TERMS AND CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS OF HIRE AND CARRIAGE
TERMS AND CONDITIONS OF HIRE AND CARRIAGE
Please note:
Please note:
An acceptance of the quotation in writing and the subsequent booking of a vehicle will be regarded as an acceptance of the Lemco Transport Terms and Conditions of Hire and Carriage.
An acceptance of the quotation in writing and the subsequent booking of a vehicle will be regarded as an acceptance of the Lemco Transport Terms and Conditions of Hire and Carriage.
Please read thru this document and make sure you as a client fully understand the Terms and Conditions of Hire and Carriage. In the event that any point is not clear please give us a call at 072815 0538 or email info@lemco-transport.co.za.
Please read thru this document and make sure you as a client fully understand the Terms and Conditions of Hire and Carriage. In the event that any point is not clear please give us a call at 072815 0538 or email info@lemco-transport.co.za.
Lemco Transport reserve the right to refuse, to do business, or complete any contract with any client, who does not adhere to or acknowledge the Terms and Conditions of Hire and Carriage as per this document. These rights of ours shall be without prejudice to our right to claim damages or any other relief in law.
Lemco Transport reserve the right to refuse, to do business, or complete any contract with any client, who does not adhere to or acknowledge the Terms and Conditions of Hire and Carriage as per this document. These rights of ours shall be without prejudice to our right to claim damages or any other relief in law.
These Terms and Conditions of Hire and Carriage are set in place for the protection of the Hirer and the Service Provider.
These Terms and Conditions of Hire and Carriage are set in place for the protection of the Hirer and the Service Provider.
1. DEFINITIONS
1. DEFINITIONS
Service Provider: Lemco Transport.
Service Provider: Lemco Transport.
Client or Hirer: Any third party requesting a quotation or service.
Client or Hirer: Any third party requesting a quotation or service.
Quotation: Document from Lemco Transport containing a specific quote number and on official letterhead.
Quotation: Document from Lemco Transport containing a specific quote number and on official letterhead.
2. QUOTATIONS, AVAILABILITY, AND RESERVATIONS
2. QUOTATIONS, AVAILABILITY, AND RESERVATIONS
2.1 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. 3.1 Unless otherwise stated on the quotation a 50% deposit of the quoted price must be paid when accepting the quote, without this payment there will be no booking confirmed. This 50% deposit will be non-refundable if the booking is canceled within 6 (six) days prior to the departure date.
2.1 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. 3.1 Unless otherwise stated on the quotation a 50% deposit of the quoted price must be paid when accepting the quote, without this payment there will be no booking confirmed. This 50% deposit will be non-refundable if the booking is canceled within 6 (six) days prior to the departure date.
2.2 The outstanding amount of the booking must be paid in full 3 days prior to the departure date, if payment is not received the booking will be canceled and the deposit will NOT be refunded.
2.2 The outstanding amount of the booking must be paid in full 3 days prior to the departure date, if payment is not received the booking will be canceled and the deposit will NOT be refunded.
2.3 If the booking is canceled on the day of departure there will be no refund.
2.3 If the booking is canceled on the day of departure there will be no refund.
2.4 Proof of payments must be sent to info@lemco-transport.co.za
2.4 Proof of payments must be sent to info@lemco-transport.co.za
2.5 No vehicle will be released without the full payment received unless the client is considered a preferred client.
2.5 No vehicle will be released without the full payment received unless the client is considered a preferred client.
2.2 Prices based on the services of outside contractors may vary in the event of a change in direct charges to the service provider. Any increase in charges will be passed on to the Hirer.
2.2 Prices based on the services of outside contractors may vary in the event of a change in direct charges to the service provider. Any increase in charges will be passed on to the Hirer.
2.3 Confirmation of services will only be processed and confirmed by the service provider, once an acceptance of an official order, a confirmed quotation for the requested service, is received from the Hirer.
2.3 Confirmation of services will only be processed and confirmed by the service provider, once an acceptance of an official order, a confirmed quotation for the requested service, is received from the Hirer.
2.4 All prices quoted are subject to change because of changes in the information received from the client, necessary route changes and alternate routes, time changes, road works, bad road conditions, floods, fires, natural disasters, sub-hiring / sub-contracting, excessive fuel increases, and any other unforeseen factors.
2.4 All prices quoted are subject to change because of changes in the information received from the client, necessary route changes and alternate routes, time changes, road works, bad road conditions, floods, fires, natural disasters, sub-hiring / sub-contracting, excessive fuel increases, and any other unforeseen factors.
2.5 The hirer is responsible for saving and securing parking for all vehicles.
2.5 The hirer is responsible for saving and securing parking for all vehicles.
2.6 All quotes are valid for 7 (seven) days.
2.6 All quotes are valid for 7 (seven) days.
2.7 Quotations include the following: Vehicle as per quote
2.7 Quotations include the following: Vehicle as per quote
• Fuel
• Toll Charges
• Vehicle insurance
• Passenger Liability insurance
• Permits
• Driver
2.8 Quotations do not include
2.8 Quotations do not include
• Vehicle Entrance Fees
• Parking fees
• Driver’s Accommodation (Single Room), unless otherwise agreed on the quote
• Driver’s Meals (3 Meals per day), unless otherwise agreed on the quote
• Additional kilometers are driven not specified in the quote.
3. PAYMENT, CANCELLATIONS, AND REFUNDS
3. PAYMENT, CANCELLATIONS, AND REFUNDS
3.1 A booking will be confirmed upon receipt of a signed quotation.
3.1 A booking will be confirmed upon receipt of a signed quotation.
3.6.2 The invoice will be payable 1 (one) day after the departure date.
3.6.2 The invoice will be payable 1 (one) day after the departure date.
3.6.3 The service provider does not offer any other term accounts like 30day or 30day after statements. Invoices are immediately due after the invoice date.
3.6.3 The service provider does not offer any other term accounts like 30day or 30day after statements. Invoices are immediately due after the invoice date.
3.6.4 If the booking is canceled within 6 days of the departure date there will be a 50% cancellation fee charged, subject to the service provider's discretion.
3.6.4 If the booking is canceled within 6 days of the departure date there will be a 50% cancellation fee charged, subject to the service provider's discretion.
3.6.5 If the booking is canceled on the day of departure within 1 hour of the scheduled departure time, there will be a 100% cancellation fee charged, subject to the service provider's discretion.
3.6.5 If the booking is canceled on the day of departure within 1 hour of the scheduled departure time, there will be a 100% cancellation fee charged, subject to the service provider's discretion.
3.7 All cancelations must be done in writing.
3.7 All cancelations must be done in writing.
3.8 Making payment does not constitute a confirmation of a quotation.
3.8 Making payment does not constitute a confirmation of a quotation.
3.9 The service provider reserves the right to change or charge a cancellation fee and/or refund at their discretion.
3.9 The service provider reserves the right to change or charge a cancellation fee and/or refund at their discretion.
3.10 The service provider reserves the right to recover from the client any costs or charges incurred from suppliers due to cancellation. Where the service provider sub-hiring the services of an outside supplier on the client’s behalf, the cancellation charges applicable to that supplier shall apply?
3.10 The service provider reserves the right to recover from the client any costs or charges incurred from suppliers due to cancellation. Where the service provider sub-hiring the services of an outside supplier on the client’s behalf, the cancellation charges applicable to that supplier shall apply?
3.11 The service provider will only issue a refund after the cancelation policy has been applied.
3.11 The service provider will only issue a refund after the cancelation policy has been applied.
3.12 All refund requests must be done in writing and sent to info@lemco-transport.co.za
3.12 All refund requests must be done in writing and sent to info@lemco-transport.co.za
3.13 The Service provider will start the process of a refund once the service provider received:
3.13 The Service provider will start the process of a refund once the service provider received:
3.14 Refunds will take 14 working days to process.
3.14 Refunds will take 14 working days to process.
If the client is a preferred client of the service provider, the client will receive a quotation stating that client is a preferred client of the service provider, and the following Payment Terms will be subject to the client:
If the client is a preferred client of the service provider, the client will receive a quotation stating that client is a preferred client of the service provider, and the following Payment Terms will be subject to the client:
• A refund requests
• Proof of banking details, with a bank stamp, in the hirer’s name
• No refunds will be made into a 3rd parties account.
4. ADDITIONAL CHARGES
4. ADDITIONAL CHARGES
Additional charges may be levied for the following:
Additional charges may be levied for the following:
4.1 Any damages to vehicles, as a result of negligence or disorderly behavior by the passengers.
4.1 Any damages to vehicles, as a result of negligence or disorderly behavior by the passengers.
4.2 Cleaning charges where the vehicle was returned with an excessively dirty interior.
4.2 Cleaning charges where the vehicle was returned with an excessively dirty interior.
4.3 Any damages or loss suffered by the service provider due to the failure to return the vehicle on the agreed return date.
4.3 Any damages or loss suffered by the service provider due to the failure to return the vehicle on the agreed return date.
4.4 All fines, legal costs, and any unforeseen costs payable for a violation assessed against the vehicle and/or owner thereof except were caused by the fault of the service provider.
4.4 All fines, legal costs, and any unforeseen costs payable for a violation assessed against the vehicle and/or owner thereof except were caused by the fault of the service provider.
4.5 Services not stipulated in the original quotation.
4.5 Services not stipulated in the original quotation.
5. COACH RULES AND REGULATIONS
5. COACH RULES AND REGULATIONS
5.1 A Coach / Bus Driver shall always 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 for the benefit of the passengers traveling to ensure their comfort and safety.
5.1 A Coach / Bus Driver shall always 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 for the benefit of the passengers traveling to ensure their comfort and safety.
5.2 Smoking is not allowed in any vehicle.
5.2 Smoking is not allowed in any vehicle.
5.3 The use of alcohol is not allowed on any vehicle.
5.3 The use of alcohol is not allowed on any vehicle.
5.4 Seating and standing
5.4 Seating and standing
5.4.1 The Hirer will not permit the carrying of more passengers and/or luggage than the authorized 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.
5.4.1 The Hirer will not permit the carrying of more passengers and/or luggage than the authorized 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.
5.4.2 Passengers are requested to wear the safety belts where fitted.
5.4.2 Passengers are requested to wear the safety belts where fitted.
5.5 No unauthorized passengers are allowed on the bus/coach during the tour.
5.5 No unauthorized passengers are allowed on the bus/coach during the tour.
5.6 Air vents and air conditioners are to be operated according to specifications.
5.6 Air vents and air conditioners are to be operated according to specifications.
5.7 No heavy or sharp objects are to be stored in the overhead parcel racks.
5.7 No heavy or sharp objects are to be stored in the overhead parcel racks.
5.8 No feet are allowed to be placed on the seats and dashboard.
5.8 No feet are allowed to be placed on the seats and dashboard.
5.9 No objects are allowed to be placed against the outside of the vehicle.
5.9 No objects are allowed to be placed against the outside of the vehicle.
5.10 Passengers are not to leave any personal belongings in the bus/coach and the service provider will not accept liability for any loss of personal belongings of any nature.
5.10 Passengers are not to leave any personal belongings in the bus/coach and the service provider will not accept liability for any loss of personal belongings of any nature.
5.11 No passenger is allowed to board or disembark the vehicle whilst it is in motion and movement while in motion should be limited to emergencies only.
5.11 No passenger is allowed to board or disembark the vehicle whilst it is in motion and movement while in motion should be limited to emergencies only.
5.12 No additional kilometers will be operated other than those specified in the official quote or unless the service provider’s management has given proper authorization to the driver.
5.12 No additional kilometers will be operated other than those specified in the official quote or unless the service provider’s management has given proper authorization to the driver.
5.13 Keep the bus/coach clean at all times by using the litter bags provided. Passengers will be held responsible for the cleanliness of the vehicle.
5.13 Keep the bus/coach clean at all times by using the litter bags provided. Passengers will be held responsible for the cleanliness of the vehicle.
5.14 Passengers are to be made aware of procedures during emergencies and take note of emergency exits, the placement of the fire extinguisher, and the proper embarking and disembarking of passengers with specific attention to immediate terrain surrounding animals and immediate traffic.
5.14 Passengers are to be made aware of procedures during emergencies and take note of emergency exits, the placement of the fire extinguisher, and the proper embarking and disembarking of passengers with specific attention to immediate terrain surrounding animals and immediate traffic.
6. DAMAGE CAUSED TO VEHICLE
6. 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.
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.
7. PASSENGER LUGGAGE AND PERSONAL EFFECTS
7. PASSENGER LUGGAGE AND PERSONAL EFFECTS
7.1 Baggage and personal belongings are carried entirely at the owner’s risk. The service provider shall not be liable for any loss or damage to luggage or personal belongings, under any circumstances.
7.1 Baggage and personal belongings are carried entirely at the owner’s risk. The service provider shall not be liable for any loss or damage to luggage or personal belongings, under any circumstances.
7.2 Passengers shall, under no circumstances, carry with them on the Bus/Coach or on any trailer attached thereto weapons, explosives, or items which are, in the sole opinion of The service provider, its employees or officials, dangerous or hazardous or of such nature as is likely to cause offense or injury to other passengers or damage to their property.
7.2 Passengers shall, under no circumstances, carry with them on the Bus/Coach or on any trailer attached thereto weapons, explosives, or items which are, in the sole opinion of The service provider, its employees or officials, dangerous or hazardous or of such nature as is likely to cause offense or injury to other passengers or damage to their property.
8. Lemco Transport's right to decline
8. Lemco Transport's right to decline
8.1 Either party reserves the right to decline, execute or complete any contract, should the
8.1 Either party reserves the right to decline, execute or complete any contract, should the
conditions set out in this document not be strictly adhered to.
conditions set out in this document not be strictly adhered to.
8.2 These rights, when exercised by the service provider, shall be without prejudice to its rights to claim damages or other relief from the Hirer.
8.2 These rights, when exercised by the service provider, shall be without prejudice to its rights to claim damages or other relief from the Hirer.
9. SEATING CAPACITY
9. SEATING CAPACITY
The Hirer will not permit the carrying of more passengers than the authorized 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.
The Hirer will not permit the carrying of more passengers than the authorized 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.
10. TIMEKEEPING AND TOUR AMENDMENTS
10. TIMEKEEPING AND TOUR AMENDMENTS
10.1 The service provider 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.
10.1 The service provider 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.
11. INDEMNITY
11. INDEMNITY
This Agreement is governed by South African Law and subject to South African jurisdiction.
This Agreement is governed by South African Law and subject to South African jurisdiction.
Jurisdiction
The service provider 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 the service provider.
The service provider 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 the service provider.
The liability of the service provider in the aforementioned circumstances will be limited to the invoice price.
The liability of the service provider in the aforementioned circumstances will be limited to the invoice price.
i. The service provider shall not be responsible for the consequences of any delays caused due to cause beyond the service provider's reasonable control and occurring without its fault or negligence.
i. The service provider shall not be responsible for the consequences of any delays caused due to cause beyond the service provider's reasonable control and occurring without its fault or negligence.
ii. The service provider 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 the service provider.
ii. The service provider 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 the service provider.
The provisions of this clause are stipulated for the benefit of the service provider, its servants, agents, nominees, and sub-contractors who are exempted accordingly.
The provisions of this clause are stipulated for the benefit of the service provider, its servants, agents, nominees, and sub-contractors who are exempted accordingly.
This document replaces and supersedes any previous conditions of hire and carriage.
This document replaces and supersedes any previous conditions of hire and carriage.
The Hirer will secure a detailed itinerary highlighting all departure and arrival times, and venues on route departure and arrival times, to ensure punctuality thereof. Sufficient time must be made available for coordination with other modes of transport on arrival times at destinations and venues. The Hirer indemnifies the service provider from any claims, which may arise from stopping at venues and altering the departure times not agreed upon, prior to or during the journey, as per the official itinerary.
The Hirer will secure a detailed itinerary highlighting all departure and arrival times, and venues on route departure and arrival times, to ensure punctuality thereof. Sufficient time must be made available for coordination with other modes of transport on arrival times at destinations and venues. The Hirer indemnifies the service provider from any claims, which may arise from stopping at venues and altering the departure times not agreed upon, prior to or during the journey, as per the official itinerary.
Should the fulfillment of any journey be rendered impossible, illegal, or in the opinion of the service provider inadvisable for any reasonable cause, The service provider 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 the service provider may think fit or change drivers and/or vehicles en route or use public transportation to convey passengers.
Should the fulfillment of any journey be rendered impossible, illegal, or in the opinion of the service provider inadvisable for any reasonable cause, The service provider 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 the service provider may think fit or change drivers and/or vehicles en route or use public transportation to convey passengers.
1 b. The service provider 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 the service provider. The liability of the service provider in the aforementioned circumstances will be limited to the invoice price.
1 b. The service provider 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 the service provider. The liability of the service provider in the aforementioned circumstances will be limited to the invoice price.
i. The service provider shall not be responsible for the consequences of any delays caused due to causes beyond the service provider's reasonable control and occurring without its fault or negligence.
i. The service provider shall not be responsible for the consequences of any delays caused due to causes beyond the service provider's reasonable control and occurring without its fault or negligence.
ii. The service provider 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 the service provider.
ii. The service provider 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 the service provider.
1 c. The provisions of this clause are stipulated for the benefit of the service provider, its servants, agents, nominees, and sub-contractors who are exempted accordingly.
1 c. The provisions of this clause are stipulated for the benefit of the service provider, its servants, agents, nominees, and sub-contractors who are exempted accordingly.
1 d. This document replaces and supersedes any previous conditions of hire and carriage.
1 d. This document replaces and supersedes any previous conditions of hire and carriage.
11.2 The Hirer will secure a detailed itinerary highlighting all departure and arrival times, and venues on route departure and arrival times, to ensure punctuality thereof. Sufficient time must be made available for coordination with other modes of transport on arrival times at destinations and venues. The Hirer indemnifies The service provider from any claims, which may arise from stopping at venues and altering the departure times not agreed upon, prior to or during the journey, as per the official itinerary.
11.2 The Hirer will secure a detailed itinerary highlighting all departure and arrival times, and venues on route departure and arrival times, to ensure punctuality thereof. Sufficient time must be made available for coordination with other modes of transport on arrival times at destinations and venues. The Hirer indemnifies The service provider from any claims, which may arise from stopping at venues and altering the departure times not agreed upon, prior to or during the journey, as per the official itinerary.
Should the fulfillment of any journey be rendered impossible, illegal, or in the opinion of The service provider inadvisable for any reasonable cause, The service provider 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 The service provider may think fit, or change drivers and/or vehicles en route or use public transportation to convey passengers.
Should the fulfillment of any journey be rendered impossible, illegal, or in the opinion of The service provider inadvisable for any reasonable cause, The service provider 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 The service provider may think fit, or change drivers and/or vehicles en route or use public transportation to convey passengers.