Kampi.co.za - Terms & Privacy

Updated: 2024-04-30


KAMPI.CO.ZA - TERMS & CONDITIONS

By using or accessing KAMPI.CO.ZA or any other website operated by KAMPI.CO.ZA on which these terms and conditions are posted via a link or otherwise you acknowledge and agree that you are subject to the following terms and conditions.

KAMPI.CO.ZA offers an online platform that enables members to publish, offer, search for, and book various campers. To access and use the features offered on the KAMPI.CO.ZA platform you must register an account and keep your account information accurate. KAMPI.CO.ZA does not own, control, offer, or manage any Listings. Nor is KAMPI.CO.ZA a broker, or insurer and does not act as an agent in any capacity for any member. 

We maintain other terms and policies that supplement these Terms and Conditions such as our privacy[1]  policy, which describes our collection and use of personal data, and our insurance policy[2] , which governs our insurance options available to members by the KAMPI.CO.ZA payment entities.

Please read these Terms carefully, as they contain important conditions limiting your rights.


1.     DEFINITIONS AND INTERPRETATION:

 

1.1.        In these terms and conditions:

1.1.1.        Clause headings have been inserted for convenience only and shall not be used as an aid in its construction or interpretation.

 

1.1.2.        Unless the context clearly indicates a contrary intention, an expression which 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.        Where figures are referred to in numerals and words, then the latter shall prevail in the event of any dispute.

 

1.1.4.        Any reference to a statute, regulation, or other legislation shall be a reference to such statute, regulation, or other legislation as at the first time that the member accesses these terms and conditions and as amended or substituted from time to time.

 

1.1.5.        Where[3]  any number of days is prescribed in these terms and conditions, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday. References to “months” or “years” shall be interpreted as references to calendar months and years, respectively.

 

 

1.1.6.        The use of the words “include”, “including” and “in particular” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.

 

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 and interpreted 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 booking request being made by the renter for a camper for a prescribed duration.

 

1.2.3.        “Camper” means a recreational vehicle including, but not limited to, trailers, towable campers, vans, bakkies, caravans or any other recreational vehicle listed on the website.

 

1.2.4.        “Collective Content” means Member and Company content collectively.

 

1.2.5.        “Company” means; KAMPI ADVENTURES (PTY) LTD KAMPI TECHNOLOGIES (PTY) LTD 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 that the Company makes available through the website or Services, including any Content licensed from a third party, but excluding Member Content.

 

1.2.7.        “Listing” means a camper that is listed by an Owner as available for rent via the Services.

 

1.2.8.        “Member” means a 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 that a Member posts, uploads, publishes, submits, or transmits to be made available 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 of a camper via the Services, or a Member who uses a camper rented via the Services and is not the Owner of such camper.

 

1.2.12.     “Retail Value” means the purchase value of the camper minus the 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 a fact.

 

2.2.        Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 

2.3.        If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.

 

2.4.        The Company permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions. You must not use this Website if you do not agree to the Terms and Conditions.

 

2.5.        The Company may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further listings, book campers for rent, or use the Website in any other way.

 

2.6.        Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.



3.     COMPANY INDEPENDENCE:

3.1.        The website provides a booking platform, payment platform, searchable directory, and an online introductory platform for Renters and Owners.

 

3.2.        Each member agrees and understands that the website is an online introductory platform only, and that the responsibilities of the Company are limited to facilitating the availability of the website and services.

 

3.3.        The Company is not and does not hold itself out to be a party to any rental agreements between the camper owner and the camper renter. The Company does not endorse or hold itself out to endorse any Members. In addition, the Company is not a camper broker, agent, or insurer. The Company does not have control over the conduct of Owners and/or Renters or any others that may use the Website or Services provided by the Company. The company expressly disclaims all liability regarding the above to the maximum extent permitted by law. Accordingly, Owners and Renters are acting on their behalf and at their own risk.

 

3.4.        ANY ARRANGEMENT BETWEEN THE OWNER AND RENTER IS SOLELY BETWEEN THE RENTER AND THE OWNER. IT IS STRICTLY AND EXPRESSLY NOT PART OF THESE TERMS AND CONDITIONS WITH THE COMPANY.

 

3.5.        The Company is not an owner or operator of campers, including, but not limited to, trailers, towable, campers, vans, caravans, bakkies, or other campers. The company does not own, sell, resell, furnish, provide, rent, re-rent, manage, and/or control campers, or transportation or travel services. The company’s responsibilities are limited to facilitating the availability of the website and Services.

 

3.6.        Members agree that they are responsible for and agree to abide by all laws, rules, or regulations applicable to the listing and/or rental of a camper including but not limited to any laws, rules, regulations, or other requirements relating to permits or licensing requirements and safety compliance as applicable.

 

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 through the Company’s website and mobile applications connect Owners and Renters, so that Renters may rent an Owner’s camper for a period and for a price negotiated by and between the Owner and the Renter.

 

4.2.1.        The Owner and/or Renter may engage the Company for Services made available through the Company’s communication tools or through the “Request a Quote” platform.

 

4.2.2.        The Services are intended to be used to facilitate the rental of campers. You may search Listings as an unregistered member on the website; however, if you wish to book a camper or create a Listing, you must first register and create an account.

 

4.3.        To register as a member, you must provide a unique username and password and provide certain information and personal details to the Company. You will need to use your unique username and password to access the Website to list and/or book campers.

 

4.3.1.        To list a camper as available for rent, Owners must register as a member and open an account with the Company. You agree and understand that the camper is only insured for the retail value at the time that the camper is listed on the Company's website.

4.3.2.        In the event that the Company is listed overseas (i.e. outside of South Africa) it is an explicit term of this agreement that the Company accepts no liability for any damages to the Camper as more fully set out in clause 8 herein below. You further agree and understand that in the event that a camper is listed overseas, the listing member must have its own insurance to cover the campers rental.

4.3.3.        To rent a camper for a specified rental period, Renters must register as a member and create an account with the Company.

4.3.4.        Accounts may be created through third-party accounts such as Facebook or Google, or members have the option to create an account with a valid email address.

4.3.5.        PLEASE NOTE THAT YOUR RELATIONSHIP WITH SUCH THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

4.3.6.        The Company reserves the right to terminate (in its absolute and sole discretion) any account at any time with no notice to you.

4.3.7.        Further, the Company reserves the right to suspend or cancel your listing at any given time without any notice to you should the Company suspect, in its sole and absolute discretion, that your account is being used in an unauthorised or fraudulent manner.

4.3.8.        The Company does not currently charge fees for the creation of Listings. However, you acknowledge and agree that the Company reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services.

4.3.9.        You agree to and understand that the Company offers an integrated identity verification solution powered by third parties. Members must provide their photograph and driver’s license which is then sent to a call centre to determine if the photograph matches the holder of the driver’s license. You may be required to send more supporting documents. You agree to your photograph and form of identification being transferred, stored, and processed by the Company.

 

4.4.        You agree and warrant that your username and password shall:

 

4.4.1.        be secure and strictly confidential; and

4.4.2.        be used for personal use only; and

4.4.3.        not be disclosed by you to any third party.

 

4.5.        For security purposes you agree to enter the correct username and password whenever listing and/or booking a camper, failing which you will be 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 provided by this Agreement, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH ANY MEMBER OR OTHER PARTY THROUGH THE WEBSITE OR THE SERVICES. The Company, therefore, recommends that you always exercise due diligence and care when deciding whether to rent a camper from an Owner, or accept a booking request from a Renter, or have any other interaction with any User or other party.

 

4.6.        You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

 

4.6.1.        Further, if the Company suspects any unauthorized access to your account, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request 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.        You further agree and understand that the Company may, without notice to you, suspend, or cancel your listing or reservation at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

 

4.7.        By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

 

4.8.        You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute, or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

 

4.9.        You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

 

4.10.     The Company shall take all reasonable steps to accurately reflect the description, availability, and rental price of campers on the website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), the Company shall not be liable for any loss, claim, or expense relating to a transaction based on any error.



5.     PAYMENT & BOOKINGS:

5.1.        Each member understands and agrees that the platform is an online introductory platform only, and that the responsibilities of the Company are limited to facilitating the availability of the listings. The platform is not an endorsement of 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 expressly understand and agree that all payments and monetary transactions are handled by Payfast. You agree that the Company shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Payfast.

5.2.2.        You understand that the Payfast API is subject to change at any time. Members are expressly prohibited from processing stolen credit cards or unauthorized credit cards through Payfast.

5.2.3.        Owners collect payment for services provided via the website and hereby appoint the Company as the Owner’s limited agent solely to collect payments made by Renters purchasing such services.

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.        As mentioned above, any arrangement between the owner and the renter is solely between the owner and the renter. It is strictly and expressly not part of the member's agreement with the Company.

 

5.4.        The owner and Renter will negotiate and set all camper rental pricing between themselves. The owner is responsible for requesting 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 accept the booking within the 24 (twenty-four) hour period, any amounts collected by the Company for the requested booking may be refunded to the applicable Renter.

5.5.2.        Should the owner confirm the booking, the Company will send the renter an email, text message, or message via the website confirming such booking, depending on the selection made by the renter.

 

5.6.        A camper will only be reserved once payment has been received and/or processed through Payfast. When you make a booking, you agree to pay the cost of the camper, including any charges and taxes that may apply.

 

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 all applicable fees collected by the Company, to the applicable Owner within 1 (one) day after the beginning of the rental date.

 

5.8.        Members are solely responsible for compliance with all laws, rules, and regulations, including but not limited to tax obligations that may apply to their use of the website and Services.

 


6.     BOOKING CANCELLATION

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 it not limited to:

 

6.1        The Company may cancel bookings in the event of any 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 any other event classified as force majeure.

 

6.2        The Company reserves the right to cancel bookings if the Member fails to comply with the terms and conditions outlined herein or any additional agreements entered into with the Company.

 

6.3        The Company may cancel bookings if it reasonably determines that hosting the booking would pose a risk to the safety and security of its staff, customers, or property.

 

6.4        The Company reserves the right to cancel bookings if it becomes aware of any breach of agreement by the Member, including but not limited to providing false information, misrepresentation, or engaging in unlawful activities.

 

6.5        The Company may cancel bookings if it determines that it lacks the capacity to accommodate the booking due to unforeseen circumstances, including but not limited to overbooking or operational constraints.

 

6.6        The Company may cancel bookings if it is required to do so to comply with applicable laws, regulations, or orders issued by governmental authorities.

 

6.7        The Company reserves the right to cancel bookings if the Member fails to make the required payments in accordance with the agreed terms and conditions.

 

6.8        The Company may cancel bookings if the Member becomes insolvent, bankrupt, or enters into liquidation or administration proceedings.

 

6.9        The Company reserves the right to cancel bookings if it determines that it is necessary for operational reasons, including but not limited to renovations, repairs, or maintenance of its facilities.

 

6.10      In the event of cancellation, the Company will make reasonable efforts to notify the Member as soon as possible using the contact information provided at the time of booking.

 

6.11      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 to the extent provided for in the Company’s refund policy.

 

6.12      The decision to cancel a booking rest solely with the Company, and the Company reserves the right to exercise its discretion in accordance with the terms and conditions outlined herein.



7.     DEPOSITS AND FEES:


7.1.        You agree and understand that the Company will collect and hold in escrow for the duration of the rental period a security deposit, which is payable 48 (forty-eight) hours prior to the rental date on the Owner's behalf. Your attention is specifically directed to the insurance policy [4] which stipulates that:

 

7.1.1.        You agree and understand that for the Company to secure the camper for the rental period a deposit is payable in the amount of 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.        You further agree and understand that the deposit will be kept by the Company until damages incurred by the member during the rental period are paid in full.

 

7.2.        In the event of an insurance claim, which must exceed R 20 000.00 (twenty thousand rand) an “excess” amount will be due and payable by the member which excess shall either be the deposit amount or 10% (ten percent) of the total claim amount, whichever is greater.

 

7.3.        Owners have the right to request payment of the security deposit within 5 (five) to 7 (seven) working days after completion of the rental period. Owners further agree and understand that this period may be longer during “peak seasons” such as long weekends and short and long school holidays.

 

7.3.1.        Owners are required to submit the departure and return forms to the Company, along with their request for reimbursement.

7.3.2.        The Company will review the request for repayment and release the requested amount to the Owner within 72 (seventy-two) hours of the request being approved by the Company.

7.3.3.        The Company may also request additional information from either rental party, prior to the approval of the repayment request.

7.3.4.        If, as a Renter, the Company determines that you are responsible for damaging the camper or any personal or other property located in a camper pursuant to this Agreement, you agree and understand that the Company will hold your deposit until such time as all damages to the camper have been paid by yourself. 

 

7.4.        Should a dispute arise between the rental parties, the Company will use commercial standards and act as a neutral third party to settle any disputes. The Company will serve as 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 set forth herein or that may otherwise be charged by the Company from time to time and as set forth on the website or the Services.

 

 

7.5.1.        Payment for Services will be paid via Payfast or EFT directly to the Company. The Company reserves the right to increase fees at the end of each term without notice to members. Except as otherwise provided herein, 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 full amount due is paid in full. Unpaid amounts are subject to interest, which is determined from time to time 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 such Member Content or data does not relieve you of your obligation to pay any outstanding or default amounts. The Company will not be obligated to restore any Member Content or other data removed from the Services for Members or other users who are in default.

 

7.6.        You agree and understand that the Company charges a Service Fee which is due, owing, and payable by a member that books a camper via the website. The Service Fee covers the use of the Website as well as the services, which is calculated as a percentage of the total reservation amount (which may or may not include additional fees, taxes, and deposits).

 

7.7.        The Service Fee is displayed at the time the relevant booking is made and will only be refunded in the event of 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.        In the event the Company deems a chargeback unwarranted, the Company will make commercially reasonable efforts to dispute the validity of the chargeback on the Owner’s behalf. The Owner commits to fully cooperate with the Company and provide any information reasonably requested for the investigation.

7.8.2.        In the event that a chargeback dispute results in funds being debited from the Company's account, the Owner authorises the Company to recapture such an amount from the Owner’s bank account or to withhold such an amount from any payment due to the Owner, both immediately and in the future, without prior notice.

 

 

7.8.3.        The Owner acknowledges that chargeback decisions are solely made by the issuing bank, card networks, or NCR, and that all determinations regarding the validity of the chargeback are at the discretion of the relevant issuing bank, Card Networks, or NCR.

 

7.9.        The fees you see 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 - The Company shall charge the Renter an administrative fee on any charges listed by the Owner on the Return form (identified as overages, charges, damages).

 

7.9.2.        Late Fee - If a Renter returns the camper after the agreed rental period end time, such Renter will be charged a late fee. This late fee is calculated by combining an administrative fee with the prorated hourly rental rate (based on the daily rate for the camper rented). There is a one (1)-hour grace period with each rental. If the late return results in the disruption of another rental or the Company needs to find the owner of the camper alternative transportation due to the late return, the Renter will pay the full daily rate for every eight (8) hours the Camper is late. These charges will be added to the initial rental rate agreed upon by the Owner and Renter.

 

7.9.3.        Cleaning Fee - you understand that campers get dirty out on the road. Returning a camper with a normal amount of dirt is acceptable and will not result in any additional charges. However, if a camper is returned covered in dirt, soot, garbage, food, wine stains, etc, and you, as Renter, did not clean the camper prior to returning it, the Owner may charge the Renter, possibly through the Company, an additional cleaning fee. These fees may vary for each Owner.

 

7.9.4.        No-Show Fee - If the Owner does not show up to meet the Renter and make the camper available for the Renter at the agreed-upon rental start time, the Company will treat this as an Owner cancellation. If a Renter does contact the Company to cancel the rental, the Renter will be charged the total amount for the rental period until the issue is resolved. If the Renter does not show up to pick up the camper, 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. The Renter refuels the camper prior to the end of the rental and returns it with the same amount of fuel at the time of pickup. If the rented camper is not refuelled upon return, the Owner will send the Company the receipt. The amount will be charged to the Renter plus an administrative fee.

 

7.9.6.        Camper Damage - A R 5 000.00 (five thousand rand) fee will be incurred for stranding a camper (in addition to any costs incurred to repair the Camper). In the case of any damage 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. 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 Campworld, 4x4 Megaworld etc. Internet retail pricing for comparable item(s). 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 as a breakage fee. This fee is applicable to any necessary repairs deemed by the Company.

 

7.10    The Renter acknowledges and agrees that the Deposit shall be required to cover potential insurance excess fees associated with the rental agreement with the Company. The Deposit will serve as security against any claims arising from damages to the rented property or any third-party liabilities incurred during the rental period. In the event of a claim, wherein the total amount exceeds the aforementioned Deposit, the Renter shall be liable to pay either the full amount of the claim or an excess fee equivalent to 10% of the total claim amount, whichever is greater. The excess fee shall be deducted from the Deposit, and any remaining balance shall be refunded to the Renter within a reasonable timeframe following the resolution of the claim. The Renter understands and agrees that failure to pay the required excess fee may result in legal action and additional charges, as outlined in the terms and conditions.

 

 

8.     CANCELLATIONS AND REFUNDS:

8.1.        The Renter is entitled to a full refund of monies paid, less the Companys Service Fee, for all cancellations made at least 30 (thirty) days prior to the rental start date. If a cancellation is made within the 30 (thirty) day window immediately prior to the rental start date, the booking is non-refundable.

8.2.        Any Renter who wishes to cancel their booking must submit a cancellation request through the Company's website. The cancellation request will be processed according to the Owner’s chosen cancellation policy, which the Renter previously agreed to.

 

8.3.        To qualify for any refund, cancellations must be made by 23:00 local time on the day specified in the applicable cancellation policy.

 

8.4.        For all bookings made 7 (seven) or more days prior to the rental start date, there is a 24 (twenty-four) hour grace cancellation period wherein the Renter will be entitled to a refund of all monies paid. For all bookings made less than 7 (seven) days prior to the rental start date, there is only a one (1)-hour grace cancellation period wherein the Renter will be entitled to a refund of all monies paid. Once the rental period commences, the booking becomes non-refundable.

 

8.5.        The Company retains the sole discretion to consider exceptional refund requests outside of the standard cancellation policy. Any such decisions will be at the Company’s discretion and are final.

 

8.6.        Each Owner agrees that the Company may:

8.6.1.        permit the Renter to cancel the booking and

8.6.2.        refund to the Renter that portion of the payment specified in the applicable cancellation policy.

 

8.7.        If there is a dispute concerning the cancellation policy or any refunds, the Company must be contacted at least 24 (twenty-four) hours before the rental start date. In accepting an appointment as the limited payment collection agent of the Owner, the Company assumes no liability for any acts or omissions of the Owner. The Owner understands and recognizes the Company as the limited payment collection agent and agrees that the Company controls the dispersal of all funds in accordance with this Agreement and the cancellation policy chosen by the Owner and that the Company has the final say in all payment disputes. In accepting an appointment as the limited payment collection agent of the Owner, the Company assumes no liability for any acts or omissions of the Owner.

 

9.     LIMITATION OF LIABILITY:

9.1.        Members shall take all precautions necessary for the protection of life and property in connection with the Services. Members hereby indemnify the Company and its associated companies, its customers, agents, representatives, and employees from and against all liabilities, losses, claims, and demands, including legal fees and expenses to the extent that such bodily injuries, property damage, losses or other damages arising out of or related to criminal conduct, wilful misconduct or negligence of any member.

 

9.2.        Members hereby indemnify and undertake to hold harmless the Company, its directors, officers, employees, and representatives from all or any liability for losses or claims arising out of this agreement.

 

9.3.        The Company disclaims any liability for the content of any data transferred to or from any member or other members of the Services. No oral advice or written information provided by any related person shall create a warranty, and users may not rely on any such information or advice.

 

9.4.        You explicitly acknowledge and agree that, to the maximum extent permitted by South African law, the entire risk arising from your access to and use of the website and Services lies solely with you. You bear sole responsibility for all your communications and interactions with other members and as a result of your use of the website or Services, including but not limited to Owners or Renters. You comprehend and accept that the Company refrains from verifying the statements of members or other users of the website or the Services, and does not undertake inspections or visits of any campers. The Company provides no representations or warranties regarding the conduct of members using the website or services.

 

9.5.        It is incumbent upon all property-owners listing their campers with the Company to ensure that their campers do not present undue hazards for the public who enter and use the premises. This duty of care is especially significant for property designed for use by the public. Owners are obliged to take reasonable steps to ensure the safety of the public.

 

9.5.1.        Recognizing that campers listed on the Company's platform are akin to public spaces, Owners are obligated to take reasonable measures to ensure the safety of Renters and any other users of their campers, in 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. This duty includes ensuring that campers are roadworthy and safe for use.

 

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 the services may be subject to limitations, delays, and other problems inherent in the use of the internet, mobile devices, and electronic communications. The Company is not responsible for any delays, delivery failures, or other damages resulting from such problems.

 

10.2.     The services provided under this agreement are provided on an as-available basis. The company does not make any warranties that the services will be uninterrupted, error-free, or completely secure; nor does it make any warranties as to the results that may be obtained by using the services, purchasing a listing, or renting a Camper. Without limiting the foregoing, any third-party product or service provided to members hereunder is provided "as is" without any condition or warranty whatsoever. further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, or accuracy.

 

10.3.     You agree to indemnify and hold harmless Kampi and its affiliates, officers, employees, agents, and successors from any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising from incidents during the rental period due to the expired license disk of the towing vehicle. It is emphasized that any risks or consequences associated with the expired license disk of the towing vehicle during the rental period are the sole responsibility of the Renter. Should the Renter fail to disclose that the towing vehicle’s license disk has expired, then the decision to proceed with the rental under these circumstances rests solely with the Renter. Additionally, should the license disk of the towing vehicle be expired, the camper being rented will not be allowed to be towed.

 

10.4.     In the event that the license disk of the camper being rented is expired, the rental of said camper will not be permitted. Should the camper be rented despite its expired license disk, the liability for any associated risks or consequences shall vest solely with the Owner.

 

11.  INSURANCE:

11.1.     Members are solely responsible for obtaining insurance coverage sufficient to protect their campers, guests, or trip, as applicable. Owners agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the camper before listing the camper for rent on the website and will maintain adequate insurance coverage for so long as they list campers for rent on the website. Further, Owners agree to provide the Company with copies of relevant proof of coverage upon request. We urge you to review our insurance policy[5] .

 

11.2.     Completed Departure and Return forms, supplied by the Company, must be submitted in the event a claim is filed. The Departure and Return Forms must be dated by the owner no later than 72 hours after the end of the term in which the loss occurred. However, in the event that the owner does not complete the Departure and Return forms, as supplied by the Company, within 72 hours after the end of the term in which the loss occurred, then any damages paid out of.


11.3.     If you do not choose to purchase camper rental insurance made available via The Policy, then it is the sole responsibility of Owners to ensure that Renters have obtained and secured the proper insurance coverage for the rental period. Additionally, it is the sole responsibility of the Owners to check the insurance policy of the camper Renter to make sure that the policy obtained is compliant with the applicable laws and regulations.

 


12.  DAMAGE TO CAMPERS:

12.1.     The Renter will be solely responsible for the condition of the Camper which includes both the full interior of the Camper and any and all parts of the exterior of the Camper during the rental period and the condition that the Camper is returned to the Owner. Renters (and not the Company) will be held liable for any and all damages to the Camper that occur during the rental period. Further, Renters will be held liable for any damage that cannot be proven to have existed prior to the rental period. All Members agree to assist the Company in the settlement of security deposit claims and dispute resolution.

12.2.     By agreeing to these terms and conditions, the Renter assumes full responsibility for any fines incurred during the rental period for 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 fines and tyre damage repairs incurred during the rental period.



13.  PERMITTED AND PROHIBITED CONDUCT:

13.1.     In connection with the member's use of the website and Services, members may not and agree that they will not:

 

13.1.1.     use the Website or Services for any commercial or other purposes that are not expressly permitted by these Terms;

13.1.2.     register more than one Account or register for an Account on behalf of another individual and/or entity;

13.1.3.     use the Services to find an Owner and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to the Company's provision of the Services;

13.1.4.     post any Review or upload any content (including but not limited to member Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination, or defames another member, Profile or Listing;

13.1.5.     submit any false or misleading information;

13.1.6.     as an Owner, offer any camper that it does not intend to honour or cannot provide;

13.1.7.     as a renter, make any offers or Bookings to the Owner that it does not intend to honour;

13.1.8.     copy, store, or otherwise access any information contained on the website and Services or content for purposes not expressly permitted by these Terms;

13.1.9.     infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;

13.1.10.  use the website or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

13.1.11.  stalk or harass any other member of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a member on the website;

13.1.12.  use, display, mirror or frame the website, or any individual element within the Site, Services, the Company's name, the company's trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without the Company's express written consent; or

13.1.13.  advocate, encourage, or assist any third party in doing any of the foregoing.

 

13.2.     You agree that, with respect to other members personal information that you obtain directly or indirectly from or through the website or through any Services, transaction or software, we have granted to you a licence to use such information only for:

 

13.2.1.     website-related communications that are not unsolicited commercial messages,

13.2.2.     using Services offered through the website, and

13.2.3.     inquiring about or otherwise facilitating a financial transaction between you and the other member related to the purpose of the website. Any other purpose will require express permission from the member. You may not use any such information for any unlawful purpose or with any unlawful intent.

 

13.3.     We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a member, including members who have rented a camper from you or to you, to your mailing list (email or physical mail) without the members’ express consent. You may not use any tool or service on the website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate this Agreement.

 


14.  OWNERSHIP AND COPYRIGHT:

14.1.     The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of the Company, its advertisers and/or sponsors, and/or is licensed to the Company.

 

14.2.     Members are granted a limited, revocable non-exclusive licence to access the website and the Services solely for the purpose of listing a camper, searching for a camper, purchasing, or researching (for the purpose of inquiring about purchasing) any of the products or services offered on the website, or for any other purpose clearly stated on the website, all in accordance with this Agreement. Any use of the website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorised by us in writing is expressly prohibited.

 

14.3.     Unauthorised uses of the website also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:

 

14.3.1.     Any commercial use of the website or any content on the website, other than Members in good standing;

14.3.2.     Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Collective Content in any form whatsoever;

14.3.3.     Reproduce any portion of the website on your website or otherwise, using any device including, but not limited to, the use of a frame or border around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;

14.3.4.     Deep-link to any portion of the website without our express written permission;

14.3.5.     Modify, translate into any language or computer language or create derivative works from, any content or any part of the website;

14.3.6.     Reverse engineer any part of the website;

14.3.7.     Sell, offer for sale, transfer or licence any portion of the website in any form to any third parties;

14.3.8.     Use the website and its inquiry or booking functionality other than to advertise and/or research campers, to make legitimate inquiries, or any other use expressly authorised on the website;

14.3.9.     Use the website to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;

14.3.10.  Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

14.3.11.  Violate, plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or

14.3.12.  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 us or the website.

14.3.13. MEMBERS MAY NOT LIST STOLEN AND/OR BORROWED CAMPERS ON THE WEBSITE.

14.3.14.  Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.

 


15.  ARBITRATION AND DISPUTE RESOLUTION:

15.1.     Should any dispute arise between the Parties pursuant to this Agreement, including in respect of the validity, implementation, execution, interpretation, rectification, termination, or cancellation, the Parties hereby agree and undertake to apply their respective best endeavours to resolve such dispute through amicable mediation.

 

15.2.     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 shall be conducted in the English Language.

 

15.3.     The arbitration shall be held immediately/ as soon as practically possible and not be unreasonably delayed by either Party or its legal representatives.

 

15.4.     The Parties irrevocably agree that the decision in those arbitration proceedings shall be final and binding on them, shall be carried into effect, and may be made an order of the Court of competent jurisdiction. This clause is severable from the rest of this contract and shall remain in force and effective on the party’s even if the contract is terminated.

 


16.  TERMINATION:

16.1.     If, in the Companys’ sole discretion, any Member submits unsuitable material to our website or into our database, is not abiding by local regulations, misuses the website or our Systems or is in material breach of this Agreement, we reserve the right to limit the Member’s use of the website, impact the Member’s Listing(s) search position, and/or terminate such Member’s Listing immediately without refund.

 

16.2.     In addition, if we become aware of or receive a complaint or a series of complaints from any member or other third party regarding a Member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Member’s Listing from the website, then we may immediately terminate such Member’s Listing(s) without notice to the Member and without refund. We assume no duty to investigate complaints. Finally, if any Member is abusive or offensive to any employee or representative of the Company, we reserve the right to terminate such Member’s Listing(s) or subscription(s) immediately without refund. In addition to reserving the right to terminate any Listing, the Company reserves all rights to respond to any violation of this Agreement or misuse of the website by, including, but not limited to, hiding a Listing from the search results and removing or changing information that may be false or misleading.

 

16.3.     You agree that monetary damages may not provide a sufficient remedy to the Company for your violation of this Agreement and you consent to the Company obtaining injunctive or other equitable relief for such violations. Company may release Member Content and other information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Company is not required to provide any refund to you if you are terminated as a Member or user of the Services because you violated this Agreement.

 

16.4.     A Member or other User of the website or Services may terminate this Agreement with Company at any time with written notice of such party’s intent to cancel. Company may terminate this Agreement at any time for any reason, with no notice to a Member or other User of the website or Services. If you or we terminate this Agreement, the clauses of this Agreement that reasonably should survive termination of the Agreement will remain in effect.

 


17.  GENERAL PROVISIONS:

17.1.     Non-discrimination. At Kampi we are committed to providing a camper rental experience built on a foundation of inclusiveness, safety and respect. Our services are available to renters and owners without regard to race, colour, ethnicity, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation or marital status. We expect all users to demonstrate respect and tolerance in all interactions when it comes to the advertisement and rental of a listed camper, and we reserve the right to remove any user from the camper community who fails to abide by these principles.

 

17.2.     No Partnership. Nothing contained in this Agreement places you and Company in the relationship of principal and agent, master and servant, partners, or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

 

17.3.     Revisions to Website; Revisions to this Agreement. This version of the Agreement became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part, at any time. Notification of any amendment will be posted on the website by the indication of the last amendment date at the top of this Agreement and will be effective immediately. When you log in or otherwise continue to use the website or the Services, you will be using the website and the Services subject to this Agreement (as updated). Should any modification or amendment to this Agreement not be effective, for whatever reason, the prior version of this Agreement shall remain in effect between you and the Company and shall be controlling. Company reserves the right in its sole discretion to review, improve, modify, terminate, or discontinue, temporarily or permanently, the website, the Services or any content or information available thereon with or without notice to you or any user. You agree that Company shall not be liable to you or any third party for any modification or discontinuance of the website or the Services.

 

17.4.     Headings. The headings contained herein are for convenience only and are not part of this Agreement.

 

17.5.     Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of a User or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of you and Company. Notwithstanding the foregoing, if there is a conflict between this Agreement and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

 

17.6.     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.

 

17.7.     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:

17.7.1.     a general notice on the Services;

17.7.2.     by electronic mail to your e-mail address on record in Company’s account information; or

17.7.3.     by written communication sent by first class mail or pre-paid post to your address listed in Company’s account information.

 

17.8.     All notices sent to you specifically under this Agreement (and not sent to the general customer base) shall be in writing, and may be given by means of any of the following:

17.8.1.     by electronic mail to your e-mail address on record in your account information; or

17.8.2.     by written communication sent by first class mail or pre-paid post to your address listed in your account information.

 

17.9.     Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

 

17.10.  Assignment; Successors. You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of you or any other party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

17.11.  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 two years after the cause of action has arisen.

 

17.12.  Copyright Policy; Notice of Infringement. The website and the Services are protected by copyright laws. You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without our prior written consent.

 

17.13.  We will terminate the privileges of any Member or other User who uses the website or the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, Members who submit Member Content to this Site, the website or the Services, whether articles, images, stories, software or other copyrightable material must ensure that the Member Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this website or the Services as an instrument of unlawful infringement, we will terminate the infringing User’s rights to use and/or access to the website and the Services. We may also, in our sole discretion, decide to terminate a Member or other User’s rights to use or access the website or the Services prior to that time if we believe that the alleged infringement has occurred.

 

17.14.  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.

 

17.15.  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.