The following definitions are used in these Terms. Where these terms are used, they shall have the meaning set out below.Account:
shall have the meaning set out in clause 4.1.Booking:
a booking made by you through the Platform for one or more Services.Booking Acknowledgement:
shall have the meaning set out in clause 5.3.Contract:
shall have the meaning set out in clause 5.2.
the customer using the website to make a Booking.Force Majeure Event:
any act or event beyond our (or the Supplier's) reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.Payment Method:
valid Debit or Credit Card.Platform:
the booking platform provided by Zeelo on the website through which Customers can make Bookings.Travel Bundle:
A subscription entitling you to a weekly or monthly allocation of credits you can use to book Services on the Platform.Travel Bundle Credits:
Travel Bundle Credits:Service(s):
means a service provided by a Supplier pursuant to a Booking made by the Customer.Sporting Events:
Any live play sporting event including but not limited to football, rugby, cricket, hockey, tennis and horse racing.Supplier: a supplier of Services, including but not limited to a coach company or other transport provider or operator.Terms
: these website terms and conditions, as may be varied by us from time to time in accordance with clause 15.2.Website:
the website at https://zeelo.co.za
Zeelo, we, us:
ZeeloSA (PTY) Ltd, full details of which are set out in clause 2.
2. About us
2.1. We operate and make available to you the Platform. We are a company registered in South Africa with the company reg number 2018 / 471507 / 07. Our registered office is at 20 St Ives, 1 Sutton Avenue, Umhlanga Rocks, 4319.
2.2. To contact us, please use the contact details set out at clause 17.
3. About the website and these terms
3.3. It is important that you read these Terms carefully. We recommend that you print out a copy of these Terms for your future reference.
3.4. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.5. 1If you have any questions or queries, or if you would like to request a printed copy of these Terms, please contact us using the contact details set out at clause 17.
3.6. We may amend these Terms from time to time, as set out in clause 15.2.4. About You
4.1. To access the Platform, you will need to create an account on the website ('Account').
4.2. When creating an Account, you will be asked to enter your email address (which will become your username) and a password will be generated by us and sent to you by email to the registered email address. Your password will be unique to you and you must keep your password confidential. Only one Account per email address may be created.
4.3. You are responsible for your all activities, including all Bookings undertaken through your Account, including the use of your user name and password.
4.4. Any Booking which is made through your Account shall be deemed to be made by you.
4.5. By making a Booking on the website, you warrant that you have the authority and legal right to use any debit or credit card(s) used to purchase the Booking.
5. Bookings through the platform
5.1. We act as a disclosed agent for the Suppliers who offer their Services through the Platform. The Supplier is the principal in connection with the supply of the Services. We arrange and agree orders for Services on behalf of the Supplier between you and the Supplier.
5.2. When you complete a Booking through the Platform, the resulting legal contract is between you and the relevant Supplier(s) and such contract shall comprise of these Terms and the email confirmation of the Booking (the 'Contract').
5.3. After you make a Booking, and if we accept the Booking on behalf of the Supplier, you will receive an e-mail from us confirming acceptance of the Booking ('Booking Acknowledgment') acknowledging that we have received your order for Services and, if we accept the Booking. The Contract between you and the Supplier will only be formed when we have sent to you the Booking Acknowledgment.
5.4. For the avoidance of doubt, we do not provide transportation services ourselves, and are not a transportation provider or operator. We act as an intermediary between you and the Supplier.
5.5. There are a number of ways to make a Booking through your Account. These options include:(a) A direct Booking made for a single Service; and(b) A Booking made through a Travel Bundle.
5.6. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion.
5.7. The following terms will apply to any Bookings which are made with a Travel Bundle:
(a) Your subscription starts on the date that you sign up for the Travel Bundle and submit payment via a valid Payment Method or reactivate a pre-existing subscription.
(b) Travel Bundle Credits are only eligible for Bookings associated with that specific Travel Bundle.
(c) Seats are only guaranteed on Bookings where you have opted-in 7 days before the Booking is due to take place. Once this deadline has passed, you will only be able to opt-in for the Booking if there are seats available.
(d) Your Travel Bundle automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your Travel Bundle is cancelled or terminated. For example, if you purchase your Travel Bundle on 1st January, your subscription will automatically renew on 1st February.
6. The services
6.1. Any special requests relating to the Booking, including any special travel arrangements, health or mobility issues should be sent directly to the relevant Supplier through the Platform. A Supplier shall consider any such requests that it receives but shall not be required (unless required by law) to accommodate such requests when supplying the Services.
6.2. Person(s) under the age of 16 ('Children') shall only be permitted to travel on any of the Services when accompanied by an adult also travelling on the relevant Services or with prior written consent and agreement by a parent or legal guardian.
6.3. Our Suppliers reserve the right to refuse to transport or cease to transport any Customer who behaves in a disorderly, inappropriate (including excessive physical contact or display), threatening or abusive manner or who, in our absolute discretion, we consider a nuisance or a danger to our employees, agents, subcontractors or to fellow passengers and may require such a Customer to alight from a vehicle and if such actions are reported to us, we may suspend or terminate your Account pending further investigation.
6.4. Our Suppliers may charge reasonable repair or cleaning charges plus R2000 ('Repair Charges') representing damage costs and loss of earnings in the event of spillages in or in the event that any Customer vomits in or otherwise soils, contaminates or damages any of our Supplier's vehicles. The Customer shall be liable for the Repair Charges and Zeelo reserves the right to facilitate payment for the Repair Charges using the Payment Method used to make the Booking.
6.5. We shall not be responsible for any property left by Customers in any vehicle.
6.6. All Customers are required to use seatbelts at all times where provided.7. Prices and payment
7.1. Details of the prices for the Services shall be set out on the Platform.
7.2. The prices on the Platform are subject to change at any time. The final price for the Services shall be that set out in the Booking Acknowledgment.
7.3. Anything which is not stated as being included in the price on the Platform shall be expressly excluded.
7.4. Zeelo may be authorised by any Supplier to hold all funds paid by you to Zeelo in respect of the Services until such time that the Services have been completed. The funds shall then be released to such Supplier.
7.5. We reserve the right at all times to modify or cancel a Booking as a result of non- payment, in accordance with clause 9.4.8. Our liability
8.1. We shall use our reasonable endeavours to verify the information which is provided by the Suppliers and which we include on the Platform. We shall not, however, be liable to you should any such information be incorrect or misleading.
8.2. As part of our verification checks against Suppliers, we shall ask each Supplier to provide certain documentation relating to its insurance policies and any other policies, checks or documentation which it is legally required to have undertaken and/or to have in place. We shall accept such documentation from the Suppliers in good faith and shall not be liable in the event that it is later found that any such documentation was fraudulently provided, that any information in such documents is inaccurate or incorrect, or that such documentation was not valid at the time of a claim against the Supplier.
8.3. You may request copies of the documentation which we hold in relation to a particular Supplier and we may, at our sole discretion, provide you with such copies. We reserve the right to charge an administration fee in respect of any such copies that we provide.
8.4. Nothing in these Terms limits or excludes Zeelo's liability for:(a) death or personal injury caused by our negligence;(b) Zeelo's fraud or fraudulent misrepresentation;(c) anything else which cannot be limited or excluded by law.
8.5. The Customer hereby agrees and acknowledges that Zeelo will under no circumstances be held liable with respect to the Services or in any way in connection with the Booking, other than as expressly set out in clause 8.4.
8.6. Notwithstanding clause 8.5 and subject always to clause 8.4, we shall under no circumstances whatsoever be liable to you , whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:(a) any loss of profit, revenue or anticipated savings; or(b) any indirect, special or consequential losses;(c) use of, or inability to use, Zeelo; or(d) use of or reliance on any content displayed on Zeelo.(e) if you are a business user, please note that in particular, we will not be liable for:(f) business interruption;(g) loss of anticipated savings; or(h) loss of business opportunity, goodwill or reputation.and our total liability in respect of all other loss or damage arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not (unless otherwise agreed in writing between the parties) exceed the price of the Booking paid by you to us.
8.7. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes (even if you have told us what those purposes are).
8.8. Except as expressly set out in these Terms, all the information contained on the Platform is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing the Platform, you agree that we will not be liable for any direct, indirect or consequential loss arising from the use of the website, any delay or inability to use the Platform, or from your use of links from the website.
8.9. We do not guarantee that the website and the Platform, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.9. Cancellation or modification of booking
9.1. Your right to modify/cancel a Booking: If you need to cancel a Booking or any part of a Booking, you can do so through the relevant section on the Platform. The cancellation policy set out in this clause shall apply to any such cancellation.
9.2. Any cancelled Bookings are non-refundable. In certain circumstances at our absolute discretion, we may choose to make part or full refunds of certain payments.
9.3. Your right to modify the Booking, or any part of it, will be at our sole discretion.
9.4. Our right to modify/cancel a Booking: We reserve the right to cancel any Booking (on behalf of a Supplier) in the event that payment has not been received from you in accordance with the terms of the Contract relating to that Booking.
9.5. Your right to claim compensation: For Zeelo journeys to Sporting Events, Customers will be eligible for compensation in the form of journey refunds under the following circumstances:(a) The event attended is a single-day Sporting Event with an event duration in terms of live play of less of 3 hours;b) The vehicle provided by the Supplier arrives at the venue later than 15-minutes after the scheduled start of the event live play. This will be recorded and monitored by the Zeelo operations team; and
9.6. Delays relating to traffic (in the ordinary course of travel) or anything outside of the control of Zeelo or the Supplier will not qualify for compensation.
9.7. It is the Customer's responsibility to arrive at the departure point 5 minutes prior to the scheduled departure time. The Service shall depart at the scheduled departure time (unless prevented, frustrated or delayed due to an event beyond the control of Zeelo and/or the Supplier).
9.8. In the event that a Booking meets the circumstances in clause 9.5 (a) to (c) you should submit a written refund request to us by emailing [email protected]
, within 30 days of the journey taking place, with details of your full name, email address and booking number. We will not be liable for any refund requests made outside such 30 day time period or for any refunds requests not received by us. You acknowledge and agree that it is your responsibility to follow up on any refund requests.
9.9. We shall review any refund requests and any decision in respect of any compensation due shall be final and binding and in line with the records we hold for you in respect of the relevant Booking.
9.10. In the event that a reimbursement is due to you, we shall arrange for such payment to be made to the same card / bank account as the original payment for which the Booking was made. We shall pay such reimbursement to you within 20 days of receipt from the compensation request from you. If your Booking was made as part of a TravelBundle, you will be refunded the total amount paid divided by the number of games associated to that Travel Bundle.
9.11. We, on behalf of the Supplier, may make changes to the Services in the time between you receiving the Booking Acknowledgment and completion of the Services. If there is a significant change to the Services (for example, a change to travel dates or locations or a material change to the proposed schedule for the Services) the Customer shall be entitled to terminate the Contract without incurring any charges. We will use our reasonable endeavours to notify you of such changes to Bookings using the contact details provided by you to Zeelo.
9.12. Force Majeure: Neither Zeelo nor the Supplier will be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a Contract that is caused by a Force Majeure Event.10. Suspension or cancellation of your account
10.1. We can suspend or terminate your use of the Platform at any time by suspending or terminating your Account if you are in breach of these Terms (including any document referred to in them) or if we have reasonable grounds to believe that you have or are likely to breach any of these Terms.
10.2. In the event that we suspend your Account, pending further investigation of such breach, we will notify any Suppliers with whom you have a Booking and each such Supplier may, at its sole discretion, cancel any pending Booking.
10.3. In the event that we cancel your Account, all Bookings will terminate immediately and you may be entitled to a refund of all or part of the amount you have paid in connection with any such Bookings dependant on our cancellation policy.
10.4. On the cancellation by us or the Supplier of any such Bookings we shall return to you any funds which we hold in respect of any pending Bookings, provided always that we reserve the right to deduct from such funds an amount equivalent to any monies which are owed to us or the Supplier in respect of any such Bookings pursuant to these Terms.11. Uploading content to Zeelo
11.1 Whenever you make use of a feature that allows you to upload content to the website, or to make contact with other users of the website and/or Platform you must comply with the content standards set out in our Acceptable Use Policy below.
11.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
11.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the website and/or Platform.
11.5 We have the right to remove any posting you make on the website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
11.6 The views expressed by other users on the website and/or Platform do not represent our views or values.12. Viruses
12.1. We do not guarantee that the website will be secure or free from bugs or viruses.
12.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the website and/or Platform. You should use your own virus protection software.
12.3. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website and/or Platform, the server on which the website and/or Platform is stored or any server, computer or database connected to the website and/or Platform. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.13. Linking to Zeelo
13.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. You must not establish a link to the website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3. You must not establish a link to the website in any other website that is not owned by you.
13.4. The website must not be framed on any other site, nor may you create a link to any part of the website other than the home page.
13.5. We reserve the right to withdraw linking permission without notice.
13.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
13.7. If you wish to make any use of content on the website and/or Platform other than that set out above, please contact us by email on [email protected]
14. Third party links and resources in Zeelo
14.1. Where the website and/or Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.
14.2. We have no control over the contents of those sites or resources.15. General
15.1. Intellectual property rights: You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all the Platform and parts of the website and that nothing in these Terms or otherwise shall be deemed to be a transfer of any such intellectual property rights to you or any other person. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.2. Variation to Terms: We have the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the time that you make the Booking, unless any change to such terms and conditions is required to be made by law or governmental authority (in which case it will apply to Bookings previously placed by you), or if we notify you of the change to such terms and conditions before a Booking Acknowledgment is sent to you.
15.3. Severance: If any of the provisions of these Terms is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.4. Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5. Governing Law & Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa and submitted to the non-exclusive jurisdiction of the South African courts.16. Complaints procedure
All change requests, cancellation requests and complaints should be sent via email to[email protected]
.17. Contact us
17.1. You may contact us by using the live messaging service on the website or by e-mailing us at [email protected]
If you intend to write to us, you should address the communication to the address set out in clause 2.1.
17.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
17.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.