Booking Terms & Conditions
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BOOKINGS: TERMS AND CONDITIONS
CapeNature is a public institution mandated to promote and ensure biodiversity conservation within the Western Cape. We manage 42 protected Areas within the Western Cape and we adhere to the provisions of the National Environmental Management Act, 1998 (Act No 107 of 1998), Nature Conservation Ordinance No 19 of 1974 and the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003, hereafter referred to as the PAA) as well as the Regulations under the PAA.
The terms and conditions contained herein are deemed a consumer agreement in terms of the Consumer Protection Act, 2008 (Act No 68 of 2008), which finds application throughout this document, herein referred to as the CPA, and as such, the terms and conditions need not be signed in order to find application.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL BOOKINGS.
1. PAYMENT TERMS AND BOOKING CONDITIONS FOR WILD CARDS
1.1 CapeNature agrees to be accountable to Wild Card holders, as per the provisions of section 63(1) (b) of the CPA, which provides for pre-paid transactions.
1.2 All bookings made must be accompanied by a valid Wild Card membership if in possession of one.
1.3 Upon making the booking it is the sole responsibility of the member to provide a valid membership number to avoid being charged a Conservation Fee /Daily Conservation Fee.
1.4 If a valid Wild Card number is not presented at the time of the booking the client is liable for Conservation Fees unless a valid Wild Card number is provided before the final payment due date.
1.5 Once full payment has been made, clients are not allowed to query Conservation Fees as sufficient time was granted to provide a valid Wild Card membership number before the final payment date.
2 BOOKING CHANGES AND RESCHEDULING:
2.1 Any changes or rescheduling of confirmed bookings (e.g. date changes, number of persons, number of sites, etc.) that result in a potential decrease of the booking price needs to be requested at least 30 days before the booked arrival date. Any later request(s) will not be honoured.
2.2 Any changes or rescheduling of confirmed bookings that result in a price increase or do not affect the price, will be dealt with on a case-by-case basis pending availability and the impact on the Reserve. Any additional monies owed must be settled in full by due date stated on Provisional Booking.
2.3 Except where CapeNature has cancelled a booking, the following administrative fees are levied on the rescheduling (date changes) of confirmed bookings:
2.3.1 First and Second change: free
2.3.2 Third and other consecutive changes: R75 per rescheduling.
3. BOOKING FEES & CANCELLATIONS OF PROVISIONAL BOOKINGS
3.1 Right of admission is reserved.
3.2 All bookings are made on a first-come-first-served basis and no exceptions will be made
3.3 CapeNature accepts bookings up to one year in advance; with the ‘year’ ending at the end of the corresponding month (i.e. bookings can be made on 01 December for the period up to 31 December the following year).
3.4 CapeNature only confirms a booking on receipt of proof of full payment by the deadline date as specified on the provisional booking.
3.5 Bookings made within 48 hours of arrival date require Full payment on date of making Booking.
3.6 It remains the client’s responsibility to ensure that the proof of payment (i.e. deposit slip or internet bank confirmation) is received by the booking office BEFORE THE FINAL PAYMENT DUE DATE.
3.7 CapeNature Reserves the right to cancel the booking without prior notification if only partial payment is received, or should the proof of full payment not be received by the specified deadline date. Any money paid in by that date will be forfeited and be deemed a CapeNature donation.
4. CANCELLATION OF CONFIRMED BOOKINGS
All cancellation requests for confirmed bookings are subject to the following provisions and section 17(3) and (4) of the CPA:
4.1. Confirmed bookings cancelled 30 days or more in advance of the booked arrival date can be refunded in an amount equal to 75% of the total payment. CapeNature shall retain 25% of the full booking value.
4.2. Confirmed bookings cancelled between 30 and 15 days in advance of the scheduled arrival date can be refunded 50% of the total booking cost. CapeNature retains 50% of the full booking value.
4.3. Confirmed bookings cancelled 15 days or less of the booked arrival dates do not qualify for a refund or credit.
4.4. All confirmed bookings must be cancelled in writing.
5. REFUND PROCESS
5.1 Approval or decline of all requests for refunds will be communicated within in 3 working days of the client’s initial request.
Approved refunds will be fully processed within a period of approximately 2 weeks from Approval.
5.2 Any refund requests as a result of illness or other exceptional circumstances will be dealt with on a case-by-case basis and need to be addressed in writing to CapeNature’s Call Centre Manager for consideration. The Applicant shall provide CapeNature with supporting documentation on which the request for refund was based.
5.3. CapeNature shall refund the Applicant the full amount paid where a confirmed booking is cancelled due to either the death or hospitalization of the person for whom the booking was made, in compliance with the provisions of section 17(5) of the CPA. Where such person has died or is/has been hospitalized; the Applicant shall provide CapeNature with proof thereof.
5.4. Bookings cannot be rescheduled or refunded should guests choose to leave earlier or arrive later than expected due to illness, emergencies, change of plans, late arrivals, etc.
6. CLOSURE OF FACILITIES BY CAPENATURE
6.1. Should CapeNature cancel a confirmed booking for any reason then the guest has the option to change the booking to another CapeNature Reserve (pending availability) or receive a full refund.
6.2. CapeNature will not contend with any rescheduling or cancellation requests as a result of unpleasant weather conditions – this is out of our control. Should we be advised by our Nature Reserve staff that conditions are unsafe for visitors, then and in such event we will contact the affected clients and offer an alternative arrangement.
7. EXEMPTION FROM LIABILITY
Attention is drawn to section 49(1) (c) and (d) and section 22 of the CPA, which provides that any notice indemnifying a supplier must be drawn to the attention of the consumer in a plain and understandable language. Neither CapeNature nor the property owners will accept any accountability or liability in any of the following instances:
Any death, injury or illness sustained or suffered by any person. For theft, loss or damage to any property, whether allegedly due to the negligence of CapeNature, its officers, employees or agents, or arising from the use of any facilities supplied or made available by any of them. CapeNature does not accept any responsibility for clothing or any items left behind at our facilities. Any alleged defect in any utensil, equipment, services, vessel or vehicle. From any other conveyance supplied or made available, or from any liquid or food supplied by CapeNature and used or consumed by any visitor. From any other matter arising, in any other manner and from any other cause whatsoever.
8. SPECIFIC COMPLIANCE WITH THE PROVISIONS OF THE PAA
- In terms of section 46(1), no person shall be permitted access to any Nature Reserve without the written permission of CapeNature, as the management authority of that Nature Reserve.
- The provisions of section 46 (2) (d) shall not find application to the holders of Wild Cards, who are specifically excluded from it.
- CapeNature may, in accordance with section 52 of the PAA, make rules for the proper administration of its reserves, which rules shall be consistent with the provisions of the PAA and bind all persons entering CapeNature’s facilities.
- CapeNature, as management authority must adhere to the provisions of the Regulations for the proper administration of Nature Reserves, as published in Regulation Gazette No 35021 on 8 February 2012. In an effort of cooperation, any visitor to a Nature Reserve agrees to abide by the provisions of the Regulations.
- As management authority, CapeNature may, among other things:
- Allow visitor’s access to a Nature Reserve at times established by the management authority and take reasonable steps to ensure the safety and security of visitors to its Nature Reserves.
- Will only enter and exit the Nature Reserve at times agreed upon by the management authority, and report to the reception office upon arrival of and before departure from the reserve.
- No person may stay overnight at a Nature Reserve unless accommodation has been reserved or made available for that person or at any other place other than a place designated by the management authority.
- Shall have, in his or her possession, written authorization of entry, if so required, and shall also provide such authorization on his or her vehicle for the duration of his or her stay at the reserve.
- A person may not enter a Nature Reserve or travel in a nature reserve in a vehicle that does not conform to the requirements determined by the management authority.
- Swimming, diving, bathing and other water activities will only be permitted in designated areas. In the absence of any notices, no swimming, diving, bathing and other water activities will be permitted in any nature reserve.
- Visitors acknowledge its lawful obligation to adhere to the rules of the Nature Reserves it visits, whether such rules are based on policy of the management authority or whether it is enabled through legislative provisions applicable to the management authority.
9. BREAKING OF THE RESERVE’S RULES
CapeNature reserves the right to deny access or to evict guests who do not adhere to the rules and regulations of CapeNature and/or its Reserves. Money paid for these bookings will be forfeited.
These rules include, but are not limited to the following:
9.1 Visitors are to have their booking confirmation with them upon entrance to the Reserve.
9.2 No pets allowed on the Reserves, the only exception will be guide dogs for the blind.
9.3 No collection of bait, removing, damaging or disturbing of fauna or flora.
9.4 Rowdy or unwanted behaviour.
9.5 Exceeding the number of persons booked.
9.6 Children under the age of eight may not participate in the Whale Trail. The Whale Trail is always sold as a package for groups of either six or twelve persons.
9.7 The arrival time for all camping and accommodation facilities is 14h00 and the Departure time is 10h00.
9.8 All CapeNature tariffs are subject to change without notification.
9.9 The minimum age for a child unaccompanied by a parent, legal guardian or any adult appointed to supervise is 16 (sixteen years) years old. No child under the age of sixteen years may access a CapeNature Reserve unaccompanied. If this ruling is not adhered to, the underage person(s) will unfortunately have to be turned away on arrival.
10. The following Terms and Conditions apply to all bookings made on request of Registered Tour Operators
All cancelation requests for confirmed bookings made by Tour Operators are subject to the following:
10.1 Full payment must be received latest 30 days after making the booking. Failure to settle the payment within 30 days will result in cancelation of the booking and monies paid will be forfeited. CapeNature accepts payment via credit card, EFT and direct deposit only. Kindly forward us the deposit slip when paying via EFT or direct deposit.
10.2 Conservation fees are charged for all customers – drivers and guides are exempt from the conservation fees. Any Wild Card information must be submitted at the time of making the booking to avoid paying the conservation fees.
10.3 Confirmed bookings may be cancelled up to 30 days in advance of the booked arrival date. Cancellation penalties will not be incurred provided the Tour Operator keeps the money on credit with CapeNature and uses the credit for another booking within 6 months.
10.4 Confirmed bookings cancelled between 30 and 15 days in advance of the scheduled arrival date can be refunded less 50% of the total booking cost. CapeNature retains 50% of the full booking value. No credits will be granted for cancellations within 30 days of the booked arrival date.
10.5 Confirmed bookings cancelled 15 days or less of the booked arrival dates do not qualify for a refund or a credit. All monies paid to CapeNature will be allocated as a donation.
10.6. Bookings cannot be rescheduled or refunded should guests or the Tour Operator make the decision to leave earlier or arrive later than expected due to illness, emergencies, change of plans etc.
10.7 Should CapeNature cancel a confirmed booking for any reason, the Tour Operator has the option to either reschedule to a different date or apply for a full refund.