Conditions of Contract
The stipulations as laid out in the Conditions of Contract forms part of the Terms and Conditions for entering KAEM 2017. By accepting the Terms and Conditions of this entry, you agree that you are familiar with the contents hereof.
PASSPORTS, VISAS, VACCINATIONS AND INOCULATIONS
- In traveling from abroad, make sure that your passport is valid for international travel and that it is valid for at least six (6) months AFTER you leave South Africa.
- The responsibility for the provision of current and valid passports, visas, vaccinations and inoculations, where required, is that of the participant alone and Augrabies Extreme Marathon cc shall not be responsible or liable for any consequence of any nature arising from the entrant failing to ensure that he or she has complied with all such requirements.
INSURANCE AND MEDICAL INSURANCE
- It is strongly advised that adequate insurance cover is taken in the event of cancellation prior to departure due to illness, accident or injury.
- It is compulsory to have medical travel insurance or medical aid which covers the event for the duration of the event.
- In most circumstances Mediclinic Upington does not accept Medical Travel Insurance Policies or certain South African Medical Aid as payment. Should you need hospitalisation, you will be required to pay for your hospitalisation and claim this amount directly from your Medical Travel Insurance Policy or Medical Aid on your return home. A valid credit card will be required to admit you to the hospital.
- Augrabies Extreme Marathon cc is not liable for ANY hospitalisation costs on your behalf.
- Augrabies Extreme Marathon cc is responsible for arranging and providing the services listed in the event itinerary.
- Any tours that are booked and all tour arrangements that are made on the express conditions that Augrabies Extreme Marathon cc, their servants and agents shall not be responsible for, and shall be exempt from, all liability in respect of any loss, damage, accident, delay or inconvenience to any person, or his or her luggage, or other property, wherever, whenever and howsoever the same may occur.
- AUGRABIES EXTREME MARATHON cc, THEIR SERVANTS AND AGENTS SHALL FURTHER NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER.
- South African Airways and other IATA carriers are not to be held responsible for any act of omission or event during the time passengers are not aboard the aircraft or conveyance.
- The carrier’s liability for acts, events and omissions that occur during the carriage by air is governed by applicable laws and regulations and by the conditions appearing on the carrier’s ticket.
- Augrabies Extreme Marathon cc is not responsible or liable for any act of God, strike, riot, civil disobedience, theft or other condition or event beyond its control.
- While every effort is made to keep to all published itineraries, we reserve the right to make changes for your convenience.
- In some cases, weather conditions can necessitate an alteration in the event itinerary and this does not constitute any reason for refund.
- No refund for unused services will be considered.
- Augrabies Extreme Marathon cc reserve the right to correct printing errors or omissions at any time, unaffected portions will continue to remain valid.
- Any circumstance beyond the organisers’ control that may result in a cancellation of any stage or the entire event will not constitute a refund.
- By law, and falling within the South African Event’s Act, should the temperature exceed the prescribed safety levels, that stage will be stopped for the day.
- It may occasionally be necessary for coaches to wait for passengers travelling on other flights that may have been delayed, or whose baggage has failed to show up.
ECOLOGICALLY SENSITIVE AND PROTECTED AREA
- KAEM is run in the South African Augrabies Falls National park and private farmlands. The entire route runs across an ecologically sensitive and protected area. Augrabies Extreme Marathons cc completely dissociates itself from any activity NOT PERMITTED BY LAW which include:
- Littering (including any form of littering)
- Deliberately damaging any flora and/or fauna (any form of plant and animal life)
- Deliberately damaging the terrain (veld, tracks, roads, rivers, riverbeds, etc.)
- Removing anything from the terrain, including plants, trees, branches, animals, animal remains, birds, fish, eggs, stones, rocks, or any anything found in the veld.
- Chasing, hitting, throwing stones at or catching any animal or fish.
- Making a fire or burning anything.
- Digging holes in the ground (it is permitted to level the ground for sleeping without having to dig holes in the ground)
Should entrants be seen performing any of these activities, it will result in immediate disqualification from the race, and Augrabies Extreme Marathons cc will not be liable for any such offence, or damaged caused.
Should the South African Augrabies Falls National park or any private farmer prosecute entrants as a result of such an offence, Augrabies Extreme Marathons cc will not be held liable or be responsible for any damages which may have been caused.
Augrabies Extreme Marathon cc and the customer hereby consent in terms of Section 45(1) of the Magistrate’s Court Act No. 32 of 1944 as amended in respect of any proceedings which may be instituted by either of them to the jurisdiction of the Magistrate’s Court which at the time of such proceedings has jurisdiction over them in terms of section 28(1) of the aforesaid Act, but acknowledge that the party suing shall have the right should it in its discretion desire to institute action in a competent division of the Supreme Court of South Africa in which event, the costs of such action shall be determined in accordance with the tariff or fees applicable to the Supreme Court in force at such time. Augrabies Extreme Marathon cc and the customer expressly agree that the laws of the Republic of South Africa shall govern this agreement and any claim as more fully envisaged above.