MOBI CAMPS Terms & Conditions, Risk, Weather & Liability Waiver

Terms & Conditions, Risk, Weather & Liability Waiver

MOBI CAMPS – Mobile Tented Camps

TERMS & CONDITIONS, RISK, WEATHER & LIABILITY WAIVER

Business: MOBI CAMPS – Mobile Tented Camps
Website: www.mobicamps.co.za

IMPORTANT NOTICE – ACCEPTANCE OF THESE TERMS

By requesting, confirming or making payment for a booking with MOBI CAMPS, including payment of any invoice, deposit or booking amount, the customer confirms that they have read, understood and accepted these Terms & Conditions, including the Risk, Weather & Liability Waiver contained below.

Payment of an invoice, deposit or any amount towards a booking constitutes acceptance of these Terms & Conditions, whether or not the customer has physically signed this document.

These Terms & Conditions apply to the customer, all persons staying in the booked accommodation, members of their group, guests, children, visitors and any other persons entering or using the MOBI CAMPS tented camp under the customer’s booking or responsibility.

MOBI CAMPS provides temporary outdoor tented accommodation. Customers acknowledge that camping and outdoor events involve inherent risks and that weather and environmental conditions are beyond the control of MOBI CAMPS.

Customers are responsible for taking reasonable care of themselves, their group, children, guests and personal belongings while using the camp.

1. ACCEPTANCE OF RISK

By making a booking, paying an invoice, occupying a tent, entering or using a MOBI CAMPS tented camp, the customer and all persons staying in or visiting the camp acknowledge that camping and temporary outdoor accommodation involve inherent risks.

These risks may include, but are not limited to:

  • Strong winds and sudden changes in weather;
  • Heavy rain, thunderstorms, lightning, hail and flooding;
  • Extreme temperatures and other natural weather conditions;
  • Movement, damage or failure of tents, gazebos, structures, poles, ropes, pegs or other temporary equipment;
  • Slippery, uneven or muddy ground;
  • Falling branches, trees or other natural objects;
  • Insects, snakes, spiders and other animals;
  • Fire, cooking equipment and open flames;
  • Cuts, falls, trips and other accidental injuries;
  • Loss, theft or damage to personal belongings;
  • Damage to vehicles or vehicle contents; and
  • Other risks associated with outdoor camping and temporary accommodation.

The customer accepts these inherent risks for themselves and for all members of their group, guests, children and visitors under their responsibility.

2. WEATHER CONDITIONS

MOBI CAMPS operates temporary outdoor tented camps and cannot control weather or natural conditions.

Weather conditions can change rapidly and may include strong or damaging winds, heavy rain, thunderstorms, hail, lightning, flooding and other severe conditions.

Severe weather may cause tents or other temporary structures to:

  • Move or become unstable;
  • Deform or become damaged;
  • Leak;
  • Lose poles, ropes, pegs or other components;
  • Become partially or completely damaged;
  • Collapse or become unsafe; or
  • Require immediate evacuation, relocation or removal.

MOBI CAMPS will take reasonable precautions and make reasonable efforts to monitor conditions and secure the camp.

However, no temporary outdoor structure can be guaranteed to remain safe, completely dry, undamaged or usable under all weather conditions.

3. TENT DAMAGE OR FAILURE

If a tent, structure or other equipment becomes damaged, unstable or unsafe due to weather, environmental conditions or circumstances beyond the reasonable control of MOBI CAMPS, MOBI CAMPS may require occupants to immediately leave the affected tent or area.

Customers agree to follow all reasonable safety instructions given by MOBI CAMPS staff or event management.

Where reasonably necessary, MOBI CAMPS may relocate, close, dismantle or remove a tent or other temporary structure.

MOBI CAMPS shall not be responsible for losses, inconvenience, alternative accommodation costs, travel expenses or other consequential losses arising solely from weather-related damage, failure or closure of temporary structures, except to the extent that such liability cannot lawfully be excluded under South African law.

4. EVACUATION AND SAFETY

MOBI CAMPS reserves the right to temporarily close, relocate, evacuate or dismantle part or all of the tented camp where management reasonably believes that weather, fire, flooding, structural instability or another hazard presents a risk to customers, staff or property.

Customers agree to immediately comply with reasonable evacuation or safety instructions.

Failure to follow safety instructions may increase the customer’s own risk and may affect any claim arising from such failure.

5. PERSONAL INJURY, ILLNESS AND ACCIDENTS

Customers acknowledge that camping and outdoor environments involve inherent risks of accidental injury, illness and other incidents.

MOBI CAMPS will take reasonable steps to erect, inspect and maintain its tents and equipment in a reasonably safe condition.

However, customers acknowledge that sudden weather events, environmental conditions, uneven ground, animals, insects, fire, other guests, venue conditions and circumstances beyond reasonable control may result in injury or loss despite reasonable precautions.

MOBI CAMPS shall not be held responsible for personal injury, illness, death or other loss arising from inherent risks of camping or circumstances beyond its reasonable control, except where such liability cannot legally be excluded or limited under applicable South African law.

Nothing in these Terms & Conditions is intended to exclude or limit any liability that cannot lawfully be excluded or limited under South African law.

6. LOSS, THEFT OR DAMAGE TO PERSONAL PROPERTY

Customers are solely responsible for their personal belongings and property while staying at or visiting the camp.

This includes, but is not limited to:

  • Cell phones;
  • Cameras;
  • Laptops and electronic equipment;
  • Clothing;
  • Camping equipment;
  • Money and valuables;
  • Personal luggage;
  • Motorcycles;
  • Vehicles; and
  • Vehicle contents.

Customers are responsible for securing their own belongings and valuables.

MOBI CAMPS will not be responsible for loss, theft or damage to personal property unless MOBI CAMPS is legally responsible for that loss, theft or damage

Customers are advised not to leave valuable items unattended or unsecured.

7. CUSTOMER RESPONSIBILITIES

Customers agree to:

  • Follow all camp rules and safety instructions;
  • Not interfere with tent poles, ropes, pegs or other structures;
  • Not move, dismantle or modify tents or equipment;
  • Keep children under appropriate supervision;
  • Use fires, braais, heaters and cooking equipment responsibly; No Heater will be allowed in any Tent
  • Report damaged or unsafe equipment immediately;
  • Not enter a tent or area that has been declared unsafe;
  • Leave an area immediately when instructed to do so for safety reasons;
  • Take reasonable care of MOBI CAMPS property; and
  • Take reasonable responsibility for their own safety and the safety of persons under their supervision.
  • FIRES, BRAAIS, HEATERS AND COOKING EQUIPMENT
  • Fires, braais and cooking equipment must be used responsibly and strictly in accordance with the camp and venue rules.
  • No heaters of any kind are permitted inside any MOBI CAMPS tent.
  • Open flames, gas equipment, braais, cooking equipment or other heat sources may not be used inside tents.
  • Customers are responsible for ensuring that fires and other heat sources are safely extinguished after use.
  • Any damage caused to a tent, equipment or other MOBI CAMPS property as a result of a fire, braai, heater, cooking equipment, open flame, negligence or misuse will be payable by the customer immediately.
  • Where property is damaged beyond reasonable repair or replacement is required, the customer will be liable for the full replacement value of the damaged or destroyed item, rather than the repair cost.

8. DAMAGE CAUSED BY CUSTOMERS

The customer may be held financially responsible for damage to tents, furniture, equipment or other MOBI CAMPS property caused by the customers:

  • Intentional actions;
  • Negligence;
  • Misuse;
  • Unauthorised alterations;
  • Reckless behaviour;
  • Failure to follow reasonable instructions; or
  • Actions of members of the customer’s group, guests, children or visitors for whom the customer is responsible.

MOBI CAMPS reserves the right to recover reasonable costs associated with repairing or replacing damaged property.

9. CHILDREN AND MINORS

Parents, guardians and persons responsible for minors remain responsible for supervising them at all times.

MOBI CAMPS does not provide childcare or supervision of children unless expressly agreed in writing.

Parents and guardians are responsible for ensuring that children do not interfere with tents, fires, electrical equipment, vehicles, ropes, pegs or other camp infrastructure.

10. FIRE, BRAAIS AND COOKING EQUIPMENT

Customers must use braais, fires, gas equipment, heaters and other cooking or heating equipment responsibly and in accordance with camp and venue rules.

Customers must ensure that fires are properly extinguished and must not place open flames or hot equipment in a manner that could damage tents or create a safety risk.

Any damage caused by a customer’s fire, braai, cooking equipment, heater or other heat source may be charged to the customer.

11. FORCE MAJEURE / EVENTS BEYOND OUR CONTROL

MOBI CAMPS shall not be held responsible for failure, interruption, delay, damage or cancellation resulting from circumstances beyond its reasonable control, including but not limited to:

  • Severe or dangerous weather;
  • Storms;
  • Strong or destructive winds;
  • Flooding;
  • Lightning;
  • Fire;
  • Natural disasters;
  • Government restrictions;
  • Venue closure;
  • Emergency situations;
  • Acts of nature;
  • Public safety restrictions; or
  • Other circumstances that make the safe operation of the camp impractical or unsafe.

Where such circumstances occur, MOBI CAMPS will make reasonable efforts to assist customers and minimize disruption were reasonably possible.

12. NO GUARANTEE OF WEATHER CONDITIONS

Customers acknowledge that MOBI CAMPS cannot control or guarantee weather conditions.

MOBI CAMPS does not guarantee that tents will remain:

  • Completely dry;
  • Undamaged;
  • Standing and fully operational;
  • Free from water ingress; or
  • Suitable for occupation during severe or extreme weather conditions.

A tent is temporary outdoor accommodation and should not be regarded as a permanent or fully weatherproof structure.

13. RIGHT TO REFUSE OR SUSPEND OCCUPATION

MOBI CAMPS may refuse, suspend or terminate occupation of a tent or area where it reasonably considers the tent, structure, campsite or surrounding area to be unsafe.

This may occur due to weather, structural damage, flooding, fire, emergency situations or any other safety concern.

Where reasonably possible, customers will be informed of the reason and any available safety measures or alternatives.

14. LOSS, DAMAGE OR INJURY – CUSTOMER ACKNOWLEDGEMENT

The customer acknowledges that MOBI CAMPS is not an insurer of customers, their guests or their property.

Customers accept responsibility for their own personal belongings, vehicles and personal safety and understand that outdoor camping involves risks that cannot always be eliminated.

Except where South African law does not permit such exclusion, MOBI CAMPS shall not be liable for:

  • Loss of personal belongings;
  • Theft of personal belongings;
  • Damage to personal belongings;
  • Damage to vehicles or motorcycles;
  • Damage to vehicle contents;
  • Personal injury;
  • Illness;
  • Accidental loss;
  • Loss arising from severe weather;
  • Damage to or failure of temporary structures caused by circumstances beyond reasonable control;
  • Additional accommodation costs;
  • Travel or transport costs; or
  • Other indirect or consequential losses.

Nothing in these Terms & Conditions excludes or limits any liability that cannot legally be excluded or limited under South African law.

15. BOOKING AND PAYMENT = ACCEPTANCE OF TERMS

IMPORTANT: By paying any invoice, deposit, booking fee or other amount relating to aMOBI CAMPS booking, the customer confirms that they have read, understood and accepted these Terms & Conditions.

A physical signature is not required for acceptance where payment has been made.

The customer is responsible for ensuring that all members of their group, guests and persons under their responsibility are made aware of these Terms & Conditions and the applicable camp rules.

The customer agrees that these Terms & Conditions form part of the booking agreement between the customer and MOBI CAMPS.

16. ACKNOWLEDGEMENT

By making payment or occupying a MOBI CAMPS tent, the customer confirms that they:

  1. Have read and understood these Terms & Conditions;
  2. Understand the risks associated with temporary outdoor accommodation;
  3. Understand that weather and outdoor conditions can change rapidly;
  4. Understand that tents are temporary structures and are not guaranteed to remain safe, dry or undamaged during severe weather;
  5. Accept the inherent risks associated with camping and outdoor events;
  6. Agree to follow all reasonable safety instructions;
  7. Accept responsibility for their personal belongings and property;
  8. Understand that MOBI CAMPS is not responsible for loss, theft, damage or injury except where liability cannot legally be excluded; and
  9. Agree that these Terms & Conditions form part of their booking agreement.

CUSTOMER ACKNOWLEDGEMENT

Name: ______________________________________

ID / Passport No.: ____________________________

Booking / Event: ______________________________

Date: _______________________________________

DECLARATION

I confirm that I have read, understood and accepted the MOBI CAMPS Terms & Conditions, Risk, Weather & Liability Waiver.

I understand that camping and temporary outdoor accommodation involve inherent risks and that MOBI CAMPS cannot be held responsible for loss, theft, damage or injury except where such liability cannot legally be excluded or limited under South African law.

I agree to comply with all camp rules, safety instructions and reasonable instructions given by MOBI CAMPS or event management.

ONLINE BOOKING / PAYMENT ACCEPTANCE

Where a booking is made electronically or payment is made against an invoice, the customer acknowledges that:

“By making payment, I confirm that I have read, understood and accepted the MOBI CAMPS Terms & Conditions.”