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4 Trek Adventures PTY (Ltd)

4 Trek Adventures PTY (Ltd)

TERMS AND CONDITIONS

CONDITIONS PERTAINING TO EQUIPMENT RENTAL, VENUE HIRE (WEDDINGS AND/OR SPECIAL EVENTS) CHARGES, DEPOSITS AND CANCELLATION CONDITIONS.

  1. The rates are subject to change without notice.
  2. The rates are ZAR (South African Rand)
  3. The Clients (“function holder’s and/or person who rent equipment) reservation will be affected upon receiving a signed copy of a signed quotation and/or a completed Reservation Form and/or the payment of the deposit or in full.
  4. The final number of guests must be sent to us a 30 Days before your function for catering purposes. Please note that this number may not decrease. You can however increase the number of guests by letting us know no later than 7 Days before your function.
  5.  The venue and/or equipment is only available on the day the venue and/or equipment has been reserved for as specified in the reservation and hire form or agreed quotation. Should you, or your representative, require prior entry for setup, additional charges may be applicable in terms of different venue T&C’s.
  6. Cancellations will only be accepted by email to admin@4trek.co.za
  7. No verbal cancellations can be accepted.

DEPOSIT REQUIRED

  1. A deposit, of 50% is required to secure your provisional booking.
  2. We will hold the provisional booking for two (2) days – 48 hours, until a signed copy of the Quotation is received along with the deposit.
  3. Provisional bookings will be released without notification, should you fail to make payment of the deposit and provide 4 Trek Adventures PTY (Ltd) with the necessary documentation as stated above, the cancelation policy will be binding.
  4. A 50% deposit payable at least three (3) months prior to the event for functions and within 48 hours of acceptance of rental quotation. If quotation falls within the last seven days of rental or function the full amount are due within 48 hours or before the rental and/or function.
  5. Balance hire charges is payable one (7) Days prior to the event for functions and omitting to comply,  the function will be cancelled and the initial deposit will be forfeited.

CANCELLATION POLICY

The following cancellation fee will be charged by 4 trek Adventures PTY (Ltd) to the Client, in the event of cancellation of any advance reservation or booking.

  • 1 Calendar Month prior to event a 25% cancellation fee will be levied on the full value of the quotation
  • 14 Days prior to event a 50% cancellation fee will be levied on the full value of the quotation
  • 7 Days or less prior to event a 100% cancellation fee will be levied on the full value of the quotation.
  • Only one rescheduling and postponement will be allowed by 4 trek Adventures PTY (Ltd) thereafter a 100% cancellation fee will be levied on the full value of the quotation.

PUBLICITY

4 Trek Adventures PTY(Ltd) reserves the right to photograph or film the event for its own use.

By signing this agreement I give consent to 4trek Adventures (PTY)Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers photograph or film the event for its own use.

INDEMNITY

1. The function holder indemnifies 4 Trek Adventures PTY(Ltd) for any claims for damages, injury or loss by any person(s), including its guests, arising out of the function held at the any premises.

2. The client will be responsible for the safe keeping of, or damage caused to 4 Trek Adventures PTY(Ltd) by their attendees.

3. If your décor is left on any premises for more than two days after your function a storage fee will apply. We will only retain your property for a maximum of 1 week it will then be sold to cover costs incurred.

YOU HEREBY AGREE, AS A CONDITION OF YOUR OCCUPATION OF any premises provided by 4 Trek Adventures PTY(Ltd)  THAT 4 Trek Adventures PTY(Ltd) AND THE OWNER, MANAGEMENT OF THE PREMISES AND THEIR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVE (COLLECTIVELY “4 Trek Adventures PTY(Ltd)”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACCIDENT OR ANY INJURY OR DEATH OF ANY PERSON OR THE LOSS OR DESTRUCTION OF ORDAMAGE TO ANY PROPERTY, WHETHER ARISING FROM FIRE, THEFT OR ANY OTHER CAUSE WHATSOEVER AND BY WHOMSOEVER CAUSED OR ARISING FROM THE NEGLIGENCE OR WRONGFUL ACTS OR OMISSIONS OF 4 Trek Adventures PTY(Ltd). YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNDONDITIONALLY INDEMNIGY AND AGREE TO HOLD HARMLESS 4 Trek Adventures PTY(Ltd) IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.

BREACH

1. The terms and conditions of this agreement are all deemed to be material and should the function holder be in breach of any of these terms and conditions 4 Trek Adventures PTY(Ltd) will be entitled to:-

  • Cancel the function and/or Rental agreement forthwith.
  • Claim the full hire charges and retain the deposit.
  • Claim any damages it may have suffered as a result of the breach.
  • The interest payable to 4 Trek Adventures PTY(Ltd) for any money outstanding will be calculated at the prime overdraft rate.

SEVERABILITY

If any particular provision and/or term of this Agreement is found to be defective or unenforceable or is cancelled for any reason (whether by any competent Court or otherwise) then the remaining provisions and/or terms shall continue to be in full force and effect. Each provision and/or term of this Agreement shall accordingly be construed as entirely separate and separately enforceable in the widest sense from the other provisions and/or terms hereof.

COUNTERPARTS

This Agreement may be interred into any number of counterparts and by the Parties to it on separate counterparts, each of which when so executed and delivered shall be an original, but all the counterparts shall together constitute on and the same instrument included https://4trek.co.za/terms-and-conditions/.

4 Trek Adventures PTY (Ltd)

Agreement

This Equipment Lease Agreement (“Lease”) is made and effective the current user (“Lessee”) signing the rental order and the payment of the rental invoice by the Lessee on collection of the lease equipment, by and between 4 trek Adventures PTY (Ltd) “Lessor”) and the Lessee, collectively referred to as the “Parties”. The Lessor desires to lease to the Lessee, and the Lessee desires to lease from the Lessor, certain tangible personal property. Now, therefore, in consideration of the mutual covenants and promises hereinafter set forth, the Parties hereto agree as follows:

1. Lease

The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor, the following described equipment (the “Equipment”) shown in the order. The Lessor warrants that the Lessor has the right to lease the equipment, as provided in this Lease.

2. Lease Term, Rent and Deposit

The term of this Lease shall commence on the start date described in the order and shall expire on the finish date shown in the order. The rent for the Equipment shall be paid in advance in full. A cash deposit of 50% shall be required.

3. Use

The Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, provincial, municipal, police and other laws, ordinances and regulations of the Republic of South Africa (“South Africa”) in any way relating to the possession, use or maintenance of the Equipment.

4. Care

The Lessor, shall keep the Equipment in good condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. The Lessee shall not repair or materially alter the physical or otherwise makeup of the Equipment in any way.

Equipment is checked by the Lessor before collection by the Lessee. In the event that the Equipment appears damaged when the Lessee collects the Equipment, the Lessee must notify Lessor immediately upon first inspection of the Equipment and the Lessor will negotiate a mutually agreeable solution with the Lessee.

5. Damage, Loss and Insurance

The Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. The Lessee shall be responsible to maintain insurance on the Equipment with losses payable to the Lessor against damage, loss, fire, theft, collision, and other such risks as are appropriate and specified by the Lessor.

In the event of damage of any kind whatsoever to the Equipment, the Lessee agrees to immediately contact the Lessor with an accurate description of the damage and the circumstances of its occurrence. The Lessee agrees to be bound, legally and otherwise, by the report of the Lessor’s chosen repair venue as to the cause of the damage to the Equipment.

The Equipment will be deemed to be sold to the Lessee when Lessee has failed to return the Equipment to the Lessor and not contacted the Lessor in writing within two (2) days of expiration of the Term. In the event of loss of any kind whatsoever to the Equipment, the Lessee shall notify the Lessor the same day of loss and*, at the Lessor’s option and whatever option is higher:

(ii) No Replace policy for replace the same with like equipment in good repair, condition and working order; and only (ii) Pay to the Lessor the replacement cost of the Equipment.

6. Surrender

Upon the expiration or earlier termination of this Lease, the Lessee shall return the Equipment to the Lessor in good repair, condition and working order. 100% Cancellation fee will be levied on the full value of the quotation/invoice. The Lessor’s acceptance of the Equipment upon return by Lessee shall not represent the Lessor’s acceptance as to condition of Equipment upon return and the Lessor reserves the right to make assessment regarding the condition of the Equipment.

7. Indemnity

The Lessee shall indemnify the Lessor against, and hold the Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from the Lessee’s use of the Equipment.

8. Default

Late returns are subject to a fee of 75% of the day rental price at time of hire per day.

9. Ownership and Assignment

The Equipment is, and shall always be and remain, the sole and exclusive property of the Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.

The Lessee shall not assign or transfer this Lease or its interest in the Equipment without the prior written consent of the Lessor.

10. Additional Documents

If the Lessor shall so request, the Lessee shall execute and deliver to the Lessor such documents as the Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of the Lessor in the Equipment including, but not limited to, copies of an identity document or passport.

11. Entire Agreement

This Lease constitutes the entire agreement between the Parties and supersedes any prior understanding or representation preceding the date of this Lease. This Lease may be modified in writing and must be signed by both the Lessor and the Lessee.

Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.

12. Disclaimer

Every effort is made to assure that descriptions and prices are correct. The Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

13.  The Lessor deem necessary or desirable for purposes of recording or filing to protect the interest of the Lessor in the Equipment to The Lessee shall be responsible to be informed of all the terms and conditions applicable to the https://4trek.co.za/ website including,

 TERMS AND CONDITIONS

CONDITIONS PERTAINING TO EQUIPMENT RENTAL, VENUE HIRE (WEDDINGS AND/OR SPECIAL EVENTS) CHARGES, DEPOSITS AND CANCELLATION CONDITIONS.

14. Governing Law This Lease shall be construed and enforced according to laws of South Africa.

Lessor:  _____4 Trek Adventures PTY (Ltd) 

(PLEASE SIGN HERE) Lessee:  _____________________________________________

Date ________/__________/2021

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