You are here:
  1. Home
  2. Terms and Conditions

Terms and Conditions

Table of Contents

Terms and Conditions of Service

1. QUOTATIONS

1.1. Quotations are always in South African Rand (ZAR) and are valid for up to 15 days. After such period the Company may at its absolute discretion vary the price in the cost of fuel or any other increased costs to the Clients, in which event a new quotation will be provided to the Clients, and previous quotations will be deemed null and void.
1.2. Verbal quotes given over the telephone or otherwise are an estimation to be used as a guideline only. Winelands Private Transfers (herein referred to as the ‘Company’) will not be bound by any verbal quotation provided.
1.3. Where an obvious error has occurred with the quoted/accepted price, we reserve the right to advise the clients of the error and provide an amended price for the journey and void the booking being confirmed or accepted.
1.4. On request the Company can provide a photograph of the type of vehicle being supplied. In this case the photograph supplied is illustrative only and may be a different make/model with different specifications and appearance to that supplied to the booking.

2. CONFIRMATION OF BOOKINGS

2.1. Acceptance of a quotation will be regarded as an acceptance of the Company terms and Conditions of Service, having been read and understood.
2.2. No booking is confirmed until the Client receives written confirmation from The Company via either of the following: SMS, WhatsApp, email, or printed confirmation.
2.3. Confirmation of services will only be processed and confirmed by The Company, upon the receipt of an official order, voucher, confirmation e-mail/WhatsApp and/or payment for the requested service by the Client.

3. BOOKING AMENDMENTS

3.1. It is the responsibility of the Clients to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency.
3.2. Confirmation of amendments are subject to availability. If there is no availability for amendments requested and the client desires to cancel, the cancellation terms as stated by the Cancellation policy, in Section 4.2 herein shall apply.
3.3. An amendment will only be considered as implemented when the Clients has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation. If an updated Booking Confirmation has not been received by the Clients with the updated details the Clients will be subject to the terms of the original Booking Confirmation. No amendment can be agreed with the Driver and the Driver does not have the authority to bind the company in any manner whatsoever.
3.4. It is the clients’ responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking.
3.5. The Company cannot be held responsible for any delays in arrival at a destination caused by traffic problems and/or adverse weather conditions and these factors should be considered by the Clients when requesting a collection time when making a booking.

4. CANCELLATION POLICY

4.1. All requests for cancellations must be made in writing. For the avoidance of doubt, in the event of cancellation by the Clients.
4.2. Should the Clients wish to cancel a booking the following terms and charges shall apply:

  1. 7 – 14 days’ notice before the initial date of travel – 50% cancellation fee will apply
  2. 2 – 7 days’ notice before the initial date of travel – 70% cancellation fee will apply
  3. Less than 48 hours (2 days) notice before the initial date of travel – all monies will be forfeited to the company, and the full value of the trip will be due.
    4.3. In the event of cancellation by the clients any charges for credit or debit card processing, bank transfers, international currency exchange or other processing fees paid by the clients are non-refundable, and the company reserves the right to charge for any such fees or expenditure incurred in making a refund to the clients and deduct such costs
    4.4. Should the Clients not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the Company.

5. REFUNDS

Refunds will take up to 10 working days to process. Please call us should you have any queries regarding refunds, cancellations, or rescheduling.

6. DRIVERS MEALS AND ACCOMMODATION

For chartered overland transfers/tours, the Client must supply the driver with three meals a day when not returning to his/her base, or as specified by The Company. This does not apply to local scheduled tours.
When returning to his/her base, he/she is entitled to meals on the following basis:

  • Transfer – No meals
  • Half day – No meals
  • Full day – No meals
  • Full day plus dinner – dinner with group, or dinner allowance specified by The Company.
  • Stand-alone dinners – dinner with group, or dinner allowance specified by The Company.
    Drivers must have a dedicated room with en-suite facilities when not returning to his/her base.

7. VEHICLE RULES AND REGULATIONS

A vehicle driver shall always be responsible for adherence to the following rules and regulations, and the Client shall ensure that the rules and regulations are strictly adhered to. These rules and regulations are specified for every passenger traveling on a coach, to ensure their safety and comfort:

  • Smoking is strictly prohibited on all vehicles.
  • The drinking of red wine, and the drinking or eating of any dairy products, are not permitted on all vehicles.
  • The client will not permit the carrying of more passengers than the authorized number of seats in the vehicle and will not allow any passengers to sit anywhere in- or on the vehicle, except in the passenger seats provided.
  • Passengers are required by South African law to wear the safety belts. They must always remain seated when the vehicle is in motion.
  • No unauthorized passengers are allowed on the vehicle during the transfer/tour.
  • Air vents and air conditioners are to be operated according to the specifications.
  • Sun blinds are to be released gently where fitted.
  • No heavy and/or sharp objects are to be stored in the overhead parcel racks, in coaches.
  • No feet are allowed to be placed on the seats and dashboard.
  • Passengers are not to leave any personal belongings on the vehicle/coach.
  • Drivers and guides are to use cell phones for emergencies only.
  • No vehicle is authorized to travel on gravel or dirt roads for more than 10km unless proper prior authorization has been given by The Company’ management. However, even if a driver has authorization from the office to travel on a dirt road, he / she has a mandate not to do so, should they feel the safety of the vehicle and / or passengers to be in jeopardy.
  • No extra services will be operated, other than those specified in the official Itinerary, unless The Company management has given proper prior authorization in writing to the driver.
  • The vehicles shall be always kept clean.

8. TIPS

Gratuity towards the driver and/or the guide are at the discretion of the clients. The Company dissociates itself from the involvement in payment of any commission and/or tips to vehicle drivers and guides and assumes no responsibility in this regard in any way.

9. DAMAGE CAUSED TO VEHICLES

The Client will be responsible for any loss or damage caused to the vehicle, its fittings, or its equipment, if caused by the negligence of any passenger. The Company does not allow any sign writing on our vehicles.

10. PASSENGER LUGGAGE AND PERSONAL EFFECTS

10.1. Baggage and personal belongings are carried entirely at the owner’s risk. The Company shall not be liable for any loss or damage of luggage or personal belongings, in any manner, whatsoever.
10.2. Under no circumstances may passengers carry with them on the vehicle or trailer attached thereto, weapons, explosives or items which are, in the sole opinion of The Company, 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.

11. PAYMENT

All payments for services rendered by The Company must be paid in full by the Client, two (2) days prior to the commencement of the services which have been booked and confirmed. Unless specified otherwise. Any surcharge payment must be paid on the day of changes, and prior to the departure of group.

12. RIGHT TO DECLINE

The Company reserves the right to decline, to execute or to complete any booking/contract, should the Client fail to strictly adhere to- and comply with all the above conditions. Such rights, when exercised by The Company, shall be without prejudice to its rights to claim damages or other specific relief from the Client.

13. RIGHT TO SUB-CONTRACT

13.1. The Company reserves the right to sub-contract, in case of an emergency or by its choice, and when this right is carried out, the substitute vehicle will, as far as circumstances permit, compare equally with The Company’ own vehicle in standards.
13.2. In the event of The Company sub-contracting a vehicle, it is agreed between the parties that the owner and driver of the substituted vehicle shall be subject to the control of The Company.

14. TARIFFS

Surcharges shall be levied in the event of a deviation from the original itinerary, or any extra services not reflected on the quotation/invoice.

15. AGE OR TOUR RESTRICTIONS

  • All children under the age of 12 must be accompanied by at least one adult.
  • Children under 12 years qualify for a 50% discount for per-head-priced tours or bookings.
  • The Company supplies baby- or children’s seats at an additional cost.
  • Certain tours have age restrictions. Please check, when booking a tour, whether your children are permitted to go on that tour.

16. TOLL AND FARE DUTIES

Toll fees are NOT included in the quoted price and are for the Clients own account, unless otherwise specifically stated.

17. INDEMNITY

17.1. The Company, its employees and/or its agents will not be liable for any injury, loss, or damage of any description with passenger, or any family member or employee may suffer directly or indirectly, as is allowed by law. Passengers may also be conveyed by unrelated third-party providers as part of the transfer/tour, and these provisions shall also apply in respect of all services and activities provided by these third-party providers. The Company shall under no circumstances be liable for any act or omission of each third-party provider.
17.2. The Company is hereby exempted from, and shall not be liable for, any loss or any damage, direct or indirect, consequential, or otherwise, caused to and/or suffered by the Client or any other party due to and/or arising from:
17.3. Any defect in the Vehicle and/or arising from the use by the Client of the Vehicle
17.4. And/or any luggage
17.5. And/or property stolen from the Vehicle and damaged while in the Vehicle or left in the Vehicle after its return to The Company
17.6. The provisions of the clause are stipulated for the benefit of The Company, its service suppliers, agents, nominees, and sub-contractors, who are exempted accordingly.
17.7. In arranging supplement services to the Client, except for hiring of a vehicle, The Company only acts as an agent for the Client. The Company cannot be held liable for any act of neglect or fault that might occur of any kind.

18. GOVERNING LAW

These conditions, and the relationship between The Company and the Client, are governed by the Laws of the Republic of South Africa and the Client consents to the exclusive jurisdiction of the South African Courts. The Company shall be entitled at its sole discretion to institute any legal proceedings arising out of/or in connection with these conditions, in any Magistrates Court having jurisdiction.

19. CODE OF PRACTICE

Registered drivers, guides and vehicles
19.1. The Company will comply with all national provisions and regulations relating to the provision of the Transportation Board.
19.2. The Company will only use drivers with valid PDP’s and correct driving codes.
19.3. The Company will only use registered guides, with valid PDP’s and correct driving codes.
19.4. The Company will only use vehicles that are registered and with correct/valid transport permit documents.

20. SAFETY

The Company is confident that its fleet is suitable for all local conditions and includes sufficient safety features such as:

  • Fire extinguisher in all coaches.
  • Emergency exit safety hammer on all coaches.
  • Warning triangle in all vehicles.
  • ABS (anti-lock braking system) on all vehicles.
  • Seat belts on all seats.
  • Satellite tracking devices on all vehicles.
  • 24 hours-a-day, 7 days-a-week operational- and technical emergency standby representatives available.

20.1. Comfort
The Company luxury vehicles comply with world-class passenger comfort standards, as per compliance requirements. Please see our website for fleet information.

20.2. Reliability
The Company’ philosophy is to be on time, every time. Our clients’ peace of mind with respect for reliability is of the utmost importance to us. In the event of an emergency, a replacement vehicle shall be supplied as soon as reasonably possible, to continue with the service.

21. PROTECTION OF PERSONAL INFORMATION ACT (“POPI”)

Definitions:
Operator: an operator as defined in the Protection of Personal Information Act, 4 of 2013.
Personal Information: personal information as defined in the Protection of Personal Information Act, 4 of 2013.

21.1. You hereby authorize The Company to collect your Personal Information as it is relevant to this Agreement and/or service which we are providing for you or is deemed to be relevant for the provision of such service.
21.2. The Company is committed to the adherence of national legislation and regulations pertaining to the safeguarding of data privacy.
21.3. The Company uses information previously provided by you to perform our services and to, amongst other things, process invoices, credit notes, statements and any other document related to the services.
21.4. You confirm that we may share your personal information with the following people, who have an obligation to keep the personal information secure and confidential:

  • Employees of The Company who are required to be informed of personal information to attend to the services supplied and;
  • All third parties may assist us in supplying the services.
    20.5. We undertake not to disclose your personal information unless it is legally or contractually required to do so.
    20.6. We agree to use all reasonable efforts to ensure your personal information in our possession is kept confidential, stored in a secure manner, and processed in terms of POPI.
    20.7. You hereby acknowledge and warrant that:
  1. The Company is entitled to process and store any such Personal Information in the manner set out in the Company Privacy Policy.
  2. The Company is entitled and authorized by you to transfer any Personal Information to any of its Operators; and
  3. The Company is entitled to store and back-up your Personal Information on its servers.
  4. You confirm that you have read and agreed to The Company Privacy Policy and hereby provide your consent to The Company to process your personal information and acknowledge that you understand the purpose for which it is required and for which it will be used.