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Terms of use

TRANSPORT AGREEMENT

SCHEDULE OF INFORMATION

concluded with

BUSLY TRANSPORT PROPRIETARY LIMITED

(Registration number 2022/783061/07)

Physical Address: First Floor One Vdara, 41 Rivonia Road, Sandton, Gauteng, 2196

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PARENT / LEGAL GUARDIAN DECLARATION

The person/s whose details appear above (designated as such), declare that he/she/they are the Parent/s or legal guardian/s of the Pupil. The rights and obligations contained in this agreement are binding jointly and severally on all persons listed above.

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IMPORTANT NOTICE:

Only children enrolled at the School will be transported by Busly on the bus used to transport the Pupil.

 

For the safety of the Pupil and the other children being transported by Busly the route which the relevant bus takes each day between the Pick-up Point and the School may vary, at the bus driver’s discretion.

 

By accepting the terms and conditions of transport or otherwise entering into this agreement you jointly and severally agree to the terms and conditions contained in this document. If there is any provision in this agreement that you do not fully understand, please ask for an explanation before accepting.

 

This agreement contains clauses which appear in similar text style to this notice and which:

  • may limit the risk or liability of Busly or a third party;

  • may create risk or liability for you;

  • may require you to indemnify Busly or a third party; and/or

  • serve as an acknowledgement, by you, of a fact.

Please read these clauses very carefully.

 

 

 

TERMS AND CONDITIONS

  1. EXLUSION OF LIABILITY

    1. All persons (including the Pupil) entering a Busly vehicle and/or property owned by Busly or under its control do so entirely AT THEIR OWN RISK.

    2. Busly 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 cased, and whether or not caused by Busly, its directors, its officers, servants, agents or any other person acting on behalf of or under the control of Busly, arising out of or connected in any way with the transportation or non-transportation by Busly of any passenger or persons and/or their property.

  2. TICKETS

    1. Tickets may be booked through Busly’s booking system (being an online platform and app Busly uses to manage its scholar transport logistics).

    2. Payment for tickets can be made through Busly’s App or by payment of an invoice issued directly to Busly.

    3. The ticket is proof of the agreement of transport between Busly, the purchaser of the ticket (including the Parents) and the Pupil, and the accompanying terms and conditions (read together with the accompanying schedule of information) are the entire agreement between the Parents, the Pupil and Busly.

    4. A ticket is valid for the use only by the Pupil to whom it is issued and as per the conditions indicated on the ticket. The Pupil will be required to present their ticket upon entering the bus.

    5. It is the Parents’ responsibility to to ensure that the correct information is captured upon booking. Any alteration to a ticket may render it invalid.

    6. Only tickets purchased from Busly or its appointed agents will be valid. Any tickets obtained from any other place or person not being a Busly agent will be void and the bearer of such tickets shall have no claim whatsoever against Busly and/or any of its directors, officers, servants, agents, or any other person acting on behalf of or under the control of Busly for any damages whatsoever

    7. The rights and title in and to tickets are non-transferrable. Tickets may however be transferred to another date and time in terms of clause 3 below whereupon new tickets shall be issued. All transfers shall be subject to payment of a cancellation fee as per clause 3 below.

  3. TICKET CANCELLATIONS AND CHANGES

    1. A ticket can be cancelled and a refund issued, subject to the following:

      1. 1 Notwithstanding the above, all tickets can be cancelled and will be refunded without any cancellation fee, provided that the cancellation is performed within 1 (one) hour after the ticket was purchased, but not within 30 minutes before the scheduled pick-up time, in which event the provisions of clause 4.4 shall apply.

      2. 1 Tickets purchased within 30 minutes of the scheduled pick-up time may not be cancelled and if unused a 100% cancellation fee will apply.

      3. 1 Tickets cancelled in consequence of the provisions of this clause 3.1 shall attract the stipulated cancellation fee and the balance, if any, shall be refunded to the purchaser .

    2. Tickets can be changed subject to the following:

      1. 1 Any change to a ticket requires a new ticket to be issued by Busly. Changes in fare will be payable. The value of the original ticket less the applicable fee will be applied towards the new ticket.

      2. 1 No change shall be affected within 1 hour of the scheduled afternoon pick-up time, or 1pm for the follow morning pick up time. No change shall be affected, or after pick-up time, and such tickets, if unused, are subject to cancellation with a 100% cancellation fee.

      3. 1 Any change as envisaged herein shall include any transfers to another date or time or upgrades of tickets.

      4. 1 Notwithstanding the above, all tickets can be changed with no change fee, provided that the change is done within 1 (one) hour of the purchase of the ticket, but 24 hours before the scheduled pick-up time in which event the provisions of clauses 3.2.2 and 4.4 shall apply.

      5. 1 Tickets purchased within 24 hours of the scheduled pick-up time may not be changed and if unused a 100% cancellation fee will apply.

      6. 1 Irrespective of the provisions of clause 3.2 above, no cancellation fee shall be imposed for cancellations or transfers due to the death or hospitalisation of a Pupil.

      7. 1 To cancel or change a ticket, please notify Busly for further action.  

  4. TIMETABLES AND SCHEDULES

    1. Whilst Busly will make all reasonable efforts to keep to its scheduled timetable, Busly does not guarantee any arrival or pick-up times, and it does not accept any liability for any loss or damage incurred by any passenger (including the Pupil), or inconvenience experienced by any person, due to a delay or cancellation of any service for whatsoever reason.

    2. Busly reserves the right to cancel any of its services for any reason without prior notice. Busly will not be liable for any loss or damage incurred by passengers (including the Pupil) as a result of such cancellation. Notwithstanding the aforesaid, Busly will always use its best efforts to provide Parents with reasonable notice of any cancellation of services.

    3. Pupils must be at the Pick-up Point 10 (ten) minutes prior to the scheduled pick time.

    4. Carriage of passengers arriving after the scheduled pick-up time is not guaranteed, and save in the event of hospitalization or death, any such passenger may not be allowed to travel, the ticket may be subject to cancellation with a 100% cancellation fee. Busly shall not be liable and is exempted from any loss, damage, or any claim occasioned by such cancellation.

  5. LUGGAGE

    1. The Pupil is allowed AT OWN RISK to take his/her school bag and school equipment required for the day onboard the bus.

    2. Busly reserves the right to refuse the carriage of luggage, goods or any person in its sole discretion.

    3. Unaccompanied luggage will not be carried.[CC1] 

    4. Although Busly does everything possible to prevent any loss, injury or death to its passengers, Busly is not liable, to the fullest extent permissible at law, for any loss, damage, death or injury whatsoever and howsoever arising, including but not limited to, claims arising from the transportation or non-transportation of persons or goods or loss or damage to passengers’ luggage, goods, hand luggage, personal effects, personal safety, bodily injury, death or loss of income or profi­ts, and the Parents and Pupil in accepting the ticket indemnify Busly to the fullest extent permissible at law against any claims whatsoever and howsoever arising whether direct, indirect or consequential damages, and whether existing, immediate or future loss, damages, death or injury, including any liability that may arise at common law, statutory law, on an equitable basis, natural law, international law, customary law, indigenous law or in terms of any other law or international instrument applicable in any country serviced by Busly.

    5. Busly does not provide any insurance cover for its passengers, their property or luggage. All passengers should ensure that they are adequately insured.

    6. Busly 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 in any country, to combat crime.

    7. Busly will not transport the following: weapons, ­rearms and ammunition (unless arranged and agreed to in writing by Busly), or any explosives, ­reworks, any illegal items including drugs, substances used to manufacture narcotics and illegal cigarettes, hazardous materials including acids, batteries containing liquid acid, gases in cylinders, flammable, corrosive or caustic materials or products, poisons and radioactive materials or products, live animals, abattoir products, corpses, assembled coffins, perishable goods including, but not limited to meat, fi­sh, any other food or perishable food products (save for food and beverages taken on-board for consumption at school), dry ice, used fuel tanks, paint.

    8. Subject to the provisions of clauses 5.6 and 5.7 above, Busly will transport the following items provided the item(s) are properly packaged and protected: sporting equipment (not constituting a weapon of any kind), and music equipment.

    9. Large items must be carried in the luggage compartment (if available) and loaded only by Busly’s employees, agents or other persons acting for or on behalf of Busly.

    10. Busly may in its sole discretion and without the giving of any reason, refuse the transport of any goods and no liability shall be attracted by such refusal.

    11. In the event that Busly 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 damages shall in total be limited to an amount not exceeding R5 000 (five thousand Rand).

  6. INCORPORATION IN AGREEMENT. These terms and conditions, read with the schedule of information are hereby expressly incorporated into and form integral parts of the transport agreement concluded between Busly, the Pupil and the Parent.

  7. General

    1. Busly reserves the right to inspect the ticket, travel documents, luggage, goods, packages and parcels of the Pupil.

    2. Busly reserves the right to refuse to transport or continue to transport, any passenger(s) or their luggage or goods provided that such refusal shall not result in any unfair discrimination.

    3. Busly will not refuse the transport of passengers merely based on the fact that they are physically challenged.

    4. Smoking and the use of alcohol or drugs on any Busly vehicle are prohibited and forbidden by law and shall not be allowed on Busly’s vehicles. Busly reserves the right not to transport any passenger who enters any Busly vehicle whilst intoxicated.

    5. Busly reserves the right to revise seat allocations without prior notice and to operate substitute vehicles of a different standard from those advertised should operational requirements or circumstances so dictate.

    6. Fares are subject to change without prior notice from Busly. Quotes are valid only at the time the quotation is provided, unless expressly indicated otherwise.

    7. Should you have a complaint in respect of Busly, you should inform Busly as soon as possible after the incident. Busly will not consider any complaints raised more than 7 (seven) days after the incident.

    8. With the exception of certified guide dogs accompanying blind passengers, no pets will be allowed on Busly’s vehicles.

    9. Passengers with special needs, including passengers with medical conditions and disabilities, are required to inform Busly before they travel with Busly.

    10. The wearing of seat belts is compulsory on all Busly vehicles.

    11. Busly reserves the right to refuse transport of any minor child or major person in its sole discretion and shall not be liable for and is indemni­fied against any loss or damage occasioned by such refusal.

    12. The terms and conditions set out herein shall be severable of each other and the invalidity of any part of these terms and conditions shall not affect the validity of any other part.

    13. The terms and conditions listed herein are subject to change at any time without prior notice.

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