The following terms and conditions shall apply to the services ("the Services") to be provided by [BLACKWAGON] ("the Company") to our customers ("the Customer").
The charges payable by the Customer for the Services shall be at the rate specified in the Company's current schedule of charges available on its website. Where applicable, the charges for the Services will be zero rated for VAT. Customized quotes are valid for 30 days.
Our rates exclude all extraordinary fees, disbursements and expenses that may be incurred in providing the Services, including entrance, gate and toll fees, these fees will be for the Customer's account.
A waiting fee of R200 per hour will apply after fifteen minutes, in addition to the initial transfer rate, with a maximum waiting time of 2 hours. Should our driver wait longer than 2 hours, the booking will be changed to the applicable Flexi Drive rate.
A surcharge of R100 [per hour] per transfer will apply on all public holidays.
Unless the Customer is an approved account holder with the Company, all payments for Services must be received prior to our Services being provided or paid via credit card using the on board banking devices.
Account holders hereby authorize us to debit their nominated credit card on a monthly basis.
If the Customer disagrees with any invoice raised by the Company, the Customer is required to notify the Company in writing within 7 (seven) days of the date of the invoice, failing which the Customer will be deemed to have accepted the Company's invoice. Should any dispute be raised, the Company may in its discretion suspend the Services pending
resolution of the dispute.
Invoices shall be paid in full within 30 days of issue thereof.
The Company will be entitled to charge interest (at the Standard Bank prime lending rate)
on all invoiced amounts outstanding, for whatever reason, for more than 7 days from the
date of invoice.
The Customer shall not be entitled to withhold payment of monies due to the Company in circumstances where the Customer is in dispute with the Company and/or claims money or compensation from the Company in respect of the Services.
When opening the Customer's account with the Company, the Company may set a limit on the credit amount which it is willing to extend to the Customer. The Company may in its discretion suspend the Services in the event of this limit being reached. The Customer may also set a credit limit below that applied by the Company.
The Customer will be issued with an account security number, which must be quoted on all bookings. Notwithstanding the aforesaid, the Company does not accept any responsibility whatsoever when account security numbers are used by unauthorized personnel and/or for unauthorized purposes.
The Company does not carry insurance for goods or property (of whatsoever nature) in transit. Any claims arising from injury to the Customer in an accident in a BLACKWAGON vehicle are restricted to the amounts and the terms and conditions of the Passenger Liability policy held in place by the Company and the South African Road Accident Fund.
The punctual delivery of the Services to the Customer is important to the Company and the Company may choose not to charge the Customer or charge the Customer at a lower rate if it does not meet this standard.
Notwithstanding this objective, the Company gives no undertaking and makes no representation or warranty that the Customer will be collected within the Customer's stipulated time period (if any) and/or within any time period stated by the Company unless expressly agreed in writing by a Director of a Company.
The cancellation of any bookings must be given in writing not less than 2 hours in advance of the agreed collection time or, if the booking is located more than 100km from the centre of Cape Town, must be given not less than 8 hours prior to the agreed collection time. Bookings for 2 or more cars must be cancelled not less than 24 hours in advance. Failure to provide the cancellation within these time periods will render the Customer liable for the full fee of the Services that were to have been rendered.
To the maximum extent permitted by law, neither the Company, its subsidiaries and related or affiliated companies and trusts nor any of their respective directors, officers, trustees, beneficiaries, employees, servants, agents, advisors, insurers, predecessors or successors and assigns (collectively, "the indemnified parties") will be liable to the Customer or any third party claiming through it or on its behalf, in respect of any claim whatsoever for any loss, damages, costs, penalties or expenses directly or indirectly incurred through or as a result of any act or omission of the Company. Further, the Customer hereby irrevocably indemnifies the indemnified parties and at all times shall keep them indemnified and harmless from and against any and all actions, causes of action, claims, demands, damages, losses, interests, penalties, costs, expenses and compensation of whatsoever kind and howsoever arising which may be instituted or occasioned by any person against any of the indemnified parties which is in any way associated with or related to the provision of the Services.
BLACKWAGON respects the Customer's rights to privacy and, accordingly, all information obtained by the Company whilst carrying out the Services will be treated confidentially.
Smoking is not permitted in any of our vehicles.