Terms & Conditions

.... the boring stuff

CONFIRMATION OF BOOKINGS AND FINAL NUMBERS: 

Confirmation of bookings and final numbers must be made at least 24 hours in advance of excursion departure time.

Any one of the following shall be accepted as booking confirmation: 

• Complete credit card details including card holder name, card number, expiry date and cvv number

• 20% deposit paid upfront at least 24 hours in advance via EFT or cash payment made at 85 Darnell Street Storms River

• Successful payment made online via payment portals

CONDITION OF PAYMENT: 

A 20% deposit or upfront credit card payment will confirm all bookings. No booking can be confirmed without the required proof of payment, credit card payment received.    Tour Operators only: Vouchers acceptable. Payment terms strictly 30 days from invoice.

No cheques accepted

Walk-in bookings are welcome and are subject to availability

MINIMUM NUMBERS

All excursions require a minimum of four paying participants to proceed. 

Participants will be contacted the evening prior to the excursion should departure times need to be altered for whatever reason or cancelled

ARRIVAL

15 min prior to departure time

TARIFFS: 

• All quotations on tariffs valid for 14 days. 

• Prior notification of price changes will be communicated in advance where possible.  

• Fixed quotations confirmed in writing will be honored in the event of price changes.  

• Blackwater Tubing is a registered VAT vender and 15% VAT is therefore applicable to all prices.  

• A compulsory park fee is excluded

ADDITIONAL EXTRAS: 

All extras not mentioned, for own account and should be settled before departure

CANCELLATION POLICY:

1. Blackwater Tubing reserves the right to cancel any activity in the interest of safety or in the case of uneconomical operations due to insufficient number of participants

2. Cancellations by participant(s) / tour operator(s) / organiser(s) must be made at least 24 hours in advance of excursion departure time

3. Blackwater Tubing reserves the right to claim the full fee should the participant(s) / tour operator(s) / organiser(s) fail to cancel the booking 24 hours prior to excursion departure time or fail to arrive.   

REFUND POLICY

Clients/Operators will be refunded in full in the instance(s) of case 1 above.  

No payment will be refunded should any participant(s) / tour operator(s) / organiser(s) not complete the tour or fail to cancel at least 24 hours in advance of excursion departure time.

A R100 per person administration fee shall apply should any refund be granted for any other reason than safety as mentioned above.

Refunds will not be granted on experience expectations not having been met

BLACKWATER TUBING/MTO Forestry (Pty Ltd) /SANParks

PUBLIC AWARENESS DOCUMENT – INDEMNITY/DISCLAIMER/WAIVER 

In this document:

“Blackwater Tubing” shall mean and include the following parties: Adventure Out There Tsitsikamma CC t/a Blackwater Tubing and MALI Accommodation & Adventures cc t/a Tube ‘n Axe Backpackers Lodge as well as all affiliates employees, members, agents, shareholders and any other form of representative of the foregoing parties.

“SANParks” shall mean and include the following parties: South African National Parks, its subsidiaries, as well as all affiliates employees, directors, members, agents, shareholders and any other form of representative of the foregoing parties.

“Activity” shall mean and include Blackwater tubing provided by Blackwater Tubing and all related activities thereto (directly or indirectly) specifically including but not limited to, use of the storms river gorge, climbing up and down platforms and walkways, traversing rapids, rock jumping, and being conveyed by any motor vehicle to and from the activity.

MTO Forestry (Pty Ltd) shall mean and include the following parties: MTO Forestry PTY Ltd Cape Pine PTY Ltd their respective subsidiaries, as well as all affiliates employees, directors, members, agents, shareholders and any other form of representative of the foregoing parties.

“Activity” shall mean and include Blackwater tubing provided by Blackwater Tubing and all related activities thereto (directly or indirectly) specifically including but not limited to, use of the storms river gorge, climbing up and down platforms and walkways, traversing rapids, rock jumping, and being conveyed by any motor vehicle to and from the activity.

1. Whereas the activity is solely managed and provided by Blackwater Tubing.

And whereas MTO Forestry (Pty Ltd) and SANParks sole interest in the activity and Blackwater Tubing is the fact that Blackwater Tubing has been given permission by MTO Forestry (Pty Ltd) and SANParks to utilize certain afforested portions of MTO Forestry (Pty Ltd) and SANParks’ property as an access and exit point to and from the Activity;

And whereas I acknowledge that I am aware that there are inherent dangers associated with afforested areas such as harvesting operation, falling trees wild animals, unexpected wild fires and/or adverse weather conditions;

And whereas I acknowledge that I accept the presence of the aforesaid inherent risks and the like thereof and agree that I am on MTO Forestry (Pty Ltd) and SANParks property entirely at my own risk.

2. Whereas I further acknowledge that I am aware of and appreciate the real dangers and risks that are associated with the Activity arising inter alias from the fact that the Activity takes place in a dangerous rocky remote, gorge where slipping and falling may occur and where people may be carried downstream in strong currents with hazards that to them are unforeseen if procedures are not strictly adhered to, as well as the presence of reptiles, insects, sharks and the real risk of suffering bodily harm, injury and even death; I am aware that rock/cliff  jumping is not compulsory and I may wish to partake in the afore-said, but do so entirely at my own risk. And whereas the presence of the dangers associated with afore-said areas and Activity has been explained to me; or has not yet been explained to me but I was given the opportunity to ask questions with regards to the dangers and I’m satisfied that I have been informed to my satisfaction with regards to the dangers; or have received the indemnity in advance and have taken note of the mentioned dangers and will ask questions with regards to the dangers upon my arrival at the Activity; And where as I accept and acknowledge that I participate in the Activity entirely at my own risk.

3. Now therefore I indemnify Blackwater Tubing and MTO Forestry (Pty Ltd) and SANParks against any and all claims of whatsoever cause and nature, howsoever arising, which: I might have against Blackwater Tubing and/or MTO Forestry (Pty Ltd) and SANParks, arising out of any damage, expense, harm, injury (including personal injury), illness, death, loss suffered (including loss of support) or consequential loss or damage of whatsoever nature, I suffered whilst participating in, or performing an act related to (whether directly or indirectly) the Activity or due to my presence on MTO Forestry (Pty Ltd) and SANParks property and whether arising from any act of commission or omission and/or negligence on the part of Blackwater Tubing and/or SANParks; and may be made by my spouse, children, any other dependent of mine, my heirs, any person acting on behalf of me or my estate, and/or any other person generally associated with me as a result of me sustaining any damage, expense, harm, injury, illness, death, loss or consequential loss or damage of whatsoever nature, arising from me participating in , or performing an act related to (whether directly or indirectly) the Activity or due to my presence on MTO Forestry (Pty Ltd) and SANParks property and whether arising from any act of commission or omission and/or negligence on the part of  Blackwater Tubing and/or SANParks

4. I confirm that I waive any and all claims and loss of whatsoever cause and nature, howsoever arising, which I might have against Blackwater Tubing and/or MTO Forestry (Pty Ltd) and SANParks, arising out of any damage, expense, harm, injury (including personal injury), illness, death, loss suffered (including loss of support) or consequential loss or damage of whatsoever nature, I suffered whilst participating in or performing and act related to (whether directly or indirectly) the Activity or due to my presence on MTO Forestry (Pty Ltd) and SANParks property and whether arising from any act of commission or omission and/or negligence on the part of Blackwater Tubing and/or MTO Forestry (Pty Ltd) and SANParks.

5. Any claims against Blackwater Tubing and MTO Forestry (Pty Ltd) and SANParks, be they in contract, delict or otherwise instituted against Blackwater Tubing and/or MTO Forestry (Pty Ltd) and SANParks, I respect of this indemnity shall be governed by the laws of South Africa and may be instituted in a South African Court to the exclusion of all other jurisdictions.

6. In the event that any of the terms of this agreement are found to be invalid, unlawful or are unenforceable such term(s) will be sever able from the remaining terms, which will continue to be valid and enforceable

7. Blackwater Tubing or MTO Forestry (Pty Ltd) and SANParks may at its discretion and without prejudice or without admission of liability arrange and pay for emergency medical treatment for and on behalf of me or any person generally associated with me. I acknowledge that I will be directly responsible to reimburse Blackwater Tubing or MTO Forestry (Pty Ltd) and SANParks for these expenses.

8. I also declare that I am in good health, not pregnant and prepared to act responsibly at all times, including the transport and hike.

9. Now therefore I indemnify Blackwater Tubing, Cape Pine and SANParks against any and all claims of whatsoever cause and nature, howsoever arising, which: I might have against Blackwater Tubing and/or Cape Pine and/or SANParks, arising out of any damage, expense, harm, injury (including personal injury), illness, death, loss suffered (including loss of support) or consequential loss or damage of whatsoever nature, I suffered whilst participating in, or performing an act related to (whether directly or indirectly) the Activity or due to my presence on Cape Pine and SANParks property and whether arising from any act of commission or omission and/or negligence on the part of Blackwater Tubing and/or Cape Pine and/or SANParks; and may be made by my spouse, children, any other dependent of mine, my heirs, any person acting on behalf of me or my estate, and/or any other person generally associated with me as a result of me sustaining any damage, expense, harm, injury, illness, death, loss or consequential loss or damage of whatsoever nature, arising from me participating in , or performing an act related to (whether directly or indirectly) the Activity or due to my presence on Cape Pine and SANParks property and whether arising from any act of commission or omission and/or negligence on the part of  Blackwater Tubing and/or Cape Pine and/or SANParks

10. I confirm that I waive any and all claims and loss of whatsoever cause and nature, howsoever arising, which I might have against Blackwater Tubing and/or Cape Pine and/or SANParks, arising out of any damage, expense, harm, injury (including personal injury), illness, death, loss suffered (including loss of support) or consequential loss or damage of whatsoever nature, I suffered whilst participating in or performing and act related to (whether directly or indirectly) the Activity or due to my presence on SANParks property and whether arising from any act of commission or omission and/or negligence on the part of Blackwater Tubing and/or Cape Pine and/or SANParks.

11. Any claims against Blackwater Tubing and/or Cape Pine and/or SANParks, be they in contract, delict or otherwise instituted against Blackwater Tubing and/or Cape Pine and/or SANParks, I respect of this indemnity shall be governed by the laws of South Africa and may be instituted in a South African Court to the exclusion of all other jurisdictions.

12. In the event that any of the terms of this agreement are found to be invalid, unlawful or are unenforceable such term(s) will be sever able from the remaining terms, which will continue to be valid and enforceable

13. Blackwater Tubing and/or Cape Pine and/or SANParks may at its discretion and without prejudice or without admission of liability arrange and pay for emergency medical treatment for and on behalf of me or any person generally associated with me. I acknowledge that I will be directly responsible to reimburse Blackwater Tubing and/or Cape Pine and/or SANParks for these expenses.

14.  I also declare that I am in good health, not pregnant and prepared to act responsibly at all times.

IF UNDER 18 – I warrant that:

I am the legal guardian of said minor as per signature on indemnity and the minor participates in the activity and enters Cape Pine and SANParks property on my own risk; I on behalf of the said minors shall have no claim against Blackwater Tubing and/or Cape Pine and/or SANParks arising out of damage, expense, harm, injury, illness, death, loss or consequential loss or damage of whatsoever nature, arising from me participating in , or performing an act related to (whether directly or indirectly) the Activity or due to my presence on MTO property and whether arising from any act of commission or omission and/or negligence on the part of Blackwater Tubing and/or Cape Pine and/or SANParks; and I indemnify Blackwater Tubing, Cape Pine and SANParks against any and all claims of whatsoever and any legal expenses or costs, which may arise out of the minor participating in or performing and act related to (whether directly or indirectly) the Activity or due to the minors presence on Cape Pine & SANParks property.