Tour Payment & Cancellation Terms + Limitation of Liability
1. PAYMENT & TRIP CONFIRMATION:
Active Escapes CC reserves the right to request a R500 – R1000, non-refundable tour itinerary/ customization fee. This fee will be deducted off the tour price should the quote / itinerary be accepted.
On acceptance of the booking, a 50% deposit (of the total tour amount) confirms your booking. The balance needs to be paid at least 21 days prior to departure or start of the tour.
Payment Terms & Conditions
a) The invoice amount is what needs to be received by Active Escapes CC. All forex, conversion or bank charges will therefore need to be paid by the client.
b) Active Escapes CC, regrettably does NOT have a direct credit card facility.
Preferred Payment Methods:
Payments within South Africa: An EFT / Bank to Bank transfer is our preferred payment method for local payments. If you wish to deposit cash or a cheque, you will need to do this at an Absa branch (see bank details thereof). For cash deposits, please add 1.5% to the total with a minimum charge of R50, and for Cheque deposits – please add R50 to the total.
Overseas Payments: Regrettably we do not have a credit card facility.
Our EFT/ Bank Transfer option:
Active Escapes has an account with Exchange4free (https://exchange4free.com/). They are on online money transfer service offering better exchange rates than the banks and NO transfer fees. You are also welcome to use your own 3rd party money transfer service.
Through Paypal: we will convert your invoice ZAR total to USD using the Interbank Exchange Rate on the day, and then you will be invoiced through Paypal. A surcharge of 5.5% will be added to all Paypal invoices. This comprises a 4% levy by paypal as a ’cross-border’ fee & the 1.5% conversion fee on the SA side. You can chose to pay by credit card, debit card, funds in your paypal account or from your local bank account. The 5.5% surcharge will be added to the paypal invoice total so we need to receive the NETT amount in USD as invoiced.
2. Cancellation of Tour or Alteration by Active Escapes CC:
Active Escapes reserves the right to change any element of the itinerary to ensure the safety and comfort of guests. In the event of a tour being cancelled by Active Escapes, excluding occurrences outlined through ‘forces majeure’ (detailed below), the client may choose a full refund of all monies paid, or book another upcoming tour that Active Escapes is in a position to offer. No further liability by Active Escapes CC to the client with regard to the cancellation will arise. In the event of a client selecting an alternative tour offered by Active Escapes CC, which is lower in price than the original tour, then the client will be entitled to a refund of the difference. If the alternative is more expensive, then the client will be liable for the additional cost.
3. Standard Cancellation Terms & Conditions
Cancellation of any booking must be received in writing and fully acknowledged by Active Escapes CC in writing.
If a booking is cancelled with the consent of Active Escapes (AE), AE reserves the right to retain 20% or R500/per cancelled person (whatever is the greater) of the total tour amount as a Booking & Administration Fee.
Should a person cancel a tour and cannot find an immediate replacement, with:
a) 4 weeks or more notice – 25% of the total tour amount is forfeited.
b) If ACTIVE ESCAPES has less than 4 weeks’ notice, the cancellation fee, payable by the client will be as follows:
- 27-21 days prior to the trip: 50% of the total tour amount
- 20 – 14 days prior to trip: 60% of the total tour amount
- 13 – 0 days prior to trip: 100% of the total tour amount
c) Under special circumstances, the 50% deposit may be transferred to another tour or event, to take place within 12 months of the cancelled tour/event. However, a 20% or R500 (whichever is the greater) Booking/Admin fee will still apply.
4. Covid-19 Adjusted Booking & Cancellation Terms
In the light of the Covid 19-pandemic, in which none of us can determine (or predict) national and international travel restrictions; Active Escapes' approach to all trips that have been or are being booked are:
- Flexible booking & Postponement Terms up to one week before the trip: if a member of your party has contracted Covid-19, been in direct contact with a person that has, or there are new travel restrictions imposed: you can postpone without penalty for up to 6 months.
On previous bookings taken, our policy has been:
- Please Postpone rather than cancel. We will enable NO penalty postponements for up to 12 months (from the original date booked) - i.e. you will get exactly the same trip at 2020 rates as you would have paid this year. We can also postpone up to 18 months, but after 12 months, the 2021 rate increase will apply. Your deposit paid will be kept as a ‘voucher’ in essence, and you can even chose another trip with Active Escapes, though preferably we’d hope you keep to the same trip to support the same suppliers who are losing the booking.
- Cancellation: if you chose to cancel, we will facilitate this with as minimal penalty as possible - hence we are offering all our tour groups that are chosing to cancel a full refund less 10%, on which we honour to pay the suppliers their portion of this small cancellation fee. Refunds will be paid back in ZAR (Rands) as received
5. FORCE MAJEURE
We regret that we cannot accept liability or pay compensation if we are forced to cancel, curtail or in any way change your trip, or if the performance of our tour, is prevented or affected by circumstances amounting to “Force Majeure”. Such circumstances shall include, but are not limited to war, riot, civil strife, industrial dispute, natural disaster, closure or congestion of airports, extreme weather and similar events beyond Active Escapes control.
In circumstances where Active Escapes CC is unable to provide the trip due to “Force Majeure”, we will return monies where we can, based on the cancellation policies of our sub-contracted agents and service providers. Very rarely, Active Escapes CC may be forced to curtail the trip after the date of commencement should the circumstances amounting to “Force Majeure”, as defined above, occur. In this unusual situation, Active Escapes CC cannot be liable for refunds or extra expenses incurred by you as a result.
You will be responsible for your own flight arrangements and bookings, both international and domestic. Active Escapes CC may advise on best available flight times & airports, but we will not make any flight bookings.
The information on our website, leaflets, pre-departure information, and any other advertisements issued by Active Escapes CC or its agents, is given in good faith, and unless specifically stated shall not form part of any contract between the client and Active Escapes CC.
Should a client, in the sole opinion of Active Escapes CC or its duly authorized representatives, be considered unsuitable for the tour (physically, emotionally or other); or be the cause of unacceptable provocation to other clients, Active Escapes CC reserves the right to remove such client off the tour. In such circumstances, Active Escapes CC will not be liable to make any refund to the client, and no other liability by Active Escapes CC to the client will arise.
9. LIMITATION OF LIABLILTY / DISCLAIMER
Active Escape’s tours and events are designed to provide an experience where participants find a level of challenge and adventure that enables them to push personal boundaries. We strongly adhere to the principal of “Challenge by Choice”. Whilst every reasonable care has been taken to ensure tours are organised and adhere to safety standards with adequate pre-departure information, our bookings are accepted on the understanding by the client that certain risks exist which is an inherent part of adventure and outdoor activities.
Clients undertake all tours and associated activities at their own risk. The client and his/her dependants, heirs, executors, administrators or assigns, hereby indemnify and hold blameless, Active Escapes CC, its members, employees, representatives and agents from any claims of whatsoever nature and from any liability for delay, loss, damage, injury, illness or death, arising from any cause whatsoever out of events related to or occurring during a tour.
10. THE CONTRACT
This contract, by whoever it is made and wherever it is made, is subject to and shall be governed and construed according to South African law.
11. CLAIMS AND COMPLAINTS
Any complaint that the client has against Active Escapes CC must firstly be taken up with the tour leader, in order that the leader be given an opportunity to remedy the problem. If the client has any further complaint this must be lodged in writing to Active Escapes CC within 28 days of the end of the tour.
12. TRAVEL INSURANCE, MEDICAL & EMERGENCY EVACUATION
It is a condition of joining any of our holidays / tours that you are adequately insured. If you are a South African resident and have an annual medical aid/hospital plan – please check with your insurer that you are covered for emergency evacuation costs. As an overseas traveler, you will need to take out travel insurance – that will cover you for emergency evacuation, medical expenses and personal accident risks (to include helicopter rescue services & repatriation costs).
We also strongly recommend that you take out delayed departure and cancellation insurance, as payments made are only refundable, according to our cancellation policy.
Please ensure the following:
- Your insurance documentation must state that you are the named policyholder.
- Cover must be valid for the entire duration of your travel with us.
- You must be covered for Medical Expenses and Medical Emergency Repatriation in the event of illness or injury (including the deterioration of known medical conditions).
- Your policy must cover you fully for all activities you’re planning on taking part in on your holiday/tour (such as water-sports or trekking at altitude).
- Your insurance documentation must indicate a 24-hour contact telephone number for your Insurance Company in case of an emergency.
Once you have confirmed your insurance, it is your responsibility to advise us of your policy details (Policy Number & Emergency contact no) by sending an email to firstname.lastname@example.org
Please ensure that your insurer is aware of your itinerary and agrees to cover the activities being undertaken.
12. TOUR EXCLUSIONS
All that is included in the tour package will be explicitly stated in the client’s invoice. Unless explicitly stated as ‘included’, the tour package does NOT generally include:
- International and domestic flights.
- Personal Medical or Travel insurance (we insist you have). You need to ensure that your travel / medical insurance fully covers the adventure activities you intend to do.
- Emergency Evacuation due to any natural calamity or medical emergency.
- Alcoholic and soft drinks.
- Bar Bills, laundry services & tips.
- Any fees levied for flying with bicycles or excess baggage charges.
- Optional trips, activities and sightseeing tours.
Prices are usually per person sharing, so a single supplement charge may apply and will be quoted for.