1.1 In this Agreement, unless inconsistent with or otherwise indicated by the context, when written in capital letters and used in this Agreement –
1.1.1 “Accessories” means any accessories or spares provided to the Client together with Bike which shall include 1 (one) spare tube and patch kit and any other accessories requested by the Client;
1.1.2 “the/this Agreement” means the agreement as set out herein, together with the Reservation Form completed by the Client;
1.1.3 “Bike” means the bicycle defined in the Reservation Form;
1.1.4 “the Client” means the adult individual defined in the Reservation Form as the person that shall hire the bike in terms of this Agreement;
1.1.5 “iRide Africa” means Iride Africa Tours, a division of Cape Adventure Brands, registration number 2019/041331/07, a private company with limited liability duly incorporated in terms of the laws of the Republic of South Africa;
1.1.6 “Rental” means the daily rental payable by the Client in respect of the hiring of the Bike;
1.1.7 “Reservation” means the reservation made by the Client , upon completion and submission of a Reservation Form and payment of the Rental;
1.1.8 “the Reservation Form” means the reservation form submitted by the Client upon reserving the hire of the Bike in terms of this Agreement;
1.2 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of this Agreement, shall not apply.
1.3 This Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
1.4 The expiration, cancellation or other termination of this Agreement shall not affect those provisions of this Agreement as expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
1.5 Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of the agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
2 HIRE AND PAYMENT
2.1 The Client shall make the Reservation by completing and submitting the Reservation Form, electronically and making payment of the Rental and/or deposit in terms of clause 2.4.
2.2 This Agreement shall be concluded between the Parties upon the signing of these standard terms and conditions and payment of the Rental and deposit.
2.3 The Client shall hire the Bike subject to the terms and conditions set out in this Agreement.
2.4 The Client shall pay the Rental plus a deposit equal to the amount specified by iRide Africa prior to delivery of the Bike to the Client.
2.5 In the event that the Reservation is cancelled by the Client, for any reason whatsoever, except as a result of hospitalisation or death of the Client, iRide Africa shall be entitled to retain the Rental in lieu of a cancellation fee.
2.5.1 The Client shall be entitled to cancel the Reservation, on written notice to iRide Africa no later than 30 days prior to the provision of the Services by iRide Africa, provided that such cancellation notice shall only be valid if iRide Africa acknowledges receipt thereof.
2.5.2 In the event that the Reservation is cancelled on written notice after the period referred to in paragraph 1 or in terms of clause 4.5, the Client shall be liable for a cancellation fee equal to 80% (eighty percent) of the Fee.
2.5.3 In the event that the Client fails to give notice of cancellation less than 7 days prior to the provision of the Services, or fails to give any notice or leaves the Tour prior to its completion, iRide Africa shall be entitled to the total Fee.
2.5.4 Notwithstanding anything contained in this Agreement, the Client shall not be liable to pay any cancellation fee in the event that the Reservation is cancelled as a result of the hospitalisation or death of the Client.
2.6 The Client shall inform iRide Africa if the bike is to be used in a bicycle race.
2.7 iRide Africa will allow Rental at races at their discretion and may charge an extra fee for this Rental.
3 DELIVERY AND RETURN
3.1 iRide Africa shall deliver the Bike and the Accessories to the Client on the date and at the time and address as agreed, and provided further that the Client shall not be entitled to take possession of the Bike if the Client has not provided iRide Africa with the following details –
3.1.1 the Client’s driver’s license, identity number or passport number;
3.1.2 the Client’s credit card details; and
3.1.3 the Client’s residential or hotel address.
3.2 The Client shall, on the date of delivery of the Bike and the Accessories, inspect the Bike and the Accessories and, unless the Client advises iRide Africa of any defaults, the Bike shall be deemed to be in good working order and condition. iRide Africa shall be entitled to charge costs to the client for any damages or loss of the Bike and the Accessories.
3.3 iRide Africa shall collect the Bike together with the Accessories from the address, at the time and date agreed between the Client and iRide Africa. The Client shall ensure that the Bike and the Accessories is available for collection as aforesaid. In the event that the Bike and the Accessories is not made available as aforesaid, the Client shall be responsible to return the Bike and the Accessories to iRide Africa and shall be charged the Rental in respect of each day, for which the Client was late in returning the Bike to iRide Africa.
3.4 iRide Africa shall, upon return of the Bike and the Accessories, inspect the Bike and the Accessories. In the event that the Bike and/or the Accessories is/are not in the same condition in which it was delivered to the Client, fair wear and tear excepted, iRide Africa shall be entitled to charge the costs of repairing such damage, as determined by iRide Africa, against cash payment or the credit card account of the Client, the details of which have been provided to iRide Africa. The Client hereby authorises iRide Africa to debit its credit card account with the total cost of repairing any damage to the Bike and the Accessories, fair wear and tear excepted, provided that iRide Africa has provided the Client with the quote in respect of such costs of repairs.
4 RESPONSIBILITIES AND WARRANTIES OF CLIENT
4.1 The Client shall –
4.1.1 maintain the Bike in perfect order and condition and return the Bike to iRide Africa in the same condition which it was in upon delivery to the Client, fair wear and tear excepted;
4.1.2 at all times ensure that the Bike is operated properly and safely and in accordance with all laws, regulations and by-laws applicable to the use of the Bike on a public road or mountain bike trail;
4.1.3 not ride or cause the Bike to be ridden on the beach, it being recorded that in the event that iRide Africa discovers that the Client has breached this clause 4.1.3, a minimum amount of R1550 (One Thousand Five Hundred and Fifty Rand) shall be payable to iRide Africa in respect of damages, provided that this shall not in any way prejudice iRide Africa’s rights in terms of this Agreement;
4.1.4 shall at all times keep the Bike in his/her possession and under his/her direct control and shall take reasonable care in the use of the Bike; and
4.1.5 take all necessary steps to protect the Bike against theft, loss or any damage whatsoever.
5 CLIENT’S LIABILITY
5.1 The Bike and the Accessories shall, from the date of delivery to the date of return of the Bike and the Accessories, be solely responsible for the Bike and the Accessories.
5.2 The Client shall be liable for any theft, loss or damage to the Bike and the Accessories and any other expenses incurred in recovering the Bike and the Accessories, however the theft, loss or damage is caused and whether or not is attributable to fault or negligence on the part of the Client.
6 EXCLUSION OF LIABILITY
6.1 It is recorded that the risk and dangers posed by the Client’s use of the Bike are beyond the control of iRide Africa. It is further recorded that, while using the Bike, the Client may suffer loss or damage as a result of the actions of third parties. The Parties accordingly agree that it is fair and reasonable to exclude the liability of iRide Africa for any loss, injury or damage suffered by the Client as a result of the Client’s use of the Bike.
6.2 The Client understands and assumes all risks and liability relating to the conclusion of this Agreement and the use of the Bike by the Client.
6.3 iRide Africa shall be under no liability to the Client whatsoever by reason of any loss, injury or damage whatsoever sustained by the Client or any third Party, arising in any way whatsoever, whether directly or indirectly, out of the use of the Bike by the Client.
7.1 The Client hereby indemnifies iRide Africa against and holds it harmless from any claims, liability, damage, loss, penalty, expense and cost of any nature whatsoever which iRide Africa may sustain as a result of or attributable to the loss or theft of or damage to the Bike, howsoever arising.
7.2 The Client hereby indemnifies iRide Africa against and holds it harmless from any claims, liability, damage, loss, penalty, expense and cost of any nature whatsoever which iRide Africa may sustain as a result of or attributable to the failure of the Client to fulfil its obligations in terms of this Agreement.
In the event of any of the Parties (“the Defaulting Party”) committing a breach of any of the terms of this Agreement and failing to remedy such breach within a period of 7 (seven) days after receipt of a written Notice from another Party (“the Aggrieved Party”) calling upon the Defaulting Party so to remedy, then the Aggrieved Party shall be entitled, at its sole discretion and without prejudice to any of its other rights in law, either to claim specific performance of the terms of this Agreement or to cancel this Agreement forthwith and without further Notice, claim and recover damages from the Defaulting Party.
9 NOTICES AND DOMICILIA
The Client chooses as its domicilia citandi et executandi the address, including e-mail address, set out in the Reservation Form completed by or on behalf of him/her upon making the Reservation for all purposes arising out of or in connection with this Agreement at which addresses all processes and notices arising out of or in connection with this Agreement, its breach or termination may validly be served upon or delivered to the Parties.
10.1 The Parties undertake at all times to do all such things, perform all such actions and take all such steps as may be reasonably necessary for the fulfilment and implementation of this Agreement in accordance with its spirit and intent.
10.2 Each of the provisions of this Agreement is separate and severable and enforceable accordingly. If any such term or condition is or becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition contained in this Agreement.
10.3 No alteration, cancellation, variation of, or addition to this Agreement shall be of any force or effect unless reduced to writing and signed by all Parties to this Agreement or their duly authorised representatives.
10.4 This Agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the Parties.
10.5 This document contains the entire Agreement between the Parties and no Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.