Terms and conditions of Transfercar
All users of Transfercar
1. Comply with terms and conditions
1.1 By registering as a user of Transfercar you accept these terms and conditions for using the Service. If you do not accept these terms and conditions, do not use Transfercar’s Service.
1.2 These terms and conditions may be amended in whole or in part by Transfercar from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of Transfercar's services represents your agreement to be bound by the terms and conditions as amended.
2. The Service
2.1 Transfercar facilitates contact between Rental operators of relocation vehicles and drivers prepared to drive those vehicles.
2.2 Transfercar operates as a virtual service based on internet and phone communication.
2.3 Transfercar does not own or otherwise provide the physical vehicles to the driver; only information about who offers the vehicles is provided by Transfercar.
2.4 Transfercar does not hire out drivers or otherwise provide transportation for the relocation vehicles; only information about individuals willing to drive the vehicles is provided by Transfercar.
2.5 Transfercar does not act as an agent for either Rental operators of relocation vehicles or relocation drivers.
3. Risk
3.1 Transfercar makes no representations or warranties about the information provided on or through the web application to rental operators or relocation drivers. This includes:
~ the accuracy of details provided about each listed vehicle;
~ the availability of the actual vehicle listed by the Rental operator (i.e. the actual vehicle may be different from the one listed by the Rental operator);
~ the availability of the listed vehicle if the Rental operator cancels, withdraws or for any other reason does not provide the vehicle to the relocation driver;
~ the accuracy or truthfulness of the information the driver has provided to Transfercar;
~ the accuracy or truthfulness of the information the rental operator provided to Transfercar;.
~ the availability of the driver if the driver cancels, does not show up or does not complete the relocation.
3.2 Transfercar takes no responsibility for loss or damage to rental operator resulting from accident, intentional damage, or cost or fines incurred by the relocation driver. Any dispute about such issues must be resolved directly between the rental operator and the relocation driver.
3.3 Transfercar makes its best effort to ensure all information on the website is accurate and up-to-date. However, Transfercar cannot and does not guarantee that errors do not occur from time to time. Therefore, all information and services are provided on an “as is", “as available" basis. Other than as explicitly stated in these terms and conditions, Transfercar disclaims all warranties, express or implied, including any warranties of accuracy, completeness, currentness, merchantability or fitness for a particular purpose. Transfercar does not warrant that the services will be uninterrupted or error-free and disclaims any warranty or representation regarding availability of service, service levels or performance. Transfercar will not be liable for any loss or injury arising out of, in whole or in part, Transfercar’s conduct in procuring, compiling, collecting, matching, reporting or delivering services, reports or information.
4. Validate and update information
4.1 Transfercar reserves the right to validate and update all information provided to Transfercar by rental operators and relocation drivers.
Relocation drivers
1. Membership
1.1 Drivers may register to, and request vehicles at, Transfercar's website free of charge.
1.2 Transfercar reserves the right to terminate memberships or decline drivers to re-register if that driver has breached the terms and conditions.
2. Registering
2.1 As part of registering with Transfercar, you must provide true, accurate and current information to Transfercar including full name, date of birth and contact details. Transfercar may call or email to verify these details.
2.2 You may only register as a driver if you are 18 years or older. By registering as a driver, you warrant that you can form a legally binding contract.
3. Request a vehicle
3.1 When requesting a vehicle, you must provide a valid credit card and accept the terms and conditions of the Rental operator.
3.2 You permit Transfercar to pass on your contact details to the Rental operator of the particular vehicle you requested.
3.3 A request is no guarantee that you will be able to drive the vehicle. A relocation rental vehicle is “booked” only if your request is accepted by the rental operator (notified by email, phone or website).
3.4 You are solely responsible for determining the suitability of the relocation details for your needs. If there is any information not specified in the listing that will affect your decision to take the vehicle, you should contact [email protected] to determine those details before requesting the vehicle.
3.5 Should your request be accepted, you commit to relocate the vehicle according to the details provided by the Rental operator of the vehicle and your preferred pick-up and drop-off dates and times as specified when requesting the vehicle.
3.6 You cannot request a vehicle on behalf of another person.
4. Vehicle pick-up and agreement with the rental operator
4.1 The relocation driver must show up at the location specified by the rental operator at the agreed date and time.
4.2 The driver is expected to sign a contract directly with the rental operator prior to the handover of the rental vehicle keys.
4.3 The driver may incur and pay charges for fuel, insurance and other expenses if they are not covered by the Rental operator as specified in the vehicle listing details. Other expenses may include airport taxes, local, state and federal taxes and fees and fuel taxes that are collected by the Rental operator but paid to the government or airport. Compulsory costs must be displayed by the Rental operator when listing the vehicle. Other costs may include insurance upgrades, linen hire and equipment hire. The rental operators are not required to display optional costs when listing vehicles at Transfercar. If the rental operator must charge a daily fee due to insurance requirements, this charge is limited to a maximum of R50 per day. The driver will be required to pay for this additional charge.
5. Cancellations
5.1 Once your relocation request is accepted, a cancellation fee applies at all times and will be charged to your credit card when you cancel, or do not show up for your booking. For cancellations made more than 48hrs ahead of pickup, a cancellation fee of R250 will be applied. Late cancellations (within 48 hours of pick-up time) will be charged R500, and no-shows will be charged R1000. Cancellations must be made in your account by logging into "My Transfercar" AND you must also notify the rental operator.
5.2 The vehicle owner may also operate with separate cancellation/no-show fees.
5.3 Failure to pick-up the vehicle without notifying the rental operator is considered a serious breach of Transfercar's terms and conditions and will result in the driver being charged a no-show fee of R1000.00 to the driver's credit card.
5.4 Requesting vehicles from Transfercar's website without having any intention of completing the relocation is considered a breach of Transfercar's terms and conditions and will result in the driver being charged a no-show fee of R1000.00 to the driver's credit card.
5.5 Any dispute of Transfercar’s cancellation fee must be made in writing, by phone or email within 7 days from the date the cancellation fee was charged.
6. No-shows and misuse of the Transfercar Service
6.1 Failure to pick-up the vehicle without notifying the vehicle Rental operator is considered a serious breach of the Transfercar's terms and conditions. Driver authorizes Transfercar to charge driver's credit card with a R1000 no-show fee in this instance.
6.2 Requesting vehicles from Transfercar's website without having any intention of completing the relocation is considered a serious breach of Transfercar's terms and conditions. Driver authorizes Transfercar to charge driver's credit card with a R1000 no-show fee in this instance.
6.3 When requesting a vehicle from Transfercar's website, the driver accepts that Transfercar can charge the driver's credit card for the fees under paragraphs 6.1 and 6.2 above.
6.4 Driver authorizes Transfercar to charge driver's credit card with the R1000 no-show fee when Transfercar has been notified by the vehicle Rental operator about the no-show. Transfercar will notify driver by email that a no-show fee has been charged.
6.5 Any dispute of Transfercar’s no-show fee must be made in writing, by phone of email within 7 days from the date the no-show fee was charged.
6.6 We reserve the right to block any driver from using our service again in the case of serious misconduct reported by the rental car operator, and in the case of repeated cancellations or no-shows.
7. Disclaimer of Warranty; Limitation of Liability
7.1 Transfercar makes no representation or warranty about the suitability or reliability of a vehicle or services provided by a rental operator. Transfercar does not perform any background checks or other investigation of rental operators. Driver should exercise independent discretion in determining the suitability of a vehicle.
7.2 Transfercar’s liability for Services provided under these Terms and Conditions is limited to the sum of R1000. Transfercar shall not be liable for special, incidental or consequential damages (including loss of profits), even if advised of the possibility of such damages.