Terms and Conditions for La Motte Wine Estate (Pty) Limited

In the event that the consumer protection act, act no 68 of 2008 (“cpa”) is applicable to this agreement the following notice applies:

Consumer Protection Act Notice

In complying with the CPA, certain portions of the Agreement have been printed in bold. The reason for this is to draw the Participant’s attention to these clauses specifically as they either:

• limit in some way the risk or liability of La Motte Wine Estate Proprietary Limited (hereinafter “La Motte”) or any other person;
• constitute an assumption of risk or liability by the Participant;
• impose an obligation on the Participant to indemnify La Motte or any other person for some cause; or are an acknowledgement of a fact by the Participant.

Kindly ensure that before the signing of this Agreement that you as the Participant have had adequate opportunity to understand these terms. If you do not understand these terms or if you do not appreciate their effect, please ask for an explanation and do not sign the Agreement until the terms have been explained to your satisfaction.

By making a booking at La Motte it is understood that these Terms and Conditions are understood and accepted by all participants, and that the booking agent or organiser of the group has explained these terms and conditions to all participants.

Nothing in this policy will affect the customer’s statutory entitlements under sale of goods and supply of services legislation, including the CPA.

1. Event schedules

La Motte reserves the right, under unavoidable circumstances, to alter the timing or content of the Event and to substitute any teacher or instructor or to cancel a course at any time.

La Motte does not guarantee the availability of any of the Events wheresoever advertised or promoted.

We reserve the right to cancel or postpone Event with full reimbursement if the Event does not meet the minimum enrollment size.

Event will always take place as scheduled unless prevented by delays caused by force majeure (howsoever defined).

If an Event is prevented from taking place on the day scheduled by any of the above reasons an alternative Event will be offered, a credit to a future Event, or the payment refunded in full.

2. Provisional bookings

Provisional bookings can be made for any Event, the booking will be held for 24 hours on a provisional basis before the places are released if not confirmed and paid for.

3. Cancellation policy

The Participant acknowledges that the Event provided in terms of this Agreement constitutes special order goods for the purposes of the CPA and as such are not subject to the provisions of Section 17 of the CPA.

Cancellations of confirmed bookings prior to a scheduled Event:

• more than 7 days – no cancellation fee;
• between 3-7 days – 50% cancellation fee will be charged;
• 3 days or fewer hours and no-shows – full amount paid will be forfeited.

This cancellation policy stands for all bookings being cancelled, even if transferring to another date.

If you are unable to attend at the last minute due to illness or other unforeseen circumstances, your place can be transferred to another person of your choice, but not to another date.

No refunds will be given after the scheduled start of an Event.

4. Rates and Payments

Prices are as published on our website and will be confirmed to you at the time of payment in full for a booking .We reserve the right to change prices at any time prior to full payment of a booking.

5. Times

For general information: Please see our website for exact scheduled times, as times are subject to change.

Event times shown on our web site are subject to change. Specific Event times are as stated in the confirmation of your booking. Event generally run for approximately 2 hours.

6. Dietary requirements and allergies

Where possible, our chefs will accommodate dietary requests if they are given a minimum notice of 2 days prior to the scheduled Event date. La Motte does not otherwise cater for individual dietary requirements, whether for health or religious reasons or otherwise. La Motte does not hold any religious food or preparation certifications other than those related to normal health and safety.

Allergies are the responsibility of the individual customer and not of La Motte.

La Motte is not liable for any allergies, illness or reactions including leading to death from any food served at any time in our premises or any allergic reaction suffered.

7. Alcohol policy – we ask you to respect our staff when enforcing this policy and all legal requirements

Alcohol for consumption on-site must be consumed only in the designated areas. Alcohol can only be consumed on the premises and in such areas in our grounds as are designated to be available for the consumption of alcohol.

If you appear under 21, we will ask for relevant photo ID before serving wine. We advise anyone 21 or younger to bring appropriate ID on the first day of the Event.

Wine will only be served to individuals aged 18 or older. It is an offence for anyone to provide alcohol to any person aged under 18 or for an adult to secure alcohol on such under aged person’s behalf.

Please note that this offer is not for unlimited amounts of wine, but for tasting portions.

All wine will be removed from the table at the end of each Event.

La Motte takes no responsibility in any event for any person attending an Event becoming intoxicated, driving a vehicle over the statutory limits, or for loss of a driver’s licence.

For the safety of the individual and others, persons deemed by our staff (in their sole discretion) to be intoxicated will not be allowed to participate in an Event or asked to leave an Event, or refused alcohol.

Any participants disregarding these stipulations relating to alcohol will be asked to terminate their participation in the Event immediately, and be removed from the complex if necessary.

No compensation will be made to anyone being asked to terminate their participation in an Event or where such person(s) is/are removed from Leopard Leap’s premises.

8. Social enjoyment

The object of the Event is to learn the fundamental concepts and harmonisation of food and wine.

We reserve the right to terminate the Event prematurely should the group or any member of the group become unruly and we will not consider any refunds or pay any compensation. The booking agent or organiser of the group will be held liable for costs arising from damages caused to property and equipment due to negligence on the part of unruly individuals.

If any participant is considered by La Motte to be unsuitable for any reason, the student may be required to leave, either immediately or within a specified time.

9. Personal Property

Although every precaution has been taken to ensure the safety of participants and their respective belongings and vehicles, La Motte and its staff cannot be held responsible for any injuries or other mishaps that may occur while on the premises, or for losses or damages to persons and/or property of any nature and howsoever caused.

La Motte accepts no responsibility for lost property whatsoever. If any property has been left behind and found by a member of our staff, we advise you to organise a suitable courier to collect your goods at a convenient time. Any lost property which has not been claimed in 7 days will be given to charity.

10. Emergencies

In the case of an emergency, where it is impracticable to communicate with a person authorised to give medical instructions, the staff are authorised to arrange for a participant/child/ward to receive such medical or surgical treatment as may be deemed necessary.

The participant undertakes to pay or reimburse all costs, charges, fees and expenses which are or may be incurred for medical attention, ambulance transport and medication while the participant or his/her child/ward is enrolled with the programme.

11. Third party services

The suppliers providing transportation, sightseeing arrangements, tours and/or arrangements for attendance at La Motte (“Suppliers”) are independent contractors and are not agents, affiliates, representatives or employees of La Motte, or any of its subsidiaries, related companies or parents (“Affiliates”). La Motte has no ownership interest in any Supplier. Any use of the La Motte name by any Supplier is for identification purposes only and does not constitute ownership, agency, supervision or control by La Motte.

All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier(s).

By utilising the services of Suppliers, you agree that neither La Motte nor its Affiliates shall be liable for (i) any accident, loss, injury or damage to you or to those traveling with you, including, but not limited to, defects in vehicles, equipment malfunction, strikes, theft, delays, weather conditions, cancellation or changes in itineraries or schedules, or (ii) loss or damage to property or injury to persons caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers.

La Motte makes no implied or express warranties in any offering described in Supplier materials.