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Terms and Conditions
This agreement is between the customer (referred to as "you") and Tiny Tourists CC (referred to as "we"/"us").
DEFINITIONS
In this agreement, except where the context indicates otherwise:-
§ "damages" means our expenditure in repairing any damage caused to the rental equipment during the rental period (excluding normal wear and tear) or replacing the rental equipment if it cannot be repaired or is not returned to us;
§ "further period" means any period after the return date, requested by you and agreed to by us;
§ "goods" means the rental equipment and/or purchase items;
§ "purchase items" means the purchase items referred to in your booking;
§ "rental period" means the period commencing on delivery of the goods to you in terms of this agreement and ending on the return date or the end of the further period, if applicable;
§ "rental equipment" means the rental equipment referred to in your booking;
§ "return date" means the date stated on your booking on which the rental equipment must be returned to us or made available for our collection;
§ "the customer" means, jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement;
§ "the website" means this website; tinytourists.com.
PROCESSING OF BOOKINGS
§ Bookings made by you are subject to our confirming that the goods are available and receipt of your online payment. Once we have confirmed the availability of the goods, in particular the rental equipment you wish to hire and we have received your online payment, we will send you an e-mail confirming that your booking is accepted. No booking will be secured and confirmed until we have sent such an e-mail to you. If the rental equipment is not available, your money, or such pro rata portion thereof as relates to the rental equipment which is not available, will be refunded to you within seven days of the date upon which you submitted your booking to us.
§ We reserve the right to refuse any booking.
§ Our prices are subject to change without notice, but stand at the time submission of your booking.
RENTAL AND PURCHASE
§ We let and you hire the rental equipment for the rental period at the rate stated in your booking application.
§ We sell and you purchase the purchase items.
PAYMENT
§ All payments are due on submission of your online booking. We accept major credit cards (Visa and MasterCard) for online payments, which are processed via SETCOM, a secure payment system. We may, at our sole discretion, accept payment other than online, by cheque drawn on a South African bank account, bank transfer to our bank account or cash against delivery of the goods to you.
§ All prices include VAT, if applicable.
§ You shall not set off or withhold payment of any amount due by you in terms of this agreement, for whatever cause.
§ All amounts not paid when due will bear interest at the prime rate of interest charged by our bankers at the time plus 3% (three percent).
REFUND
§ You shall not be entitled to a refund unless we receive timely notice of your cancellation as set out below, even if the reason for cancellation is due to flight cancellation or any other failed travel plans or illness on behalf of the customer.
§ If you notify us in writing of the cancellation of your booking within seven days after the date on which you submitted your booking to us online you shall be entitled to a full refund of any payment you made to us. Payment of the refund shall be made to you not later than thirty days of the date of your cancellation.
§ If you notify us in writing of the cancellation of your booking at least 7 (seven) days prior to the commencement of the rental period, we will refund to you 100% (one hundred percent) of any payment made by you relating to purchase items and either pay to you a refund of 75% (seventy five percent) of any payment made by you (including Value Added Tax) relating to rental equipment or, at our sole discretion, give you a credit for the hire of the same rental equipment for an equivalent rental period, which credit must be utilised within 1 (one) year of the date of receipt of cancellation by you.
§ You shall not be entitled to any refund if you cancel your booking within 7 (seven) days of the commencement of the rental period.
DELIVERY
§ We may refuse to deliver the goods to you if you have not made advance payment for the booking.
§ We shall deliver the goods to you free of charge at the place specified in your booking, provided such place is in Zone 1 and the order exceeds R600. If the order does not exceed R600 there will be a R50 delivery charge for deliveries in Zone 1. We shall charge R100 for any delivery in Zone 2, regardless of the size of the order.
§ Zone 1 areas include, but are not limited to the following areas: the Airport, the Atlantic Seaboard (Camps Bay, Clifton, Hout Bay, Llandudno, Sea Point), the City Bowl (Devil's Peak, Gardens, Tamboerskloof), the South Peninsula (Fish Hoek, Muizenberg) and the Southern Suburbs (Constantia, Newlands, Pinelands, Rondebosch, Wynberg)
§ Zone 2 areas include but are not limited to the following areas: the West Coast (Blouberg, Milnerton, Table View), the South Peninsula (Kommetjie, Simonstown), the Northern Suburbs (Durbanville), and False Bay (Somerset West, Strand).
§ All rental equipment shall be delivered clean and sanitised and shall be deemed to be in good working order, unless you notify us to the contrary within 12 hours after delivery.
§ Unless otherwise arranged with us, we shall be entitled to deliver the goods to representatives of the hotel / guest house if the place specified for your delivery is a hotel or guest house.
RETURN OF THE GOODS
§ At the end of the rental period you shall:-
§ have the rental equipment ready for our collection by noon at the place specified in your booking. If the rental equipment is only available for collection after noon on the last day of the rental period, you shall be liable for an extra day's rental;
§ pay to us all damages and other losses sustained by us, as provided for in this agreement.
§ If you require a baby seat to make the trip to Cape Town airport after noon on the last day of the rental period, we can arrange to collect the equipment from you at the airport. Please request this in our special request area on the booking form.
YOUR OBLIGATIONS
§ The rental equipment shall be at your sole risk for the rental period.
§ You shall not:-
§ hire or lend the rental equipment to anyone;
§ you shall take all reasonable precautions to protect the rental equipment from theft and damage.
EXEMPTION FROM LIABILITY
§ We shall not be liable for any damage or loss, whether direct or indirect, arising out of any defect in or mechanical failure of the goods or related to the safety of the goods or the use thereof by you or caused by any fault of ours, our agents or our servants, nor for any indirect loss, consequential damages, loss of profits or special damages arising out of any of the aforegoing and for any breach by us of this agreement. We give no warranties as to the safety, condition, state of repair or anything else concerning the goods.
PRODUCT DESCRIPTION
§ We try to be as accurate as possible in providing details and descriptions of the rental equipment for hire. The rental equipment hired by you will match the written description of the rental equipment on our website, however they may not necessarily match the photographs shown on our website.
GENERAL
§ All notices in terms hereof shall be given to you at your address specified in the booking. Any notice to you shall be deemed to be received 7 (seven) days after posting, unless you prove the contrary.
§ You consent to the Magistrate's Court jurisdiction in respect of any action instituted by us in connection with this agreement and agree that we may, using our discretion, institute in any High Court division in South Africa having jurisdiction, to which jurisdiction you consent.
§ This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by you and us.
§ We may claim and recover from you on demand all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney and own client costs, collection commission and any costs of tracing you.
§ A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity thereof.
§ This agreement shall be governed by the laws of the Republic of South Africa.
§ By submitting your booking, you accept all the charges charged by us in terms of this agreement, including any charges relating to loss and damage to the rental equipment.
PRIVACY POLICY
§ We treat all information collected on our site as confidential. We will treat your information in total confidence and we will not sell, share or rent this information to any third party. We may disclose this information if obliged to do so by law. We may send e-mail messages to you with news and special offers and you may, by return mail, indicate whether you would prefer not to receive any such mail in future. To the extent that this website contains links to other sites, we are not responsible for the privacy policies adopted by these websites or for their content. Please note that despite our efforts to protect any information received from you, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. We will not be responsible for any damages you may suffer as a result of the transmission of confidential information that you make to us through the Internet, or that you expressly or implicitly authorise us to make or for any errors or any changes made to any transmitted information.
CONTACT DETAILS
§ In the event that you wish to contact us for purposes related to these terms and conditions, please use the following:-
Telephone: + 27 82 264 0553 (Katherine Muskett) or 0790 969 1798 (Rorie)
E-mail: info@tinytourists.com
OUR DETAILS
Tiny Tourists CC
Registration no.CK2003/081623/23
www.tinytourists.com
info@tinytourists.com
16 Seaview Rd
Wynberg
Cape Town
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