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
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