TERMS & CONDITIONS
Ferry Express is an established frontrunner in the transport field, offering corporate shuttle services and commercial vehicle deliveries to all clientele.
The conditions as contained in this agreement shall be binding on the parties hereto and no agent or representative otherwise authorized in the employment of any party shall have any authority to amend or alter any of the conditions as contained in this agreement unless specifically authorized in writing thereto.
The persons signing or accepting this agreement for the parties hereto, warrant their capacity that they are authorized to do so.
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- changes these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
We request all cancellation in writing. For any transfer not cancelled or changed in writing, a full cancellation fee will be charged. See sliding scale below.
24-hour plus: 10% of payment
24-hour cancellation: 50% of payment
3-hour cancellation: 100% of payment
No show: 100% of payment
24-hour cancellation payment credit of 50% can be used for future reservations not exceeding one calendar month.
Disclosure of outlet country at time of payment
Payment Options and Fees
All transactions will be processed in South African Rand (ZAR).
Telegraphic Transfer: SWIFT CODE
If payments are made in negotiable foreign currency, the payer will be responsible for any short payment resulting from exchange rate fluctuations. The exchange rate applied by the official bankers of Ferry Express on receipt of moneys will be accepted as the applicable rate. If the required deposit or final payment is not received by due date, Ferry Express reserves the right to withdraw services.
We accept MasterCard and Visa credit cards.
If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your booking.
EFT (Electronic Fund Transfer)
You will have to load Ferry Express as a beneficiary on your internet banking and use the unique quote number in the reference line for your payment. This should ensure speedy processing of your booking.
Using this EFT transfer option you automatically accept the terms and conditions of Ferry Express.
Bank: Standard Bank
Branch No.: 015945
Account Name: Ferry Express
Account No.: 410942308
Account Type: Cheque
Telegraphic Transfer: SBZAZAJJ
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
Domicilia and Notices
The parties nominate and appoint their domicilia citandi et executandi for all purposes under this agreement, provided that such domicilia of either party may be changed by written notice from party to the other party with effect from the date of receipt or deemed receipt by the latter of such notice.
Any notice, acceptance, demand or other communication properly addressed by either party to the other party at the latter’s domicilium in terms hereof for the time being and sent by prepaid written registered post shall be deemed to be received by the latter within the 7th (SEVENTH) day following the date of posting thereof.
This provision shall not be construed as’ precluding the utilization of other means and methods (including telefacsimile) for the transmission or delivery of notices, acceptances, demands and other communications, but no presumption of delivery shall arise if such other means or method is used.
Either parties shall be entitled upon notice to the other party to change it’s domicilium chosen in terms of this clause, provided that such change shall only become effective 10 (TEN) days after service of the notice inquisitions, by written registered post and provided for that such written address are within the Republic of South Africa and is not a post office box or poste restante.
The parties hereto agree that any party hereto shall be entitled but not obliged to institute any proceedings against the other party in a Magistrate’s Court having jurisdiction notwithstanding the fact that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court.
Law to Apply
This agreement is in all respects governed and construed in accordance with the laws of the Republic of South Africa.
The Courts of the Republic of South Africa shall have sole jurisdiction in respect of any claims and/or disputes which may arise between Ferry Express the passenger, company or agent.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to Ferry Express and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof.
Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Ferry Express for any civil action or any legal action deemed necessary against me.
Physical address: Plot 17, Karee Street, Pumulani 0035, Pretoria
Postal address: PO BOX 1961, Montana Park 0159
Email address: [email protected]
Phone numbers: 012-8191392
Fax numbers: 0865756241
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002
Exclusion of Liability
All persons entering a Ferry Express vehicle and/or property owned by Ferry Express or under its control do so entirely AT THEIR OWN RISK.
Ferry Express is not liable 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 Ferry Express, its members and employees, agents or any other person acting on behalf of or under the control of Ferry Express, arising out of or connected in any way with the transportation or non-transportation by Ferry Express of any passenger or persons and/or their property.
Whilst Ferry Express will make all reasonable effort to keep to our passengers’ time schedule. Ferry Express does not guarantee any arrival time and it does not accept any liability for any loss or damage incurred by any passenger or inconvenience experienced by any person, due to a delay or cancellation of any services for whatsoever reason.
Ferry Express makes every effort to ensure connections with other transport operators, where appropriate. However, Ferry Express will not be liable for loss or damage caused by any failure to make such connections with other transport operators.
Children ages 12 to 18 years will be allowed to travel alone, provided that a prescribed Ferry Express indemnity form was completed by the legal guardian or parent in respect of each unaccompanied child.
For children under the age of 3 years a car seat is mandatory in South Africa. Passengers are require to supply their own car seats.
Minor children (defined in terms of the Children’s Act 38 of 2005 as persons under the age of 18), whether accompanied or not, are required to fully comply with the provisions of the South African Immigration Act (Act No 13 of 2002) and the regulations promulgated thereunder, which have come into effect on 1 June 2015. For further information contact the SA Department of Home Affairs at 0800 601 190 or at its website at www.dha.gov.za
Ferry Express is fully committed to the prevention of human trafficking on any of its vehicles and will fully collaborate and co-operate with any law-enforcement agency to prevent human trafficking on its vehicles.
Further details on human trafficking can be found at www.iom.int
Ferry Express will not participate in any way whatsoever in the transport of weapons or any illicit goods, money or persons and will co-operate in full with the authorities to combat crime.
Ferry Express will not transport weapons, firearms and ammunition (unless arranged and agreed to in writing by Ferry Express) or any explosives, fireworks, any illegal items including drugs, substances used to manufacture narcotics and hazardous materials.
In the event that Ferry Express is held to be liable for any loss, damage, death or injury by any court with competent jurisdiction, all and any direct, indirect and consequential damage shall in total be limited to an amount not exceeding R2500 (Two Thousand Five Hundred Rand) for travelling within the Republic of South Africa.
Should you require wheelchair accessibility, please convey this to your agent at time of booking.
Unaccompanied luggage will not be carried for safety reasons.
Passengers are advised to fully inspect vehicles for personal belongings before departing. Ferry Express reserves the right to apply a delivery charge should luggage and personal belongings be left behind.
Ferry Express shall have authority to employ any other sub-contractor or agents on the behalf and at passenger, company or agent expense and to ensure the transportation of the passenger to the delivery point and this service shall be provided on the terms and conditions as those set out by Ferry Express. Any additional or special conditions which may be imposed by any other associated company shall be cleared in writing with the passenger, company or agent before acceptance.
Where Ferry Express employs independent third parties to perform all or any functions required of Ferry Express, we shall have no responsibilities or liability to the passenger, company or agent for any acts or omissions of such third parties.
Ferry Express shall be entitled to charge interest on all overdue amounts at the maximum rate permissible from time to time for money lending transactions in terms of the Usury Act or equivalent legislation, as amended. Such interest shall be calculated and payable monthly in advance on the first day of each and every successive month on the balance outstanding from time to time and shall be added to in the amount due to Ferry Express by the passenger, company or agent in respect of transfer fee of the passenger.
Should the passenger, company or agent fail and/or refuse to make such payment, Ferry Express shall be entitled to proceed in any competent Court with an action for recovery of the amount then owing in which instance the passenger, company or agent hereby accepts responsibility for the payment of any legal costs incurred on the scale of attorney and own Principal together with interest thereon calculated at the rate of 15.5% (FIFTEEN. FIVE PERCENT) per annum as from date of completion of services and in addition Ferry Express shall be entitled to an order in terms whereof collection commission and tracing fees shall be recoverable.
Passenger, company or agent may not raise any claim, dispute or counter claim as a reason for deferring payment and the passenger, company or agent may not withhold any payment or set-off any claim or counter-claim which it may wish to raise against the amount invoiced by Ferry Express.
Further the passenger, company or agent agrees to be liable for all costs and disbursements, including legal costs on an Attorney and his own client scale, incurred by Ferry Express in recovering any or all amounts due by the passenger, company or agent or in tracing the passenger, company or agent.
Ferry Express accepts no responsibility for loss or damage to luggage or personal property from whatsoever cause arising. Passengers are advised to take up adequate insurance cover.
Insurance effected by Ferry Express shall be subject to the usual exceptions and conditions of the policies of the insurer or underwriter taking the risk. Ferry Express shall not be under any obligation to effect separate insurance on each passenger but any may declare it on any open or general policy. Should the insurer dispute liability for any reason, the insured shall have recourse against the insurer only and Ferry Express shall not be under any liability in relation thereto.
Ferry Express is committed to passenger safety. Each vehicle is insured with limited passenger liability insurance, 24 hour emergency assistance and emergency evacuation facilitated by Netcare 911.
We only employ drivers that have been issued a Professional Driving Permit (PDP), which is obtained after they pass a medical examination and once a police clearance certificate has been issued.
Our vehicles are maintained to high specification and are inspected daily by management to ensure your safety.
We advise passengers to take out adequate travel insurance to cover personal accident, medical expenses and loss of baggage. Ferry Express are not liable for any medical expenses for whatever reasons related to the passenger being submitted to hospital or any other expenses after being discharge from hospital.
Ferry Express reserves the right to refuse to transport passenger(s) or their luggage or goods provided that such refusal shall not result in any unfair discrimination.
Smoking and the use of alcohol or drugs on any Ferry Express vehicle are prohibited and forbidden by law and shall not be allowed. Ferry Express reserves the right not to transport any passenger who enters any Ferry Express vehicle whilst intoxicated.
As a precaution when making your booking Ferry Express should be informed of passengers with special needs, expectant mothers, medical conditions and disabilities.
Travel routes are decided at the sole discretion of your Ferry Express driver.
In case of emergency, contact Ferry Express emergency line on 082 466 1532.
Bookings, Confirmations & Costs
All bookings are subject to availability at the time of reservation.
Your booking is confirmed when you receive email or telephonic confirmation from a Ferry Express agent.
Full payment is due before commencement of the service—unless otherwise arranged with a Ferry Express agent in writing.
Quoted fees are valid for 5 working days until paid in full.
All fees exclude any parking related costs that might occur should a client request a driver to wait, be delayed, missed a flight and make alternative stops.
We use a sedan car for transfers with one to three passengers, should a larger vehicle be required for one to three passengers the fee for the larger vehicle will be applicable.
Ferry Express’ rates are subject to change without notice and at the discretion of the company.
Bookings made within 45 days of commencement of services must be accompanied by full payment. Where circumstances do not permit the timeous receipt of funds, explicit confirmation of transfer of funds will enable us to reserve services.
No-Shows & Punctuality
It is the responsibility of the client to ensure that sufficient time is allowed to arrive at their destination.
Any delays on the part of the passengers that exceeds 15 minutes will be charged our normal waiting time fees and/or the driver will proceed to his next scheduled pick up. The same driver may return or Ferry Express will dispatch a standby driver that may take up to 3 hours. The passenger(s)will be liable for the full fair regarding the rearranged transfer.
In the case of a no-show, the full booking fee will be charged.
The driver must depart the collection point 15 minutes after the scheduled collection time, this includes the time taken to clear customs and/or collect luggage, and when flights are delayed. Please be considerate of the fact that Ferry Express’ drivers are working on a fixed schedule, and delays will affect other paying clients, unless otherwise specified.
Our schedule does not allow the driver to wait longer than 15 minutes, you will be charged R100 per hour for waiting time calculated from the original pick up time.
We request that you contact us telephonically, via email or SMS in case of change in flight plans (diverted, cancelled or indefinitely delayed flights). Please keep our contact numbers at hand – 082 466 1532
If a flight is delayed, we will endeavour to monitor the situation and accommodate the change. We are dependent on information provided to us by the Airport Company of South Africa (ACSA). However we will not be held liable for delays caused should ACSA provide us with erroneous information.
Unforeseen circumstances may delay our service. We request that clients wait 45 minutes after the scheduled collection time before making alternative arrangements.
Please ensure that Ferry Express has a mobile number on record of the passenger(s) so that we can liaise with them should we be unexpectedly delayed.
There will be no refunds or compensation for entertainment or air-conditioning system failure on our services.
Any changes to your itinerary, route, or any new/extra bookings must be made with a Ferry Express agent and not directly with the driver.
Health and Safety
It is a mandatory legal requirement for all passengers to wear safety belts.
Your Ferry Express driver has the right to refuse any client who in his/her opinion is a danger to the driver, vehicle or the other passengers.
In the interest of Health and Safety, Ferry Express reserves the right to refuse admission to any of our services where it may hinder the health and safety of fellow passengers.
Smoking and the consumption of alcoholic beverage or excessive intoxication by use of alcohol or drugs is not permitted on our services under any circumstances and passengers will be refused boarding at the sole discretion of the driver.
In the event of the passenger being refused boarding the passenger will forfeit any right to a refund or compensation. Please note: open alcoholic beverages are forbidden by law in any vehicle.
You will be held fully responsible for valet and/or repair fees should you/your clients sully or damage our vehicles.
Domesticated pets e.g. Cats, dogs, birds are allowed on Ferry Express vehicles, however there are restrictions on certain species and sizes. Arrangements to be made with your booking agent.
This agreement constitutes the sole agreement between the parties. Ferry Express shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
No addition or variation of or agreed cancellation of this agreement shall be of any force or effect unless recorded in writing and signed by both parties.
No relaxation or indulgence granted by Ferry Express to the passenger, company or agent in regard to any of the terms and conditions hereof is deemed to be a waiver of Ferry Express’s rights, nor is any such relaxation or indulgence deemed to be a novation of any of the terms and conditions of this agreement.
Neither party shall be regarded as having waived, or be precluded in any way from exercising any right under or arising from this agreement by reason of such Party having at any time granted any extension of time for or having shown any indulgence to the other party with reference to any payment or performance hereunder, or having failed to enforce, or delayed in the enforcement of, any right of action against the other party.
The failure of either party to comply with any non–material provision of this agreement shall not excuse the other party from performing the letter’s obligations hereunder fully and timeously.
The headings in these conditions are for convenience only and are not to be taken into account for the purpose of interpretation thereof.