An acceptance of the quotation and the subsequent booking will be regarded as an acceptance of eAfrica Tours’ Terms and Conditions.
AVAILABILITY AND RESERVATIONS
1.1 All quotations are made subject to a vehicle of the type and specifications (capacity mentioned herein) being available on the date required at the time of acceptance. It is, therefore, in the interest of the Hirer to confirm the acceptance with the least possible delay.
1.2 Prices based on the services of outside contractors may vary in the event of change in direct charges to eAfrica Tours. Any increase in charges will be passed on to the Hirer.
1.3 Confirmation of services will only be processed and confirmed by eAfrica Tours once an acceptance of an official order, voucher or payment for the requested service, in return from the Hirer, is received.
This agreement cannot be cancelled except by mutual agreement between eAfrica Tours and the Hirer. eAfrica Tours shall be at liberty in its discretion to charge the hiring charge of a cancellation fee or any percentage thereof at:
2.1 Up to > 30 days prior to departure: 0% of total rate/tariff
2.2 Less than 30 days prior to departure: 15% of total rate /tariff
2.3 Less than 14 days prior to departure: 50% of total rate /tariff
2.4 Less than 7 days prior to departure: 75% of total rate /tariff
2.5 Less than 3 working days prior to departure: 100% of total rate and also and should the coach have been dispatched for a service already.
COMPLIANCE WITH LAW AND INSTRUCTIONS GIVEN BY THE DRIVER
The Hirer undertakes to observe any regulations of the Motor Carrier Transportation Act, Tourism Act and Labour Act (BCEA) of the Republic of South Africa, as amended from time to time, or of similar and appropriate laws of any other country or countries in which the vehicle may travel during the period of hire. The Hirer undertakes to ensure that the passengers will obey any lawful instruction given by the driver of the vehicle, in so far as it relates to the safety of the passengers and the vehicles concerned.The Hirer further undertakes to ensure that the driver, approved by eAfrica Tours, shall drive the vehicle at all times and that no passenger shall drive or attempt to drive the vehicles, obstruct or impair the driver or any authorised person in the course of his duty. The Hirer, furthermore, undertakes to ensure that the working hours of the driver, as set out hereunder, are adhered to.3.1 Working Hours and Rest Intervals
Working hours of drivers are set out according to the Wage determination act 452 and Basic conditions of employment act (BCEA).3.2 Drivers accommodation and meals
Quotations given do not make provision for driver’s meals and accommodation (where applicable), unless specified on the quotation. Rest intervals for drivers are essential towards passenger safety and clients are requested to provide single accommodation facilities accordingly.
The Tourism Second Amendment Act, 2000 (ACT no. 70 of 2000), with 01 October 2001 determined as the date on which the said Act shall come into operation, prohibits driver guiding as follows: (see attached annexure of the proclamation of above law)“Prohibitions”
(4) No tourist guide may drive a vehicle with a carrying capacity of more than 10 persons and at the same time act as a tourist guide;
(5) No person, company or close corporation employing a tourist guide may allow that tourist guide to drive a vehicle in contravention of subsection (4);
COACH RULES AND REGULATIONS
A Coach Driver shall at all times be responsible for adherence to the following rules and regulations, and the Hirer shall ensure that the rules and regulations are adhered to. These rules are there for every passenger travelling on the coach to ensure their comfort and safety:
5.1 Smoking is not allowed on coaches.
5.2 The drinking of red wine and the drinking/eating of any dairy products is not allowed on coaches.
5.3 Seating and standing
The Hirer will not permit the carrying of more passengers andor luggage than the authorised carrying capacity of the vehicle, and will not allow any passenger to sit anywhere in or on the vehicle except in the passenger seat provided.
Passengers are requested to wear the safety belts where fitted.
The single seat in the front of the bus is for crew only.
5.4 No unauthorised passengers are allowed on the coach during the tour.
5.5 Air vents and air conditioners are to be operated according to specifications.
5.6 No heavy or sharp objects are to be stored in the overhead parcel racks.
5.7 No feet are allowed to be placed on the seats and dashboard.
5.8 No objects are allowed to be placed against the outside of the coach.
5.9 Passengers are not to leave any personal belongings in the coach and eAfrica Tours will not accept liability for any loss of personal belongings of any nature.
5.10 No passenger is allowed to board or disembark the coach whilst it is in motion and movement while in motion should be limited to emergencies only.
5.11 No vehicle is authorised to travel on gravel or dirt roads unless proper prior authorisation has been given in writing by eAfrica Tours.
5.12 No additional kilometres will be operated other than those specified in the official itinerary or unless eAfrica Tours’ Management has given proper prior authorisation in writing.
5.13 Keep the coach clean at all times in using the litter bags provided. Passengers will be held responsible for the cleanliness of the saloon.
5.14 Passengers to be made aware of procedures during emergencies and take note of emergency exits, the placement of the fire extinguisher, the proper embarking and disembarking of passengers with specific attention to immediate terrain, surrounding animals and immediate traffic.
COMMISSION AND TIPS
eAfrica Tours dissociates itself from the involvement in payment of commission and tips to Tour Coach Drivers and that such action should not become a problem to eAfrica Tours.
DAMAGE CAUSED TO VEHICLE
The Hirer will be responsible for any loss or damage caused to the vehicle, its fittings or equipment by the negligence or misconduct of any passenger.
PASSENGER LUGGAGE AND PERSONAL EFFECTS
8.1 Baggage and personal belongings are carried entirely at owners’ risk. eAfrica Tours shall not be liable for any loss or damage to luggage or personal belongings, under any circumstances.
8.2 Passengers shall, under no circumstances, carry with them on the Coach or on any trailer attached thereto weapons, explosives or items which are, in the sole opinion of eAfrica Tours, its employees or officials, dangerous or hazardous or of such nature as is likely to cause offence or injury to other passengers or damage to their property.
All payments for services to be rendered by eAfrica Tours, must be paid in full by the Hirer, before the commencement of the services booked and confirmed.
OUR RIGHT TO DECLINE
eAfrica Tours reserves the right to decline, to execute or to complete any contract, should the above conditions not be strictly complied with. Such rights, when exercised by eAfrica Tours, shall be without prejudice to its rights to claim damages or other relief from the Hirer.
OUR RIGHT TO SUB-CONTRACT
eAfrica Tours reserves the right to sub-contract in case of an emergency or by choice, and when this right is exercised, the substitute vehicle will, as far as circumstances permit, compare equally with the same vehicle, in comfort and reliability, which was initially booked. If eAfrica does not acquire such vehicles, it remains the Hirer’s right to obtain a vehicle, which conforms to his own standard, and for his own cost. In this event the Hirer is entitled to a refund of any monies paid to eAfrica Tours from the point where the sub-hired vehicle takes over the trip. In the event of eAfrica Tours sub-contracting a vehicle, it is agreed between the parties that the owner and driver of the substituted vehicle shall act independently as an independent contractor, not subject to the control of eAfrica Tours. It shall be deemed that the Hirer and the owner of the substituted vehicle will enter into a contract of hire and carriage amongst themselves, and the Hirer indemnifies eAfrica Tours against any claim for damage or otherwise, whatsoever, resulting from the driving of the substituted vehicle specifically the reckless and/or negligent driving thereof. The provisions of Clause 1.5 shall mutatis mutandis be applicable to this clause.
The Hirer will not permit the carrying of more passengers than the authorised number of seats in the vehicle, and will not allow any passenger to sit anywhere in or on the vehicle except in the passenger seat provided.
TIMEKEEPING AND TOUR AMENDMENTS
13.1 eAfrica Tours will make every reasonable effort to conform to the proposed timetable. It does not undertake to commence or to complete the journey at any specified time, and shall not be liable in any way, whatsoever, for any total or partial failure to perform the contract by reason of any mechanical or other defects, breakdown, accident or any other causes including any strike or lockout, fire or act of God, or for any claims, damages or expenses arising from defects or failure as aforesaid, or any delays in starting, transit, arrival or return of any vehicles.
13.2 The Hirer will secure a detailed itinerary highlighting all departure and arrival times, venues on route departure and arrival times, to ensure punctuality thereof. Sufficient time must be made available for co-ordination with other modes of transport on arrival times at destinations and venues. The Hirer indemnifies eAfrica Tours from any claims, which may arise from stopping at venues and altering the departure times not agreed upon, prior or during the journey, as per the official itinerary. Should the fulfilment of any journey be rendered impossible, illegal or in the opinion of eAfrica Tours, inadvisable for any reasonable cause, eAfrica Tours may at any time cancel such journey or the remainder thereof or make any alteration in the route, accommodation, price or other details thereof that eAfrca Tours may think fit, or change drivers and/or vehicles en route or use public transportation to convey passengers.
TOLL AND FARE DUTIES
The quotation does include the payments for toll fare charges but exclude any vehicle entrance fees.
15.1 Jurisdiction – This Agreement is governed by South African Law and subject to South African jurisdiction.
15.2 eAfrica Tours will under no circumstances be liable for any indirect and/or consequential loss or damages, unless such loss or damages was caused due to the negligence of eAfrica Tours. The liability of eAfrica Tours in the aforementioned circumstances will be limited to the invoice price.
15.2.1 eAfrica Tours shall not be responsible for the consequences of any delays caused due to causes beyond eAfrica Tours’ reasonable control and occurring without its fault or negligence.
15.2.2 eAfrica Tours accepts no responsibility for loss or damage to luggage or personal property from whatsoever causes arising, unless such loss or damages was caused due to the negligence of eAfrica Tours.
15.3 The provisions of this clause are stipulated for the benefit of eAfrica Tours, its servants, agents, nominees and sub-contractors who are exempted accordingly.
15.4 This document replaces and supersedes any previous Terms and Conditions