OWNERS TERMS AND CONDITIONS
By completing a Registration Form or offering a Classic Vehicle for hire and/or accepting a Booking through the Classic Rides Website the Owner is deemed to have read, understood and agreed to these Terms and Conditions and the Owner accepts them as valid, binding and applicable.
Classic Rides 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 Classic Rides online booking service, subject to these Terms and Conditions, to target Customers wishing to book a Classic Vehicle.
The following definitions and rules of interpretation apply in this agreement.
1.1.1. “Add Car Form”: Online form submitted by the Owner uploading details of the Classic Vehicle.
1.1.2. “Booking”: when a Customer books a Classic Vehicle/s for hire through the Website.
1.1.3. “Booking Fee”: the 10% commission and any additional fees, such as an administration fee, which Classic Rides may charge.
1.1.4. “Business Day”: any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
1.1.5. “Business Hours”: the period from 9h00 to 17h00 on any given Business Day.
1.1.6. “Classic Rides”: means Joshua Simon Kotlowitz trading as Classic Rides
1.1.7. “Classic Vehicle”: the classic vehicle uploaded on the Website by the Owner.
1.1.8. “Confidential Information”: has the meaning given in clause 12.
1.1.9. “Contract”: a contract for the provision of Services between Classic Rides and the Owner.
1.1.10. “Customer”: an individual, business, company or any other entities whether incorporated or not who/which hires Classic Vehicles from the Owner through the Website.
1.1.11. “Deposit” : a payment made by the Customer to Classic Rides equal to at least 50% of the Total Fee
1.1.12. “Day”: a period of 24 consecutive hours ending at 12.00 midnight.
1.1.13. “Hiring Fee”: the percentage of the Total Fee which Classic Rides pays over to the Owner for the hire (by the Customer) of their Classic Vehicle.
1.1.14. “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.
1.1.15. “Month”: a calendar month.
1.1.16. “Owner”: the registered owner of the Classic Vehicle.
1.1.17. “Registration Form”: The form which the Owner must complete in order to make use of the Services offered by Classic Rides
1.1.18. “Service”: Services provided by Classic Rides to the Owner using the Classic Rides booking service for hire of Classic Vehicles.
1.1.19. “Total Fee”: The total fee payable for the booking and hiring of the Classic Vehicle by the Customer directly to Classic Rides through the booking process.
1.1.20. “VAT”: value added tax chargeable under the Value Added Tax Act 1991.
1.1.21. “Website”: Classic Rides online portal located at www.classic-rides.co.za
1.1.22. “Week”: any period of seven consecutive Days.
1.1.23. “Year”: any period of 12 consecutive Months.
1.2. A person includes a natural person and juristic persons, incorporated or unincorporated and that person’s personal representative, legal representative, successors and permitted assigns.
1.3. A reference to an Owner shall include any Owner, or nominee of the Owner, 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 nominees.
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 and Conditions.
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, TERM AND TERMINATION
2.1. If the Owner wishes to make use of the Services offered by Classic Rides, the Owner is required to complete the online Registration Form and Add Car Form.
2.2. The Owner must complete the online Add Car Form and submit it to Classic Rides along with photographs of the Classic Vehicle and any additional information about the Classic Vehicle.
2.3. Classic Rides will notify the Owner, via email, if (in their sole discretion) they have accepted the Classic Vehicle stipulated in the Add Car Form.
2.4. Once Classic Rides receives the Owner’s completed Add Car Form, it will review the Add Car Form together with the photographs and additional information supplied. This will be done before the Owner’s car becomes available on the Website.
2.5. The Owner will inform Classic Rides of the price at which they wish to rent their Classic Vehicle to Customers. This price is an hourly rate together with an optional relocation fee.
2.6. These Terms and Conditions shall be valid and binding on the Owner subject to Clause 2.7, continue to be in force and effect until all Classical Vehicles have been removed from the Website by either the Owner or Classic Rides.
2.7. In the event that the Owner wishes to terminate their contract with Classic Rides then these Terms and Conditions will remain in effect until all Bookings have been honoured in full by the Owner.
2.8. Any Booking outstanding or unfulfilled at the date of termination will be the sole responsibility of the Owner and the Owner shall be liable for any refunds or re-arrangements and are to be made at their own expense. The Owner further indemnifies Classic Rides as is evident from Clause 6.
3. OBLIGATIONS OF CLASSIC RIDES
3.1. Classic Rides shall provide their Services to the Owner in accordance with these Terms and Conditions.
3.2. Classic Rides shall have the right and may at its sole discretion, change any of these Terms and Conditions at any time. Classic Rides will notify the Owner, in writing, of any material changes to these Terms and Conditions.
3.3. Classic Rides shall make the Website available for Bookings, but Classic Rides cannot due to the nature of internet services guarantee that the Website will be available and/or operational at all times.
3.4. In the event the Website is unavailable, Classic Rides shall attempt to solve any issues with the Website as soon as reasonably possible.
3.5. The Classic Rides booking process will ask the Customer for information which is intended to provide the Owner with basic information about the Customer and their requirements for the scheduled Booking. Classic Rides will not be liable for any information supplied or not supplied by the Customer to the Owner or from the Owner to the Customer.
3.6. Classic Rides shall communicate with the Owner via SMS, WhatsApp and/or email in relation to all confirmed Bookings.
3.7. Classic Rides shall pay the Deposit received from the Customer to the Owner, less Classic Rides’ Booking Fee, within 2-5 business days from the date the Booking was confirmed.
3.8. Once the Total Fee or the Deposit has been paid to Classic Rides, the Owner will receive the Customer’s contact information from Classic Rides in order to communicate with the Customer about the Booking.
4. OBLIGATIONS AND WARRANTIES OF THE OWNER
4.1. The Owner warrants that any Classic Vehicle/s supplied or uploaded or tendered to Classic Rides are roadworthy and comply with any and all relevant laws and regulations in the Republic of South Africa.
4.2. The Owner shall be responsible for uploading all the relevant information regarding the Classic Vehicle/s to the Website. Classic Rides reserves the right to require the Owner to photograph the Classic Vehicle/s and the Owner agrees to cooperate with Classic Rides in this regard at all times, where reasonable.
4.3. The Owner warrants that all information which the Owner has provided to Classic Rides and/or to the Customer through the Website or otherwise in relation to the Classic Vehicles or the Owner’s nominated driver shall be true and accurate.
4.4. The Owner warrants that any and all Classic Vehicles listed on the Website are properly registered, taxed, service maintained, properly maintained and roadworthy at the commencement of any Booking and are compliant with the laws and rules of the Republic of South Africa.
4.5. The Owner shall ensure that the Classic Vehicle is washed, vacuumed and clean, both inside and outside and have a full tank of petrol, at the commencement of the Booking.
4.6. The Owner warrants that any photographs and other information which the Owner has provided to Classic Rides does not infringe on any third party’s Intellectual Property Rights and the Owner grants Classic Rides a perpetual, and irrevocable license to use the photographs of the Classic Vehicle.
4.7. The Owner warrants that the Owner or the Owner’s nominated driver has a valid driver’s license and any other requisite permits that may be required by law and that drivers are free from the influence of any drugs, alcohol or medication at the time of driving the Customer.
4.8. The Owner acknowledges and accepts that Classic Rides does not provide any kind of insurance for Classic Vehicles, the Customers, drivers or passengers. The Owner therefore warrants that the Owner has taken out comprehensive insurance which covers, inter alia, the Classic Vehicles, their drivers, the Customers and any other passengers, in every regard. The Owner further warrants that he has taken out any other forms of insurance which he may be so obliged to do in terms of the laws of the Republic of South Africa.
4.9. The Owner shall contact the Customer immediately or as soon as reasonably possible to inform the Customer of any changes or delays to the Booking.
4.10. The Owner hereby indemnifies Classic Rides, its employees shareholders, directors, members and assigns against any loss, liability, injury, death, damage or claims of whatsoever nature (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by Classic Rides arising out of the Service or Booking or any aspect thereof.
4.11. In the event that a booked Classic Vehicle breaks down whilst carrying a Customer, the Owner agrees and undertakes that the Owner will provide reasonable compensation to the Customer ( to be decided in the sole discretion of Classic Rides) and agrees that this remains entirely an issue between the Owner and Customer and that Classic Rides is not responsible or liable in any respect.
4.12. The Owner shall at least 2 days prior to the Booking contact the Customer to confirm the details of the Booking and make sure the necessary arrangements for the Booking are in order.
4.13. The Owner agrees to contact the Customer in good time if any details of the Customer’s Booking are unclear.
4.14. The Owner shall ensure that all contact information provided to Classic Rides is up to date and accurate at all times.
4.15. If an Owner provides a driver with the Booking, the driver shall wear suitable business attire when carrying out the Booking through Classic Rides.
4.16. Where the Owner provides a driver for the purposes of the Booking, the driver shall be the sole responsibility of the Owner. Classic Rides accepts no liability for the ineligibility, inability, illegality, misconduct, negligence, omissions or another other act or omission of the Owner or driver whatsoever.
4.17. The Owner agrees to use its best endeavours to ensure that all enquiries from potential Customers are answered within 48 hours.
4.18. The Owner is under no obligation to accept a Booking for any reason. Once the Owner receives a Booking request, the Owner may choose to accept, decline, change the price or request additional information from the Customer.
4.19. Once the Owner has accepted the booking request, or the Customer has accepted the Owner’s change of Total Fee that would be payable, the Owner is thereafter obliged to carry out the Booking as per the accepted Hiring Fee.
4.20. After the Deposit has been paid, the Owner agrees to make the Classic Vehicle available for viewing and inspection by the Customer at a mutually agreed upon place, time and date.
4.21. The Owner acknowledges that Classic Rides only operates as a Booking Website, and Classic Rides has no influence on the number of Bookings made for the Classic Vehicle and cannot guarantee any level of revenue or any particular type of Customer.
4.22. The Owner shall at all times conduct himself in a proper and professional manner when dealing with Customers and Classic Rides, and the Owner shall ensure that his nominated driver (where applicable) likewise conducts himself professionally and courteously.
4.23. In the event that the Booking goes over the time specified in the Booking by 20 minutes, the Owner bears the onus of informing the Customer that there is an additional overtime fee and what that over time fee will be. This additional charge should be paid over to Classic Rides, acting as the Owner’s agent who will then pay it over to the Owner.
4.24. The Owner furthermore warrants that they shall not:
4.24.1. use the Website to request, make or accept a booking independent of the Website, to circumvent any Bookings Fees or for any other reason;
4.24.3. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Classic Rides or any of Classic Rides’ providers or any other third party to protect the Website;
4.24.4. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
4.24.5. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or
4.24.6. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website
5. BOOKING COSTS
5.1. The Total Fees which are payable under the Terms and Conditions consist of a Hiring Fee and a Booking Fee.
5.2. Classic Rides will charge a Booking Fee on top of the Hiring Fee.
5.3. Classic Rides will retain the Booking Fee and the Hiring Fee will be paid over to the Owner.
5.4. 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.
6. LIMITATION OF LIABILITY AND INDEMNITES
6.1. The Owner shall be liable for and hereby indemnifies and releases Classic Rides, its employees shareholders, directors, members and assigns against all loss, liability, damages claims or expense of whatever nature which Classic Rides, or Customer may suffer as a result of, or which may be attributable to the failure by, the Owner or the Owner’s nominee to perform any of its obligations set out in these Terms and Conditions including, without limitation, any loss or damage caused by or arising from:
6.1.1. the Owner’s breach or negligent performance or non-performance of these Terms and Conditions;
6.1.2. the enforcement of these Terms and Conditions;
6.1.3. any claim made against Classic Rides whatsoever, including but not limited to those arising out of or in connection with the provision of the Services, or in relation to the Booking to the extent that such claim does not arise out of the grossly negligent performance or wilful failure or delay in performance of these Terms and Conditions by Classic Rides, its employees shareholders, directors, members and assigns.
6.2. The Owner understands that Classic Rides is a booking agent and that Classic Rides does not have any control over the Customer or the Booking, nor does it furnish any warranties in this regard.
6.3. Classic Rides and its affiliates, shall not 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, delict, strict liability, or otherwise, even if Classic Rides or affiliates, have been advised of the possibility of damages.
6.4. The Owner shall indemnify Classic Rides against any loss, liability, injury, death, damage or claims of whatsoever nature (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by Classic Rides arising out of or as a result of any negligent act or omission on the part of the Owner.
7. NON SOLICITATION
7.1. For so long as these Terms and Conditions remain valid and binding, and for a period of 1 (one) year thereafter, the Owner will not directly or indirectly;
7.1.1. solicit the business or patronage of Classic Rides for any person or entity;
7.1.2. divert, entice or otherwise take away from Classic Rides, the business or patronage of Classic Rides;
7.1.3. solicit or induce any party to terminate or reduce its relationship with Classic Rides; or
7.1.4. directly or indirectly cause any employee or consultant of Classic Rides to terminate their relationship with Classic Rides; or
7.1.5. circumvent or attempt to circumvent Classic Rides in any manner, directly or indirectly.
8. FEES, PAYMENT AND CANCELLATION
8.1. The Owner will liaise with Classic Rides at the time of finalising the quotation with the Customer to ensure that the parties are in agreement in terms of the Total Fee.
8.2. Classic Rides will obtain payment from the Customer in full before the commencement of the Booking.
8.3. Upon completion of the Booking, Classic Rides shall make payment to the Owner of the Hiring Fee, such payment to be made within 2-5 Business Days of completion of the Booking, subject to the Owner having complied with all of its obligations set out herein.
8.4. Once the Owner has confirmed availability for a Booking, the Customer will pay a minimum of 50% deposit upfront, which signifies acceptance. Once proof of payment of the Deposit has been received, the Booking is confirmed. The Booking is subject to cancellation if the remainder of the payment is not timeously received, does not reflect in Classic Rides’ bank account or is reversed.
8.5. In the event that the Owner fails to comply with its obligations, Classic Rides, in its sole discretion, shall be entitled to withhold anywhere between 25% and 100% of the Hiring Fee, depending on the materiality of the breach and the damage caused by such breach.
8.6. If the Customer cancels after the Booking has been confirmed but prior to the 7 day period preceding the Booking, then in such event the Owner shall receive 50% of the Total Fee less Classic Rides’ full Booking Fee if the Deposit has been received by Classic Rides.
8.7. If the Customer cancels within a 7 day period before the Booking is due to commence, Classic Rides shall pay the Owner in full, less Classic Rides’ Booking Fee, provided Classic Rides has been paid in full by the Customer.
8.8. If the Owner’s Classic Vehicle becomes unavailable for a Booking after availability has been confirmed and prior to the Booking being confirmed, the Owner must notify Classic Rides immediately to cancel the Booking.
8.9. If the Owner cancels the Booking, or if the Booking is cancelled as a consequence of the Owners conduct after the Booking has been confirmed the Owner is liable to Classic Rides for their Booking Fee.
8.10. In the event that a Classic Vehicle booked by the Customer becomes unavailable, the Owner shall, at his own cost, use reasonable endeavours to provide a replacement vehicle (where possible) of the same or higher standard at no additional cost to the Customer or to Classic Rides. 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 Classic Rides.
8.11. 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).
9. 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.
10.1. Each party undertakes that it shall not at any time, and for a period of five years after termination of these Terms and Conditions, 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 10.2.
10.2. Each party may disclose the other party’s confidential information:
10.2.1. 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
10.2.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3. No party shall use any other party’s confidential information for any purpose other than to perform its obligations.
11. TERMINATION UPON BREACH
11.1. Without affecting any other right or remedy available to it, either party may terminate these Terms and Conditions with immediate effect by giving written notice to the other party if:
11.1.1. 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;
11.1.2. 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;
11.1.3. 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 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;
11.1.4. 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 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;
11.1.5. 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;
11.1.6. the holder of a qualifying floating charge over the assets of that other party has become entitled to appoint or has appointed an administrative receiver;
11.1.7. 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;
11.1.8 the other party (being an individual) is the subject of a bankruptcy petition or order;
11.1.9. 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;
11.1.10. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
11.2. For the purposes of these Terms and Conditions, a 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:
11.2.1. a substantial portion of these Terms and Conditions ; or
11.2.2. any of the obligations set out in these Terms and Conditions,
12. CONSEQUENCES OF TERMINATION
12.1. Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms and Conditions shall remain in force and effect.
12.2. Termination or expiry of these Terms and Conditions 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.
13. WHOLE AGREEMENT
13.1. These Terms and Conditions constitute the entire agreement between Classic Rides and the Owner and Classic Rides shall not be bound by any representations, undertaking, promises or the like not specifically recorded or incorporated herein.
13.2. No variation of these Terms and Conditions, waiver of rights, release from any obligation or consensual cancellation of the agreement between the parties shall have any effect unless made in writing and signed by both Classic Rides and the Owner.
13.3. 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.
14. NON VARIATION
No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No indulgence, latitude, extension of time or omission by Classic Rides shall constitute a waiver by Classic Rides of any of the rights afforded to it under these Terms and Conditions and shall not in any circumstance give rise to a defence of estoppel.
16. 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.
If any of these Terms or Conditions should be determined to be invalid, illegal, unenforceable for any reason by any court of competent jurisdiction then such term or condition are severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
18. TIME OF THE ESSENCE
Time is of the essence for any obligation in this agreement.
19.1. Any notice or other communication given to a party under or in connection with these Terms and Conditions shall be in writing and shall be delivered by hand or by registered post, or email to:
19.1.1. In the case of Classic Rides the following addresses:
220.127.116.11. Physical Address: 66 Roeland Street, Gardens, Cape Town
18.104.22.168. Email Address:email@example.com
19.1.2. In the case of the Owner, the addresses recorded in the Registration Form referred to in clause 2.1
19.2. Any notice or communication shall be deemed to have been received:
19.2.1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
19.2.2. if sent by registered 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 service;
19.2.3. if sent by email to the chosen email address of the addressee shall be deemed, failing any administrator or mail server errors, to have been received by the addressee on the Business Day immediately following the date of sending, unless the addressee proves that the email was not delivered to its email system or that the email was incapable of being retrieved, read or otherwise processed by the addressee's system
20. DATA PROTECTION
21. THIRD PARTY RIGHTS
No one other than a party to these Terms and Conditions, their successors and permitted assignees, shall have any right to enforce any of its terms.
22. JURISDICTION AND GOVERNING LAW
These Terms and Conditions (including their validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the Parties in terms of and arising out of the conclusion, breach and termination of the provisions of this Agreement), shall be interpreted and governed in all respects by the laws of the Republic of South Africa. The Parties hereby submit to the non-exclusive jurisdiction of the Cape Town Magistrate’s Court, notwithstanding the quantum which may be involved.