“Application form” – means the Rubix Transport Application form;
“Child/ren” – means the child/ children listed in the Application form/s requiring the Service;
“Child minder” – means the person authorised by the Client to receive the Child at the Destination;
“Client” – means the parent, guardian or authorised adult responsible for the Child as identified in the Application form;
“Client Code of Conduct” – means the set of rules by which every Client and Child are to adhere to whilst utilizing the services offered by Rubix;
“Collection time” – means the time that collection is required as stipulated in the Application form;
“Departure point” – means the location from which the Child will be collected as stipulated in the Application form;
“Destination” – means the location to which the Child is to be transported to as stipulated in the Application form;
“Driver/s” – means the qualified person rendering the Service on behalf of Rubix;
“Indemnity form” – means the standard Rubix indemnity form;
“Onboard safety officer/s” – means the authorised employee/agent, on selected routes, who accompanies the Driver/s, supervises the Child/ren and enforces the Rubix operational safety and behavioral procedures as documented in the Client Code of Conduct;
“Rubix” – means Rubix Group CC, a South African close corporation having Registration number CK 2011/084857/23, its employees, agents and licensees;
“Rubix property” – means the Rubix vehicle (including interior and exterior), Safety seats, accessories and any other property used in connection with the Service;
“Rubix Terms and Conditions” – means these terms and conditions which, together with the Application form, Quotation, and Indemnity form, shall constitute the entire agreement between Rubix and the Client;
“Rubix vehicle” – means any vehicles owned or operated by Rubix, its Drivers, agents or licensees;
“Safety seat” – means a child car seat or booster seat certified with SABS approval;
“Service” – means the transportation of the Child from the Departure point to the Destination;
“Quotation” – means the verbal or written quotation for the Service provided by Rubix.
The Client acknowledges that Rubix terms and conditions may be updated as and when required by Rubix. Rubix will make the updated terms and conditions available to the Client on their website and the Client agrees to continually familiarize themselves with the terms and conditions of Service.
Initiating the service
Contact Rubix telephonically, by email or through the web portal and request a Quotation for the Service or for further information.
Notwithstanding the commencement date stipulated in the Application form, the Service will not commence until Rubix has accepted the Client’s application for the Service in writing, and:
(1) the Rubix Transport Application form is completed in full;
(2) the Indemnity form and Terms and Conditions have been signed by the Client; AND
(3) Payment of the upfront registration fee and seat securing fee is received.
The Child will be collected from the Departure point at the agreed Collection time in conjunction with the shuttle timetable and transported in the Rubix vehicle to the Destination. Drivers and/or Onboard safety officers may vary from time to time. Note that Onboard safety officers are on larger vehicles only. The client may not request for an Onboard Safety Officer if one is not already in an allocated vehicle.
Children under the age of sixteen (16) years will only be released into the custody of the Child minder stipulated in the Application form, unless otherwise agreed in writing.
The Service may be utilised on a monthly basis or ad hoc (daily or weekly) basis.
Monthly contracts will be ongoing until such time as one (1) calendar months’ notice is received on or before the 1st October annually. Should notice be received after 1st October, the Client remains liable for November fees and the seat securing fee will be offset against December fees.
The Client agrees to notify Rubix by e-mail of any personal detail changes. These changes may include and are not limited to, residential address, contact numbers, child’s school and grade, emergency contact details.
Safety and special equipment
By law the Child must wear a seat belt at all times unless a Safety seat is being used, and this will be strictly enforced. Rubix cannot be held responsible for any damages whatsoever if the Child refuses to be secured in a Safety seat, to wear a seat belt or unfastens the seat belt, and in such circumstances, the Driver and/or Onboard safety officer may in his or her sole and absolute discretion, and without incurring any liability, refuse to transport the Child.
Children under the age of five (5) years, or under one hundred and forty five (145) cm tall, legally require a Safety seat. The Safety seat must be provided by the Client to Rubix and the Client warrants that any Safety seat supplied by the Client to Rubix is SABS approved and suitable for the age/ height of the Child. Rubix will not accept responsibility for Safety seats not being installedcorrectly in the instance where The Client has provided their own Safety seat and has not demonstrated to Rubix the correct installation of the Safety seat. The Client shall be responsible for the supply and suitability of the Safety seat, and Rubix reservesthe right to refuse to transport the Child if no Safety seat is provided. Rubix shall not be held responsible for any damages whatsoever if the Client fails to supply a suitable Safety seat.
The Safety seat will either accompany the Child or be collected together with the Child from the Departure point, and delivered together with the Child at the Destination, or will be kept in the Rubix vehicle until Rubix has received written notice of termination of the Service. The Safety seat will be returned to the Client within forty eight (48) hours after the last day of transfer. Where Rubix supplies the Safety seat suitable for the Child, the Client agrees to an additional charge of R55 per month contracted as per the Service selected by the Client and payable in accordance with the payment terms as laid out herein.
Standards and safety
Rubix vehicles are serviced and maintained to the highest levels however in the unfortunate event of a breakdown Rubix cannot be held responsible for any inconvenience or losses of any kind.
Code of conduct
The Client/s and Child/ren agree to abide by the Code of Conduct and any other policies or procedures that may be adopted from time to time by Rubix as issued together with the Terms and Conditions as Annexure B, and agree to abide by the safety and behavioral procedures of Rubix. The Code of conduct will be managed and enforced by the Rubix Onboard safety officer or driver (where there is no Rubix Onboard safety officer). It is the responsibility of the Client/s to make themselves familiar with all the rules pertaining to the transfers offered by Rubix. The Client/s will ensure that the child/ren referred to in the Indemnity document abide/s by all policies applicable to him/her/them.
The Client/s acknowledge that he/she/they am/are responsible for their child/ren whether in the Rubix vehicle or not, before the start and after the end of transfer services provided by Rubix each and every day.
Morning collections – Clients are to ensure that their Child is ready at the Departure point at least fifteen (15) minutes prior to the agreed collection time. Any Child not ready for collection when the Rubix vehicle arrives at the Departure point will not be collected and the Rubix vehicle will continue on its allocated route. The Client/s is/are to note that times given for morning collections are a guideline only and cannot be demanded as a fixed time. The routes and school terms dictate the earlier / later collection of the child/ren.
Morning and afternoon collections
Clients should allow for a thirty (30) minute delay after the agreed shuttle collection time to take into account traffic and unforeseen delays. The Client/s acknowledge that it may not always be possible for Rubix to inform the Client/s of delays but that Rubix will endeavour to arrive within the thirty (30) minute leeway. During exam periods or where the schools change their closing times, the delay for collection may be up to one (1) hour. In these instances, shuttle rotations will be structured such that children of siblings that are being collected at an earlier time, or children living within 3km from the school will be taken first and 4-10km will be taken on the second / third trip round, space dependent.
Extra mural rosters are to be provided, by the Client, at least three (3) days in advance to allow Rubix to allocate children into the correct shuttle time. If the Child nominates to attend an extra mural during any school term, hence changing the contracted collection time, the Client accepts that the seat at the contracted collection time may be forfeited and the Child will remain on the new Shuttle time for the remainder of the contract or term. This is subject to change in agreement between Rubix and the Client should a seat become available. Failure to submit required changes to Collection times will cause unnecessary delays and Children will be re-allocated to the next available shuttle time, provided that there is a seat available.
Should the Child for any reason whatsoever, fail to utilise the Service at the agreed collection time, Rubix will endeavor to accommodate the Child on the next scheduled shuttle, provided that there is another time and seat available. This however cannot be guaranteed, and the Client will remain responsible for the full Service fees and may need to arrange collection of their child. In the event there is no other shuttle time scheduled for that day, an ad hoc charge will be raised for the bus to be returned to the school to accommodate the unscheduled collection. For any waiting time exceeding 15 minutes from the requested collection time, there will be an additional waiting time charge raised per incident of R30/15 minutes.
The Client agrees to familiarize themselves with the collection procedure and times to ensure the Child is waiting at the allocated
area for collection. Failure to be present at the allocated area may result in Rubix not collecting the Child at the agreed collection time and the Client may be informed to make an alternative arrangement should there not be another scheduled Rubix vehicle or seat available at a later collection time. Onboard safety officers and drivers are not able to look for children around school grounds as this delays the departure time and delivery times for all children.
It is not the responsibility of the Rubix Drivers and/or Onboard safety officers to ensure that the Child has all his/her belongings when leaving school. This remains the responsibility of the Client to follow up with the Child/ren and school regards any lost property. Should any belongings be left on a Rubix vehicle, such belongings are recorded and stored at the Rubix offices. Parents may claim said property by way of an email. Any unmarked items not claimed in the month, will be taken to the respective schools lost property.
Rubix must be notified between 6.00am and 7.00pm of the day before or before 6.00am of the same day if the Child does not require the Service. No refunds or credits will be given on absenteeism or illness of the Child. No unused trips may be exchanged for other trips e.g. a morning trip for an afternoon trip unused.
Routes driven by the Rubix vehicle are subject to alterations or cancellations at any time without prior notice and for any reason at the sole and absolute discretion of Rubix. Although Rubix will take reasonable measures to notify the Client of any cancellations or route changes, Rubix will not be responsible for any delays or damages whatsoever arising from any such alterations or cancellations. Route alterations may affect delivery times of children. Rubix will take necessary measures to ensure that times are not affected more than 30 (thirty) minutes.
Notice of any schedule changes required by the Client must be given in writing to Rubix by no later than 3:00pm on the Friday of the preceding week. If no notification is received from the Client, it will be assumed that the schedule of the previous week or term will continue. It is the Client’s responsibility to ensure that Rubix has received any notice of schedule changes. Rubix is not responsible for not being able to accommodate any notice of schedule changes should these not be provided timeously by the Client.
Emergency schedule changes
Last minute changes must be communicated via sms notification followed by a telephone call to Rubix. Rubix will, at its sole and absolute discretion, endeavour to accommodate any reasonable
Every effort is made by Rubix to adhere to agreed Collection times, but reasonable delays are to be expected and Rubix will not be held responsible or liable for any delays and/or consequential losses that occur as a result of delays.
Rubix provides a quality Service, however, any failure to provide the Service due to default by Rubix as a result of unforeseen circumstances will result in the related cost of the relevant transfer being refunded to the Client.
Damage to property
Any littering or damage caused by the Child/ren to any Rubix property will result in a notice being provided to the Client with an accompanying invoice. The Client will be provided with proof of the damage and will be responsible for the costs of cleaning/repair within one (1) week of the notice being received.
Rubix reserves the right to terminate the Service if, in its sole and absolute discretion, (1) the Child engages in any rough play or unruliness or (2) any damage caused by the Child is considered to be excessive.
Should an ill child vomit in the bus, Rubix will invoice the parent for the necessary valet fees incurred in order to bring the bus back into a condition fit for use for other travelers.
Rubix is insured and detailed information is available on request.
The banking details of Rubix will appear on the Quotation and subsequent invoice/s. The Client is responsible for the punctual payment of all fees and proof of payment must be sent to Rubix. Debit orders are accepted by Rubix Bryanston only, and a suitable form will be provided on request. Any and all bank charges payable for direct deposits are for the Client’s account.
A non-refundable registration fee is levied on acceptance of the quotation and annually thereafter. This fee will cover the Client’s formal registration and future updates on the Rubix CRM and logistics systems. This fee will be included in the January invoice annually.
Seat securing fee
A once off refundable seat securing fee equal to a month of the Service is payable before the commencement of the Service. Failure to make any of the required payments will result in the seat securing fee being used to offset outstanding fees and the Service suspended with immediate effect.
On notice of termination of the Service, the seat securing fee will be used to offset the last month’s fees. Should the last month’s fees exceed the seat securing fee amount (for example if fees have increased since payment of the seat securing fee) the balance of the fees will be invoiced on the final invoice less the seat securing fee held.
No cash refunds will be done. Seat securing fees are only offset against the last month’s fees on the required one calendar months’ notice being received and only if all monthly fees or additional fees have been settled in full. Any refund due in full or part thereof, of the seat securing fees held by Rubix on behalf of the Client/s, will be refunded thirty (30) days after contract termination.
If any payment due by the Client remains unpaid for a period of 10 (ten) days after due date, the seat securing fee will be used to offset any outstanding fees and Rubix shall have the right to withhold services without prejudice to its other rights under this agreement, including its right to immediately institute action against the Client for the full balance owing in terms hereof.
Monthly fees are calculated, in twelve monthly instalments, for one way or return services for a minimum use of Service of three (3) days per week. All fees quoted and charged are as per written quotation.
Monthly fees are payable in advance on or before the twenty sixth (26th) day of each month, unless arrangements have been made in writing at the sole and absolute discretion of Rubix for the payment of fees by a later date. Monthly fees are due and payable in advance, in twelve monthly instalments, for the duration of the contract, regardless of any school and/or public holidays, absenteeism or illness.
Clients utilising the monthly service are able to sign a debit order authorisation form for the settlement of the monthly fee on the 26th (twenty sixth) day of each month with those Rubix branches offering this service.
Services remain available over school holidays for an aftercare programme, sport clinics and other activities with prior written arrangement with Rubix, provided that such activities are within the area and routes of operation. Should any of these activities fall outside of the area or time of operation, Rubix will levy to the Client a service charge relevant to the Service request.
Clients acknowledge that the inability of the child to attend school for any reason, or the absence of the child from the Service, does not relieve the Client of the obligation to pay the monthly fees or to receive credits or offsets for other trips for the days not used.
Ad hoc services
Ad hoc services are subject to Quotation.
Ad hoc fees will be invoiced in advance and full payment of the invoice will be required prior to the service/s taking place.
Special arrangements may be agreed in writing in advance to alter the payment terms.
To register as an ad hoc client, a R500.00 non-refundable registration fee will be levied on acceptance of the quotation and R250.00 annually thereafter should you wish to renew your registration for the coming year.
In terms of current legislation the Service is exempt from value added tax.
Annual increases are effected, at the sole discretion of Rubix, and will be applied in January of each calendar year. Increases in the national fuel price may in the sole and absolute discretion of Rubix result in an additional increase in the Service fees during the contract year.
The Client will be given one (1) calendar month’s written notice of any additional increase of the Service fees that may be applied during the contract year.
The Client/s acknowledge that if any payment due by the Client/s remain unpaid for a period of 10 (ten) days after due date, the seat securing fee will be used to offset any outstanding fees and Rubix shall have the right to withhold services immediately without notice to the Client or prejudice to its other rights under this agreement, including its right to immediately institute action against the Client for the full balance owing in terms hereof.
The Client further acknowledges that he/she/they will be liable for administration costs and collection costs, as contemplated in the NCA, including legal costs on the attorney and client scale and collection commission to the extent permitted by the NCA.
Monthly contracts may be terminated by the Client on one (1) calendar month prior written notice. Should termination be received after the 1st October, the Client will be liable for the remainder of the calendar year’s fee and the Client’s seat securing fee will be offset against the December service fees due.
Rubix may terminate the contract after giving the Client one (1) calendar month written notice thereof. Reasons of termination may extend from the Client’s material failure to comply with this Contract unless the Client has rectified the failure within that period through to Rubix being unable to continue providing Services due to area of operation or route changes, collection time changes or other.
Ad hoc services cancelled with three (3) days prior written notice will result in a refund of fees paid less R100.00 administrative fee. No cancellation fee will be payable. However, any cancellation notice received less than three (3) days before the proposed Service
The client will be required to complete and sign the Rubix Indemnity form, before the commencement of the Service and annually thereafter.
6. REGISTRATION FORM
The client will be required to complete and continually update the Registration form with all relevant personal details as deemed required by Rubix to provide the Service.
The Client accept that Rubix does not take any responsibility for any theft or loss of, or damage or destruction to any property of whatever nature (including clothing, electronic and sporting equipment, books, or any other personal possessions) brought into the Rubix vehicles by his/her/their child/ren.
Domicilium citandi et executandi
Rubix chooses its domicilium citandi et excutandi (“domicilium”) to be 270/5 3rd Street, Chartwell AH.
The Client chooses its domicilium as stipulated in the Application form.
Either party may at any time change its domicilium by notice in writing, provided that the new domicilium is in the Republic of South Africa and consists of, or includes, a physical address at which process can be served.
This Contract and the Annexures to this Contract, which are incorporated in this Contract and form part of this Contract, constitute the entire understanding between the parties and supersede any previous agreement, representation or understanding regarding this subject.
A client may not rely on any representation which allegedly influenced that client to enter into this Contract unless such representation is recorded in this Contract.
Variation, cancellation and waiver
No contract varying, adding to, deleting from or cancelling this Contract and no waiver or any right under this Contract shall be effective unless reduced to writing and signed by both parties.
This Contract shall be severable, and in the event that any portion of this Contract is declared or deemed to be illegal or invalid by the court, regulatory agency or anybody having jurisdiction or competence, the remainder of this Contract shall remain valid and enforceable. In the event that any provision of this Contract should become invalid or void, the invalid or void provision shall be modified or supplemented by means of a corresponding agreement of the parties to this Contract in such manner that the economic and legal purpose of the invalid or void provision is effectuated.
This Contract shall be governed by South African Law.
In certain instances the Rubix vehicle may be owned by a third party, e.g. where Rubix has been engaged to manage school owned transport services on behalf of a particular school, in which case these Terms and Conditions, as well as the Application form and Indemnity form will apply.
CODE OF CONDUCT
What is the Code of Conduct for Students/Children Travelling on Rubix Buses?
The Code outlines expected standards of nursery, primary and high school student/children behaviour while travelling on buses so that bus travel can be a safe environment and an enjoyable experience for everyone. The Code encourages all students/children to be safe and responsible passengers (age appropriate), provides clear processes for dealing with misconduct, and outlines categories of inappropriate behaviour, consequences for students/children who misbehave and the rights and responsibilities of those involved in providing the transport service.
How can I help my children to be safe and responsible bus travellers?
Parents/Caretakers need to ensure that their children have the necessary skills and knowledge to be safe and responsible bus travellers (age appropriate) and are capable of travelling independently on the bus. You can support your children by talking about the Code to ensure that they are aware of their rights and responsibilities and the consequences of misconduct on the bus.
Who is involved in implementing the Code of Conduct?
Ensuring the safe transport of each and every child is a shared responsibility which brings together the efforts of students, their Parents/Caretakers, schools, bus drivers and onboard safety officers. If there are any bus conduct issues involving your child it is important that you cooperate with the bus staff and Rubix in discussing reported incidents of bus misconduct and in implementing agreed investigation and consequences.
As a Parent/Caretaker, you play a leading role in influencing and guiding your child’s behaviour. Therefore, your involvement in this process is essential to ensure a satisfactory resolution and to help your child understand the importance of safe and responsible bus behaviour.
What are my responsibilities under the Code of Conduct?
Parents’ and caretakers’ roles
- To actively support bus safety and compliance with all aspects of the service with their school going children.Parents’ and caretakers’ rights
- Safe and comfortable travel for their children.
- To be respected and treated fairly.
- To be consulted and to receive accurate information about the bus behaviour of their children.
- To receive all aspects of the service they have signed their children up for. Parents’ and caretakers’ responsibilities
- To ensure that their children are capable of travelling independently on the bus.
- To ensure their children have an understanding of the Code and the bus rules (age appropriate).
- To communicate respectfully with the bus driver and onboard safety officer.
- To teach their children about bus safety and consequences for misconduct.
- To demonstrate appropriate bus travel behaviours to their children e.g. enforcing the wearing of seat belts at all times.
- To advise their children where the agreed waiting areas are at their school and to be at the waiting areas on time every day.
- To co-operate with the bus driver and onboard safety officers in managing misconduct.
- To ensure the safe travel of their children to and from the school / home by contracting with a reputable transport provider.
- To be available for discussions about the behaviour of their children.
- To communicate all schedule changes in line with the T&C’s
- Timeous payment of transport and other fees in line with the T&C’s
Parents’ and caretakers’ expected behaviours
- To cooperate with the Rubix branch operating the route, in discussing behaviour incidents and in implementing any agreed disciplinary action.
- To communicate with the Rubix branch operating the route about their children’s extra mural schedules and collection requirements as well as absenteeism and to respond to phone and written communication timeously.
- To address concerns about their children’s bus travel by promptly contacting the Rubix branch operating the route so that relevant issues can be managed using the procedures outlined in the Standard Operating Procedures and Code of Conduct.
What about bullying on the bus?
Bullying is a complex societal issue which is not the responsibility of just one individual or group. Everyone, especially those who have responsibility for the care of children, need to cooperate in managing bullying. Physical bullying which affects the safety of bus travel can be easily observed and is dealt with under the Code. However, other forms of bullying, while being totally unacceptable, can be very difficult to identify as threats to passenger safety. When the bus Initial driver or On Board Safety Officer has concerns, either observed or reported, of bullying issues the Rubix management team will be advised and will then inform the parent/s of the situation.
What are the possible consequences for Students/Children not following the Code*?
Category 4: The behaviour is immediately life threatening
- Immediate termination of contract. Based on circumstances, full fees will remain due and payable in line with the terms and conditions.
Category 3: The behaviour is dangerous/destructive and highly likely to cause immediate harm to property and others
- Warning issued to stop behaviour and parent intervention required.
- Suspension of bus travel for a minimum period of 5 days to a maximum of one month. Full fees will remain due and payable.
Category 2: The behaviour is unsafe where there could be harm to property and others
- First Report – Suspension of bus travel for a period of 5 days. Full fees remain due and payable.
- Repeated incident within a 10 school week period – Further suspension of bus travel for a period of no less than 10 days. Full fees will remain due and payable.
Category 1: The behaviour is irresponsible but not likely to cause harm
- Report of single incident – Verbal warning issued to the child to stop behaviour.
- Report of repeated incidents in a single journey – Written warning to parent outlining possible refused travel.
- Repeat of same incident within a 10 school week period – Written warning to parent and 1-2 days refused travel.
What are the in-transit rules of the bus?
- To be ready with all school gear at the agreed waiting areas at the agreed time every day.
- To wear seat belts at all times.
- To not eat or drink on the bus at all times.
- To keep personal property together in their school bags to avoid it being left behind.
- To respect other children and the bus team at all times.
- No swearing.
- No bullying.
- No fighting.
- No standing up in the bus at all times whilst the bus is moving.
- To keep bags under the seat.
- No throwing things out the windows of the bus.
- No shouting out the windows of the bus whilst in transit.
- No weapons of any kind.
- To not unbuckle other passenger seat belts whilst in transit.
- To not exit the bus without permission.
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