Conditions of Carriage
Passenger’s attention is firstly directed to the requirements of the common law as well as of specific legislation such as the Road Traffic Act (Act No. 93 of 1996) and the consolidated regulations thereof and the National Land Transport Act (Act No. 5 of 2009) and Municipal by-laws relating to carriage on Public Motor Vehicles and the regulations thereof. Attention is also directed to various legal penalties provided for in the aforementioned legislation.
Passengers who are not already in possession of the correct ticket shall, immediately upon boarding a vehicle, advise the driver of their destination, tender their fare, and purchase the correct ticket applicable to the whole of the journey being undertaken.
Passengers must examine their tickets and where applicable, their fare card slips, and their change on receipt, as mistakes cannot be rectified later. In the event of a bus driver not having sufficient change to meet the difference between the cash tendered and the price of the ticket the passenger wishes to purchase.
The driver will be allowed to assist the passenger by issuing a ticket and nothing, in pen, on the back of the ticket, the amount of change due to the passenger as a result of the shortage of change. The driver will have to make the necessary arrangements to come by required change to pay the passenger the amount due before the passenger alights from the bus. The driver can arrange for change at any appropriate stop along the route being travelled.
Cash tickets are not transferable and are valid for the specific unbroken journeys from boarding points to the destination shown on the current authorized schedule of fares. All tickets are valid only for journeys in the direction printed on the ticket. Cash tickets and fare card slips must be retained by passengers until completion of their journeys and must be shown on demand to the company’s officials, failing which, the lawful cash fare must be paid.
A passenger who, for whatever reason, is not able to produce a ticket or fare card slip for the whole journey on which he or she is traveling shall be required to purchase the correct cash ticket and, in addition, pay a penalty equal to the cost of such cash ticket.
All tickets are sold on the express condition that unused portions are not eligible for refund. Tickets which are lost or expired, or unused portions thereof, will not be replaced. No tickets will be refunded in the event of any industrial action (Strike).
Passengers may not board a vehicle when it is full, and neither may they board or alight from a vehicle when it is in motion, or at places other than recognized stops, except under the direction of an Inspector, driver, or other company official; otherwise, they do so at their own risk. The company, its servants or agents are not liable for any injury or damage arising from such unauthorized action.
Passengers shall take their seats immediately upon boarding a vehicle or, if no seats are available, stand in the recognized standing room allocated in the vehicle aisles between the seats, provided that the authorized standing capacity as indicated in the vehicle is not exceeded.
Passengers may not occupy platforms, stairs or other unauthorized portions of a vehicle or extend any portion of their bodies beyond the framework of a vehicle except when necessitated momentarily in the process of boarding or alighting form a stationary vehicle; otherwise, they do so at their own risk and the company, its servants or agents are not liable for any injury or damage arising from such unauthorized action.
The company reserves the right to refuse (or accept) the carriage of passenger’s personal effect, parcels, luggage, goods, or animals. The conveyance of inflammable liquids such as petrol and benzine is, however, not permitted under any circumstances.
Where it is decided, in the discretion of the company’s officials, to carry such passengers accompanied goods or animals because they are not unreasonably bulky or otherwise undesirable and can conveniently be carried in a suitable place and manner in the vehicle, they shall be carried free of charge or if and authorized fare is applicable, at such fare.
Such passengers accompanied goods or animals shall, however, be carried entirely at owners’ risk and the company, its servants or agents shall not be liable in respect thereof for loss, wrong or delayed delivery, detention, or any damage
or injury whatsoever, whether caused by negligence of the company, its servants, or agents, howsoever arising.
Passengers shall not:
(a) in either manner, deed, appearance, or language – as the case may be – be obscene, indecent, offensive, quarrelsome, obstructive, destructive, intoxicated, rowdy, disorderly, filthy, contaminated, diseased, dangerous, or disturbing to the public peace.
(b) interfere in any way with the comfort of other passengers on the vehicle;
(c) obstruct or impede the driver, conductor or other official of the company in the performance of their duties,
(d) damage, injure, tamper with or interfere with, or attempt or threaten to damage, injure, tamper with or interfere with the vehicle or any person or property thereon,
(e) spit within or from the vehicle,
Passengers shall not smoke on buses as this is prohibited by the Tobacco Control Act, Act No. 83 of 1993, and Regulations, as amended.
Passengers shall observe and obey the requirement of the law, these conditions of carriage and every lawful instruction of the driver or other official of the company and, if requested on reasonable grounds to do so, shall supply their names, and addresses to such company officials.
In the event of passengers failing or refusing to comply with these requirements whether they are attempting to board or are already aboard a vehicle, carriage may be refused and they shall, upon being requested hereto by such company officials, forthwith alight from or refrain from boarding the vehicle, as the case may be, failing which they may be excluded or removed from the vehicle by any policeman at the request of or under the direction of such company officials.
The company, its servants or agents shall not be liable for the consequences of any delays and inconveniences in the commencement of or during a journey, whether arising from accidents, breakdowns, or any other cause; but shall endeavor to fulfill all its obligations timeously and the best of its ability.
Whilst the company shall exercise reasonable care in rendering its service of conveyance, the company provides no guarantee or assurance of safety against or prevention of loss, liability, injury or damage of whatsoever nature or howsoever arising, whether direct or indirect, to any passenger, or property conveyed by the company, whether arising through the rendering or non-rendering or attempted rendering of conveyance by the company, irrespective of whether such injury, damage, loss, liability or claim arises as a result of or pursuant to any intentional or negligent act or omission to act on the part of the company, its servants or agents during the course of scope of their duties. Passengers and their property are conveyed solely at their own risk and passengers indemnify the company against all and any claims arising form or pursuant to any loss, damage, cost or expense or whatsoever nature directly\or indirectly caused by or resulting from or in connection with such conveyance, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.