Terms and Conditions – Definitions
In this agreement the following expressions shall bear the following meanings.
“The Company”: means D Park and Fly.
“The Customer”: means any individual person, a firm, partnership, corporation, company trust, voluntary association or club.
“The Vehicle”: means the vehicle which is received into storage and shall include any mechanical device on wheels, its equipment and/or accessories.
All and any business accepted by the Company and its employees, servants, representatives and/or agents is subject to conditions hereinafter set out and each and every condition hereinafter set out shall be deemed to be a condition of any agreement between the Company and the Customer.
1. The Company and its employees, servants, representatives and/or agents shall not be held liable to any Customer including without elimination the owner of the Vehicle in contact or in delict, for any loss or damages to the Vehicle and/or its contents (including without limitation, direct, indirect extrinsic, special, general or consequential damages) howsoever arising in respect of any negligent act or omission by the Company.
2. The Company shall not be held liable for any loss or damage whatsoever caused by natural disasters such as floods, hail, wind storms, electric storms and such like.
3. The Company shall not be held liable for any loss, theft or damage to any loose items left in the Vehicle whilst in the possession of the Company.
4. The Customer acknowledges that the Company and its employees, servants, representatives and/or agents shall have the right to drive the Vehicle on public roads to and from its place of storage.
5. The Customer warrants the Vehicle is fully insured, licensed and roadworthy and indemnifies the Company and its employees, servants, representatives and/or agents against any fines levied due to the condition of the vehicle or any loss or consequential loss occasioned as a result of the vehicle’s condition.
6. The Customer acknowledges that each Vehicle taken into storage is subject to a lien for all charges due or accruing to the Company and the Company reserves the right to refuse to release the Vehicle until such charges are fully paid.
7. No indulgence granted by the Company to the Customer shall constitute a waiver of any of the Company’s rights.
8. The Customer acknowledges that he accepts these terms and conditions by handing the keys of the Vehicle to the Company.