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Ticket considered Prima Facie proof of agreement: This ticket is prima facie proof of the agreement of transport
between INTERCAPE and the passenger. The conditions on the ticket are a summary of the agreement
between the passenger and INTERCAPE. Border Control: Passports are compulsory on all Cross Border routes and remain
the sole responsibility
of the passenger. INTERCAPE accepts no responsibility
for passengers who are not in possession of proper and valid travel
documents, or where entry to any country or territory is refused to any
person for any reason. No passenger shall have any claim of any nature
against INTERCAPE or its appointed agents, should he/she be prevented from
undertaking or continuing with any journey as a result thereof. Cancellations, Refunds and Transfers:
Cancellations, refunds and transfers
are possible for tickets booked in Full Flexi and Flexi classes. Tickets booked in the Saver class can
only be cancelled, refunded or transferred when upgraded to either the Flexi
or Full Flexi classes. Transfer/Upgrade fees will be levied
when upgrading/transferring to a higher fare booking class. Cancellations, refunds and transfers
are possible for tickets booked in Full Flexi and Flexi classes. Transfer/Upgrade fees might be levied when upgrading/transferring to
a higher fare booking class or different date and time. All cancellations more than 3 hours before departure carry a 10%
penalty.. Cancellations within 3 hours or after departure time carry a 100%
penalty, or an 25% transfer fee can be done within 3 hours after the
departure time to book for the next journey.. Cancellations should be done telephonically or at any INTERCAPE
office nation-wide. Positive proof of
identification will be required (faxed).. No cancellation can be done when a ticket was transferred once
already SAVER tickets will only be refunded with vouchers (valid for 3 months) Children: Unaccompanied children between 7 and 12 years will be allowed
to travel on INTERCAPE Mainliner and Sleepliner and an indemnity form has to
be completed by the legal guardian or parent. No unaccompanied children under 12 years will be allowed on
cross-border routes. Credit Card Purchases: In the case of credit card bookings made via website or call centre (ie card-not-present),
the card holder will need to present the Credit Card and ID on boarding the bus or at an Intercape Office 24 hours (or more) before departure. Alternatively, A copy of the front and the back of the credit card, together with a copy of the ID document of the cardholder must be faxed to the Call Centre, as well as the signed permission that the cardholder gives authorisation that the transaction may be completed and is valid.
Complaints: Should you have a complaint in
respect of INTERCAPE, you should inform INTERCAPE within 7 days of the
incident. INTERCAPE will unfortunately not consider any complaints
after the 7-day period has expired. Departure time: Passengers must be at the departure points 30 minutes prior to
the departure time as reflected on the ticket. The check-in closes 10 minutes prior to departure. Any
passenger arriving later than 10 minutes before the departure time as
reflected on the ticket, will waive their right to such a ticket and such a
ticket will be made available to standby passengers on a first come first
serve basis. Exclusion of Liability: All persons entering INTERCAPE coach/ bus and/or property
owned by INTERCAPE or under its control, do so entirely at their own risk and
the liability of INTERCAPE is excluded for any loss or damages (including
consequential or special damages or loss of profits), loss of life, bodily
injury or damage to or loss of property, of whatsoever nature and howsoever
caused, and whether or not caused by any form of negligence of INTERCAPE, its
directors, its officers, servants, agents or any other person acting on
behalf of INTERCAPE, arising out of or connected in any way with the
conveyance or non-conveyance by INTERCAPE of any passenger or persons and/or
the property of any passengers or persons. Health: Visitors to Zimbabwe, Zambia,
Malawi, Mozambique and Botswana must ensure they comply with the various
Health regulations and are reminded that these countries have malaria,
mosquitoes and a prophylaxis should be taken before leaving South Africa or
Namibia. Smoking and the use of alcohol or drugs on a bus are
prohibited and forbidden by law. Passenger luggage: Unless contracted to the
contrary, and at the sole discretion of INTERCAPE, each fare-paying passenger
is permitted to take, free of charge and AT OWN RISK, two pieces of luggage
not exceeding 80cmx6Ocmx30cm in size, of a total mass not exceeding
20kg. - INTERCAPE reserves the right to refuse or charge an additional rate per kilogram for luggage exceeding 20kg in total INTERCAPE reserves the right to
refuse the carriage of luggage that does not comply with these conditions. Passengers should obtain an
INTERCAPE luggage sticker when boarding Unaccompanied luggage will not
be carried. INTERCAPE is not responsible
for loss or damage to passengers' luggage, hand luggage or personal effects. INTERCAPE does not provide general insurance cover for its
passengers, their property or luggage. All passengers should ensure that they
are adequately insured. INTERCAPE will not participate in any way whatsoever in the
conveyance of drugs, weapons or illegal items and will co-operate in full
with the authorities in any country, to prevent the conveyance of these items
on its vehicles. No bicycles, electronic equipment, fishing rods, surfboards,
abnormal boxes, plastic carry bags and perishables will be carried. The carrying of firearms, ammunition or fireworks is not
permitted on the coach. Large items must be carried in the luggage compartment and
loaded only by the company's servant or agent. Pets: With the exception of trained guide dogs accompanying a blind
passenger, no pets will be allowed on the vehicle. Tickets: Tickets are valid for the use only by the persons to whom they
are issued and for the date and time shown thereon. It is the passenger's responsibility to ensure that the
correct information is shown on the ticket. Any alteration to a ticket will render it invalid. Any change
requires the re-issuing of a replacement ticket and an administrations fee may be
levied. Passengers are not allowed to break their journey unless
separate tickets are issued at the appropriate fares for each individual
journey. Only tickets purchased from INTERCAPE Agents will be valid and
binding for any INTERCAPE journey for the date and time it has been issued
for. Any tickets obtained, from any other place or person not being an
INTERCAPE agent, will be void, as the bearer of such a ticket shall have no
claim, whatsoever against INTERCAPE and / or any of their agents, for any
damages herein. Time Tables and Schedules: Whilst INTERCAPE will make all reasonable effort to keep to
the scheduled timetable, no liability whatsoever can be accepted by INTERCAPE
for any loss or damage incurred by any passenger, or inconvenience
experienced by any person due to a delay or cancellation of any service for
whatsoever reason. INTERCAPE reserves the right to cancel any of its services for
whatever reason without prior notice. Under no circumstances will any liability
be accepted for losses incurred by pre-booked passengers. INTERCAPE makes every effort to ensure connections between its
services where appropriate. However no liability can be accepted for loss or
damage caused by any failure to make these conditions or those perceived to
exist with other transport operators. INTERCAPE does not guarantee any arrival or departure times
and there for can not be held liable for any cost incurred due to these
times. General: INTERCAPE reserves the right to refuse the conveyance of, or
the continued conveyance of any passenger(s) INTERCAPE reserves the right to revise seat allocations
without prior notice and to operate substitute vehicles of a different
standard from those advertised. Fares are subject to change without prior notice from
INTERCAPE. All non-ticketed passengers will be held liable for the difference. No agent, employee or representative of the Company has the
power to amend or waive any of the conditions of this agreement. INTERCAPE reserves the right to refuse the consumption of
alcohol on it's coaches or not to undertake the conveyance of any passenger
who enter the coach whilst intoxicated. |
STANDARD TRADING CONDITIONS OF INTERCAPE LOGISTICS 1.
CONDITIONS OF CARRIAGE Intercape Logistics
("The Company") shall not be a public or common in relation to the
carriage of goods forming the subject of these conditions and any goods
carried are accepted subject to the conditions contained herein. All business
undertaken including advice, information or service provided by the company
shall be subject to the conditions set out and each shall be deemed to be
incorporated in and to be a condition of this agreement between the Company
and the sender of the goods. These conditions cannot be changed either by
oral, written undertaking or promise by any employee of the Company before or
after receipt of these conditions. Goods are accepted subject to the
conditions stipulated by all other carriers and parties into whose possession
or custody they may pass to finalise and deliver goods that come into their
possession. 2.
OPERATIONAL PROCEDURES The Company reserves
the right to transport the goods received from any consignor by any means at
its disposal and may use any carrier to perform its duties. All goods that
require forwarding to facilitate delivery may be held at the Company's
discretion and cost until suitable delivery arrangements can be arranged. The
Company is entitled to use independent parties to perform any of the
functions required for completion of its duties. The Company shall have no
responsibility or liability to the consignor for any act or omission of such
third party even though the Company may be responsible for the payment for
such third party charges. The Company however will take action on behalf of
the consignor should the independent carrier fail to carry out its duties
suitably. 3.
TARIFFS AND QUOTATIONS All quotations are
subject to withdrawal or revision by the Company. The Company shall be at
liberty to revise quotations or tariffs with or without notice in cases where
the Company's cost are affected by any of its suppliers. Charges are
calculated on the basis of either actual or volumetric mass, and for purposes
of rating, the greater of the two is deemed to be the chargeable mass. 4.
CONDITIONS OF PAYMENT The Company's terms
of payment are thirty (30) days from date of statement and may be tendered
either by cash or cheque made to the Company. The Company shall be entitled
to charge the consignor warehousing charges in respect of any period during
which the goods are stored after tender of delivery up to and including the
time of payment of all monies owing to the Company by the consignor. If any
amounts owing by the consignor is unpaid on due date, then - all other
amounts owing by the consignor to the Company whether due and payable or not,
shall become due and payable forthwith and - the Company shall be entitled
but not obliged (and without prejudice to any of its other rights against the
consignor) by notice in writing to the consignor to rescind or suspend
performance of any of its obligations under this agreement and all discounts
will be forfeited. All overdue amounts shall be subject to interest of three
(3) percent above prime lending rate charged by the financial institutions at
that time and such interest shall be payable by the consignor on demand. 5.
THE COMPANY'S RIGHTS IN TERMS OF GOODS IN ITS POSSESSION The Company reserves
the right to open and examine any goods tendered to fulfill security
obligations at any time. Should the consignor fail to settle his obligations
to the Company, the Company shall have the right, without notice to the
consignor, to sell either by public auction or private treaty, and at its
entire discretion the whole of any part of the goods and to apply the
proceeds of any such sale, after deducting all expenses accruing in payment
of or towards any sum due by the consignor to the Company and to pay the
consignor any surplus, without interest, within sixty (60) days after such
sale whereupon the Company shall be released of all liability whatsoever in
respect of the goods carried. The clause outlined above shall not prejudice
any common law rights in respect of non-payment by the consignor of the
Company's remuneration. 6.
DELIVERY PARAMETERS The Company shall not
be liable for any loss, damage or deterioration unless such delay or
deterioration can without doubt be attributed to willful default or gross
negligence on the part of the Company. 7.
DELIVERY OF GOODS The onus of
establishing the conditions of the goods at the time of delivery thereof by
the Company shall rest with the consignor. 8.
COMPANY LIABILTY The Company shall not
be liable for any loss or damage unless a claim is made in writing within
seven (7) days after delivery of the goods by the Company to the Consignee. * The Company's
liability shall not exceed fifty (R50.00) Rand per consignment. * The Company shall
not be held liable for indirect or consequential loss or damage to any
consignment. 9.
LOSS OR DAMAGE TO GOODS No responsibility or
liability whatsoever shall attach to the Company or its employees for any
loss or damage to goods unless such loss or damage
* occurs whilst the goods are in actual care of the Company
* is due to the willful act or default of the Company or its employees.
The Company shall under no circumstances be liable for
* loss or damage incurred through goods being tendered with inadequate
packing
* any loss or damage whatsoever caused by perishable, fragile or brittle
nature of the goods. Notwithstanding
anything to the contrary contained or implied in this clause seven (7), the
Company shall not accept liability for the handling of any Bullion, Coins,
Precious stones, Jewellery, Valuables, Antiques, Pictures, Bank notes,
Securities and other valuable documents or articles unless special
arrangements are made in writing prior to the goods being tendered. Limits of
liability refer to Clause eight (8). 10.
DANGEROUS GOODS No goods including
radioactive materials which are or may become dangerous, inflammable or
noxious, or which by their nature are or may become liable to cause injury or
damage to any person, goods or property whatsoever without consent in writing
prior to the goods being tendered. Should the necessary consent not be
confirmed in writing prior to the goods being tendered. Whether or not the
consignor was aware of the nature of the goods and whether or not the
Company's written acceptance thereof was obtained the consignor shall be
deemed to have indemnified the Company against all loss, damage or liability
caused by the Company as a result of the tender of such goods to the Company. 11.
CARGO PROTECTION The Company shall
insure the goods for an amount not exceeding Seven Hundred and Fifty Rand
(R750.00) less an excess of Two Hundred and Fifty Rand (R250.00) where cargo
protection is requested but no value declared for a premium would be levied
at rates agreed with the insurers on the Company's Open Marine Policy. These
rates will be made available on request. The Open Marine Policy Terms and
Conditions will also be available on request. Should any dispute arise over
the cargo protection arranged on behalf of the consignor by the Company, the
consignor shall have recourse against the insurer only and the Company shall
not incur any liability in relation to the dispute. All charges, including
the premium, owing to the Company in respect of the service rendered will be
payable to the Company as per the conditions of payment as laid in these
conditions of carriage. The consignor shall lodge all claims in terms of
cargo protection to the Company in writing within seven (7) days of the goods
having been delivered to: INTERCAPE FERREIRA MAINLINER (PTY) LTD. PO BOX 1650 BELLVILLE 7535 12.
WARSAW CONVENTION When shipments are
tendered for international destinations the governs of the Warsaw Convention
may apply and in most cases further limits the liability of the Company in
respect of loss or damage to such consignments. 13.
LEGAL In cases where non-payment
of monies due to the Company may occur the consignor shall be liable for and
shall pay all legal costs incurred. 14.
GENERAL No relaxation or
indulgence of these conditions of carriage shall in any way prejudice the
Company's rights nor shall they be deemed to be a waiver of any of the
Company's rights in terms of these conditions of and no variation of such
conditions shall be binding upon the Company. 15.
DOMICILIUM The consignor
appoints his address overleaf as his domicilium citandi et execuntandi for
all purposes relating to this agreement. 16.
JURISDICTION OF MAGISTRATES COURT The Company shall be
entitled to institute any proceeding against the consignor in any Magistrates
court having jurisdiction over it, even though the cause of action or amount
claimed is beyond the jurisdiction of the court. |