Terms and conditions
1.DEFINITIONS:
In this agreement, unless the context indicates otherwise, the following expressions shall bear the following meanings:
1.1 'the COMPANY', 'us' and 'we' means 'THE RENTAL OPERATOR AND/OR ANY OF ITS SUBSIDIARIES AND/OR RELATED ENTITIES OR BUSINESSES and more particularly including their COMPANY referred to in the top right-hand corner of the Rental Agreement to which these terms and conditions are attached'.
1.2 'the HIRER' or 'you' means the renter as defined in the Rental Agreement to which these terms and conditions are annexed.
1.3 'the AUTHORISED DRIVER' means you and/or the driver and/or the additional driver as stipulated in the Rental Agreement.
1.4 'the VEHICLE' means the vehicle/s identified in this document or any other replacement vehicle provided to you by us (including the vehicle documents, keys, tyres, tools and accessories supplied with the vehicle).
1.5 'the RENTAL PERIOD' means the period between the 'Date out' and the 'Due Date back', as specified in the Rental Agreement, or if such period is extended, the time and date entered on our records.
1.6 'the OFFICIAL RATES' means our rates as charged from time to time and/or in terms of the official rates published and amended from time to time, applicable to the vehicle rented in terms of this agreement and which are available at any of our offices.
1.7 'ACCESSORIES' include one jack and handle, one spare wheel and spanner, one set of triangles, one spare wheel, one lockable fuel tank cap and keys, and any other additional accessories listed on the Rental Agreement and / or on the vehicle's digital inspection sheet.
1.8 'PERSONS' includes any natural person or legal entity. Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa.
1.9 'RENTAL AGREEMENT' is the facing page of this document headed 'Rental Agreement' and the entire agreement is comprised of the Rental Agreement, these terms and conditions, the vehicle's digital inspection sheet, and any other document brought into existence in accordance with these terms and conditions.
2. DELIVERY OF VEHICLE AND COMPLETION OF HIRE
2.1 The vehicle shall be at your sole risk from the date and time of delivery of the vehicle until the vehicle is returned to us. You undertake to return the vehicle undamaged, in good order and in a roadworthy condition, fair wear and tear excepted. The onus is on you to inspect the vehicle immediately upon delivery to ensure that the vehicle is free of any defects and is not damaged/scratched, and your failure to do so and to report same to ourselves shall result in the vehicle being deemed to be in good condition, order and repair and you shall accordingly be liable for all and any damages to the vehicle and the related charges therefore.
2.2 You shall return the vehicle, on the expiry or termination of this agreement, at your expense to our authorised representative at the Depot at which you took delivery, or such location as agreed to by us
and confirmed in this document, entered into on our records. You acknowledge that failure to return the vehicle in terms of this agreement shall constitute illegal possession by you, and we may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Should we need to incur costs in order to retake possession of the vehicle, such costs will be for your account.
2.3 Upon returning the vehicle to us, as set forth in 2.2 above, you shall be obliged to: 2.3.1 park the vehicle in our reserved parking;
2.3.2 ensure that the vehicle is properly locked and secure;
2.3.3 hand the keys of the vehicle to an authorised representative of ours at our offices are not open for business;
2.3.4 leave the keys in a drop safe provided for at our offices, where the offices are not open for business;
2.3.5 the sole risk of loss or damage to the vehicle shall remain vested in you until such time as we have recorded the return of the vehicle;
2.3.6 in the event that the vehicle has a tracking device installed, all and or any information obtained by us from such device shall be prima facie proof of all readings and recordings in respect of such vehicle and we shall be entitled to use such readings in any legal proceedings upon mere production thereof. You bear the onus of disproving the validity of any such reading.
3. USE OF VEHICLE
You warrant that:
3.1 All information given by you to us is true and correct.
3.2 You, and/or the authorised driver are over the age of 23 years and hold a valid, unendorsed driver's license for the vehicle class rented for a minimum period of 3 years, you have not been convicted of any criminal offence which resulted in the endorsement or cancellation of such driving license, and you will not drive the motor vehicle under the influence of alcohol or any other substance that would impair your ability to drive.
3.3 You are not physically prevented from safely operating the vehicle.
3.4 Only you or the authorized driver/s may drive the vehicle.
3.5 You will lock the vehicle and activate any burglar alarm or protection system installed in the vehicle when same is not in use and ensure that the keys of the vehicle are properly controlled, kept either on your person and/or in your safe custody.
3.6 The vehicle shall not be used or driven for the conveyance of persons or property for hire, in contravention of or in breach of any law, in any race, speed test or contest, or on roads not properly constructed, or unsuitable for the use of this type of vehicle.
3.7 The vehicle shall not be used or driven in any way which would constitute a breach of any law and/or any of the provisions of this agreement.
3.8 You shall at all times display an absolute duty of care towards us in respect of this vehicle, in that you shall ensure that the vehicle shall only be used on suitable roads and conditions as in accordance with the type of vehicle hereby rented.
3.9 The vehicle has been rented on the basis that you are not a tour operator or agent, representative for us. You further warrant that the vehicle is being used for leisure travel and not for the conveyance of passengers, or freight, or for reward and is not rented for the purposes of a cross-border road transport, as defined by the said Act.
3.10 Neither you nor any third party is allowed to use the vehicle in contravention of any Customs and Excise Act.
3.11 You will not take the vehicle into any area or on any road where there is a risk that the vehicle may be damaged, stolen or lost through civil disturbance, riot or any act of political unrest.
3.12 You will not use this vehicle to tow any vehicle or trailer unless specifically authorised thereto and unless the vehicle is specifically fitted with an appropriate tow hitch and towbar.
3.13 The vehicle will not be taken outside the Republic of South Africa, except with our prior written permission.
3.14 Should the vehicle be driven over 150 kmh as determined by our speed monitoring systems connected to the vehicle, the following penalties shall apply:
3.14.1 The first breach over the speed of 150kph - no penalty shall apply
3.14.2 The second breach over 150 kph – you shall be charged a penalty of R5000.00
3.14.3 The third breach over 150 kph – you shall be charged a penalty of R10 000.00 and the vehicle shall be immediately returned to us alternatively it will be impounded by us wherever the vehicle may be.
4. DEPOSIT, PAYMENTS & REFUNDS
4.1 All prices include VAT unless stated otherwise. You undertake to pay on demand as in clause 4.7 below unless credit is granted, such to be confirmed in writing, in which event payment of any account rendered will reach our Head Office not later than thirty (30) days from the date of statement for the month during which credit was granted.
4.2 Where a special rate, discount or commission was negotiated in respect of a transaction or transactions of hire, and where payment has not been received in accordance with the terms of this agreement, we reserve our right to charge the full rate prevailing at the time of the hire for the period of the hire.
4.3 We shall be entitled, in our sole discretion, to allocate the deposit paid by you to any amount owing by you to us at any time for any reason whatsoever. By your signature to this agreement, you hereby authorise the allocation of any such deposit to any such amount outstanding.
4.4 You agree to pay us, immediately, upon demand:
4.4.1 the vehicle rental rates as set out in the Rental Agreement and/or in terms of our official rates, whichever may be applicable;
4.4.2 Fuel is not included in the hire rates. The vehicle is delivered to you with a full tank of fuel at the inception of the rental. If you do not refuel the vehicle on return, our rental system will bill an
estimated cost of refuelling to your hire invoice. A top-up surcharge is billed to all rentals in which the vehicle has not been refueled upon return.
4.4.3 all traffic fines administration fees (as per clause 10.19 below), e-toll surcharges/admin fees per toll transaction, rental admin fees, taxes, charges, stamp duties, levies, legal costs and tolls payable by us to any third party arising out of your use of the vehicle;
4.4.4 all and any costs (including but not limited to) towing charges, losses or damages and charges incurred by us in procuring the return of the vehicle to us as per clause 2.2 above;
4.4.5 in the event that the vehicle is not returned on the return date, all amounts that would have been payable by you in terms of this agreement if the rental period had been validly extended to the actual date of return of the vehicle to us;
4.4.6 all costs incurred by us in repairing any damage of any nature whatsoever to the vehicle and any loss or damages suffered by us as a result of theft, fire, abuse of the vehicle and/or negligent/reckless driving or any other cause whatsoever;
4.4.7 such valet charges as may be levied for the cleaning of the vehicle;
4.4.8 any administration fee after an accident, including any assessor's fee, traffic offense, toll handling fee that might be levied by us;
4.4.9 any amount for which you are liable in respect of loss or damage following an accident irrespective of by whom the accident was caused and who was negligent in respect of the collision or loss;
4.4.10 a fuel top-up levy will be charged on all vehicles that are not returned with a full tank.
4.5 If we have agreed to payment from you by credit card or charge card, your signature to this agreement shall constitute authority for the issuer of the call cards to immediately debit you with the total amount agreed upon, inclusive of all costs and charges of whatsoever nature, arising out of the terms of this agreement.
4.6 All additional charges as indicated in the Rental Agreement shall be payable by you. All charges may be debited to your credit card from such authorisation and/or deducted from any deposit paid. These amounts shall be non-refundable, until such time as we have raised all charges payable in terms of this agreement. Any balance then owing shall immediately be refunded/released to you.
4.7 You shall pay all amounts payable by you under this agreement to us, on demand, and if any payment is not made on its due date, then we may, without prejudice to any of our rights, in addition to administrative charges and penalties.
4.8 Invoices for vehicles that are returned after 17h00 will only be concluded the following morning after the vehicle has been double-checked.
4.9 Deposits on vehicles rented in excess of seven (7) days shall be banked and refunded only after the vehicle has been returned and cleared. Any adverse exchange rate fluctuation shall be borne by you.
4.10 It is your responsibility to ensure that all amounts due under this agreement are settled in full and on time. Failure to pay in full may result in the outstanding balance being handed over for collection. You acknowledge that adverse credit reporting, including listing on ITC or other credit bureaus, may occur, and you will remain liable for the full outstanding amount, including collection fees, legal costs, and any associated charges.
4.11 Acceptance of Debit Cards:
4.11.1 Debit card payments are permitted, subject to the following conditions:
4.11.2 Available for all self-pay customers, including Website, Walk-Up, Enterprise Holdings Inc. (EHI), and Broker bookings.
4.11.3 A single payment covering the rental amount and the deposit must be processed at the time of vehicle collection.
4.11.4 All payments must be processed via 3D Secure (3Ds) for enhanced security.
4.11.5 Debit card payments will attract a 5% administrative fee, applied to the daily rental value (maximum R1000).
4.11.6 Deposits for debit card payments will be higher than those for credit cards, with amounts determined by vehicle class as per the prescribed deposit schedule.
4.11.7 Debit card rentals require a higher deposit, particularly on weekends.
4.12 Card Usage:
4.12.1 Only one debit card may be used per rental transaction.
4.12.2 The debit card used for the booking must also be presented at the time of vehicle collection. Split payments or multiple cards are not permitted.
4.12.3 The same debit card must be used for both booking and collection (for website reservations).
4.12.4 The card must display the name of the customer collecting the vehicle, except in cases of authorized business cards.
4.12.5 Only one rental is allowed per debit card at a time.
4.13 Refunds:
4.13.1 Refunds for debit card transactions will be processed within 7 to 10 working days after the DBR (Damage Billing Review) process has been completed and the final invoice has been issued.
4.13.2 In the event of an accident or damage claim, the full deposit amount will be retained until the claim has been finalized.
4.14 Credit Checks:
4.14.1 Debit card users are required to pass a credit check with a minimum score of 550.
4.14.2 Customers from outside Africa are exempt from the credit check requirement but must pass a 365ID verification and provide proof of a confirmed return flight.
4.15 Vehicle Class Restrictions:
4.15.1 Debit card payments are restricted to vehicle groups up to and including IFAR. Rentals requiring higher-class vehicles are not eligible for debit card payments.
4.16 Higher Deposits for Weekend Rentals:
4.16.1 Rentals booked with a debit card for collection on Fridays, Saturdays, or Sundays will require a higher deposit compared to the applicable weekday deposit for debit card payments.
4.17 Rental Extensions:
4.17.1 Debit card transactions do not allow rental extensions.
4.17.2 Long-term rentals must be renewed in-branch on a monthly basis.
5. YOUR ACKNOWLEDGEMENTS
You acknowledge that:
5.1 The vehicle, its appurtenances and accessories were in good working order and repair at the time that it was received by you.
5.2 The radiator, oil reservoirs and fuel tank were full to capacity.
5.3 The kilometre indicator on the vehicle was operating correctly.
5.4 The tyres were of good tread and condition.
5.5 You inspected the vehicle thoroughly at our premises and you have reported any purported defects in the vehicle to us immediately upon and/or prior to taking delivery from the company as recorded in the vehicle's digital inspection sheet.
6. DAMAGE
6.1 You will be fully liable for any damages caused to the vehicle including, but not limited to, damage by potholes, dust storms, hail, gravel and/or sand roads. Any of your or a third party's property or apparel, damaged, lost or stolen is not covered by us and no attachment/trailer shall be utilised with the vehicle unless agreed upon by us.
6.2 Should the kilometre indicator (odometer) malfunction or stop working, you will immediately return the vehicle to us for repair and furnish us with all details of the use of the vehicle to enable us to reasonably assess the distance covered.
6.3 All speedometers and odometers are sealed. If it is found that the speedometer or odometer has been tampered with, you will be charged the equivalent of 500 kilometres per day during the existence of this Rental Agreement, to which shall be added the original kilometres driven. In addition, if the speedometer or odometer is tampered with, you will be charged with fraud.
6.4 If the vehicle is impounded, you are liable for all costs and damages incurred by us as a result thereof. This includes, but is not limited to:
6.4.1 the hire and related charges from inception of this agreement to release of the vehicle to us;
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