Assumption of Risk, Declaration, Waiver and Indemnity & Terms and Conditions of Entry

In an ideal world you don’t need terms, booking- or cancellation conditions. You are booking a very special motorbike holiday with us and neither you, nor we, want any problems to occur. We will do our utmost to ensure your motorcycle holiday will be carefree. But if there happens to be a problem it is best to know where you and we stand. So always read any booking- and cancellation conditions carefully to avoid running into nasty surprises!

Assumption of Risk, Declaration, Waiver and Indemnity & Terms and Conditions of Entry

In consideration of WAVOLT Adventures (“WAVOLT”) accepting this entry form and permitting my participation in the adventure motorbike riding event (“the event”) organised by WAVOLT, which I acknowledge involves significant risk of physical harm, I agree as follows:

1. Assumption of Risk

1.1       I certify that I have been advised that and am aware that participation in the event involves significant risk of injury, trauma, harm and damage to me, other participants, spectators and other persons attending or in the vicinity of the event and with this knowledge I voluntarily participate in the event fully accepting all such risks if they arise which may result in personal injury, death and damage.

1.2       I am aware that the event will take place at a time and location that may make access to medical treatment and facilities difficult and that adventure motorbike riding is physically exerting and may result in injury, trauma, death or damage and that I may be exposed to natural elements such as storms and dangerous wildlife.

2. Representations and Warranties

I represent and warrant to WAVOLT that:

2.1       I am in sufficiently good physical condition to safely participate in and complete the event and have no disability, impairment or ailment that will prevent me from safely participating in the event or that will be detrimental to my or any other person’s health, safety or physical condition while participating in the event or while at or near the event.

2.2       I will be at least 18 years of age on date of participation.

2.3       The answers and information I have given in the registration form are all true and correct and that WAVOLT has relied on the answers and information in permitting me to participate in the event.

2.4       I understand that this document is binding on me and creates an enforceable legal relationship between me and WAVOLT.

3. Consent to treatment

3.1       I agree that if I suffer injury WAVOLT may at my expense arrange for me to receive medical treatment and emergency evacuation services as WAVOLT deem appropriate and I understand that any personal injury that I incur may be worsened or compounded by not only my actions but by the actions, omissions or negligence of others.

3.2       I agree that I am responsible for my own medical, ambulance and travel insurance as well as insurance for my personal belongings.  A travel insurance/ medical aid policy is mandatory for the full duration of the tour. This policy needs to include full coverage of motorbike riding with (if applicable) your pillion, any activities you plan to do. A good cancellation insurance is also advisable to avoid problems in case of a cancellation.

3.3       I further understand that it is my responsibility to be medically fit to participate.

4. Release and Discharge

I hereby unconditionally release and forever discharge from all liability WAVOLT and Its directors, members, officers, employees, volunteers, agents, contractors, sponsors and proprietors of any land on which the event or any part of it is conducted from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any personal injury, death, property damage or loss sustained by me as a result of my participation in the event and I hereby agree not to take legal action of any kind against WAVOLT in connection with the event or my participation in it.

5. Indemnity

5.1       I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless WAVOLT, its directors, officers, agents, marshals, contractors, helpers, sponsors, local authorities or their employees and proprietors of any land on which the event or any part of it is conducted from and against all liabilities, claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever that may be brought against WAVOLT as a result of or in connection with any act, omission, default, failure or error on the part of WAVOLT, including any negligent act, omission, default, failure or error occurring wholly or partly during the event.

5.2       I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless WAVOLT, its directors, officers, agents, marshals, contractors, helpers, sponsors, local authorities or their employees and proprietors of any land on which the event or any part of it is conducted as a result of, or arising out of, whether directly or indirectly, the participants arrival and departure there from, attendance at registration, prize-giving or other function thereof, any loss or damage to motorbikes or other equipment, however such loss or damage may arise regardless of whether or not the same shall have been caused directly or indirectly by the negligence, albeit gross, of one or more of all the aforementioned parties as set out.

5.3       I agree that WAVOLT will not be liable for and I waive any right to claim any loss or damage, personal injury, death, economic loss or consequential loss whether in tort, in contract, under statute or otherwise, for any default, failure, negligence or error on the part of WAVOLT.

5.4       I agree that WAVOLT’s liability under any statutory right or any condition or warranty implied or any relevant legislation which cannot be lawfully excluded is, to the full extent permitted by law, limited to payment by WAVOLT of the cost of having the event supplied again.

5.5       I accept that I take part entirely at my own risk.

 6. Terms and conditions of entry

6.1       I am duly aware of the risks and hazards inherent upon entering the event locations and participating in the event at these locations.

6.2       I voluntarily elect to enter the event locations and ride in the event. I enter the event at my own risk and responsibility and I have informed myself of the nature of this event and am aware that I will be exposed to risks that I am not normally exposed to.

6.3       I have read and I agree to the Terms & Conditions of entry to this event.

6.4       I confirm that I am an age of legal consent (that is 18 years or older in South Africa) and that I have read and understood this Assumption of Risk, Waiver of Liability Agreement and Terms & Conditions prior to signing it and agree that this agreement will be binding upon my heirs, next of kin, executors, administrators and successors.

6.5       Persons signing this form as a guardian of a minor hereby consent to such minor being bound by the aforementioned to the extent, if any, to which such minor is not capable of waiving his/her rights as stipulated above.

6.6       All riders and pillions will be required to individually sign indemnity forms.

6.7       I understand that my booking will only be held for 48 hours in which time I must provide WAVOLT with proof of payment of the applicable tour deposit. My booking will be confirmed by e-mail once proof of payment is received by WAVOLT. If proof of payment is not provided within 48 hours my booking will expire.

6.7.1     Full payment of tour fees are due as follows:

• Two & three day tours, full payment is due 8 days before the tour departure date.
• Four & five day tours, full payment is due 14 days before the tour departure date.
• Six plus day tours, full payment is due 30 days before the tour departure date.

If you book a tour after the final payment date/ tour closing date then you need to transfer the full amount when you make your booking

Note: if your payment is not in our bank account in time and in full at the final payment date, this constitutes a cancellation of your tour and the applicable cancellation fees will be applied.

6.7.2    All bank transfer fees are for your account. When you transfer money you have to indicate to your bank that you pay the transfer fees (most banks use the term ‘OUR’ for this). If you happen to forget this you need to refund WAVOLT these fees in cash upon arrival.

6.8      Tour dates and routes may change due to unforeseen circumstances (inclement weather, road closures, etc). We also reserve the right to make adjustments, if required, to routes as published for other practical reasons.

6.8.1   Force Majeure (‘Act of God’), so unforeseen circumstances including but not limited to war, illnesses, quarantine, weather, riots and other unforeseen reasons beyond the control of WAVOLT Adventures, may cause delays or alterations to the tour. All consequences of these are for you own account. WAVOLT Adventures shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these. For this too by booking you waive all rights to persecute us under South African or any other international law.

6.9       Tours may be cancelled and deposits will be refunded if we do not reach the required minimum number of participants. We will fully refund all payments made to us. However the bank transfer fees and any other costs you made will not be refunded (including costs made for vaccinations, travel documents, flight tickets etc.).

6.10     I understand that if I cancel the tour the following costs and fees apply:

6.10.1   Two and three day tours

• Between 14-10 days before departure 20% of your deposit
• 9 days before departure 50% of your deposit
• 8 days before departure 75% of your deposit.
• 7 days before departure or closing date of tour bookings full tour cost.

If you cancel your tour after the booking closure date you are liable for the full tour costs

6.10.2   Four and five day tours

• Between 30-20 days before departure 20% of tour deposit
• Between 19-15 days before departure 50% of tour deposit
• Between 14-11 days before departure 75% of tour deposit.
• Ten days before departure full tour cost.

If you cancel your tour after the booking closure date you are liable for the full tour costs

6.10.3   Six day plus tours

• Sixty days before the tour 20% of tour deposit
• Between 59-45 days before departure 50% of tour deposit
• Between 44-30 days before departure date 75% of tour deposit
• 29 days before departure full tour cost.

If you cancel your booing after the tour closure date you are liable for the full tour costs

 6.11      I understand that it is my sole responsibility to ensure that my driving licence passport, visas, health certificates, proof of vaccinations and any other required documentation are all in order for all countries visited during the tour. I am aware that I must be in possession of, a passport valid for a minimum of six months after the date of travel, and any visas and vaccination or other certificates required for the whole of the trip. I am aware that I shall bear any consequences of not adhering to these conditions, including any travel cancellation costs arising. I acknowledge that WAVOLT Adventures shall not be held accountable nor responsible for any consequences, damages or claims which result from not complying with this.

6.12       I understand that I am not allowed to carry any product or produce which is illegal in the countries visited. I must at all times comply with all directives from, and agreements with, the employees and representatives of WAVOLT Adventures. If I do not comply with these booking conditions I understand that I can at any time be excluded from the tour. WAVOLT Adventures shall not be liable for any costs and/or expenses resulting from my exclusion as aforesaid, and I shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances. In addition to this, WAVOLT Adventures will charge me for all extra costs which they need to incur as a direct or indirect result from this occurrence. All additional costs I need to make from this moment onwards to arrive at the destination and/or return back home will be for my own account.

6.12      Photographic and video material taken by WAVOLT at the event may be used for publicity in future.

6.13      I am aware that I will be exposed to risks that I am not normally exposed to which I am aware, I will not venture over virgin land, will at all times stay on the marked routes, will not race, take short cuts, or drive at high speed that put me or other persons in danger. I will further make sure that proper following distances are kept, adhere to all rules of the road, and will be sensitive to the environment and equipment.  However, even if I leave the marked routes in contravention of this undertaking, I understand that nonetheless I will still remain fully bound by all of the terms and conditions of this agreement.