Definitions

1.1 The “Service” means the chauffeur service rendered by RYDD to the Member in terms of this Agreement;
1.2 “Service call out” means the action in which the Member requests the Service from a Collection Point to the Drop Off Point;
1.3 “Operating Hours” means from 17h00 (pm) to 01h00 (am) the following day from a Monday to a Thursday, from 16h00 (pm) to 03h00 (am) on a Friday and Saturday, and from 16h00 (pm) to 24h00 (pm) on a Sunday and on public holidays;
1.4 “Collection Point” means the address from which the Member requests to be collected for the purposes of using the service;
1.5 “Collection Time” means the time at which the Driver arrives at the Collection Point;
1.6 “Driver” means a person contracted by RYDD as a chauffeur;
1.7 “Service Area” means the geographical area in which RYDD provides the service;
1.8 “Drop Off Point” means the address where the Member requests to be dropped off on completion of the Service;
1.9 “Member” means the person who enters into this agreement with RYDD;
1.10 “Members vehicle” means the vehicle the Member requires the Driver to operate;
1.11 The “Agreement” means this agreement and is inclusive of the Rates Schedule;
1.12 The “Rates Schedule” means the schedule in which all the charges and applicable fees in respect of the Service are set out;
1.13 RYDD means RYDD (Pty) Ltd (Reg No. )

Service Provided

2.1 RYDD will provide the Service to the Member during the Operating Hours and within the Service Area.
2.2 The Member undertakes to provide his full co-operation in order for RYDD to carry out the Service.
2.3 The Member will only be transported from the Collection Point to the Drop Off Point in a motor vehicle provided by the Member.
2.4 The Member is obliged to remain contactable by the Driver after logging a Service Call Out and provide access to the Driver to enter the Collection Point.
2.5 The Member shall ensure that RYDD personnel have clear and unimpeded access to the Collection Point at all times relevant to the execution of the Service.
2.6 Upon arrival of the Driver at the Collection Point, he shall wait for a period of ten minutes for the Member to identify themselves. The Member is obliged to keep a lookout for the Driver at the Collection Point. Upon expiry of the ten minutes the Driver shall be entitled to leave the Collection Point without the Member.
2.7 Should the Member cancel the Service Call Out more than 5 minutes after booking the Service Call Out, the Member shall be liable for the applicable cancellation fee as per the Rates Schedule.

Charges & Payment for the Service

3.1 RYDD reserves the right to amend the Rates Schedule from time to time subject to 30 days’ notice;
3.2 The Member shall not be entitled to withhold payment of any amount due to RYDD in terms of this agreement for any reason other than valid termination;

Credit Card Payments

4.1 The Member hereby authorises RYDD to draw against the Credit Card/Credit Cards registered to the Members RYDD profile, all charges in respect of the Service as set out in the Rates Schedule.
4.2 Further, if there are insufficient funds in the Members nominated Credit Card to meet their obligation, RYDD is entitled to re-present the instruction for payment at a later date;

Duration of Agreement

5.1 This Agreement will be effective from date of signature hereto and shall remain in force until cancelled by the Member or RYDD;

Indemnification

6.1 RYDD thoroughly screens all drivers and takes reasonable steps to ensure that all drivers are competent. Due the nature of the service RYDD cannot guarantee a drivers performance and accordingly, and as an essential term of this contract, the Member is required to ensure the vehicles insurance extends to the use by the RYDD driver (See Clause 6.2 below) and irrevocably indemnifies RYDD against any claim by the Member or any person transported by RYDD with the Member or at the Member’s request arising out of, or in connection with any negligent conduct of RYDD driver.
6.2 The Member warrants that it has the adequate and appropriate insurance cover in place in respect of the Members vehicle which extends to the use thereof by alternate drivers so as to include any RYDD representative providing the Service.
6.3 It is agreed that, in the event of an accident, the Member agrees to claim under his own policy and pay any excesses or deductibles applicable. The member and his insurer shall have no recourse against RYDD or the RYDD Driver.
6.4 Whilst all reasonable efforts will be made to ensure that drivers are available and on time, RYDD does not warrant the Service to the Member in case of unforeseen circumstances or times of unexpected demand and the Member hereby waives his right to claim compensation of any kind in respect of such occurrence.

Outstanding Charges

7.1 The Member agrees to pay any costs incurred by RYDD for the collection of outstanding monies owed to RYDD by the Member including all legal charges on the scale as between attorney and own client.
7.2 Where payment of any amount due is not made on due date, RYDD may charge interest on the outstanding amount at the maximum rate allowed in law.

Cession

8.1 The parties hereby agree that RYDD is entitled to cede any part or all of its obligations under the Agreement, including and without limiting the generality of the aforegoing, it’s obligations relating to the Service and that it shall have the right to assign any or all of it’s rights, acquired in terms of the Agreement, at any time and to any entity.

Domicilium Citandi Et Executandi

9.1 The parties choose as their domicilium et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following addresses:
9.2 RYDD (Pty) Ltd – Unit 8 Sunnypark, 4 Sugarfarm Trail, Sunningdale, Durban
9.3 The Member – the email address and or cell phone number for short message service notification as provided by the Member under Member Details in this Agreement.

General

10.1 The Member consents to RYDD sending various communications including invoices and statements through various means including but not limited to email, SMS, telephonic and AVM to the contact details as provided by the Member in this Agreement.
10.2 The Member hereby agrees that RYDD may, in addition to any of it’s other rights in terms of the Agreement or otherwise, list any default information on the Member with any credit information bureau, and the Member agrees to disclosure by RYDD to any third party, of any information pertaining to the Member to the extent that any such disclosure is necessary for the conduct of RYDD business, or is required by any relevant statute or regulation.
10.3 As the service provider under the Agreement, RYDD shall be entitled to sub-contract it’s obligations under this Agreement provided that the sub-contracted service provider shall be liable to the Member for the performance of the Service.