Booking Terms and Conditions

1. About these Booking Terms

These Booking Terms and Conditions ("Booking Terms") form a binding agreement between Everlasting Private Tours ("Everlasting", "we", "us") and the person who requests, confirms or pays for a booking ("you"). They apply to every tour, private guiding service, custom itinerary, transfer and related travel service we provide.

They are written in plain and understandable language, as required by section 22 of the Consumer Protection Act 68 of 2008 ("CPA"), and they apply together with our General Terms and Conditions, Website Terms and Conditions, Privacy Policy and, where relevant, our Indemnity Form. If a written quotation, invoice or confirmation states different conditions for a specific booking, those specific conditions apply to the affected part of that booking.

2. Booking requests and confirmation

Submitting a booking request, custom tour enquiry or contact form does not by itself create a confirmed booking. We may first need to check guide availability, transport, routes, supplier availability, opening times, weather, safety considerations and payment.

A booking is confirmed only when we send you written confirmation (by email, invoice, booking confirmation or another agreed written method) and any required deposit or payment has been received. Under the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), electronic messages and records are legally valid, and a booking concluded electronically is binding once confirmed.

3. Quotations and custom tours

Custom tours are quoted around your dates, group size, interests, pace, accommodation, transport and special requirements. A quotation is based on the information and prices available at the time and is valid only for the period stated on it.

Quoted prices may change before confirmation if the itinerary, dates, guest numbers, supplier prices, availability, exchange rates, entrance fees, permits or other costs change. We will explain any material change before asking you to proceed.

4. Prices, currency and payment

Prices are quoted in South African Rand (ZAR) unless clearly stated otherwise. Currency conversions shown on the website are for convenience only; the final amount charged depends on your bank, card issuer, payment provider and the exchange rate at the time of payment.

You are responsible for bank charges, payment gateway fees, currency conversion costs and transfer deductions, unless we agree otherwise in writing. Once confirmed, prices remain fixed for the confirmed services except where there is an obvious error, a change you request, a change in taxes or statutory fees, or a documented major supplier change outside our control.

5. Deposits and payment of the balance

What is payable, and when, depends on the kind of tour you are booking. Your quotation, invoice or confirmation states the terms that apply to your booking. Short experiences (24-hour flexible) — applies to catalog tours:

• Payment is made in full at the time of booking. A booking is only confirmed once payment succeeds.

Custom, private & multi-day (graduated) — applies to custom, private and multi-day tours:

• A 30% deposit confirms the booking.
• The balance is due 30 days before departure.
• A booking made within 30 days of departure is payable in full.
• Within 7 days of departure, full payment is due within 24 hours.
• A quote is valid for 7 calendar days.
• We send reminders 7, 3, 1 days before payment is due, with a 48-hour grace period afterwards.

Guided hikes (weather & safety led) — applies to catalog tours:

• Payment is made in full at the time of booking. A booking is only confirmed once payment succeeds.

If the balance is not paid by its due date we may, after reasonable notice where practical, pause arrangements, release supplier reservations or cancel the booking. Any refund in that case is calculated under section 12 (Cancellation by you, and refunds).

If a balance is not paid by its due date, we send reminders before the due date and allow a short grace period afterwards, as set out above. After that we mark the booking payment overdue and tell you that guide, vehicle, accommodation and supplier reservations held for you may be released. If payment is still outstanding after that notice, we may cancel the booking and apply the cancellation terms in section 12, calculated from the date we cancel. Reinstating a cancelled booking is always subject to availability and current prices at that time. We do not charge interest or a separate late-payment penalty on consumer bookings.

6. What is included and excluded

Your tour page, quotation, invoice or confirmation sets out the main inclusions and exclusions for your booking. Unless clearly stated as included, prices exclude meals, drinks, entrance and tasting fees, permits, optional activities, accommodation, flights, visas, travel insurance, gratuities, personal expenses and third-party supplier costs.

7. Your information and special requirements

Please give us accurate booking, guest, contact, pick-up and payment information, and tell us before confirmation (or as soon as reasonably possible) about anything that may affect the suitability or safety of the tour — including dietary requirements, allergies, mobility or accessibility needs, relevant medical conditions, pregnancy, fitness level and child-seat needs.

We handle personal information in line with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy. Health-related details are used only to plan responsibly and are shared only with people who reasonably need to know, such as your guide or an activity operator.

8. Children and minors

Children must be accompanied and supervised by a responsible adult throughout the tour unless we agree otherwise in writing. Please tell us children's ages and any child-seat, meal, route or safety needs before confirmation. Age limits and rules of individual attractions and suppliers may also apply, and any minimum age for a particular tour is stated on the tour page or in your quotation. Every guest under 18 must be accompanied by a responsible adult aged 18 or over, who supervises that minor throughout the tour and signs the Indemnity Form on their behalf. No guest under the age of 18 may consume or take part in tasting alcohol on any tour, including wine estate, cellar and distillery tastings. Our guides and our suppliers will refuse alcohol service where age cannot be confirmed, and may ask for identification. We may also decline to serve or continue an activity for any guest who appears intoxicated, where this is necessary for their safety or the safety of the group.

9. Pick-up times, late arrivals and no-shows

Please be ready at the agreed pick-up point at the agreed time. If you are running late, contact us as soon as possible — we will help where we reasonably can, but a late arrival may shorten the tour, require itinerary changes or cause missed supplier reservations at your cost.

How long we can hold the start, and the point at which a late arrival becomes a no-show, depends on the kind of tour: Short experiences (24-hour flexible) — applies to catalog tours:

• The tour starts at the advertised time. Please arrive 15 minutes early.
• We can hold the start for up to 15 minutes, but the tour still finishes at its original end time.
• A late guest may join the group at the next practical meeting point, at their own cost.
• After 30 minutes with no contact the booking is treated as a no-show and no refund applies.

Custom, private & multi-day (graduated) — applies to custom, private and multi-day tours:

• The tour starts at the advertised time. Please arrive 15 minutes early.
• We can hold the start for up to 30 minutes, but the tour still finishes at its original end time.
• Joining after the tour has departed is not possible.
• After 60 minutes with no contact the booking is treated as a no-show and no refund applies.

Guided hikes (weather & safety led) — applies to catalog tours:

• The tour starts at the advertised time. Please arrive 20 minutes early.
• We can hold the start for up to 20 minutes, but the tour still finishes at its original end time.
• Joining after the tour has departed is not possible.
• After 30 minutes with no contact the booking is treated as a no-show and no refund applies.

We will always try to reach you on the number given at booking before treating a booking as a no-show. Same-day cancellations and no-shows are generally not refundable.

10. Changes you request

We will try to accommodate reasonable changes to dates, routes, pick-up points, guest numbers or itineraries, subject to availability, season, supplier rules, safety and costs already incurred. Additional costs may apply, and some changes may no longer be possible once supplier bookings are confirmed. You can request a change from the Check My Booking page on our website or by contacting us in writing.

Small changes — pick-up time, meeting point, minor route preferences or guest names — can usually be made at no charge up to 48 hours before the tour. Changes that increase guide time, distance, entrance fees, meals or other supplier costs are charged at the additional cost involved, quoted to you in writing before we proceed. Once a supplier booking such as an activity, restaurant or accommodation has been confirmed on your behalf, the change and cancellation rules of that supplier also apply.

11. Changes and cancellation by us

We may need to adjust or, in serious cases, cancel a tour for reasons such as dangerous weather, safety concerns, road closures, supplier cancellations, guide illness, vehicle failure or legal restrictions. Where practical we will offer a fair alternative — a revised route or timing, a substitute guide or supplier, a new date, a credit, or a partial or full refund, depending on the circumstances and unrecoverable costs.

Minor route or timing adjustments do not entitle you to a refund if the tour is still delivered substantially as described. If we cancel for reasons within our reasonable control and you do not accept a reasonable alternative, we will refund what you paid for the affected services, less only third-party costs that genuinely cannot be recovered.

If we have to cancel because a guide or vehicle becomes unavailable and we cannot arrange a suitable replacement, we will first offer you a new date or a substitute of equal standard. If none of these suits you, you will receive a full refund of what you paid us for the affected services, less only third-party costs that genuinely cannot be recovered. We are not liable for separate travel costs such as flights or accommodation that you booked elsewhere, which is why we recommend comprehensive travel insurance.

12. Cancellation by you, and refunds

Please tell us in writing as soon as possible if you need to cancel. In line with section 17 of the CPA, we may charge a reasonable cancellation fee that reflects the notice given, work already done, reserved guide and vehicle capacity, supplier commitments and costs that cannot reasonably be recovered. The scale that applies depends on the kind of tour you booked. Unless your quotation or confirmation states otherwise:

Short experiences (24-hour flexible) — applies to catalog tours: 24 hours or more before: 100% refunded. Less than 24 hours before, or no-show: no refund. Custom, private & multi-day (graduated) — applies to custom, private and multi-day tours: 61 days or more before: 90% refunded. 31 to 60 days before: 70% refunded. 15 to 30 days before: 50% refunded. 8 to 14 days before: 25% refunded. Less than 8 days before, or no-show: no refund. The charge is the percentage shown or the actual non-recoverable supplier commitments, whichever is higher, and never more than the amount paid. Guided hikes (weather & safety led) — applies to catalog tours: 24 hours or more before: 100% refunded. Less than 24 hours before, or no-show: no refund.

Refunds are calculated on the amount actually paid, and we never retain more than that amount. Where a refund applies we may still deduct non-refundable supplier costs and payment processing fees that cannot be recovered.

No cancellation fee is charged where a booking is cancelled because of the death or hospitalisation of the person for whom the booking was made (section 17(5) of the CPA). In that case we refund all amounts paid, less only third-party costs that genuinely cannot be recovered.

Refunds are made to the original payment method in South African Rand. Where a booking was paid in a foreign currency or by card, the amount you receive may differ slightly from the amount you paid because of exchange-rate movement and payment-gateway fees, which are not refundable. Bank charges and payment-processing fees are deducted from refunds to the extent the Consumer Protection Act allows.

We initiate approved refunds within five business days of approval, to the original payment method where practical. The money then typically takes a further 3 to 10 working days to appear, depending on your bank, card scheme and payment provider.

13. Postponements

If you would prefer to postpone rather than cancel, we will do our best to move your booking to a new date within 12 months of the original date, subject to availability and to any supplier rules or costs already incurred. Where you ask well before the tour date, one postponement is normally offered without a change fee; later postponements, seasonal price differences, or non-refundable supplier costs may require a reasonable adjustment. Postponing is often possible even when a cancellation would attract a fee, so please ask us first.

Where no specific postponement terms are stated, we treat a requested postponement as a change under section 10 and will try to move your booking to a new date fairly, taking availability, supplier rules and costs already incurred into account. Postponing is often possible where an outright cancellation would attract a cancellation fee, so please ask us about it first.

14. Statutory cooling-off

Because tours, transfers and related transport, catering and leisure services are supplied on a specific date or within a specific period, the seven-day cooling-off right in section 44 of ECTA does not apply to these bookings (section 42(2) of ECTA). Your cancellation rights under these Booking Terms and under the CPA are not affected by this.

15. Weather, safety and operational judgement

Cape Town and Western Cape conditions can change quickly. Your guide may make reasonable decisions on the day — adjusting routes, timing or activities — to protect safety, comfort and the practical delivery of the tour. Outdoor viewpoints, hikes, boat trips, cableways, wildlife experiences and similar attractions may close or change availability at short notice; we will adapt the day fairly, but we cannot control third-party operating decisions. Short experiences (24-hour flexible) — applies to catalog tours:

• Tours operate in light rain, wind or cloud.
• If we decide conditions are unsafe or impractical, we offer a free reschedule, or a full refund if you cannot reschedule.
• If you decide not to attend while we have confirmed the tour is operating, the ordinary cancellation rules apply.
• If a supplier cancels, we offer a revised itinerary or reschedule first, then refund the supplier amount actually recovered plus any service we no longer deliver.

Custom, private & multi-day (graduated) — applies to custom, private and multi-day tours:

• Tours operate in light rain, wind or cloud.
• If we decide conditions are unsafe or impractical, we offer a free reschedule, or a full refund if you cannot reschedule.
• If you decide not to attend while we have confirmed the tour is operating, the ordinary cancellation rules apply.
• If a supplier cancels, we offer a revised itinerary or reschedule first, then refund the supplier amount actually recovered plus any service we no longer deliver.

Guided hikes (weather & safety led) — applies to catalog tours:

• Tours operate in light rain, wind or cloud.
• If we decide conditions are unsafe or impractical, we offer a free reschedule, or a full refund if you cannot reschedule.
• If you decide not to attend while we have confirmed the tour is operating, the ordinary cancellation rules apply.
• On safety-sensitive routes the guide makes the final weather and safety call, including once the tour has started.
• If a supplier cancels, we offer a revised itinerary or reschedule first, then refund the supplier amount actually recovered plus any service we no longer deliver.

16. Third-party suppliers

Some bookings include services from independent suppliers such as attractions, restaurants, wine estates, accommodation providers, transport operators and activity operators. Suppliers have their own terms, safety rules, age limits and cancellation policies. Our role differs depending on the part of your tour. We act as principal for the guiding, tour planning and transport that we provide ourselves, and we are responsible for delivering those services with reasonable skill and care. For attractions, activities, restaurants, wine estates, accommodation, permits and other services supplied by independent third parties, we act as your agent in arranging the booking, and the supplier is responsible for the service it delivers under its own terms. If you ask us who operates a particular component of your tour, we will tell you. We select suppliers with reasonable care, but where we act as agent we are not responsible for every act or omission of an independent supplier, and nothing in this section limits our responsibility for the parts of your tour we deliver ourselves. We will always try to assist you fairly if a supplier issue affects your booking.

17. Force majeure

We are not responsible for failure or delay caused by events beyond our reasonable control, including severe weather, natural disasters, fire, flood, civil unrest, strikes, government restrictions, disease outbreaks, power or network failures, transport disruption or supplier failure. In such cases we will offer a fair alternative, postponement, credit or refund, taking supplier conditions and unrecoverable costs into account.

18. Travel insurance

We strongly recommend comprehensive travel insurance covering cancellation, medical expenses, personal belongings and travel disruption — especially for international visitors, multi-day tours and bookings with significant supplier components.

19. Liability

IMPORTANT — PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY AND AFFECTS YOUR LEGAL RIGHTS.

Travel and touring involve inherent risks, including risks connected to roads and traffic, weather, terrain, ocean and mountain conditions, wildlife, and third-party premises and services. To the extent permitted by South African law, we are not liable for indirect or consequential losses, missed flights, loss of enjoyment, loss of or damage to personal belongings, or the acts or omissions of independent third parties and events beyond our reasonable control.

Nothing in these Booking Terms excludes or limits liability that cannot lawfully be excluded, including liability arising from gross negligence as contemplated in section 51 of the CPA, and nothing in these Booking Terms takes away rights you have as a consumer under the CPA.

20. Behaviour and refusal of service

We may refuse, suspend or end a service — without a refund where that is fair and lawful — if a guest is abusive, threatening, discriminatory, dangerously intoxicated, breaking the law, damaging property, harassing others or refusing reasonable safety instructions from the guide or a supplier.

21. Complaints

If something goes wrong during your tour, please tell your guide immediately so we can try to put it right on the day. Formal complaints should be emailed to [email protected] within 14 days of the tour where practical, with your booking reference, the tour date and the details of your concern. We will investigate fairly and respond within a reasonable time.

If you are not satisfied with our response, you may refer a consumer complaint to the Western Cape Office of the Consumer Protector or the National Consumer Commission, or pursue any other remedy available to you in law.

22. Acceptance, governing law and contact

By submitting a booking request, accepting a quotation, paying a deposit or full payment, ticking the booking terms checkbox or proceeding with a confirmed tour, you confirm that you have read, understood and accepted these Booking Terms for yourself and, where applicable, on behalf of the guests in your group.

These Booking Terms are governed by the laws of the Republic of South Africa. For questions about bookings, cancellations, refunds or changes, contact [email protected] or use the website contact form.