TERMS & CONDITIONS OF SERVICE

fynbos whisperer* offer commercial guided multi-day mountain hikes under the following terms and conditions:

4.1 PAYMENT TERMS

Kindly note that to enable  fynbos whisperer*  to let you make this an unforgettable experience, upfront arrangements need to be made and costs incurred at our risk. To reduce our risk as well as the risk of the Mountain Hike taking place and subject to the terms and conditions of this agreement, the following payment terms apply:

• No reservation is secure without payment of a non-refundable deposit of 50% of the total value of the reservation, i.e. subject to final payment received by the due date, your space on the hike is reserved as soon as your deposit is received. The maximum number of participants per hike is limited, and bookings are treated on a first come first serve basis, based on both proof of payment of deposit received. Although care will be taken to notify interested participants in advance in the case the maximum number has already been reached, any potential participant paying for and sending the relevant documents after the maximum number has been reached, will be put on a waiting list for if an opening becomes available, but if not, will be fully refunded.

• All reservations must be fully paid 60 days prior to the start of the Guided Hike.

• In all instances, payment shall be made in the currency in which the invoice is made out.

• Failure to comply with these terms will result in an automatic cancellation of your booking. 

4.2 CANCELLATION POLICY

The following refund and cancellation policy applies:

• Any cancellation of a confirmed reservation must be received in writing.

• A cancellation fee of 50% of the total value of the reservation will be charged if the reservation is cancelled up to 60 days before the start of the Guided Hike, and is non-refundable.

• A cancellation fee of 100% of the total value of the reservation will be charged if the reservation is cancelled within 60 days of the start of the Guided Hike, i.e. there will be no refund.

• A minimum number of participants is required for a guided multi-day Mountain Hike to go ahead. If the minimum number of reservations have not been received by 60 days before the start of the Guided Mountain Hike,  fynbos whisperer* reserves the right to cancel set Mountain Hike. Participants will be notified in writing and offered a choice of either a full refund or attendance of another Guided Mountain Hike of similar value at a later date.

4.3 GENERAL TERMS AND CONDITIONS OF SERVICE

fynbos whisperer* offers commercial guided multi-day Mountain Hikes under the following terms and conditions:

• All travel arrangements, such as hotel and accommodation reservations, motor transport bookings and the like made by fynbos whisperer* on behalf of the participant or his/her accompanying dependents, guests or companions are subject to the booking conditions and cancellation provisions of the relevant supplier thereof. The participant or his/her accompanying dependents, guests or companions is therefore also subject to these booking conditions.

• Participation in any mountain hike is subject to participants registering by completing the booking form and therein agreeing to be bound by these Terms and Conditions and Waiver and Release Agreement (see below) AND proof of insurance AS WELL AS proof of, and full payment on due dates as per the Payment Terms described above. Participation is only confirmed upon receipt of the proof of final payment AND the abovementioned documents no later than 60 days prior to the start of the Guided Hike. Failure to comply to these terms will automatically result in cancellation of the booking. No proof of payment and documents, no attendance.

• Rainy or inclement weather may occur and is an inevitable part of an outdoor activity like mountain hiking. Refunds will not be granted due to last minute cancellations due to changes in the weather.

• Participants are expected to respect and obey the conditions of the Access Permits to the Wilderness Areas where the Mountain Hike will take place.

• Should any participant behave in such a way as to negatively affect the enjoyment or safety of themselves or other hikers, that participant will be warned and if necessary evicted from the hike without compensation.

• Multi-day Mountain Hiking takes place in rugged mountain areas and is strenuous and challenging, therefore participants need to be healthy and hiking fit and are expected to carry their own packs as per the relevant hike for long distances and up and over steep rocky terrain for the entire duration of the Mountain Hike.

• Daily hiking times and durations indicated in the itinerary are indicative and may vary depending on the fitness level of the participants and the conditions on the day.

• Safety of the whole group is paramount, and should circumstances arise which would compromise this, the route may be altered or the hike curtailed at the discretion of the Mountain Guide.

• Participants must have adequate medical insurance, travel insurance and baggage insurance cover. This is a compulsory requirement for participation in the Guided Hike. 

• Participants must ensure that the medical cover includes emergency evacuation insurance, which means that in the event of a medical emergency, participants can be airlifted to the nearest hospital. This is compulsory.

• Participants must ensure the travel insurance include trip cancellation cover in the event that they have to cancel or leave the Mountain Hike due to injury or other circumstances and are unable to part-take or complete it.

• All airport transfers and transport not set out in the itinerary, personal travel insurance, medical insurance and baggage insurance, as well as personal expenses are excluded from the advertised prices.

4.4.   INSURANCE

• It is a condition of booking that all participants, including any accompanying dependents, guests or companions, are covered by fully comprehensive travel and medical insurance for the duration of their trip.  This is the sole obligation and responsibility of the participant and not of fynbos whisperer*.  fynbos whisperer* shall at all times proceed on the basis that proper insurance as required is in place.

• Insurance shall be comprehensive and should take account of the fact that some of the hikes may be regarded as non-recreational, adventurous, or even dangerous by insurance companies which should be fully disclosed.

• Where applicable cover must include events as foreseen in mentioned above as well as loss or wasted costs resulting from cancellation and/or curtailment or abandoning a hike for any reason, including such as mechanical breakdown, emergency evacuation expenses, injuries giving rise to medical expenses, repatriation expenses and damage suffered as a result of theft, loss of personal baggage, money and goods, etc.

• It is the responsibility of all participants to purchase such travel insurance no later than 60 days prior to the start of a trip unless otherwise arranged with the insurance company.

• fynbos whisperer* will accept no responsibility whatsoever for any costs or losses incurred or suffered by the participant or their dependents, guests or companions, with regard to any damage or loss and the failure to purchase insurance or sufficient insurance will be at the risk of and for the account of the participant.

4.5.   CONSENT

The payment of a deposit or any other payment in respect of a reservation with fynbos whisperer* constitutes consent by all participants covered by that payment to all the terms, conditions and provisions stipulated by fynbos whisperer*.

4.6 FYNBOS WHISPERER

*Any reference to fynbos whisperer in this document is to be understood as a reference to Susanna Margaretha Gouws, registered Mountain Guide with registration nr WC 13274 and physical address 6 Campbell Street, Observatory, Cape Town, 7925, South Africa and/or her staff and agents, and any other person directly or indirectly in their employ.