Terms & Conditions
1. Definitions and interpretation
1.1 In this document and in the Confirmation, unless the context clearly shows otherwise:
1.1.1 "Basic Rental" means the amount shown in the Confirmation which the Hirer must pay to the Owner for the hire of the Bus during the Rental Period;
1.1.2 "the Bus" means the bus rented by the Owner to the Hirer as described in the Confirmation, together with all its equipment and accessories;
1.1.3 "Business Day" means any day other than a Saturday, Sunday or official national public holiday in the Republic of South Africa;
1.1.4 "the Confirmation" means the confirmation of details appearing at the front of these terms and conditions;
1.1.5 "Deposit" means 20% of the Basic Rental which the Hirer must pay to the Owner in order to secure the Hirer's booking for the Bus, as set out in the Confirmation;
1.1.6 "Driver" means the Owner's driver of the Bus provided to the Hirer during the Rental Period;
1.1.7 "End Date" means the time and date stated in the Confirmation when the Hirer must return the Bus to the Owner at the Owner's Premises, or the date on which the Driver will drop the last passengers off at the destination specified in the Confirmation;
1.1.8 "Hirer" means the person described as such in the Confirmation;
1.1.9 "Hire Agreement" means these terms and conditions and the Confirmation;
1.1.10 "Owner" means Luxliner Coaches (Pty) Limited with registration number 1996/001879/07;
1.1.11 "the Owner's Premises" means 6 Dunswart Avenue, Dunswart, Boksburg;
1.1.12 "Rental Period" means the period between the Start Date and the End Date; and
1.1.13 "Start Date" means the time and date stated in the Confirmation when the Hirer will take delivery of the Bus at the departure point specified in the Confirmation, or at the Owner's Premises.
1.2 The headings of the clauses of this Hire Agreement are included for reference purposes only and will not affect the interpretation of those clauses.
1.3 Words defined in any clause will have the meaning given to them in that clause.
1.4 In this Hire Agreement, unless the context clearly shows another intention, words in the singular include the plural (and the opposite applies); a reference to any gender includes the other genders; and a reference to an individual includes a body corporate, close corporation, firm or association (and the opposite applies).
1.5 If this Hire Agreement expires or terminates, this will not affect the provisions of this Hire Agreement which are provided to continue to have effect after that time, or which are required to continue to have effect after that time.
1.6 This Hire Agreement has been negotiated by the parties and drafted for their benefit, so the rule that the contract will be interpreted against the party responsible for drafting or preparing it will not apply.
1.7 Any provision in this Hire Agreement which is or may become illegal, invalid or unenforceable will not be effective to the extent of that prohibition or unenforceability, and will be treated as having not been written and cut out from the balance of this Hire Agreement. However, this will not invalidate the remaining provisions of this Hire Agreement or affecting their enforceability.
2. Hire
2.1 The Owner lets to the Hirer, which hires, the Bus and the Driver for the Rental Period.
2.2 Ownership in the Bus will always remain with the Owner.
3. Duration
3.1 This Hire Agreement will begin on the Start Date, continue for the Rental Period and end on the End Date, unless terminated earlier according to this Hire Agreement or, if the Hirer is an individual, according to section 14 of the Consumer Protection Act, 68 of 2008.
3.2 If the Hirer is a juristic person, no extension of the Rental Period will be effective unless it is in writing and signed by or on behalf of the Owner and the Hirer.
4. Rental
4.1 The Hirer will pay the Owner the Basic Rental.
4.2 The Basic Rental does not include the following, which must be paid directly by the Hirer:
4.2.1 meals and accommodation for the Driver; and
4.2.2 entrance fees in respect of premises, facilities and similar areas into which the Bus is driven.
4.3 If the Hirer is a juristic person, the individual signing this Hire Agreement binds himself/herself as surety and co-principal debtor with the Hirer for the payment of all or any amounts which become due and payable by the Hirer to the Owner in terms of this Hire Agreement.
The clause above is an assumption of risk, liability or both by the signatory. The signatory agrees to carry out all of the Hirer's payment obligations in terms of the Hire Agreement if the Hirer fails to. The signatory therefore assumes various financial obligations, and financial risk.
4.4 The Hirer must pay the Basic Rental to the Owner as follows:
4.4.1 the Deposit must be paid to the Owner within 24 hours of the date of the Confirmation;
4.4.2 the balance of the Basic Rental must be paid to the Owner in full on or before the Start Date and any other amounts which may be payable by the Hirer during the Rental Period must be paid on the End Date. If those amounts cannot be calculated on the End Date, then they must be paid within 7 days from the date on which the Owner issues a statement for those amounts to the Hirer; or
4.4.3 if the Owner, in its sole discretion, agrees to bill the Hirer at the end of the Rental Period, the balance of the Basic Rental and any other amount which may be payable by the Hirer must be paid within 30 days from the date on which the Owner issues a statement for those amounts to the Hirer.
4.5 On top of the Basic Rental, the Hirer must pay the Owner on demand for:
4.5.1 any damage or loss suffered by the Owner due to the Hirer not returning the Bus on the End Date, unless the Hirer is an individual and he/she has not told the Owner to end this Hire Agreement on the End Date, or has agreed to extend the Rental Period;
4.5.2 all fines and court costs levied against the Owner during the Rental Period in respect of the Bus for any legal violation involving the Bus, the Owner or the Hirer, unless the violation was the Owner's or the Driver's fault;
4.5.3 any legal costs incurred directly or indirectly by the Owner in enforcing any of its rights or recovering any amounts due in terms of or pursuant to any breach of this Hire Agreement by the Hirer; and
4.5.4 all costs incurred by the Owner in repairing any damage to the Bus caused by the Hirer breaching this Hire Agreement. The Hirer's liability under this
4.6 The Hirer must pay all amounts payable to the Owner in terms of this Hire Agreement by electronic transfer into the bank account specified by the Owner in writing, by bank-guaranteed cheque, or, in cash, free of bank and similar charges, at the Owner's Premises.
4.7 If the Hirer does not pay any amount due by the Hirer in terms of this Hire Agreement in full on the due date, then interest will be charged on the outstanding amount at the rate of 2% above the prime overdraft interest rate charged by Nedbank Limited from time to time as certified by a manger of any branch thereof, whose capacity will not need to be proved. This
5.1 The Owner has comprehensively insured the Bus against all loss or damage caused to the Bus. The Owner has also taken out passenger liability insurance up to R60 million per incident.
5.2 If the Bus is involved in any incident or accident, or is lost or stolen, and in order to, amongst other things, protect the Owner's interest in the insurance policies referred to in this 5, the Hirer must:
5.2.1 obtain the names of parties and witnesses involved in any incident, accident, theft or loss;
5.2.2 immediately notify the Owner and the police, giving full and correct details of any incident, accident, theft or loss;
5.2.3 never admit liability or guilt in respect of any incident or accident, or release any party from any liability or potential liability, or settle any claim or potential claim against or by any person, or accept any exclusion or limitation of liability;
5.2.4 under no circumstances, abandon the Bus without ensuring that it will remain safe and secure;
5.2.5 immediately deliver to the Owner any demand, notification, summons or similar legal document the Hirer receives relating to any claim, action or prosecution in connection with the Bus or any incident, accident, theft or loss involving the Bus; and
5.2.6 co-operate fully with the Owner and any authority in the investigation and defence of any prosecution, claim or action relating to any incident, accident, theft or loss involving the Bus.
6. Maintenance and repairs
6.1 The Hirer must use the Bus with due diligence and care and take all reasonable steps and precautions within its power and control to avoid any incident or accident, and to protect the Bus against loss, damage and unreasonable wear and tear.
6.2 The Owner will pay for the necessary servicing and repairing of the Bus as recommended by the manufacturers of the Bus. The Owner will also pay for any necessary repairs to and replacement of mechanical and electrical equipment, including batteries and tyres, except where such repair or replacement is necessary as a result of negligent use of the Bus by the Hirer or use of the Bus in breach of this Hire Agreement.
6.3 If the Bus breaks down or malfunctions due to a mechanical fault, the Hirer must immediately notify the Owner of that breakdown or malfunction and the place where the Bus is situated. Only the Owner or its duly authorised representative may repair the Bus. If the Hirer makes any repairs to the Bus without first obtaining the written permission of the Owner, the Hirer must pay for the costs of those repairs.
6.4 The Owner will provide the Hirer with another bus for the remainder of the Rental Period if the Bus is damaged, lost, stolen or becomes unfit for use, unless these events were caused by the Hirer breaching this Hire Agreement.
7. Hirer's general obligations
7.1 The Hirer must:
7.1.1 only allow the Bus to be used strictly according to this Hire Agreement and the terms and conditions of the insurance policies relating to the Bus. The Owner will give copies of these insurance policies to the Hirer on the Start Date, if requested by the Hirer;
7.1.2 only allow the Bus to be used for the purpose for which it was designed;
7.1.3 only allow the Driver to drive the Bus;
7.1.4 use the Bus only in the Republic of South Africa, unless the Owner has otherwise agreed in writing;
7.1.5 have no authority to incur any liability on behalf of the Owner, whether for repairs to the Bus or otherwise;
7.1.6 return the Bus to the Owner on the End Date in the same condition as when it was delivered to the Hirer, except for fair wear and tear.
7.2 Also, the Hirer:
7.2.1 may not transport any goods or luggage which may reasonably be expected to damage the Bus;
7.2.2 must not allow more passengers to be carried than the available number of seats on the Bus;
7.2.3 must ensure that all passengers sit in their seats at all times;
7.2.4 must not allow any passenger to smoke on the Bus;
7.2.5 must ensure that any lawful and/or reasonable instruction the Driver gives is obeyed if it relates to the safety of the passengers and the Bus; and
7.2.6 must ensure that no passenger, hinders, impedes or obstructs the Driver in the course of his duty.
7.3 If the odometer of the Bus fails or malfunctions, the Hirer must immediately report this to the Owner.
8. Acknowledgement
The Hirer acknowledges that it has carefully examined and inspected the Bus and hires the Bus in the condition in which it stands as at the Start Date.
The clause above is an acknowledgement of fact by the Hirer. The Hirer must read this clause carefully and ensure that the terms recorded in it are true and correct, because the Hirer will not be able to later claim that any information recorded in this clause was untrue or incorrect.
9. Cancellation and breach
9.1.1 cancellation more than 7 days before the Start Date: no cancellation charge will be payable;
9.1.2 cancellation between 2 and 7 days before the Start Date: a cancellation charge of 10% of the Basic Rental will be payable; or
9.1.3 cancellation one day or less before the Start Date: a cancellation charge of 20% of the Basic Rental will be payable,
unless the Hirer cancels this Hire Agreement because of the death or hospitalisation of the person for whom, or for whose benefit, the Bus was reserved.
The clause above constitutes an assumption of risk, liability or both by the Hirer as if the Hirer cancels this Hire Agreement before the Commencement Date, part-payment to the Owner may still be required. The Hirer therefore assumes financial obligation and financial risk.
9.2 Despite any other provision of this Hire Agreement, if the Hirer:
9.2.1 does not pay any amount due by the Hirer to the Owner in terms of this Hire Agreement on the due date ; or
9.2.2 tampers with the odometer of the Bus; or
9.2.3 commits or permits any other material breach of any term of this Hire Agreement,
and if the Hirer does not correct that breach: (i) if the Hirer is an individual person, within 20 Business Days, or (ii) if the Hirer is a juristic person, within 5 Business Days, after it has received written notice from the Owner requesting the Hirer to correct that breach, the Owner may immediately cancel this Hire Agreement.
9.3 Despite any other provision of this Hire Agreement, if the Owner breaches any term of this Hire Agreement and remains in breach for 5 Business Days after it has received written notice from the Hirer requiring the Owner to correct that breach, the Hirer may immediately cancel this Hire Agreement.
9.4 This clause does not limit any claim which either party may have against the other party for any amount payable in terms of this Hire Agreement up to the date of cancellation, for damages which that party may suffer because of the other party's breach of this Hire Agreement, or both.
9.5 This clause does not limit the parties' rights that they have in law.
10. Non-availability of the Bus
If the Bus is not available on the Start Date, the Owner will try to find another bus of the same or better quality, class and nature as the Bus, possibly from a third party.
11.1 The Hirer indemnifies the Owner against any claim by any person for any damage of any nature suffered due to any incident or accident involving the Bus where that incident or accident was caused by the Hirer's wilful default or gross negligence.
11.2 The Owner will not be liable for any damage arising out of any loss or damage to any property or luggage transported in or left in the Bus unless that loss or damage was caused directly or indirectly by the Owner's or the Driver's gross negligence.
The clauses above are assumptions of risk, liability or both by the Hirer and exclude the Hirer's rights and remedies against the Owner and all the persons listed in 11.3if:
- any person suffers damage as a result of an accident or incident involving the Bus, and that damage was caused by the wilful default or gross negligence of the Hirer; and/or
- any luggage or other property of the Hirer and/or any person transported on the Bus is lost or damaged.
The Hirer therefore assumes various financial and other obligations, and financial and other risk.
12. General
12.1 The Hirer may not transfer its rights, obligations or both under this Hire Agreement, or sub-let or give up possession of the Bus or any part of it.
12.2 The parties agree to the jurisdiction of the Magistrates Court having jurisdiction over the Hirer, even if the claim or the value of the matter in dispute exceeds the jurisdiction of the Magistrates Court.
12.3 The Hire Agreement is the whole agreement between the Owner and the Hirer. No amendment or consensual cancellation will be effective unless it is in writing and signed by or on behalf of the Owner and the Hirer. The Owner and the Hirer may not rely on any alleged provision not contained in this Hire Agreement.
12.4 The Owner and Hirer choose their physical and postal addresses appearing in the Confirmation as the addresses to which notices may be given and at which documents in legal proceedings may be served in connection with this Hire Agreement. A party may change that party's address for this purpose by giving written notice to the other party.
12.5 Any notice addressed to a party at its physical or postal address shall be sent by prepaid registered post and shall be treated as having been received 5 days after the date of posting.
12.6 No indulgence which either party gives to the other under this Hire Agreement will mean that the person giving that indulgence gives up any existing or future right which it may have. Furthermore, if either party uses any right, power or privilege, this will not prevent them from using any other right, power or privilege or that same right, power or privilege in the future.