TERMS AND CONDITIONS
By completing a Registration Form and providing Classic Vehicles (as defined below) for hire as well as accepting a Booking through the Classic Rides (in the following “CR”) web portal (in the following “Website”), the Owner will be deemed to have read, understood and agreed to our Terms and Conditions (in the following “Terms”) and the terms of the clearance provider from time to time.
CR provides a booking platform for Customers to hire Classic Vehicles from their Owners, for various occasions or events.
Owners make available their vehicles for hire through the CR booking service to target Customers wishing to book a Classic Vehicle.
The following definitions and rules of interpretation apply in this agreement.
- Booking: when Customers book Classic Vehicles for hire through the Website.
- Booking Fee: As defined in Clause 6.4.
- Business Day: a day other than a Saturday, Sunday or public holiday in the Republic of South Africa when banks are open for business. Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
- Classic Vehicle: the classic vehicle uploaded on the Website by the Owner.
- Confidential Information: has the meaning given in clause 12.
- Contract: a contract for the provision of Services between CR and the Owner.
- Customer: an individual, business, company or other entities whether incorporated or not who/which hires Classic Vehicles from the Owner through the Website.
- Day: a period of 24 consecutive hours ending at 12.00 midnight.
- Fee: means the Hiring Fee and the Booking Fee.
- Force Majeure Event: has the meaning given in clause 11.
- Hiring Fee: the fee which the Customer pays to the Owner for the hire of the Classic Vehicle.
- Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Month: a calendar month.
- Owner: the owner of the Classic Vehicle.
- Registration Form: The form which the Owner must complete in order to make use of the Services.
- Service: services provided by CR to the Owner using the CR booking service for hire of Classic Vehicles.
- VAT: value added tax chargeable under the Value Added Tax Act 1991. Week: any period of seven consecutive Days.
- Year: any period of 12 consecutive Months.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representative successors and permitted assigns.
1.3 A reference to a Owner shall include any Owner, corporation or other body corporate, wherever and however incorporated or established.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
1.7 A reference to writing or written includes email.
1.8 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.9 References to clauses and Schedules are to the clauses and Schedules of these Terms.
1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense the words, description, definition, phrase or term preceding those terms.
2. COMMENCEMENT AND TERM
2.1 If the Owner wishes to make use of the Services, the Owner must complete the Registration Form and forward this to CR along with the photos of the Classic Vehicle which the Owner wishes to upload on the Website.
2.2 Once CR receives the Registration Form and the photos of the relevant Classic Vehicle, CR will review the Registration Form and the photos and notify the Owner in writing whether CR can accept the Registration Form and the photos. A Contract between the Owner and CR will only be formed once the Owner has received CR’s acceptance of the Registration Form and the photos.
2.3 These Terms shall be valid from the time that CR has received the Owner’s completed Registration Form and shall subject to clause 2.4 continue until all Classical Vehicles have been removed from the Website.
2.4 In the event that the Owner wishes to terminate the Contract with CR then these Terms will remain in effect until all Bookings have been honored in full by the Owner. Any Bookings outstanding at the date of the termination will be the sole responsibility of the Owner and any refunds or re-arrangements to be made shall be done by the Owner and at their own cost. The Owner shall indemnify CR on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by CR arising out of or in connection with this clause 2.4.
3. SUPPLY OF SERVICES
3.1 CR shall provide the Services to the Owner in accordance to the Terms.
3.2 CR shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and CR shall notify the Owner in writing in any such event.
3.3 CR shall provide the Services using reasonable care and skill.
4. OBLIGATIONS OF CR
4.1 CR shall make the Website available for Bookings, but CR cannot due to the nature of internet services guarantee that the Website is available at all times.
4.2 In the event the Website is unavailable, CR shall attempt to solve any issues with the Website as soon as practically possible.
4.3 CR’s booking process will ask the Customer for information which is intended to provide the Owner with basic information about the Customer and its requirements, but CR accepts no liability for any information provided by the Customer or any information not provided by the Customer. It is the Owner’s own responsibility to ensure that the Owner has all the information needed to provide hire services to the Customer and that the Owner has uploaded such restrictions about the relevant Classic Vehicle which the Owner deems necessary and that the Owner has communicated such restrictions to the Customer before the Customer uses the relevant Classic vehicle.
4.4 The Owner acknowledges that CR only operates a Booking Website, and CR has no influence on the number of Bookings made and cannot guarantee any level of revenue or any particular type of Customer.
4.5 CR shall release the details of the Customer to the Owner once the Booking has been placed and the Booking Fee has been paid to CR in cleared funds in order for the Owner and the Customer to communicate where necessary in relation to the Booking.
4.6 CR shall communicate with the Owner via SMS. WhatsApp and/or email in relation to all confirmed Bookings.
5. OBLIGATIONS OF THE OWNER
5.1 The Owner shall make available one or more Classic Vehicles for Customers to book on the Website as set out in the Registration Form. The Owner warrants that the Classic Vehicles comply with all relevant laws and regulations of the country in which they are being used.
5.2 The Owner shall be responsible for uploading information regarding the Classic Vehicles to the Website. CR reserves the right to require the Owner to photograph the Classic Vehicles and the Owner agrees to cooperate with CR in this regard at all times, where reasonable. CR must provide its express prior written consent to any photos being uploaded to the Website throughout the duration of these Terms.
5.3 1) The Owner warrants that all information which the Owner has provided to CR and/or the Customer through the Website in relation to the Classic Vehicles shall be true and accurate and that all Classic Vehicles listed are properly registered, taxed, service maintained and are compliant with the laws and rules of the country in which they will be used and 2) The Owner warrants that the photos and other information which the Owner has provided to CR does not infringe any third party’s Intellectual Property Rights and the Owner grants CR a perpetual, irrevocable and license free use of the photos and the information.
5.4 The Owner acknowledges that CR does not provide any kind of insurance for Classic Vehicles, the Customers, drivers or passengers and that the Owner therefore warrants that the Owner has taken out insurance of covering the Classic Vehicles and their drivers and the Customers and any passengers in every regard and any other insurances which the Owner is obliged to take out and maintain in the country, where the Classic Vehicles are to be used.
5.5 In the event that the Classic Vehicle booked becomes unavailable for the Customer, the Owner shall at his own cost use his reasonable endeavors to provide a replacement vehicle (where possible) of same or higher standard at no extra cost to the Customer or to CR. Where this is not possible, the Owner shall provide a full refund to the Customer of any amount paid by the Customer at no cost to CR and the Owner shall indemnify CR on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by CR arising out of or in connection with this clause 5.5.
5.6 In the event that a booked Classic Vehicle breaks down whilst carrying a Customer, the Owner agrees that the Owner will provide reasonable compensation to the Customer and agrees that this remains entirely an issue between the Owner and Customer and that CR does not accept any responsibility or liability.
5.7 In case of clause 5.5 and/or 5.6 above, the Owner shall contact the Customer immediately to inform them of any changes or delays.
5.8 The Owner shall agree with the Customer the details of the Booking and shall make all arrangements between the Owner and the Customer for the booking of the Classic Vehicle.
5.9 The Owner agrees to contact the Customer in good time if any details of the Customers Booking are unclear.
5.10 The Owner shall ensure that all contact information provided to CR is up to date and accurate at all times and that any email accounts used by CR to contact the Owner are free from any filters preventing email correspondence from being received in a timely manner.
5.11 The Owner shall ensure that all drivers (if provided by the Owner with the Classic Vehicle(s)) hold a valid drivers license and complies with all laws, rules and regulations of the laws of the country where the Classic Vehicle is to be used and that drivers are free from the influence of any drugs or medication.
5.12 All drivers shall wear suitable business attire when on a booking through CR, if a driver is provided with the Classic Vehicle.
5.13 Where a driver is provided for the Booking, the driver is the sole responsibility of the Owner. CR accepts no liability for the illegibility, ability, legality or anything else relating to the driver.
5.14 The Owner agrees to ensure that all enquiries from potential Customers are answered within 48 hours.
5.15 The Owner is under no obligation to accept a Booking for any reason.
5.16 The Owner agrees to make the Classic Vehicle available for viewing to Customers after a Booking Fee has been paid at a mutually agreeable time and date.
6. COSTS OF BOOKING
6.1 The Fees which are payable under the Terms consist of a Hiring Fee and a Booking Fee which the Customer will pay when Booking of the Classic Vehicle. CR will keep the Booking Fee, and the Hiring Fee will be paid to the Owner in accordance with the Terms.
6.2 With the notification which CR will send to the Owner under clause 2.2, CR will also notify the Owner of the Hiring fee which CR intends to advertise the Classical Vehicle at on the Website.
6.3 If the Owner disagrees with the Fee, the Owner must notify CR thereof within 7 Business days after receipt of the notice mentioned in clause 2.2, and the advertisement of the Classic vehicle shall be taken down if CR and the Owner cannot agree the Fee.
6.4 The Booking Fee shall be the entire fee payable on booking of the Classic Vehicle directly from the Customer to CR through the booking process (“Booking Fee”)
6.5 If VAT is payable, VAT shall be charged at the prevailing rate in the relevant jurisdiction and paid by the Owner and/or the Customer as the case may be.
7.1 The Owner shall indemnify CR on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Owner arising out of or in connection with:
- (a) the Owner’s breach or negligent performance or non-performance of these Terms;
- (b) the enforcement of these Terms;
- (c) any claim made against CR by a third party arising out of or in connection with the provision of the Services, to the extent that such claim does not arise out of the negligent performance or failure or delay in performance of these Terms by CR, its employees, agents or subcontractors.
7.2 Nothing in this clause shall restrict or limit CR’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
7.3 Nothing in the Terms shall limit or exclude the liability of either party for:
- (a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable).
- (b) Fraud or fraudulent misrepresentation or willful default.
- (c) Any matter in respect of which it would be unlawful to exclude or restrict liability.
7.4 The Owner understands that CR is a booking agent and that CR does not have any control over the Customer or the Customers booking.
7.5 SUBJECT TO CLAUSE 7.3 IN NO EVENT SHALL CR, ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THEIR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THEIR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CR OR AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8. NON SOLICITATION
8.1 During the term of these Terms and for a period of 1 year after the Owner has listed with CR, the Owner will not directly or indirectly;
- (a) solicit the business or patronage of CR for any person or entity;
- (b) divert, entice or otherwise take away from CR, the business or patronage of CR;
- (c) solicit or induce any party to terminate or reduce its relationship with CR; or
- (d) directly or indirectly cause any employee or consultant of CR to terminate their relationship with CR.
9. FEES AND PAYMENT
9.1 After the Owner has confirmed availability for a booking, CR will ask the Customer for a deposit of 50% of the Hiring Fee. Once this has been received, the booking will be confirmed and the Owner will be notified to book the relevant timeslot off.
9.2. CR requires the Customer to pay a minimum of 50% of the Hiring fee to confirm a booking. The Customer may then either 1) pay the balance to CR before the booking takes place or 2) pay the balance to the Owner at the commencement of the booking. In case 2, it is the sole responsibility of the Owner to collect payment from the Customer and the Owner agrees that the Owner shall not hold CR responsible for payment of the remaining Hiring fee and that no liability shall be placed with CR for settlement of the Booking. In both cases the Owner will be notified the amount (if any) they are required to collect.
9.3 In the event where CR shall release a Hiring Fee to the Owner, the Hiring Fee shall be released to the Owner between 2 to 5 Business Days after the hiring of the relevant Classic Vehicle has completed.
9.4 CR are not responsible for any local vat, taxes or other local expenses that the Owner is bound by and shall not be deemed to be liable to pay for these.
9.5 In the event that a Booking has been cancelled, then the Owner agrees that the Owner shall not hold CR responsible for payment of the cancelled booking and that no liability shall be placed with CR for settlement of the Booking.
9.6 In the event that a Confirmed Booking (where the deposit has been paid) is cancelled by the Customer, the Owner is entitled to the deposit less CR's Booking Fee. The owner may instead refund this fee to the Customer in light of the Customer's reasons for cancellation.
10.1 In the event that the Owner cancels a Booking within the 24 hours prior to a booking date and time, the Booking Fee shall be refunded to the Customers at the Owners cost and this shall not be the responsibility of CR.
10.2 In the event that the Customer cancels a pre-booked Classic Vehicle, then the Customer shall not be refunded the Booking Fee, unless statutory rights such as applicable consumer regulations states so, and in such instance the Booking Fee must be paid by the Owner.
10.3 Nothing in these Terms shall be deemed to mean that any statutory rights of the Owner if the Owner is a consumer have been restricted. To exercise the right to cancel, the Owner must inform CR at Classic Rides, 23 Shanklin Crescent, Camps Bay, Cape Town 8005, email: firstname.lastname@example.org,za, telephone: +27 (0)63 208 4247 of the Owner’s decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or email).
10.4 If the Owner wishes to exercise his statutory right in clause 10.3 to cancel the Owner has 14 days after the day CR emails the notification in clause 2.2 to cancel the Contract. As mentioned in clause 2.4 any Bookings outstanding at the date of the termination will be the sole responsibility of the Owner and any refunds or re-arrangements to be made shall be done by the Owner and at their own cost.
11. FORCE MAJEURE
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
12.1 Each party undertakes that it shall not at any time, and for a period of five years after ceasing the relationship, disclose to any person any confidential information concerning the business, affairs, parties, customers or companies of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 12.2.
12.2 Each party may disclose the other party’s confidential information:
- (a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause; and
- (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations.
13.1 Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect by giving written notice to the other party if
- (a) the other party commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
- (b) the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with its intention or ability to give effect to the terms of this agreement;
- (c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a Owner) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or other companies or the solvent reconstruction of that other party;
- (d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a Owner) other than the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
- (e) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a Owner);
- (f) the holder of a qualifying floating charge over the assets of that other party (being a Owner) has become entitled to appoint or has appointed an administrative receiver;
- (g) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; (h) the other party (being an individual) is the subject of a bankruptcy petition or order;
- (i) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 days;
- (j) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
13.2 For the purposes of clause 13.1(b), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from:
- (a) a substantial portion of these Terms; or
- (b) any of the obligations set out in these Terms,
13.3 In the event that the Customer cancels a booking, no payment shall be taken unless the cancellation has been made after a booking has been confirmed with the Owner (once the Customer has paid a deposit).
14. CONSEQUENCES OF TERMINATION
14.1 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in force and effect.
14.2 Termination or expiry of these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.
15. MONEY LAUNDERING
The Owner shall provide such documents as CR requires to comply with applicable money laundering rules and regulations from time to time in place, and the Owner acknowledges that CR shall be entitled to store such documents as long as the applicable rules and regulations require.
16. ENTIRE AGREEMENT
16.1 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19. RIGHTS AND REMEDIES
Except as expressly provided in these Terms, the rights and remedies provided are in addition to, and not exclusive of, any rights or remedies provided by law.
20.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
20.2 If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.
22. TIME OF THE ESSENCE
Time is of the essence for any obligation in this agreement.
23.1 Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre- paid first- post or other next working day delivery service at its registered office (if a Owner) or its principal place of business (in any other case).
23.2 Any notice or communication shall be deemed to have been received:
- (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
- (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the de service;
- (c) if sent by fax, at 9.00 am on the next Business Day after transmission.
23.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, “writing” shall not include email.
24. DATA PROTECTION
25. THIRD PARTY RIGHTS
No one other than a party to these Terms their successors and permitted assignees, shall have any right to enforce any of its terms.
26. GOVERNING LAW
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall governed by and construed in accordance with the law of the Republic of South Africa.
Each party irrevocably agrees that the courts of the Republic of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or its subject matter or formation (including non- contractual disputes or claims).