Terms and Conditions of Use

1Introduction and acceptance

1.1These Terms and Conditions (“Terms”) govern the use of the learner transport service, website and booking system operated by HomeRun Private Transport (Pty) Ltd (registration number 2026/179872/07) (“HomeRun”, “we”, “us”, “our”).

1.2By making a booking, paying for a trip, or allowing a learner to travel on a HomeRun vehicle, the parent or legal guardian confirms that they have read, understood and accepted these Terms on their own behalf and on behalf of the learner.

1.3The booking confirmation, together with these Terms and the HomeRun Indemnity and Acceptance of Risk (“Indemnity”), forms the entire agreement between HomeRun and the parent or guardian. It is the parent’s or guardian’s responsibility to explain the rules in these Terms and the Indemnity to the learner in a manner appropriate to the learner’s age.

1.4These Terms do not limit any right a consumer has under the Consumer Protection Act 68 of 2008 or any other applicable law. Where a clause conflicts with such a right, the clause will be read so as to comply with that law.

Definitions

• Parent means the parent, legal guardian or other adult who makes a booking and accepts responsibility for the learner.
• Learner means the child travelling on a HomeRun vehicle under a booking.
• Trip means a single one-way journey on a scheduled HomeRun run (morning run, early noon run, middle run or final run).
• Departure Time means the scheduled time at which a Trip leaves a collection point, as published in the HomeRun timetable or booking confirmation.
• Collection Point means the Morning Departure Point or the designated collection point at the learner’s school.
• Morning Departure Point means Parking – Fives Futbol Club, Pinehurst Drive, Pinehurst.
• Vehicle means any bus or vehicle operated by or on behalf of HomeRun.
• Crew means the HomeRun driver and bus assistant on a Trip.
• Website means www.homerunsa.co.za and any HomeRun booking platform or app.

2The service, bookings and payment

2.1HomeRun provides scheduled, prepaid learner transport between the Pinehurst neighbourhood and the schools it services, currently Gene Louw Primary and Eversdal Primary. Routes, schools and timetables may be added to or amended from time to time and will be published on the Website.

2.2HomeRun operates under a public transport operating licence issued by the Western Cape Provincial Regulatory Entity. Vehicles are roadworthy, comprehensively insured (including passenger liability cover), and every Trip is staffed by a vetted driver and a bus assistant. Vehicles are fitted with forward- and cabin-facing dash cameras that record footage for road safety, driver training, incident investigation and dispute resolution; footage is handled as set out in clause 7.4.

2.3Bookings. All seats must be booked and paid for in advance through the Website. Bookings open one month in advance and close 2 (two) hours before the Departure Time of each Trip. A learner without a confirmed, paid booking for a specific Trip will not be permitted to board.

2.4Seat availability. Only available seats are displayed for each Trip, and a seat is secured only once payment has been successfully received. HomeRun does not overbook, and seats are allocated on a first-come, first-served basis.

2.5Booking information. The Parent must provide accurate and complete details at checkout, including their name, cell number and email address, and for each learner their name, school, class, any allergies or medical conditions, and whether they attend aftercare. The Parent must notify HomeRun promptly of any change to these details. HomeRun is not liable for any consequence arising from incorrect or incomplete information.

2.6Payment. Fares are payable in full at checkout through the secure payment gateways on the Website, PayFast or Ozow. One payment covers all Trips and seats in the cart. A booking is confirmed only once payment has cleared, whereupon the Parent will receive an e-voucher by email with a unique booking reference number. This reference number must be quoted in all queries relating to the booking or Trip.

2.7Fares and packages. Current fares and package discounts are published on the Website and are applied automatically at checkout. Trip packages are valid only for the Trips booked and paid for, may not be transferred to another family, and have no cash value. HomeRun may amend fares from time to time; amendments will not affect bookings already paid for.

2.8Cooling-off. As each booking is for transport on a specific date and time, it falls within the exemption for date-specific transport, accommodation, catering and leisure services under the Electronic Communications and Transactions Act 25 of 2002, and the standard seven-day cooling-off right does not apply to HomeRun bookings.

2.9Charter services. Private charter and holiday hire are subject to a separate written quotation and charter terms, and are not governed by these Terms.

3Rescheduling, cancellations and no-shows

3.1Rescheduling. A booked Trip may be rescheduled to another available Trip, without penalty, provided the request is made at least 12 (twelve) hours before the Departure Time. Rescheduling is subject to seat availability on the new Trip.

3.2Late changes. Requests to reschedule or cancel received less than 12 hours before the Departure Time cannot be accommodated, and the Trip will be treated as used.

3.3No show, no refund. Where a learner does not board a booked Trip for any reason — including absence from school, illness, early collection by a parent, participation in another activity, or late arrival at the Collection Point — the Trip is forfeited and no refund, credit or transfer will be given.

3.4Cancellation by HomeRun. If HomeRun cancels a Trip for operational reasons (for example vehicle breakdown, unsafe road conditions or unforeseen school closures), the Parent will be notified as soon as reasonably possible and will be offered, at the Parent’s choice, a credit for a future Trip or a refund of the fare for that Trip.

3.5School calendar. Trips are offered on school days only. Bookings should not be made for public holidays, school holidays or other days on which the school is closed. Where a school closes unexpectedly, clause 3.4 applies.

4Collection, departure and drop-off

4.1Punctuality. Learners must be at the Collection Point before the Departure Time. We recommend arriving at the Morning Departure Point at least 5 (five) minutes early.

4.2The vehicle cannot wait. Each run services more than one school and carries learners from several families on a fixed timetable. The Vehicle will depart at the scheduled Departure Time and cannot wait for any learner who is late, whether at the Morning Departure Point or at school. A learner who misses the Vehicle is regarded as a no-show under clause 3.3, and the Parent must arrange alternative transport at their own cost.

4.3Morning trips depart from one central stop only: the Morning Departure Point (Parking – Fives Futbol Club, Pinehurst Drive). The Parent remains responsible for the learner until the learner has boarded the Vehicle.

4.4Afternoon trips. The Parent must ensure that the learner knows that they are to take the HomeRun bus, and for which run they are booked. This applies equally to last-scheduled bookings. HomeRun is not responsible for a learner who is not at the Collection Point, who leaves with another person, or who was not informed of their booking.

4.5Drop-off area. Afternoon drop-offs are made at the learner’s door, provided the home address is within the Pinehurst neighbourhood. Parents who are unsure whether their address qualifies should confirm with HomeRun before booking. Where the address is outside Pinehurst group of estates, drop-off will take place at the Morning Departure Point, where the learner must be met by the Parent or an authorised adult.

4.6One address per checkout. One drop-off address must be provided per checkout. Drop-offs are made only at that address, and the Crew may not change the drop-off address on request during a Trip. Where a genuine safety or emergency reason requires a different drop-off arrangement, the Parent must contact HomeRun’s office directly (not the Crew) as far in advance of the Trip as possible; any change is at HomeRun’s discretion.

4.7Adult present at drop-off. The Parent must ensure that a responsible adult is at home, or at the Morning Departure Point, at the time of drop-off. If no one is present, the Crew will attempt to contact the Parent. The learner will remain in the care of the Crew for the rest of the run, and the Parent must collect the learner from the Crew at a point agreed with HomeRun.

4.8Timetables and waiting periods. Published times are estimates. Because each run services two schools, there may be a waiting period between collection and drop-off. HomeRun will make every reasonable effort to keep to the timetable, but is not liable for delays caused by traffic, weather, road works, school events, accidents, or other circumstances beyond its reasonable control.

4.9Live tracking and updates. The live GPS location of each Trip is shared with the Parents booked on it, and trip updates are sent via WhatsApp. Tracking is provided for convenience and may occasionally be unavailable due to network or technical issues.

5Safety, conduct and health on board

5.1Seatbelts are compulsory. Every learner must wear a seatbelt, correctly fastened, at all times while the Vehicle is in motion, as required by the National Road Traffic Act 93 of 1996. The Vehicle will not depart until all learners are seated with seatbelts fastened. Learners may not unfasten their seatbelts or leave their seats until the Vehicle has come to a complete stop and the Crew has instructed them to do so.

5.2Refusal to wear a seatbelt. A learner who repeatedly refuses to wear a seatbelt endangers themselves and others. The Parent will be notified, and HomeRun may suspend the learner from the service in terms of clause 5.6.

5.3Instructions from the Crew. Learners must always follow the instructions of the driver and bus assistant. The Crew has full authority over seating, boarding, disembarking and conduct on the Vehicle.

5.4Conduct. Learners must behave courteously and safely. The following are not permitted on the Vehicle:

• distracting the driver, shouting, or making excessive noise;
• fighting, bullying, harassment or abusive or offensive language;
• standing, moving between seats, or placing any body part or object outside a window;
• throwing objects, or tampering with doors, emergency exits, seatbelts, windows or equipment;
• smoking, vaping, alcohol, drugs or any illegal substance;
• weapons, sharp objects, fireworks, or any dangerous, flammable or hazardous item;
• animals.

5.5Food and drinks. Water bottles are welcome on board. No other food or drinks may be consumed on the Vehicle, other than treats handed out by HomeRun under clause 5.9.

5.6Suspension. HomeRun may refuse carriage to, or suspend or terminate the use of the service by, any learner whose behaviour endangers the safety, health or comfort of others, after notifying the Parent. In serious cases this may take effect immediately. Where a learner is suspended or their use of the service is terminated for misconduct, the Trip(s) actually missed as a result are forfeited and no refund will be given for them; any remaining, unused Trips already paid for under a package will be credited or refunded on a pro-rata basis, except where the misconduct caused HomeRun loss or damage, in which case HomeRun may set this off against the amount otherwise refundable.

5.7Health. A learner who is unwell, or who has a contagious illness, should be kept at home. The Crew may refuse to transport a learner who is visibly unwell, in which case the Parent will be contacted.

5.8Allergies and medical conditions. The Parent must disclose any allergies and relevant medical conditions, including epilepsy or any other condition that may require an emergency response, at the time of booking, and must keep this information up to date, including promptly notifying HomeRun of any new diagnosis, medication change, or recent episode (such as a seizure) that could affect the learner’s safety on a Trip. For a condition that may require an emergency response, HomeRun may ask the Parent to provide a short written action plan (what to look out for, what to do, and emergency contacts) for the Crew to keep on file. The Crew is not trained or authorised to administer medication, except where specifically agreed with HomeRun in writing. In an emergency, the Crew will contact emergency services and the Parent, and clause 4 of the Indemnity applies.

5.9Treats. From time to time HomeRun may hand out complimentary treats, for example on hot days, at the end of a term, or on Fridays. HomeRun will select treats that are age-appropriate and avoid obvious choking hazards (such as whole hard sweets or nuts) for younger learners, but treats are otherwise consumed at the Parent’s and learner’s own risk, and learners must remain seated with seatbelts fastened while eating, in line with clause 5.1. The Parent must inform HomeRun if their learner has any allergy, dietary restriction, or condition affecting their ability to safely eat treats (including a choking risk), or the learner may not receive treats, and HomeRun will accommodate this accordingly. See also clause 5.12 (First aid).

5.10Personal belongings. School bags, sports equipment and personal items are carried at the owner’s risk and must be stowed so that they do not block the aisle. HomeRun is not responsible for items lost or damaged on the Vehicle. Items left behind will be kept for 30 (thirty) days and may be collected by arrangement.

5.11Parents and other passengers. Only learners with a confirmed booking may travel on scheduled Trips. Parents and other persons may not board or travel on the Vehicle without HomeRun’s prior consent.

5.12First aid. Every Vehicle carries a first-aid kit, and the driver holds a basic first-aid qualification, in line with the requirements for scholar transport under the National Land Transport Regulations, 2009. In an emergency, including a choking incident, the Crew will render such first aid as they are reasonably able to and will immediately contact emergency services and the Parent. The Crew are not medical professionals or paramedics, and HomeRun does not guarantee that any particular first-aid response will prevent injury, illness or harm.

6Damage to the vehicle

6.1Liability for damage. Any person who damages a HomeRun Vehicle, or any of its fittings, seats, seatbelts, windows, equipment or livery, in any way, whether intentionally or through negligent or disorderly behaviour, will be liable for the full cost of repair or replacement. Where that person is a learner, the Parent is liable for the cost.

6.2Cost of repair. The amount payable is the actual cost of repair or replacement, as reflected in a quotation or invoice from a reputable repairer, together with any reasonable costs of towing or of a replacement vehicle incurred as a direct result of the damage. HomeRun will provide the Parent with a copy of the quotation or invoice.

6.3Cleaning. Where the Vehicle is deliberately soiled or defaced (for example with graffiti, stickers, chewing gum or spilled food), the Parent will be liable for the reasonable cost of specialised cleaning.

6.4Payment. Amounts due under this clause are payable within 14 (fourteen) days of HomeRun’s written demand. HomeRun may suspend the learner’s use of the service until payment is received, and may recover any unpaid amount through legal channels.

6.5Exclusions. This clause does not apply to normal wear and tear, or to genuine accidents such as illness on board.

7Liability, privacy and general terms

7.1Limitation of liability. To the extent permitted by law, HomeRun, its directors, employees and agents are not liable for any indirect or consequential loss, or for loss arising from delays, cancellations, circumstances beyond HomeRun’s reasonable control, or the Parent’s or learner’s failure to comply with these Terms. Nothing in these Terms excludes or limits HomeRun’s liability for death or injury caused by its gross negligence, or any liability that cannot lawfully be excluded.

7.2Insurance. HomeRun maintains comprehensive vehicle insurance, including passenger liability cover, in accordance with the requirements of its operating licence.

7.3Force majeure. HomeRun is not liable for any failure or delay in providing the service caused by events beyond its reasonable control, including severe weather, protest action, road closures, load shedding affecting traffic signals, fuel shortages, civil unrest, pandemics, or instructions from government or law enforcement.

7.4Privacy. HomeRun collects and processes personal information of Parents and learners, including names, contact details, school details, home addresses, health information relevant to safe transport (such as allergies and medical conditions), trip location data, and dash camera footage recorded on board Vehicles, solely to provide and administer the service, communicate about trips, ensure safety, and meet its legal obligations. Health information about a learner is special personal information under POPIA and is processed on the strength of the Parent’s consent, given as the learner’s parent or legal guardian, for these purposes only. This information is handled in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), is retained only for as long as reasonably necessary for these purposes (or as required by law), is shared only with Crew, service providers acting on HomeRun’s behalf (such as payment and booking platforms), and authorities where required by law, and is never sold. Dash camera footage is retained for a limited period and accessed only to investigate an incident, a complaint, or damage to a Vehicle, or where required by law. A Parent may request access to or correction of their or the learner’s information by contacting HomeRun’s Information Officer, and may lodge a complaint with the Information Regulator (South Africa) if unsatisfied with HomeRun’s response.

7.5Communication. By booking, the Parent consents to receiving booking confirmations and operational updates by email, SMS and WhatsApp. Trip updates are sent via a WhatsApp broadcast to the Parents booked on that Trip.

7.6Queries and complaints. HomeRun’s admin team is available weekdays from 10:00 to 16:00, and messages may be sent by WhatsApp at any time. If a Trip or booking does not go according to plan, the Parent is encouraged to contact HomeRun directly so that the matter can be resolved promptly and fairly. Please quote the booking reference number on the e-voucher in all queries relating to a Trip. Complaints will be acknowledged within 2 (two) business days.

7.7A new service. HomeRun is a new service and the first of its kind in the community. Processes and timetables may be refined during the first months of operation, and HomeRun appreciates Parents’ patience and feedback as the service is established.

7.8Amendments. HomeRun may amend these Terms from time to time. The current version will always be published on the Website, and the version in force at the time of booking applies to that booking.

7.9Governing law. These Terms are governed by the laws of the Republic of South Africa. If any clause is found to be invalid or unenforceable, the remaining clauses remain in full force.