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ListenUp
Terms & Conditions
ListenUp (PTY) LTD Rental Services
Effective January 1, 2026

These Terms and Conditions ("Agreement") govern the rental of audio guiding equipment and related accessories ("Rental Items") by ListenUp (PTY) LTD, with its principal place of business at 35 Woodford Ave, The Crystal, Camps Bay 8005, South Africa ("Company"), to the individual or entity renting equipment from the Company ("Renter").

By booking, paying for, or using the Rental Items, the Renter agrees to be bound by these Terms and Conditions.

1. Rental Period and Terms

1.1 Rental Period

The rental period ("Rental Period") shall commence on the mutually agreed start date and terminate on the mutually agreed return date.

1.2 Rental Day Definition

One (1) Rental Day begins at 00:00 (midnight) and ends at 23:59, unless otherwise agreed in advance and in writing by both parties. All times referenced in this Agreement are calculated in South African Standard Time (SAST).

1.3 Extensions

Any extension of the Rental Period must be agreed to in writing in advance, is subject to equipment availability, and may incur additional rental fees.

1.4 Delivery and Collection

Rental Items shall be delivered by the Company to the Renter at the mutually agreed location, date, and time.

Standard delivery and collection within Cape Town are included in the rental. Delivery or collection outside Cape Town may incur additional charges, which will be communicated in advance.

1.4.1 Failure to Accept Delivery or Collect Equipment

If the Renter fails to collect the Rental Items or is unavailable to accept delivery at the mutually agreed location, date, and time, and alternative arrangements have not been agreed with the Company, the rental may be treated as a cancellation made within forty-eight (48) hours of the commencement of the Rental Period under Section 1.5.1, and no refund will be issued.

1.5 Final Equipment Quantities, Cancellations and Changes

Final equipment quantities must be confirmed no later than forty-eight (48) hours before the commencement of the Rental Period.

1.5.1 Complete Cancellation

All cancellations must be made in writing.

A minimum cancellation charge of ZAR 500 applies to all complete cancellations.

  • More than seven (7) calendar days before the commencement of the Rental Period: A cancellation charge of ZAR 500 will apply. Any amount paid in excess of ZAR 500 will be refunded.
  • Seven (7) calendar days or less, but more than forty-eight (48) hours before the commencement of the Rental Period: A cancellation charge equal to fifty percent (50%) of the confirmed rental amount will apply, subject to a minimum cancellation charge of ZAR 500. Any remaining balance will be refunded.
  • Forty-eight (48) hours or less before the commencement of the Rental Period: The full confirmed rental amount will be charged and no refund will be issued.

If payment has not yet been received, the applicable cancellation charge remains due and payable.

1.5.2 Reduction in Equipment Quantities

  • A minimum adjustment charge of ZAR 500 applies to all reductions in confirmed equipment quantities.
  • More than seven (7) calendar days before the commencement of the Rental Period: The value of the reduction will be refunded or credited, less the ZAR 500 minimum adjustment charge.
  • Seven (7) calendar days or less, but more than forty-eight (48) hours before the commencement of the Rental Period: Fifty percent (50%) of the value of the reduction will be charged, subject to a minimum adjustment charge of ZAR 500. Any remaining value of the reduction will be refunded or credited.
  • Forty-eight (48) hours or less before the commencement of the Rental Period: No refund or credit will be issued, and the Renter will be charged for the quantity of equipment previously confirmed.

Where the value of the reduction is ZAR 500 or less, no refund or credit will be issued.

1.5.3 Increase in Equipment Quantities

If the Renter requires additional devices, the Company will be happy to accommodate the request, subject to equipment availability.

Any additional equipment will be charged at the applicable rental rate and must be paid for in full before the commencement of the Rental Period.

2. Rental Fees and Payment

2.1 Fees, Minimum Rental and Payment

The Renter agrees to pay all rental fees as specified on the Company's invoice.

Payment must be received in full no later than seven (7) calendar days before the commencement of the Rental Period, unless approved billing terms have been agreed in writing with the Company.

For bookings confirmed less than seven (7) calendar days before the commencement of the Rental Period, payment is due immediately upon confirmation.

If payment is not received by the applicable due date, the Company reserves the right to cancel the booking and release the reserved equipment for rental to other customers. Where the Company cancels a booking under this clause, the cancellation charges set out in Section 1.5.1 will apply to any amount already paid.

As payment in full is required prior to the commencement of the Rental Period, in accordance with this Section 2.1, the Company does not separately require a refundable security deposit.

A minimum rental charge of ZAR 500 applies to each rental booking.

Standard equipment preparation and setup are included in the quoted rental fee and are not charged separately unless expressly stated on the quote or invoice.

2.2 Payment Method

All rental fees, replacement costs, and other charges are payable exclusively in South African Rand (ZAR).

Payment shall be made in advance by electronic funds transfer (EFT / bank wire transfer) to the Company's South African bank account using the details provided on the invoice. Established customers may be granted approved billing terms, subject to prior written approval by the Company.

Proof of payment must be sent to the Company by email. The Company does not accept payment in foreign currency or by credit card unless expressly agreed in writing in advance.

Any bank fees, exchange-rate differences, or international transfer charges are the sole responsibility of the Renter.

2.3 Late Returns

Late returns shall be subject to additional charges calculated at the applicable daily rental rate for the Rental Items.

3. Return of Rental Items

3.1 Condition Upon Return

The Renter agrees to return all Rental Items at the predetermined return time and in the same condition as received, ordinary wear and tear excepted.

3.2 Responsibility for Loss, Theft or Damage

The Renter shall be fully responsible for any damage to, loss of, or theft of the Rental Items during the Rental Period and shall be liable for the full cost of repair or replacement, calculated in accordance with Section 3.6 where applicable.

3.3 Rental Items

Rental Items provided are listed on the packing form and may include, but are not limited to:

  • Transmitters
  • Receivers
  • Microphones
  • Charging box (also used for carrying and storing the Rental Items)
  • USB quick-charge cables
  • Lanyards
  • Earpieces, if applicable

Disposable earpieces provided for individual guest use are complimentary consumable items and are not required to be returned. Reusable earpieces and ear hooks remain the property of the Company and must be returned with the other Rental Items.

The charging box contains an internal charging cable for each transmitter and receiver. These internal cables are delicate and can become dislodged or damaged if handled roughly; the Renter shall take reasonable care when placing and removing equipment from the charging box. The USB quick-charge cables are separate, external cables that allow up to ten (10) devices to be charged at once outside of the charging box.

3.4 Verification Upon Receipt

The Renter is responsible for verifying the quantity and condition of the Rental Items upon receipt.

Any discrepancy in quantity, missing items, or visible damage must be reported to the Company promptly upon receipt. In the absence of such notification, the Rental Items will be deemed to have been received in the quantities and condition stated on the packing form.

3.5 Return Deadline

All Rental Items shall be returned to the designated return location on or before the mutually agreed return date and time.

3.6 Replacement Costs (2026)

Replacement costs for the 2026 calendar year are fixed amounts and shall be invoiced to the Renter immediately upon determination of loss or damage, with payment due within seven (7) days of the invoice date:

Replacement ItemReplacement Cost
Reusable earpieces or ear hooksZAR 50
LanyardZAR 49
USB quick-charge cable (external; charges up to 10 devices)ZAR 249
MicrophoneZAR 249
Internal charging cable (per transmitter/receiver slot)ZAR 249
ReceiverZAR 1,499
TransmitterZAR 1,999
Charging boxZAR 4,999

4. Use and Maintenance

4.1 Condition at Delivery

The Rental Items shall be delivered in good working order, fully charged, sanitized, correctly configured, and ready for immediate use. All equipment will be set to the appropriate channel(s).

4.2 Complimentary Items Provided

The Company shall provide the following items on a complimentary basis with each rental:

  • One (1) transmitter for each local guide, national guide, or speaker
  • One (1) spare transmitter per group
  • One (1) receiver for each tour manager or tour director
  • One (1) spare receiver for every ten (10) receivers rented, or part thereof, with a minimum of one (1) spare receiver per booking
  • Charging equipment for transmitters and receivers
  • Basic troubleshooting instructions

4.3 Proper Use

The Renter agrees to use the Rental Items solely for their intended purpose and strictly in accordance with any instructions provided by the Company.

4.4 Long-Term Rentals

For long-term rentals, the Renter shall be responsible for routine charging, basic maintenance, cleaning, and care of the Rental Items during the Rental Period.

4.5 End-of-Rental Service

The Company shall clean and recharge all Rental Items upon their return at the end of the Rental Period.

4.6 Faulty Equipment

If any Rental Item fails to function properly during the Rental Period through no fault of the Renter, the Company will replace the faulty item immediately and at no charge to the Renter, using the spare transmitters, spare receivers, and other backup items provided under Section 4.2 where available.

5. Liability, Insurance, and Indemnification

5.1 Assumption of Risk

The Renter assumes all risks associated with the possession, use, handling, and operation of the Rental Items during the Rental Period.

5.2 Insurance

The Company does not provide insurance coverage for loss, theft, or damage to Rental Items while in the Renter's possession. The Renter is solely responsible for insuring the Rental Items if desired.

5.3 Indemnification

The Renter agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or related to this Agreement or the use, misuse, operation, loss, or condition of the Rental Items, except to the extent caused by the Company's gross negligence or willful misconduct.

6. Termination

Either party may terminate this Agreement upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within a reasonable period, where cure is possible.

Upon termination of this Agreement for any reason, the Renter shall immediately return all Rental Items and shall remain responsible for all outstanding rental fees, charges, and costs incurred up to and including the date of return.

7. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to this Agreement shall first be submitted to mediation. If unresolved, the dispute shall be submitted to binding arbitration conducted in the Republic of South Africa, and the Renter expressly consents to such jurisdiction and venue.

8. Modifications to Terms and Conditions

The Company reserves the right to correct errors or omissions in its published materials and to amend these Terms and Conditions from time to time, including in response to changes in applicable legislation, regulation, or business operations.

Any revised Terms and Conditions will become effective upon publication on the Company's website and will apply to bookings made on or after the effective date of the revised Terms and Conditions.

Bookings confirmed before the effective date of any revision will remain subject to the Terms and Conditions applicable at the time the booking was confirmed, unless otherwise agreed in writing by both parties.

9. Entire Agreement

This Agreement constitutes the entire agreement between the Company and the Renter regarding the rental of the Rental Items and supersedes all prior agreements, understandings, or representations, whether written or oral.

10. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, civil unrest, pandemics, or government actions.

11. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Rental Items or this Agreement, even if advised of the possibility of such damages.

12. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. Data Protection

The Company collects and processes personal information provided by the Renter (including contact details and proof of payment) solely for the purposes of administering this Agreement and the underlying rental booking, in accordance with the Protection of Personal Information Act, 2013 (POPIA). The Company will not share the Renter's personal information with third parties except as required to fulfill this Agreement or as required by law.

14. No Assignment or Subletting

The Renter shall not assign, transfer, sublet, or otherwise permit any third party to use or take possession of the Rental Items without the Company's prior written consent. The Renter remains fully responsible for the Rental Items and liable under this Agreement at all times, including where possession has been given to a third party in breach of this clause.

15. Notices

All notices under this Agreement shall be in writing and delivered by email. Notices shall be deemed received on the date of delivery.

16. Contact Information

ListenUp (PTY) LTD
35 Woodford Ave, The Crystal
Camps Bay 8005, South Africa

Email: info@listenupguidingtech.com
Phone: +27 72 517 2945
Website: www.listenupguidingtech.com