LEGAL DISCLAIMER AND TERMS OF USE

Effective Date: [04/12/2025] Website: www.capetownadventures.co.za

1. Introduction

By accessing this website and/or participating in any activities, tours, or services organized by Cape Town Adventures (“the Company”), you agree to be bound by the following Disclaimer, Terms of Use, and Indemnity Agreement. If you do not agree with any part of these terms, you must not use this website or participate in our activities.

2. Website Content and “As Is” Basis

The information provided on capetownadventures.co.za is for general informational purposes only. While we strive to keep the information up to date and correct:

• No Warranties: The website and its contents are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of accuracy, completeness, reliability, or suitability for a particular purpose.

• Third-Party Links: This website may contain links to third-party websites. Cape Town Adventures has no control over the nature, content, and availability of those sites and accepts no responsibility for them.

3. Assumption of Risk (Adventure Activities)

You acknowledge that the activities offered by Cape Town Adventures (including but not limited to hiking, water sports, climbing, and transport) are inherently dangerous and involve significant risks, both known and unknown. These risks may include, but are not limited to:

• Physical injury, emotional distress, trauma, or death.

• Exposure to harsh weather conditions, rugged terrain, and wildlife.

• Equipment failure or malfunction.

• The unpredictability of ocean and river conditions.

By booking or participating in any activity, you voluntarily assume all such risks. You certify that you are physically fit and have not been advised to not participate by a qualified medical professional.

4. Limitation of Liability and Indemnity

To the fullest extent permitted by South African law:

• Cape Town Adventures, its directors, employees, guides, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, or consequential damages, injury, loss of life, or loss of property arising out of or in connection with your participation in any activity or use of this website.

• Indemnification: You agree to indemnify, defend, and hold harmless Cape Town Adventures from any and all claims, liabilities, damages, and costs (including legal fees) arising from your participation in our activities, your violation of these terms, or your violation of any third-party rights.

Note: In terms of the South African Consumer Protection Act (CPA), this exclusion of liability may not apply to instances of gross negligence by the Company. However, you accept liability for all other risks.

5. Medical Fitness and Safety

• It is the responsibility of the client to ensure they are medically fit to participate in the chosen activity.

• You must inform Cape Town Adventures of any pre-existing medical conditions, allergies, or dietary requirements prior to booking.

• The Company reserves the right to refuse service or cancel a tour for any individual who appears under the influence of alcohol or drugs, or whose behavior poses a safety risk to themselves or others.

6. Changes to Itineraries

Cape Town Adventures reserves the right to alter routes, itineraries, and accommodation without prior notice should circumstances (such as weather, road conditions, or safety concerns) demand it. We are not liable for any delays or modifications caused by “Force Majeure” events (e.g., natural disasters, strikes, civil unrest).

7. Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of South Africa (Western Cape Division).