GS Africa Tour Agreement Terms & Conditions

GS Africa Tour Agreement
Terms and Conditions

These Terms apply to all bookings for, and participation in, GS Africa Rentals and Tours (MAPA LEFA TRADING (PTY) LTD) motorcycle tours and associated rentals. By booking or participating you agree to these Terms.
1. Definitions
“Booking Confirmation” means our written confirmation of your booking.
“Briefing” means the compulsory pre-Departure briefing provided by us.
“Client”, “you” means the rider and any pillion/passenger. “CPA” means the Consumer Protection Act, 2008.
“Departure” means the scheduled start date of your Tour as set out in your Booking Confirmation.
“GS Africa”, “we”, “us” means MAPA LEFA TRADING (PTY) LTD t/a GS Africa Rentals and Tours (Reg. No. 2020/679835/07). “Tour” means any guided or unguided motorcycle tour or associated rental supplied or coordinated by us.
2. Application and Entire Agreement
These Terms, together with your Booking Confirmation, Rental Invoice/Voucher, and our Privacy Notice, form the entire agreement between you and GS Africa for your Tour and any associated rental. If there is any inconsistency, your Booking Confirmation prevails for commercial specifics, and these Terms prevail for legal terms and consumer protections.
3. Plain Language and Your CPA Rights
These Terms are written in plain language. If anything is unclear, please ask before accepting. If you are a “consumer” under the CPA, you enjoy the rights and remedies provided by the CPA. Nothing in these Terms limits any rights that cannot lawfully be limited.
4. Bookings, Deposits and Payments
Your booking is only confirmed when we issue a Booking Confirmation. Specific motorcycle models are limited and are allocated on a first-confirmed basis.
4.1 Deposit and balance
(1) Bookings made more than 60 days before Departure: 25% deposit on issuance of a Booking Confirmation; balance due 60 days before Departure.
(2) Bookings made 60 days or less before Departure: 100% payable on the date of the Booking Confirmation.
4.2 Non-payment
If you do not pay the deposit or balance when due, we may treat your booking as cancelled by you, applying the cancellation policy below.
4.3 Post Tour Charges
We will issue you’re a post tour invoice after the end of your Tour, including charges for any agreed extras not already paid, traffic fines; recovery, towing, storage and late-return charges (if applicable); repair costs or reasonable estimates; insurance excesses/deductibles; reasonable loss-of-use and any proven diminution in value.

5. Special Requests
You may submit special requests (e.g., dietary) with your booking. We will use reasonable efforts to accommodate them but cannot guarantee fulfillment where third-party suppliers are involved.
6. Your Changes and Cancellations
All change and cancellation requests must be sent to tours@gsafrica.com and are effective only when we issue an amended Booking Confirmation or written cancellation confirmation.
6.1 Cancellation charges
Refunds are calculated on the total Tour price:
(1) Cancellations 60 days or more than 60 days before Departure: 75% refundable (25% non-refundable).
(2) Cancellation less than 60 days before Departure, but not less than 10 days before Departure: 25% refundable.
(3) Cancellation 10 days or less: no refund.
We may deduct any proven, non-recoverable third-party costs from refundable amounts. An itemised statement will be provided on your request.
6.2 Changes after confirmation
You are responsible for any additional costs from changes you request after confirmation, including supplier charges. We will advise costs before proceeding. All changes are subject to availability.
7. Cancellations and Changes by GS Africa
We may cancel, change or postpone a Tour before Departure if minimum tour numbers are not met, a force majeure event occurs, or for legal or safety reasons. We will notify you as soon as reasonably possible of cancellation.
7.1 Remedies
(1) If we cancel without a reasonable postponement or alternative: we will refund 100% of amounts paid to us, less non- recoverable third-party costs and applicable taxes, despite our best efforts to recover them.
(2) If we offer a reasonable postponement or alternative: we may issue a voucher equal to amounts paid, less amounts already allocated to third-party services that cannot reasonably be reallocated.
We are not responsible for incidental costs (e.g., flights, visas) unless caused by our breach.
8. Health and Safety
By accepting the Booking Confirmation, you declare that you are medically fit and legally licensed to undertake the Tour. The aforegoing notwithstanding, you must disclose any material medical conditions at booking.
You consent to us arranging emergency medical treatment and evacuation if you are unable to do so. You authorise the sharing of relevant information with medics/insurers. You remain responsible for costs not covered by your insurance.
You are required to attend the Briefing prior to Departure, and at all times comply with traffic laws, health/public orders, and all safety instructions. We may refuse service, remove you from a Tour (without refund), or terminate your participation if you fail to attend the Briefing, endanger safety, act unlawfully, breach these

Terms, ignore instructions, or risk our reputation. You are responsible for all resulting costs (including repatriation and accommodation) and for any damages you cause.
No riding under the influence of alcohol or drugs. Riding privileges may be withdrawn if, in our discretion, you are unfit to ride.
9. Insurance (Condition of Participation)
Comprehensive travel insurance is compulsory and must cover medical, hospitalisation, evacuation/repatriation (including air ambulance), personal liability, and, for riders and pillions. Proof of insurance must be provided before the Tour. Failure to provide proof may result in refusal of participation and the applicable cancellation charges.
You must cooperate with insurers and authorities, preserve evidence, provide statements, and not prejudice recovery rights. If your failure to cooperate causes an insurer to decline or reduce cover, you are responsible for the uncovered loss to the extent of your fault or breach.
Insurance for cancellation/curtailment and baggage is strongly recommended.
10. Passports, Visas and Licences
You are responsible for valid passports, visas, permits and international driving permits where required. For South African rentals/tours, riders must hold a valid, unendorsed motorcycle licence (Code A in SA) and meet any minimum age/experience requirements specified in your Booking Confirmation. We are not liable if you are denied entry or permission due to your documentation.
11. Motorcycle Supply, Use and Care
We will use reasonable efforts to supply the confirmed motorcycle model. If unavailable, we may substitute a similar or superior model or make necessary itinerary/service changes; if a lower-cost substitute is provided, we will refund the difference.
11.1 Use requirements and restrictions
(1) Helmets are compulsory.
(2) Off-tar use may be restricted for certain models; any model- specific restrictions will be set out in your Booking Confirmation/Briefing and must be observed.
(3) Only the named rider(s) with appropriate licence may operate the motorcycle. Unauthorised riders are strictly prohibited.
(4) You must operate the motorcycle safely, within legal speed limits, and consistent with conditions.
(5) You must not use the motorcycle for racing, stunts, towing, instruction, or while under the influence of alcohol/drugs.
11.2 Pre-ride inspection and reporting
You must inspect the motorcycle before acceptance, note any pre-existing damage on the checkout sheet, and immediately report any defect or malfunction during the rental/tour. Continuing to ride after noticing a defect is at your risk and may void insurance.
11.3 Damage, loss and unavailability
You are responsible for:
(1) All traffic fines and penalties incurred while the motorcycle is in your possession. An administration fee reasonable to process

fines may be charged and will be disclosed in your Booking Confirmation/Briefing.
(2) Loss of keys and accessories and the reasonable costs of replacement and associated call-outs.
(3) Damage to the motorcycle, its equipment and accessories (other than fair wear and tear). “Fair wear and tear” does not include damage from crashes, drops, riding contrary to restrictions, contamination, submersion, or misuse.
(4) Theft or total loss while in your possession, subject to the applicable insurance excess.
(5) Misfuelling, use of incorrect fluids, tyre punctures and glass damage, and for reasonable associated recovery and repair costs.
11.4 Financial responsibility for damage
(1) Insurance excess: You are liable up to the insurance excess stated in your Booking Confirmation for covered damage, subject to policy terms and exclusions (for example, alcohol/drug impairment, unauthorised use, or off-road use contrary to restrictions may void cover).
(2) Uncovered loss: You are liable for the full amount of losses not covered by insurance (including where cover is voided by your breach), including: repair costs or replacement value, reasonable towing/recovery, diminution in value reasonably substantiated, and reasonable loss-of-use for the period the motorcycle is unavailable due to damage attributable to you, calculated at the applicable daily rental rate stated in your Booking Confirmation.
(3) We will provide written notice with an itemised statement and supporting documents (e.g., quotes, assessments, police reports where applicable) at your request, and allow you a reasonable opportunity to query charges before processing any deductions.
11.5 Recovery, abandonment and late return
If you abandon the motorcycle without our consent, return it late, or return it to an unauthorised location, you are responsible for reasonable recovery, storage and late return charges as specified in your Booking Confirmation/Briefing.
12. Authority on Tour and Itinerary Flexibility
The tour leader’s reasonable decisions regarding safety, route, weather or local conditions are final. Itineraries may change due to circumstances beyond our control. We will use reasonable efforts to provide alternatives of a similar standard.
13. Mandatory Risk Warning and Acceptance of Risk
Motorcycling and adventure travel carry inherent risks, including personal injury, death, illness, property damage or loss due to traffic, road conditions, weather, wildlife, mechanical failure, actions of third parties and your own acts or omissions. By participating, you acknowledge and accept these inherent risks to the maximum extent permitted by law. This risk warning will be specifically drawn to your attention and must be initialled on the signature page.
14. Limitation of Liability
We will provide our services with reasonable care and skill.
To the maximum extent permitted by law:
(1) We are not liable for indirect, special or consequential losses, loss of enjoyment, loss of opportunity, or losses arising from

force majeure or events beyond our control.
(2) Our aggregate liability for claims arising from your booking or participation will not exceed the amounts paid by you to us for the relevant services, except where the law prohibits such limitation.
(3) You must notify us of any claims within 30 days after the end of the Tour/rental, so that we can investigate, failing which you shall have no rights to a claim
We act as principal for some services and as agent for others (e.g., accommodation, transfers). We will select third-party suppliers with reasonable care but are not liable for their independent acts or omissions where we do not control them, save as required by the CPA.
15. Indemnity
To the fullest extent permitted by law, you indemnify and hold us harmless against all losses, claims, damages, liabilities, fines, penalties and reasonable legal costs we incur arising from: your unlawful conduct; your breach of these Terms; your negligent or reckless operation of a motorcycle; or any claim by a third party caused by your acts or omissions.
16. Payments, Security Deposits and Card Authorisations
You authorise us to take a pre-authorisation or security deposit on your card for the amount specified in your Rental Invoice/Voucher. Deductions will only be processed for verified amounts due after we provide written notice, an itemised statement with supporting documentation, and a reasonable opportunity for you to query charges, in compliance with card scheme rules and applicable law. If you fail to pay amounts due, we may charge interest at the maximum rate permitted by law and recover reasonable collection costs, including legal fees on an attorney-and-own- client scale.
We do not store CVV numbers. Card and personal data are processed in accordance with POPIA.
Payments processed in a currency other than ZAR may be converted by your card issuer. If a chargeback or reversal is lodged, you remain responsible for proven, non-recoverable third-party costs and bank fees directly resulting from the reversal.
17. Force Majeure / Events Beyond Control
If an event beyond a party’s reasonable control makes performance illegal or objectively impossible (e.g., natural disaster, war, terrorism, government prohibition, epidemic/pandemic restrictions, major infrastructure failure), the affected party must notify the other and take reasonable steps to mitigate. Performance is suspended while the event continues. The parties will first attempt to postpone the Tour. If postponement within a reasonable period is not feasible, either party may cancel the affected services, and we will refund amounts paid less proven, non-recoverable third-party costs despite our best efforts to recover them. Increased cost or inconvenience alone is not force majeure.

If a third-party supplier becomes insolvent or fails to perform, we will use reasonable efforts to source a comparable alternative. Our liability is limited to refunds or credits we receive or can reasonably recover, together with any non-excludable rights under the CPA.
18. Privacy and POPIA
We are the responsible party for your personal information and process it for booking, service delivery, safety, insurance, compliance, and—if you consent—marketing. Legal bases include your consent, contract performance, legal obligations, and legitimate interests such as safety and security. We share data with service providers where necessary and with authorities where legally required. Your data may be transferred across borders where suppliers are located; we will ensure adequate protection or obtain your consent. You have rights to access, correction, deletion (where applicable), objection, and to complain to the Information Regulator. Our Privacy Notice forms part of these Terms.
19. Marketing Images and Recordings
We may capture photos/videos and testimonials during Tours. Unless you opt out in writing, you grant us a perpetual, royalty-free right to use your image, likeness and testimonials for marketing in any media, without further consent or compensation.
20. Luggage and Personal Property in Support Vehicles
We will take reasonable care when carrying client luggage in support vehicles, but we are not liable for loss/theft/damage to personal property unless caused by our gross negligence or wilful misconduct. Do not pack valuables; carry them on your person.
21. Complaints and Dispute Resolution
Please raise any issues during the Tour so we can try to resolve them. Post-Tour complaints should be emailed to tours@gsafrica.com within 15 business days with details. Without limiting your rights, you may refer disputes to the Consumer Goods and Services Ombud (if applicable) or a competent court. Any agreement to arbitrate or mediate is voluntary and may be concluded after a dispute arises.
22. Service of Notices and Costs Recovery
You choose the email address supplied at booking as domicilium for service of notices, and you accept service by email.
23. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division) or any court of competent jurisdiction. This does not limit your rights under the CPA to approach any competent forum.
24. Changes to Terms
We may amend these Terms prospectively by posting updated terms on www.gsafrica.com. The version applicable to your booking is the version provided at the time of your Booking Confirmation, unless a change is required by law and does not materially and adversely affect you.

Tour Agreement