Standard Terms and Conditions of Rentals
 

THESE ARE IMPORTANT CONDITIONS LIMITING YOUR RIGHTS AND SHOULD BE READ CAREFULLY

1. Read Carefully

1.1 Rentals rates are determined by the car type, length of rental and additional services required e.g. delivery and collection but not limited.
1.2. All vehicles are hired subject to standard terms and conditions.
1.3. Terms and conditions may change from time to time without notice.
1.4. Rental beyond stipulated time must be authorized.  Should the vehicle not be returned on stipulated time, the renter shall bear all the risks and costs on the vehicle?
1.5. Minimum rental charge is a period of 24 hours.
1.6. All rates quoted are subject to availability of vehicles.  Company reserves the right to change vehicles.
1.7. The vehicle may be used only for legal purposes.

2. Definition

2.1Claims administration fee: an administration fee, reflected on the rental agreement, charged in all instanced where a claim needs to be processed i.r.o. any damage whatsoever, loss of or theft of the vehicle.

2.2Day: means a period of 24 hours, calculated from the time out as reflected on the rental agreement.

2.3 Driver: means such person who is reflected on the rental agreement as being duly authorized by the company to drive the vehicle.

2.4 Additional driver: means such person who, in addition to the driver, is reflected on the rental agreement as being duly authorized by the company to drive the vehicle. 

2.4 Damages: In relation to the rentered vehicle means the actual expenditure in towing, transporting and storing the vehicle, repairing any damage including tyre and rim damage, replacing parts or accessories without allowing for depreciation, remunerating an expert to inspect collision damage and report thereon, and reimbursing such as expect (an invoice job card or quotation produced by the company to be prima facie proof of any such expenditure) or any other charges incurred related to an incident of whatsoever nature, and includes a total loss when applicable.

2.5 Rental agreement: means the rental agreement issued by the company to the renter and signed by the renter and which will have the effect of a legal binding agreement between the parties and includes these standard terms and conditions;

2.6 Liability: includes the amounts reflected in the rental agreement, or on the rates information pertaining to the non-waiver able amount chargeable in the event of damage, loss and/ or theft.

2.7 Extended period: means any extension of the rental period beyond the agreed return date reflected on the agreement and authorized by the company.  

2.8 The rental period: means the period between the date the vehicle is taken by the renter and the determination date and time as specified on the rental agreement or if such period is extended, the time and date entered on the company’s records.

2.9 The renter: the persons, natural or juristic, jointly and severally, whose name appears on the rental agreement?

2.10 The vehicle: the vehicle described in the rental agreement including all keys, tyres, tools, equipment, accessories and documents in and on the vehicle when the renter takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been officially authorized by the company, whether or not such replacement was authorized or approved by the renter.

2.11 Traffic fine administration: means an amount levied by the company as determined by it from time to time to administer any traffic fines incurred by the renter whilst renting the vehicle.
Total loss means damages to the extent that an estimated cost for Repairs to such vehicle is uneconomical in relation to the value of the vehicle.

2.12 Waiver
Total loss means theft or when vehicle is lost
Theft, loss accidents must be reported to the police immediately where ever possible.
Minor damages must be reported to the company ASAP damages to
Renting location means where keys or a vehicle was handed over to the renter.

2.13 Waiver: means a reduction of liability of the renter in the event of an accident/ theft/ or loss of the vehicle.

Consent Clause:  This allows

The renter hereby consents that, and authorizes the rental company or agent to, at all times:-

  • Contact, request and obtain information from any credit provider (or potential credit provider) registered credit bureau relevant to an assessment of the behavior, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the renter;
  • Furnish information concerning the behavior, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the tenant to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding the renter’s dealing with the service provider or landlord.          

         
3. Rental of the vehicle:  The company rents to then renter, who hires the vehicle subject to the terms and conditions as set out herein.  The renter will be bound by these terms and conditions, whether he was driving or not.

3.1 Termination/cancellation of rental agreement: Notwithstanding anything to the contrary contained in this agreement, the company shall be entitled to terminate this agreement without any explanation at any time by notice (oral or in writing depending on the situation) to the renter and/or driver, whereupon the renter shall return the vehicle to the company forthwith.  In the event of failure to return the vehicle to the company, the company shall be entitled at any time to retake possession of the vehicle, wherever found and from whosoever has possession thereof.  The obligations of the renter has compiled with all the obligations.  Any costs incurred in recovering the vehicle will be for the account of the renter.                

3.2 Delivery of the vehicle: Delivery of the vehicle takes place at the time the renter and/or driver and/or his representative takes possession of the keys and/or the vehicle at the renting location. The vehicle shall be deemed to have been delivered in good condition and repair without any damages to the paintwork, upholstery and accessories unless such damage is recorded in writing and signed by both parties under vehicle condition in the rental agreement or the rental vehicle condition report.  Any damage not so recorded will be for the account of the renter.
In the context of this agreement unless otherwise:

3.3 The use of the vehicle: the vehicle may only be utilized for the rental period or any extended period.  The renter and/or driver agree that any extension so noted on the company’s records would correctly reflect such extended period.  The vehicle may only be driven by the driver or the additional diver.  During the rental period, the vehicle may not be used for the conveyance of passengers and goods.
 
3.4 Return of the vehicle: The renter and/or driver shall return the vehicle, at the renter’s expense to an authorized representative of the company on the agreed return date and at the agreed renting location reflected on the rental agreement.  The renter and/or driver acknowledges that failure to return the vehicle in terms of this agreement shall constitute unlawful possession by him, and the company may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof.  Any costs incurred in recovering the vehicle will be for the account of the renter.  Should the vehicle not be returned as indicated above, any waiver option and/or PAI cover become null and void for the whole of the contract period?  Should the vehicle not be returned as indicated above, the vehicle may be reported as stolen to the relevant authorities?

4. Consequential damages: (waivers declined)
In the event of the renter and/or the driver does not opt for any the waivers offered by the company, the renter will be liable, in addition to any other amount provided for in the rental agreement, for damages suffered by the company in consequence of its being unable to rent the vehicle, which damages will be calculated on the basis of the contracted daily rates on the rental agreement or on the official rates brochure plus kilometers per day for the period  that the vehicle was inoperative, limited to a maximum of thirty days.

5. Contract fee: a once-off fee, charged per rental to cater for inter alia storage fees of original documents reflected on the rental agreement.

6. Payment: All payments are due on demand, but at latest on expiry of the rental period.  All charges payable by the renter shall be paid by credit card or in cash on the termination of the rental period unless the renter has a valid account with the company.
In the event that the renter returns the vehicle to the company prior to the due dates on the rental agreement, the renter shall pay, at the discretion of the company either the usual rates and charges applicable to the period and/ or kilometers actually used, or the rates and charges as if the full rental period and/or kilometers occurred.  In the event of an accident and/or if the vehicle is stolen and/or lost, the amount of the damages or the total loss as suffered by the company is payable on demand. If any amount is not payable on due dates, the company may without prejudice to any rights its may have, charge interest on the overdue amount at the applicable prescribed legal rate or prime plus charges.

7. Jointly and several liability of signatories, renter and/or driver: the renter and every person whose signature appears on the car rental contract shall be jointly and severally for all amount due to the company in term of or pursuant to the renter agreement.

8. Procedure in the event of an accident involving the vehicle.
If at anytime the vehicle is damaged, stolen or lost, the renter and/ or driver shall take every reasonable precaution to safe guard the interest of the company including but  without being limited to, the following where appropriate:

8.1 He shall notify the company immediately or three hours becoming aware of the occurrence and shall within 24hours of the occurrence in question complete and furnish to the company, the company’s standard claim form together with a copy of his driver license.

8.2 He shall obtain the name(s) and address of everyone involved and of possible witnesses.

8.3 He shall notify the police within 24 hours of the occurrence in question and furnish the company with an accident case number.

8.4 He shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances;

8.5 He shall co-operate with the company and its insure in the investigation, the making or institution of any claim or action and the defense of any prosecution, claim or action relating to the incident including the making of an affidavit if he/she requested to do so.

9. Indemnity of the company by renter: Neither the company nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including any loss or damage to property left of transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, consequential or otherwise arising from the rental by  the renter of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of the company to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict (including negligence or gross negligence) or otherwise, which may be suffered by the renter and/or any third party and/or passenger.
The company, its directors, officers, employees, servants or agents (“it”) are accordingly indemnified by the renter or his estate against any claim of any nature whatsoever and howsoever arising for any damages or loss which might instituted against it arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.

10. The rates may exclude

    • Insurance
    • Contract fee (once off)
    • Fuel (if returned empty)
    • Pick and drop-off fees.
    • Any other additional expenses (e.g. baby seat e.t.c)
    • Traffic fine administration fee
    • Delivery &collection.
    • Claims administration
Terms & Conditions
2007 © Copyright Protected Last Updated : 30-Aug-2007