Terms & Conditions
1. AVAILABILITY AND RESERVATIONS1.1) 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.
1.2) Quotations are always in South African Rand
1.3) Acceptance of a quotation will be regarded as an acceptance of Neils Transfers Conditions of Hire.
1.4) No booking is confirmed until the Hirer received written confirmation from Neils Transfers.
1.5) Confirmation of services will only be processed and confirmed by Neils Transfers, upon the receipt of payment for the requested service by the Hirer.
2. CANCELLATION POLICY
- 20% of the tariff – within two weeks prior to the departure date.
- 30% of the tariff – within one week prior to the departure date.
- 100% of the tariff – within 24 hours prior to the departure date.
3. COMPLIANCE WITH LAW AND INSTRUCTIONS GIVEN BY THE DRIVER3.1) MOTOR CARRIER TRANSPORTATION ACT, TOURISM ACT AND LABOUR ACT
The Hirer undertakes to observe any regulations of the Motor Carrier Transportation Act, Tourism Act and Labour 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.
3.2) LABOUR ACT (WAGE DETERMINATION 452)
The Hirer undertakes to ensure that the passengers will obey any lawful instruction issued by the driver of the vehicle, particularly where it relates to the safety of passengers and the vehicle/s concerned. The Hirer further undertakes to ensure that the driver, shall drive the vehicle at all times and that no passenger shall drive or attempt to drive the vehicle, obstruct or impair the driver of any authorised person in the course of his duty.
3.3) DRIVERS MEALS AND ACCOMMODATION
The Hirer must supply the driver with three meals a day when not returning to our depot, or as specified by Neils Transfers.
Drivers must have a separate room with en-suite facilities when not returning to our depot.
4. COACH RULES AND REGULATIONSA 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 strictly adhered to. These rules and regulations are specified for every passenger traveling on a coach, so as to ensure their safety and comfort:
- Smoking is strictly prohibited on all vehicles.
- The drinking of any alcohol, or eating are not permitted on all vehicles.
- The hirer will not permit the carrying of more passengers than the authorised 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 unauthorised passengers are allowed on the vehicle during the tour.
- Air vents and air conditioners are to be operated according to the specifications.
- No passenger is allowed to board or disembark the coach whilst it is moving, and movement whilst the vehicle is in motion should be limited to emergencies only.
- No vehicle is authorised to travel on gravel or dirt roads, unless proper prior authorisation has been given by Neils Transfers management. However, even if a driver has authorisation from the office to travel on a dirt road, he has a mandate not to do so, should he 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 Neils Transfers management has given proper prior authorisation in to the driver.
- Passengers must be aware of the emergency exits, and the placement of the fire extinguisher.
- A tour guide/leader must have their own microphone on board. Should the tour guide/leader make use of the microphone provided by the driver, it must be handled with care and be returned to the driver in same condition as originally provided. Should this not be the case, the Hirer might be held liable for the replacement of the microphone.
5. DAMAGE CAUSED TO VEHICLESThe Hirer 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.
7. PASSENGER LUGGAGE AND PERSONAL EFFECTSBaggage and personal belongings are carried entirely at owner’s risk. Neils 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 coach or trailer attached thereto, weapons or explosives .
8. PAYMENTAll payments for services rendered by Neils Transfers must be paid in full by the Hirer, seven days prior to the commencement of the services which have been booked and confirmed.
9. RIGHT TO SUB-CONTRACTNeils 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 Neils Transfers own vehicle in comfort and reliability. In the event of Neils Transfers 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 Neils Transfers. It shall be deemed that the Hirer indemnifies Neils Transfers against any claim for damage or otherwise, whatsoever, resulting from the driving of the substituted vehicle specifically, but not limited to the reckless and/or negligent driving thereof.
14. TIME KEEPING AND TOUR AMENDMENTS14.2) The Hirer will secure a detailed itinerary, highlighting all departure and arrival times on route, as well as all venues, to ensure good time management. Sufficient time must be made available for coordination with other modes of transport at destinations and venues.
14.3) The Hirer indemnifies Neils Transfers from any claim 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.
14.4) Should the fulfilment of any journey be rendered impossible, illegal, or in the opinion of Neils Transfers inadvisable for any reasonable cause, Neils Transfers may at any time make an alteration to the route, , that Neils Transfers may think fit, in its sole and absolute discretion.
14.5) Neils Transfers may change drivers and/or vehicles en route.
14.6) If the Hirer fails to inform Neils Transfers of any change to their itinerary that incurs extra expenses, the Hirer will be held responsible for all costs in relation thereto.
15. TOLL FEESToll fees are included in the quoted price .
16. INDEMNITY16.1) Neils 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 Hirer or any other party due to and/or arising from:
- any defect in the Vehicle and/or arising from the use by the Hirer of the Vehicle
- and/or any luggage
- and/or property stolen from the Vehicle and damaged while in the Vehicle or left in the Vehicle after its return to Neils Transfers
17. GOVERNING LAWThese conditions, and the relationship between Neils Transfers and the Hirer, are governed by the Laws of the Republic of South Africa and the Hirer consents to the exclusive jurisdiction of the South African Courts. Neils 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.
18. CODE OF PRACTISERegistered drivers and vehicles
Neils Transfers will comply with all national- and regional provisions and regulations relating to the provision of the Transportation Board.
Neils Transfers will use only drivers with valid PDP’s and correct driving codes.
Neils Transfers will only use vehicles that are registered and with correct/valid transport permit documents.
19. HEALTH AND SAFETY19.1) SAFETY
Neils 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
- Seat belts on all seats
- Satellite tracking devices on all vehicles
- 24 hours-a-day, 7 days-a-week operational- and technical emergency standby Mercedes Benz agent representatives available nationally
- Roll-over protection as per manufacturers specifications
In the event of an emergency situation, a replacement vehicle shall be supplied as soon as reasonably possible, to continue with the service.
20. VEHICLE MAINTENANCE
- Drivers conduct a pre-departure inspection before every trip
- Major services are carried out every 30 000 km, unless otherwise specified by the manufacturer.
- Only new tyres that comply with SABS regulations may be fitted on our vehicles. Tread patterns are carefully monitored every 7000kms.
- Spare wheels have a minimum of 8 mm tread on coaches.
- A Certificate of Fitness (COF) service is conducted every 6 months at a certified testing station.