General terms and Conditions

This agreement outlines the terms between African Endeavors (“the provider/lessor”) and the Client (“the client/the rider”) who engages the services of African Endeavors in providing a fully supported guided tour as per the documented itinerary and quotation which in most cases  includes but is not limited to the rental of a motorcycle, including the rental period, price, and conditions detailed in the contract.

Definitions

Documented Itinerary and quotation means the quotation indicating the estimated pricing , Itinerary, travel products accessories and booking form which may have been accessed on-line or sent to you via email together with these terms 

  1. Booking form means the form completed by you and submitted to African Endeavors confirming your acceptance of the quotation
  2. CPA means the consumer protection act 2008
  3. Start Date means the date on which African Endeavors begins to provide a service to you. 
  4. Completion date means the date on which African Endeavors is no longer contractually obliged to provide you with the agreed service 
  5. Deposit means the monies payable to African Endeavors to secure your booking
  6. Force Majeure means any extraordinary event or circumstance beyond the control of the parties including but not limited to, whether actual or threatened, war, riot, civil unrest, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather, pandemics, epidemics ( which include government interventions or regulations in response to an epidemic or pandemic) and fire
  7. Involuntary Change means a change/s to the booking caused by scheduled airline failure, bad weather, airport and or airline strikes including those defined as Force Majeure
  8. Voluntary Change means changes requested by you that are not defined as an involuntary change and which may result in additional costs including but not limited to cancellation, amendment, administration fees and costs for new services 
  9. In Writing means written communication sent to African Endeavors by recorded delivery or by e-mail 
  10. You/your means the client/Rider as described on the booking form 
  11. FMR means Force Majeure Receiver 
  12. FMI means Force Majeure Invoker  
  13. Overbooking displacement means cancellation or rescheduling of the service due to a supplier booking error 
  14. Parties means you and African Endeavors
  15. Supplier means a third party that assists African Endeavors in providing services, including but not limited to hotels and accommodation venues, meals, drinks, motorcycle rental,  gear and accessory rental. 
  16. Supplier Schedule Failure means a suppliers failure to provide African Endeavors with services as per your booking and itinerary, including but not limited to an overbooking displacement
  17. Scheduled Airline failure means an airline’s failure to operate at all or to operate on an adjusted schedule for reasons including but not limited to technical failure or weather conditions.
  18. Total Confirmed Price means the total cost of services rendered to you by African Endeavors or on behalf of African Endeavors as indicated in the customer invoice 
  19. Expression in the singular also include the plural and vice versa
  20. Pronouns of any gender include the other genders.

Securing your booking

In order to secure your booking you need to make the following payments to African Endeavors

  1. 30%  non- refundable Deposit at the time of booking
  2. Final balance due 60 days before the start date
  3. Motorcycle Insurance Excess – Refundable if no damage has been recorded
  4. 100% of the total confirmed price if booking is made less than 60 days prior to departure  
  5. If the above payments are not received as indicated African Endeavors will be unable to confirm your booking for you.

Pricing and Payment

You will be liable for the total confirmed price less any payments made by you plus any additional charges due to booking changes that may be charged as explained in this agreement. 

  1. All clients agree to transact electronically with African Endeavors Pty Ltd via the secure payment gateway using a credit card or, EFT( Electronic Funds Transfer) or telegraphic transfer (SWIFT). Payments are usually cleared within five (5) business days. Cash or cash equivalent and travellers cheques are not accepted.
  2. Should you fail to make payment on or before the due date your booking will unfortunately be cancelled and you will forfeit the deposit paid.

Price Increases

As African Endeavors does not own any of the accommodation venues, game parks or Airlines, client quotation forms and pricing supplied by African Endeavors is based upon external suppliers. These supplier costs are subject to change until final payment has been received or in the case of an airline the tickets have been issued.  

  1. You therefore agree that should any of these costs increase, such an increase will be for your account and shall be payable to African Endeavors upon issue of such notice.
  2. Government/National Bodies, concession owners and other such parties involved in the running of public or private natural parks reserve the right to levy additional or increased park fees without notice at any stage prior to the arrival and any such cost increase affected by such parties will be for the clients account and shall be payable to African Endeavors.

Booking Changes

African Endeavors will make every effort to adhere to the confirmed itinerary. However where involuntary changes are significant such as a change in accommodation or motorcycle supply, African Endeavors undertakes to 

  1. Provide a reasonable alternative at no additional cost, subject to the terms and conditions of the relevant supplier
  2. In the event that you reject the reasonable alternative provided or should a reasonable alternative not be available as mentioned in a, above, to refund you the monies arising from the involuntary changes subject to the terms and conditions of the supplier
  1. In the event of refunding you, to assist you in identifying alternatives, subject to all additional costs, if any, being for your account or as otherwise instructed by African Endeavors.
  2. Should you wish to make a voluntary change to your booking, African Endeavors will do its best to accommodate you. However, African Endeavors reserves the right to charge the applicable cancellation fees referred to in this agreement including those charged by the relevant supplier. 

Waiver, Indemnity and Liability

African Endeavors will make every effort to adhere to the confirmed itinerary. However where involuntary changes are significant such as a change in accommodation or motorcycle supply, African Endeavors undertakes to 

  1. Provide a reasonable alternative at no additional cost, subject to the terms and conditions of the relevant supplier
  2. In the event that you reject the reasonable alternative provided or should a reasonable alternative not be available as mentioned in a, above, to refund you the monies arising from the involuntary changes subject to the terms and conditions of the supplier
  1. In the event of refunding you, to assist you in identifying alternatives, subject to all additional costs, if any, being for your account or as otherwise instructed by African Endeavors.
  2. Should you wish to make a voluntary change to your booking, African Endeavors will do its best to accommodate you. However, African Endeavors reserves the right to charge the applicable cancellation fees referred to in this agreement including those charged by the relevant supplier. 

Motorcycle Rental and use

License and Eligibility
The Rider must have a valid, unendorsed motorcycle driver’s license, specifically a South African Code “A” license or international equivalent. The Rider must be over 21 years old and comfortable operating the rented motorcycle. The Rider will need to provide African Endeavors with a copy of their license and ID

  1. Authorized Driver
    The Rider agrees to be the sole driver of the motorcycle during the rental period and will not allow others to operate it under any circumstances.
  2. Sobriety and Safety
    The Rider will not operate the motorcycle while under the influence of alcohol, drugs, or any other substances. Doing so may lead to legal consequences, motorcycle confiscation, and serious harm.
  3. Additional Drivers or Riders
    If there are multiple Riders or pillion passengers, all must sign the agreement and are bound by its terms.
  4. Private Use Only
    The motorcycle is rented for personal use only, and the Rider agrees not to sub-rent or use it for commercial or competitive activities without written consent from the provider.
  5. Fuel and Oil
    The motorcycle is provided with a full tank of fuel and appropriate oil levels. The Rider must return it with a full tank. A fuel fee will apply if the motorcycle is returned unrefueled. Oil checks and top-ups will also be charged if necessary. Only unleaded petrol may be used.
  6. Charges and Returns
    The Rider acknowledges and understands the terms of rental including charges for penalties, and agrees to return the motorcycle at the agreed time and location.
  7. Accident Recovery
    In the event of an accident or if the motorcycle cannot be returned due to an accident or malfunction caused by the Rider, recovery charges will apply. If the malfunction is not as a result of the Rider, then, no charges will apply.
  8. Puncture Charges
    If recovery is required due to a puncture, the Rider is responsible for the full cost.
  9. Late Returns
    Any rental extensions or late returns must be communicated immediately. If the motorcycle is not returned within 24 hours of the agreed time and date, the provider will contact the authorities for assistance in recovering the motorcycle.
  10. International Use
    The motorcycle may not be taken out of South Africa without prior written approval. Necessary documentation will be provided for border crossings.
  11. Road Restrictions
    Some motorcycles are not suited for off-road use, and the Rider agrees not to operate them on gravel or dirt roads. Helmets must be worn at all times, as required by law.
  12. Traffic Fines and Liabilities
    The Rider is responsible for all traffic fines incurred during the rental and must provide documentation for any fines. An administration fee will be charged for processing of fines. In instances where a fine is imposed due to camera operated  speed controls and the fine is issued once the Rider has completed the tour, the Rider shall remain liable for the fine. Should the Rider not pay the fine the Rider authorises African Endeavors to redirect the fine onto the Rider’s name and to provide the South African Metro Traffic police with his/her home address, copy of passport/ID and license.  
  13. Insurance and Liability
    The motorcycle is insured for normal use, but reckless operation, leaving it unlocked,  driving under the influence of alcohol or narcotics, or other violations will void insurance. The Rider will be responsible for all costs and liabilities in such cases. In addition, the motorcycle is insured only for the duration of the tour. Any damages that occur outside of these dates while the motorcycle is in the Rider’s possession shall be for the Rider’s account. 
  14. Indemnification
    The Rider/Client and any pillion passengers indemnify African Endeavors and its designated suppliers against any claims for property loss, injury, or damages arising from the use of the motorcycle, regardless of the cause.
  15. Excess and Claims
    In case of an insurance claim, the Rider will be responsible for the maximum excess amount, as detailed on the rental invoice, along with an administration fee.
  16. Rental at Own Risk
    The Rider rents the motorcycle at their own risk and agrees to indemnify African Endeavors and its suppliers for any damages or injuries incurred during the rental period.
  17. Booking Requirements
    Advance bookings require submission of identification and driver’s license documents. The Rider/Client must also sign and return the contract 
  18. Payment Authorization
    By providing credit card details, the Client authorizes African Endeavors to charge a 30% non-refundable deposit in the event of a motorcycle rental and the full rental amount, 60 days prior to the tour start date along with any additional fees that may arise.
  19. Force Majeure
    In the event of force majeure (natural disasters, strikes, pandemics, etc.) as per the definition described in this document, the affected party will inform the other party in writing and may cancel or postpone the rental agreement subject to:
    1. The event must not be due to the fault/negligence or breach of contract on the part of the FMI
    2. The event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and not simply difficult, burdensome or economically onerous to carry out.
    3. The FMI uses and has used due diligence and its best commercially reasonable attempts to overcome and/or remove and/or alleviate and/or mitigate the event
    4. The FMI should mitigate its own damages
    5. The FMI should take all reasonable steps to avoid non-performance
    6. The event should not be of a temporary nature. If however it can be determined that the event may endure for an unreasonably long period this will be regarded as permanent.   
    7. Any steps taken by any country’s government must be as a result of the event which meets any one of the above qualifying requirements.  
  20. Contract Breach or Dispute
    In case of a contract breach or dispute, the Rider/Client agrees to resolve the issue following the policies as described below.
  21. Right to Refuse Rental
    African Endeavors and its supplier/s reserve the right to refuse any rental if necessary for security or operational reasons.
  22. Client Responsibilities
    The Rider and any additional drivers or passengers agree to exercise caution, return the motorcycle in good condition, and adhere to the agreement’s terms.
  23. Damaged or Lost Items
    The Rider is responsible for any loss or damage to rented items such as helmets, gloves, jackets, and motorcycle accessories. Costs for replacing these items will be charged accordingly. (Pricing on request) 

Dispute Resolution
In case of a dispute regarding the service or motorcycle rental, both parties will attempt to resolve the issue amicably or through the prescribed dispute resolution procedures. Should it be reasonably determined that African Endeavors has been negligent in the performance of this contract the parties agree that African Endeavors will wherever possible attempt to accommodate the client at a later date on a similar itinerary or will refund the client any monies it has received from the client less any fees/monies paid to third party service providers. In the event of the Force Majeure clause being invoked, if any one or more of the qualifying requirements are not met, the FMI will have the option to agree a postponement with the FMR if at all possible. The FMI may also at its own discretion cancel the agreement and the applicable cancellation fees will apply. Should the parties agree that the qualifying requirements have been met, the parties agree that all attempt will be made to postpone the performance of the contract, failing which the FMR will use its best attempts to reimburse the FMI all monies received from it and paid to third party service providers from which it manages to recover less any reasonable management and service fees.

error: Content is protected !!
Scroll to Top