These Terms and Conditions (“Terms”) govern the booking and use of vehicle parking, storage, pick-up, drop-off and related shuttle services (“Services”) offered by MAB Parking (“MAB Parking”, “we”, “us” or “our”), operating from 16A Catalina Avenue, Rhodesfield, Kempton Park, 1619, South Africa.
By booking, paying for, or using our Services, or by leaving your vehicle in our care, you (“the Customer”, “you”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 (“CPA”), the Protection of Personal Information Act 4 of 2013 (“POPIA”), and the common law of bailment (depositum), to the extent applicable.
1. Definitions
1.1 “Booking” means a confirmed reservation for parking and/or shuttle Services, made via our website, telephone, WhatsApp, email or in person.
1.2 “Vehicle” means the motor vehicle, and its contents, left in our care under a Booking.
1.3 “Rate Card” means our current published parking rates, available at www.mabparking.co.za/price-list/ and reproduced at clause 5.
1.4 “Booking Period” means the period from the agreed drop-off date and time to the agreed collection date and time.
1.5 “Business Day” means any day other than a Saturday, Sunday, or South African public holiday.
2. Our Services
2.1 We provide off-airport/off-site vehicle parking, together with a shuttle transfer service between our premises and the customer’s specified departure/arrival point (for example, OR Tambo International Airport), as agreed at the time of Booking.
2.2 The shuttle service is subject to reasonable operational scheduling. We will make reasonable efforts to collect and return customers within a reasonable time of their requested time, but we do not guarantee exact pick-up or drop-off times, and customers should allow adequate buffer time for check-in, security and boarding at their point of departure.
2.3 We reserve the right to refuse a Booking, or to decline to accept a Vehicle into our care, where the Vehicle is not roadworthy, is leaking fluids, has a known mechanical fault likely to cause damage or loss, or where the Customer cannot provide the documentation required under clause 4.
3. Bookings, Confirmation and Payment
3.1 A Booking is only confirmed once you have received written confirmation from us (by email, SMS or WhatsApp) and, where required, payment has been received in accordance with clause 3.3.
3.2 You are responsible for ensuring that all Booking details you provide (dates, times, flight number, contact details, vehicle registration and description) are accurate. We are not liable for any loss, delay or additional cost arising from inaccurate information supplied by you.
3.3 Payment terms:
(a) Full payment is due at the time of Booking, unless we expressly agree in writing to payment on drop-off or collection.
(b) We accept the payment methods indicated on our website or as agreed with you in writing at the time of Booking.
(c) Prices are quoted in South African Rand (ZAR) and are inclusive of VAT where we are a registered VAT vendor.
3.4 Rates are calculated per calendar day or part thereof, in accordance with the Rate Card at clause 5, based on the actual number of days your Vehicle is in our care, from date of drop-off to date of collection (both dates inclusive).
4. Drop-off, Documentation and Vehicle Condition
4.1 At drop-off, you must provide:
(a) your Vehicle’s registration/license disc;
(b) a valid contact number reachable for the duration of the Booking Period; and
(c) confirmation of the intended collection date, which may be amended in accordance with clause 6.
4.2 At drop-off, our staff will conduct a joint visual inspection of your Vehicle with you and record its condition (including any pre-existing damage) and approximate fuel level on a vehicle condition form or by photograph/video. You must point out any existing damage at this stage. Your signature (or electronic acknowledgement) on the vehicle condition record, or your proceeding with drop-off after a reasonable opportunity to inspect, confirms your agreement with the recorded condition.
4.3 You must remove all valuables and personal items from the Vehicle before drop-off. Clause 8.4 sets out our position on items left in the Vehicle.
4.4 You must leave us with a spare set of keys only if required for repositioning of the Vehicle within our facility; we do not require your only set of keys unless expressly agreed.
5. Rates
5.1 Our current parking rates (per period, inclusive of standard shuttle transfers unless stated otherwise) are as follows:
5.2 For Booking Periods exceeding 31 days, please contact us for a quotation.
5.3 We may amend the Rate Card from time to time. The rate applicable to your Booking is the rate published at the date your Booking is confirmed, and will not increase for the duration of that confirmed Booking Period, save as provided in clause 6.4 (extensions).
5.4 A part-day (any period of less than 24 hours) is charged as one full day.
6. Amendments, Extensions and Late Collection
6.1 You may request to amend or cancel your Booking by contacting us on the details in clause 15.
6.2 Cancellations:
(a) Cancellations made more than 24 hours before the scheduled drop-off time will be refunded in full.
(b) Cancellations made within the window in clause 6.2(a) of the scheduled drop-off time, or “no-shows,” are non-refundable, as we will have allocated capacity and shuttle resources to your Booking.
(c) Refunds, where due, will be processed within 7 Business Days to the original payment method.
6.3 If you need to collect your Vehicle earlier than the confirmed Booking Period, no refund is due for unused days, unless we are able to re-let the vacated space, in which case we will refund the difference at our discretion.
6.4 If you need to extend your Booking Period, you must notify us as soon as possible. Extensions are subject to availability and will be charged at the Rate Card rate applicable on the date of the extension request.
6.5 If you fail to collect your Vehicle by the agreed collection date and do not contact us to arrange an extension, we will attempt to contact you using the details provided at Booking. Storage fees will continue to accrue daily at the applicable Rate Card rate. If, despite reasonable attempts, we are unable to contact you and the Vehicle remains uncollected for more than 30 calendar days after the agreed collection date, we may deal with the Vehicle as an abandoned or unclaimed vehicle in accordance with applicable South African law, including any applicable municipal by-laws and, where relevant, the provisions of the National Road Traffic Act 93 of 1996 relating to abandoned vehicles. We will provide written notice to your last known address/contact details before taking such action.
7. Collection of the Vehicle
7.1 The Vehicle will only be released to the Customer, or to a person the Customer has authorised in writing (by name and ID/passport number), on presentation of:
(a) a valid form of identification matching the Booking; and
(b) the booking reference/confirmation.
7.2 At collection, a joint visual inspection will again be conducted. Any new damage identified must be raised with our staff immediately, before leaving the premises, and recorded on the vehicle condition record. Claims raised after the Customer has left our premises will be considered in accordance with clause 8, but the absence of a contemporaneous record at collection may affect our ability to verify the claim.
7.3 Outstanding fees (including for extended stays under clause 6.4) must be settled in full before the Vehicle will be released. We reserve a right of retention (a lien) over the Vehicle for any amounts lawfully due to us in respect of the Services, to the extent permitted by South African law.
8. Liability
8.1 While your Vehicle is in our care, we will take reasonable care of it, consistent with our duty as a bailee for reward under South African law, and will maintain reasonable physical security measures at our premises (including access control and, where installed, CCTV and/or lighting).
8.2 We will be liable for loss of, or damage to, your Vehicle that occurs while it is in our care, custody and control, except to the extent that such loss or damage:
(a) was caused by an event beyond our reasonable control (force majeure), including but not limited to fire, flood, storm, riot, civil unrest, load shedding, act of God, or acts of a third party for which we could not reasonably be held responsible despite taking reasonable security precautions;
(b) arises from fair wear and tear, or a mechanical or electrical fault in the Vehicle that pre-existed drop-off;
(c) was caused or contributed to by your own negligence, misrepresentation of the Vehicle’s condition, or breach of these Terms; or
(d) relates to items left in the Vehicle, as set out in clause 8.4.
8.3 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under the CPA, including liability for gross negligence, or for death or personal injury caused by our negligence or that of our employees or agents acting within the course and scope of their employment.
8.4 Personal belongings: We do not accept responsibility for cash, jewellery, electronic devices, documents or other valuables or personal belongings left in the Vehicle. You should remove all such items before drop-off. Any residual liability we may have for such items is limited to R1,000 in aggregate per Booking, save where such limitation is unlawful under the CPA.
8.5 Limitation of liability: Subject to clauses 8.3 and 8.6, our total liability to you arising out of or in connection with a Booking, whether in contract, delict or otherwise, is limited to the lower of:
(a) the reasonable cost of repairing the damage or, in the case of total loss, the fair market value of the Vehicle immediately before the loss; or
(b) R1,000,000 (one million Rand) per incident,
and, in either case, less any amount you recover from your own motor vehicle insurer.
8.6 We strongly recommend that you maintain comprehensive motor vehicle insurance covering your Vehicle for the full Booking Period, including cover while the Vehicle is parked at, or in transit to or from, our premises. Where you carry such insurance, your insurer’s cover operates independently of, and is not displaced by, this clause 8; nothing here is intended to prejudice any right of subrogation your insurer may have against us.
8.7 We are not liable for any indirect or consequential loss, including loss of profits, loss of use, or costs of alternative transport or accommodation, except where such exclusion is not permitted under the CPA.
8.8 Any claim against us must be notified to us in writing within 7 calendar days of collection of the Vehicle (or, in the case of a Vehicle not collected, within 7 days of the loss becoming known to you), failing which the claim will be deemed waived, save to the extent such a time bar would be unlawful under the CPA.
9. Shuttle Service
9.1 Use of our shuttle vehicles is at the passenger’s own risk, save for our liability for death, personal injury or loss caused by our negligence or that of our drivers, which we do not exclude.
9.2 Passengers must comply with reasonable safety instructions given by our drivers, including the wearing of seatbelts where fitted, and must not carry any dangerous, illegal or hazardous item in the shuttle vehicle.
9.3 We reserve the right to refuse to transport any person who is, in the reasonable opinion of our driver, intoxicated, aggressive, or otherwise likely to endanger the safety of themselves, other passengers, or our staff.
10. Prohibited Items and Conduct
10.1 You warrant that the Vehicle does not contain any illegal substances, firearms without a valid licence, stolen property, or other unlawful items. We reserve the right to refuse the Booking, or to report the matter to the South African Police Service, where we reasonably suspect a contravention of this clause.
10.2 We reserve the right to search a Vehicle only where required by law enforcement or with your consent, and otherwise will not access the interior of your Vehicle other than as reasonably necessary to reposition it within our facility.
11. Protection of Personal Information
11.1 We collect and process personal information (including your name, contact details, vehicle registration, and, where applicable, ID/passport details and payment information) solely for the purposes of providing the Services, administering your Booking, complying with legal obligations, and communicating with you about your Booking.
11.2 We process your personal information in accordance with POPIA and will not use it for direct marketing unless you have consented, or otherwise share it with third parties except: (a) our shuttle drivers, as reasonably necessary to render the Services; (b) our payment processor to process payment; (c) as required by law or a competent authority (including the South African Police Service where clause 10.1 applies); or (d) with your consent.
11.3 We retain your personal information only for as long as necessary for the purposes set out above, or as required by law (including tax and consumer-protection record-keeping obligations).
11.4 You have the right to request access to, correction of, or deletion of your personal information held by us, subject to POPIA. Requests can be directed to the contact details in clause 15. You also have the right to lodge a complaint with the Information Regulator (South Africa) if you believe we have processed your personal information unlawfully.
12. Complaints
12.1 If you are dissatisfied with our Services, please contact us using the details in clause 15 so that we can investigate and attempt to resolve the matter.
12.2 If we are unable to resolve a complaint to your satisfaction, and the matter falls within the ambit of the CPA, you may refer the complaint to the National Consumer Commission, the applicable Consumer Goods and Services Ombud, or another applicable alternative dispute resolution agent or forum, or pursue your rights before a court or tribunal of competent jurisdiction.
13. General
13.1 Entire agreement: These Terms, together with your Booking confirmation, constitute the entire agreement between you and MAB Parking regarding the Services, and supersede any prior representations, unless confirmed by us in writing.
13.2 Variation: We may update these Terms from time to time. The version applicable to your Booking is the version published on our website at the date your Booking is confirmed. Material changes will not apply retrospectively to a Booking already confirmed.
13.3 Severability: If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
13.4 No waiver: No failure or delay by us in exercising any right under these Terms constitutes a waiver of that right.
13.5 Cession: You may not cede or assign your rights or obligations under these Terms without our prior written consent. We may cede or assign our rights and obligations to an affiliate or successor in business, provided this does not materially prejudice your rights.
13.6 Governing law and jurisdiction: These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Magistrate’s Court in respect of any dispute, without prejudice to either party’s right to approach a higher court of competent jurisdiction, and without prejudice to your rights under the CPA to approach the National Consumer Tribunal or another applicable consumer forum.
13.7 Interpretation: Headings are for convenience only and do not affect interpretation. Words importing one gender include the others, and the singular includes the plural and vice versa.
14. Consumer Protection Act Notice
In accordance with section 49 of the CPA, your attention is specifically drawn to the following clauses, which limit our liability, impose risk on you, or otherwise require your special attention: clauses 6.2 (cancellation charges), 6.5 (uncollected vehicles), 7.3 (lien over the Vehicle), 8 (liability, including the liability cap in 8.5), and 13.6 (jurisdiction). By proceeding with a Booking, you acknowledge that these clauses have been drawn to your attention and that you have had a reasonable opportunity to consider them.
15. Contact Us
MAB Parking
16A Catalina Avenue, Rhodesfield, Kempton Park, 1619, South Africa
Tel: 063 245 9492
Email: info@mabparking.co.za