Terms and Conditions/Waiver and Release Agreement

PRIVATE DAY HIKES

TERMS & CONDITIONS OF SERVICE

fynbos whisperer* offers commercial Private Guided Mountain Day Hikes under the following terms and conditions:

PAYMENT TERMS

  • No reservation is secure without payment of a non-refundable deposit of 50% of the total value of the reservation, i.e. your space on the hike(s) you are booking for is only reserved once the deposit and proof of payment thereof is received.    

  • All reservations must be fully paid 24 hours prior to the start of the first hike per booking as per the payment details on the invoice and the start-time and date set out in the itinerary of that hike. 

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

  • Fees paid are for the specific hike(s) and date(s) booked for and as described in the invoice and are not transferable to any other hike or another date.

  • Participation in any private day-hike is subject to participants (1) completing and submitting the booking form therein accepting these terms and conditions and agreeing to the waiver and release agreement and (2) proof of full payment on due dates via e-mail to santie@fynboswhisperer.co.za. Bookings are only confirmed upon receipt of the proof of final payment AND the abovementioned documents no later than 24 hours prior to the start of the first of the hike(s) booked for per booking

  • Failure to comply to these terms will automatically result in cancellation of the booking.

CANCELLATION TERMS

  • 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 24 hours before the start of the first of the private day-hike(s) booked for per booking 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 24 hours of the start of the first of the private day-hike(s) booked for per booking, i.e. there will be no refund.

GENERAL TERMS

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

  • Participants are expected to respect and obey the rules and conditions of access to any Private Land, Nature Reserves or Wilderness Areas where the mountain hike will take place.

  • Mountain hiking takes place in rugged mountain areas and can be strenuous and challenging. Participants need to be healthy and fit and are expected to carry their own water, and snacks and lunches where relevant, as well as warm and wet-weather gear for the entire duration of the mountain hike. 

  • 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.

  • Hiking durations indicated in the itinerary are based on our experience of guiding many participants on a variety of routes at an enjoyable and safe hiking pace. Hiking durations may however vary depending on the fitness level of the participants and the conditions on the day. Ascent/descent of Table Mountain via Table Mountain Aerial Cableway as part of any of the hikes, even if indicated, is also not guaranteed, and will be on foot if the Cableway is closed, further affecting hiking durations. Additional fees will be applicable where indicated hiking durations are exceeded. This is also applicable in case guests arrive late, resulting in the end time of the hike being exceeded.

  • Safety of participants 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 aid or medical insurance cover.

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

  • Participants may also consider obtaining 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 complete it.

  • Advertised prices are for specific hikes, hiking durations and group sizes as indicated. Different rates are applicable for different hikes, group sizes and hiking durations. Advertised prices exclude any drinks, snacks or lunch packs that are not advertised. For other hikes, group sizes, durations, drinks and snacks, please contact us for rate.

  • Gate and permit fees to enter any of the Reserves, National Parks, Parks and Botanical Gardens, Table Mountain Aerial Cableway tickets and Kirstenbosch National Botanical Garden entrance fees are all excluded from the advertised prices. Participants are responsible to purchase their own entrance tickets/permits etc. unless otherwise stated.

  • Transport is excluded from advertised prices, can be arranged upon request at an additional fee.

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*.

FYNBOS WHISPERER

*Any reference to fynbos whisperer in this document is to be understood as a reference to Susanna Margaretha Gouws, owner of Fynbos Whisperer Guided Hikes and 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.

Waiver and Release Agreement

I do, on my own behalf and on behalf of my dependents, minor children, heirs, executors, trustees, successors and assigns, for and in consideration of permitting me to participate in any Guided Hike provided by fynbos whisperer* as per my booking(s) and invoice(s), hereby acknowledge and agree that:

  • fynbos whisperer*, staff and agents, and any other person directly or indirectly in the employ of  fynbos whisperer* shall not be held responsible for, and shall be exempt from liability in respect of any expense, loss, damage, personal injury, accident, or inconvenience to me and or my personal property and/or luggage, whenever the same shall arise from, or be occasioned by any past or future act or omission, whether intentional or negligent, breach of contract and/or arising from any other cause of whatever nature whether sickness, quarantine, weather conditions, war, strikes, riots, cancellation or curtailment of any tour. 

  • I waive and abandon all rights of actions, which may arise against fynbos whisperer* as a result of personal injury, death, expense, loss or damage sustained by me before, during or after any Guided Hike provided by fynbos whisperer* that I’ve booked for and participated in. 

  • I indemnify, hold harmless and absolve fynbos whisperer* against any or all claims of action whatsoever by any natural or legal person or third party that may arise from any past of future acts or omissions. 

  • I have been fully advised of the hazards and dangers incidental to engaging in this activity, understand that it is Mountain Hiking and accept the risks and dangers involved, due to the nature of the activity. 

  • Upon entering a mountain environment one is exposed to numerous potential dangers and that partaking of any and all activities arranged, advertised or suggested by fynbos whisperer* are undertaken at my own risk. 

  • I confirm that I am physically fit and sufficiently capable to participate in the trail and that I am acquainted with and bound by all rules governing my participation. 

  • In the unlikely event of an accident occurring, I authorise fynbos whisperer*, to act on my behalf to secure medical treatment. 

  • The onus is on me to arrange for my own insurance for any evacuation costs, medical costs, personal accident, personal effects whether it be damage and/or loss of same and any possible cancellations that may occur. 

  • I understand and accept that except that fynbos whisperer* will not be held responsible for any repayment or other financial compensation or contribution should I need to cancel and not be fully covered for any loss by timely and adequate travel insurance. 

  • fynbos whisperer* reserves the right, in sole discretion, to alter or substitute routes, itineraries, and/or arrangements should conditions necessitate this. In such instances, substitutes of equal value will be offered wherever possible. 

  • If, in the opinion of fynbos whisperer*, the fulfilment of any Guided Hike is considered impossible, illegal or if, in its opinion, inadvisable due to force majeure, adverse weather conditions, avalanches, strikes, war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, government interference and/or any other cause, fynbos whisperer* may at any time cancel any such Guided Hike(s) or what remains of it or make alterations to the route, date, price and/or any other aspect thereof, as reasonably deemed appropriate, and any losses and expenses resulting from such cancellation or alteration shall be borne by the participant.

PRIVACY STATEMENT

fynbos whisperer* respect the privacy of participants. Your personal information is collected and will be stored by fynbos whisperer*. This privacy statement explains how we may collect, store, use, and disclose personal information that participants provide to us. Participants may decide not to provide personal information in which case we may not be able to process this Agreement. By signing this Agreement, participants agree that we may collect, store, use, and disclose their personal information in the manner set out below.

fynbos whisperer* collect personal and other information to be able to follow clients' instructions; meet our responsibility to clients; inform clients of new products; services or price fluctuations and address clients' needs. Personal information may be received from or provided to protect and defend fynbos whisperer*'s rights and property; any regulatory authority; comply with legislation; protect public interest; agents, advisers and service providers in order to provide services to clients and comply with legitimate contractual rights and obligations. 

fynbos whisperer* acknowledge the individual’s right to privacy and the protection of personal information and may, in compliance with the applicable legislation and specifically the Protection of Personal Information Act 2013, Act 4 of 2013 (POPI), be required to review, process, divulge and or share personal information with third parties or affiliates as required by law. 

You may request access to, or correction of, any personal information we hold about you by contacting fynbos whisperer* as follows:

+27 (0)82 566 1788

santie@fynboswhisperer.co.za

*Any reference to fynbos whisperer in this document is to be understood as a reference to Susanna Margaretha Gouws, owner of Fynbos Whisperer Guided Hikes and registered Mountain Guide with registration nr WC 13274, and/or her staff and agents, and any other person directly or indirectly in her employ.