Cape Town Luxury Car Rentals (Pty) Ltd- Terms and Conditions of Website Use

1. About the Website

1.1 Welcome to www.capetownluxurycarrentals.co.za (the ‘Website‘). The Website provides a luxury car rental service (the ‘Services‘) to our customers.

1.2 The Website is operated by Cape Town Luxury Car Rentals (Pty) Ltd (2019/446635/07) (“CTLCR”, “we”, “our”), a private company in Cape Town, South Africa. Access to and use of the Website, or any of its associated Products or Services, is provided by CTLCR. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services.

1.3 CTLCR reserves the right to review and change any of the Terms by updating this page. Any changes to the Terms take immediate effect from the date of their publication.

2. Accessing the Website

2.1 By accessing this Website, you agree to be bound by these Terms and Conditions of Use.

2.2 If you do not agree with any of these terms and conditions, you are prohibited from using or accessing the Website. The materials contained in this website are protected by applicable intellectual property law.

3. Registration to use the Services

3.1 In order to access the Services, you may first have to register for an account through the Website (the ‘Account‘).

3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address,

(b) Preferred username,

(c) Mailing address,

(d) Telephone number,

(e) Password,

(f) Driver’s license and passport details.

3.3 You warrant that any information you give to CTLCR in the course of completing the registration process will always be accurate, correct and up to date.

3.4 Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.

3.5 You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with CTLCR ; or

(b) you are a person barred from receiving the Services

4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following:

(a) You will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(b) You have the sole responsibility for protecting the confidentiality of your password and/or email address.

(c) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of CTLCR                                 providing the Services.

(d) You will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by                              electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.

5. Services and payments

5.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR). If you pay in a foreign currency CTLCR is not liable for exchange rate fluctuations.

5.2 The provision of services by CTLCR is subject to availability. In cases of unavailability of the booked vehicle, CTLCR will supply a similar vehicle or better vehicle. In the case of us not being able to supply a similar vehicle or better we will supply a cheaper vehicle and refund the customer the difference within 48 hours.

5.3 Where a payment option is given to you, you may make payment for the Services (the ‘Services Fee‘) by way of:

(a) Visa, MasterCard, Diners or American Express Cards or by bank transfer into the companies bank account, the details of which will be provided                    on request.
(b) Card transactions will be acquired for CTLCR via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring                              Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.                              Users may go to www.paygate.co.za to view their security certificate and security policy.

5.4 Subject to availability and receipt of payment, requests will be processed within 1 day (24 hours) and bookings confirmed by way of email and Whats App.

5.5 You agree and acknowledge that CTLCR can vary the Services Fee at any time, with advance notice to you via our Website or otherwise.

6. Delivery policy

6.1 Subject to availability and receipt of payment, requests will be processed within 1 day (24 hours) and bookings confirmed by way of email and Whats App.

6.2 Your chosen vehicle will be delivered to the address and at the time requested by you when you made your booking and is subject to the terms of rental which you may view on the website.

7. Refund Policy

CTLCR will only provide you with a refund of the Services Fee in the event that they are unable to continue to provide the Services or if the manager of CTLCR makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘). In the event of cancellation by the customer, the following percentage is refunded to the customer depending upon the time of cancellation in regard to the start of the rental term: +96 hours: 100% refund -96 hours: 50% refund -48 hours: 0% refund.

8. Copyright and Intellectual Property

8.1 The Website, the Services and all of the related products of CTLCR are subject to copyright.

8.2 All trademarks, service marks and trade names are owned, registered and/or licensed CTLCR, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

8.3 CTLCR does not grant you any other rights whatsoever in relation to the Website or the Services

9. Privacy

9.1 CTLCR takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to CTLCR Privacy Policy, which is available on the Website.

9.2 Cape Town Luxury Car Rentals shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

9.3 Customer details will be stored by Cape Town Luxury Car Rentals separately from card details which are entered by the client on PayGate’s secure site. For more details on PayGate refer to www.paygate.co.za.

10. General Disclaimer

10.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law

10.2 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) CTLCR will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable                          resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in                          connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether              at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.3 Where CTLCR is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude, CTLCR liability is limited (to the extent permitted by law) at its option to the following:

(a) in the case of goods supplied or offered by it:

(i) to the supply of those goods again; or

(ii) to the payment of the cost of having those goods supplied again; or

(b) in the case of services supplied or offered by it:

(i) to the supply of the services again; or

(ii) to the payment of the cost of having services supplied again.
10.4 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of CTLCR make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of CTLCR) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer                            virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or                              unauthorized access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party                    material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of CTLCR; and

(d) the Services or operation in respect to links which are provided for your convenience.

11. Limitation of liability

11.1 CTLCR total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

11.2 You expressly understand and agree that CTLCR, its affiliates, employees, agents, contributors and licencors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Contract

12.1 The Terms will continue to apply until terminated by either you or CTLCR as set out below.

12.2 If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to CTLCR via the ‘Contact Us’ link on our homepage.

12.3 CTLCR may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) CTLCR is required to do so by law;

(c) the provision of the Services to you CTLCR is, in the opinion of CTLCR, no longer commercially viable.

12.4 Subject to local applicable laws, CTLCR reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CTLCR name or reputation or violates the rights of those of another party.

13. Indemnity

13.1 You agree to indemnify CTLCR, its affiliates, employees, agents, contributors, third party content providers and licencors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred,                                 suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

14. Cookies and other user tracking

14.1 When a user visits our website, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how users use our site, such that we can improve our service.

14.2 We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify users when a user comes back to the site and to store details about that user’s use of the site. Cookies may also change your setting. Cookies are not malicious programs that access or damage a user’s computer. Most web browsers automatically accept cookies but a user can choose to reject cookies by changing the browser settings. However, this may prevent a user from taking full advantage of our website.

14.3 Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant advertising to website visitors through third parties.

15. Country of domicile

15.1 This website is governed by the laws of South Africa and Cape Town Luxury Car Rentals chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of
whatsoever nature to be delivered to PO Box 7206, Noorder-Paarl, Paarl, Western Cape, South Africa, 7646.
16. Cape Town Luxury Car Rentals contact details

18.1 The Companies contact details are: PO Box 7206, Noorder-Paarl, Paarl, Western Cape, 7623, South Africa Email: info@capetownluxurycarrentals.co.za Telephone: +27 (0)62 179 8052

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