Service Terms and Conditions

Valid motorcycle is required
A refundable security deposit of R15,000 will be taken on day 1 of the rental
Personal liability (Excess) is R15,000
Indemnity& Waiver form must be signed upon rental begin
The experience includes one complimentary helmet
All bikes are standard equipped with a pillion/passenger seat
Full payment must be made 4 weeks prior to the tour begin

CANCELLATION & REFUND POLICY

Refund for rentals:
> 4 weeks: 100%
4-2 weeks: 50%
2-1 week: 25%
less than 7 days: non-refundable

Refund for 2h, half days & 1 day tours :
> 2 week: 100%
2-1 week: 50%
less than 7 days: non-refundable

Refund for multi-day tours:
> 6 weeks: 100%
6-4 weeks: 50%
4-2 weeks: 25%
less than 2 weeks: non-refundable

The tour itinerary is subject to change and modifications may be made depending on the weather and other circumstances outside of RETZAs control.

Force Majeure: RETZA is not responsible for circumstances out of their control. RETZA will offer the activities if it is deemed safe. In case of severe weather changes that might negatively impact the tour or rental activity, RETZA will offer an alternate date to conduct the activity, or a refund.

*RELEASE WAIVER AND ASSUMPTION OF RISK AGREEMENT*
I understand that adventure sports ( Motorcycling / Self Driving / Off-roading / Trekking / Rafting etc ) is a Risky Hobby and involves risk to my life and limb.

In consideration of being permitted to participate in Expeditions / Events organised by RETZA (Pty) Ltd hereafter addressed also as the “Released Party”, out of my own free will and voluntary act, I , for myself, my personal representatives, heirs, executors, next of kin, spouse and assigns, so agree as follows:

A. I RELEASE, WAIVE AND DISCHARGE the following persons ("RELEASED PARTIES") from any and all claims and liability for my personal injury, my bodily injury, my death and/or my property damage connection with my participation in the Expeditions / Events, my participation with RETZA (Pty) Ltd, their Association, or arising out of the doctrine of strict liability, to the full extent allowed by law. The persons I am releasing, including their employees, spouses, officials, members, are:

RETZA (Pty) Ltd
Each of the person or persons involved or participating in the Ride.
Each of the property owners on or over whose property I may stay or camp on or ride.
All persons involved, in any manner, in the Ride Stay or Camp.
B. I WILL NOT SUE OR MAKE A CLAIM agains the RELEASED PARTIES for loss or damage on account of my bodily injury, my death, or my property damage sustained as a result of my participation in the Ride, my participation with RETZA (Pty) Ltd. I ACKNOWLEDGE that such injuries, death and/or damage are NOT covered by any insurance issued to any of the RELEASED PARTIES.

C. I AGREE THAT this AGREEMENT shall be governed by and construed in accordance with South African law. All disputes and matters whatsoever arising under, in connection with, or incident to this agreement shall be litigated, if at all, in and before a court located in the state of the Western Cape.

E. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF PERSONAL INJURY, BODILY INJURY, DEATH OR PROPERTY DAMAGE CONNECTED WITH MY PARTICIPATION IN THE SPORT OF MOTORCYCLING, HOWSOEVER CAUSED, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES.

I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE WAIVER AND ASSUMPTION OF RISK AGREEMENT.

TERMS & CONDITIONS - MOTORCYCLE RENTAL
I fully understand and acknowledge that operating a motorcycle is an activity which has its own unique risks and that serious injury or death could result from operating the Motorcycle through no fault of my own. I agree to personally confirm that all passengers have signed and agreed to the terms of the Motorcycle Passenger Release of Liability and Acknowledgements and Assumptions of Liability before I allow them to ride on the Motorcycle.

PLEASE NOTE: Insurance coverage in connection with the use of the Motorcycle will be available in accordance with the terms of this Agreement and the terms of the applicable liability insurance policy or policies.

A ZAR 10,000.00 personal liability is applicable in case of damage to the rented vehicle and or third party.

This Rental Form, together with the Booking Form, is hereinafter referred to as the “Agreement”

The terms, "Renter," "I," "me," and "my" refer to the person who signs this Agreement as renter and any additional renter listed above, all of whom are jointly and severally liable for the charges and obligations set forth in this Agreement. The terms, "you" and "your" refer to Rental Operator. The term, "Motorcycle," means the Motorcycle specified in the Rental Data Page, or its replacement, including all tires, tools, Motorcycle documents, accessories, equipment and plates. The term, “affiliates,” means holding companies and subsidiaries (as each term is defined in the Companies Act 61 of 1973, as amended) and any other entity controlling, controlled by or under common control with the applicable company or companies. For this purpose, the terms, “controlling,” “controlled by” or “under common control with,” mean the right or ability, directly or indirectly, to exercise or otherwise control the votes attaching to 50% or more of the issued voting shares in an entity or direct or indirect beneficial ownership of 50% or more of the issued equity shares in an entity.

CONTRACTUAL TERMS. THIS DOCUMENT CONTAINS CONDITIONS RELATING TO YOUR MOTORCYCLE RENTAL, READ IT CAREFULLY.

You hereby rent to me the Motorcycle listed on the Rental Data Page pursuant to any and all terms and conditions printed on this document (the “Agreement”). By signing the Agreement, I agree to these terms and conditions as essential to the Agreement.

CONDITION OF THE MOTORCYCLE, DELIVERY AND RETURN. I acknowledge having received the Motorcycle in good overall condition, clean, withone set of original keys, and without apparent defects except those mentioned on the Rental Data Page. The Motorcycle is delivered with a full tank of fuel. I will pay a fuel service charge if I return the Motorcycle with less fuel than a full tank. This charge will be the rate per liter as specified on the Rental Data Page multiplied by the number of litres required to refill the tank. I acknowledge that the fuel service charge is not a retail sale of fuel. I will return the Motorcycle on the date and time indicated on the Rental Data Page, in the same condition as when received, ordinary wear and tear from proper use excepted. If I do not return the Motorcycle at the date and time indicated on the Rental Data Page, you may (i) charge me overtime of [__R100__] per hour or part thereof unless the Motorcycle is stolen or destroyed; (ii) repossess the Motorcycle at any place and at my expense; and (iii) report the Motorcycle as stolen to the police. I waive any and all claims against you for any consequences resulting from you making such report. I will return the Motorcycle, during normal business hours, to you unless provided otherwise on the Rental Data Page or agreed upon in writing by the parties (in any case, the “Return Location”). If the Return Location is a location other than the location at which I rented the Motorcycle, I will pay the One-Way Service Fee specified on the Rental Data Page. If I fail to return the Motorcycle to the Return Location, I will pay a charge of R8,00 per km from the location where I left the Motorcycle to the Return Location. I acknowledge and agree that I alone have the custody of the Motorcycle and the keys until I return them at the Return Location. I acknowledge and agree that I must look after the Motorcycle and keys as well as keep the Motorcycle locked while unattended and use any security device fitted to or supplied with the Motorcycle.

RENTAL CHARGES.I will pay for the length of time I rent the Motorcycle at the time rate and for the duration indicated on the Rental Data Page.The minimum charge is one day. Where applicable, I will pay the other charges mentioned on the Rental Data Page. I will also pay you all of the following additional charges that may become due: (i) all fines, penalties, forfeitures, court costs and other expenses (including, without limitation, recovery of expenses for parking, traffic and other violations, including storage liens and charges) that may be assessed against you but which are due by reason of my care, custody, control, possession, operation or use of the Motorcycle; (ii) any and all of your costs incurred in collection of any and all charges due from me to you pursuant to this Agreement; (iii) a reasonable fee if it is necessary to clean the Motorcycle upon my return for excessive stains, dirt or soilage; (iv) any amounts due pursuant to Article 11; (v) indemnification pursuant to Article 12; (vi) if I am in default under this Agreement, you may retain the security deposit and other funds paid by me to you, and I will be liable for any and all additional damages to you. Additional charges will be billed separately.

COLLECTIONS. (a) All rental charges mentioned on the Rental Data Page are due and must be paid at the time the Motorcycle is returned.Additional charges are due and must be paid at the date specified in the related invoices. If I do not pay all rental and additional charges (collectively the “Charges”) when due, I agree to pay a late charge at an annual rate equal to 1% above the base rate of [First National Bank] from time to time on the past due balance. I will notify you any and all my objections related to Charges by registered letter within 10 days of the payment due date; absent such an objection, I will be considered as having accepted your calculation of Charges. All Charges are subject to a final audit. If, upon final audit, an error is found in an earlier calculation, I will pay any undercharges, and I will receive a refund for any overcharges. (b) I have been informed that my credit, up to an amount of the estimated total Charges due under this Agreement, based on my representation about this rental, may be set aside or reserved by the charge card issuer whose card I present in payment of my bill. I consent to the reservation or setting aside of that amount. My signature hereon authorizes you to charge my charge card for any and all charges arising from the terms and conditions of this Agreement. In case the payment is made by credit card, I irrevocably and definitively agree that any Charges, fees, expenses, related to the rental be charged to my credit card. (c) I am primarily liable for all Charges arising from the terms and conditions of this Agreement. If I have directed the billing for such Charges to be transmitted to another person, firm or organization, such as a charge card issuer, who or which, upon receipt of your bill, fails to make payment, I will remain jointly and severally liable for, and will promptly make the payment in respect of, such Charges. (d) Where I elect that any Charges under this Agreement are billed in a currency other than local currency or Rand, the rate of exchange used for any currency conversion will be determined by you in accordance with your standard practice, including your standard handling charge.

OWNERSHIP. RETZA is the owner of the Motorcycle, and neither I nor anyone else will acquire any interest in the Motorcycle by reason of thisAgreement, except my right to possess and use the Motorcycle as renter for the time period indicated on the Rental Data Page and in accordance with this Agreement. I will inform you of (i) any attempt of seizure or seizure of the Motorcycle by a third party; (ii) any judicial decision or legal proceeding that may affect the rights or interests of you and any of the corporate affiliates of such companies; (iii) any legal proceedings against me for bankruptcy. I will not sell, transfer, assign, sublease or transfer any of my interest in this Agreement or the Motorcycle or any of its parts and any such attempted assignment, sublease or transfer is void and of no effect.

CONDITIONS OF USE.I represent to you that (i) I am at least 25 years of age and I am in sound medical condition; (ii) I understand that uniquerisks are involved in motorcycle riding; (iii) I have at least 1 year’s riding experience on motorcycles the size of the Motorcycle; (iv) I possess a valid driver’s license that qualifies me to operate a motorcycle in the state or country of my permanent residence with the same rating as the Motorcycle. I will (i) comply with all laws, ordinances or governmental rules and regulations relating to the use and operation of the Motorcycle; (ii) check the engine oil level at each refueling; (iii) report any mechanical failures to you immediately. I will not use or permit the Motorcycle to be used (i) by any person other than me or the additional renter specified on the Rental Data Page; (ii) to carry passengers or property for hire; (iii) to tow or push anything; (iv) to be operated in a test, race or contest or on unpaved roads; (v) to instruct an unlicensed person in the operation of the Motorcycle; (vi) by any person who is prohibited by law from operating a motor vehicle; (vii) by any person while under the influence of alcohol or an illegal substance, or a prescription or non prescription drug which could impair the operator’s ability to operate the Motorcycle; (viii) for an illegal purpose, including transportation of an illegal substance or contraband; (ix) outside [area covered by insurance]; (x) to advertise for third parties; or (xi) without wearing a South Africa Bureau of Standards-approved helmet, proper eye wear and protective clothing at all times. A violation of this paragraph automatically terminates my rental and makes me liable to you for all Charges and fines, forfeitures, liens, recovery costs, storage costs and related legal expenses which all become due upon termination of the Agreement pursuant to this paragraph. I will not service the Motorcycle, repair the Motorcycle, or replace any part or accessory of the Motorcycle without your prior written approval and, to the extent that I do any of the foregoing, such actions are at my risk and expense. Rental Charges are due for periods during which the Motorcycle is being serviced or repaired by me or on my behalf.

REPOSSESSING THE MOTORCYCLE.You may repossess the Motorcycle at any time it is found illegally parked, unlocked, being used in violationof the law or the terms of this Agreement, or appears to be abandoned. You may also repossess the Motorcycle at any time you discover that I made a misrepresentation in this Agreement or in any other document to obtain the Motorcycle. I waive, to the extent permitted by applicable law, any and all rights to prior notice and/or hearing prior to the repossession of the Motorcycle by you, your employees, agents or contractors.

WARRANTIES.You warrant that the Motorcycle will be of the make and type described on the Rental Data Page and that it will be of satisfactory I understand that except for the foregoing warranties, you have not made, do not make, and I disclaim, any other representation or warranty whatsoever, express or implied, with respect to the Motorcycle, including but not limited to, its design, capacity, condition or merchantability.

WAIVER OF LIABILITY. (i) On my behalf and on behalf of my heirs, personal representatives, successors and assigns (collectively “Heirsand Assigns”), in consideration of the rental of the Motorcycle from you, save as provided below, I release and discharge you and each of your affiliates, subsidiaries, officers, directors, employees, dealers, distributors and agents, and assigns (collectively “Released Parties”), from any and all claims, demands, rights and causes of actions (collectively “Claims”) of any kind whatsoever which I or any of my Heirs and Assigns now have or later may have against any Released Party resulting from or arising out of my rental or the use by any person of the Motorcycle including, without limitation, loss or damage sustained by me or any third party arising out of or in connection with the use of the Motorcycle by me or by any other person. (ii) I acknowledge and agree that you will not be liable to me for any indirect, special, incidental or consequential loss, damages or expenses of any kind caused directly or indirectly by, or arising in connection with, the Motorcycle, its use, operation or failure to operate, maintenance or failure to be maintained, or by any interruption of service or loss of use of the Motorcycle. (iii) Nothing in this Agreement shall limit or exclude the liability of the Released Parties for death or personal injury caused by the negligence of the Released Parties or for death or personal injury or damage to property caused by any defect in the Motorcycle; or (b) you for death or personal injury caused by your negligence. (iv) I agree to the above waiver on my behalf and on behalf of my Heirs and Assigns, and fully understand the effect of such waiver. I certify that I have read this release and fully understand it, that I am not relying on any statements or representations of any of the Released Parties and that I have been given the opportunity and sufficient time to read and ask questions regarding the release. (v) To the extent that the scope of this release is unenforceable in any jurisdiction, such scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this release enforceable in such jurisdiction, without invalidating any other portion of this release.

PROPERTY IN THE MOTORCYCLE. You are not responsible for the loss of or damage to any property left, stored, or transported by me, or anyother person, in or upon the Motorcycle, or on your premises, or received or handled by you, either before or after the return of the Motorcycle and I accept responsibility in respect of all claims by third parties for any such loss or damage. It is my exclusive responsibility to remove any personal belongings from the Motorcycle before I return it to you.

LIABILITY INSURANCE. Anyone operating the Motorcycle as permitted by this Agreement (the “Insured Operator”) will be protected against liability for (i) causing bodily injury or death to any person; and/or (ii) damaging the property of any person, in each case, other than the Insured Operator or any other person insured to operate the Motorcycle under this Agreement. The foregoing protection comprises unlimited cover against claims relating to bodily injury or death, together with cover of [ ] relating to property damage. The foregoing coverage provided by you will be in addition to any applicable insurance available to the Insured Operator, from any other source, whether primary, secondary or contingent in any way. Otherwise, such coverage is provided according to the terms, and subject to all of the conditions and exclusions, of a standard Motorcycle liability insurance policy, including all requirements as to notice and cooperation on my part, which are made a part of this Agreement. You can provide coverage under a certificate of self-insurance or an insurance policy, or both, as you choose. In any case, a copy of the policy and/or certificate will be available for my inspection at your main office. I understand that you will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to, or death of, the Insured Operator or any other person insured to operate the Motorcycle under this Agreement; (iii) defense against any claim after applicable limits of coverage that you furnish have been tendered; or (iv) supplementary no fault, non-compulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage, and you and I reject all such coverage. I understand that if damages occurred when the Motorcycle is operated in conditions that exclude insurance coverage under the terms and conditions of the standard Motorcycle liability insurance policy or after I fail to comply with any of the terms and conditions of the Agreement, I or any person who would otherwise be permitted to operate the Motorcycle under this Agreement will not be covered by your liability insurance and I will be liable to you and all third parties for any and all claims and damages arising as a result.

LOSS OR THEFT OF MOTORCYCLE. During the period of my rental of the Motorcycle, I shall be liable for damages, loss or theft of the Motorcycle.If the Motorcycle is damaged or stolen through my negligence or willful intent, I will pay to you: (i) its fair retail market value before theft or damage less salvage, unless your repair cost plus the reduction of the Motorcycle’s value after repairs is less and you are not required by law to salvage the Motorcycle, in which case, I will pay the latter amount; (ii) a reasonable amount determined by you based on the non-availability of the Motorcycle for use by you, plus a reasonable administrative fee determined by you (except for theft where the Motorcycle is not recovered) and (iii) all towing and storage charges, all of which are referred to herein as the "Loss."
In case of an accident involving the Motorcycle, I will (i) immediately call +27 (73)7870071 (ii) immediately notify the police and file an official statement of accident or theft; (iii) immediately notify you; (iv) take any and all measures necessary to preserve your rights; (v) obtain the following information: the names and addresses of everyone involved including the witnesses; the date and place of the accident; the vehicles involved; the names of the insurance companies and registration numbers of the insurance policies concerned; (vi) not abandon the Motorcycle without ensuring its safety; (vii) not recognize or accept any liability or wrongdoing; (vi) not settle with third parties; (vii) answer immediately any request for information related to the accident; (viii) if I believe my responsibility for the Loss is covered by my own insurance or my charge card issuer, I will provide you my insurer and policy number or card issuer and its insurer; (ix) file an Incident Report. I authorize you to collect the Loss directly from the insurer. I also authorize you to collect the Loss directly from any third party responsible for the Loss. You will refund any sum you collect in excess of the Loss. In case of theft, the same obligations apply where relevant. Moreover, the legal documents and keys should be returned to you within 4 days with a copy of the statement to the police or I will remain liable for the loss of the Motorcycle. If, during my rental of the Motorcycle, I am involved in an accident or the Motorcycle is stolen, I understand that the Motorcycle will not be replaced, and this Agreement will automatically be terminated without refund, unless the accident is caused by the negligence of the driver of another vehicle or a person other than me or the additional renter specified on the Rental Data Page.

INDEMNIFICATION. Subject to the provisions of Article 8(iii), I agree to indemnify you for any loss, liability and expense arising out of (i) my use of the Motorcycle (but only to the extent that such loss, liability and expense exceeds the limits of any liability insurance provided under this Agreement) (iii) any actions taken by the employees of RETZA or their affiliates or (iv) any breach of any representation, warranty, covenant, agreement or obligation made by me in this Agreement.

BACKUP VEHICLE. I accept that I have paid to hire a motorcycle or a pillion and any time as a passenger in the backup vehicle and have not paid for travelling in the back up vehicle. I indemnify RETZA from any damages should an accident occur in the backup vehicle.
(a) Any provision of this Agreement which is void or unenforceable in whole or in part in any jurisdiction will, as to suchjurisdiction, be ineffective only to the extent of such invalidity or unenforceability without invalidating any remaining provision of this Agreement. (b) Any change in this Agreement or your rights must be in writing and signed by your authorized representative. (c) If I do not return the Motorcycle at the time mentioned on the Rental Data Page, you may elect to extend the Agreement until the return; you will have the right to terminate the extended Agreement at any time, without notice. (d)The Agreement will be terminated immediately if (i) I am sequestered; (ii) you determine that any of my assets have been seized to pay off my debts or if a trustee in bankruptcy is appointed over any of my assets; or (iii) I do not comply with the terms and conditions of this Agreement. The termination of the Agreement does not affect your right to receive any money I owed you under the terms and conditions of the Agreement and you may also repossess the Motorcycle.

GOVERNING LAW AND VENUE The Agreement is governed and construed by the laws of the Republic of South Africa. Any dispute may be submitted to the exclusive jurisdiction of the Magistrate’s Court of any district having jurisdiction pursuant to section 28 of Act 32 of 1944 of the Magistrate’s Court Act, and you consent to said jurisdiction in terms of section 45 of Act 32 of 1944 of the Magistrate’s Court Act. Notwithstanding the foregoing, I acknowledge and agree that you may submit any dispute to any division of the High Court having jurisdiction.