Conditions of Hire and Carriage
- This agreement is made subject to a vehicle of the type and specifications (capacity mentioned therein) being available on the data required at the time of acceptance. It is therefore, in the Interest of the hirer to confirm the acceptance with the least possible delay.
- Quotations are always in South African Rand and are valid up to the date stated.
- Prices based on the services of outside contractors may vary in the event of change in direct charges to the Company. Any increase in charges will be passed on to the hirer.
- An acceptance of the quotation will be regarded as an acceptance of the Company’s Conditions of Carriage.
- Confirmation of services will only be processed and confirmed by the Company once an acceptance of an official order, voucher, or payment for the requested service in return from the hirer, is received.
- Specified vehicles will be on a first come first serve basis.
Full payment is due before date of operation of any service unless upon beforehand in writing with the Company.
This agreement cannot be cancelled except by mutual agreement between the Company and the hirer. The Company shall be at liberty, in this discretion, to charge the hiring charge of a cancellation fee of up to 20%.
Unless otherwise stated, the quotation does not include the payments of toll or fare charges.
- The Company will take every reasonable effort to conform with the proposed timetable. It does not undertake to commence or to complete the journey at any specified time, and shall not be liable in any way whatsoever for any total or partial failure to perform the contract by reason of any other cause including any strike or lockout, fire or act of God, or for any claims, damages or expenses arising from defects or failure as aforesaid, or any delays in starting, transit, arrival or return of any vehicle.
- The hirer will secure a detailed Itinerary highlighting all departure and arrival time, venues en route, departure and arrival times, to ensure punctuality thereof. Sufficient time must be made available for coordination with other modes of transport on arrival limes al destinations and venues. The hirer indemnifies the Company from any claims which may arise from stopping at venues and altering the departure times not agreed upon, prior or during the journey, as per the official itinerary.
- Unless a particular route is specified, the journey shall be by the most direct route from starting point to destination. Variation of rou1e, destination starting point or departure lime must be communicated to the Company beforehand. All kilometers travelled and standing time not included in the original quotation shall be paid by the hirer at rates applicable to the vehicle.
- Should the fulfillment of any journey rendered be impossible, illegal or, in the opinion of the Company, inadvisable for any reasonable cause, the Company may al any time cancel such journey or the remainder thereof or make any alteration to the route, accommodation, price or other details thereof that the Company may think fit or change drivers and/or vehicles en route or use public transportation to convey passengers.
- The Company, its directors or officers, employees, servants or agents in whole or in part, shall not be liable (whether in contract or-direct) in any way whatsoever for any loss, injury or damage (including but not limited to consequential or special damages or loss of profits) of whatsoever nature and whether or not caused by the negligence (gross or otherwise) of the Company, Its directors, officers, employees, servants or agents arising from, incidental to, or connected in any way with the conveyance or failure by the Company to convey any passenger or person, the property of any passenger or person; and the Company, Its directors, officers, employees, servants or agents are hereby released from any duty of care towards such passenger or person.
- The indemnity referred to in Clause 6.1 above will be binding on the heirs, dependents, assignees, executors, trustees or other legal representatives of the passenger or person which are conveyed or in respect of which there is a failure to convey, as the case may
- Should the Company through necessity or choice employ the vehicles or services of other operators in respect of the whole or any portion of any journey to be carried out by it than to the extent that such other operator provides, or having the obligation to provide, fails to provide any such vehicle or service, will be subject to the relevant conditions of such other operator and the Company shall have no liability (whether in contract or direct) of any nature whatsoever to any passenger or person or the consignor of any unaccompanied goods as contemplated in Clause 6.1 above.
- The Company reserves the right to subcontract in case of an emergency or by choice, and when this right Is exercised, the substitute vehicle will, as far as circumstances permit, compare equally with the Company’s own vehicle in comfort, and reliability. If the Company does not acquire such vehicles, it remains the hirer’s right to obtain a vehicle which conforms to his own standard and for his own cost. In the event of the Company subcontracting a vehicle, it is agreed between the parties
- Should a Company vehicle not be available at the time of confirmation and the company is requested in writing to source a vehicle in the marketplace, a 10% handling fee is payable in respect of such transactions.
8.1 Baggage and personal belongings are carried entirely at owner’s risk. The Company shall not, under any circumstances, be liable for any loss or damage to luggage or personal belongings. ·
8.2 Passengers shall, under no circumstances, carry with them on the Coach or on any trailer attached thereto, weapons, explosives, or items which are, in the sole opinion of the Company, its employees or officials, dangerous or hazardous or of such a nature as is likely to cause offence or injury to other passengers or damage to their property
The hirer will be responsible for any loss or damage, or loss caused to the vehicle, Its fillings or equipment by the negligence or misconduct of any passenger.
The hirer will ensure that the hired vehicle will only carry the relative authorized number of seated passengers, and that the said vehicle will not be overloaded. Any penalty or fine for such an offence, will be for the hirer’s account.
The hirer undertakes to observe any regulations of the Motor Carrier Transportation Act, Tourism Act and Labour Act (Wage Determination 452), of South Africa as amended from time to time, or of similar and appropriate laws of South Africa and of any other country in which the vehicle may travel during the period of hire.
The hirer undertakes to ensure that any lawful instruction given by the driver of the vehicle will be obeyed by the passengers insofar as it relates to the safety of the passengers and the vehicles concerned. The hirer further undertakes to ensure that the driver, approved by the Company, shall drive the vehicle at all times and that no passenger shall drive or attempt to drive the vehicle, obstruct, or impair the driver or any authorized person in the course of his duly. The hirer furthermore undertakes to ensure that the working hours of the driver are adhered to.
No vehicles are authorized to travel on gravel or dirt roads which, to the discretion of the driver, are Inaccessible or in such a condition that is dangerous for the passengers and or the bus ID travel on. It is the duty of the hirer to ensure that the itinerary will exclude road surfaces as mentioned above, and no claim may be made against the company should the trip be cancelled as a result thereof.
The Company reserves the right to decline to execute or to complete any contract should the above conditions not be strictly complied with. Such rights, when exercised by the Company, shall be without prejudice ID its rights to claim damages or other relief from the hirer.