Please read all these terms and conditions indemnity form with all clauses listed below and please sign and return to us. In South Africa a formal contract has to have a signature on each and every page for each signatory (pillion and rider if both are signing) as well as on the specified lines on which to sign and date on the last page.
Africa 4 Adventure T/A Time 2 Talk CC; will hereafter be referred to as A4A.
Rider name: _________________________ hereinafter referred to a Customer or Rider.
Pillion name: ________________________ hereinafter referred to a customer or Pillion.
A4A offer three types of services: 1. Bike Rental only, 2. Bike rental with organised accommodation with self-guided tours, 3. Bike rental, organised accommodation and an A4A guided tour. This indemnity and terms and conditions caters for all three types of service offering. Bike rental and accommodation and the tours are all covered in this agreement.
Your motorcycle route application can be made either by phone, internet form submission or email. All costs are quoted in ZAR (South African Rand). Any enquiry for any route is in no way binding on either party. All verbal discussions and written enquiries may be made, however any agreement will only become binding once a formal booking reservation is made. This includes a quote form being filled in and signed, as well as a deposit being paid and received. Anything agreed outside of the standard terms and agreement below should be formally made in writing and signed as part of the reservation quotation form.
Items required to place and confirm your order
The following items in the following order, signifies your agreement to accept these terms and conditions as binding contract between A4A and yourself the bike hirer and or route participant. All of the following conditions all need to be met for a full contractual agreement to be in place:
1. The final agreed quotation document for the reservation completed and signed. There may be many versions of this until all choices have been refined and agreed. Where all the acceptance of each of the requirements check-box is either ticked or crossed out on the form and the full final document is manually signed, scanned and sent to us.
2. Completed and manually signed this Terms and Conditions Indemnity Form signed on every page.
3. The booking reservation deposit funds have been received into our bank account.
No bikes will be allowed to leave on tour without all of the above, plus full and final payments settled and in place.
Manual reservation quotation form signature
A4A cannot however accept any route participant without a manually signed quote completed and returned before the trip starts. This ensures we have all your correct details and requirements for the route. Ideally this should be completed and emailed us before you arrive, but in certain circumstances we can complete this manually on arrival.
Booking reservation deposit
A booking reservation deposit of 30% of the total route price is required at the time of reserving a motorcycle and or place on a tour, even a self guided tour. This deposit and all the requested documents secures a motorcycle, a place on the route and starts the accommodation booking process if so required. The balance of the total amount is due 30 days before the motorcycle is collected and or route starts. If the total balance has not been received 30 days before departure of the route, A4A reserves the right to treat this reservation as cancelled and charge the relevant cancellation fee. See cancellation fees rates below.
Deposits are fully applied to your final payment. If, while sending in a motorcycle route application along with a deposit, your selected motorcycle route becomes fully booked in the interim, your motorcycle route deposit will be promptly refunded or you will be offered an alternative booking. Your booking is considered final and binding on issuance of A4A'S motorcycle route order confirmation. Your application will not be considered without an accompanying deposit or without the requested documents as listed above.
Payment method options
Payments can be made either by bank transfer (TT) into the A4A Bank Account, or Internet payment using PayPal. Personal cheques are not accepted for payment. Please request banking information separately, we have a form that recommends all payment options with pro's and con's of each in terms of costs and times, etc.
Motorcycle hire / rental
Rental motorcycles are provided as part of the route package, unless you provide your own motorcycle.Motorcycles may also be hired and not partake on our routes but you decide where you want to ride, provided you tell us where you are going. You will need to inform us if you are going out the country and A4A have to provide specific paperwork for the borders otherwise you will not be allowed to pass through.
The type of motorcycle rented will depend on the booking request that has been made. It is based upon your height, experience and riding ability. The images of the motorcycles on the website do not always represent the exact colour and model version of the motorcycles provided. All of the bikes have optional panniers and tank bags. If and when necessary, A4A reserves the right to substitute the motorcycle confirmed to route participants. A4A strives to ensure that all participants ride the motorcycle they have requested, and is very proud of their record in doing so. Unfortunately, at times, certain unexpected and uncontrollable situations arise which may require the substitution of a motorcycle. This includes, but is not limited to, mechanical failure, collision damage from previous hires and theft. Should A4A not be able to replace a confirmed motorcycle with the confirmed type or similar, a prorated refund for the difference in models will be refunded to the participant. This constitutes the maximum liability for A4A.
Motorcycle refundable damage deposit
A refundable damage deposit for the insurance excess of ZAR17000.00 has to be paid just before or at the A4A rental center at the time of hand-over of the motorcycle at the beginning of the rental period. The amount of the refundable damage deposit is equal to the amount that is deductible as excess by the vehicle insurance.
A4A reserves the right to adjust the amount of this damage deposit and insurance deduction without due notice as this can be changed without notice to us by our insurers.
This damage deposit will be refunded upon return of the undamaged motorcycle to A4A within one calendar month, however we tray and do so within the first week. The rental period cannot be shortened due to the inability to ride by a renter, for an accident or for any other cancellation reason. During the rental period / tour route A4A will endeavour to but is not obliged to replace a damaged motorcycle.
On return scrutineering, should any damage have occurred to the motorcycle, which was not present when it went out, it will then be sent off to be assessed by a BMW motorrad dealership and quoted for repair. A4A will charge the BMW rates and also add a ZAR900 admin fee for processing and having the bike repaired. Where possible A4A will also do minor touch ups such as scuffing to handlebars and crashbars to minimize the costs to the customer. A refund will be processed where we take the original deposit, deduct the admin fee, deduct any other fees necessary to repair the motorcycle as well as any FX fees incurred in sending back the remainder of the fees and refund the balance as quickly as possible. We aim to resolve the repair as quickly as possible so that the motorcycle is able to be deployed into the rental pool as soon as possible again.
In general A4A try not to change prices once an order has been placed. While A4A will try at all costs to limit these, should cost factors outside our control including, but not limited to, accommodation, motorcycles, insurance, international currency fluctuations etc. necessitate the need for fare increases, A4A may do so at any time prior to 60 days before departure.
This cancellation and refund policy is not meant to be punitive, but reflects that once you sign up, A4A uses the deposit to make certain advance payments and expenditures on your behalf that are not recoverable. When cancellation notice is short, A4A will have lost any possibility of replacing your spot with another biker. We do understand there are unavoidable reasons for last-minute trip cancellations, so please take out trip cancellation insurance on you own accord to cover this situation event should it occur.
Should the client cancel, the following percentages of the amounts paid in the table below will be forfeited depending upon how much notice is given. If we can replace your spot on a motorcycle tour due to our own high demand, and if the motorcycle tour leaves fully occupied, we will refund all your deposit, less ZAR 1000 administrative fee. If you can not join us but provide A4A with a qualified substitute, and if the motorcycle tour leaves with this replacement, an administrative fee of ZAR 1000 will be charged.
Notice before route departure and % forfeit
1. More than 60 days before your departure date a full refund will be made, less an administrative fee and any lost booking deposits. - Forfeit ZAR 1000 Admin fee and lost booking deposits.
2. You send a substitute instead, who makes it on time to ride, and can stay in the identical accommodation, be that shared or own room, etc. - Forfeit ZAR 1000 Admin fee.
3. Between 60-46 days prior to departure, less unrecoverable accommodation amounts over the 35%. - Forfeit 35% and lost booking deposits.
4. Between 45-30 days prior to departure, less unrecoverable accommodation amounts over the 65%. - Forfeit 65% and lost booking deposits.
5. Between 29-0 days prior to departure, a full 100% route price forfeit made, because all trip expense have been pre-paid by this time, and A4A has now lost any reasonable chance of replacing your place on the motorcycle tour. - Forfeit 100% of Full Route price
Route cancellation insurance is not included in our route prices. Should you require this please organise it separately.
Cancellation date changes
A4A reserves the right to offer the customer the ability to avoid loss and cancellation, by changing their booking to any suitable future time when other tours are not running and motorcycles are not yet booked up. this would remain valid for a two year period from the date of the original booking.
Printing errors and calculation mistakes
A4A reserves the right to correct printing errors or calculation mistakes at any time.
Price of route inclusion and exclusion
The detail of items included and not included are listed in the “route includes” and “route excludes” pages of our website. The route price includes the motorcycle, the accommodation in double, twin or single rooms, dependent up on the selection made at the time of booking.
The price does generally not include, items of a personal nature which can be seen in our "optional includes" page, such as protective jackets, footwear and helmets (but these are available to rent should you so choose), eating and drinking out, curios, the optional coffee table book, petrol and add-on extra adventure options such as a shark diving tour, Game drive (unless explicitly stated), etc.
In all cases all accommodation will be booked and paid for before arrival. Should the tour arrive at a place that was previously all booked and organised to suddenly find that there has been a double booking or not room available for whatever reason, customers who have paid the extra cost for individual rooms will be allocated on a first come first served basis, however, availability cannot always be guaranteed. Remember we are traveling out to remote areas and accommodation is sparse in these remote areas. We will however endevour to try and organise within the group as best as possible, and ensure the accommodation takes full responsibility for finding alternate accommodation on A4A's customers behalf.
Minimum route participants
In general A4A try not to change or cancel routes once an order has been placed as it is not good for business. Up to 30 days prior to the start of the route A4A reserves the right to cancel a route if the minimum number of participants have not been attained - even if route participants have booked and fully paid by that time. At all times we will keep the paid tour members fully up to date of the likelihood of this occurrence, which is very rare, to give as much notice as possible to make alternate arrangements. Refunds will be made according to cancellation fees section above.
Tour cancellation by A4A
In this case clients will be notified forthwith. A4A may offer to operate the route if all participants agree to pay a surcharge as the minimum number required has not been reached. Should clients decide not to pay the surcharge, A4A will refund their payment in full, which will constitute the full settlement, less the accommodation deposits and payments lost. A4A is not liable for any additional costs or losses incurred by the route participant due to A4A's cancellation of route because of a lack of participation. This includes, but is not limited to, the cost of pre-paid airline tickets, hotel reservations and automobile rentals. Situations may arise which in our opinion make it necessary for us to cancel, advance or postpone a scheduled route, change the itinerary or make substitutions regarding hotels, destinations and any other travel arrangements. In such an event, we will not assume responsibility or liability for any resulting losses, expenses or inconvenience. The full motorcycle hire price will be refunded should the route be canceled prior to the scheduled departure date, but accommodation deposits or payments in full not reimbursed will be deducted. A4A is not required to make any refunds once a route has commenced regardless of the reason why a participant is unable to complete the route.
Route and Motorcycle indemnity form
This indemnity form is to be completed and signed before you will be issued with your motorcycle. Drivers and passengers understand that motorcycling is a dangerous activity and are aware of these risks, and fully accepts those risks and are solely responsible for keeping their motorcycle under control, selecting proper speeds, and adhering to the applicable country's laws.
Drivers and passengers, their heirs, successors, and assignors agree to release, indemnify, and hold A4A, its agents, contractors and employees harmless from any and all liability or claims directly or indirectly related to participation on a motorcycle tour route and the consequences of the act of riding a motorcycle on said tour route.
Riders and Passengers Responsibilities
Riders: Must be ideally over 30, (but we consider on merit the legal requirement of at least 19 years old) and hold a current, unrestricted motorcycle license for unlimited capacity motorcycles from their country of residence and have held it for at least one year. In addition, where drivers licenses are not printed in english drivers must have an international driving license endorsed for motorcycles. All local road rules must be complied with. Your motorcycle tour leader will give each rider a briefing and document relating to local riding conditions, speed limits, local signage, and other applicable traffic regulations. It is the rider's responsibility to adhere to all traffic regulations. Helmets are mandatory. Drivers are solely responsible for their choice of riding style and speed selection even when following a motorcycle tour guide in a convoy formation with other motorcyclists. In addition, should an A4A tour guide ride into an area the customer/renter is not comfortable in following riding into, then there is no obligation to follow, and no blame or any liabilities for accident may be implied on the tour guide for an accident by the renter. A4A and it's tour guides are indemnified in all cases.
Passengers: Passengers must be ideally over 30, (but consider on merit the legal requirements of at least 15 years old, have their parents or guardians permission to ride on the tour) and if they are riding the same as the riders clause above.
Helmets are mandatory. Riders and passengers must all be aware of traffic, road conditions, weather, and other motorcyclists. A4A is indemnified against all claims from pillion or passenger riders.
Non-compliance of traffic laws and group travel regulations
If a client does not comply with all the relevant traffic laws or the requirements for group travel, A4A reserves the right to cancel the contract and secure the rental motorcycle.
Verbal alterations to terms and conditions
All verbal alterations to these terms and conditions are invalid unless confirmed in writing by A4A.
Copyright ownership on Photographic and Video material
Any photos and/or videos produced by A4A or its representatives en-route are the property of A4A. The copyright rests with A4A.
Also should A4A be given the photographs taken by any of the tour participants to publish on facebook, twitter, or any other social media, to be able to make coffee table books, etc. By handing over these photos the customer will automatically cede the copyright over to A4A. A4A will however recognize the photographer by attaching their name to each photograph taken in all publications with the exception of the coffee table books, where the name will be put in the forward part of the book.
Border crossing - International Passport, Visa, Driving license and / or Health regulations
The client is individually responsible for researching and complying with all above listed international country rules and regulations before traveling. All consequences resulting from non-compliance on the route is not the responsibility of A4A, nor will A4A be liable for any such consequences. Furthermore, any such consequences will not hold up nor affect the other participants on the route, and the route will continue with or without the affected client. A4A will of course try and mediate and help out wherever possible, but in the end it is responsible for the overall success of all other members of the tour, and must look at the bigger picture in a situation where one person must stay behind and let the rest proceed. A4A is responsible for ensuring all border crossing paperwork for the motorcycle is organised before hand and provided to the customer in time. The customer is responsible for the customers personal paperwork.
Responsibility for Accommodation services offered
A4A is responsible for providing the accommodation services listed in the route description according to the local standard and the accurate description of services offered in it's literature. A4A carefully selects and constantly checks it's contractors, such as B&Bs, hotels and restaurants. A4A is responsible for conscientious travel preparations. On occasion, particularly in small towns or during the high season, A4A are not always able to find the ultimate accommodation due to the places in high demand and being booked up. A4A endevour to make the tour overall the best they can given the conditions and accommodation availability.
Responsibility for Accidents
A4A is not responsible or liable for any accidents. A4A reserves the right, without prior notice, to withdraw any part or all of a route and/or to make the necessary changes. Any costs, if and where applicable, as a result thereof, shall be paid by the client. Furthermore, it is agreed and understood that the owners, operators and agents of this route including A4A are not the guardians of any client's safety, just a moral responsibility to make the tour enjoyable and safe. A4A's primary concern is to keep the trip fun and safe, in order to generate future business, as well as to look after the motorcycle assets.
In addition they, individually or collectively, A4A annot be held liable in any way for any occurrence connected to the operation or the client's participation on the route which might result in injury, death or other damage to the client, their property, their family, heirs or assigns. A4A is not responsible or liable for a delay occurring from the manufacturer's failure, or to deliver the motorcycle on time. The liability of A4A as the route operator is limited to a total of three times the route price irrespective of the title/claim. A4A is not responsible for any delays changes in schedule or other conditions.
Responsibility for Breakdown and Recovery
Should the motorcycle break down within South Africa then for the most part it will be covered by the BMW Assist 24hour drive out support. While this may take some time, they will assist you in dealing with any thing from a tyre change or flat battery, to major breakdown issues. Where they can assist you on the roadside they will, otherwise they will ensure you and the vehicle are brought to the nearest BMW dealership for urgent repair. While the cost of the motorcycle repair, provided not caused by negligence or an accident, are for the account of BMW warranty or A4A, the accommodation and personal costs will be for the rider.
Should the motorcycle break down in a country outside of South Africa, BMW Assist do not cover extra-SA and it is for A4A and the client to resolve in the quickest and best way possible, balancing the need to fix the motorcycle with the need to limit the impact to the customers adventure holiday plans. A4A charge a call out fee of ZAR2000 per day on the road there and back, plus the cost of the parts. This covers petrol, accommodation, time, etc.
The A4A motorcycle insurance policy covers a full recovery if the motorcycle is written off in a foreign (to SA) country, but this would require using all the damage deposit as insurance excess. If the requirements are smaller e.g. a new wheel or other part delivered quickly (couriered or A4A drive out and deliver) or something similar it is best and cheaper to discuss the cost to do this at the time to make a call to resolve in the best cost and speed option available to both parties A4A and the customer.
Responsibility for Baggage
We do not have enough space in the vehicle for more than two pieces of airline overhead carrier-size luggage per person, so please limit the size of your luggage otherwise some things may have to remain at the office for the duration of the route, to be collected on your return. Also A4A assumes no responsibility for loss, damage or delay in delivering baggage to route participants. Baggage turned over to A4A for transport each day is done so at the participant's own risk. Baggage insurance is recommended. It is also recommended that you keep some essentials with you in the panniers/top-box/tank-bag on the bike, such as Wallet, Camera, Toiletries and a few day change of Clothes in case of separation from the support vehicle for any reason.
Responsibility for Weather conditions
A4A strives to schedule its routes at a time of the year when the weather in the route area is usually pleasant for motorcycling. Most of the routes pass through areas where weather conditions may change very fast and significantly. A4A cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions.
Responsibility for Alterations to the route schedule
Some routes are operated on seasonal basis and where seasonal variations and/or weather conditions cause changes in the route routing or accommodation, the itinerary will be adjusted accordingly and alternative accommodation, restaurants and routes used. This is specifically noted for safety and accident avoidance reasons. e.g. Rain causing mud on specific routes, nature reserve closures due to heavy flooding, etc.
Early termination of an individual rider's place during the route
Clients leaving or failing to complete a motorcycle route for any reason must make their own arrangements for transportation, lodging, and motorcycle return to the motorcycle tour's ending destination, at their own expense, unless prior arrangements with A4A have been made. Any cancellation refunds will consist of whatever monies can be recovered from hotels and other contractors, which for the most part if any, is minimal.
Responsibility for Personal Insurance
There is no insurance coverage for injury to the rider and/or pillion. It is highly recommended that participants take out additional insurance at home, at their own expense, to cover such things as motorcycle tour and travel cancellation/interruption, personal accident, health and medical, hospitalization, property loss, etc.
Please also be aware that helicopter rescue services in South Africa only really cover the major city areas and cover no outlying areas. It is also very doubtful that any other Southern African countries have any helicopter evacuation services at all. Insure up and ride safe.
Please sign that you have read and understood this specific clause:
Rider sign here:______________________
Pillion sign here:______________________
Items required from each rider
In order to prove that you are an experienced rider of at minimum one year, we require a scanned copy or photocopy of your motorbike drivers license. This includes Pillion members if they ever ride the motorbike during the route.
As Rider and or Pillion I accept all the above terms & conditions and indemnify Africa4Adventure against all claims as detailed in all clauses above:
Rider Print name:_____________________ Pillion Print name:_______________________
100km Gravel, Central Karoo
Hout Bay, Cape TownSouth Africa
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