King Shaka ‘Uber row’: NCC says service provider liable for damage to property

King Shaka parking row: NCC says service provider liable for damage to property

The National Consumer Commission says - by law -  consumers cannot be held responsible for damage caused to their property once it is signed over to a service provider.

Cars
Cars/ iStock

This comes after a Durban businessperson went public with claims that his vehicle was used as an e-hailing service while left in the care of a park-and-fly long-term parking service at King Shaka International Airport in KZN. 


 


The businessperson used the service while embarking on a trip to Cape Town earlier this month.


 


The commission's spokesperson, Pheto Ntaba, said the Consumer Protection Act (CPA) puts the onus on the business providing the service.


 


"The CPA requires a supplier to (be accountable) for consumers' property. So, whatever happens is the supplier's responsibility. 


 


"As a consumer, they tell me the services that they offer; they offer space, my car will be parked in a parking shade, you will find your car clean. 


 


"So when I come back as a consumer, I expect to find my car in the exact situation that I left it with the supplier.”


 


Ntaba says the supplier is liable for any loss or damage unless it was deemed to have acted in good faith. 


 


"Let’s say, for example, there was a storm, and the car was in open parking, so the supplier has to ensure that they move the car to a safer space. However, they must communicate with the consumer.


 


"It is not correct for suppliers to take advantage of unsuspecting consumers. Consumers must read contracts offered by the suppliers diligently.”


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