TERMS AND CONDITIONS OF THE RENTAL AGREEMENT
In this agreement, unless the context otherwise, the following expressions shall bear the following meanings.
“The Company”: means Springs Car Wholesalers (Pty) Ltd (Registration number: 2008/014857/07) t/a Dollar Thrifty Car Rental.
Definitions:
“The Hirer”: means the hirer and/or operator of this vehicle.
“The Rental Period”: means the period between the commencement date of the hire of the vehicle and the end date, which dates are stipulated on the face of this agreement.
“The commencement date”: being the date on which the Hirer signs the agreement with Company.
“The end date”: meaning the date on which the Company takes delivery of the vehicle from the Hirer.
“The extension of rental period”: which means an extension to the rental period as described above, which will come into effect should the vehicle not be returned to the Company for any reason whatsoever, on the end date
“The Vehicle”: is as described in this agreement as being hired with all its keys, tyres, accessories, spares, documents, equipment and tools, in and on the vehicle when the Hirer takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been officially authorised by the Company for any reason whatsoever.
“He or His”: means whenever used in reference to the Hirer. “he or his shall” , in the event of the Hirer being a firm, partnership, corporation, company trust, voluntary association or club, be deemed to refer to such firm, partnership, corporation, company, trust, voluntary association or club.
“Waiver”: means a reduction of liability in the event of accident and or theft and or loss of vehicle.
“Personal Accident Benefit”: means an optional insurance product more fully described in the brochure.
“Damages”: means any and all damages suffered by the Company, including the actual expenditure incurred in towing, transporting and/or storing the vehicle, repairing any damage (including tyre and rim damage), replacing of parts and/or accessories (without allowing for depreciation), payments made to an expert to inspect collision damage and report thereon, or any other damages, costs or expenses incurred by the Company of whatsoever nature and includes total loss where applicable.
“Additional Driver”: means any person who has been identified on the first page of rental agreement, an additional driver and who has accepted responsibility as an Additional Driver in terms of the rental agreement by signature thereof.
“Auto-glass”: all vehicle glass inclusive of mirrors and lights.
“Holding Deposit”: means a deposit held by the company on inception of the rental for all incidentals occurred whilst hiring the vehicle. The Holding deposit is subject to vehicle in a specific group and/or class.
“Vehicle Protection Plan”: Mandatory fee to cover the vehicle tracking system implemented for both the security of the Hirer and will enable location of the vehicle if and when necessary.
“Excess”: means the amount the Hirer is liable to pay for damage/ loss based on the type of Waiver selected and subject to terms and conditions of this agreement.
“Auto Dealers Guide”: means the Transunion publication containing, inter alia recommended selling prices of motor vehicles.
“Official Rates Brochure”: Means the company’s current official brochure on the rental rates and other general information issued from time to time.
“Total Loss”: (in relation to a vehicle ) means- (a) Damages where the estimated costs of repairs is such that the vehicle is in the sole and absolute discretion of the company uneconomical to repair in relation to the value of the vehicle and condition of the vehicle for the time being or, (b) When the vehicle is stolen and or lost, The amount of the total loss will be retail value as reflected in the Auto Dealers Guide or if not reflected therein, the new list price of the motor vehicle.
“Young Driver”: means any person who has been identified on the first page of rental agreement, as a young driver and who has accepted responsibility as an young driver in terms of the rental agreement by signature thereof. A young driver is a hirer who is under the minimum age of 21 (twenty one) years and is in possession of a valid driver’s license for a period of 1 (one) year. This hirer is liable for a surcharge fee. The Company rents to the Hirer, who hires the vehicle subject to the terms and conditions applicable at the time of the rental. The Hirer will be bound by these terms and conditions, whether he was driving /responsible or not. The Company rents to the Hirer the vehicle with all accessories, equipment check list may specify only some of the accessories, equipment, spares and tools, and the onus is placed upon the Hirer to ensure that the equipment check list is completed prior to taking delivery of the vehicle.
Rental
1.1 The vehicle is hired to the Hirer for the rental period as stated on the face of the agreement together with any extended period which may apply, and subject to the terms and conditions contained herein. The Hirer is obliged to request an extension of the current rental period, should the Hirer wish to do so, from the Company at least 24 (twenty four) hours prior to the termination of the current rental period. The rental period shall be extended on acceptance by the Company of the extended rental period proposed by the Hirer.
1.2 The Hirer agrees that any extension so noted on the Company’s records would correctly reflect such extended period as agreed to by the Company.
1.3 The Company reserves the right in its sole discretion to terminate this agreement at any time. Upon termination of the agreement, the Company will take possession of the vehicle and shall not be obliged to provide the Hirer with a similar or alternative vehicle under this or any further agreement.
1.4 Notwithstanding anything to the contrary contained herein, the Company shall be entitled in its sole and absolute discretion to terminate this agreement at any time by notice (verbally/in writing) to the Hirer, whereupon the Hirer shall immediately return the vehicle to the Company. In the event of such failure to return the vehicle to the Company, the Company shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Hirer and the rights of the Company shall continue in full force and effect until the vehicle has been returned to the Company in terms of this agreement and the Hirer has complied with all his obligations. Any costs incurred by the Company to retrieve the vehicle will be for the account of the Hirer.
1.5 The Hirer may not terminate this agreement prior to the end date in respect of the rental period, without the prior written consent of the Company, which consent shall be requested within a reasonable time from the Company. Should the Company approve the reduction in the rental period, the Company is not obliged to grant the Hirer a reduction on, remission or refund of any change for early termination
Rental Charges Payable
2.1 The Hirer undertakes to pay the Company all charges incurred in respect of rental, plus any and all additional charges and miscellaneous services, which may arise from this agreement.
2.2 The Hirer will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
2.3 The rental fees payable shall include, but not be limited to the following:-
2.3.1 A daily charge out rate as described in the “Thrifty Car Rental Brochure” which the Hirer is deemed to have read, calculated on a 24 (twenty four) hour basis from the time the vehicle is delivered to the time the vehicle is returned and or alternatively collected;
2.3.2 The excess waiver charged, where applicable in terms of this agreement;
2.3.3 All payments in respect of rental and any other charges levied in terms of this agreement, together with any taxes, are due and payable on demand, and at the latest on expiry of the rental period. The Hirer shall not set off or withhold payment of any amounts due to the Company in terms of this agreement for any cause whatsoever;
2.3.4 The following fees and charges will become applicable to the Hirer for and on rental of the vehicle, if and when applicable:-
2.3.4.1 Mandatory charges include but are not limited to a contract fee, drop off fees, vehicle protection plan, compulsory damage waiver and the holding deposit;
2.3.4.2 Upon election of Hirer but the fees are not limited hereto: additional driver.
2.3.5 The minimum age of the Hirer is 21 years. The Hirer further confirms that he is over the age of 21 (twenty one years) and has had a valid driver’s license for a period of more than 2 (two) years,
2.4 The Hirer shall be liable to pay a traffic fine and/or administration fee levied in respect of such a traffic fine issued in respect of the vehicle, (whilst in the possession of the Hirer). The Hirer hereby authorises the
Company to disclose any information required by a relevant authority to process any such traffic fine and/or penalty which is incurred during the rental period.
2.5 The Hirer shall be liable to pay an accident/damage administration fee levied in respect of either an accident and or alternatively damages to the Company’s vehicle or third party vehicle and or property, caused by the Hirer during the rental period.
2.6 Vehicle keys and locks which are lost/damaged shall be reported to the Company as soon as possible. The new key and lock set shall be purchased from the Manufacturer (appointed) by the Company and cost of replacement and cost of fitment shall be for the Hirer’s account. If the key is locked inside the vehicle, the costs of a reputable locksmith to retrieve the key shall be for the Hirer’s account.
2.7 In the event of an accident and/or if the vehicle is stolen and/or lost, the amount of the damages and/or total loss as suffered by the Company, is payable by the Hirer immediately on demand by the Company or its duly authorised representative.
2.8 Should the vehicle be confiscated by the police or any such authorities due to fault on the part of the Hirer, The Hirer will be held liable for the full new list price of the vehicle as stipulated in the Auto Dealers guide.
Availability of vehicles
3.1 All makes and models requested by the Hirer are subject to the availability of vehicles within the fleet of the Company.
3.2 The Company reserves the right to provide a similar or alternative make and/or model of vehicle to the Hirer without prior notice.
The Hirer’s obligations in terms of this agreement
4.1 The Hirer, driver or the additional driver, may utilise the vehicle for the rental period or any extended period, as agreed to by the Company.
4.2 The Hirer is responsible for the care of the vehicle while in his possession and shall ensure that sufficient engine coolant, oil and fuel are maintained and that the tyre pressures and wheel alignment remain in the same state as on the date of delivery and or collection of the vehicle to the Hirer. The onus rests on the Hirer to ensure that the correct fuel type for the vehicle is used when refuelling during the hire period.
4.3 The Hirer is obliged to ensure that the vehicle is secured and protected at all times, and is retained in a secure place when the vehicle is not in use. The Hirer is obliged to ensure that the alarm and any security devices are activated at all times, and that all doors and windows are locked and/or secured. The Hirer is obliged to ensure that he shall not cause or allow the vehicle to be neglected, abused, damaged or modified in any way.
4.4 The Hirer is obliged to ensure that all vehicles are driven on a public road at all times. The Company reserves its right in its sole discretion to restrict the use of the vehicle in certain areas where there is concern due to adverse road conditions, weather conditions and/or political unrest or any other condition.
4.5 The Hirer shall not cause or permit the vehicle to be driven unlawfully or illegally or to be used for any unlawful purpose, or a purpose for which it was not designed, or in such a way to increase the risk of being
damaged, lost to be overloaded.
4.6 The Hirer is not permitted to use the vehicle outside of the borders of the Republic of South Africa or Namibia, (without prior written consent obtained from the Company) unless the Company has consented thereto
in writing.
4.7 The Hirer shall not hire or lend the vehicle to anyone, or permit the vehicle to be in the possession or control of anyone other than the Hirer or the operator as stated on the face of this agreement. In the event the Hirer has hired the vehicle for a period in excess of 20 (twenty) plus days, as referred to in the Thrifty Car Rental brochure, the Hirer shall return the vehicle to the Company at the Company’s premises, as stipulated on the face of this agreement, at the termination of this contract, alternatively at any time sooner at the request of the Company. In the event that the Hirer has hired the vehicle for an extended rental period, the Hirer shall return the vehicle to the Company at the Company’s premises for its mechanical services, at the intervals of 15 000km (Petrol Vehicles) or 7500km (Diesel Vehicles) or every 6 (six) months, whichever event occurs first.
4.8 The Hirer will not drive the motor vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance, nor will he permit any operator to drive the vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance.
4.9 The Hirer’s speed is regulated at a maximum of 60km 60 (sixty) kilometres per hour on a gravel/dirt and or dirt road irrespective of road signs. The Hirer will not exceed the speed limit of 120 km per hour on all national roads or as indicated by road signs.
4.10 The Hirer shall, in the event of the vehicle being involved in an accident or being stolen, report such incident to the local police and the Company within 24 (twenty four) hours irrespective of third party involvement. The hirer shall provide the Company with the relevant case number and complete all prescribed documentation fully and truthfully. The Hirer is obliged to assist and co-operate with the Company in investigating and finalising such incident or any dispute that may arise from this.
4.11 During the rental period, the vehicle may not be used, inter alia:- for the conveyance of passengers and or goods for reward, to propel or tow any other vehicle, (including any caravan or trailer) unless authorised by the company in writing, to transport goods in violation of any customs laws or in any other illegal manner, in any motor sport or similar high risk activity, beyond the borders of the republic of South Africa unless authorised by the company in writing, or in any area where there is or may be a risk of incidents of civil unrest, political disturbance and/or riots or any activity associated with any of the aforegoing.
4.12 The Hirer will ensure that the keys of the vehicle are under the Hirer’s control at all times.
4.13 The Company will at all times remain the sole owner of the vehicle.
Authorised Drivers
5.1 The Hirer, by signing this agreement, warrants that he and/or “any authorized driver” has an unendorsed and valid driver’s license which remains valid for the full period of the rental undertaken.
5.2 In the event that the Hirer is not a South African/Namibian citizen, or does not have a valid South African/Namibian driver’s license, must in such event, produce a valid international driver’s license, The vehicle may only be driven by the Hirer and any authorised driver disclosed to the Company and approved at the time of conclusion of this agreement, and the Hirer undertakes that all such person/s authorised to drive the vehicle will comply with all applicable laws and will comply in all respects with the provisions of this agreement.
5.3 The Hirer warrants that at all times the vehicle will not be driven by any person authorised in terms of this agreement to drive the vehicle, whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or narcotic drugs or similar substance.
5.4 The Hirer warrants that he will inform the company of any physical impairment of a person who wishes to be authorised to drive the vehicle, if that physical impairment may prejudice the Company in any way if the vehicle has not been adapted to accommodate the physical impairment. Should the Hirer fail to notify the Company of such physical impairment, the Hirer will bear the full liability and responsibility for damages in the event of an accident despite any waiver elected.
5.5 If the vehicle is driven by anyone person/s other than the Hirer, then, without derogating from any rights or remedies which the Company may have, the Hirer 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,.
5.6 The Hirer warrants that he is entitled and has the capacity to enter into this agreement that all particulars given to the Company and/or recorded on the rental agreement are true and correct.
Risk
6.1 The vehicle is hired to the Hirer by the Company at the sole risk of the Hirer, from the date and time of delivery and/or collection of the vehicle to him, until such time as the vehicle is returned to the Company’s premises. In the absence of any written notification from the Hirer to the Company to the contrary, the vehicle is deemed to be delivered to the Hirer by the Company, free of any damage of whatsoever nature, and in good order and repair.
6.2 The Company will not be held liable for any damages sustained or further liability which the Hirer incurs as a result of hiring the vehicle, from any cause arising whatsoever, whether negligently or otherwise. The Company is not responsible for any defect of any nature whatsoever in the vehicle at the time of hire, alternatively, any defect that may arise during the rental period.
6.3 The Hirer indemnifies the Company against any claim by any person/s for any damage of any nature whatsoever arising, as a result of any incident involving the vehicle, whether as a result of the Company’s negligence or otherwise. The Company shall not be liable for any damage arising out of any defect in, or mechanical failure of the vehicle, nor for any indirect damages, consequential loss, loss of profit or any other damages which the Hirer or operator, or any other third party transported in the vehicle may suffer, arising out of this agreement.
6.4 The Hirer confirms no representation or warranty has been made by the Company with regard to defects in delivery time, condition quality, and state of repair, performance capability, fitness or suitability for any purposes, of the vehicle.
6.5 The Hirer’s sole risk of loss or damage to the vehicle shall remain vested in him, until such time as the vehicle and all accessories, equipment, spares and tools of the vehicle are returned to the Company undamaged, in good order and roadworthy condition, fair wear and tear
6.6 Neither the company nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including, without limitation, any loss or damage 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 Hirer 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 Hirer and/or any third party and or passenger.
Damage waiver or theft waiver
7.1 The Hirer is obliged to accept cover from the Company in respect of a Waiver Protection package, and can elect between STANDARD WAIVER or SUPER WAIVER as contained in the Dollar Thrifty Car Rental Terms and Conditions. All vehicles hired from the Company are hired subject to acceptance of a minimum of the compulsory Standard Waiver option.
7.2 The excess amount applicable to the STANDARD or SUPER WAIVER respectively, is contained on the front page of this Rental Agreement for the rental period and is subject to the Terms and Conditions of this agreement.
7.3 The hirer shall be liable for any and all loss/damage of, or to the vehicle sustained by the Company, arising from any cause whatsoever, subject to the excess payable, as described in the front page of this Rental Agreement, where applicable.
7.4 In the event of the vehicle being stolen or considered beyond economical repair, the replacement value will be the retail value as contained in the Mead & McGrouther’s Auto Dealers Guide as at the time of such loss. In the event of such vehicle being less than (1) one year old, the cost thereof shall be the retail value of a new vehicle. All accessories, spares, equipment and tools will be replaced as new.
7.5 The Company reserves the right to withhold a replacement vehicle from the Hirer, this election is at the discretion of the Company and the Hirer will have no right of recourse and or claim, in monetary or otherwise, against the Company when this election is exercised.
7.6 The Company , in its sole and absolute discretion, reserves the right to entertain a third party claim, Any breach of the Terms and Conditions contained in the Rental Agreement by the Hirer, will result in the Hirer being deemed fully liable for all third party claims occurring as a result thereof.
7.7 The Company reserves the right to appoint its own independent motor assessor to assess damages where such damage exceeds R10 000.00. This right shall be exercised within 72 (seventy-two) hours of the damage or loss occurring and the report made available to The Hirer immediately. The Hirer may at its own expense appoint an independent assessor of their choice subject to submission of their assessors report within 72 (seventy-two)
7.8 In the event that the Hirer appoints their own assessor where damages exceed R10 000.00 per claim, the assessment must be completed within 72 (seventy-two) hours of the damage/loss occurring and the report be made available to the Company immediately. Should the assessment not be completed within the 72 (seventy two) hour period, the Hirer will be held liable for all rental charges until such time that as the assessors report is received by the Company.
7.9 The Company has their own Auto Body Repair facilities and the Hirer agrees that all vehicles damaged in terms of this agreement, will be repaired at these facilities or alternatively at an approved service provider appointed by the Company. The Company further reserves the right to have all vehicles with damages less than R10 000.00 per claim, repaired without having such damages assessed by an independent motor assessor.
7.10 In the event that a vehicle is deemed to be beyond economical repair and is written off as determined by a qualified motor assessor, the vehicle will remain the property of The Company and will be sold as salvage. Any return on the sale of such salvage shall be deducted from the retail value of such vehicle as contained in the Mead & McGrouther’s Auto Dealers Guide at the time of loss, the balance of which will be deemed payable to the Company by the Hirer within 30 (thirty) days. In the event that salvage remains unsold, the Company will calculate the value of the salvage at the retail value of such vehicle at the time of loss, less 20%.
7.11 In the event of the vehicle being stolen or considered beyond economical repair, the replacement value will be the retail value as contained in the Mead & McGrouther’s Auto Dealers Guide as at the time of such loss. In the event of such vehicle being less than (1) one year old, the cost thereof shall be the retail value of a new vehicle. All accessories, spares, equipment and tools will be replaced as new
7.12 In the event that a vehicle is stolen and the Hirer’s insurers only consider such vehicle stolen after 30 days, the Hirer will be liable for all rental charges during this period, irrespective of the initial rental period.
7.13 Notwithstanding anything in this agreement, the Company shall not be obliged to make, institute or proceed with any claim, which the company may otherwise have had against a third party for the recovery of any loss and/or damage to or in connection with the vehicle and accordingly, the Company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
Standard waiver
Upon acceptance of the Standard Waiver for collision, damage or theft, the Hirer agrees to pay the excess applicable in respect of any damage and / or loss suffered from any cause whatsoever, subject to the following exclusions, in which event the Hirer will be held liable for payment in terms of this agreement:-
(a) Hirer or drivers negligence;
(b) Where no other vehicle, animal, alternatively object, was involved in causing the damage or loss suffered;
(c) Where the vehicle was driven in conditions in which, alternatively under which, the hirer restricted same;
(d) Where damage and/or loss is sustained to tyres and /or rims and /or hubcaps and or glass/auto-glass of the vehicle;
(e) In the event of a collision which is not reported within 24 (twenty four) hours as required;
(f) Where the vehicle was driven in or to a country and /or area, for which written approval was not obtained from the Company;
(g) Where the Hirer and /or the driver are under 21 (twenty one) years of age;
(h) Where a non-designated driver/s have caused the loss and/or damage;
(I) Where the damage and / loss is sustained as a result of civil unrest, riot, war or political unrest;
(j) Where the damage and / loss is sustained by water and under-carriage damage or either;
(k) Unauthorized salvage and/or towing and/or release fees.
(l) Where the damage and /or loss is sustained to the tyres, rims, hubcap, and glass/auto-glass
(m) Contravention or breach of any term of this rental agreement by Hirer or additional driver.
(n) Damage and/or total loss sustained where the driver or additional driver was not holding a valid unendorsed drivers license at the time of the damage and/or loss sustained.
(o) Any loss or damage where there is misrepresentation, non-disclosure or mis-description of fact or circumstances in connection with a claim in terms of this rental agreement.
For the purpose of this Agreement the following will be deemed negligent:
(a) Vehicle overturned in single vehicle accident.
(b) Driving into/hitting inanimate objects (trees, pillars, poles, barriers, parked vehicles etc.)
(c) Driving into oncoming traffic.
(d) Reversing into any object/vehicle.
(e) Hitting Driving into another vehicle from behind
Super waiver
Upon acceptance of the Super Waiver for collision damage or theft, the Hirer accepts to pay the excess applicable in respect of any damage and/or loss suffered from any cause whatsoever, subject to the following exclusions, in which event he will be held liable for payment in terms of this agreement;-
(a) Hirer or drivers negligence;
(b) Where the vehicle was driven in conditions which, alternatively under which the Hirer restricted same;
(c) Where no other vehicle, animal, alternatively object, was involved in causing the damage or loss suffered
(d) In the event of a collision which is not reported within 24 (twenty four) hours as required;
(e) Where the vehicle was driven in or to a country and/or area, for which written approval was not obtained from the Company;
(f) Where the vehicle was driven on a road that is not recognized by Government as a public road or provincial road which would include game parks;
(g) Where the Hirer and /or driver are under 21 (twenty one) years of age;
(h) Where a non designated driver/s have caused the loss and /or damage;
(i) Where damage and/or loss is sustained as a result of civil unrest, riot, war or political unrest;
(j) Where the damage and /loss is sustained by water and under-carriage damage;
(k) Unauthorized salvage and /or towing and /or release fees;
(l) Where the damage and /or loss is sustained to the tyres, rims, hubcaps and glass/auto-glass
(m) Contravention or breach of any term of this rental agreement by the Hirer or additional driver.
(n) Damage and/or total loss sustained where the driver or additional driver was not holding a valid unendorsed drivers license at the time of the damage and/or loss was sustained.
(o) Any loss or damage where there is misrepresentation, non-disclosure or mis-description of fact or circumstances in connection with a claim in terms of this rental agreement.
For the purpose of this Agreement the following will be deemed negligent:
(a) Vehicle overturned in single vehicle accident.
(b) Driving into/hitting inanimate objects (trees, pillars, poles, barriers, parked vehicles etc.)
(c) Driving into oncoming traffic.
(d) Reversing into any object/vehicle.
(e) Hitting another vehicle from behind
Personal accident benefit
10.1 For the purposes of this agreement , it is recorded that the Company does not act as an agent in procuring insurance product/s for and on behalf of the Hirer and that neither the Driver, nor the additional driver are the clients of the Company in relation to the procuring of any Insurance Product, the Company gives no advice and makes no recommendations regarding the appropriateness or otherwise of the insurance product to the Driver, Hirer or the additional driver, and the Driver, Hirer and additional driver has received their own professional advice regarding the insurance product.
10.2 If the Hirer elects to purchase the insurance product as indicated on the front page of the rental agreement, his acceptance shall constitute an acceptance by him of the benefit of such insurance product and or accompanying arrangements, if any, but subject to the terms and conditions of that Insurance product. Furthermore the Hirer acknowledges that the Company shall not under any circumstances have any liability to him under or for any of the benefits under the insurance product. Factual details of the insurance product are contained within the Insurance Brochure and which will be made available to the Hirer on request at the place at which he has taken delivery of the vehicle
Declining Waivers (applicable only to account hirer’s)
11.1 In the event that The Hirer declines The Company’s damage and loss waivers, it is recorded that the Hirer shall assume all risk of loss, damage and destruction or otherwise in and to the vehicle, upon delivery of any vehicle. The Hirer shall provide The Company with proof of Full Comprehensive insurance cover on an official Insurance Company letterhead from The Hirer’s insurer with clear reference to the period of cover and specific reference that this insurance will cover short and medium term car rental with no limits to the vehicle value.
11.2 The Hirer therefore unconditionally and irrevocable confirms that it declines all waivers and insurance offered by The Company. The Hirer shall at any stage during the term of this agreement be entitled to, upon one month’s written notice to The Company, accept the waivers and insurance offered.
11.3 The Hirer further agrees unconditionally and irrevocably that it accepts all risk of loss, damage and destruction or otherwise in and to third party vehicles and or property and that The Hirer assumes all liability with regards to any third party claim against The Company as a result of this agreement.
Procedure in the event of an accident involving the vehicle
12.1If at any time the vehicle is involved in an accident, damaged, stolen and/or lost, the Hirer shall take every reasonable precaution to safeguard the interest of the Company including but without being limited to, the following where appropriate, as failure to adhere to the latter will result in the Hirer being liable for the full and/ortotal loss.
12.2The Hirer shall notify the Company immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence complete and furnish to the Company, the Company’s standard claim together with a copy of his/her drivers license.
12.3The Hirer shall obtain the name(s) and addresses of everyone involved and of witnesses,
12.4The Hirer shall not admit or claim responsibility or liability nor release any party form liability or potential liability nor settle any claim or potential claim against or by any part nor accept any disclaimer of liability.
12.5 The Hirer shall report all incidents and/or theft and/or damage regardless of the value or nature to the police within 24 hours after its occurrence and the Hirer shall furnish to the Company a reference, case or docket number. 12.6 The Hirer shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances and will retain possession of the keys at all times.
12.7 The Hirer will co-operate with the company and its Insurer in any investigations, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to any accident, theft or damage (including, inter alia, deposing to an affidavit or giving evidence in court he/she is requested to do so)
12.8 If the Hirer is not the Driver or Additional Driver, then, without in any way derogating from the Hirer’s obligations in terms of this agreement, The Hirer shall ensure the Driver or Additional Driver complies with the provisions of this agreement and the Hirer warrants that the Driver or Additional shall do so.
12.9 The Hirer shall within 24 hours of receipt thereof furnish the Company (and if the Hirer is not the Driver or Additional Driver, the Hirer shall also procure that the Driver or Additional Driver does receive or make available to the company any notice of any claim, demand, summons or the like which the Hirer or Driver may receive in connection with the vehicle.
12.10 The Hirer warrants that the information completed in the Company’s claim form as referred to in this agreement will be complete, true and correct in every respect
13.1 The Hirer shall return the vehicle, at the Hirer’s expense to an authorized representative of the Company at such time and location as agreed to by the Company.
13.2 The Hirer acknowledges that failure to return the Vehicle in terms hereof shall constitute illegal possession by Him/Her, and the Company may repossess the Vehicle, wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by the Company to retrieve the Vehicle will be for the account of the Hirer.
13.3 Should the Vehicle not be returned as indicated above, any Waiver option and/or personal accident benefit cover in terms will become null and void.
13.4 Should the Vehicle not be returned as indicated above, the Vehicle may be reported as stolen to the relevant authorities.
13.5 The Vehicle shall be returned to the Company in the same condition as received, that being undamaged, in good order and in a roadworthy condition, fair wear and tear excepted.
13.6 When the Hirer returns the Vehicle to any renting location, The Hirer shall:
13.6.1 Park the Vehicle in the Company’s reserved parking, and
13.6.2 Ensure that the vehicle is properly locked and secure, and
13.6.3 Hand the keys to an authorized representative of the Company or leave the keys in a drop safe provided at the offices of the Company, when the offices are not open for business.
13.7 In the event that the Vehicle is not returned in accordance as set out above, the sole risk of loss or damage to the Vehicle will remain vested in the Hirer until such time as the Company has recorded the return of the Vehicle.
13.8 It is the responsibility of the Hirer to ensure that the Vehicle is fully re-fuelled when returning the Vehicle, failure to do so will result in the Company refueling and charging the Hirer for the fuel
General
14.1 This document contains the entire agreement between the parties, and the Company shall not be bound by any undertakings, representations, warranties, promises, or like not recorded herein. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.
14.2 No variation, alteration, or addition to, or omission from this agreement will be of any force or effect, unless reduced to writing and signed by all parties.
14.3 The Hirer chooses domicilia citandi et executandi at the address stated on the face of the agreement. The Company’s domicilia citandi et executandi is 17 Sim Road, Pomona, Kempton Park, 1619, Republic of South Africa.
14.4 The parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act 32 or 1944, notwithstanding the subject matter or cause of action involved, or in the event that the claim may exceed the jurisdiction of the Magistrate’s Court.
14.5 This agreement will be governed by the interpreted in accordance with the laws of the Republic of South Africa or Namibia.
14.6 A certificate signed by any director, manager or other senior employee of the Company (whose capacity and authority need not be proven) shall be prima facie proof of any amount owing by the Hirer to the Company.
14.7 The Hirer may not withhold the return of the Vehicle to the Company for any reason whatsoever, and any delay in returning the vehicle shall be deemed to be an extension of the rental period, the Hirer will be liable for any and all charges levied in respect of such extension.
14.8 In the event that the Company incurs expenses in recovering any monies due to it from the Hirer or any other person arising from this agreement, the Hirer will be iable for any costs and expenses incurred in doing so, on the attorney and own client scale, including but not limited commission and tracing fees.
14.9 If the Hirer is not the driver, then and in that event, without in any way derogating from the Hirer’s obligations in terms of this agreement, the Hirer and the Driver/s shall be liable to the Company, jointly and severally, in solidium for all and any amount owing under or in terms of this agreement, including but not limited to damages, which can arise from time to time.
14.10 The Hirer hereby consents and authorizes the Company or its nominated representative to undertake any enquiry the Company deems fit about the Hirers credit and or criminal record with any credit bureau, credit agency and/ or other third party to confirm details of the Hirer as and when the need arises.
14.11 The Hirer 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.