The
Africa 4x4 Cafe™ (UK) Terms & Conditions
Use
of this website and its services are subject to the following Terms
& Conditions.
Terms
and conditions are also applicable to the 'VEHICLE Hire Contract'
and 'VEHICLE Purchase Contract'.
These
terms and conditions are designed to be as simple as possible, while
at the same time clear and comprehensive enough to avoid misunderstandings
and disputes. Some sections may not be pertinent to your contract.
The following terms will be used throughout this document.
1. THE CONTRACT: refers to the 'VEHICLE Hire Contract'
or the 'VEHICLE Purchase Contract'.
2. THE VEHICLE: refers to the VEHICLE and all travel
extras listed on the 'VEHICLE Hire Contract' or the 'VEHICLE Purchase
Contract'.
3. A4x4C: The Africa 4x4 Cafe.
4. THE CLIENT: The individual(s) who enter into either
a 'VEHICLE Hire Contract' or the 'VEHICLE Purchase Contract' with
the Africa 4x4 Cafe.
VEHICLE
Sales - Bundubasher: African 4x4 Cafe™ (UK)
• All
sales are subject to a commission, based on the final
sale price, to be paid by the seller to Mr. Elphick-Pooley.
• Before I market your vehicle I require a writen, explicit,
agreement to pay me a commission based on the final sale price of
your vehicle.
•
0
- 10,000 USD: 10%
• 10,001 - 20,000 USD: 7.5%
• 20,001 USD and above: 5%
• Please remember I also ask for an explicit statement as to
the road-worthiness of your vehicle.This is an incredibly
important statement as it gives me the confidence to actively market
your vehicle.
• All sales are subject to a high degree of trust between
the buyer and seller.
• Descriptions of VEHICLEs or kit are posted verbatim
from the people selling them.
• I, Enzo Elphick-Pooley, trading as Bundubasher African Safaris
or The Africa 4x4 Cafe, take no responsibility if the seller
deliberately sets out to mislead or deceive.
VEHICLE
Rentals - Duration & Kilometres -
Bundubasher:
African 4x4 Cafe™ (UK)
• Minimum rental period is 3 days (unless specifically agreed
otherwise)
• Safari is restricted to Zimbabwe unless by special agreement.
Unlimited Kilometres
• Special conditions apply for rentals of more than 30 days
and those that leave Zimbabwe
• The VEHICLE will be supplied with a full fuel tank you will
be required to return the VEHICLE with a full fuel tank
• On extended safaris you will be required to service the VEHICLE
according to A4x4C specifications. Failure to do so will incur service
charges (see above).
DRIVERS'
License, Minimum Age & Driver Competence - Bundubasher:
African 4x4 Cafe™ (UK)
• The CLIENT must hold a valid unendorsed driver's licence plus
an international driving permit
• Valid personal medical insurance is advised (including casevac)
• The minimum age of a CLIENT is 25 and the maximum age is 69
(exceptions made upon special requests)
• No other persons other than the CLIENT may drive the VEHICLE
• The CLIENT will need to demonstrate their competence at driving
such a VEHICLE, both on and off-road (4x4 training is available upon
request)
INSURANCE
- Bundubasher:
African 4x4 Cafe™ (UK)
• All hire VEHICLEs have local 3rd party insurance.
• International, COMESA, insurance is available on request.
• The CLIENT is liable for the applicable excess for the VEHICLE
in case of any damage or loss of VEHICLE or parts thereof
• Collision and Theft excess amounts differ depending on VEHICLE
and insurance options chosen (the excess amount will be quoted prior
to the rental)
• The CLIENT will be liable for damage including, but not limited
to, windscreen, windows, lights, damage/loss of tyres and damage caused
by sand blasting
• If the VEHICLE is rolled or written-off, this will lead to
a 100% loss of deposit and all pre-paid hire fees.
• All additional equipment that is firmly attached in or on
the VEHICLE is included in terms of this policy
• All additional equipment that is stored in or on the VEHICLE
is included in terms of this policy
• All additional equipment and other loose items may not covered
by insurance and you may be held liable for loss or damage to the
extra equipment
ROAD
Use - Bundubasher:
African 4x4 Cafe™ (UK)
• Safari activities in Africa are inherently dangerous.
The VEHICLE owner, nor A4x4C,
do
in no way take any responsibility for the actions, or inactions, of
the CLIENT
• The VEHICLE may only travel on designated roads and tracks
• No off-roading permitted or entry into unauthorised areas
• The VEHICLE may not be used in any competitive events
• The VEHICLE may not enter any country, other than Zimbabwe,
without the previous permission by A4x4C.
CANCELLATION
Fees - Bundubasher: African 4x4 Cafe™ (UK
•
28 days or more before rental to commence - 0% of gross hire rate
• 21-28 days before rental to commence - 25% of gross hire rate
• 14 to 21 days before rental to commence - 50% of gross hire
rate
• 7 to 14 days before rental to commence - 75% of gross hire
rate
• 7 to 0 days before rental to commence - 100% of gross hire
rate
• VEHICLE is returned early - no refund
PAYMENT
- Bundubasher:
African 4x4 Cafe™ (UK)
• 50% due on confirmation of booking
• Balance due 28 days before rental to commence
• Payment must be made by direct bank transfer, PayPal or, in
exceptional circumstances, cash
• A variable deposit is payable (bank transfer or cash) on all
rentals and is refundable in the same currency received at the safe
return of the VEHICLE and all its equipment
• All payments are payable in advance
VEHICLE
Maintenance - Bundubasher:
African 4x4 Cafe™ (UK)
• It is THE CLIENTS responsibility
to monitor and check the condition of THE VEHICLE at all times.
• THE
CLIENT is required to check the oil and water level daily and at every
fuel stop, and continuously monitor gauges. A4x4C will not be responsible
for damage to THE VEHICLE due to overheating or oil leaking. If THE
CLIENT suspects a water or oil problem they are to contact A4x4C immediately
to report it. A4x4C will assist THE CLIENT in getting to the nearest
service station or contacting the towing service. A4x4C cannot stress
enough the risks of continued driving if THE VEHICLE begins to overheat,
or if it has a known cooling system problem of any kind. If the temperature
gauge moves in a direction that is a departure from the norm, stop
immediately, investigate, call for roadside assistance and call A4x4C.
Do not wait for it to cool and drive again as you may cause further
catastrophic damage to your engine, for which you WILL be held liable.
Driving with an inoperative temperature gauge may result in the CLIENT
being held liable if overheating occurs.
•
The CLIENT is responsible to check at least daily
and maintain all fluid levels and monitor gauges and must immediately
rectify and report to A4x4C any defect of which you become aware however
slight. Topping up a VEHICLE that is losing water somehow is not rectifying
the problem. Rectification means a fit and proper diagnosis and repair.
A4x4C cannot stress enough your responsibility in this regard. Continued
operation of the VEHICLE after a defect has occurred may lead to serious
consequential damage for which THE CLIENT will be held responsible.
• THE CLIENT is required to service the VEHICLE
at least every 5 000km or 3 months (whichever comes first).This is
to be done by a reputable workshop and all service reports and receipts
are to be submitted to A4x4C on return of THE VEHICLE. If THE VEHICLE
is returned less than 2 500 km's prior to a service, the service cost
will be charged to THE CLIENT.
• If THE CLIENT is found not to have
serviced the VEHICLE as per THE CONTRACT, a A4x4C mechanic will determine
the outstanding service cost to be deducted from the agreed hire price.
If the A4x4C mechanic determines that further damage was incurred
to THE VEHICLE due to non-servicing or neglect, the cost of those
damages may be deducted from the agreed hire price. All deductions
will be based on current A4x4C service rates.
• A4x4C will not be responsible for any damage
or wear on tyres. In the event that a tyre needs to be replaced, THE
CLIENT is to do so using the same or similar tyre. Retreads or second
hand tyres will not be acceptable. Receipts for replaced tyres are
to be provided on return of VEHICLE. In the event of a new tyre being
fitted by A4x4C, it will be at the expense of THE CLIENT. A roadworthy
clearance will be the accepted minimum tread.
• Should any repairs be done to the VEHICLE
and no authorization number obtained and approved by A4x4C for the
repairs, NO refunds or payments will be effected to THE CLIENT.
VEHICLE
Warranty - Bundubasher: African 4x4 Cafe™ (UK)
• Regardless of the warranties and service offered by A4x4C,
it remains the responsibility of THE CLIENT to exercise due diligence
in the hire and maintenance of THE VEHICLE.
• Newer Vehicles not older than three years, unless otherwise
stated, are hired with a 90 day mechanical warranty, commencing from
the date of vehicle hand-over.
• Vehicles
older than three years, unless otherwise stated, are hired with a
7 day mechanical warranty.
• A4x4C will
rectify, within reason, any mechanical problem of THE VEHICLE that
arises during the warranty period.
• It is strongly
advised that THE CLIENT stays within a 50km radius of the A4x4C branch
where THE VEHICLE was purchased until THE CLIENT is completely familiar
with the vehicle.
• In the
event of THE VEHICLE requiring repairs within the warranty period,
THE VEHICLE must be returned to the A4x4C branch where THE VEHICLE
was collected.
• A4x4C offers a free towing service within a 50km radius of
the A4x4C branch of purchase if THE VEHICLE requires repairs during
the warranty period.
• A4x4C will supply all parts and labour at no charge within
the warranty period, provided the vehicle is returned to the A4x4C
branch of hire. If THE CLIENT is unable to return THE VEHICLE to the
A4x4C branch of hire, a full report by a reputable mechanical workshop
must be submitted to A4x4C. Only, once a A4x4C representative has
given the go ahead on the repair, will it be covered by the warranty.
A4x4C reserves the right to request additional quotations for the
repair if required.
• Should any repairs be done to THE VEHICLE and no authorization
number obtained and approved by A4x4C for the repairs, NO refunds
or payments will be effected to THE CLIENT.
• This warranty excludes all repairs due to damage, misuse,
abuse or neglect by THE CLIENT.
• A4x4C is not responsible for compensation by way of accommodation
or any costs incurred or an alternative vehicle whilst repairs are
conducted on THE VEHICLE.
• A4x4C will not be responsible, or make any repairs for claims
submitted under this warranty after the warranty period has expired.
• A4x4C will make every effort to assist THE CLIENT in arranging
the repair of THE VEHICLE outside the boundaries of the warranty.
Release
of Liability, Waiver of Claims and Assumption of Risk -
Bundubasher:
African 4x4 Cafe™ (UK)
• I WAIVE ANY AND ALL CLAIMS that I have or may in the future
have against and RELEASE FROM ALL LIABILITY and agree not to litigate
against Bundubasher:
African 4x4 Cafe™ (UK)
(trading as “Africa 4x4 Cafe”) and his/her/its shareholders,
directors, officers, employees, agents, assistant guides, instructors,
independent contractors, subcontractors, and representatives for any
loss, property damage, expenses, or personal injury (including death)
that I may suffer, or that my next of kin may suffer due to any cause
whatsoever on the part of the guides, the vehicles or the personnel
of Bundubasher:
African 4x4 Cafe™ (UK)
Use
of this website, or any of the services advertised on this website,
requires agreement to the following: I AGREE TO HOLD HARMLESS AND
INDEMNIFY THE AFRICA 4x4 Cafe and all it's agents and employees, from
any and all liability for any loss, property damage and personal injury
(including death) resulting from my participation in a activity of
any kind.
Unless
you agree to be bound by these terms and conditions you cannot use
any of the services offered by this website or by the Africa 4x4 Cafe
via any other medium such as, but not limited to, email and telephone.