Terms and Conditions

1. Definitions

In these Terms and Conditions, unless the context clearly indicates otherwise:

• "WeTransport", "we", "us", or "our" means WeTransport (Pty) Ltd, registered in the Republic of South Africa, trading as WeTransport.
• "Customer", "you", or "your" means any person or entity that uses the Website, requests a quote, or hires a Vehicle or Transport Service from us.
• "Website" means https://www.wetransport.co.za and all sub-pages, including calculate.php, all vehicle hire pages, and all booking forms.
• "Vehicle" means any truck, bakkie, panel van, trailer, tipper, crane truck, refrigerated vehicle, water tanker, container truck, horse trailer, or other commercial vehicle or trailer hired through us.
• "Transport Service" means the movement of goods, cargo, or livestock by a Vehicle, whether with our own driver or a driver supplied by a third-party transporter.
• "Hire Period" means the period from the collection or delivery of the Vehicle to the return or collection of the Vehicle, as specified in the Booking Confirmation.
• "Booking Confirmation" means the written confirmation (email, SMS, or WhatsApp message) we send you that contains the Vehicle, dates, rates, and any special terms.
• "Driver" means any person operating the Vehicle, whether that is you (self-drive), your employee, or a driver we supply.
• "Goods in Transit" or "GIT" means the insurance cover that protects the cargo during transit.
• "Cross-Border Trip" means any trip that crosses a South African national border.
• "CPA" means the Consumer Protection Act 68 of 2008.
• "POPIA" means the Protection of Personal Information Act 4 of 2013.
• "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.

2. Agreement to These Terms

2.1 Acceptance

By using the Website, requesting a quote, making a booking, or hiring a Vehicle or Transport Service from WeTransport, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Website or our services.

2.2 Capacity

You may only use our services if you are 18 years or older, have full legal capacity, and are authorised to enter into binding contracts. If you are booking on behalf of a business, you confirm that you have authority to bind that business.

2.3 Entire Agreement

These Terms, together with the Booking Confirmation and the specific terms of any additional document you sign (such as a rental agreement), constitute the entire agreement between you and WeTransport. They replace any prior agreement, written or verbal.

2.4 Conflict

If there is any conflict between these Terms, the Booking Confirmation, and a signed rental agreement, the order of precedence is: (a) signed rental agreement, (b) Booking Confirmation, (c) these Terms.

3. Bookings and Quotes

3.1 Quotes

All quotes provided on the Website, by email, by phone, or by WhatsApp are estimates based on the information you supply. Quotes are valid for 14 calendar days from the date of issue unless otherwise stated. A quote does not constitute a binding contract until a Booking Confirmation has been issued and, where required, a deposit has been received.

3.2 Accuracy of Information

You are responsible for providing accurate information about the load (weight, dimensions, material type), the pickup point, the delivery point, and the requested dates. We are not liable for any loss, delay, or additional cost arising from inaccurate information you supply.

3.3 Booking Confirmation

A booking is only confirmed once we issue a written Booking Confirmation. Until that point, no Vehicle is reserved and no obligation exists on either side.

3.4 Availability

All bookings are subject to Vehicle availability. If a Vehicle becomes unavailable due to breakdown, accident, late return by a previous customer, or any other cause outside our control, we will use reasonable efforts to supply an equivalent Vehicle. If we cannot, we will refund any deposit you have paid for that booking in full.

3.5 Right to Refuse

We reserve the right to refuse any booking, cancel any booking, or refuse to hand over a Vehicle if:

• The driver does not hold a valid licence for the Vehicle class;
• The driver appears to be under the influence of alcohol or drugs;
• The driver cannot produce valid identification;
• We suspect the Vehicle will be used for an unlawful purpose;
• The load exceeds the legal limits for the Vehicle; or
• There is any other reasonable ground for refusal.

4. Rates and Payment

4.1 Currency

All rates are quoted in South African Rand (ZAR) and include VAT where indicated.

4.2 Rate Structure

Rates may consist of one or more of the following components:

• Daily rate — charged per 24-hour period or part thereof;
• Per-kilometre rate — charged on the road distance travelled;
• Driver rate — if you have booked a professional driver;
• Fuel deposit — refundable on return with the correct fuel level;
• Cleaning fee — if the Vehicle is returned excessively dirty;
• Waiting time — charged hourly beyond the agreed free period;
• Tolls, permits, and disbursements — passed through at cost.

4.3 Deposit

A refundable security deposit is required on most hires. The amount is specified in the Booking Confirmation. The deposit is refunded within 5 to 10 business days of return, less any deductions for damage, fuel, cleaning, tolls, fines, or late return.

4.4 Payment Methods

We accept payment by EFT, debit card, credit card, and — where agreed in advance — cash on collection. Card payments are subject to a merchant fee as disclosed at checkout.

4.5 Late Payment

Any amount not paid by the due date will attract interest at the prescribed rate under the Prescribed Rate of Interest Act 55 of 1975, calculated from the due date to the date of payment.

5. Cancellations and Refunds

5.1 Cancellation by You

Cancellation fees apply as follows:

5.2 Cancellation by Us

If we cancel a booking for any reason within our control, we will refund any amount you have paid, including the deposit, in full. If we cancel due to a force majeure event (see section 12), the same refund applies.

5.3 Early Return

If you return a Vehicle earlier than the agreed end of the Hire Period, you will not be entitled to a refund of the daily rate for the unused days.

5.4 Late Return

Late return is charged hourly. If the Vehicle is more than 4 hours late, you will be charged for an additional full day. Repeated late returns may result in refusal of future bookings.

6. Driver Requirements

6.1 Licence Requirements

You must hold the correct licence for the Vehicle class:

6.2 Professional Driving Permit

For any Vehicle above 3,500 kg GVM used for the transport of goods, the driver must hold a valid Professional Driving Permit (PrDP) issued under the National Road Traffic Act.

6.3 No Alcohol or Drugs

The driver must not consume alcohol or any substance that impairs driving ability before or during the Hire Period. We reserve the right to require a breathalyser test before handover and to refuse the Vehicle if the test is positive.

6.4 Fatigue Management

Drivers must comply with the maximum driving hours prescribed by the National Road Traffic Act. For long-distance trips, a two-driver crew is recommended. If you supply your own driver, you are responsible for ensuring rest compliance.

6.5 No Unauthorised Drivers

Only drivers named on the Booking Confirmation or rental agreement may operate the Vehicle. Allowing an unauthorised person to drive voids insurance cover and is a material breach of these Terms.

7. Vehicle Condition and Inspection

7.1 Condition Report

At the start of the Hire Period, you must inspect the Vehicle with us and sign a condition report listing any pre-existing damage, fuel level, mileage, and any accessories. Photos will also be taken. The same procedure applies at return.

7.2 Your Responsibility

During the Hire Period you are responsible for the Vehicle's safekeeping, including:

• Ensuring it is locked and parked safely when unattended;
• Checking oil, water, tyre pressure, and fluid levels daily;
• Not using the Vehicle for any unlawful purpose;
• Not sub-letting or transferring the Vehicle to a third party;
• Not using the Vehicle for racing, driver training, or towing beyond its rated capacity;
• Complying with all road-traffic laws and regulations.

7.3 Breakdown

In the event of a breakdown, contact us immediately on the emergency number provided in the Booking Confirmation. Do not authorise any repairs without our written consent. If you do, you may not be reimbursed.

7.4 Accident

In the event of an accident, you must:

• Report the accident to the South African Police Service within 24 hours;
• Obtain a case number and, where possible, witness details;
• Notify us immediately by phone;
• Not admit liability to any third party;
• Complete and submit our accident report form within 48 hours.

8. Fuel, Tolls, and Fines

8.1 Fuel

Unless otherwise agreed, the Vehicle is supplied with a full tank. You must return it with a full tank. If not, the shortfall is charged at the prevailing fuel price plus a 15% service fee.

8.2 Tolls

Toll fees are the responsibility of the hirer, unless we have agreed in advance to include them. If we receive a toll invoice after the hire period, we will pass it on to you along with a R50 administrative fee per incident.

8.3 Fines and Penalties

You are responsible for all traffic fines, AARTO penalties, weighbridge overload fines, and any other penalties incurred during the Hire Period. We will pass these on to you with a R100 administrative fee per incident.

9. Load and Legal Limits

9.1 Compliance

You must ensure the Vehicle is not loaded beyond its legal axle, gross vehicle mass (GVM), or gross combination mass (GCM) limits. Overloading is a criminal offence under the National Road Traffic Act and voids insurance.

9.2 Weighbridge

We reserve the right to require weighbridge certification at the start and end of any trip. If you are unwilling to comply, we may refuse the hire.

9.3 Load Securing

You are responsible for properly securing the load with straps, chains, binders, and tarpaulins where required. We can supply securing equipment on request at an additional charge.

9.4 Dangerous Goods

Transport of dangerous goods, hazardous materials, or any cargo requiring special permits (including fuel, chemicals, explosives, and certain agricultural products) must be declared at the time of booking and may only be carried if all applicable permits and insurance are in place.

10. Cross-Border Trips

10.1 Compliance

Cross-border trips are governed by the Cross-Border Road Transport Act 4 of 1998. You must ensure that all necessary permits, customs documentation, and insurance arrangements are in place before departure.

10.2 Border Delays

We are not liable for delays at border posts, customs holds, or documentation issues. Waiting time, driver accommodation, and any additional costs caused by border delays are for the Customer's account.

10.3 COMESA Yellow Card

Where the destination country requires third-party insurance under the COMESA Yellow Card scheme, this is arranged by us and included in the cross-border rate.

10.4 Cross-Border Documentation

Where we coordinate the customs clearing agents on your behalf, the disbursements (customs duty, bond fees, clearing fees, and government levies) remain for your account and are quoted separately.

11. Insurance and Damage

11.1 Comprehensive Cover

Every Vehicle is covered by comprehensive insurance for the duration of the Hire Period. Cover is subject to the terms of the underlying policy and to the excess amount disclosed in the Booking Confirmation.

11.2 Excess

The Customer is liable for the insurance excess for any damage to the Vehicle. The excess amount depends on the Vehicle class and is disclosed at the time of booking. For high-value Vehicles, excess reduction cover may be available on request.

11.3 Exclusions

Insurance cover does not apply, and the Customer is fully liable, if the damage or loss arises from:

• Driving under the influence of alcohol or drugs;
• Driving by an unauthorised or unlicensed driver;
• Use of the Vehicle for an unlawful purpose;
• Wilful damage or gross negligence;
• Overloading beyond legal limits;
• Off-road use outside the Vehicle's rated capability;
• Use of incorrect fuel;
• Towing beyond the rated towing capacity;
• Any other breach of these Terms or the rental agreement.

11.4 Goods in Transit (GIT)

Where we arrange goods-in-transit cover for your cargo, the declared value of the cargo must be accurate. Cover is limited to the declared value and is subject to the terms of the GIT policy.

11.5 No Insurance for Unauthorised Use

Any use of the Vehicle outside the scope of the Booking Confirmation (for example, unauthorised long-distance trips or unauthorised drivers) voids all insurance cover.

12. Liability

12.1 Our Liability

WeTransport's total liability to you, whether in contract, delict, or otherwise, is limited to the total hire charges you have paid for the affected booking. In no event will WeTransport be liable for indirect, consequential, or economic loss, loss of profit, loss of business, or loss of data.

12.2 Force Majeure

Neither party is liable for failure to perform any obligation under these Terms if that failure is caused by a force majeure event, including: acts of God, riots, civil unrest, war, terrorism, pandemics, acts of government, load shedding beyond a reasonable period, road closures, natural disasters, or any other event beyond reasonable control.

12.3 Customer Indemnity

You indemnify and hold WeTransport harmless against any claim, loss, damage, or expense (including legal costs on an attorney-and-own-client scale) arising from:

• Any breach of these Terms by you;
• Any damage to third-party property caused by you or the load;
• Any personal injury caused by you or the load;
• Any unlawful act committed by you during the Hire Period.

13. POPIA and Privacy

13.1 Compliance

We process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Where we rely on your consent to process personal information, you may withdraw that consent at any time by written notice.

13.2 What We Collect

We collect the following categories of personal information:

• Identity data — name, surname, ID or passport number, driver's licence number;
• Contact data — phone number, email address, physical address;
• Financial data — bank details, card details (processed via a PCI-compliant payment gateway), proof of address;
• Booking data — pickup and delivery locations, load description, dates, times;
• Technical data — IP address, browser, device, pages visited on our Website.

13.3 How We Use It

We use your personal information to:

• Provide the transport services you have booked;
• Communicate with you about your booking (email, SMS, WhatsApp, phone);
• Comply with legal, tax, and regulatory obligations;
• Prevent fraud, verify identity, and enforce our Terms;
• Improve the Website and our services.

13.4 Sharing

We may share your personal information with service providers who help us deliver the service (drivers, transporters, insurers, clearing agents, payment processors, IT service providers). We require these parties to keep your information confidential and POPIA-compliant. We do not sell your personal information to third parties.

13.5 Retention

We retain personal information for as long as necessary to fulfil the purpose for which it was collected, or for the period required by law (typically 5 years for tax records). After that period, information is securely destroyed or anonymised.

13.6 Your Rights

Under POPIA you have the right to:

• Access the personal information we hold about you;
• Request correction or deletion of your personal information;
• Object to processing;
• Lodge a complaint with the Information Regulator of South Africa.

13.7 Information Officer

Our Information Officer can be reached at privacy@wetransport.co.za.

For full details, see our Privacy Policy and Cookie Policy.

14. Consumer Protection Act

14.1 Your Rights

Where you are a consumer within the meaning of the Consumer Protection Act 68 of 2008 (CPA), you have the right to:

• Equality in the consumer market;
• Privacy;
• Choose and examine goods;
• Disclosure of information in plain and understandable language;
• Fair and responsible marketing;
• Fair and honest dealing;
• Fair, just, and reasonable terms and conditions;
• Fair value, good quality, and safety;
• Accountability from suppliers.

14.2 Cooling-Off

Where a booking is concluded online or by distance means, and where the CPA cooling-off right applies, you may cancel within 5 business days without penalty, except where:

• The service has already been provided;
• The hire period has already started;
• The Vehicle has already been delivered or collected.

If the cooling-off right applies and cancellation is timely, any amount paid is refunded in full within 15 business days.

14.3 Plain Language

These Terms are drafted in plain language where reasonably possible. If any part is unclear, please contact us before accepting them.

14.4 Unfair Terms

If any provision of these Terms is found to be unfair, unreasonable, or unjust under the CPA, that provision may be severed, and the rest of the Terms remain in force.

15. Website Use

15.1 ECTA Compliance

This Website is operated in compliance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Our full name, registration details, physical address, and contact details are available on the Contact page.

15.2 Intellectual Property

All content on this Website — including text, images, logos, graphics, data, and code — is owned by WeTransport or licensed to us. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

15.3 Acceptable Use

You agree not to:

• Use the Website for any unlawful purpose;
• Attempt to gain unauthorised access to any part of the Website;
• Interfere with the Website's operation or security;
• Scrape, crawl, or extract data without our written consent;
• Submit false or misleading information.

15.4 Links to Third Parties

The Website may contain links to third-party websites. We do not control those websites and are not responsible for their content or privacy practices.

15.5 Uptime

We strive to keep the Website available 24/7 but do not guarantee uninterrupted access. We may suspend access for maintenance or upgrades without notice.

16. Complaints and Disputes

16.1 Internal Complaints

If you are unhappy with any aspect of our service, please contact us first at complaints@wetransport.co.za or call +27 12 023 1091. We aim to acknowledge every complaint within 2 business days and resolve it within 15 business days.

16.2 Motor Industry Ombudsman

Where a dispute cannot be resolved internally, and where the dispute relates to a matter falling within the Motor Industry Ombudsman of South Africa (MIOSA) jurisdiction, you may refer the matter to MIOSA.

16.3 National Consumer Commission

Where a dispute relates to a CPA matter that cannot be resolved between us, you may refer it to the National Consumer Commission or to an accredited ombudsman scheme.

16.4 Legal Action

Before launching legal proceedings, both parties agree to attempt to resolve the dispute through negotiation and, if that fails, through mediation.

17. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute is subject to the exclusive jurisdiction of the South African courts.

18. Changes to These Terms

We may amend these Terms from time to time. The current version is always published on this page. Where a change is material, we will give reasonable notice on the Website or by email. Continued use of our services after the change takes effect constitutes acceptance of the amended Terms.

19. Contact Details

For any questions about these Terms, please contact us:

• Phone: +27 12 023 1091
• WhatsApp: +27 62 345 2345
• Email: info@wetransport.co.za
• Complaints: complaints@wetransport.co.za
• Privacy: privacy@wetransport.co.za