Terms & Conditions

EazyPark Terms & Conditions.

TERMS AND CONDITIONS FOR DRIVING, SHUTTLING AND PARKING OF CUSTOMERS VEHICLES

(the “Agreement”)

1. Definitions

In these conditions, the following words shall bear the meanings assigned to them below:

1.1. “Valet Parking Operator” means EazyPark and includes the Valet Parking Operator’s staff,
drivers, agents and any person or persons driving Customer’s vehicle, and employed by the Valet Parking Operator;
1.2. “Customer” means the person (natural or incorporated or otherwise) using the Valet Parking Operator’s Services and/or the debtor and or the party reflected on the booking document as the driver or owner of the vehicle that was collected and parked, whether acting on his/her own behalf or in his/her capacity as agent or in any other capacity or a third party.
1.3. “Services” means valet parking services forming the subject matter of this agreement, whether driving, shuttling or parking one or more vehicles on request.

2. Service Fee

2.1. In the absence of any written agreement to the contrary, the Service Fee payable to the Valet Parking Operator by the Customer will be in accordance with the standard tariffs of the Valet Parking Operator.
2.2. The Valet Parking Operator’s standard tariffs are subject to review by the Valet Parking Operator without prior notice to the Customer, but the Valet Parking Operator shall endeavor to provide such notice.
2.3. In the event of the Valet Parking Operator being obliged to pay any traffic fines with regards to the Customers’ vehicle expired license, the Valet Parking Operator shall be entitled to impose an additional charge to cover any expenses resulting therefrom not already included in the Valet Parking Operator’s standard tariffs.
2.4. In the event that the Valet Parking Operator is obliged to deliver the Customer’s vehicle to any other destination other than OR Tambo International Airport, the Valet Parking Operator will charge the Customer an additional tariff for the distance travelled including the charges for the Valet Parking Operator’s shuttle vehicle and the driver.

3. Payment Arrangement
3.1. In the absence of any special provisions to the contrary, payment shall be effected by the Customer by way of debit card, credit card, or cash if the Customer is not an account client. In the case of an account client, the Customer shall make payment at the end of the month via EFT.
3.2. The Valet Parking Operator shall in its absolute discretion be entitled to use all payments made by the Customer towards the payment of any debt or obligation of whatsoever nature owing by the Customer to the Valet Parking Operator, irrespective of when such debt or obligation arose.

3.3. The Customer may not raise any claim, dispute or any counter-claim as a reason for deferring payment and the Customer may not withhold any payment or set off any claim or counter- claim which it may wish to raise against the Valet Parking Operator’s invoiced amounts.

4. The Valet Parking Operator Lien
4.1. The Valet Parking Operator shall be entitled to establish a lien on the Customer’s vehicle as security for any other moneys which may be owing to it by the Customer from any cause whatsoever.
4.2. The Valet Parking Operator’s rights under this clause are not exhaustive but in addition to any other rights against the Customer.

5. Customers Warranties
The Customer is bound by and warrants in favour of the Valet Parking Operator:
5.1. The accuracy of all descriptions, valuables, damages to vehicles and other particulars furnished to the Valet Parking Operator for any purposes. The Customer indemnifies the Valet Parking Operator against all expenses, claims or fines arising from any inaccuracy or omission of descriptions, valuables or other particulars.
5.2. That the Customer hereby indemnifies and holds the Valet Parking Operator harmless against any claims and/or damages which it may suffer by virtue of the Customers’ breach of this warranty.

6. Condition of Vehicles
6.1. The onus is on the Customer to notify the Valet Parking Operator of any defects, damages, chips and damages to the vehicle, windshield, engine and any other part of the vehicle, including but not limited to tyres and rims and should be noted on the space provided on the booking document by the Customer.

7. Valuables in Vehicles
7.1. The onus is on the Customer to disclose all information with regards to valuables left in any vehicle by the Customer and such valuables must be pointed out to the Valet Parking Operator’s driver and must be noted on the space provided on the Valet Parking Operator booking document. It is preferable that any valuables be taken out of the vehicle by the Customer.
7.2. The Customer hereby indemnifies the Valet Parking Operator against any claims for loss and damages of any nature made by the Customer for any damage and lost valuables not recorded on the space provided by the Valet Parking Operator on the booking document.

8. The Valet Parking Operators’ Liability for Damages or Loss
8.1. All vehicles shall be driven, parked, shuttled and handled by the Valet Parking Operator at the sole risk of the Customer (or owner or any other interested party). The Customer hereby exempts the Valet Parking Operator from and indemnifies the Valet Parking Operator against any and all liability of whatsoever nature, arising directly or indirectly from the driving, parking, shuttling and handling of any vehicles. This exemption and indemnity includes negligence or gross negligence on the part of the Valet Parking Operator, its servants, agents, drivers, and employees or otherwise.
8.2. The Valet Parking Operator will furthermore not be held liable for any stone chips, windshield chips or cracked and/or any damaged mags, hub caps or tyres as these type of damages is out of the the Valet Parking Operator’s control.

9. Vehicle Insurance
9.1. The onus is on the Customer to ensure that his/her vehicles/company vehicles are fully insured and that the Customers’ insurance are notified that the Customer’s vehicle will be driven, shuttled, parked and handled by the Valet Parking Operator. The Valet Parking Operator’s maximum liability should any loss or damages occur to any vehicle, will be a maximum liability of R3000-00 (three thousand rand).

10. Sole Agreement and Variation
10.1. This Agreement constitutes the sole record of the agreement between the Parties. The Valet Parking Operator shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded here in and no addition to, variation of or agreed cancelation of this Agreement shall be of any force or effect unless recorded in writing and accepted and signed by the Valet Parking Operator.

11. Indulgence and Waiver
11.1. No relaxation or indulgence which the Valet Parking Operator may grant to the Customer shall constitute a waiver of the rights of the Valet Parking Operator and shall not preclude the Valet Parking Operator from exercising any of its rights which may have arisen in the past or which might arise in the future.

12. Applicable Law
12.1. The proper law of this Agreement is the law of the Republic of South Africa, and accordingly any dispute about this Agreement, including any dispute about its validity, existence, interpretation, rectification, breach or termination or any dispute about any matter arising out of this Agreement, its avoidance, interpretation, rectification, breach or termination shall be determined according to the laws of the Republic of South Africa.