PLEASE NOTE THAT THESE ARE IMPORTANT CONDITIONS LIMITING YOUR RIGHTS AND SHOULD BE READ CAREFULLY. PAY SPECIAL ATTENTION TO ALL THE TERMS PRINTED IN BOLD.
DEFINITIONS AND INTERPRETATIONS In this Rental Agreement unless the context indicates otherwise:
“Additional Driver” means any person who has signed the Rental Form as an additional driver;
“CPA” means the Consumer Protection Act 68 of 2008, including its regulations, as amended or replaced from time to time;
“Collision Damage Waiver” means that, provided the Waiver is purchased in advance, the Lessor will reduce the Liability of the Renter in respect of Damage to the Vehicle, save in respect of the circumstances set out in clause 14;
“Contract fee” means a fee which is charged for each 30 days of Rental or part thereof;
“Damage (s)” means any and all damages, costs or expenses, suffered by the Lessor, of whatsoever nature in relation to the Vehicle whilst the Vehicle was in the possession of the Renter, and includes a Total Loss where applicable. An invoice, job card, quotation or similar document produced by the Lessor shall be regarded as sufficient proof of any such damages, costs or expenditure;
“Day” means a period of 24 hours (or any part thereof), calculated from the time the Vehicle is rented by the Renter;
“Driver” means the person identified on the Rental Form as the Driver and who shall be at least 18 years old and shall hold and shall have a valid, unendorsed, and acceptable driver’s license issued in an official South African language;
“Drop fee” means a fee that shall be charged when a vehicle is returned to any location that is not the Renting Location.
“Equipment” means equipment such as, inter alia, a navigation device or an infant, child or booster seat etc. that may also be booked at the time of booking the Vehicle.
“Liability” means the amount payable by the Renter in respect of Damages to the Vehicle which shall include Total Loss where applicable;
“Infringement processing fee” means a fee which is charged, per incident, for the processing of parking, speeding, toll or other notices of infringement incurred in respect of the Vehicle whilst it is at the risk of the Renter.
“PAI Insurance Brochure” means the PERSONAL ACCIDENT INSURANCE (PAI) TERMS AND CONDITIONS, made available to the Renter on request by the Lessor’s representative, which booklet shall contain the essential terms and conditions of the personal accident insurance product;
“Lessor” means Hertz a division of Unitrans Automotive (Pty) Ltd which is a Hertz international Franchisee;
“Loss/Damage Administration Fee” means an administration fee charged by the Lessor, per incident, for the processing of claims relating to Damage or loss incurred in respect of, or theft of, the Vehicle as set out in the Rental Form;
“Parties” means the parties to this Agreement and “Party” means anyone of them as the context requires;
“Rates” means the rates payable by the Renter for the Rental of a Vehicle in terms of this Rental Agreement;
“Rental” means the renting of a Vehicle by the Renter as contemplated in this Rental Agreement;
“Rental Agreement” means the Rental Form read together with these Terms and Conditions of Rental, the PAI Insurance Brochure, warnings and instructions provided when the keys of the Vehicle are handed to the Renter and all notices sent or provided to the Renter;
“Rental Form” means the printed form to which these Terms and Conditions are attached;
“Rental Period” means the period commencing on the date and at the time at which the Driver completes the Rental Form and terminating on the date and at the time at which the Driver is required to return the Vehicle to the Lessor, and includes an extended period as contemplated in clause 3 below;
“Renter” means the person (including juristic persons) who entered into this Rental Agreement with the Lessor, and includes the Driver and, if applicable, the Additional Driver, jointly and severally;
“Renting Location” means the Lessor’s premises from which the Vehicle is rented by the Renter or alternatively any location agreed upon by the Lessor;
“Super Waiver” means that, provided the Waiver is purchased in advance, the Lessor will further reduce the Liability of the Renter in respect of the Collision Damage Waiver or Theft Protection Waiver, save in respect of the circumstances set out in clause 14;
“Theft Protection Waiver” means that, provided the Waiver is purchased in advance, the Lessor will reduce the Liability of the Renter in the event of the theft of the Vehicle, save in respect of the circumstances set out in clause 14;
“Total Loss” means an amount equal to the retail value of the Vehicle as reflected in the Auto Dealer’s guide, as published by TransUnion Auto Information Solutions or any replacement publication nominated by the Lessor, or if not reflected therein, the new list price of the Vehicle as supplied by the manufacturer, as at the date of loss, less any salvage, where Damage occurs to the Vehicle to such an extent that the estimated cost of repairs is such that the Vehicle is, in the reasonable assessment of the Lessor, uneconomical to repair in relation to the value of the Vehicle and the condition of the Vehicle, or the Vehicle is stolen;
“Tourism levy” means an amount charged to the Renter where the Renting Location is in South Africa and paid by the Lessor to the Tourism Business Council of South Africa;
“Valet fee” means an amount charged if a Vehicle requires valet cleaning
“Vehicle” means each motor vehicle described in a Rental Form as the motor vehicle which is the subject of a Rental, including without limitation all keys, tyres, tools, equipment, accessories and documents in and on the Vehicle when the Renter takes delivery of the Vehicle and includes any replacement vehicle ; and
“Waiver” means any of the Super Waiver, Collision Damage Waiver, or Theft Protection Waiver;
Words and phrases defined in the Rental Form shall have the same meaning assigned to them in these Terms and Conditions and the other way round.
No provision herein shall be construed against or interpreted to the disadvantage of a party by reason of such party having or being deemed to have structured, drafted or introduced such provision.
The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
Reference to one gender includes all the genders; and the singular form of a word includes the plural and the plural form includes the singular.
RENTAL OF THE VEHICLE
The Lessor rents the Vehicle to the Renter, who hires the Vehicle for the duration of the Rental Period, subject to the terms and conditions contained in the Rental Agreement.
TERM OF THE RENTAL AGREEMENT
This Rental Agreement commences on the commencement date as described in 1.1.16 and indicated in the Rental Form to which these terms and conditions are attached and will continue until the return date, unless terminated earlier in accordance with the provisions of this Rental Agreement.
The Renter acknowledges and agrees that:
the return date as set out in the Rental Form is the expiry date of this Rental Agreement; and
this Rental Agreement will not automatically continue after the return date.
The Renter may request an extension of the Rental Period by giving the Lessor at least 24 hours written notice prior to the return date. The Rental Period shall only be extended on acceptance by the Lessor in writing of the proposed extended period by the Lessee, and will be subject to the terms and conditions of this Rental Agreement.
The Renter may cancel this Rental Agreement before the return date by returning the Vehicle to the Lessor. The Renter will be liable to pay the Lessor:
all amounts which the Renter owes to the Lessor under this Rental Agreement at that time, which includes the usual Rates and charges applicable to the period for which the Vehicle was actually rented and/or kilometres actually travelled; and
the rates and charges as if the full rental period occurred, at the sole but reasonable discretion of the Company.
The Lessor will not be liable for any loss or damage which may be suffered by the Renter and/or any third party and/or passenger during the Rental of the Vehicle by the Renter, except to the extent that such loss or damage is occasioned by the following:
the Lessor acted with negligence or fraudulent intent;
the Lessor acted in breach of its obligations in terms of this Rental Agreement; or
the Lessor provided the Renter with an unsafe, hazardous or defective Vehicle, as contemplated in section 53 of the CPA,
Equipment: I agree and understand that
the Lessor is not responsible for any harm, damage, loss or injuries which may be suffered by the Renter and/or any third party and/or passenger during the Rental Period of the Vehicle by the Renter as a result of any misuse of Equipment rented from the Lessor;
the Lessor shall not be held liable for any harm, loss or damage caused, whether directly or indirectly, by the operation or use of any navigation device;
the Renter is liable for damaged or missing Equipment and the Renter’s liability will be the lesser of the repair value of the Equipment, if applicable, or the current retail value of the Equipment at the time of damage or loss. The option to repair damaged Equipment shall be at the discretion of the Lessor.
DELIVERY OF THE VEHICLE
Delivery of the Vehicle to the Renter shall occur at the time and at the Renting Location at which the Renter takes possession of the keys and/or the Vehicle.
The Renter, by taking possession of the Vehicle, hereby acknowledges that he has been given a reasonable opportunity to inspect the Vehicle before delivery. The Renter has inspected the Vehicle for damage to paintwork, upholstery and other visible parts of the Vehicle and confirms that:
save as recorded on the Vehicle inspection report provided to the Renter when the Renter takes delivery of the Vehicle as contemplated in clause 5.1 above, there are no defects or damage to the Vehicle and that on the date of collection the Vehicle was in good repair, running order and in roadworthy condition;
the Vehicle is fit for the purpose for which it is being hired by the Renter;
all wheel caps, the spare wheel, all tools and other accessories (the “accessories”) were all present in or on the Vehicle on the date of collection, and in good working order.
USE OF VEHICLE
During the Rental Period, the Vehicle may only be driven by the Driver and/or the Additional Driver as recorded on the Rental Form.
During the Rental Period, the Vehicle may not be used:
for the conveyance of passengers and/or goods for a reward;
to propel or tow any other vehicle, (including any caravan or trailer) unless authorised by the Lessor in writing;
on any surface other than a tarred road unless authorised by the Lessor in writing and, in the event that such permission is given, such permission will only extend to a road with an even, unbroken surface that will not damage the Vehicle and is suitable for safe operation of the Vehicle ;
for any illegal purpose of any nature whatsoever, 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 (South Africa) unless authorised by the Lessor in writing; or
in any area where there is or may be a risk of, or any activity associated with, incidents of civil unrest, political disturbance or riot.
If the Renter uses the Vehicle in breach of his obligations under clause 6, the Renter acknowledges that if it has purchased any of the Waivers in respect of such Vehicle, such Waivers may not apply in respect of any loss, theft of or Damage to the Vehicle.
The Renter shall, for the duration of the Rental Period:
make adequate provision for the safety and security of the Vehicle including keeping the Vehicle properly locked, secured and immobilised when not in use; activating the burglar alarm and vehicle tracking or monitoring system (if any); and ensuring that any anti-theft device in the Vehicle is properly secured and in place; and
take all reasonable steps to ensure that the Vehicle remains in good and safe working order, including regularly checking the oil, water and tyre pressure, immediately ceasing all use of the Vehicle (and contacting the Lessor) should the electronic diagnostics of the Vehicle indicate the presence of a fault or problem in relation to the Vehicle and undertaking reasonable inspections of the Vehicle before and after use.
The Renter will ensure that the keys of the Vehicle are under the Renter’s control at all times.
RETURN OF THE VEHICLE
The Renter must return the Vehicle, at the Renter’s expense to the Lessor at such date and time and at the Renting Location indicated in the Rental Form, or as otherwise agreed by the Lessor.
The Renter acknowledges that failure to return the Vehicle in terms hereof:
shall constitute unlawful possession by him, and the Lessor may, without prejudice to any other rights which it may have in law, institute legal action to repossess the Vehicle at the cost of the Renter; and
will result in a termination of any Waiver purchased by the Renter in terms of the Rental Form.
The Vehicle must be returned to the Lessor in the same condition as it was delivered to the Renter in terms of clause 5.2, fair wear and tear excepted. The Renter agrees to be liable to the Lessor for an amount equal to the retail fuel price then applicable for the fuel required to refill the fuel tank of the Vehicle, and for an administration charge raised by the Lessor for doing so.
When the Renter returns the Vehicle to the Renting Location, the Renter must:
park the Vehicle in the Lessor’s designated parking area;
ensure that the Vehicle is properly locked and secure;
complete and sign a vehicle inspection report together with a duly authorised representative of the Lessor. If no such report is completed and signed by the Renter, the Renter shall be deemed to have accepted the contents of the vehicle inspection report completed by the Lessor; and
return the keys to the Lessor.
In the event that the Vehicle is not returned in accordance with clause 7.4 above, the risk of loss or damage to the Vehicle will remain vested in the Renter until such time as the Lessor has recorded the return of the Vehicle.
DECLARATIONS AND WARRANTIES BY THE RENTER.
The Renter warrants and declares that:
the Renter has been given an adequate opportunity to read and understand the terms and conditions of this Rental Agreement and is aware of all the terms thereof, particularly those printed in bold. The Renter understands and accepts its risks and costs as well as its rights and obligations under this Rental Agreement;
the Renter has full power and authorisation to effect and carry out the obligations in terms of this Rental Agreement and, if the Renter is a corporate entity, association, partnership or a trust, that all necessary corporate and/or other actions were taken to authorise the execution of this Rental Agreement;
all the information the Renter provided to the Lessor in connection with the conclusion of this Rental Agreement is true, complete and accurate and the Renter is not aware of any material facts or circumstances not disclosed to the Lessor and which, if disclosed, may adversely affect the decision to enter into this Rental Agreement;
the Renter has the necessary legal capacity to enter into this Rental Agreement and is not subject to an administration order referred to in section 74(1) of the Magistrates Court Act, any sequestration, liquidation or judicial management order or any business rescue proceedings;
the Lessor did not make an offer to the Renter which would automatically have resulted in a Rental Agreement if the Renter had not declined the offer;
the Lessor has not induced, harassed or forced the Renter to enter into this Rental Agreement;
this Rental Agreement was completed in full at the time of the Renter signing the Rental Agreement;
the Vehicle will not at any time during the Rental Period be driven by any person who is not authorised to drive the Vehicle in terms of the Rental Agreement;
the Driver and Additional Driver shall be at least 18 years old and will have a valid, unendorsed, licence to drive the Vehicle;
the Driver and Additional Driver will at all times comply with all applicable laws and with the provisions of this Rental Agreement;
the Renter will inform the Lessor of any physical impairment of a person who wishes to be authorised to drive the Vehicle.
If the Renter fails to notify the Lessor of such physical impairment as contemplated in 8.1.11, the Renter will bear the full liability and responsibility for Damages in the event of an accident involving the Vehicle.
If the Vehicle is driven by anyone other than the Renter, the Driver or the Additional Driver then, without derogating from any rights or remedies which the Lessor may have, the Renter shall remain liable for all his obligations in terms of this Rental Agreement and in particular, he shall be liable to the Lessor as if he had been driving the Vehicle.
RENTAL RATES AND CHARGES
The Renter agrees to pay the Lessor the Rates plus all other charges and fees payable by the Renter as contemplated in the Rental Form or any official Hertz quote or brochure for the duration of the Rental Period, including any airport surcharge, stamp duty, Tourism levy, Contract fee and fee for open road tolling (e-tolling), .
The Renter further agrees to pay the Lessor any applicable Valet fee, Drop fee, Loss/Damage Administration Fee, Infringement processing fee and fines incurred by the Renter, Driver or Additional Driver and levied by a law enforcement agency in respect of the Vehicle whilst it is at the risk of the Renter.
Rates, charges and fees will be calculated for the whole of the period during which the Vehicle is at the risk of the Renter at the rates and on the basis set out in the Rental Form, including all taxes levied on any amount payable by the Renter.
In determining Rates applicable to the Rental, distance travelled by the Vehicle shall be determined from the Vehicle’s odometer, or if this is not possible for any reason, by the Lessor in its reasonable discretion, and the Renter shall be obliged to furnish all such information and assistance as the Lessor may reasonably require for that purpose. If the odometer has been tampered with, then the Renter shall be deemed to have travelled at least 500 kilometres per Day, or such additional mileage as the Lessor may in its reasonable assessment determine.
The Renter shall be liable for all fines, penalties, toll tariffs and like expenses arising out of or concerning the use of the Vehicle whilst the Vehicle is at the risk of the Renter.
Distance travelled and fuel used when the Lessor delivers the Vehicle to a Renting Location that is not the Lessor’s premises shall be included in the rates, charges and fees applicable to the Rental and shall be paid by the Renter.
All amounts payable to the Lessor are due and payable on demand, but at latest on the expiry of the Rental Period (unless otherwise agreed in writing by the Lessor). All amounts payable by the Renter are to be paid in the currency of the Republic of South Africa.
If the Lessor has agreed to accept payment from the Renter by the credit card or charge card specified in the Rental Form, the Renter’s signature of this Rental Agreement will constitute irrevocable authority:
for the Lessor to obtain authorisation and/or payment; and
to debit the card with the total amount due to the Lessor including any damages and/or loss suffered by the Lessor for which the Renter is liable under this Rental Agreement.
The Lessor shall be entitled to levy interest on all overdue amounts (i.e. amounts not paid on the due date as contemplated 10.1 above) at a rate of 2.0% per month, or such other maximum rate that may be prescribed from time to time in term of the National Credit Act 34 of 2005 (“NCA”). Interest shall be reckoned from the day upon which such amount becomes overdue of the amount concerned until the date of payment, both days inclusive, and shall be calculated on a compounded basis on the amount owing at the end of each month and payable on demand.
A certificate of any director, manager or accountant of the Lessor as to any amount owed by the Renter to the Lessor shall constitute prima facie proof that such amount is owing and payable and for the purposes outlined in 16.3.
RENTER’S RISKS AND LIABILITIES
The Renter assumes the risk in and to the Vehicle (fair wear and tear excepted) from the time that the Vehicle is delivered to the Renter in terms of clause 5 until such time as the Vehicle is returned to the Lessor in terms of clause 7. Except to the extent that the Lessor acted with gross negligence, fraudulent intent or in breach of its contractual obligations, the Renter shall be liable for any Damage and/or Total Loss sustained to the Vehicle while it is at the risk of the Renter, and such Damage and/or Total Loss shall be payable by the Renter immediately on demand by the Lessor or its duly authorised representative.
The Renter agrees that the Lessor may determine the party who shall repair any damage to the Vehicle and/or provide any parts or service in connection with such repair/s or provide any replacements of any lost or damaged item and that the Lessor may enter into an agreement with such party or parties.
It is specifically recorded that:
the Lessor does not act as agent in procuring the Waiver;
the Lessor gives no advice and makes no recommendations regarding the appropriateness or otherwise of any Waiver;
the Waiver is not to be regarded as insurance for purposes of the Short Term Insurance Act 53 of 1998, nor as a financial product for purposes of the Financial Advisory and Intermediary Services Act 37 of 2002;
the Renter, Driver and Additional Driver must obtain their own professional advice regarding the Waivers.
In the event that the Renter has purchased a Waiver, the liability of the Renter in terms of this Rental Agreement shall be limited to the extent and manner provided in clauses 13 and 14 with regard to such Waiver.
If the Renter purchases a Waiver as indicated in the Rental Form, his acceptance shall constitute an acceptance by him of the benefit of such Waiver and other accompanying arrangements, if any, but subject to all the terms and conditions of that Waiver. The Renter acknowledges that the Lessor shall not under any circumstances have any liability to him under or for any of the benefits under that Waiver.
WAIVER (REDUCTION) OF LIABILITIES
Provided the Waiver is purchased in advance, the Collision Damage Waiver will have the effect of reducing the Renter’s liability in respect of any Damage which occurs to the Vehicle for the duration of the Rental Period to the extent of the Liability reflected in the Rental Form in force at the time of Rental.
Provided the Waiver is purchased in advance, the Theft Protection Waiver will have the effect of reducing the Renter’s liability in respect of any theft which occurs in respect of the Vehicle for the duration of the Rental Period to the extent of the Liability reflected in the Rental Form in force at the time of Rental.
Provided the Waiver is purchased in advance, the Super Waiver will have the effect of further reducing the Renter’s liability in respect of the Theft Protection Waiver or Collision Damage Waiver, relating to any theft or Damage which occurs in respect of the Vehicle for the duration of the Rental Period, to the extent of the Liability reflected in the Rental Form in force at the time of Rental.
Provided the Collision Damage Waiver or the Super Waiver is purchased in advance, the Renter will have no liability in respect of third party claims for property damage, up to a sum of R1,000,000.00 (one million rand).
Notwithstanding any other provision of this Rental Agreement (including any Waiver), if the Vehicle is involved in any incident resulting in Damage, or if the Vehicle is stolen or lost, where the terms of the Rental Agreement have been breached by the Driver or the Additional Driver, the Renter will be liable for all damages, costs and expenses suffered or incurred by the Lessor.
LIMITATIONS IN RESPECT OF WAIVERS
The Super Waiver, Collision Damage Waiver and/or the Theft Protection Waiver does not cover:
any Damage to tyres, rims and glass;
any Damage caused by water
assessing of damages, cost of towing, transporting or storing of the Vehicle;
Damage to the undercarriage of the Vehicle;
Damage and/or Total Loss suffered:
as a result of the negligence of the Renter;
whilst the Renter is in breach of any applicable traffic laws, regulations or ordinance;
where accidents are not reported to the police within 24 hours of the occurrence ;
where an accident takes place outside the country in which the Vehicle was rented unless prior written authority for the Vehicle to be taken outside such country has been obtained by the Renter from the Lessor;
if at any time the Vehicle is driven by an unauthorised driver;
when in the reasonable opinion of the Lessor the Vehicle has been driven or used in a manner which prejudices the Lessor’s interest or rights;
where the Driver or Additional Driver was not holding a valid unendorsed drivers licence or was not at least 18 years old at the time the Damage and/or Total Loss was sustained;
where an extension of the Rental Agreement was not authorised by the Lessor and where the Rental Period has expired;
as a result of the Vehicle being driven on a road, be it tarred or not tarred, which in the reasonable opinion of the Lessor was not suitable for the Vehicle; and
where no other vehicle, animal, object or person (in or on the road surface) was involved (i.e. no physical contact was made with any of the aforementioned).
If the Lessor accepts a claim for Damage or Total Loss suffered in circumstances contemplated in 220.127.116.11 and 18.104.22.168, the Renter acknowledges and agrees that the Renter may be held liable by the Lessor for four times the Liability which is payable in terms of the relevant Waiver.
The Renter acknowledges and agrees that (save to the extent that the Lessor acted with gross negligence, fraudulent intent or in breach of its obligations under this Rental Agreement), if the Renter does not purchase any of the Waivers, then the Renter may be held liable by the Lessor for any loss suffered by the Lessor as a consequence of the Lessor being unable to rent the Vehicle due to Damages caused by the Renter or due to the Renter being in breach of the Rental Agreement. The loss for which the Renter may be liable shall be calculated on the basis of the rates indicated on the Rental Form plus 100 kilometres per day that the Vehicle was unavailable for hire subject to a maximum of 30 days.
In the event of any party (“defaulting party”) committing a material breach of any of the terms of this Rental Agreement and failing to remedy such breach within a reasonable period of time (having regard to the term of this Rental Agreement as contemplated in clause 3 above), after receipt of a written notice from the other party (“aggrieved party”) calling upon the defaulting party so to remedy, then the aggrieved party shall be entitled, without prejudice to any of its other rights in law, either to claim specific performance of the terms of this Rental Agreement or to cancel this Rental Agreement forthwith, in either case with or without claiming and recovering damages from the defaulting party.
The Renter will be liable to the Lessor for all legal costs incurred by the Lessor, as may be permissible in law, in recovering any amount that the Renter owes to the Lessor.
A certificate signed by a manager of the Lessor specifying the amount owing by the Renter and further stating that such amount is due, owing and payable by the Renter, shall be sufficient (prima facie) proof of the amount thereof and of the fact that such amount is so due, owing and payable for the purpose of obtaining provisional sentence or other judgment against the Renter in any competent court. It shall not be necessary to prove the appointment of the person signing any such certificate.
ADDRESSES FOR NOTICES
The Renter hereby chooses as the Renter’s domicilium citandi et executandi (“domicile address”) for all purposes the physical address as set out in the Rental Form. The Renter authorises the Lessor to deliver notices, statements or invoices by hand, e-mail, facsimile or post to the addresses provided in the Rental Form.
For purposes of this Rental Agreement all notices shall be in writing. Any notice given by either party to the other (the addressee):
which is delivered by hand shall be presumed to have been received at the time of delivery;
if transmitted by telefax, one hour after the time of transmission;
if sent by e-mail, on the date received by the addressee’s server;
if sent by ordinary or pre-paid registered post, 7 days after the date of posting.
A notice actually received by a party shall be an adequate notice to it notwithstanding that it was not delivered to its domicile address.
The parties may at any time by written notice vary their respective domicile addresses to any address within the Republic of South Africa.
RIGHTS TO RETURN
The Renter has the right to cancel any Rental Agreement resulting from direct marketing without reason or penalty by written notice to the Lessor within 5 (five) business days after the later of the date on which the Rental Agreement was concluded or the Vehicle was delivered to the Renter.
If the Renter returns the Vehicle for a lawful reason other than a product failure or defect, the Renter must do so as soon as reasonably possible after he became aware of such reason. Subject to applicable law, the Lessor retains the right to charge the Renter the Rates as set out in the Rental Form for use of the Vehicle during the time it was in the Renter’s possession, and for necessary restoration costs to render the Vehicle fit for re-stocking.
If the Renter wishes to return the Vehicle due to a product failure or defect, the Renter may do so immediately, and the Lessor will replace the Vehicle for the remaining term of the Rental.
GOVERNING LAW AND JURISDICTION
This Rental Agreement and all matters or disputes arising there from or incidental thereto are in all respects governed by the laws of the Republic of South Africa (inclusive of any dispute arising from the conclusion and/or the implementation and/or the cancellation thereof).
The Renter consents to the jurisdiction of the Magistrates’ Courts in the Republic of South Africa, notwithstanding the amount involved. This does not prevent the Lessor from instituting legal proceedings in a High Court in the Republic of South Africa that has jurisdiction in such instance.
No indulgence, latitude or extension of time which the Lessor may allow the Renter, shall be regarded to be a waiver of rights by the Lessor or a novation of the Renter’s liabilities under this Rental Agreement.
If any term or condition of this Rental Agreement becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Rental Agreement.
Notwithstanding anything to the contrary, the Renter explicitly authorizes the Lessor or its Agents to make use of any and all personal information provided to the company for purposes of tracking and recovering (which includes triangulation of cellular phones in accordance to the RICA Act 70 of 2002) any vehicle that is not returned to the Company at the agreed time and date reflecting on the Rental Agreement
The terms and conditions of this Rental Agreement may not be amended, changed or canceled unless it is reduced to writing and signed by both parties.
Terms of booking on this website
The rates on this website are often heavily discounted. This is due to our negotiated rates and bulk buying power. On very rare occasions, a rate may be displayed incorrectly due to our, or a vehicle supplier's error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed or cancel. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information published at any time.
To the extent permitted by law we/the owners of this website will not be liable to you or to any third party (whether in contract, tort, or otherwise) for any direct, indirect or consequential loss or damage (including but not limited to any accident, injury, delay or loss of enjoyment) arising out of your reliance upon information contained on this website, including but not limited to your use (or inability to use) any products or services described or procured through this website.
When you pick up your vehicle, you will be required to sign a rental agreement with the supplier of the vehicle. Your rental and use of the vehicle will be governed by the terms of the rental agreement and any other documentation or information provided to you by the supplier at the time you pick up your vehicle. The rental agreement is between you and the supplier and we will not be liable to you or to any third party in relation to the terms of the supplier's rental agreement or any other documentation provided to you by the supplier at the time of pick up.
While we will make reasonable efforts to ensure we are representing only reputable suppliers, we make no warranty about the fitness or suitability of any third party (supplier) product or service and will not accept responsibility for the quality or fitness of any vehicle. We welcome feedback from our customers on their experience with our suppliers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a supplier.
Our total liability to you in relation to your use of this website and the information contained on this website will not exceed the dollar amount of the deposit we have received from you in relation to your booking/rental. Refunds will not be made for bookings cancelled due to inclement weather. Again, we strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will, subject to availability, confirm your booking by emailing you a confirmation voucher and invoice.
If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
In booking on this website you acknowledge that we disclose your information to your selected Supplier in order to provide the requested rental services.
Vehicle capacity and fitness to drive
Under no circumstances are you permitted to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and we will not be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A vehicle supplier can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements. In such circumstances we will have no further liability to you.
In the event of cancellation, any deposit amounts paid at the time of booking are non-refundable.
If you are unsatisfied with our service, please contact us within 48 hours of placing your booking or request and we will work to resolve any issues and determine if compensation is due. In the event you have completed your rental and are unhappy with your vehicle, we are happy to assist you in seeking compensation from the operator of the vehicle.
This website is owned and operated by Online Republic Ltd. Our financial centre and marketing office is based at Level 4 Excelsior House, 6 Commerce St , Auckland, New Zealand. In Australia, we are based at Suite 3.01, 11 Queens Rd, Melbourne VIC 3004. Thank you for booking with us.
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