TERMS AND CONDITIONS OF RENTAL
| 1. USE OF THE VEHICLE |
| 1.1 |
The vehicle may only be used for the rental period or any extended period. |
| 1.2 |
The renter and/or driver agree that any extension so noted on the company’s records would correctly reflect such extended period. |
| 1.3 |
The vehicle may only be driven by the driver or the additional driver. |
| 1.4 |
During the rental period, the vehicle may not be used |
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• for the conveyance of passengers and / or goods for reward.> |
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• to propel or tow any other vehicle, (including any caravan, trailer or boat unless authorised by the company in writing. |
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• to transport goods in violation of any custom laws or in any other illegal manner. |
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• in any motor sport or similar high risk activity.
- beyond the borders of South Africa. |
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• or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the aforegoing. |
| 1.5 |
The renter and/or driver shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the generality of the aforegoing, he shall keep the
vehicle properly locked and secured and immobilised and the burglar alarm (if any) activated and any anti-theft device in the vehicle properly secured and in place when the vehicle is
not in use. |
| 1.6 |
The renter and/or driver will make sure that the keys of the vehicle are under the renter and/or driver’s control at all times. |
| 1.7 |
The company will at all times remain the owner of the vehicle. |
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| 2. RETURN OF THE VEHICLE |
| 2.1 |
The renter and/or driver shall return the vehicle to the company on the agreed return date and at the agreed location reflected on the rental agreement. |
| 2.2 |
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 re-possess 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. |
| 2.3 |
Should the vehicle not be returned as indicated in 2.1 above, any waiver option and/or PAI cover become null and void for the whole of the contract period. |
| 2.4 |
Should the vehicle not be returned as indicated in 2.1 above, the vehicle may be reported as stolen to the relevant authorities. |
| 2.5 |
The vehicle shall be returned undamaged, in good order and in road-worthy condition, fair wear and tear accepted. |
| 2.6 |
If the renter and/or driver returns the vehicle to any renting location of the company, the renter shall : |
| 2.6.1 |
Park the vehicle where instructed or agreed |
| 2.6.2 |
Ensure that the vehicle is properly locked and secure ; and |
| 2.6.3 |
Hand the keys to an authorised representative of the company or leave the keys where agreed upon.
open for business |
| 2.7 |
The sole risk of loss or damage to the vehicle will remain vested in the renter until such time as the company has recorded the return of the vehicle |
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| 3. TERMINATION / CANCELLATION OF RENTAL AGREEMENT |
| 3.1 |
Not withstanding 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 and
the rights of the company under disagreement shall continue in full force and effect until the vehicle has been returned to the company in terms of this agreement and the renter has
complied with all his obligations. Any costs incurred in recovering the vehicle will be for the account of the renter. |
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| 4. THE RENTER/ DRIVER |
| 4.1 |
Not withstanding anything else to the contrary in clause 1.3 above the vehicle may not be driven by any person under the age of 21, and/or who has not been in possession of a valid
driver’s licence for 1 year. |
| 4.2 |
The renter and/or driver warrants that at all times the vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or
regulation or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance and that every driver of the vehicle will have a valid licence to drive the vehicle, will
comply with all applicable laws and will comply in all respects with the provisions of this agreement. |
| 4.3 |
If the vehicle is driven by anyone other than the driver and/or additional driver then, without derogating from any rights or remedies which the company may have the renter shall remain
liable for all his obligations in terms of this agreement and in particular, he shall be liable to the company as if he had been driving the vehicle; and |
| 4.4 |
The renter and/or driver warrants that he is entitled and duly authorised to enter into this agreement, that all particulars given to the company and/or recorded on the rental agreement
are true and correct. |
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| 5. RENTAL RATES AND CHARGES |
| 5.1 |
The renter and/or driver shall also be liable for all fines, penalties and like expenses including but not limited to parking, traffic and other expenses, arising out of or concerning the use of
the vehicle during the rental period and the renter accordingly indemnifies the company against all such liability. |
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| 6. PAYMENT |
| 6.1 |
All payments are due on demand, but at latest on expiry of the rental period (unless otherwise agreed in writing). 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 and/or the company requires all or any of the charges to be prepaid in advance. |
| 6.2 |
The renter shall not be allowed to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever. |
| 6.3 |
The renter remains liable for payment of all amounts due until the company is paid in full by the issuer of the card.
6.4 If the company has agreed to accept payment from the driver by credit card or charge card specified on the rental agreement, the renter’s signature on this agreement will constitute
authority for the company to obtain authorisation and/or payment. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to the
company (including but not limited to any damage and/or loss suffered by the company). |
| 6.4 |
In the event that the renter returns the vehicle to the company prior to the date 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. |
| 6.5 |
In the event of an accident and/or the vehicle is stolen and/or lost, the amount of the damages or total loss as suffered by the company is payable on demand. |
| 6.6 |
If any amount is not paid on due date, the company may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable prescribed legal rate or
prime plus 3% as charged by Nedbank Limited, whichever is the higher, and in the sole discretion of the company. |
| 6.7 |
A certificate of any Director, Manager or Accountant of the company, whose capacity need not be proved, as to any amount owed by the renter to the company shall constitute prima
facia proof of the amount. |
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| 7. PROCEDURE IN THE EVENT OF AN INCIDENT INVOLVING THE VEHICLE |
| 7.1 |
If at any time the vehicle is damaged, stolen or lost, the renter and/or driver shall take every reasonable precaution to safeguard the interests of the company including but without being
limited to, the following where appropriate: |
| 7.1.1 |
he shall notify the company immediately or within 3 hours of becoming aware of the occurrence and shall within twenty four hours of the occurrence in question complete
and furnish to the company, the company’s standard claim form together with a copy of his drivers licence. |
| 7.1.2 |
he shall obtain the name/s and addresses of everyone involved and possible witnesses. |
| 7.1.3 |
he shall not admit any responsibility or liability nor release any party from any liability or potential liability nor settle any claim nor potential claim against or by any party nor
accept any disclaimer of liability. |
| 7.1.4 |
he shall notify the police within twenty four hours of the occurrence in question and furnish the company with an accident case number. |
| 7.1.5 |
he shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstance. |
| 7.1.6 |
he shall co-operate with the company and its insurer in the investigation, the making or instituting of any claim or action and the defence of any
prosecution, claim or action relating to the incident (including the making of an affidavit if he is required to do so). |
| 7.2 |
If the renter is not the driver, then, without in any way derogating from the renter’s obligations in terms of this clause 7, the renter shall procure that the driver complies with the provisions
of 7.1 and the renter warrants that the driver will do so. |
| 7.3 |
The renter shall within twenty four hours of receipt thereof furnish to the company (and if the renter is not the driver, the renter shall also procure that the driver does) any notice of claim,
demand, summons or the like which the renter or the driver may receive in connection with the vehicle. |
| 7.4 |
The renter and/or driver warrants that the information completed in the company’s claim form as referred in 7.1.1 will be complete, true and correct in every respect. |
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| 8. INDEMNITY OF THE COMPANY BY RENTER |
| 8.1 |
Neither the company nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damages (including any loss or damages to property left or
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. |
| 8.2 |
The company, its directors, officers, employees, servants or agents are accordingly indemnified by the renter or his estate against any claim of any nature whatsoever and howsoever
arising for any damage or loss which may be instituted against it arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions. |
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| 9. JOINT & SEVERAL LIABILITY OF SIGNATORIES, RENTER AND/ OR DRIVER |
| 9.1 |
The renter and every person whose signature appears on the car rental agreement shall be liable jointly and severally for payments of all amounts due to the company in terms of or
pursuant to the rental agreement. |
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| 10. GENERAL |
| 10.1 |
The rental agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations,
warranties, promises or the like (other than the company extending the agreed return date) not recorded by the company except as recorded herein. |
| 10.2 |
If any provision of the rental agreement is found by a court of law to be invalid or void, such provision shall be severed from the remaining provisions, without affecting the remainder of
the provisions hereof. |
| 10.3 |
No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the
enforcement of any right of any party arising from this rental agreement, and no single or partial excercise of any right by any party under this rental agreement will in any circumstances
be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any party’s rights in terms of or arising from this rental agreement or
stop or preclude any such party from enforcing at any time, and without notice, strict and punctual compliance with each and every provision or term hereof. |
| 10.4 |
The renter authorises the company to insert any particulars in the agreement that are not known or are unavailable at the time of signature. |
| 10.5 |
The agreement and all matters of disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa. |
| 10.6 |
The renter further consents to the jurisdiction of the Magistrates Court, should the company, at its election, bring legal proceedings in a Magistrates Court, notwithstanding the fact that
the amount involved exceeds the jurisdiction of the Magistrates Court. The renter agrees, however, that the company in its sole and absolute discretion may institute any such action or
proceedings in any division of the High Court that may have jurisdiction. |
| 10.7 |
The renter shall not be entitled to cede any of his rights or assign any of his obligations under this agreement or to rent or part with possession of the vehicle, its tool or equipment or any
part of it |
| 10.8 |
If the company institutes any legal proceedings against the renter to enforce any of its rights under this agreement it shall be entitled to recover from the renter all the legal costs it incurs
to its own attorneys in accordance with their then usual charges and assessed as between attorney and own client including but not limited to collection commission and tracing agent
charges. |
| 10.9 |
The renter chooses the address specified on the rental agreement as his domicilium citandi et executandi (i.e. address for service of all legal process). |
| 10.10 |
The company shall be entitled to carry out a credit check on a renter with one or more credit agencies who may retain a record thereof and the company shall be entitled to record any
default by the renter with any credit agency. Such records may be made available by the credit agency to third parties, in which case the company shall not be held liable / responsible
for any repercussions such disclosure may have on the renter. The renter agrees that the company may disclose any information obtained by it as a result of the conclusion and/or
breach of the rental agreement, including personal and additional information, to any person, including a credit bureau. |
| 10.11 |
The renter acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter alia, record speed and other information relating to the vehicle
rented. The company shall be entitled to use such information (including in court proceedings) as it deems fit. |
| 10.12 |
It is recorded that this agreement is exempt from the provisions of the Usury Act (until repealed by the National Credit Act, whereafter the latter will apply) and shall be limited to a
maximum period of 90 days and are not subject to further renewal. |
| 10.13 |
Free drop and collection between 8.00 am and 8.00 pm. |
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