By booking a tour with us, or renting an electric bike from us, you accept these Terms, Conditions Waivers, Disclaimers and Indemnities.
1. The risks and your responsibilities
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 E-Bikes. I am physically fit and healthy and have fully disclosed to CTeBT 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.
2. Helmut’s, Locks, Road and Safety Rules
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 CTeBT when I am using the E-Bike. 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 CTeBT. I always agree to use the E-Bike 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 E-Bike will affect the risks that I may be exposed to.
3. Right to refusal
I agree that CTeBT 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 E-Bike will not be impaired by either alcohol or drugs or any mind-altering substance. I agree that should CTeBT consider that I am not able to safely and responsibly ride the E-Bike, CTeBT is entitled to refuse to allow me to participate in the tour or do the rental. I also accept that CTeBT 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.
4. Medical Consent
I consent to any medical treatment to me while or after participating. I understand and agree that I must show CTeBT 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.
5. Identity Consent
I agree that CTeBT may retain a copy of my passport or driver’s license for that purpose.
6. Return and Exclusive Use
When I am renting an E-Bike, I agree to return the E-Bike 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 E-Bike and accessories to CTeBT. I will not lend or otherwise allow any other person to use the E-Bike and accessories – they are provided solely for use by me. I will protect and take all necessary steps to safeguard the E-Bike whilst in my possession. I accept full responsibility for any damages to and/or loss of the E-Bike and/or accessories during the rental period.
7. Marketing, promotions: Multimedia, Photo’s and Video’s
I also agree that CTeBT retains ownership of any photos or videos that it takes of me during my tour or rental. I consent to CTeBT using such photos and videos for any purpose, including without limitation any promotional or marketing activity (whether in print, online or otherwise) that CTeBT wishes to undertake.
8. Damage to or loss of E-Bike or any accessories
I accept full responsibility for the E-Bike 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 E-Bike, any of the accessories or other people’s property, during my guided tour or during the period of the rental of the E-Bike and accessories by me. In the event that the E-Bike or any of the accessories are lost or stolen, or where CTeBT 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 E-Bike 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.
9. Cancellations and late arrivals
I acknowledge that CTeBT cancellation policy in relation to my booking is as follows:
In addition, due to the nature of the tours and rentals and the environment they are conducted within, CTeBT 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 CTeBT, prevent operation. If cancelled by CTeBT for these reasons, you will have the option to reschedule or receive a full refund within 7 calendar days of the date of cancellation.
10. Credit card pre-authorization (Tours and Rentals)
I agree that CTeBT is entitled to take a pre-authorized amount of up to
R5000-00 per rider against my credit card. In the event that CTeBT determines that any loss or damage occurs for which I am liable under these terms and conditions, or if I return the E-Bike late, I authorize CTeBT to complete the pre-authorized credit card transaction in such amount as CteBT in its sole discretion deems reasonable, appropriate and market related (up to the pre-authorized amount). I agree that the amount so taken by CTeBT 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 CTeBT, any relevant Mountain Bike Club under which CTeBT may operate, Permit Issuing Body and/or Land-Owners where CTeBT 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 CTeBT for the guided tour or the rental of the E-Bike and accessories. I release, waive and indemnify CTeBT, 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 E-Bike 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 E-Bike and accessories from CTeBT. I hereby indemnify CTeBT, 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.
12. Governing law
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.
13. Tygerberg MTB club – General Indemnity
General Indemnity: I the undersigned fully understand that by accessing the Tygerberg Mountainbike trail network I acknowledge that I have read and bind myself and/or my dependents to the indemnity clause below:
By using any venue and/or property and/or facilities and/or trails of Tygerberg MTB Club, Hillcrest, D’Aria, Nitida, Contermanskloof, Meerendal, Hoogekraal and or any other land owners, the City of Cape Town, any individual or agent or any person or institution, I agree that I shall have no claim whatsoever against Tygerberg MTB Club, Hillcrest, D’Aria, Nitida, Contermanskloof, Meerendal, Hoogekraal, and or any other land owners, the City of Cape Town, any individual or agent or any person or institution of whatever nature, in respect of any injury, loss or damage of whatsoever nature which I may suffer as a result of, or arising out of, whether directly or indirectly, my using of this venue and/or property and/or facilities and/or trails, including my arrival thereat and departure thereof , however such loss or damage may arise and regardless of whether or not same shall have been caused directly or indirectly by negligence albeit gross, of one or more of all of the aforementioned parties. I also accept that the aforementioned parties shall accept no responsibility or liability for any injury, howsoever caused, to any person while on the premises or route or while utilizing the facilities thereon, as well as in respect of any loss or damage to property, howsoever caused, suffered by any person while on the premises or route or while utilizing the facilities thereof. The aforementioned conditions are applicable to members as well as non-members and or any other persons.