OWNERS TERMS AND CONDITIONS

INTRODUCTION

By completing a Registration Form or offering a Classic Vehicle for hire and/or accepting a Booking through the Classic Rides Website the Owner is deemed to have read, understood and agreed to these Terms and Conditions and the Owner accepts them as valid, binding and applicable.

Classic Rides provides a booking platform for Customers to hire Classic Vehicles from their Owners, for various occasions or events.

Owners make available their vehicles for hire through the Classic Rides online booking service, subject to these Terms and Conditions, to target Customers wishing to book a Classic Vehicle.

1. INTERPRETATION

The following definitions and rules of interpretation apply in this agreement.

1.1. Definitions:

1.2. A person includes a natural person and juristic persons, incorporated or unincorporated and that person’s personal representative, legal representative, successors and permitted assigns.

1.3. A reference to an Owner shall include any Owner, or nominee of the Owner, wherever and however incorporated or established.

1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.6. A reference to any party shall include that party’s personal representatives, successors and permitted nominees.

1.7. A reference to writing or written includes email.

1.8. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.9. References to clauses and Schedules are to the clauses and Schedules of these Terms and Conditions.

1.10. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense the words, description, definition, phrase or term preceding those terms.

2. COMMENCEMENT, TERM AND TERMINATION

2.1. If the Owner wishes to make use of the Services offered by Classic Rides, the Owner is required to complete the online Registration Form, complete the Add Car Form and agree to the Owner's Terms and Conditions.

2.2. The Owner must complete the online Add Car Form and submit it to Classic Rides along with photographs of the Classic Vehicle and any additional information about the Classic Vehicle.

2.3. Classic Rides will notify the Owner, via email, if (in their sole discretion) they have accepted the Classic Vehicle stipulated in the Add Car Form.

2.4. Once Classic Rides receives the Owner’s completed Add Car Form, it will review the Add Car Form together with the photographs and additional information supplied. This will be done before the Owner’s car becomes available on the Website.

2.5. The Owner will inform Classic Rides of the price at which they wish to rent their Classic Vehicle to Customers. This price is an hourly rate together with an optional relocation fee.

2.6. These Terms and Conditions shall be valid and binding on the Owner subject to Clause 2.7, continue to be in force and effect until all Classical Vehicles have been removed from the Website by either the Owner or Classic Rides.

2.7. In the event that the Owner wishes to terminate their contract with Classic Rides, any Booking outstanding or unfulfilled at the date of termination will be the sole responsibility of Classic Rides. The Owner will not be permitted to fulfil any further bookings under the Classic Rides name. The Owner further indemnifies Classic Rides as is evident from Clause 6.

3. OBLIGATIONS OF CLASSIC RIDES

3.1. Classic Rides shall provide their Services to the Owner in accordance with these Terms and Conditions.

3.2. Classic Rides shall have the right and may at its sole discretion, change any of these Terms and Conditions at any time. Classic Rides will notify the Owner, in writing, of any material changes to these Terms and Conditions.

3.3. Classic Rides shall make the Website available for Bookings, but Classic Rides cannot due to the nature of internet services guarantee that the Website will be available and/or operational at all times.

3.4. In the event the Website is unavailable, Classic Rides shall attempt to solve any issues with the Website as soon as reasonably possible.

3.5. The Classic Rides booking process will ask the Customer for information which is intended to provide the Owner with basic information about the Customer and their requirements for the scheduled Booking. Classic Rides will not be liable for any information supplied or not supplied by the Customer to the Owner or from the Owner to the Customer.

3.6. Classic Rides shall communicate with the Owner via SMS, WhatsApp and/or email in relation to all confirmed Bookings.

3.7. Classic Rides shall hold the Deposit received from the Customer. The full payment for the booking shall be paid to the Owner, less Classic Rides’ Booking Fee, within 1-3 business days from the date the Booking was completed.

3.8. Once the Total Fee or the Deposit has been paid to Classic Rides, the Owner will receive the Customer’s contact information from Classic Rides in order to communicate with the Customer about the Booking.

4. OBLIGATIONS AND WARRANTIES OF THE OWNER

4.1. The Owner warrants that any Classic Vehicle/s supplied or uploaded or tendered to Classic Rides are roadworthy and comply with any and all relevant laws and regulations in the Republic of South Africa.

4.2. The Owner shall be responsible for uploading all the relevant information regarding the Classic Vehicle/s to the Website. Classic Rides reserves the right to require the Owner to photograph the Classic Vehicle/s and the Owner agrees to cooperate with Classic Rides in this regard at all times, where reasonable.

4.3. The Owner warrants that all information which the Owner has provided to Classic Rides and/or to the Customer through the Website or otherwise in relation to the Classic Vehicles or the Owner’s nominated driver shall be true and accurate.

4.4. The Owner warrants that any and all Classic Vehicles listed on the Website are properly registered, insured, taxed, service maintained, properly maintained and roadworthy at the commencement of any Booking and are compliant with the laws and rules of the Republic of South Africa.

4.5. The Owner shall ensure that the Classic Vehicle is washed, vacuumed and clean, both inside and outside and have a full tank of fuel, at the commencement of the Booking.

4.6. The Owner warrants that any photographs and other information which the Owner has provided to Classic Rides does not infringe on any third party’s Intellectual Property Rights and the Owner grants Classic Rides a perpetual, and irrevocable license to use the photographs of the Classic Vehicle.

4.7. The Owner warrants that the Owner or the Owner’s nominated driver has a valid driver’s license and any other requisite permits that may be required by law and that drivers are free from the influence of any drugs, alcohol or medication at the time of driving the Customer.

4.8. The Owner acknowledges and accepts that Classic Rides does not provide any kind of insurance for Classic Vehicles, the Customers, drivers, or passengers. The Owner therefore warrants that the Owner has taken out comprehensive insurance which covers, inter alia, the Classic Vehicles, their drivers, the Customers and any other passengers, in every regard. The Owner further warrants that he has taken out any other forms of insurance which he may be so obliged to do in terms of the laws of the Republic of South Africa.

4.9. The Owner shall contact the Customer and Classic Rides immediately or as soon as reasonably possible to inform the Customer of any changes or delays to the Booking.

4.10. The Owner hereby indemnifies Classic Rides, its employees shareholders, directors, members and assigns against any loss, liability, injury, death, damage or claims of whatsoever nature (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by Classic Rides arising out of the Service or Booking or any aspect thereof.

4.11. In the event that a booked Classic Vehicle breaks down whilst carrying a Customer (including group tour bookings), the Owner agrees and undertakes that instead of receiving the Hiring Fee, Classic Rides will provide reasonable compensation to the Customer (to be decided at the sole discretion of Classic Rides). The compensation includes but is not limited to, a full refund of the Hiring Fee paid by the Customer. All compensation fees paid to the Customer shall be deducted from the Hiring Fee.

4.12. The Owner shall, at least 2 days prior to the Booking, contact the Customer to confirm the details of the Booking and make sure the necessary arrangements for the Booking are in order. This includes confirming the time, duration, and the addresses for the booking.

4.13. The Owner agrees to contact the Customer in good time if any details of the Customer’s Booking are unclear.

4.14. The Owner shall ensure that all contact information provided to Classic Rides is up to date and accurate at all times.

4.15. . The driver of the Owner’s vehicle shall wear suitable business attire when carrying out the Booking through Classic Rides. No t-shirts, informal shirts, short pants or casual open shoes are permitted.

4.16. Where the Owner provides a driver for the purposes of the Booking, the driver shall be the sole responsibility of the Owner. Classic Rides accepts no liability for the ineligibility, inability, illegality, misconduct, negligence, omissions or another other act or omission of the Owner or driver whatsoever.

4.17. The Owner agrees to use its best endeavours to ensure that all enquiries from potential Customers are answered within 24 hours.

4.18. Once the Owner has accepted the booking request, or the Customer has accepted the Owner’s change of Total Fee that would be payable, the Owner is thereafter obliged to carry out the Booking as per the accepted Hiring Fee.

4.19. The Owner is responsible for updating the fees charged for the hire of their Classic Vehicle (including relocation fees) via the Classic Rides dashboard as they see fit. Price changes will only affect future bookings. The Owner is obliged to honour the quoted/agreed price for any booking enquiries or confirmed bookings submitted prior to the price change.

4.20. Prior to a deposit being paid, a Customer can request to view a Classic Rides vehicle and will be provided with the Owner’s contact information. The Owner can accept or decline the request. Should an Owner attempt to offer a Customer a direct/private booking, and bypass Classic Rides, this is considered a material breach (see clause 11), and Classic Rides reserves the right to immediately remove the Owner and all their vehicles from the Classic Rides website and reassign any future bookings.

4.21. After the Deposit has been paid, the Owner agrees to make the Classic Vehicle available for viewing and inspection by the Customer at a mutually agreed upon place, time and date.

4.22. The Owner acknowledges that Classic Rides only operates as a Booking Website, and Classic Rides has no influence on the number of Bookings made for the Classic Vehicle and cannot guarantee any level of revenue or any particular type of Customer.

4.23. The Owner shall at all times conduct himself in a proper and professional manner when dealing with Customers and Classic Rides, and the Owner shall ensure that his nominated driver (where applicable) likewise conducts himself professionally and courteously.

4.24. The Owner furthermore warrants that they shall not:

4.25. The Owner undertakes to maintain the availability of their vehicle on the Classic Rides website at all times. Should a vehicle not be available for specific dates, the Owner undertakes to mark the vehicle as unavailable via the Classic Rides dashboard.

5. BOOKING COSTS

5.1. The Total Fees which are payable under the Terms and Conditions consist of a Hiring Fee and a Booking Fee.

5.2. Classic Rides will charge a Booking Fee on top of the Hiring Fee.

5.3. Classic Rides will retain the Booking Fee and the Hiring Fee will be paid over to the Owner.

5.4. If VAT is payable, VAT shall be charged at the prevailing rate in the relevant jurisdiction and paid by the Owner and/or the Customer as the case may be.

6. LIMITATION OF LIABILITY AND INDEMNITES

6.1. The Owner shall be liable for and hereby indemnifies and releases Classic Rides, its employees shareholders, directors, members and assigns against all loss, liability, damages claims or expense of whatever nature which Classic Rides, or Customer may suffer as a result of, or which may be attributable to the failure by, the Owner or the Owner’s nominee to perform any of its obligations set out in these Terms and Conditions including, without limitation, any loss or damage caused by or arising from:

6.2. The Owner understands that Classic Rides is a booking agent and that Classic Rides does not have any control over the Customer or the Booking, nor does it furnish any warranties in this regard.

6.3. Classic Rides and its affiliates, shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, software, products, and services obtained through their Website, or otherwise arising out of the use of their Website, whether based on contract, delict, strict liability, or otherwise, even if Classic Rides or affiliates, have been advised of the possibility of damages.

6.4. The Owner shall indemnify Classic Rides against any loss, liability, injury, death, damage or claims of whatsoever nature (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by Classic Rides arising out of or as a result of any negligent act or omission on the part of the Owner.

7. NON SOLICITATION

7.1. For so long as these Terms and Conditions remain valid and binding, and for a period of 1 (one) year thereafter, the Owner will not directly or indirectly;

8. FEES, PAYMENT AND CANCELLATION

8.1. The Owner will liaise with Classic Rides at the time of finalising the quotation with the Customer to ensure that the parties are in agreement in terms of the Total Fee.

8.2. Classic Rides will obtain payment from the Customer in full before the commencement of the Booking.

8.3. Upon completion of the Booking, Classic Rides shall make payment to the Owner of the Hiring Fee, such payment to be made within 1-3 Business Days of completion of the Booking, subject to the Owner having complied with all of its obligations set out herein.

8.4. Once the Owner has confirmed availability for a Booking, the Customer will pay a minimum of 50% deposit upfront, which signifies acceptance. Once proof of payment of the Deposit has been received, the Booking is confirmed. The Booking is subject to cancellation if the remainder of the payment is not timeously received, does not reflect in Classic Rides’ bank account or is reversed.

8.5. In the event that the Owner fails to comply with its obligations, Classic Rides, in its sole discretion, shall be entitled to withhold anywhere between 25% and 100% of the Hiring Fee, depending on the materiality of the breach and the damage caused by such breach.

8.6. If the Customer cancels after the Booking has been confirmed but prior to the 7 day period preceding the Booking, then in such event the Owner shall receive 50% of the Total Fee less Classic Rides’ full Booking Fee if the Deposit has been received by Classic Rides.

8.7. If the Customer cancels within a 7 day period before the Booking is due to commence, Classic Rides shall pay the Owner in full, less Classic Rides’ Booking Fee, provided Classic Rides has been paid in full by the Customer.

8.8. If the Owner’s Classic Vehicle becomes unavailable for a Booking after availability has been confirmed and prior to the Booking being confirmed, the Owner must block off the date on their Classic Rides dashboard.

8.9. If the Owner cancels the Booking for any reason, including but not limited to the vehicle breaking down, or if the Booking is cancelled as a consequence of the Owner’s conduct after the Booking has been confirmed, the Owner is liable to Classic Rides for their Booking Fee.

8.10. In the event that a Classic Vehicle booked by the Customer becomes unavailable, the Owner shall, at his own cost, use reasonable endeavours to provide a replacement vehicle (where possible) of the same or higher standard at no additional cost to the Customer or to Classic Rides. Where this is not possible, the Owner is liable to provide a full refund to the Customer of the full amount paid by the Customer less the Classic Rides Booking Fee, which Classic Rides will reimburse.

8.11. In the event that the Customer cancels a booking, no payment shall be taken unless the cancellation has been made after a booking has been confirmed with the Owner (once the Customer has paid a Deposit).

9. FORCE MAJEURE

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

10. CONFIDENTIALITY

10.1. Each party undertakes that it shall not at any time, and for a period of five years after termination of these Terms and Conditions, disclose to any person any confidential information concerning the business, affairs, parties, customers or companies of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 10.2.

10.2. Each party may disclose the other party’s confidential information:

10.3. No party shall use any other party’s confidential information for any purpose other than to perform its obligations.

11. TERMINATION UPON BREACH

11.1. Without affecting any other right or remedy available to it, either party may terminate these Terms and Conditions with immediate effect by giving written notice to the other party if:

11.2. For the purposes of these Terms and Conditions, a material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from:

12. CONSEQUENCES OF TERMINATION

12.1. Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms and Conditions shall remain in force and effect.

12.2. Termination or expiry of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.

GENERAL TERMS

13. WHOLE AGREEMENT

13.1. These Terms and Conditions constitute the entire agreement between Classic Rides and the Owner and Classic Rides shall not be bound by any representations, undertaking, promises or the like not specifically recorded or incorporated herein.

13.2. No variation of these Terms and Conditions, waiver of rights, release from any obligation or consensual cancellation of the agreement between the parties shall have any effect unless made in writing and signed by both Classic Rides and the Owner.

13.3. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

14. NON VARIATION

No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

15. WAIVER

No indulgence, latitude, extension of time or omission by Classic Rides shall constitute a waiver by Classic Rides of any of the rights afforded to it under these Terms and Conditions and shall not in any circumstance give rise to a defence of estoppel.

16. RIGHTS AND REMEDIES

Except as expressly provided in these Terms, the rights and remedies provided are in addition to, and not exclusive of, any rights or remedies provided by law.

17. SEVERABILITY

If any of these Terms or Conditions should be determined to be invalid, illegal, unenforceable for any reason by any court of competent jurisdiction then such term or condition are severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

18. TIME OF THE ESSENCE

Time is of the essence for any obligation in this agreement.

19. NOTICES

19.1. Any notice or other communication given to a party under or in connection with these Terms and Conditions shall be in writing and shall be delivered by hand or by registered post, or email to:

19.2. Any notice or communication shall be deemed to have been received:

20. DATA PROTECTION

20.1. Classic Rides shall process all personal data received from the Owner in accordance with the Electronic Communications Act, 25 of 2002, the Promotion of Personal Information Act 4 of 2013 and its privacy policy, which can be found on the Website at https://www.classic-rides.co.za/privacy-policy/.

20.2. Classic Rides may update its privacy policy from time to time by publishing a new version on the Website. The Owner should check the aforementioned web-page occasionally to ensure it is aware of any updates or changes to Classic Rides’ privacy policy.

21. THIRD PARTY RIGHTS

No one other than a party to these Terms and Conditions, their successors and permitted assignees, shall have any right to enforce any of its terms.

22. JURISDICTION AND GOVERNING LAW

These Terms and Conditions (including their validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the Parties in terms of and arising out of the conclusion, breach and termination of the provisions of this Agreement), shall be interpreted and governed in all respects by the laws of the Republic of South Africa. The Parties hereby submit to the non-exclusive jurisdiction of the Cape Town Magistrate’s Court, notwithstanding the quantum which may be involved.