Terms & Conditions
Cape Explorer Tours and Travel (Pty) Ltd, t/a The Cape Explorer is a Cape Town (South Africa) based boutique-style touring company. We offer a dedicated focus on personalised, custom-designed and special interest tours and experiences covering South Africa’s much-acclaimed Western Cape region.
At The Cape Explorer, it’s all about you – the traveller – and your interests, preferences and requirements. With us, custom-designed tours mean just that – each tour is unique and each day spent with us is different.
Our guests will not only experience the most beautiful city in the world from a variety of angles, they will also enjoy an exclusive in-depth experience, be inspired by the region’s breath-taking natural beauty and explore incredible natural and cultural diversity.
At The Cape Explorer, we strive to exceed expectations always by offering you the most unforgettable experiences combined with the utmost professionalism and personal service. We pride ourselves on the special attention we put into every detail of our tours to allow you to simply sit back, relax and enjoy every moment of your Cape experience.
All our tours are available in either English or German, and are available as full-day or half-day itineraries. WiFi is also available in our vehicle(s).
In addition, we offer extended full-service attention and assistance for longer-stay visitors to ensure your all your needs are taken care of during your stay.
The Cape Explorer herein refers to Cape Explorer Tours and Travel (PTY) Ltd. The Client herein refers to the person who signs the quotation/documents or agreement.
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether the Conditions have been changed. If you
do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
The Company reserves the right to use any photographs and videos taken during tours for use in marketing or any other advertising material and the client hereby gives consent of such photographs to be used and for the company to retain copyright over such photographs to be used and for the Company to retain copyright over such material.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Private Transfers, Multi Day & Day Tours
The Cape Explorer guarantees all reservations for the above services provided that they are requested and confirmed seventy-two (72) hours prior to departure.
The Cape Explorer shall make every effort to ensure that the various services comprising your tour will be carried out efficiently and as specified. The company does not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, injury, additional cost, accident, delay or irregularity that may be occasioned by any error or default. In such event The Cape Explorer will use its best endeavors to procure another person to supply the agreed services.
- In the event of there being an unscheduled extension to the trip caused by flight delays, bad weather, strikes or any other cause which is beyond the control of The Cape Explorer, it is understood that the expenses relating to these unscheduled extensions, will be for the account of the client.
- The Cape Explorer shall not be liable for any loss or expenses arising from the loss of property, cancellation or curtailment of any tour however caused. If sickness or accident interrupts a tour, The Cape Explorer shall not be liable for any cost or expense arising there from. The Cape Explorer shall not be liable for any refund, either partial or total, of passage money paid except for refunds being owed from any of the earlier paragraphs.
- Clients are strongly advised to take out adequate insurance against all possible risks including medical, personal injury, death, baggage loss, theft and cancellation or curtailment of tour. All tours are booked and all tour arrangements are made on the express condition that The Cape Explorer shall not be responsible for, and shall be exempt from, all liability in respect of any loss, damage, accident, delay or inconvenience to any person, or his or her luggage, or other property, wherever, whenever and howsoever the same may occur.
- For certain adventure activities, clients will be required to sign an indemnity form, in respect of release of liability for damage or loss to personal belongings, personal injury, and third party injury by client or visitor. This is a matter between the supplier, hotel or lodge and the client. The Cape Explorer shall not be responsible for, and shall be exempt from all liability in respect of any loss, damage, accident, delay or inconvenience to any person, or his or her luggage, or other property, wherever, whenever and howsoever the same may occur.
- The Cape Explorer reserves the right to alter routes and itineraries for any reason but will inform and consult with clients of such changes prior to departure.
- The law of South Africa shall govern the relationship between The Cape Explorer and the client and the Courts of South Africa shall have sole jurisdiction in respect of any claims and/or disputes, which may arise between The Cape Explorer and the client, or Agent.
We strongly advise passengers to take out insurance at the time of booking, covering cancellation, accidents, medical expenses (incl. hospital expenses), loss of baggage and curtailment. Passengers are responsible for their own insurance and The Cape Explorer will not be liable in the event of a passenger failing to take adequate insurance cover.
Passports, Visas and Travel Documents
The onus rests on the passenger to ensure that all their travel documents are in order. The Cape Explorer will not be held liable for any loss as a result of errors.
Please note that anyone travelling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left and a right hand page). Passengers travelling to Southern Africa with passports which do not comply with these requirements, will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa. In addition, a parent travelling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police.
Transportation is normally conducted in a BMW X5, a Volkswagen Kombi Minibus or similar. The Cape Explorer reserves the right to make use of other suitable vehicles, depending on the number of participating clients and/or other requirements.
It is the responsibility of the client to provide The Cape Explorer, in advance, with detailed flight information. This includes for arrival transfers: date of arrival, airline name and flight number, arrival time, and country of origin. For departures this would include: date of travel, airline name and flight number, departure time, destination. If a passenger fails to join a tour, or joins it after departure, or leaves the tour prior to completion of said tour, no refund or rebate will be made.
Smoking is not permitted on any type of transportation. Regular stops are being arranged en route.
Liability and exclusions
All drivers are licensed in terms of local legislation.
All vehicles are safe and comply with the necessary safety regulations.
The Cape Explorer takes every precaution to ensure the safety of its Clients, and therefore the Clients undertake all tours at their own risk.
- The Cape Explorer accepts no responsibility for any death, injury or loss, which might occur.
- The Cape Explorer accepts no responsibility for any loss or damage to luggage or personal property from whatsoever causes arising.
All Clients are advised to make sure that they bring any special or personal medication with them.
The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that they are medically fit to embark on the tour. We suggest that you contact your local GP for health information on the visiting country.
The Cape Explorer, in making arrangements for transportation and any other service, acts as agent only and is not liable as a principle. The Cape Explorer does not own, manage, control or operate any hotel or restaurant or any other supplier service.
The Client acknowledges and agrees that:
- The Tourist Guide / Tour Leader’s decision shall be final and binding at all times.
- He/she will comply with the laws, customs and foreign exchange regulations of South Africa.
- He/she will not become a nuisance to the group or the Tour Leader, and if this occurs, the client shall be requested by The Cape Explorer to leave the tour and without any refund and shall be obliged to make his/her own way home at his/her own expense.
- A deposit of 30 % of the total cost of arrangements is required within 72 hours of the booking confirmation.
- Quotes that are accepted (which includes acceptance of these terms and conditions) must be signed and then e-mailed back to the sender. No quotations will be confirmed, unless confirmation thereof is received in writing.
- All reservations must be prepaid. Final payment is due at least 7 days prior to departure. This may vary in the case of certain other arrangements.
- In making payment you confirm that you have read and accepted these Terms & Conditions.
- Failure to remit final payment on due date will result in cancellation of reservations, forfeiture of the deposit and may attract cancellation costs.
- Any extras not quoted for will be for the client’s own account upon signed approval by the client.
- An amendment fee of R300 will be charged for each amendment made to confirmed reservations, in addition to any cancellation charges, which may be applicable.
- In the event of cancellation, which must be received in writing, charges will be determined at the time of cancellation. The date of cancellation will be the date on which we receive your notification of your wish to do so.
- The following indicates the maximum charges that can be imposed you will forfeit your deposit plus an additional amount as follows:
- More than 7 days prior to departure: Full refund, less a R 500.00 processing fee
- Within 7 to 3 days of departure: 50 % of the total tour costs
- Within 2 days of departure: 100 % of the total tour cost
- If the booking is confirmed within 7 days prior to departure date, and cancelled, you will be liable for 100% of the full tour price due to cancellation.
- If the tour includes 3rd party products (eg.accommodation or other services), the cancellation policy might differ from the standard due to possible different policies being applied by the accommodation/service provider
- Amendments and all cancellations en route must be made with The Cape Explorer directly. Please note that en route cancellations and amendments may incur additional fees as determined by The Cape Explorer. Any such amounts due as a result of such amendments or cancellations are payable at the time they occur directly to The Cape Explorer.
- No refunds will be given for no-shows, or any unused services irrespective of whether they form part of the basic tour price, or whether they are in respect of pre-booked optional arrangements.
- Any passenger joining a tour after the departure date, or not at all, or leaving before the completion of the tour for any reason whatsoever, is not entitled to any refunds whatsoever from The Cape Explorer, or entitled to claim any costs for any added expenses.
- The Cape Explorer reserves the right to cancel any tour at its sole and absolute discretion, without prior notification in instances where this is unavoidable. However, in this instance The Cape Explorer agrees to refund all monies already paid by the client. This shall be The Cape Explorer’s sole responsibility to the client and no claim for any damages, howsoever arising, shall be accrued against the company.
Refund applications may be considered only under the following conditions:
- Refunds are processed in accordance with our cancellations policy
- Cancellation or amendment of any 3rd party products (hotel accommodation/services) after departure can only be made directly with The Cape Explorer.
- Proof of cancellation can be substantiated: i.e. date, time, and name and cancellation number.
- Claims are received in writing no later than 30 days following completion of services reserved and original vouchers are returned to The Cape Explorer.
- Notwithstanding the above, no refunds on unused attraction entrances or itinerary components will be considered.
- Various 3rd party service providers may impose special terms and conditions regarding deposits, payments, cancellation fees and/or refunds from time to time. All reservations would be subject to these additional conditions.
- All rates quoted are subject to change without prior notice due to currency adjustments, increases in Government levy’s and charges, sales tax or VAT and any other unforeseen operator increases, until such time as full payment has been received and final documentation has been issued.
- It is an express condition that in any event, at the time of final payment, The Cape Explorer shall not be bound to accept payment if the actual costs vary from our Quotation/Confirmation.
- The client is responsible for all bank charges relating to payments
- Payment by international Electronic Funds Transfer (EFT) will incur an additional 3.0% of the quoted price to cover bank charges.
Disclosure of outlet country at time of payment
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR).
The Cape Explorer endeavours to offer you competitive prices
on current products.
The Cape Explorer reserves the right to change pricing at any time without prior notice.
We accept payment via PayPal. If you do not have a credit card please utilise one of the other payment options.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Use the unique booking number in the reference line for your payment. This should ensure speedy processing and final confirmation of your products booked.
Bank: First National Bank (FNB)
Branch Code: 250655
Account Name: Cape Explorer Tours and Travel (Pty) Ltd.
Account No.: 62663309724
Account Type: Cheque
SWIFT Code: FIRNZAJJ
You may pay for your bookings through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please email through your deposit slip to us on firstname.lastname@example.org to ensure your payment is processed in our systems and your booking is confirmed as soon as possible.
Bank: First National Bank (FNB)
Branch Code: 250655
Account Name: Cape Explorer Tours and Travel (Pty) Ltd.
Account No.: 62663309724
Account Type: Cheque
SWIFT Code: FIRNZAJJ
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to The Cape Explorer and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by The Cape Explorer for any civil action or any legal action deemed necessary against me.
On acceptance of a quote and payment it will be considered that the client has agreed to the terms and conditions as stipulated herein.
Cape Explorer Tours and Travel (Pty) Ltd.
Reg. 2016 / 534864 / 07
Camps Bay 8040
145 Main Road
Green Point 8005
Phone numbers: Landline +27 (0)21 286 1601 – Mobile +27 (0)82 460 5041