By booking a tour with us, or renting an electric bike from us, you accept these Terms, Conditions Waivers, Disclaimers and Indemnities.
I (the undersigned) accept that cycling and associated activities have inherent risks and can be dangerous. I understand that these risks can include (but are not limited to): riding in traffic, navigational difficulties, poor weather, uneven or potentially slippery roads and trail surfaces, collisions (with other vehicles, pedestrians and/or other objects), physical strain from lifting or otherwise handling the eBikes. I am physically fit and healthy and have fully disclosed to EL in my booking all my injuries and medical conditions that might affect my ability to safely ride an electric bike, including (but not limited to): heart conditions; epilepsy; pregnancy; bone disorders/dislocations; asthma; panic/anxiety attacks; recent sprains/muscular injuries; back injuries; disabilities/physical impairment. I also accept all risks associated with my booking and/or rental. I accept full responsibility for my own safety, health and wellbeing as well as the safety, health and wellbeing of all minor children on whose behalf I agree to these terms and conditions. All the terms and conditions applicable to me will also apply to all minor’s under my care and control.
I understand that the Laws of the Republic of South Africa always requires the use of bicycle helmets and I agree to wear the cycle helmet provided to me by EL when I am using the eBike. I will always also use the provided bike lock to secure the bike when I am not riding it. I agree to abide by all the applicable road rules and to comply with all instructions given to me by any representatives of EL. I always agree to use the eBike and accessories provided for my guided tour or rented by me in a lawful and safe manner whilst they are in my possession and I understand that my behaviour whilst using the eBike will affect the risks that I may be exposed to.
I agree that EL has no control over these risks as above stated. I will ensure that during my tour or the period of my rental, my ability to safely and responsibly ride the eBike will not be impaired by either alcohol or drugs or any mind-altering substance. I agree that should EL consider that I am not able to safely and responsibly ride the eBike, EL is entitled to refuse to allow me to participate in the tour or do the rental. I also accept that EL may delay or stop me participating without any reason or compensation if they (in their sole and absolute discretion) consider me to be a threat to cause damages to myself, the environment, any equipment and/or others. I will, however, remain liable for my own safety and well-being at all relevant times.
I consent to any medical treatment to me while or after participating. I understand and agree that I must show EL my passport or a valid driver’s license before starting any rental – to confirm my identity. I also confirm that I have adequate medical and/or insurance coverage to pay for any medical treatment in the case of injury and/or emergency. I accept full liability for all medical and/or emergency costs.
I agree that EL may retain a copy of my passport or driver’s license for that purpose.
When I am renting an eBike, I agree to return the eBike promptly by no later than the expiry of the agreed rental period. I agree that my failure to do so will result in an additional charge of R500-00 for every hour (or part thereof) that passes after the expiry of the selected rental period and prior to the return of the eBike and accessories to EL. I will not lend or otherwise allow any other person to use the eBike and accessories – they are provided solely for use by me. I will protect and take all necessary steps to safeguard the eBike whilst in my possession. I accept full responsibility for any damages to and/or loss of the eBike and/or accessories during the rental period.
I also agree that EL retains ownership of any photos or videos that it takes of me during my tour or rental. I consent to EL using such photos and videos for any purpose, including without limitation any promotional or marketing activity (whether in print, online or otherwise) that EL wishes to undertake.
I accept full responsibility for the eBike and all accessories provided to me for my guided tour or rented to me. Except for fair wear and tear, I agree to pay all costs in the event of any damage to the eBike, any of the accessories or other people’s property, during my guided tour or during the period of the rental of the eBike and accessories by me. In the event that the eBike or any of the accessories are lost or stolen, or where EL deems that repairs are not practicable or that the cost of the repairs are likely to be more than the cost of replacement, I agree to pay the full cost of replacing the eBike and accessories, including (but not limited to) all shipping and associated costs. I understand, agree and consent that at the time of booking or rental my bank or credit card details will be kept and be charged in the event of any of the above circumstances.
I acknowledge that EL cancellation policy in relation to my booking is as follows:
EL offers a 100% refund if you cancel at least 48 hours before the time the tour or rental is scheduled to start. If you cancel within 48 hours of scheduled departure time, no refund is possible. Cancellation should be by email to info@plettbike.co.za or please call or text on +27 79 383 5578. Tours and rental sessions start promptly, at the scheduled departure or collection time. As such, we recommend that you arrive 10-15 minutes early, so you have time to fill out your waiver forms and be fitted for your eBike. Unfortunately, out of courtesy to our other guests, we can’t delay the departure of our tours if you are running late. If you are late (or think you might be), please call +27 79 383 5578. We might be able to reschedule you on a later tour or on a later rental session, but that will be subject to availability. No refunds are available if you miss your tour or rental due to being late for any reason.
In addition, due to the nature of the tours and rentals and the environment they are conducted within, EL reserves the right to at times make decisions to cancel or postpone any tours or rentals based on availability of routes, weather, genuine safety concerns or any other events or circumstances that, in the sole opinion of EL, prevent operation. If cancelled by EL for these reasons, you will have the option to reschedule or receive a full refund within 7 calendar days of the date of cancellation.
I agree that EL is entitled to take a pre-authorized amount of up to R5000-00 per rider against my credit card. In the event that EL determines that any loss or damage occurs for which I am liable under these terms and conditions, or if I return the eBike late, I authorize EL to complete the pre-authorized credit card transaction in such amount as EL in its sole discretion deems reasonable, appropriate and market related (up to the pre-authorized amount). I agree that the amount so taken by EL will satisfy the corresponding amount of my liability under these terms and conditions but will not limit any other liability I may have under these terms and conditions.
To the maximum extent permitted by law, the liability (whether in contract, tort, under statute or otherwise) of EL, any relevant Mountain Bike Club under which EL may operate, Permit Issuing Body and/or Land-Owners where EL may operate (including its directors, owners, staff, volunteers or associates) shall be limited to an aggregate amount equal to the amount of the fees paid by me, or on my behalf, to EL for the guided tour or the rental of the eBike and accessories. I release, waive and indemnify EL, any associated Mountain Biking Club, Permit Issuing Body or Mountain Bike Trail Land Owner (including its directors, owners, staff, volunteers or associates) from and against all claims, losses, damages or expenses (including without limitation legal costs) resulting from my participation in a guided tour or my rental of the eBike and accessories. I agree to assume all responsibility for any personal injury, loss, damage to property, disruption to travel plans or direct or indirect or consequential loss or damage of any kind (including, without limitation, financial loss or loss of profit) arising because of or in connection with my participation in a guided tour with, or my rental of the eBike and accessories from EL. I hereby indemnify EL, its associates, operators, staff and/or owners in the widest possible sense and waive any or all my claims as a result of my participation in the activities offered by them. I participate freely and voluntarily accept all risks associated with my rental and related activities.
The law governing these terms and conditions is the law of the Republic of South Africa. The courts of the Republic of South Africa shall have exclusive jurisdiction in respect of any dispute between the parties.
Plett Bike Tours and Experiences
11 Main St.
Plettenberg Bay.
7550
Contact at Plett Bike Tours
Last Edited on 2022-08