WATSONIA HIKE

Table Mountain

Terms and Conditions

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 a Guided Group Hike provided by fynbos whisperer* 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 the Guided Group Hike. 

  • 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 a Mountain Hike 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 Group 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 such Guided Group Hike 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.

TERMS & CONDITIONS OF SERVICE

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

PAYMENT TERMS

  • No reservation is secure without full upfront payment, i.e. your space on the hike is only reserved once payment and proof of payment thereof is received.    

  • All reservations must be fully paid 12 hours prior to the start of the hike  

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

  • Fees paid are for participation in the specific hike as per the booking and are not transferable to any other hike or another person.

  • Participation in any group day-hike is subject to participants (1) submitting the booking form and agreeing to be bound by the terms and conditions and 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 full payment and the booking form no later than 12 hours prior to the start of the first of the hike 

  • 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 100% of the total value of the reservation will be charged if the reservation is cancelled, i.e. there will be no refund.

GENERAL TERMS

  • 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 by participants due to changes in the weather. 

  • The maximum number of participants per hike is limited to 8 persons. Bookings are treated on a first come first serve basis, based on both proof of payment and registration and waiver and release forms 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. 

  • A minimum number of registered and fully paid-up participants is required for a hike to go ahead. If this number is not reached by 12 hours prior to set hike date and start time, fynbos whisperer* reserves the right to cancel the hike, and in such a case, paid up participants will be notified and refunded for that hike in full. 

  • 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. 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 trail without compensation. 

  • The onus remains on participants to ensure that they will be able to complete the particular hike on the particular day within the allocated time.  fynbos whisperer* reserves the right, in sole discretion, to turn any participant back without compensation, if within the first 30 to 60 minutes of the particular hike it becomes clear that that participant is lagging behind and might not be able to complete the hike in the allocated time, putting the safety and enjoyment of other participants at undue risk.

  • 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, snacks and lunches, as well as warm and wet-weather gear for the entire duration of the mountain hike. 

  • 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 sole discretion of fynbos whisperer*. 

  • 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. 

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

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Please note that filling in and submitting this form does not automatically register you for any hike. Registration and full upfront payment are necessary for participating in any of the Fynbos Whisperer hikes.

Terms & Conditions apply.