Terms & Conditions
1. INTERPRETATION AND PRELIMINARY
1.1 Unless a contrary intention clearly appears the following terms shall have the meanings assigned to them hereunder, and cognate expressions shall have corresponding meanings
1.1.1 “agreement” means this agreement and all annexures and addenda and any written modifications or additions hereto or thereto;
1.1.2 “bus” means a vehicle which conveys passengers which includes commuter taxis;
1.1.3 “collection point” means the point from where you and the passengers will be collected to be taken to the event;
1.1.4 “drivers” means a person who has a current PDP valid licence without endorsement;
1.1.5 “drop off” means the return of the passengers from the event to an agreed point;
1.1.6 “events” means and shall include any place where the passengers have booked to go;
1.1.7 “fee/s” shall mean the tariff;
1.1.8 “parties” means Select a shuttle and you collectively and “party” shall refer specifically to either of them, in context;
1.1.9 “passengers” means you and the others for whom you have contracted;
1.1.10 “service” means the sourcing by Select a shuttle of a bus and driver to collect you and the passengers at a collection point and dropping the passengers at the agreed drop off point at the agreed to times and at the agreed tariff;
1.1.11 “signature date” means the date on which this agreement is signed by the party last signing;
1.1.12 “tariff” means the tariff annexed hereto marked “A”;
1.1.13 “pickup” means the collection by the driver of a passengers at a designated area and
1.1.14 “us/our” means Select a shuttle;
1.1.15 “vehicles” means the vehicles used by the drivers which are roadworthy and currently licenced;
1.1.16 “you” means the person contracting with us.
1.2 In interpreting or construing this agreement, unless the context indicates a contrary intention
1.2.1 a reference to the singular shall include the plural and vice versa;
1.2.2 a reference to a natural person shall include a legal entity (corporate and unincorporated) and the converse shall apply;
1.2.3 the headings of clauses in this agreement are for purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify any term or provision of this agreement, nor any clause hereof;
1.2.4 where in any definition rights and/or obligations are conferred and/or imposed, same shall be regarded and effect given thereto as a substantive provision of this agreement;
1.2.5 where any definition is contained in any clause (or sub-clause) the meaning/s ascribed shall apply when used elsewhere in this agreement, unless in the context a contrary intention is expressly indicated.
1.3 Any reference to an enactment is to that enactment as at the signature date, and as amended when re-enacted at any time subsequent thereto.
1.4 The terms, conditions, rights, promises, undertakings, covenants, restraints, obligations and provisions contained, conferred or imposed under this agreement (and all of which are for convenience referred to as “provisions”) are severable and divisible as to each provision or part thereof, and should any provision be found to be invalid or unenforceable by a competent Court, only to the extent of such finding, and subject to the Order of such Court, the remaining provisions or parts thereof shall remain of full force and effect.
1.5 Unless the context indicates otherwise, any reference to a number of days shall be a reference to a continuous period, and shall not be deemed to be a reference to business days, subject however to the provisions of the immediately preceding sub-paragraph.
1.6 Where any amounts are referred to in numerals and words, in the event of any conflict, the amount referred to in numerals shall prevail.
1.7 Annexures shall be deemed to be incorporated in and from an integral part of this agreement.
2.1 By booking a bus you accept the terms and conditions of the service.
2.1.1 The terms and conditions set out what we will be obliged to do and contains specific provisions to limit our liability.
2.1.2 By continuing with the aforesaid you accept the terms and conditions and limitation of liability.
2.2 If you are not yet 18 (eighteen) your parents or legal guardian must accept and sign these terms and conditions.
2.3 Select a shuttle does not own or manage or run the busses. We act as your broker to source the relevant driver and bus for your requirements.
3.1 You are solely responsible for all or any fees that may apply to the service supplied.
3.2 We reserve the right to make changes to these terms and conditions.
3.4 We will not be liable for any damages or loss howsoever caused during utilising of the services.
3.5 These terms and conditions are the conditions upon which we are willing to contract with you and on which the driver is willing to convey you to the event.
3.6 You being the person booking the services and by accepting the terms and conditions are accepting the terms and conditions for all the other passengers and you are indemnifying us for any liability that may arise for whatever reason and from whatever source as set out more fully hereunder.
3.6.1 You booking the bus are liable for all or any damages or costs incurred that may arise in the utilisation of the bus caused by you or a passenger, whether it be actual physical damage or the necessity of cleaning the bus.
3.7 Should anyone of the passengers in the bus misbehave, cause a nuisance or endanger the safety of the driver, vehicle or fellow passengers, that passenger will be asked to get off the bus immediately. Should that passenger fail to acquiesce to the demands of the driver, the driver will proceed to the nearest police station and request the police’s intervention.
3.8 Music will be played at a level that the driver feels comfortable with, who has the right to turn the music off completely if he deems it necessary in his sole and absolute discretion.
3.9 Non alcoholic beverages may be drunk on the bus subject to the passengers ensuring that the bus is not soiled or damaged.
3.10 No alcohol is allowed to be consumed on the bus as this constitutes drinking in public and constitutes a criminal offence.
3.11 The passengers cannot transact with the driver in any manner or form.
3.12 We act as a broker for the providers of the drivers and busses who in turn obtain the services of a driver and busses for you.
3.13 We reserve a bus for the event on your behalf and collect payment of the tariff from you.
4.1 In order to reserve a bus for the event you will be obliged to complete the booking form to which these terms and conditions are attached. By you completing the booking form you acknowledge that you have read these terms and conditions and these terms and conditions are binding on you.
4.2 You may not reserve the bus unless you are over the age of 18(eighteen) or duly assisted by your parent or legal guardian.
4.3 When you submit the booking requirement from us it will constitute an offer on the terms and conditions as contained in the terms and conditions herein and it is open to us for acceptance to conclude a binding agreement with you.
4.4 On receipt of your booking request we will confirm with you the acceptance of the request.
4.5 On us sending our confirmation of the acceptance of your booking request, a legal binding contract will be formed between us and you.
4.6 We are under no obligation to accept your booking request.
4.7 Payment must be effected within 12 (twelve) hours of the confirmation notice being despatched by us to you. The confirmation and acceptance may also include oral confirmation.
4.8 Should we not receive the funds (which funds are immediately accessible) in our account within 12 (twelve) hours, we may, in our discretion, cancel the booking request.
4.9 Quotations are valid for a period of 15 days.
4.10 Select a Shuttle reserves the right to amend a quotation in line with current capacity and/or fuel price adjustments.
5.1 The vehicles are rented out in different configurations, i.e., 7,12, 16, and 23 seaters. Either as an exclusive shuttle, private shuttle or as an event shuttle
5.2 A booking request is in respect of the number of passengers and which type of shuttle you require.
5.3 Under no circumstances will the driver allow any additional passengers in the bus over its maximum capacity.
5.4 Whether you have the maximum number of passengers, in the bus or not, the bus is charged out at a rate.
5.5 The tariffs are dependent on the type of configuration, the shuttle type, distance travelled, the time of collection, the time of pick up and return. The tariffs per configuration and shuttle type are annexed hereto marked “A”.
6.1 You will be obliged to make payment within 12 (twelve) hours of the confirmation notice being despatched by us to you or the oral confirmation. The payment is to be effected into the following bank account –
First National Bank
Select a Shuttle (Pty) Ltd
Branch Code: 212217
6.2 On payment you are to email or telefax the confirmation of payment to the following email and/or telefax number
/086 239 8137. You must include your reference number furnished to which reference number will be on the confirmation notice despatched by us.
7. CANCELLATION AND REFUNDS
7.1 You may cancel any booking submitted to us. We will charge a cancellation fee and refund you in terms of the following –
7.1.1 30 days before the event – 80% refund;
7.1.2 15 days before the event – 50% refund; and
7.1.3 2 days before the event – 10% refund,
of the total paid tariff by you.
8. LIABILITIES AND INDEMNIFICATION
8.1.1 We will not be liable to for any damages including any indirect, special or consequential losses or damages howsoever arising, whether in statute or in delict, including negligence, save to the extent that such liability cannot be excluded by law.
8.1.2 In no event will our aggregate liability for all claims arising in connection of the services irrespective of the cause of action, whether contract, statute or delict, including for negligence, save to the extent that such liability cannot be excluded by law be greater than the fee charged.
8.2 You hereby irrevocably indemnify Select a shuttle, its directors and employees against any claims for any damages which may be sustained against any one of them, including the driver who is not an employee of Select a shuttle, but your agent, by you or any of the passengers, your or their estates or successors in title arising out of or in connection with any conduct of the passenger/s or the driver, its directors or the employees.
Each and every provision and/or clause embodied in the agreement, is hereby declared to be severable and divisible from each other. Accordingly, but without limiting the consequences or effect of the foregoing, in the event that any one or more of the clauses and/or provisions and/or rights and/or obligations, contained in the agreement are declared to be invalid or unenforceable, for whatever reason, then and in such event such invalidity and/or unenforceability shall in no way whatsoever affect and/or detract from, and/or limit, and/or inhibit, and/or derogate from, the enforceability and/or validity of the remaining clauses and/or provisions of the agreement, and/or the rights and/or obligations of any Party under this agreement.
10.1 Save where a clause provides its own remedy, if you commit any breach of this agreement; and
10.2 if the breach is capable of being remedied, fails to remedy it within receipt of written notice requiring that it be remedied;
10.3 if the breach is not capable of being remedied, and it goes to the root of this agreement;
10.4 We may
10.4.1 cancel this agreement; and
10.4.2 from you claim such additional damages as we may have suffered and, pending the quantification of the damages, retain all such payments to be applied towards payment of the damages when they are quantified.
10.5 The right to claim damages shall, as permitted in Law, arise in respect of any breach, irrespective as to whether cancellation is consequent thereupon.
The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for such;
12. ENTIRE AGREEMENT
This Agreement contains all the express provisions agreed on by the Parties relating to the subject matter of the Agreement and the Parties waive the right to rely on any express or tacit or implied provisions not contained herein.
13. DOMICILIA CITANDI ET EXECUTANDI
13.1 The parties choose as their respective domicilia citandi et executandi for all purposes under this agreement, whether in respect of Court process, notices or other documents or communications of whatsoever nature (including the exercise of any option) the following addresses
13.1.1 Select A Shuttle (Pty) Ltd
13.1.2 As per physical address and email address
13.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing, but it shall be competent to give notice by telefax which shall be confirmed by subsequent hand or postal delivery, it being recorded that the date from which time will run will nevertheless be from the date on which the telefax is deemed to have been received.
13.3 Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that party to another physical address in South Africa or its telefax number, provided that the change shall become effective vis-à-vis that addressee on the 5th (FIFTH) business day from the deemed receipt of the notice by the addressee.
13.4 Any notice to a party
13.4.1 sent by prepaid certified mail in a correctly addressed envelope to it at its domicilium citandi et executandi shall be deemed to have been received on the 7th (SEVENTH) business day after posting, unless the contrary is proved;
13.4.2 delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
13.4.3 sent by email to its chosen email address stipulated in clause 13.1 shall be deemed to have been received on the date of despatch, unless the contrary is proved.
13.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
14.1 Should any provision of this agreement be in conflict with any Act of the regulation promulgated thereunder, the Act or regulation shall prevail. Such conflict will not invalidate the remainder of the terms of the agreement.
14.2 entire contract – This Agreement contains all the express provisions agreed on by the Parties relating to the subject matter of the Agreement and the Parties waive the right to rely on any express provisions not contained herein.
14.3 variation and suspension – No agreement varying this Agreement and no suspension of any right under this Agreement shall be effective unless reduced to writing and signed by or on behalf of all the Parties.