For the purposes of these Terms, the Classic Vehicle Supplier shall be referred to as “Supplier”.
The following definitions and rules of interpretation apply in this agreement.
1.1.1. “Booking”: when Customers book a Classic Vehicle/s for hire through the Website.
1.1.2. “Booking Fee”: the 10% commission and any additional fees, such as an admin fee, which Classic Rides may charge.
1.1.3. “Business Day”: any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa. “Business Hours”: the period from 9h00 to 17h00 on any given Business Day.
1.1.4. “Classic Rides”: means Joshua Simon Kotlowitz trading as Classic Rides
1.1.5. “Classic Vehicle”: the classic vehicle uploaded on the Website by the Supplier
1.1.6. “Contract”: a contract for the provision of Services between Classic Rides and the Supplier.
1.1.7. “Customer”: an individual, business, company, trust or other entity whether incorporated or not, who/which hires a Classic Vehicle from the Supplier through the Website.
1.1.8. “Deposit”: a payment made by the Customer to Classic Rides equal to at least 50% of the Total Fee
1.1.9. “Day”: a period of 24 consecutive hours ending at 12.00 midnight.
1.1.10. “Hiring Fee”: the fee which the Customer pays to the Supplier for the hire of the Classic Vehicle, and which Classic Rides receives as agent to the supplier.
1.1.11. “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.
1.1.12. “Month”: a calendar month.
1.1.13. “Registration Form”: The form which the Supplier must complete in order to make use of the Services.
1.1.14. “Service”: services provided by Classic Rides to the Supplier using the Classic Rides booking service for hire of a Supplier’s Classic Vehicles.
1.1.15. “Supplier”: The Classic Vehicle Supplier.
1.1.16. “Total Fee”: The entire fee payable for booking of the Classic Vehicle directly from the Customer to Classic Rides through the Booking process.
1.1.17. “VAT”: value added tax chargeable under the Value Added Tax Act 1991.
1.1.18. “Website”: Classic Rides online portal located at www.classic-rides.co.za
1.1.19. “Week”: any period of seven consecutive Days.
1.1.20. “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 successors and permitted assigns.
1.3. A reference to a Supplier shall include any Supplier, or nominee of the Supplier, 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.
2.1. The Total Fee and availability of Classic Vehicles are subject to change without notice to the Customer.
2.2. The Customer acknowledges and accepts that Classic Rides is only a booking site and not necessarily a supplier.
2.4. To book a Classic Vehicle the Customer must fill in a Booking form on the Website. If the Supplier accepts the Booking then the Customer will receive a notice from Classic Rides confirming as such to an email address the Customer has furnished to Classic Rides.
3. WARRANTIES BY THE CUSTOMER
3.1. The Customer warrants that all information the Customer provides on the Booking form (and to Classic Rides in general) is true and correct.
3.2. In the event that a child or any other person who is required to be seated in a particular way and will be travelling in the Classic Vehicle, the Customer shall ensure that suitable car seats and/or devices are provided by the Customers and are used in accordance with lawful and proper safety protocol. This must be conveyed to Classic Rides, by the Customer, at the time of the Booking.
3.3. The Customer acknowledges that some of the Classic Vehicles may not be fitted with seatbelts and/or be suitable for children (or any other person who is required to be seated in a particular way) to travel in and that the Customer should not hire such Classic Vehicle if seat belts or other installations are necessary for travel with the Classic Vehicle.
3.4. Under no circumstances are animals allowed to travel in Classic Vehicles booked through Classic Rides unless express prior written permission is given by the Supplier.
3.5. The Customer understands that the fee for hiring the Classic Vehicle is calculated, inter alia, having regard to the moment the Classic Vehicle is made available to the Customer until it has been returned. Allowances should be made for travel time.
3.6. Bookings that are for a substantial period of time should be set out and provided for in the Booking request by the Customer so as to avoid any potential problems.
3.7. Classic Rides is reliant, inter alia, on its Suppliers. Suppliers can take around 48 hours to respond to correspondence relating to the hire of their vehicles and are not obligated to accept a Booking request.
3.8. The Customer agrees that should they run more than 20 minutes late for scheduled Booking, the Customer will be liable to pay an additional hour’s fee for every hour they run overtime. This overtime fee will be payable to Classic Rides directly.
3.9. For the avoidance of doubt, Classic Rides accepts no liability or responsibility whatsoever for the Supplier’s conduct. This includes but shall not be limited to the Suppliers’ discretion as to whether it accepts the Booking or not.
3.10. The Customer furthermore warrants that they shall not:
3.10.1. use the Website to request, make or accept a booking independent of the Website, to circumvent any Bookings Fees or for any other reason;
3.10.3. 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;
3.10.4. 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;
3.10.5. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or
3.10.6. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website
4. THE CLASSIC VEHICLES
4.1. The Customer acknowledges that Classic Rides does not own the Classic Vehicle nor does it have any prior knowledge of the conditions of the Classic Vehicle nor has it carried out any examination of the Classic Vehicle. Classic Rides does not accept any liability for the Classic Vehicles, including, without limitation, their conditions, state or suitability for relevant booking.
4.2. The Customer acknowledges that the Classic Vehicles may not all be registered. In this case, these vehicles are for static use only and are not to be driven on public roads. The Customer should contact the Supplier directly if they are unsure or require more information regarding these vehicles.
4.3. Due to the age of the Classic Vehicles, some may have speed restrictions or other restrictions based on nature or condition of the Classic Vehicle. The Customer accepts that such conditions and warrants that he will adhere to these restrictions at all times.
4.4. The Customer should inform Classic Rides in their Booking request whether they will require the Classic Vehicle to be driven off-road or on an unpaved road.
4.5. The Customer understands that due to the age of the Classic Vehicles it is possible that a Classic Vehicle may breakdown. The Customer agrees that it is their responsibility to ensure that if the Classic Vehicle breaks down and if for whatever reason the Supplier is not present, the Supplier must be immediately informed.
4.6. In the event that the Customer is authorised by the Supplier to drive the Classic Vehicle, that Customer must ensure that they hold a valid license under the laws of the Republic of South Africa.
5. PAYMENT, FEES AND CANCELLATION
5.1. Once the Customer submits a Booking request, the Customer will receive an estimated Total Fee, which is subject to the Supplier’s discretion.
5.2. 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.
5.3. The Customer may pay Classic Rides either via EFT (Electronic funds transfer) or cash deposit to the bank details provided by Classic Rides, or via credit or debit card where allowed. When paying via EFT or cash deposit, proof of payment is to be sent to Classic Rides.
5.4. The remaining balance, once the Deposit has been paid, is to be paid over to Classic Rides no later than 7 Days prior to the commencement of the Booking.
5.5. If the Booking is confirmed within the 7 Day period, then the full amount due is payable upfront to Classic Rides.
5.6. If the Customer cancels the Booking at any time prior to the 7 Day period and/or fails to pay the balance of the Total Fee prior to the 7 Day period, then it shall forfeit its Deposit.
5.7. If the Customer cancels the Booking within the 7 Day period preceding the Booking, the Customer will forfeit the full amount.
5.8. When a Customer pays the full amount upfront using a credit card, there will be no refund available or payable.
5.9. If the Supplier cancels the Booking, for whatever reason, Classic Rides will use its reasonable endeavours to secure a similar vehicle as a replacement; failing which Classic Rides shall, at its discretion, refund the Customer in full. For the avoidance of doubt, Classic Rides shall not be liable to the Customer (or at all) in the event that a Booking is cancelled.
6.1. All complaints relating to the booking process should be directed to Classic Rides.
6.2. Complaints relating to the Classic Vehicle, the Supplier or likewise should be directed to the Supplier (Classic Rides should be copied in). The Customer will receive details of the Supplier at the time of Booking after having paid the deposit.
6.3. In the event that the Customer is not satisfied with a Supplier or vehicle, then Classic Rides should be informed as well as the Supplier so that Classic Rides may address the issue.
7. Copyrights and Trademarks
7.1. All copyright, trademarks and all other Intellectual Property Rights on the Website and its content (including without limitation the website design, text, graphics and software and source codes connected with the website) are owned or licensed to Classic Rides or otherwise used by Classic Rides as permitted by law.
7.2. In accessing the Website, the Customer agrees that none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home us only.
8. Disclaimer, Limitations of Liability and Indemnities
8.1. Neither Classic Rides nor its employees, directors, shareholders, members or affiliates shall be liable to the Customer in respect of or pursuant to any loss, liability, injury, death, damage or claims of whatsoever nature (including without limitation any loss of profits and/or any special and/or consequential loss or damages) whether arising through the rendering, non-rendering or attempted rendering by Classic Rides of the Services or as a result of any negligent act or omission on the part of Classic Rides.
8.2. Without detracting from the aforegoing, in no event shall the amount of any damages for any loss suffered or alleged to have been suffered by the Customer for which Classic Rides may be held to be liable exceed the gross amount paid by the Customer to Classic Rides for the use of a Classic Vehicle.
8.4. Without in any way limiting or derogating from the provisions above, Classic Rides shall further not be liable to the Customer for any damage, loss, liability or injury of whatsoever nature and howsoever arising that may result from any events which are unforeseen, unforeseeable, irresistible or outside the control of the ordinary person, including but not limited to: any acts or omissions of any government, government agency, provincial or local authority or similar authority, civil strife, riots, insurrections, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, tremor, flood, storm or fire.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition are severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
10.1.1. In the case of Classic Rides, the following addresses:
10.1.1.1. Physical Address: 66 Roeland Street, Gardens, Cape Town
10.1.1.2. Email Address: email@example.com
10.2. Any notice or communication shall be deemed to have been received:
10.2.1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
10.2.2. 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.
10.2.3. 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.
10.3. 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 e-mail.
11. Personal Data
11.1. Classics Rides may ask for such personal data which may be necessary for Classic Rides to receive the Booking and to comply with all applicable rules and regulations.
11.2. Any personal data which Classic Rides may receive from the Customer shall be dealt with in accordance with the applicable data protection legislation.
11.3. Classic Rides reserves the right to contact the Customer by any means of communication about services and goods which Classic Rides and/or any of its partners may offer from time to time unless the Customer has requested Classic Rides not to do so.
11.4. The Customer warrants that any photographs and other information which the Customer has provided to Classic Rides does not infringe on any third party’s Intellectual Property Rights and the Customer grants Classic Rides a perpetual, and irrevocable right to use any photographs which may be taken with the Classic Vehicle.
11.5. If the Customer does not wish for their photographs to be used by Classic Rides, the Customer agrees to inform Classic Rides, in writing, prior to the commencement of the Booking.
12. THIRD PARTY RIGHTS
13. JURISDICTION AND GOVERNING LAW