KAMPI.CO.ZA - TERMS & CONDITIONS
By accessing or using KAMPI.CO.ZA or any related website operated by KAMPI.CO.ZA where these terms and conditions are posted, you acknowledge and agree to be bound by terms and conditions as set out therein. KAMPI.CO.ZA provides an online platform allowing members to publish, offer, search for, and book various campers.
To use the features of the KAMPI.CO.ZA platform, you must register an account and ensure that your account information remains accurate. KAMPI.CO.ZA does not own, control, offer, or manage any listings and is not a broker, insurer, or agent for any member.
In addition to these terms, other policies, such as our privacy policy and insurance policy, apply. These policies detail our handling of personal data and the insurance options available through KAMPI.CO.ZA payment entities. It is important to review these terms carefully, as they contain significant conditions that may limit your rights.
1. DEFINITIONS AND INTERPRETATION:
1.1. In these terms and conditions:
1.1.1. Clause headings are for convenience only and should not be used to interpret or construe the terms.
1.1.2. Unless the context indicates otherwise, an expression that includes:
1.1.2.1. any gender shall by implication include the other genders;
1.1.2.2. a natural person shall include a juristic person and vice versa;
1.1.2.3. the singular shall include the plural and vice versa;
1.1.3. In the event of any dispute, figures referred to in numerals and words, the latter shall prevail.
1.1.4. References to statutes, regulations, or other legislation refer to them as they were at the time you first accessed these Terms and Conditions and as they may be amended or substituted.
1.1.5. Where any number of days is prescribed in these terms and conditions, it excludes the first day and includes the last day. If the last day falls on a Saturday, Sunday, or public holiday, the deadline extends to the next business day. References to “months” or “years” refer to calendar months and years.
1.1.6. The terms “include,” “including,” and “in particular” followed by specific examples do not limit the generality of the preceding wording, and the eiusdem generis rule does not apply.
1.1.7. Where any term is defined within a particular clause other than as set forth in clause 1.2, then that term shall bear the meaning ascribed to it/them in that clause wherever it is used in these terms and conditions.
1.1.8. These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa.
1.2. In this agreement, unless the context indicates otherwise:
1.2.1. “Agreement” means these terms and conditions as amended from time to time.
1.2.2. “Booking” means a request made by the Renter for a camper for a specified period.
1.2.3. “Camper” means a recreational vehicle, including but not limited to trailers, towable campers, vans, bakkies, caravans, or any other vehicle, listed on the website.
1.2.4. “Collective Content” means content from both Members and the Company.
1.2.5. “Company” means KAMPI ADVENTURES PROPRIETARY LIMITED (REGISTRATION NUMBER 2021/541518/07) and KAMPI TECHNOLOGIES PROPRIETARY LIMITED (REGISTRATION NUMBER 2023/656500/07) collectively, duly incorporated in terms of the laws of the Republic of South Africa with its principal place of business situated at 652 Eland Street, Mooikloof, Pretoria.
1.2.6. “Company Content” means all content provided by the Company through the website or Services, including content licensed from third parties, but excluding Member Content.
1.2.7. “Listing” means a camper listed by an Owner as available for rent via the Services.
1.2.8. “Member” means any person who completes the Company’s account registration process including, but not limited to Owners and Renters.
1.2.9. “Member Content” means all content posted, uploaded, published, submitted, or transmitted by a Member on the website.
1.2.10. “Owner” means a Member who creates a Listing via the Services.
1.2.11. “Renter” means a Member who requests a booking for a camper via the Services or uses a camper rented through the Services and is not the Owner of that camper.
1.2.12. “Retail Value” means the purchase value of the camper less depreciation value.
1.2.13. “Services” means the services provided through the Company’s website and mobile applications, under which Owners and Renters may connect, so that Renters may rent an Owner’s camper for a period for a price negotiated by and between the Renter and Owner.
2. IMPORTANT NOTICE:
2.1. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.1.1. may limit the risk or liability of the Company or a third party; and/or
2.1.2. may create risk or liability for the member; and/or
2.1.3. may compel the member to indemnify the Company or a third party; and/or
2.1.4. serves as an acknowledgment, by the member, of certain facts.
2.2. You should carefully review these Terms and Conditions as they are significant.
2.3. If you do not understand any provision in these Terms and Conditions, you must request clarification from the Company before accepting these Terms and Conditions or continuing to use the Website.
2.4. The Company permits the use of this Website subject to the Terms and Conditions. Use of this Website is subject to these Terms and Conditions. By using the Website, you agree to all Terms and Conditions unconditionally. If you do not agree, you must not use the Website.
2.5. The Company may modify these Terms and Conditions at its discretion. You are responsible for regularly reviewing them. Continued use of the Website after changes implies acceptance of the new Terms and Conditions. If you do not accept the changes, you should cease using the Website and refrain from placing further listings or bookings.
2.6. Changes to the Terms and Conditions will apply only after they are applied and posted on the Website. Your continued use of the Website after such changes signifies your acceptance thereof.
3. COMPANY INDEPENDENCE:
3.1. The website serves as a platform for booking, payment processing, searchable directory services, and an introduction service for Renters and Owners.
3.2. Members acknowledge and agree that the website is solely an online introduction platform, and the Company’s role and responsibility is limited to providing and maintaining the website and its services.
3.3. The Company is not a party to any rental agreements between Owners and Renters and does not endorse or guarantee any Members. The Company is neither a broker, agent, nor insurer for campers. The Company does not control or manage the conduct of Owners, Renters, or other users of the website or services. The Company expressly disclaims all liability related to the conduct of Members and the use of the website to the fullest extent allowed by law. Owners and Renters engage with each other at their own risk.
3.4. Any arrangement between an Owner and a Renter is exclusively between the Owner and Renter and is not governed by these Terms and Conditions with the Company.
3.5. The Company does not own, operate, or control any campers, including trailers, towable campers, vans, caravans, or bakkies. The Company is not involved in buying, selling, furnishing, providing, renting, re-renting, managing, or controlling campers or related travel services. The Company’s responsibilities are limited to facilitating the website and its services.
3.6. Members agree that they are responsible for complying with all applicable laws, rules, and regulations related to the listing and rental of campers, including but not limited to permit or licensing requirements and safety compliance.
4. REGISTRATION AND USE OF THE WEBSITE:
4.1. Only registered members may list and book campers on the website.
4.2. The Services provided via the Company’s website and mobile applications connect Owners and Renters, enabling Renters to rent an Owner’s camper for a specified period and price negotiated between the Owner and the Renter.
4.2.1. Owners and Renters may use the Company’s communication tools or the “Request a Quote” platform to engage with the Company regarding available Services.
4.2.2. While you may search for Listings as an unregistered member, you must register and create an account to book a camper or create a Listing.
4.3. To register as a member, you must provide a unique username and password along with certain personal information. Your unique username and password will be required to access the Website for listing and booking campers.
4.3.1. Owners must register and create an account with the Company to list a camper for rent. Note that the camper is insured only for its retail value at the time of listing on the Company’s website.
4.3.2. If the Company operates internationally, it expressly disclaims liability for any damages to campers as outlined in Clause 8. Additionally, for overseas listings, the listing member must have their own insurance to cover the camper’s rental.
4.3.3. Renters must register and create an account with the Company to rent a camper for a specified period.
4.3.4. Accounts can be created via third-party services such as Facebook or Google, or by using a valid e-mail address.
4.3.5. Note that your relationship with third-party accounts is governed solely by your agreements with those third-party service providers.
4.3.6. The Company reserves the right to terminate any account at its sole discretion and without prior notice.
4.3.7. The Company further reserves the right to suspend or cancel your Listing without notice if it suspects, at its sole discretion, unauthorized or fraudulent use of your account.
4.3.8. Although the Company currently does not charge fees for creating Listings, it reserves the right to impose fees for Listings or other Services at its sole discretion.
4.3.9. The Company offers an integrated identity verification solution provided by third parties. Members may need to provide a photograph and driver’s license, which will be verified by a call centre. Additional documents may be requested. By using this service, you consent to the transfer, storage, and processing of your photograph and identification by the Company.
4.4. You agree and warrant that your username and password shall:
4.4.1. be secure and kept strictly confidential; and
4.4.2. be used solely for your personal use; and
4.4.3. not be disclosed to any third party.
4.5. For security purposes, you agree to enter the correct username and password when listing and/or booking a camper. Failure to do so will result in denied access.
4.5.1. Although members are required to provide accurate information, it is your sole responsibility to determine the identity and suitability of others whom you contact via the Website.
4.5.2. Except as specified in this Agreement, the Company will not be responsible for any damage of harm resulting from your interactions with other members or parties through the Website or Service. It is recommended that you exercise due diligence when deciding to rent a camper, accept a booking request, or interact with other users.
4.6. You agree to notify the Company immediately if you become aware of or suspect any unauthorized access to or use of your username and password and to take steps to mitigate any resulting loss or harm.
4.6.1. If the Company suspects unauthorized access to your account, you agree to promptly change your username and password and take any other reasonable actions requested by the Company to secure your account.
4.6.2. Members acknowledge, agree and understand that neither the Company nor any of its affiliates will have any liability to any member for any unauthorised transaction made using any Member’s respective username or password.
4.6.3. The Company may suspend or cancel your listing or reservation without notice if it suspects, at its sole discretion, that your account or email is being used fraudulently or without authorization.
4.7. By using the Website, you warrant that you are at least 18 (eighteen) years old and have full legal capacity. If you are under 18 (eighteen) or not legally permitted to enter into a binding agreement, you may use the Website only with the involvement and supervision of a parent or legal guardian. If supervised and consented to by your parent or guardian, they agree to be bound by these Terms and Conditions and accept responsibility for your obligations under them.
4.8. You agree not to use any device, software, or other instruments to interfere or attempt to interfere with the proper functioning of the Website. You also agree not to use any automated devices, such as robots or spiders, to monitor, copy, distribute, or modify the Website or its information without prior written consent from an authorized Company representative. (Consent is deemed given for standard search engine technology used to direct users to the Website).
4.9. You may not display, publish, copy, print, post, or otherwise use the Website or its information without the express prior written consent of an authorized Company representative.
4.10. The Company will take reasonable steps to ensure accurate descriptions, availability, and rental prices of campers on the Website. However, the Company will not be liable for any loss, claim, or expense resulting from errors on the Website that are not due to gross negligence.
5. PAYMENT & BOOKINGS:
5.1. Members understand and agree that the platform is an online introduction service only, with the Company’s role limited to facilitating the availability of listings. The platform does not endorse any camper and/or service.
5.2. The Company uses the third-party payment platform, Payfast.co.za ("Payfast"), to process credit card transactions. By using Payfast, you agree to be bound by Payfast’s Terms of Service. Further information about Payfast and its services can be found at https://payfast.co.za.
5.2.1. You acknowledge and agree that all payments and monetary transactions are handled by Payfast. The Company is not liable for any issues related to financial transactions between you and other parties, including Payfast.
5.2.2. You understand that the Payfast API may change at any time. Members are prohibited from processing stolen or unauthorized credit cards through Payfast.
5.2.3. Owners collect payments for services via the website and appoint the Company as their limited agent solely for collecting payments from Renters.
5.2.4. Each Owner agrees that payment made by a Renter to an Owner through the Company shall be considered the same as a payment made directly to the Owner and the Owner will make the camper available to the Renter in the agreed-upon manner as if the Owner had received payment directly from the Renter.
5.3. Any arrangement between an Owner and a Renter is solely between those parties and is not part of the agreement with the Company.
5.4. The Owner and Renter are responsible for negotiating and setting rental pricing. The Owner must request payment from the Renter through the Company’s secure payment system.
5.5. Once a booking is requested via the website, the Owner may (in its absolute and sole discretion) either confirm or reject the booking within 24 (twenty-four) hours of the booking being requested.
5.5.1. Should the owner decide to reject the booking or fail to respond within 24 (twenty-four) hours, the Company may refund any amounts collected for the booking to the Renter.
5.5.2. Should the Owner confirm the booking, the Company will notify the Renter via e-mail, text message, or a message on the website, depending on the Renter’s selection.
5.6. A camper is reserved only once payment is received and processed through Payfast. By booking, you agree to pay the full cost of the camper, including any applicable charges and taxes.
5.7. In the event of a booking being made more than 30 (thirty) days in advance of the elected rental period, the Owner may in its absolute and sole discretion allow the renter to split the payment into 2 (two) separate instalments with the final payment being made on or before the commencement of the rental period.
5.7.1. The Company will hold all payments made during the 30 (thirty) day period, prior to the rental period.
5.7.2. The Company will release payments, minus applicable fees, to the Owner within one day after the rental period commences.
5.8. Members are solely responsible for complying with all applicable laws, rules, and regulations, including tax obligations related to their use of the website and Services
5.9. In the event that the Owner opts to receive payment through the PayFast system and subsequently receives an additional payment directly into their bank account, the Owner shall be responsible for notifying the Company without delay and for returning any duplicate payments. The Owner undertakes to reimburse the Company for the duplicate amount within 7 days of receipt. Alternatively, the Owner may choose to deduct either 50% or the full amount of the overpayment from their next booking payment. Failure to comply with this obligation, or failure to deduct or return the full duplicate amount, may result in legal action or the suspension of services until the matter is fully resolved.
6. CANCELLATIONS AND REFUNDS
The Company reserves the right to cancel any booking, at its sole discretion, without prejudice to the Company, under the following circumstances which includes but is not limited to:
6.1. All bookings made through the Company are subject to a strict cancellation policy. For bookings made 7 (seven) or more days prior to the rental start date, there is a 24 (twenty-four) hour grace period for cancellation, which commences immediately after the booking is confirmed. For bookings made less than 7 (seven) days prior to the rental start date, there is a 1 (one) hour grace period for cancellation, commencing immediately after the booking is confirmed. During these grace periods, the Renter will receive a full refund if the booking is cancelled. Cancellations made after the applicable grace period and within 7 (seven) days of the scheduled departure date are non-refundable, and the full booking amount will be forfeited. Once the rental period commences, the booking becomes non-refundable, and the Company shall not be liable for any refunds or compensation in such instance.
6.2. The Renter is entitled to a full refund of all monies paid, less the Company’s Service Fee, for cancellations made at least 30 (thirty) days prior to the rental start date. Cancellations made within the 30 (thirty) day period prior to the rental start date are non-refundable.
6.3. To cancel a booking, the Renter must submit a cancellation request through the Company’s website. The request will be processed according to the Owner’s chosen cancellation policy, which the Renter agreed to at the time of booking. Cancellations must be made by 23:00 local time on the day specified in the applicable cancellation policy to qualify for a refund.
6.4. The Company reserves the right to cancel any booking at its sole discretion, without prejudice to the Company, under the following circumstances:
6.4.1. Due to unforeseeable circumstances or events beyond its control, including but not limited to natural disasters, acts of terrorism, civil unrest, war, government regulations, strikes, labour disputes, or other events classified as force majeure.
6.4.2. If the Member fails to comply with the terms and conditions set forth herein or any additional agreements with the Company.
6.4.3. If hosting the booking poses a risk to the safety and security of the Company’s staff, customers, or property.
6.4.4. In the event of a breach of agreement by the Member, including but not limited to providing false information, misrepresentation, or engaging in unlawful activities.
6.4.5. Due to unforeseen circumstances, including but not limited to overbooking or operational constraints.
6.4.6. To comply with applicable laws, regulations, or orders from governmental authorities.
6.4.7. If the Member fails to make the required payments in accordance with the agreed terms and conditions.
6.4.8. If the Member becomes insolvent, bankrupt, or enters into liquidation or administration proceedings.
6.4.9. For operational reasons, including but not limited to renovations, repairs, or maintenance of its facilities.
6.5. In the event that an Owner removes a caravan or trailer from the website, for any reason, after payment has been processed, regardless of the payment method used, including but not limited to credit cards, bank transfers, or third-party payment platforms including but not limited to PayFast, the Company will endeavour to assist the Renter in securing an alternative listing similar in kind. However, the Company disclaims any and all liability for the actions of the Owner and shall not be held responsible for any costs, losses, or damages incurred by the Renter as a result of the removal.
6.6. Each Owner agrees that the Company may:
6.6.1. Permit the Renter to cancel the booking; and
6.6.2. Refund to the Renter that portion of the payment specified in the applicable cancellation policy.
6.7. Any disputes regarding the cancellation policy or refunds must be directed to the Company at least 24 (twenty-four) hours before the rental start date. In accepting its role as the limited payment collection agent for the Owner, the Company assumes no liability for any acts or omissions of the Owner. The Owner acknowledges that the Company has control over the disbursement of funds in accordance with this Agreement and the Owner’s cancellation policy and that the Company’s decisions regarding payment disputes are final.
6.8. The Company retains sole discretion to consider exceptional refund requests outside of the standard cancellation policy. Such decisions will be final.
6.9. In the event of a cancellation by the Company, reasonable efforts will be made to notify the Member as soon as possible using the contact information provided at the time of booking. The Company shall not be liable for any losses, damages, or expenses incurred by the Member or any third party as a result of the cancellation, except as provided in the Company’s refund policy.
6.10. The decision to cancel a booking rests solely with the Company, which reserves the right to exercise its discretion in accordance with these terms and conditions.
6.11. In the event of the death of the Owner of a camper or trailer during the time the listing is active on the Company’s website, whether the camper or trailer is out on a booking or in the process of being rented, the Company shall take the following actions to ensure continuity and security:
6.11.1. The Company shall be notified as soon as practicable by the Owner's representative, estate executor, or any other responsible party of the Owner's passing.
6.11.2. The Company reserves the right to manage the rental listing and any associated bookings on behalf of the Owner's estate. This includes but is not limited to:
6.11.2.1. Completing any existing bookings;
6.11.2.2. Processing any refunds or cancellations in accordance with the Company’s policies.
6.11.3. The Company shall require evidence of authority from the Owner's estate or legal representative to determine the appropriate course of action for the camper or trailer, including the potential transfer of ownership, if applicable.
6.11.4. The Company shall not be liable for any losses, damages, or expenses incurred as a result of the Owner's death, including but not limited to the inability to complete bookings or the management of the rental listing. The Company’s responsibilities shall be limited to the management of the rental listing as described above.
6.11.5. If a new Owner is designated and all necessary documentation is provided, the Company shall have the option to continue offering the camper or trailer for rental under the same terms and conditions, subject to the new Owner's acceptance of the Company's policies.
7. DEPOSITS AND FEES:
7.1. The Company will collect and hold a security deposit in escrow for the duration of the rental period. This deposit is payable 48 (forty-eight) hours prior to the rental date on behalf of the Owner. For the purpose of securing the camper, the deposit amounts are as follows:
7.1.1. R 5 000.00 (five thousand rand) for local trips and R 10 000.00 (ten thousand rand) for cross-border trips.
7.1.2. The deposit will be retained by the Company until any damages incurred during the rental period are fully paid.
7.2. In the event of an insurance claim exceeding R 10,000.00 (ten thousand rand), an “excess” amount will be due and payable by the member. This excess will be the greater of either the deposit amount or 10% (ten percent) of the total claim amount.
7.3. Owners are entitled to request payment of the security deposit within 5 (five) to 7 (seven) working days after the completion of the rental period. This period may be extended during peak seasons such as long weekends and school holidays.
7.3.1. Owners must submit departure and return forms to the Company along with their request for reimbursement.
7.3.2. The Company will review the reimbursement request and release the amount to the Owner within 72 (seventy-two) hours of approval by the Company.
7.3.3. The Company may request additional information from either rental party prior to approving the reimbursement request.
7.3.4. If the Company determines that you, as a Renter, are responsible for damages, the deposit will be held until all damages are paid.
7.4. Should a dispute arise between the Renter and the Owner, the Company will act as a neutral third party and use commercial standards to resolve the issue. The Company will have the final authority on all security deposit disputes.
7.5. In consideration for your access to and use of the Services, you agree to pay the fees, charges, and other amounts as set forth herein or as charged by the Company from time to time, as detailed on the website or within the Services.
7.5.1. Payments for Services will be processed via Payfast or EFT directly to the Company. The Company reserves the right to increase fees at the end of each term without notice. Except as otherwise provided, service fees are non-refundable.
7.5.2. In the event of non-payment or late payment, the Company reserves the right to suspend services until the amount due is fully paid. Unpaid amounts are subject to interest as determined by the Prescribed Rate of Interest Act.
7.5.3. You agree and understand that the Company, without limiting any other rights or remedies available to the Company contained herein or any under applicable law, the Company may, in its absolute and sole discretion remove or delete any of your Member Content or other data that may be stored or maintained by you on the Services.
7.5.4. Removal of Member Content or data does not relieve you of your obligation to pay any outstanding amounts. The Company is not obligated to restore any removed Member Content or data for defaulting Members.
7.6. You agree and understand that the Company charges a Service Fee, which is due and payable by the member booking a camper via the website. This fee covers the use of the Website and services and is calculated as a percentage of the total reservation amount, which may include additional fees, taxes, and deposits.
7.7. The Service Fee is displayed at the time of booking and is refundable only in the event of a cancellation.
7.8. If a Renter initiates a chargeback, whether for rental fees or a security deposit, the Company will promptly notify the Owner of the chargeback initiation.
7.8.1. If the Company deems a chargeback unwarranted, it will make commercially reasonable efforts to dispute the chargeback on the Owner’s behalf. The Owner agrees to co-operate fully and provide any necessary information.
7.8.2. If a chargeback dispute results in funds being debited from the Company's account, the Owner authorizes the Company to recapture the amount from the Owner’s bank account or to withhold the amount from future payments, without prior notice.
7.8.3. The Owner acknowledges that chargeback decisions are made solely by the issuing bank, card networks, or NCR, and are subject to their discretion.
7.9. The fees listed below are related to any post-rental resolution between the Owner and the Renter. Failure to charge any of the fees below shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.
7.9.1. Administrative Fee - Charged to the Renter for any charges listed by the Owner on the Return form (e.g., overages, damages).
7.9.2. Late Fee - Charged if the Renter returns the camper after the agreed rental period end time. This fee combines an administrative fee with the prorated hourly rental rate. There is a 1 (one) hour grace period. If the late return disrupts another rental, the Renter will be charged the full daily rate for each 8 (eight) hour period of lateness.
7.9.3. Cleaning Fee - Charged if the camper is returned excessively dirty. Normal dirt is acceptable, but excessive dirt, garbage, or stains may incur an additional fee, which varies by Owner.
7.9.4. No-Show Fee - Charged if the Owner does not meet the Renter at the agreed start date. If the Renter cancels due to the Owner’s no-show, the Renter will be charged for the rental period until the issue is resolved. If the Renter does not show up, it will be treated as a Renter cancellation and subject to the Owner’s cancellation policy.
7.9.5. Refuelling Fee - Renters should check with the Owner to discuss their fuel options and miscellaneous charges before the rental begins. The camper’s petrol tank and LPG tanks should be full when you pick it up, but be sure to discuss expectations and options. Renters must return the camper with the same amount of fuel as at pickup. If not, the Owner will send a receipt for refuelling costs plus an administrative fee.
7.9.6. Camper Damage - A R 5 000.00 (five thousand rand) fee will be charged for stranding the camper, in addition to repair costs. Damage costs include parts and labour, plus an administrative fee. In the event of any damage incurred to the camper (fiberglass, cushions, cabinetry, electronics, etc.), the Renter will be charged the actual cost of parts plus hourly labour costs needed to repair the damaged item and/or part. The amount will be charged to the Renter plus an administrative fee.
7.9.7. Lost Item Fee - Any lost or damaged items will be valued at internet retail pricing for comparable items. The amount must be claimed on the Damage Form and will be charged to the Renter plus an administrative fee.
7.9.8. Breakage Fee - In the event of any damages incurred to the camper during the rental period, the Renter agrees to a deduction of R 250.00 from the deposit for repairs deemed necessary by the Company.
7.10 The Deposit is required to cover potential insurance excess fees associated with the rental. It serves as security for claims arising from damages or third-party liabilities. If a claim exceeds the Deposit, the Renter is liable for the excess amount or 10% of the claim amount, whichever is greater. The excess fee will be deducted from the Deposit, with any remaining balance refunded after claim resolution. Failure to pay the excess fee may result in legal action and additional charges as outlined in the terms and conditions.
8. FINANCIAL ERROR MANAGEMENT:
In the event of a financial error related to payments or refunds processed by the Company, the following provisions shall apply:
8.1. The Company shall promptly notify the affected parties of the identified financial error upon discovery.
8.2. The Company shall investigate the error and make reasonable efforts to rectify it within a reasonable timeframe. This may include:
8.2.1. Adjusting future payments or refunds to account for the error;
8.2.2. Communicating with the affected parties regarding the resolution of the error.
8.3. The Company shall not be liable for any indirect, incidental, or consequential damages resulting from a financial error, including but not limited to loss of income, business interruption, or emotional distress. The Company's liability in relation to any financial error shall be limited to the amount directly affected by the error.
8.4. The Owner and the Renter agree to indemnify and hold the Company harmless from any claims, damages, or losses arising out of or in connection with a financial error, including claims by third parties, provided that such claims are not due to the gross negligence or wilful misconduct of the Company.
8.5. Any decisions made by the Company regarding the correction of financial errors shall be final and binding on all parties involved.
9. LIMITATION OF LIABILITY:
9.1. Members must take necessary precautions to protect life and property in connection with the Services. Members indemnify and hold harmless the Company, its associated companies, customers, agents, representatives, and employees from all liabilities, losses, claims, and demands, including legal fees, arising out of or related to criminal conduct, wilful misconduct, or negligence by any member.
9.2. Members agree to indemnify and hold harmless the Company, its directors, officers, employees, and representatives from all liability for losses or claims arising from these Terms and Conditions.
9.3. The Company disclaims any liability for the content of any data transferred to or from any member or other users of the Services. No oral or written advice from any related person creates a warranty, and members or users may not rely on such information or advice.
9.4. You explicitly acknowledge and agree that, to the maximum extent permitted by South African law, the entire risk from your access to and use of the website and Services rests solely with you. You are responsible for all communications and interactions with other members and any outcomes from using the website or Services. The Company does not verify member statements or inspect campers and makes no warranties regarding member conduct or the safety of campers.
9.5. Property owners listing campers on the Company’s platform must ensure their campers do not present hazards to the public. Owners are responsible for taking reasonable steps to ensure camper safety, including ensuring roadworthiness and compliance with South African law. Owners assume the responsibility for mitigating risks, including but not limited to illness, bodily injury, disability, or death, arising from the use of their campers.
9.6. In strict accordance with South African law, neither party, under any circumstances, shall be liable to the other party or any other person for any lost profits or revenues, loss of use, loss of data, or costs of procurement of substitute goods, licenses, or services, or similar economic loss. This limitation also covers punitive, indirect, special, incidental, consequential, or analogous damages of any nature, whether foreseeable or not, under any warranty or other right hereunder, arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party.
9.7. In the event that you have a dispute with one or more of the other members (including, without limitation, any dispute between users regarding any transaction or user-contributed content) or any third-party provider or any third-party website that may be linked to or from or otherwise interact with the website, including without limitation any social media site, you hereby agree to release, remise and forever discharge the company and its parent, subsidiaries, and affiliates companies, and each of their respective officers, directors, employees, shareholders, attorneys, and agents (collectively, the “kampi group”) from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the site.
9.8. You hereby agree to indemnify and hold each member of the Company harmless from and against any and all liability and costs incurred by the Company in connection with any claim arising out of your use of the website or otherwise relating to the business we conduct on the website (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any tool or service provided by a third party provider, any use of a tool or service offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys’ fees and costs. you shall cooperate as fully as reasonably required in the defense of any claim.
10. DISCLAIMERS:
10.1. The website and services may experience limitations, delays, and issues inherent in internet, mobile device, and electronic communication usage. The Company is not liable for any delays, delivery failures, or damages resulting from such issues.
10.2. Services provided under this agreement are offered on an “as-available” basis. The Company does not guarantee that services will be uninterrupted, error-free, or fully secure, nor does it guarantee the results from using the services, purchasing a listing, or renting a camper. Third-party products or services provided to members are offered “as is” without any conditions or warranties. The Company explicitly disclaims any express or implied warranties, including but not limited to non-infringement, merchantability, fitness for a particular purpose, or accuracy.
10.3. You agree to indemnify and hold harmless the Company and its affiliates, officers, employees, agents, and successors from all claims, liabilities, damages, losses, or expenses (including legal fees) arising from incidents during the rental period related to the expired license disk of the towing vehicle. Any risks or consequences associated with an expired license disk during the rental period are the Renter's sole responsibility. If the Renter fails to disclose that the towing vehicle’s license disk has expired, the decision to proceed with the rental under these conditions lies solely with the Renter. If the towing vehicle's license disk is expired, the camper will not be allowed to be towed.
10.4. If the license disk of the camper being rented is expired, the rental will not be permitted. Should the camper be rented despite the expired license disk, all associated risks or consequences will be the sole responsibility of the Owner.
11. INSURANCE:
11.1. Members are solely responsible for obtaining sufficient insurance coverage to protect their campers, guests, or trips, as applicable. Owners agree that they have, or will obtain, appropriate insurance coverage before listing their campers for rent on the website. This insurance must be adequate to cover the rental of the camper and must be maintained for as long as the camper is listed for rent. Owners also agree to provide the Company with proof of coverage upon request. We strongly recommend reviewing our insurance policy[DL1] .
11.2. Completed Departure and Return forms, provided by the Company, must be submitted in the event of a claim. These forms must be dated by the Owner no later than 72 hours after the end of the rental term in which the loss occurred. Failure to complete and submit the forms within this 72-hour window may result in forfeiture of any potential claims.
11.3. If you choose not to purchase camper rental insurance through The Policy[DL2] , it is the Owner’s sole responsibility to ensure that Renters have obtained and secured appropriate insurance coverage for the rental period. Additionally, Owners must verify that the insurance policy obtained by the Renter complies with all applicable laws and regulation.
12. DAMAGE TO CAMPERS:
12.1. The Renter is solely responsible for the condition of the Camper during the rental period, which includes both the full interior and all parts of the exterior of the Camper. This responsibility extends to the condition in which the Camper is returned to the Owner. The Renter will be held liable for any and all damages that occur during the rental period, as well as any damage that cannot be proven to have existed prior to the rental period. All Members agree to cooperate with the Company in settling security deposit claims and resolving disputes.
12.2. By agreeing to these terms and conditions, the Renter accepts full responsibility for any infringement fines incurred during the rental period related to the Camper, as well as any damage to the Camper’s tyres. The Renter acknowledges that they will be liable for the full cost of any infringement fines and tyre damage repairs incurred during the rental period.
12.3. Renters must report any damage to the camper or trailer during the rental period within 24 (twenty-four) hours of occurrence by submitting clear, dated photographs of the damage via the relevant channels on the Kampi platform. Failure to report damage within this timeframe may result in the Renter being held liable for repair or replacement costs.
13. LIABILITY FOR DAMAGE NOT COVERED BY INSURANCE:
13.1 The Owner is responsible for ensuring that the Camper is insured for the rental period. However, if the insurance coverage is insufficient or if the insurance claim does not fully pay out or adequately cover damages incurred to the Camper during the rental period, the Renter shall be liable for the full cost of repairs or replacement necessary to restore the Camper to its pre-rental condition.
13.2 The Renter acknowledges and agrees that they are solely responsible for any damages to the Camper that exceed the coverage limits of the insurance policy obtained for the rental period.
13.3 The Renter agrees to indemnify and hold the Owner harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses arising from or related to damages to the Camper that are not covered by insurance.
14. PERMITTED AND PROHIBITED CONDUCT:
14.1. In connection with your use of the website and Services, you agree that you will not:
14.1.1. use the Website or Services for any commercial purposes not expressly permitted by these Terms;
14.1.2. register more than one Account or register on behalf of another individual or entity;
14.1.3. use the Services to identify an Owner, then complete a booking or transaction outside the Services to avoid paying fees related to the Company’s Services;
14.1.4. post any Review or upload any content (including member Content) that is offensive, contains nudity or inappropriate language, contains racial or religious discrimination, or defames another member, Profile, or Listing;
14.1.5. submit any false or misleading information;
14.1.6. as an Owner, offer any Camper that you do not intend to honour or cannot provide;
14.1.7. as a Renter, make offers or Bookings that you do not intend to honour;
14.1.8. copy, store, or otherwise access any information on the website or Services or content for purposes not expressly permitted by these Terms;
14.1.9. infringe on the rights of any person or entity, including intellectual property, privacy, publicity, or contractual rights;
14.1.10. use the website or Services to transmit, distribute, post, or submit any information about any other person or entity, including photographs without their permission, personal contact information, or credit/debit account numbers;
14.1.11. stalk harass, or collect or store any personally identifiable information about any other member or user, except for the purpose of transacting as a member on the website;
14.1.12. use, display, mirror, or frame the website or any individual element within the Site, Services, the Company’s name, trademark, logo, or other Intellectual Property, information, or the layout and design of any page or form without the Company’s express written consent; or
14.1.13. advocate, encourage, or assist any third party in engaging in any of the above conduct.
14.2. With respect to other members’ personal information that you obtain directly or indirectly through the website, Services, or transactions, you are granted a limited license to use such information solely for:
14.2.1. Website-related communications that are not unsolicited commercial messages;
14.2.2. Using Services offered through the website; and
14.2.3. Inquiring about or facilitating a financial transaction between you and the other member related to the purpose of the website. Any other use will require express permission from the member. You may not use any such information for any unlawful purpose or with any unlawful intent.
14.3. We do not tolerate spam or unsolicited commercial electronic communications of any kind. You are not licensed to add a member, including those who have rented a Camper from you or to you, to your mailing list (e-mail or physical mail) without their express consent. You may not use any tool or service on the website to send spam or unsolicited commercial electronic communications or otherwise violate this Agreement.
15. OWNERSHIP AND COPYRIGHT:
15.1. The contents of the Website, including but not limited to material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks (“Website Content”) are protected by copyright, trademark, and other laws. The Website Content is the property of the Company, its advertisers, sponsors, or is licensed to the Company.
15.2. Members are granted a limited, revocable, non-exclusive license to access the Website and Services solely for the purpose of listing a camper, searching for a camper, purchasing or researching products or services offered on the Website, or for other purposes clearly stated on the Website, in accordance with this Agreement. Any use of the Website that does not align with these purposes, or as otherwise authorized by us in writing, is expressly prohibited.
15.3. Unauthorized uses of the website also include, without limitation, those listed below. You agree not to engage in any of the following activities unless specifically authorized by us in writing:
15.3.1. Engage in any commercial use of the Website or its content, except for Members in good standing;
15.3.2. Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Website Content in any form;
15.3.3. Reproduce any portion of the Website on your own website or elsewhere, including using frames, borders, or other techniques to enclose any part of the Website, or mirror any portion of the Website;
15.3.4. Deep-link to any part of the Website without our express written permission;
15.3.5. Modify, translate into any language or computer language, or create derivative works from any content on the Website;
15.3.6. Reverse engineer any part of the Website;
15.3.7. Sell, offer for sale, transfer, or license any portion of the Website to third parties;
15.3.8. Use the Website's inquiry or booking functionality for any purpose other than to advertise or research campers, make legitimate inquiries, or any other use expressly authorized on the Website;
15.3.9. Use the Website to post or transmit information that is false, fraudulent, or misleading, including making reservations or inquiries under false pretenses or engaging in activities that could be considered phishing, or that may result in criminal or civil liability;
15.3.10. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material;
15.3.11. Violate, plagiarize, or infringe upon the rights of the Company or third parties, including copyright, trademark, patent, trade secrets, rights of publicity or privacy, or any other intellectual or proprietary rights;
15.3.12. Use or access the Website in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Website or any other system used by the Company or the Website;
15.3.13. Members may not list stolen and/or borrowed campers on the Website;
15.3.14. Any unauthorized use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in these Terms and Conditions or otherwise provided for by law.
16. ARBITRATION AND DISPUTE RESOLUTION:
16.1. Should any dispute arise between the Parties under this Agreement, including disputes concerning the validity, implementation, execution, interpretation, rectification, termination, or cancellation, the Parties agree to exert their best efforts to resolve such dispute through amicable mediation.
16.2. Should any dispute remain unresolved through mediation, the Parties shall submit the dispute to arbitration in accordance with the rules of the Conduct of Arbitrations of the Association of Arbitrators (Southern Africa). The arbitration shall be held in Pretoria and will be conducted in English.
16.3. The arbitration shall commence as soon as practically possible and shall not be unreasonably delayed by either Party or their legal representatives.
16.4. The Parties irrevocably agree that the decision rendered in the arbitration proceedings shall be final and binding. This decision shall be carried into effect and may be made an order of a court with competent jurisdiction. This clause is severable from the rest of the contract and shall remain effective even if the contract is terminated.
17. TERMINATION:
17.1. If, in the Company’s sole discretion, any Member submits unsuitable material to our website or database, fails to comply with local regulations, misuses the website or our systems, or materially breaches this Agreement, the Company reserves the right to limit the Member’s use of the website, affect the Member’s Listing(s) search position, and/or terminate the Member’s Listing immediately without refund.
17.2. In addition, if the Company receives one or more complaints regarding a Member’s Listing or rental practices that, in its sole discretion, justify immediate removal, the Company may terminate the Member’s Listing(s) without notice and without refund. The Company assumes no duty to investigate such complaints. Additionally, if any Member is abusive or offensive to any Company employee or representative, the Company reserves the right to terminate the Member’s Listing(s) or subscription(s) immediately without refund. Beyond termination, the Company reserves the right to respond to violations of this Agreement or misuse of the website by actions including, but not limited to, hiding a Listing from search results or removing/changing information deemed false or misleading.
17.3. You acknowledge that monetary damages may not provide a sufficient remedy for your violation of this Agreement. Therefore, you consent to the Company obtaining injunctive or other equitable relief for such violations. The Company may also release Member Content and other information about you if required by law, subpoena, or if deemed necessary to address unlawful or harmful activity. The Company is not obligated to provide any refund if you are terminated as a Member or user of the Services due to a violation of this Agreement.
17.4. A Member or other User of the website or Services may terminate this Agreement with the Company at any time by providing written notice of their intent to cancel. The Company may terminate this Agreement at any time and for any reason, without notice to a Member or other User. Upon termination, the provisions of this Agreement that reasonably should survive will remain in effect.
18. GENERAL PROVISIONS:
18.1. Non-Discrimination:
Kampi is committed to providing a camper rental experience based on inclusiveness, safety, and respect. Our services are available to renters and owners without discrimination based on race, color, ethnicity, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation, or marital status. All users are expected to demonstrate respect and tolerance in all interactions related to the advertisement and rental of listed campers. The Company reserves the right to remove any user who fails to adhere to these principles.
18.2. No Partnership:
This Agreement does not create a principal-agent, master-servant, partnership, or joint venture relationship between you and the Company. Neither party has the authority, express or implied, to make contracts or enter into agreements on behalf of the other party or to bind the other party in any manner.
18.3. Revisions to Website and/or Revisions to this Agreement:
This Agreement, effective as of the date set forth above, amends any prior versions. The Company reserves the right to amend this Agreement at any time, and such amendments will be posted on the website with the indication of the last amendment date. The amendments will be effective immediately. Continued use of the website or Services constitutes acceptance of the updated Agreement. If a modification is not effective, the prior version remains in effect. The Company may review, improve, modify, or discontinue the website or Services at its discretion, with or without notice. The Company is not liable for any modifications or discontinuances.
18.4. Headings:
Headings in this Agreement are for convenience only and do not form part of the Agreement.
18.5. Entire Agreement:
This Agreement, including any incorporated documents, supersedes all prior discussions and agreements regarding the subject matter. It constitutes the sole agreement between the parties concerning the subject matter. In the event of a conflict between this Agreement and any other communication, this Agreement will control. Additional terms must be approved in writing by authorized representatives of both parties. Conflicts with specific terms for particular areas of the Services will be resolved in favour of those terms.
18.6. Severability:
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
18.7. Notices:
For notices that are directed to you as part of the Company’s general Member or User base, the Company may give notice by means of any of the following:
18.7.1. Posting a general notice on the Services;
18.7.2. Sending electronic mail to your e-mail address on record; or
18.7.3. Sending a written communication via first-class mail or pre-paid post to the address on record.
18.8. Notices specific to you under this Agreement will be:
18.8.1. Sent via electronic mail to the e-mail address on record; or
18.8.2. Sent via written communication via first-class mail or pre-paid post to the address on record.
18.9. Waiver:
Failure or delay in exercising any right under this Agreement does not constitute a waiver. No single or partial exercise of any right precludes further exercises or the exercise of any other right. Waivers must be express and do not apply to subsequent breaches.
18.10. Assignment and/or Successors:
You may not assign, delegate, or transfer this Agreement or any rights or obligations without prior written consent from the Company. Any unauthorized assignment is null and void. The Company may assign its rights and obligations and engage subcontractors without your consent. This Agreement binds and benefits the parties and their successors and permitted assigns.
18.11. Limitation of Actions:
No action, regardless of form, arising by reason of or in connection with this Agreement, the Company, its website, or the Services may be brought by either you more than 2 (two) years after the cause of action has arisen.
18.12. Copyright Policy and/or Notice of Infringement:
The website and Services are protected by copyright laws. Unauthorized use, reproduction, modification, or distribution of any part of the Website or Content is prohibited. Members must ensure that submitted content does not infringe on copyrights or other rights. Upon proper notice and confirmation of infringement, the Company may terminate the infringing User’s access. The Company may also terminate access if it believes infringement has occurred.
18.13. Links:
The Services or the website may automatically produce search results that reference or link to third-party sites throughout the global Internet. The company has no control over these sites or the content within them. The company cannot guarantee, represent, or warrant that the content contained in the sites is accurate, legal, and/or inoffensive. The company does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the website or the Services to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the website or the Services to obtain search results or to link to another site. If you have a problem with a link from the website or the Services, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.
18.14. Feedback:
We love to hear what you have to say about Company, the website, or the Services, whether good or bad, and encourage, all Members and other Users to provide feedback, comments, and suggestions (collectively, “Feedback”) to us at any time. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At the Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
18.15 Protection of Personal Information
18.15.1 Compliance with POPIA:
The Company is committed to complying with the Protection of Personal Information Act (POPIA) and any other applicable data protection laws. The Company will handle personal information in accordance with the provisions of POPIA.
18.15.2 Collection and Use of Personal Information:
The Company collects and processes personal information from users for the purposes of providing the Services, managing accounts, and facilitating transactions. Personal information collected may include, but is not limited to, names, contact details, and payment information. The Company will only use personal information for the purposes for which it was collected and in accordance with the consent provided by the user.
18.15.3 Data Protection:
The Company implements appropriate technical and organizational measures to protect personal information against unauthorized access, disclosure, alteration, and destruction. The Company takes reasonable steps to ensure that personal information is accurate, complete, and up-to-date.
18.15.4 User Rights:
Users have the right to access, correct, or request the deletion of their personal information. Requests for access, correction, or deletion should be submitted to the Company in writing, and the Company will respond to such requests in accordance with POPIA.
18.15.5 Disclosure to Third Parties:
The Company may disclose personal information to third parties only if such disclosure is necessary for the performance of the Services or as required by law. The Company will ensure that any third parties receiving personal information are bound by confidentiality obligations and are compliant with POPIA.
18.15.6 Retention of Personal Information:
The Company will retain personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by law. Once personal information is no longer required, it will be securely deleted or anonymized.
18.15.7 Changes to Privacy Policy:
The Company reserves the right to amend its privacy policy to comply with changes in POPIA or other applicable laws. Any changes will be communicated to users, and the updated privacy policy will be posted on the Company’s website.
18.15.8 Contact Information:
For any questions or concerns regarding the Company’s handling of personal information or compliance with POPIA, users may contact the Company telephonically on 087 265 6401 or via e-mail on [email protected].