Ground Transport Solutions Africa: Terms and Conditions of Hire and Carriage

1. Availability and Reservations

a. This agreement is 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.
b. Quotations are always in South African Rand and are valid up to 30 days.
c. Prices based on the services of outside contractors may vary in the event of change in direct charges to Ground Transport Solutions Africa. Any increase in charges will be passed on to the Hirer.
d. An acceptance of the quotation will be regarded as an acceptance on Ground Transport Solutions Africa conditions of Hire and Carriage.
e. Confirmation of services will only be processed and confirmed by Ground Transport Solutions Africa once an acceptance of an official order, voucher or payment for the requested service, in return from the Hirer, is received.

2. Cancellation Policy

This agreement cannot be cancelled except by mutual written consent between Ground Transport Solutions Africa and the Hirer Ground Transport Solutions Africa shall be at liberty in its discretion to charge the hiring charge of a cancellation fee or any percentage thereof at:

a. 10% of the tariff - within two weeks prior to the departure date;
b. 50% of the tariff - within 10 working days prior to the departure date;
c. 100% of the tariff - within 5 working days prior to the departure date and should the coach have been dispatched for a service already.

3. Compliance with Law and Instructions given by the Driver

a. 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.
b. Labour Act (Wage Determination 452)
The Hirer undertakes to ensure that the passengers will obey any lawful instruction given by the driver of the vehicle, as far as it relates to the safety of the passengers and the vehicles concerned. The Hirer further undertakes to ensure that the driver, approved Ground Transport Solutions Africa, shall drive the vehicle at all times and that no passenger shall drive or attempt to drive the vehicles, obstruct or impair the driver of any authorized person in the course of his/her duty. The Hirer, furthermore, undertakes to ensure that the working hours of the driver, as set out hereunder, are adhered to.
i. Working Hours (as per Wage Determination Act 452 or agreed otherwise)
Coach Driver's hours of work are limited to 45 hours per week spread over six days. Actual driving time may not exceed this prescription and it is complimented with duties such at pre-and after trip inspections. If a tour is longer than 7 days, the rest day(s) must be taken as near as possible to the week in which it (they) became due. Spread over time may not exceed 15 hours per day in which the actual hours of work should be performed and actual work, inclusive of overtime, should not exceed 10 hours.
ii. Spread Over
In the case of a member of the operating staff, the ordinary hour of work, including the meal interval where applicable, and all over time, shall on any one day be completed within a spread-over of 14 hours, provided that if the hours of work on any day are not more than seven, the spread-over for the day may be 15 minutes.
iii. Drivers' meals and accommodation
Drivers are entitled to three meals a day when not returning to its base or R 250.00 per day and separate accommodation.

4. Tour Guides

The Tourism Second Amendment Act 2000 (Act No. 70 of 2000), with o1 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)
a. "Prohibitions"
i. 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;
ii. No person, company or closed corporation employing a tourist guide may allow that tourist guide to drive a vehicle in contravention of subsection (4);

5. Coach Rules and Regulations

a Coach Driver shall at all time 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 and regulations are there for every passenger travelling on the coach to ensure their safety and comfort:
a. Smoking in not allowed on coaches;
b. The drinking or red wine and the drinking/eating of any dairy products is not allowed on coaches unless on prior arrangement;
c. Seating and standing
i. The hirer will not permit the carrying of more passengers that 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;
ii. Passengers are requested to wear the safety belts where fitted.
d. No unauthorized passengers are allowed during the service;
e. Air vents and air conditioners are to be operated according to specifications;
f. No heavy sharp objects are to be stored in the overhead parcel racks;
g. No feet are allowed to be placed on the seats and dashboard;
h. No objects are allowed to be placed against the outside of the coach;
i. Passengers are not to leave any personal belongings in the coach where they can be seen by passersby and after the completion of the service;
j. Cell phones are Ground Transport Solutions Africa emergencies only;
k. No passenger is allowed to board or disembark the coach whilst it is in motion and movement whilst in motion should be limited to emergencies only;
l. No vehicle is authorized to travel on gravel or dirt roads unless proper prior authorization has been given to the driver by Ground Transport Solutions Africa;
m. No additional kilometres will be operated other than those specified in the official itinerary/program/service request or unless Ground Transport Solutions Africa management has given proper prior authorization in writing to the driver;
n. Keep the coach clean at all times in using the litterbags provided. Passengers will be held responsible for the cleanliness of the saloon;
o. Passengers to be made aware of procedures during emergencies and take note of emergency exits, the placement of the fire extinguisher and the first aid kit, the proper embarking and disembarking of passengers with specific attention to immediate terrain, surrounding animals and immediate traffic;
p. Tour guide/leader should have their own microphone on board, should the tour guide/leader make use of the microphone provided the driver must handle it with care and return in same conditions otherwise replaced.
6. Commission, Tips and Sale of Soft Drinks
Ground Transport Solutions Africa dissociates itself from the involvement in payment of commission and tips to coach drivers and that such action should not become a problem Ground Transport Solutions Africa. The sale of soft drinks, whilst on tour, is left to the discretion of the coach drivers.

7. Damage Caused to Vehicles

The Hirer will be responsible for any loss or damage caused to the vehicle, its fittings or equipment by the negligence of any passenger.

8. Passenger Luggage and Personal Effects

Baggage and personal belongings are carried entirely at owner's risk. Ground Transport Solutions Africa shall not be liable for any loss or damage to luggage or personal belongings, under any circumstances, carry with them on the coach or on any trailer attached thereto weapons, explosives or items which are, in the sole opinion of Ground Transport Solutions Africa, 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.

9. Payment

All payments for services to be rendered Ground Transport Solutions Africa must be paid in full by the Hirer, before the commencement of the services booked and confirmed.
Surcharge payment must be paid on the day of changes or before group departs.

10. Ground Transport Solutions Africa's Right to Decline

Ground Transport Solutions Africa 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 Ground Transport Solutions Africa, shall be without prejudice to its rights to claim damages or other relief from the Hirer.

11. Ground Transport Solutions Africa's Right to Sub-Contract

Ground Transport Solutions Africa reserve the right to sub-contract in case of emergency or by choice, and when this right is exercised, the substitute vehicle will, as far as circumstances permit, compare equally with Ground Transport Solutions Africa's own vehicle in comfort and reliability.
If Ground Transport Solutions Africa do not acquire such vehicles, it remains the Hirer's right to obtain a vehicle, which conforms to his own standard, and for Hirer's own cost. In this event, the Hirer is entitled to a refund of any monies paid to Ground Transport Solutions Africa from the point where the sub hired vehicle takes over the trip. In the event Ground Transport Solutions Africa 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 Ground Transport Solutions Africa. 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 that Hirer indemnifies Ground Transport Solutions Africa 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.

12. Seating Capacity

The Hirer shall not permit the carrying of more passengers that the authorized number of seats in the vehicle, and shall not allow any passenger to sit anywhere in or on the vehicle except in passengers seats provided.

13. Tariffs

Refer to negotiated STO rate sheet.
Surcharge in the event that the distance or time travelled by the coach during the rental period exceeds the maximum distance or time reflected on the quotation/invoice charged for.

14. Time Keeping and Tour Amendments

a. Ground Transport Solutions Africa 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 of act of God, or for any claims, damages and expenses arising from defects or failure as aforesaid, or any delays in starting, transit, arrival or return of any vehicles.
b. The Hirer will secure a detailed itinerary highlighting all departure and arrival Times, venues en 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 Ground Transport Solutions Africa 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.
c. Should the fulfilment of any journey be rendered impossible, illegal or in the reasonable opinion of Ground Transport Solutions Africa inadvisable for any reasonable cause, Ground Transport Solutions Africa may at any time cancel such journey or the remainder thereof or make an alteration in the route, accommodation, price or other details thereof that Ground Transport Solutions Africa may think fit, or change drivers and/or vehicles en route or use public transportation to convey passengers.

15. Toll and Fare Duties

unless otherwise stated, the quotation excludes all South African Road Toll fees. All cross border costs will be calculated, and be included in the quotation and will be for the clients account.

16. Indemnity

a. Notwithstanding any provisions in this Agreement , Ground Transport Solutions Africa 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:
i. any defect in the Vehicle and/or arising from the use by the Hirer of the Vehicle any luggage and/or property stolen from the Vehicle
ii. and damaged while in the Vehicle or left in the Vehicle after its return Ground Transport Solutions Africa.
iii. The unilateral withdrawal or non-provision of coaches by the Supplier and/or Sub Contractor on the date of services required and/or prior to date of services.
b. This exemption is further extended to include any consequential loss or damage for any claim whatsoever with regard the withdrawal of coaches prior to the date of services required, any other delay caused outside the control of Ground Transport Solutions Africa and/or it's sub-contractor, the breakdown of a vehicle en-route, to and from a destination. Therefore the Hirer waives any right to compensation for any loss or subsequential loss in any event or occurrence.
c. The provisions of the clause are stipulated for the benefit of Ground Transport Solutions Africa, its servants, agents, nominees and sub-contractors who are exempted accordingly.

Restricted travelling on gravel roads shall be allowed subject to final confirmation by Lodge/Hotel/Venue Management of acceptable road conditions. We reserve the right to refuse or limit travelling on any national, provincial, municipal or local roads whether gravel or tarred, should the Driver report unacceptable and/or unsafe road conditions.