TERMS AND CONDITIONS
This agreement
contains the terms and conditions that apply to
an individual’s or
entity’s (hereinafter referred to as “I”
or “the client”) booking of Dawn
Patrol South Africa’s (hereinafter
referred to as “Dawn Patrol”) surf
tour:
1.
I, the client, confirm
that:
1.1.
I am fully aware of the inherent dangers
involved in surfing, including injury
caused by sea animals or wave action and agree to
partake in such
activities at my own risk;
1.2.
I consent to the risk of injury or damage
or loss (a) caused by or arising out of my
surfing activities on tour and (b) caused by or
arising out of being transported to and from
one place to another on tour and (c) on all
other outings whilst on tour;
1.3.
I irrevocably undertake not to claim
damages from Dawn Patrol and accept the
risk as my own for any injury, damage or loss I
might suffer whilst on tour caused by or
arising out of the negligence of the owner(s),
employees or persons contracted by Dawn Patrol to
carry out any act in connection with the tour,
whilst surfing, being transported, on an
outing or conducting any activity
whilst on tour.
2.
I, the client, accept that Dawn Patrol
shall not be liable to compensate me
for any injury or
damage or loss of any nature whatsoever directly
or indirectly caused
by or arising from any source and including, but
not limited
to:
2.1.
Any acts of God or unfortunate
accident;
2.2.
Damage to or failure of equipment,
machinery or transport;
2.3.
The inability of Dawn Patrol to comply with
any special request made by
me;
2.4.
Any failure by me to obtain travel
documents or vaccinations;
2.5.
Damage or loss arising out of my being
intoxicated or affected by
drugs;
2.6.
My failure to comply with any instruction,
tour information, or itinerary provided
by Dawn Patrol, its employees or agents, or
failure to arrive in proper time for any
transport provided for whatever reason.
3.
I, the client, agree that:
3.1.
To secure my booking on the tour, I am
required to complete the required
documentation in writing, to agree to the terms
and conditions, and to communicate such
booking in the prescribed form not less than
30 days before the date of commencement of the
tour;
3.2.
To secure my booking on the tour, I am
required to pay the prescribed tour fee
in advance in a form or manner acceptable to Dawn
Patrol in its discretion not less
than 30 days before the date of commencement
of the tour;
3.3.
Dawn Patrol reserves the right, in its own
discretion, to cancel my booking in the
event of my failure to comply with any of the
terms and conditions set out in this
agreement, which terms and conditions
are deemed to be material terms for this
purpose,
in which event the tour fee paid
will be refunded subject to the terms and
conditions contained in this agreement
and after deduction of any
damages suffered by Dawn
Patrol;
3.4.
Any notice of cancellation submitted by me
will only be of force and effect if done in
writing and communicated in a manner
acceptable to Dawn Patrol;
3.5.
In the event of my failure to arrive for
the tour booked by me, I agree to forfeit 40%
of the fee paid by me. The
remaining 60% will be refunded within 14 days
of the date of commencement of the
tour;
3.6.
If I cancel my booking by written notice
received less than 14 days before the
commencement of the tour, I will forfeit 30% of
the tour fee paid by me. The
remaining 70% of the tour fee paid by me will
be refunded within 14 days of the date of
receipt of notice of cancellation of my
booking.
3.7.
If I cancel my booking by written notice
received not less than 14 days before the
date of commencement of the tour, I will
forfeit 20% of the tour fee paid by
me.
The remaining 80% of the tour fee
paid by me will be refunded within 14 days of the
date of receipt of notice of cancellation
of my booking.
4.
I undertake to take out comprehensive
medical insurance to cover any medical
expenses incurred by me whilst on tour. I
shall supply proof acceptable to Dawn Patrol when
called upon to do so.
5.
No variation or amendment of the terms of
this agreement shall be binding on the
parties unless reduced to writing and signed by
both parties or their authorised
representative, or transmitted in writing
to me by Dawn Patrol.
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