Kitesurfing Terms and Conditions
Kitesurfing Terms & Conditions
(a) These conditions apply to all Courses and Accommodation. These conditions govern your relationship with Constantly Kiting and set out details of Constantly Kitings obligations in relation to any Course or Accommodation which you book or is booked on your behalf. Please read these conditions carefully before making a booking.
(b) Please be aware that these terms include limitations on the liability of Constantly Kiting and its’ obligations. These conditions do not govern your rights.
2. Your Course Contract
(a) When a booking is made, the ‘cardholders name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of the party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by South African Law, and the jurisdiction of the South African Courts.
(b) On receipt by Constantly Kiting or the relevant Travel Agent of your completed booking form and deposit(s) we will reserve your course in respect of all persons on that course. It is important to check the details on the invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us or your travel agent immediately.
(c) If you want to cancel or change your booking later you may have to pay amendment or cancellation costs (which maybe found below) which may be as much as the whole Holiday cost.
(d) All brochure/website descriptions are made in good faith and every care is taken to ensure their accuracy. However, in view of the detail contained therein and the fact that brochures/websites are necessarily prepared/created some time in advance of distribution and of the courses; advertised facilities, amenities, entertainment and schedules may, on occasion, be restricted, curtailed, changed or cancelled. Therefore, changes may be made to the particulars you have seen at any time before the contract with you is made. In these circumstances, we will notify you of such changes prior to confirmation of your booking.
3. Booking your Course
(a) When you make your booking you must pay a non-refundable deposit of 50% of the total course price. The balance of the price of your travel arrangements must be paid at least 4 weeks before your departure date. If you book within 4 weeks of course you must pay the total price of the course at the time of booking. If the deposit and/or balance is not paid in time, we shall cancel your arrangements. If the balance is not paid in time we shall cancel your booking and retain your deposit. All monies you pay to the Agents are held by them on our behalf at all times. If you are paying using your credit/debit card directly through us, we will charge the balance of your holiday 4 weeks before your departure date automatically. If you do not wish for us to do this and wish to cancel your course/Accommodation, you must notify us beforehand.
(b) The price of your Course/Accommodation was calculated using exchange rates quoted on www.xe.com
(c) Constantly Kiting reserve the right to raise or lower its prices at any time before you book the Course/Accommodation . Prices may vary in subsequent editions of brochures/websites and you should ensure that you look at the most recent edition. Prices shown during the online booking process may vary from those shown elsewhere on the site. If, at the time of booking your Course/Accommodation the price has changed from that you have seen, you will be told the revised price applicable to the Course/Accommodation before you commit yourself. When you make a booking on our website you will be shown prices that relate to the Course/Accommodation being booked. We will make every effort to ensure that these prices are accurate. It is possible that these prices may be incorrect due to a technical fault or circumstances beyond our control. If this happens we will endeavour to contact you as soon as possible to advise you of the correct price. When you receive this information you will have the option to proceed with your booking with the corrected price or cancel at no charge.
4. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your Course/Accommodation arrangements in any way, for example your chosen Course/Accommodation date or activities, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be from the person who made the booking or your Agent. You will be asked to pay an administration charge per person and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the Course/Accommodation date that changes are made and you should contact us as soon as possible.
5. If You Cancel Your Course/Accommodation
You, or any member of your party, may cancel your Course/Accommodation arrangements at any time. Written notification by mail, email or fax from the ‘cardholders name’ on the booking or your Agent on your behalf, must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in below.
6.If We Change or Cancel Your Course/Accommodation
(a) It is unlikely that we will have to make any changes to your Course/Accommodation arrangements but we do plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your Agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your arrangements. For example, if the minimum number of clients required for a particular Course/Accommodation arrangement is not reached,or there are changes in weather, we may have to cancel it. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of an alternative date, if available. If it is necessary to cancel your travel arrangements, except where cancellation is due to non payment by you of your final balance, we will pay to you minimum compensation as set out below.
Outside 30 days – 90% refund
Within 30 days – 70% refund
Within 48 hours – no refund
Bad weather cancellation – 100% refund minus transfer amount
7. Compensation will not be payable and we will not otherwise be liable to you if we are forced to cancel, delay or curtail or in any way change your Course/Accommodation as a result of Force Majeure as detailed previously.
8. Gift Vouchers
- The gift voucher can only be used once.
- The gift voucher can only be used on new bookings
- There is NO REFUND or RESIDUAL value if the value of the booking is less than the value of the gift voucher
- There is NO REFUND on the gift voucher value if the booking is subsequently changed or cancelled.
- Gift vouchers expire 6 (Month) after the date of issue.
- Gift vouchers can not be exchanged for equipement pricing.
- Gift vouchers can only be redeemed at the Center with us or by Contacting us at the Center. ( Tel : +27 073 071 3878)
Course times are set and are normally based on the conditions of the day set. we will contact you or advise you well before the time of your course as to what time we will start. Failure to arrive on time can result in holding up others that are on the course with you and we will not be held liable for your late arrival. There are no refunds or alternaitive date options to those not appearing on time for there course.
10. If You Have A Complaint
If you experience any difficulties please contact our customer service team
11. Our Liability To You
Constantly Kiting, or its employees, servants and agents can/will not be held responsible for any accident, injury, illness, death, loss or delay from any cause whatsoever sustained or suffered by any person during matters related to accommodating, transporting and activities of any means whilst on Course with us.
12. Personal Injury
We do not accept any responsibility if you or anyone in your party suffer death, illness or injury. You join our courses at your own risk. We will however assist you and do our very best to help in anyway possible.
13. Data Protection
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us in respect of your arrangements, unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.
14. Disabled Clients
Due to the types of activities we will be partaking in, you agree that you are physically fit and capable of performing such activities.
15. Changes Beyond Our Control
Constantly Kiting will do it’s best to keep all course and tours running on the date said activity / tour is booked for. However if there are any changes beyond our control due to bad weather Constantly Kiting has the right to change the date of the tour / activity at anytime. If the client can not change to another date for whatever reason, they will receive a 90% refund. If the client changes the date of their tour / activity to a date where the price of that tour / activity has increased, the client must pay in the difference in price between the increased price and the original paid price to be confirmed.
16. Transaction Currency
We are a South African merchant and advertise prices in several currencies, ZAR being our base currency. If a customer pays using a non ZAR currency, the amount debited to the cardholder’s account will be as close to the advertised price as possible.