Terms & Conditions
Terms & Conditions
Object and Scope These general terms and conditions (hereinafter referred to as “General Terms and Conditions”) specify Mr Mavericke Concierge.’s procedure for intervening for and/or on behalf of the client within the framework of its mission of providing advice, assistance, representation and drafting documents to obtain, provide, maintain, exercise or defend residential accommodation rental, executive car hire and concierge services provision and related questions or issues.
Definitions In the Contract, unless the context indicates otherwise, the following expressions will bear the following meanings: “Accommodation” means the residential Accommodation identified in a Contract or any other replacement Accommodation provided to the Client by Us (including access keys and remote security devices, prepaid electricity devices, media devices and the like, supplied with Accommodation). “Client”, “Renter”, “you” or “your”: means the physical or legal person to whom Mr Mavericke Concierge. renders the Services defined in any Contract between Us and a Client or Renter of a Vehicle or Residential Accommodation, asindicated in a Contract between the Parties. “Contract”: means all the contractual documents governing the rights and obligations of the Parties within the framework of the Services to arise between Mr Mavericke Concierge and its clients. and a Client or Renter and these terms and conditions. “Day” means a period of twenty four hours (or any part thereof) calculated from the time the vehicle is received or accommodation taken occupation of by a Renter. “Driver” means a Client and/or a driver and/or any additional driver as indicated in a Contract and who must be twenty three years old or older and who must have held a valid unendorsed driver’s license for a minimum period of 2 years prior to a Contract arising. “Liability Waivers” means the waivers referred to in clause 10, including but not limited to, the items identified as CDW, SCDW, TLW and STLW, but which specifically exclude any key replacement and the loss of personal belongings. The liability waivers are not an insurance policy but provide a basis on which the Client’s liability in terms of the Contract may be reduced. “Mr Mavericke Concierge. “, “Our”, “Us” and “We”: means the enterprise of Mr Mavericke Concierge. with whom the Client or Renter has entered into a Contract, the stakeholders, their staff and administrative personnel intervening on behalf and for the account of Mr Mavericke Concierge. “Official Rates” means Our rates charged from time to time and/or in terms of the official rates published and amended from time to time, applicable to the Services, Accommodation and/or Vehicles used by Clients or Renters in terms of a Contract, and which are available from Our offices. “Parties”: means Mr Mavericke Concierge. and the Client or Renter. “Proposal”: means the written proposal of Services, estimation or quotation that Mr Mavericke Concierge. submits to the Client or Renter. “Rental Period” means the period between the date when the vehicle or accommodation is taken possession of by the Client and the termination date and time as specified on a Contract or, if such period is extended, the time and date entered on Our records as being the date and time when the Vehicle is returned to Us or the Accommodation is vacated. “Representation”: means any request for intervention formulated in writing by the Client to Mr Mavericke Concierge. “Services”: means any and all the services provided by Mr Mavericke Concierge. “Vehicle” means the Vehicle/s identified in a Contract, or any other replacement vehicle provided to the Client by Us (including the Vehicle documents, keys, tyres, tools and accessories supplied with the Vehicle). References to the singular will include the plural, the male gender will include the female gender, and references to persons will include natural and juristic persons.
Application and invocation of the General Terms and Conditions
3.1 Every Service provided by Mr Mavericke Concierge. is governed exclusively by the Contract, which comprises: – the Proposal or the Representation; – these General Terms and Conditions; – where applicable, the hourly billing rates of Mr Mavericke Concierge.
3.2 The conditions, rights and obligations mentioned in the Contract are the only terms and conditions applicable to any Service provided by or on behalf of Mr Mavericke Concierge., including the services provided by Mr Mavericke Concierge. jointly with a third party designated by Mr Mavericke Concierge. The Contract takes precedence over any other general or specific terms and conditions originating from the Client. Save with Mr Mavericke Concierge.’s prior written agreement, which must explicitly be mentioned in the Proposal or the Representation, the Client’s general or specific terms and conditions are notapplicable and cannot be invoked against Mr Mavericke Concierge. regardless of the time at which they may have been brought to its attention.
3.3 The fact that Mr Mavericke Concierge. may not have recourse at all given times to any of the clauses of these General Terms and Conditions cannot be construed as Mr Mavericke Concierge. waiving the right to have recourse to any such clause(s) at a later stage.
3.4 Acceptance of the Proposal by the Client or of the Representation given to Mr Mavericke Concierge. to perform a Service, or simple payment of an invoice, marks the Client’s acceptance of the Contract, including these General Terms and Conditions.
3.5 In the event that a clause or condition is declared null and void by a court ruling, such nullity shall not entail the nullity of the whole of these General Terms and Conditions nor of the Contract.
Service provision and delivery
4.1 Colour and other specification and service or hire rates are subject to change without notice. Please be advised that although Mr Mavericke Concierge. will use our best efforts, it is unable to guarantee the availability of a vehicle to the Client at a particular time due to possible circumstances beyond Mr Mavericke Concierge.’s control. In the event that Mr Mavericke Concierge. is unable to do this, it will endeavour to make alternative arrangements until such time as it is able to make the vehicle available to the Client.
4.2 Services provided or accommodation/vehicle rental are provided in good condition and the onus rests with the Client to bring to the notice of Mr Mavericke Concierge. any damage/unacceptable standards within the first 25% of the service usage period.
Risk, delivery and return
5.1 Any accommodation unit, motor vehicle or other material objects that the Client takes into its possession from Mr Mavericke Concierge. will be at the Client’s sole risk from the date and time of occupation/delivery/receipt of the said material object until it is returned to Mr Mavericke Concierge. The Client undertakes to return the material object in the same condition that it received it, fair wear and tear excepted relative to the period in which it was in the Client’s possession.
5.2 The Client will return the material object, on the expiry or termination of the Contract, at its expense to Mr Mavericke Concierge.’s authorised representative at the collection address recorded in the Contract. The Client acknowledges that failure to return the material object in terms of the Contract will constitute a breach of the Contract and illegal possession by the Client, and Mr Mavericke Concierge. may report the material object as stolen and/or repossess the material object wherever same may be found and from whomsoever is in possession thereof.
5.3 When the Client or any person nominated by the Client vacates accommodation or returns the material object, including vehicles, keys and security access devices to Mr Mavericke Concierge., the Client will: – ensure that portable items such as keys and security devices are properly handed over to an authorised Mr Mavericke Concierge. representative – ensure that portable items such as keys and security devices are properly handed over to an authorised Mr Mavericke Concierge. representative – park a vehicle in Mr Mavericke Concierge.’s reserved parking; – ensure that vehicles and material objects are properly locked and secure; – the sole risk of loss or damage to an accommodation unit, vehicle or other material object will remain vested in the Client until such time as Mr Mavericke Concierge. has recorded its vacation/return.
Mr Mavericke Concierge.’s obligations
6.1 Mr Mavericke Concierge. undertakes to perform the Services conscientiously and properly, in accordance with professional standards and in compliance with the laws and regulations applicable.
6.2 Mr Mavericke Concierge. shall provide the Services in accordance with the obligation of confidentiality to which all service provision agents are subject.
6.3 Mr Mavericke Concierge. is mindful of situations that may give rise to a conflict of interest. Consequently, Mr Mavericke Concierge. undertakes to refrain, in the same case, from advising, assisting and representing clients with opposite interests unless all the parties have given their consent.
7.1 The Parties acknowledge that certain Services may require compliance with certain obligatory deadlines imposed by law or by third parties. Consequently, the Client undertakes to provide to Mr Mavericke Concierge. in good time all the information and instructions necessary to enable correct performance of the Services. More particularly, the Client undertakes to respond promptly to all communications from Mr Mavericke Concierge. and to provide to Mr Mavericke Concierge. all the information requested by Mr Mavericke Concierge. or any other useful information prior to the deadline indicated in the said communications. Client delays in this connection that result in delayed service delivery cannot be construed as a neglect of service provision on Mr Mavericke Concierge.’s part.
7.2 The Client undertakes to notify Mr Mavericke Concierge. immediately of any change regarding information supplied to Mr Mavericke Concierge.
7.3 The Client shall be solely liable for any damage that may result from wrong, incomplete or belated information. Any lack of complete and adequate response from the Client, where applicable prior to the deadline indicated by Mr Mavericke Concierge., Mr Mavericke Concierge. may suspend the performance of its Services in full or in part and/or may not be held liable for any damage the Client may suffer as a direct or indirect result of such suspension.
7.4 Mr Mavericke Concierge. shall submit to the Client any document that it regards as requiring a signature. The Client shall return to Mr Mavericke Concierge. all the documents required, signed by a duly authorised representative of the Client as requested by Mr Mavericke Concierge., prior to the deadline indicated by Mr Mavericke Concierge. Mr Mavericke Concierge. cannot be held liable for any damage the Client may suffer as a direct or indirect result of failure to meet a deadline indicated by Mr Mavericke Concierge.
7.5 All communication by Mr Mavericke Concierge. shall be sent to the Client’s latest address (email or postal address) as indicated by the Client or one of its representatives. The Client must immediately inform Mr Mavericke Concierge. of any change of address and/or status. Mr Mavericke Concierge. cannot be held liable for any loss of rights or any damage suffered by the Client if it has not been duly informed of the changes that have occurred.
7.6 The Client warrants that:
– all information given by it to Mr Mavericke Concierge. is true and correct;
– its identity/travel documentation and or residence/work permits are up-to-date and problem-free;
– drivers hold valid unendorsed driver’s licenses for vehicles they may hire from Mr Mavericke Concierge.
– it will not drive vehicles so hired under the influence of alcohol or any other central nervous system stimulant;
– drivers are not physically prevented from operating vehicles safely;
– no person other than recorded and licensed drivers will drive a hired vehicle;
– drivers will lock vehicles and activate any burglar alarm or protection systems installed in them when same is not in use and ensures that keys of hired vehicles are properly controlled;
– vehicles will not be used or driven for the conveyance of persons or property for reward, in contravention of or in breach of any law, in any race, speed test or contest, on roads not properly constructed, or for towing unless supplied with a tow bar;
– accommodation/vehicles/other material objects will not be used in any way that would constitute a breach of any of theprovisions of the Contract; – it and occupants/drivers will at all times display an absolute duty of care towards Mr Mavericke Concierge. and its property and will ensure that accommodation/material objects will only be used in suitable environments and/or in accordance with the purpose for which it is generally used/rented;
– the Client and the occupant/driver will not take Mr Mavericke Concierge.’s goods and possessions into any area where there is a risk of damage, theft or loss through civil disturbance, riot or any act of political unrest;
– vehicles/other material objects will not be taken outside the Republic of South Africa, except with Mr Mavericke Concierge.’s prior written permission. A cross border letter provided by Mr Mavericke Concierge. and/its insurer/financier will provide the Client with authorisation to cross the relevant border and Mr Mavericke Concierge. will not be held responsible for any fee/or other costs/payments howsoever incurred by the crossing the border.
7.7 In terms of vehicle hire, the Client is entitled to one hundred and fifty kilometres of vehicle use free-of-charge; thereafter a rate per kilometre shall come into play, calculated upon usage rates as set out by the Automobile Association of South Africa.
Term during which the Services shall be provided
8.1 Mr Mavericke Concierge. shall provide the Services agreed with the Client in the context of a Contract. However, the Client may at any time put an end to Mr Mavericke Concierge.’s. intervention by serving it written notice to this effect. Termination periods shall not be less than fourteen (14) days. Such cancellation is at the Client’s risk and entails the immediate payment of fees for any Services commenced. Mr Mavericke Concierge. has the same option of cancellation, in compliance with the professional obligations defined by applicable law, unless the Client is in default of payment, in which case termination and evacuation shall be immediate..
8.2 In the event of default or delay of payment by the Client of fees, expenses, charges or dues invoiced by Mr Mavericke Concierge., or if the Client fails to meet any of its obligations under the terms of the Contract, Mr Mavericke Concierge. may cancel the Contract eight (8) days after having served notice of default by registered letter or courier without having received a response, without prejudice to Mr Mavericke Concierge.’s right to claim damages and/or to suspend the performance of its Services.
8.3 The Client will be entitled at any time during the initial period to orally extend a usage period. This extension will however only be valid if confirmed by Mr Mavericke Concierge. in writing.
8.4 Mr Mavericke Concierge. will be entitled to terminate the Contract if the Client and/or occupants/users/drivers commit any breach of the Contract. Mr Mavericke Concierge. will then be entitled to the immediate return of occupation/the rented vehicle/other material objects, and furthermore any amount then and there owing by the Client to Mr Mavericke Concierge. will become immediately due and payable.
8.5 Both the Client’s and Mr Mavericke Concierge.’s rights and obligations under the Contract will continue to be in full force and effect until such time as occupation/the rented vehicle/other material objects have been returned to occupation/the rented vehicle/other material objects in terms of the Contract and the Client has complied with all its obligations in terms thereof.
Expenses, charges and fees
9.1 At the Client’s request, Mr Mavericke Concierge. shall provide, indicatively, an estimate of the expenses, charges, dues and fees that the Client will incur when ordering the Services. This estimate shall be communicated subject to the express reservation of variations that may occur such as, for instance, changes in official charges or dues, changes of the fees charged by professional colleagues abroad, variations in exchange rates, costs of intellectual services (e.g. processing of observations made by administrations or of oppositions by third parties) and when the case at hand is more complex than initially envisaged.
9.2 Save if the Parties have agreed a lump sum in writing, the Services provided by Mr Mavericke Concierge. shall be invoiced on the basis of daily, hourly or unit billing rates which Mr Mavericke Concierge. has communicated to the Client when it transmitted its Proposal or when Mr Mavericke Concierge. accepted the Representation or, if no such rates have been transmitted, on the basis of Mr Mavericke Concierge.’s standard billing rates which the Client may ask Mr Mavericke Concierge. to supply. The billing rates vary according to the quantity, quality, availability, source of supply, qualification and experience of the persons providing the Services. In addition, Mr Mavericke Concierge.’s standard billing rates may be adjusted / indexed annually.
9.3 Mr Mavericke Concierge. is at all times entitled to charge retainer fees. An invoice shall be issued for this purpose. Retainer fees are not necessarily commensurate with the state of advancement of the Services or of the level of charges and dues incurred at the date of the Client’s request. The Client undertakes to pay the retainer fees without delay.
9.4 Invoices other than those for retainer fees are payable within 30 days from the date of the invoice into Mr Mavericke Concierge.’s account indicated on the invoice. Any sum not paid on the due date shall, ipso jure and without prior notice, entail interest for delay of payment and recovery charges pursuant to the legislation in force. Over and above the statutory lump-sum recovery charges, Mr Mavericke Concierge. shall be entitled to a reasonable indemnity equal to 10% of the amount of the invoice, with a minimum of ZAR150 in respect of all other recovery costs above the said lump sum incurred as a result of the delay in payment, without prejudice to Mr Mavericke Concierge.’s right to claim full compensation for the damage it has suffered.
9.5 Any contestation of Mr Mavericke Concierge.’s invoices is admissible only if it has been notified by registered letter received no later than 14 days after the date of such contested invoice.
9.6 The Client agrees to pay Mr Mavericke Concierge.:
– any deposits, utilities advance payments, key/security device deposits and rental rates, cross border fees per border and other charges as set out in the Contract and/or in terms of Mr Mavericke Concierge.’s official rates, whichever may be applicable;
– the cost of prepaid electricity or other municipal utilities as they may apply, or fuel supplied for vehicles supplied by Mr Mavericke Concierge. which cost will be calculated upon return of vehicles;
– If vehicles/other material objects are delivered to, or collected from the Client, the Client will be charged for fuel used from the time vehicles leave the dispatching location to the time they are returned to the returning location;
– all fines, taxes, charges, levies, legal costs and tolls payable by Mr Mavericke Concierge. to any third party arising out of the Client’s use of Mr Mavericke Concierge. material objects;
– all and any costs, including but not limited to, one-way fees, towing/delivery charges and losses or damages incurred by Mr Mavericke Concierge. in procuring the return of material objects to the collection address described above, or such other location as determined by Mr Mavericke Concierge.;
– in the event that material objects are not returned on the return date, all amounts that would have been payable by the Client in terms of the Contract if the if the rental or use period had been validly extended to the actual date of return of material objects to Mr Mavericke Concierge.;
– all costs for which the Client is liable, incurred by Mr Mavericke Concierge. in repairing any damage of any nature whatsoever to a facility/material object and any loss or damages suffered by Mr Mavericke Concierge. as a result of theft, fire or any other cause whatsoever;
– such valet charge or building cleaning as may be levied for the cleaning of accommodation/vehicles/other material objects; and
– such accident/damage administration and/or traffic fine handling fee that may be levied by Mr Mavericke Concierge.- if Mr Mavericke Concierge. has agreed to payment from the Client by credit or charge card, the Client’s signature will constitute authority for the issuer of the card to debit the Client with the total amount owing, inclusive of all costs and charges of whatsoever nature, arising in terms of the Contract.
– The Client will pay all amounts payable by it under the Contract to Mr Mavericke Concierge. on demand. If any payment is not made on its due date, then Mr Mavericke Concierge. may, without prejudice to any of its rights, charge interest on the amount due at the maximum rate permissible by law.
9.7 In terms of the delivery or collection of motor vehicles, a delivery fee shall apply in addition to other charges.
Liability and guarantee
10.1 Mr Mavericke Concierge. shall make every effort to ensure the due, timely and proper performance of the Services. However, the obligations assumed by Mr Mavericke Concierge. are best efforts obligations.
10.2 If Mr Mavericke Concierge. fails to meet one of its obligations, its liability for any damage caused to the Client must be proven by the latter in terms of irrefutable supporting evidence that is quantifiable in value. In any case, no action, whatever its nature, grounds or procedure, can be instituted by the Client more than six months from the day on which the Client has or should have had knowledge of Mr Mavericke Concierge.’s failure to meet one of its obligations.
10.3 Mr Mavericke Concierge. cannot be held liable for any damage caused by or due to the intervention of third parties, and in particular any damage caused by the products or services of third parties, if it was not Mr Mavericke Concierge. who decided to have recourse to these third parties. If it is Mr Mavericke Concierge. who decided to have recourse to third parties, Mr Mavericke Concierge.’s liability for any damage caused to the Client by the intervention of these third parties is limited as provided for in Article 8.2 and 8.4.
10.4 Mr Mavericke Concierge. can never be held liable for damage caused directly or indirectly by force majeure as defined in Article 12 below.
10.5 The Client may put in place in advance insurance or a collision damages waiver (CDW) and/or theft loss waiver (TLW) or a super waiver (“SCDW/STLW”), or such liability waivers as it sees fit. In such event, the Client’s liability will not exceed the amount stated in the Contract as the “Renter’s Responsibility”, unless one or more of the exclusions in clause 8.6 is applicable.
10.6 Insurances or liability waivers may not cover loss of, or damage to vehicles or other material objects in the following circumstances, and Client remains liable for all such loss or damage:
– where the Client or its authorised representative/s are in breach of the Contract;
– where damage is caused if no accident has occurred; – where damage is caused by water, except in the case of a burst geyser in rented accommodation;
– where damage or loss is caused by user negligence; – where damage is caused by the Client’s failure to carry out basic maintenance procedures in the course of use;
– where, in the case of rented vehicles, damage or loss is caused by pot holes, sand or travelling on gravel roads; and
– in respect of personal belongings, key replacement, towing/transport/delivery fees and claim administration fees.
10.7 Clients must sign a force majeure “Self Insurance Agreement”; and provide force majeure with written proof from the Client’s insurers that all vehicles rented are comprehensively insured.
10.8 In respect of hired vehicles and subject to Mr Mavericke Concierge.’s consent, the Client may, in addition to liability waivers, purchase in advance a windscreen and/or tyre waiver. These additional waivers only cover damages to viewing glass caused by stone chips, and tyres, rims and hubcaps caused by potholes and do not cover theft of the said items.
Responsibility after loss or damage to Mr Mavericke Concierge. facilitiesIf a rented accommodation, hired motor vehicles or other material objects are involved in any accident or are lost or stolen, or is involved in any incident, which could prejudice Mr Mavericke Concierge.’s rights, the Client and/or user will take all such steps to safeguard Mr Mavericke Concierge.’s interests, including, but not limited to the following where appropriate:
– obtain names and addresses of everyone involved and of possible witnesses, and details of other facilities/vehicles/material objects involved;
– not, without Mr Mavericke Concierge.’s prior written consent, admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability;
– notify Mr Mavericke Concierge. and the police as soon as possible and in any event within twenty four (24) hours of the incident;
– within forty eight (48) hours of the incident complete and furnish to Mr Mavericke Concierge. fully completed standard claim forms, as they apply;
– in the event of a motor vehicle accident involving vehicles hired from Mr Mavericke Concierge., within forty eight (48) hours of the incident submit to forty eight (48) a copy of the driver’s licence;
– not abandon the premises/vehicle/s and make adequate provision for their safety and security; and
– cooperate with Mr Mavericke Concierge. in any investigation, the lodging or instituting of any claim or action and the defence of any prosecution, claim or action relating to the incident.
12.1 Performance of the obligations of the Parties shall be suspended in the event of force majeure that is of such a nature as to prevent or delay the performance of contractual obligations of either Party. Force majeure means any event that is beyond the control of the Party invoking it and against which it could not reasonably protect itself. The following in particular (but not exclusively) constitute cases of force majeure: a strike at the Client or at a third party whose help is required to provide a Service (for instance, an intellectual property office), the unavailability of a public IT or logistics service, provision of water and electricity utilities by the applicable municipal bodies, etc.
12.2 If the case of force majeure has effects beyond a period of three (3) months, either Party may, after sending a registered letter or couriered notification to the other Party, immediately and ipso jure cancel the Contract, without any compensation or notice being due as a result thereof.
13.1 The Client acknowledges that ownership in rented accommodation/hired vehicles/other material objects will at all times remain vested in Mr Mavericke Concierge., or the true owner/third party service provider.
13.2 The Client will not be entitled to cede or assign any of its rights and obligations under the Contract or to sublet or part with possession of the rented accommodation/hired vehicles/other material objects.
13.3 Costs such as municipal utilities or fuel are not included in the amount of the rental. Mr Mavericke Concierge. will refuel all vehicles upon return.
13.4 The Client is not permitted to carry out any repairs rented accommodation/hired vehicles/other material objects.
13.5 Any tampering by the Client with vehicle odometers or unreasonable occupation of rented accommodation by large numbers of people will be regarded as fraud. Where required in determining charges, the distance driven by vehicle drivers will be measured from the odometer installed in the vehicle. If such calculation is not practical, or possible for any reasonwhatsoever, the calculation will be done by such other reasonable method as Mr Mavericke Concierge. may determine and the Client will be obliged to furnish all such information and assistance as Mr Mavericke Concierge. may reasonably require for that purpose and will be liable for any additional charges to arise therefrom.
13.6 If the Client is not the occupiers/drivers/users then, without in any way detracting from the Client’s obligations in terms of the Contract, the Client and the occupiers/drivers/users will be liable to MR MAVERICKE CONCIERGE. jointly and severally for all and/or any amounts owing under the Contract.
13.7 Save as otherwise stated in the Contract, any addition to or alteration of the Contract will be null and void unless agreed upon by the parties, reduced to writing and appended to the Contract.
13.8 The Client chooses the address where it will receive notices for all purposes in terms of the Contract, at the Client’s address specified in the Contract or, in the case of that address not being in the Republic of South Africa, at the occupants’/drivers’/users’ local address/es specified in the Contract.
13.9 A certificate of any director, manager or accountant of Mr Mavericke Concierge. as to the amount owed by the Client to it will, on the face of it, constitute proof of the amount owing.
13.10 This document contains the entire Contract between the Client and Mr Mavericke Concierge. regarding the matters contained herein and Mr Mavericke Concierge. will not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.
13.11 It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent arbitrator/court, then the remaining clauses will be and continue to be of full force and effect.
13.12 No extension, relaxation or other leniency that may be given or allowed by Mr Mavericke Concierge.. can be taken to mean that other rights may not be enforced.
13.13 The Client and/or occupiers/drivers/users authorise Mr Mavericke Concierge. to conduct any credit checks which it deems necessary to adequately assess the risk of contracting with the Client. Mr Mavericke Concierge. is entitled to note any default by the Client in terms of the Contract and, in accordance with The National Credit Act’s requirements, with any credit bureau, and the Client holds Mr Mavericke Concierge. blameless for any consequences arising from the notation.
Bankruptcy and insolvency If the Client’s situation changes, e.g. because of death, bankruptcy, dissolution or change of the Client’s company or because of any other circumstance impairing the Client’s solvency, Mr Mavericke Concierge. has the right to demand that all sums due be fully paid immediately, even before their due date, or demand guarantees that the commitments will be duly and properly kept (guarantees that are subject to Mr Mavericke Concierge.’s approval), without prejudice to Mr Mavericke Concierge.’s right to suspend implementation of the Contract or to cancel it in accordance with Article 6.
If there is a dispute, controversy or claim about the establishment, interpretation, implementation or termination of the Contract, the Parties shall endeavour to seek an amicable settlement.If no amicable settlement has been reached within 30 days of the dispute arising, the matter shall be brought exclusively before a mediation or arbitration body whose decisions on the matter shall be full and final. The law of the country of the principal place of business of the Mr Mavericke Concierge. firm with whom the Client has entered into a Contract is applicable.
Indemnity Save as is provided for in law and provided that there was no negligence on Mr Mavericke Concierge.’s part, it will not be liable for any damage and/or injury and/or death arising out of any defect in and/or mechanical failure of any rented accommodation, hired motor vehicles or other material objects which possession of which has passed to the Client, nor for any loss or damages to any property transported in or left in accommodation or vehicles, nor for any damages, injury, death, consequential loss, loss of profits, or any other damages which the Client or its representatives or any person transported or accommodated in Mr Mavericke Concierge.’s facilities may suffer arising out of the Contract.