1.  AVAILABILITY AND RESERVATIONS

This agreement is made subject to the availability of a vehicle of the type and specifications (capacity mentioned herein), on the date required, at the time of acceptance hereof. It is, therefore, in the interest of the Client, to confirm the acceptance with the least possible delay.

1.1.   Quotations are always in South African Rand (ZAR) and are valid for up to 15 days.

1.2.   Prices based on the services of outside contractors may vary. Any increase in charges will be passed on to the Client at the sole discretion of Winelands Private Transfers.

1.3.   Acceptance of a quotation will be regarded as an acceptance of Winelands Private Transfers Conditions of Hire and Carriage, having been read and understood.

1.4.   No booking is confirmed until the Client receives written confirmation from Winelands Private Transfers.

1.5.   Confirmation of services will only be processed and confirmed by Winelands Private Transfers, upon the receipt of an official order, voucher, confirmation e-mail and payment for the requested service by the Client.

1.6.   Verbal quotes are an estimation, to be used as a guideline only. Winelands Private Transfers will not be bound by any verbal quotation provided.

2. CANCELLATION POLICY

This agreement cannot be cancelled, except by agreement between Winelands Private Transfers and the Client. The Client accepts that these cancellation terms are reasonable and fair. Winelands Private Transfers shall be at liberty in its discretion, to charge the hiring charge of a cancellation fee or any percentage thereof at:

2.1.   10% of the tariff – within one weeks prior to the departure date;

2.2.   30% of the tariff – within 3 days prior to the transfer date;

2.3.   50% of the tariff – within 24 hours prior to the transfer date.

2.4.   Scheduled day tours cancelled less than 24 hours before commencement will be non-refundable.

3. REFUNDS

Refunds will take up to 14 working days to process. Please call us should you have any queries regarding refunds, cancellations, or rescheduling

4. COMPLIANCE WITH LAW AND INSTRUCTIONS GIVEN BY THE DRIVER/GUIDE

4.1.   MOTOR CARRIER TRANSPORTATION ACT, TOURISM ACT AND LABOUR ACT

The Client undertakes to observe any regulations of the Motor Carrier Transportation
Act, Tourism Act and Labor Act (Wage Determination Act 452) 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.

4.2.   LABOUR ACT (WAGE DETERMINATION 452)

The Client undertakes to ensure that the passengers will obey any lawful instruction issued by the driver/guide of the vehicle, particularly where it relates to the safety of passengers and the vehicle/s concerned. The Client further undertakes to ensure that the driver/guide, approved by Winelands Private Transfers, shall always drive the vehicle and that no passenger shall drive or attempt to drive the vehicles, obstruct, or impair the driver/guide of any authorized person in the course of his/her duty.

5. 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 Winelands Private Transfers. 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 Winelands Private Transfers.

·         Stand-alone dinners – dinner with group, or dinner allowance specified by Winelands Private Transfers.

   Drivers must have a separate room with en-suite facilities when not returning to his/her base.

6. 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 in 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 Winelands Private Transfers’ 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, or unless Winelands Private Transfers management has given proper prior authorization in writing to the driver.
• The vehicles shall be always kept clean.
• Passengers must be aware of the emergency exits, and the placement of the fire extinguisher.

7. COMMISSION AND TIPS

Gratuity towards the driver and/or the guide are at the discretion of the clients. Winelands Private Transfers 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 manner whatsoever.

8. 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. Winelands Private Transfers does not allow any sign writing on our vehicles.

9.  PASSENGER LUGGAGE AND PERSONAL EFFECTS

Baggage and personal belongings are carried entirely at the owner’s risk. Winelands Private Transfers shall not be liable for any loss or damage arising from delay, sickness, injury, and death to any passenger, or of their luggage or personal belongings, in any manner, whatsoever.

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 Winelands Private Transfers, 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.

 10.  PAYMENT

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

11.  RIGHT TO DECLINE

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

12.  RIGHT TO SUB-CONTRACT

12.1.  Winelands Private Transfers reserves the right to sub-contract, in case of an emergency or by its choice, and when this right is exercised, the substitute vehicle will, as far as circumstances permit, compare equally with Winelands Private Transfers’ own vehicle in comfort and reliability.

12.2.  If Winelands Private Transfers does not acquire such a vehicle, it remains the Client’s right to obtain a vehicle, which conforms to its own standard, but for the Client’s own cost. In this event, the Client is entitled to a refund of any monies paid to Winelands Private Transfers, from the point where the sub-hired vehicle takes over the trip.

12.3.  In the event of Winelands Private Transfers 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 Winelands Private Transfers.

13.  RIGHT TO KEEP VEHICLES OVER-NIGHT

Winelands Private Transfers reserves the right to keep our vehicle overnight at a destination, without any obligation towards a guide regarding accommodation, meals, and other related expenses.

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. This is subject to the terms of third-party service suppliers.
• Winelands Private Transfers supplies baby- or children seats at an additional cost.
• Certain tours have age restrictions. Please check, when booking a tour, whether your children are permitted on that tour.
• Children under 8 years are only permitted on game drives on a private tour, and on certain tours, at the discretion of Winelands Private Transfers and third-party service providers.
• Certain tours operate with a minimum number of people. Kindly refer to our booking engine.

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.  Winelands Private Transfers, 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 it 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. Winelands Private Transfers shall under no circumstances be liable for any act or omission of each third-party provider.

17.2.  Winelands Private Transfers 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 Winelands Private Transfers

17.6.  The provisions of the clause are stipulated for the benefit of Winelands Private Transfers, 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, Winelands Private Transfers only acts as an agent for the Client. Winelands Private Transfers cannot be held liable for any act of neglect or default that might occur of any kind.

18.  GOVERNING LAW

These conditions, and the relationship between Winelands Private Transfers 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. Winelands Private Transfers 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. Winelands Private Transfers will comply with all national provisions and regulations relating to the provision of the Transportation Board.
19.2. Winelands Private Transfers will use only drivers with valid PDP’s and correct driving codes.
19.3. Winelands Private Transfers will use only registered guides, with valid PDP’s and correct driving codes.
19.4. Winelands Private Transfers will only use vehicles that are registered and with correct/valid transport permit documents.

20.  HEALTH AND SAFETY

20.1.  Safety

Winelands Private Transfers is confident that its fleet is suitable for all local conditions and includes sufficient safety features as:

• Fire extinguisher.
• Emergency exit safety hammer on all coaches
• Warning triangle
• ABS (anti-lock braking system) on all vehicles
• Retarder, as per the manufacturer’s specifications
• 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
• Roll-over protection as per manufacturers specifications

20.2. Comfort

Winelands Private Transfers luxury vehicles comply with world-class passenger comfort standards, as per compliance requirements. Please see our website for fleet information.

20.3. Reliability

Winelands Private Transfers’ philosophy is to be on time, every time. Our clients’ peace of mind with respect of 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.  VEHICLE MAINTENANCE

·         Drivers conduct a pre-departure inspection before every trip.
·         Major services are carried out every 15 000 km, unless otherwise specified by the manufacturer. For vehicles travelling less than 15 000 km per year, services are carried out once per year.
·         Only new tyres that comply with SABS regulations may be fitted on our vehicles. Tread patterns are carefully monitored.
·         Spare wheels have a minimum of 8 mm tread on coaches and 6 mm on smaller vehicles.
·         A Certificate of Fitness (COF) service is conducted every 6 months at a certified testing station.

22.  DISPUTES

Winelands Private Transfers would prefer to have the opportunity of improving the client’s experience, rather than satisfying any disappointments upon their return home. If clients are dissatisfied with any of the arrangements that Winelands Private Transfers has made, they should contact the telephone numbers provided whilst they are in South Africa. Winelands Private Transfers cannot accept any liability in respect of any complaint that is not reported to us within 4 weeks of a client’s first arrival date.

23.  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;

23.1.  You hereby authorize Winelands Private Transfers 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.

23.2.  Winelands Private Transfers is committed to the adherence of national legislation and regulations pertaining to the safeguarding of data privacy.

23.3.  Winelands Private Transfers shall use 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.

23.4.     You confirm that we may share your personal information with the following persons, who have an obligation to keep the personal information secure and confidential:

·      Employees of Winelands Private Transfers who are required to be informed of the personal information in order to attend to the services supplied and;

·      All third parties who may assist us in supplying the services.

23.5.  We undertake not to disclose your personal information unless it is legally or contractually required to do so.

23.6.  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.

23.7.  You hereby acknowledge and warrant that:

1)      Winelands Private Transfers is entitled to process and store any such Personal Information in the manner set out in the Winelands Private Transfers Privacy Policy.

2)      Winelands Private Transfers is entitled and authorized by you to transfer any Personal Information to any of its Operators; and

3)      Winelands Private Transfers is entitled to store and back-up your Personal Information on its servers.

4)      You confirm that you have read and agree to Winelands Private Transfers Privacy Policy and hereby provide your consent to Winelands Private Transfers to process your personal information and acknowledge that you understand the purpose for which it is required and for which it will be used.