TERMS AND CONDITIONS
1. DEFINITIONS:
In this agreement, except where the context indicates otherwise, the following words shall bear the following meanings:
"BROCHURE" means the pamphlets and the Passport and rates sheets published by us containing our current tariffs from time to time;
"EXCESS WAIVER" means a reduction of liability in the event of an accident / theft and/or loss of the VEHICLE;
"PERSON" includes any juristic and natural PERSON, the singular includes the plural and one gender includes the other were applicable;
"RENTAL PERIOD" means the period between the "Date Out and Time Out" and the "Date In and Time In" as specified on the RENTAL AGREEMENT or, if such period is extended, the time and date entered on our records;
"THE CUSTOMER" and/or "THE RENTER" means the PERSON named as such on the RENTAL AGREEMENT whether acting personally or in my representative capacity, jointly and severally;
"VEHICLE DAMAGE/S" means all DAMAGES to our vehicle of whatsoever nature and howsoever arising caused by me or the driver through the negligent driving of the VEHICLE or otherwise and includes but is not limited to DAMAGES which are economical or uneconomical to repair;
"VEHICLE" means the VEHICLE referred to on the RENTAL AGREEMENT and the documents, keys, tools and tyres of the said VEHICLE and all accessories supplied with the VEHICLE or any substitution VEHICLE in terms hereof;
"ADDITIONAL DRIVER" means such a person who, in addition to the driver, is reflected on the rental agreement as being duly authorized by the company to drive the vehicle;
"AUTO DEALERS GUIDE" means: Mead & McGrouther's publication containing inter alia, recommended selling prices of motor vehicles;
"CARS2RENT" means the company, Registration Number 2012/007791/07, duly registered in term of the laws of the Republic of South Africa as well as its licensees and sub-licensees, that rent the VEHICLE and / or the SPECIAL EQUIPMENT and is also referred to as we and / or us;
"CLAIMS ADMINISTRATION FEE" means: An administration fee, reflected on the rental agreement, charged in all instances where a claim needs to be processed i.e. any damage whatsoever, loss of or theft of the vehicle;
"COMPANY" C 2 RENT CC, Registration Number 2005/030082/23 duly registered in terms of the laws of the Republic of South Africa as well as its licensees and sub-licensees;
"CONTRACT FEE" means: a once-off charge per rental to cater for inter alia storage fees of Original Documents reflected on the rental agreement;
"DAMAGES" (in relation to the vehicle) means the actual expenditure in towing, transporting and storing the vehicle, repairing any damage (including tyre and rim damage), replacing parts or accessories (without allowing for depreciation), remunerating an expert to inspect collision damage and report thereon, and reimbursing such expert (an invoice, job card or quotation produced by the company to be prima fade proof of any such expenditure) or any other charges incurred related to an incident of whatsoever nature, and includes a total loss when applicable;
"DAY" means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the rental agreement;
"DRIVER" means such person who is reflected on the rental agreement as being duly authorized by the company to drive the vehicle;
"EXTENDED PERIOD" means any extension of the rental period beyond the agreed return date reflected on the agreement and authorized by the company;
"LIABILITY" includes the amounts reflected in the rental agreement, or on the rates information brochure pertaining to the non-waiver able amount chargeable in the event of damage, loss and/or theft;
"RENTAL AGREEMENT" means the rental agreement issued by the company to the renter and signed by the renter and which will have the effect of a legal binding agreement between the parties and includes these standard terms and conditions;
"RETURN DATE" means the date stated on the RENTAL AGREEMENT on which the VEHICLE must be returned by you to us;
"SPEACIAL EQUIPMENT" means GPS unit inclusive of its accessories and /or baby seat;
"THE OFFICIAL RATES BROCHURE" means the company's current official brochure on rental rates and other general information issued from time to time;
"The renting location" means: the company's location from which the vehicle is rented by the renter alternatively any location agreed upon by the company;
"THE SINGULAR SHALL INCLUDE THE PLURAL AND VICE VERSA, PRONOUNS OF ANY GENDER SHALL INCLUDE THOSE OF THE OTHER GENDER AND NATURAL PERSONS SHALL INCLUDE LEGAL AND JURISTIC PERSONS AND VICE VERSA."
"THE VEHICLE" means: the vehicle described in the rental agreement including all keys, tyres, tools equipment, accessories and documents in and on the vehicle when the renter takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been officially authorized by the company, whether or not such replacement was authorized or approved by the renter;
"TOTAL LOSS" (in relation to a vehicle) means: The amount of the total loss will be the retail value as reflected in the AUTO DEALERS GUIDE 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;
"TRAFFIC FINE ADMINISTRATION FEE" means: an amount levied by the company as determined by it from time to time to administer any traffic fine(s) incurred by the renter whilst renting the vehicle;
"VEHICLE ABUSE" means any act of obvious disregard to the mechanical and general condition of the vehicle by driving the vehicle in a way that is contrary to a reasonable driver of the vehicle under the same circumstances.
"WAIVER" means a reduction of liability of the renter in the event of an accident/theft/and or loss of the vehicle.
INTRODUCTION
CARS2RENT CC let and you hire the VEHICLE for the RENTAL PERIOD at the rate as stipulated on the RENTAL AGREEMENT and/or if no rate is stipulated then the rate stipulated on the RATE SHEET and/or the rates on the BROCHURE is applicable.
2. DELIVERY
2.1 Delivery of the vehicle takes place at the time the renter and/or driver and/or his representative takes possession of the keys and/or vehicle at the renting location, the delivery place is as specified on the RENTAL AGREEMENT;
2.2 If the VEHICLE is not available for delivery on the time specified on the RENTAL AGREEMENT, THE RENTER shall not hold THE COMPANY responsible and/or have any claim against THE COMPANY, a refund of any amount paid may be applicable but only under the discretion of THE COMPANY;
2.3 If the specified deposit is not made, delivery may be refused.
2.4 In accordance with the DAMAGE CHECK SHEET, the vehicle shall be deemed to have been delivered in good order and without any damage to any physical, material and/or other accessories (any damage not so recorded on the DAMAGE CHECK SHEET and/or other writing will be for the account of THE RENTER).
3. USE OF VEHICLE
3.1 The vehicle may only be used for the rental period and/or any extended period as stipulated in the RENTAL AGREEMENT;
3.2 The renter and/or driver and/or additional driver agree that any extension so noted in the RENTAL AGREEMENT would correctly reflect such extended period;
3.3 The only person allowed to drive the vehicle may only be the driver and/or the additional driver;
3.4 During the rental period as agreed upon in the RENTAL AGREEMENT you shall not: cause or permit the odometer to be tampered with; cause or permit the VEHICLE to any towing, repairs or servicing to be done to the VEHICLE unless authorised by us in writing; cause or permit the VEHICLE to be driven on a road/s not suitable for the VEHICLE; cause or permit the VEHICLE to be driven unlawfully or illegally or to be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being DAMAGED or lost, or to be overloaded; cause or permit the VEHICLE to be exposed to the risk of DAMAGE in or by any civil or public disturbance or unrest; cause or permit the VEHICLE to carry any passenger or goods for reward or for racing; or to be used for any other purpose than your transportation and those within your party; hire or lend the VEHICLE to anyone for any reason whatsoever; permit the VEHICLE or the keys to be in the possession or control of anyone other than the driver and or additional driver;
3.5 You shall take the responsibility on yourselves the driver and/or additional driver to ensure all precautions are made to protect the VEHICLE from including but not excluding theft and/or DAMAGE and/or other and shall take the responsibility to lock and immobilise the VEHICLE and activate the burglar alarm at all times even when the VEHICLE is not in use;
3.6 In the event when the vehicle keys as lost or locked in the VEHICLE, you must report the event to us and same will be retrieved at your expense.
3.7 You shall immediately report all collisions, accidents, theft or loss of or involving the VEHICLE, should it occur, within 24 hours of the aforementioned event; you shall report the event to us and the police and/or traffic department immediately; you shall gather all information regarding the event and all involved parties and give your full support to us when completing all documents required by us and/or our insurers.
3.8 You shall remain liable for all you obligations in terms hereof and the RENTAL AGREEMENT even if the VEHICLE is driven by anyone other than you, and/or the additional driver.
3.9 We have the right to terminate the rental at any stage. We can repossess the VEHICLE at any time if you are in breach of the RENTAL AGREEMENT.
3.10 The normal wear and tear of TYRES will be for the account of C2R CARS 2 RENT; hence the renter and/or the driver and/or the additional driver will be liable to replace the damaged TYRES as a result of abuse.
4. RETURN OF THE VEHICLE
4.1 The return of the vehicle is at the expense of the renter and/or driver and/or additional driver and aforementioned shall return the vehicle undamaged and in the same state as on the DAMAGE CHECK-OUT SHEET to an authorized representative of the company and on the agreed return time and date and at the agreed location as agreed in the RENTAL AGREEMENT;
4.2 Failure to return the vehicle by the renter and/or driver and/or additional driver in terms of the RENTAL AGREEMENT shall constitute unlawful possession, and the company may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Any costs incurred in recovering the vehicle will be for the account of the renter and/or driver and/or additional driver;
4.3 The renter and/or driver and/or additional driver shall be the sole risk carrier from the date of delivery up and until the VEHICLE is returned to us.
4.4 When the keys are placed in the drop off safe or agreed upon place as a result of the designated return location being closed or any other agreement, the parked VEHICLE shall remain the sole responsibility to the renter and/or driver and/or additional driver until we have recorded the return thereof.
4.5 Should the vehicle be left and any damage to it occur from the time the driver and/or additional driver and or responsible person leave the vehicle at the agreed upon location and until the company receives and inspects the vehicle the company shall exercise sole discretion as to whom and to what extent responsibility for the damage will be applicable.
4.6 Should the vehicle not be returned as indicated above, the act shall constitute illegal possession of the vehicle and same may be reported stolen to the relevant authorities;
5. TERMINATION/CANCELLATION OF THE RENTAL AGREEMENT
5.1 The company shall be entitled to terminate this agreement and/or other agreements without any justification at any time by notice, whether it be in writing or by orals communication to the renter and/or driver and/or additional driver,
5.2 If the company terminate or cancel this agreement and/or any other agreement, the renter and/or driver and/or additional driver will have the sole responsibility to return the vehicle in terms of clause 4 in this agreement
5.3 In accordance of clause 4 of this agreement the responsibility of the renter and/or driver and/or additional driver and the rights of the company under this agreement shall continue in full force and effect until the vehicle has been returned.
6. THE RENTER/DRIVER
6.1 Notwithstanding clause 3.3 you confirm that you have a valid and endorsed driver's license and have had such, for not less than two years or are above the age of 26;
6.2 We have the right to verify that your license has been validly issued and that we may refuse to rent a VEHICLE to you, if your license has been:
6.2.1 suspended, revoked or restricted in any way;
6.3 An additional driver is authorized only if you pay an additional driver charge and that person has a valid and unendorsed driver's license and is above the age of 26:
6.4 In the event of the driver being younger than 26 years of age, the following will apply:
6.4.1 between 23 and 26 years: an additional excess charge of R300 per day will apply;
6.4.2 under the age of 23 years: an additional excess charge of R600 will apply
6.4.2 We can refuse to rent a VEHICLE to you if you are under the age of 23 years.
7. RENTAL RATES AND CHARGES
7.1 The renter and/or driver and/or additional driver agrees to pay the company all agreed upon rates as per the RENTAL AGREEMENT plus all other additional expenses, whether specified in this agreement or not, occurring whilst the vehicle is the responsibility of the renter and/or driver and/or additional driver during the RENT PERIOD specified in the RENTAL AGREEMENT and including but not limited to claims administration fee, traffic fine administration fees, all fines, penalties, parking, traffic and other offence costs, insurance excess etc;
7.2 The company has the sole discretion when determining the rental charges, the distance travelled by the vehicle, where required, shall be determined from the vehicle's odometer, or if this is not possible for any reason, by the company in its sole discretion, on any other fair and reasonable basis and the renter shall be obliged to furnish all such information and assistance as the company may reasonably require for that purpose;
7.3 If the odometer has been tampered with, then the kilometres travelled will be deemed to be 500 kilometres per day and will be prosecuted for criminal action
7.5 As per clause 6 the company shall levy a young driver surcharge where the renter and/or driver and/or additional driver is younger than 26 years of age and is subject to change without notice.
8. PAYMENT
8.1 The company may on demand or at latest on expiry of the RENTAL PERIOD request that all payments due be paid in full; The company will receive payment in forms of credit card (renter's signature is compulsory), charge card (renter's signature is compulsory), cash or EFT (proof of payment is compulsory); No cheques will be accepted; The signature mentioned above in clause 8.1 will also constitute authority for the issuer of the card to debit him with the total amount due to the company
8.2 THE RENTER will not withhold payment of any amounts due in terms of this agreement for any reason whatsoever;
8.2.1 In the event of THE RENTER not complying with the agreed payment terms, THE COMPANY may without prejudice and on its sole discretion disable the vehicle until payment has been made;
8.3 THE RENTER remains liable for payment of all amounts due until the company is paid in full;
8.4 The company shall use its sole discretion to determine rates and charges applicable when THE RENTER returns the vehicle to the company prior to the RETURN DATE on THE RENTAL AGREEMENT;
8.5 In the event of the company suffering from any loss and/or total loss due to the event of an accident and/or theft and/or any damages the amount is payable on demand;
8.6 The company may without prejudice and/or on its sole discretion charge interest of PRIME plus 5% if any amount is not paid on due date;
8.7 THE RENTER completely agrees to pay:
8.7.1 the rental rate as stipulated on the RENTAL AGREEMENT and/or in accordance with an AGREED RATES SHEET or as per the BROCHURE, where the RENTAL AGREEMENT will remain superior to the AGREED RATE SHEET and the AGREED RATES SHEET superior to the BROCHURE;
8.7.2 additional charges as described on the RENTAL AGREEMENT and/or as stated in the rates sheet/BROCHURE;
8.7.3 all and any costs, including but not limited to, as set out in clause 7 in this agreement;
8.7.4 In the event of towing charges, the company shall use its sole discretion when determining who is responsible is for the payment, where the first responsibility is with the RENTER and/or driver and/or additional driver;
8.7.5 the company all DAMAGES and any other losses sustained by the company, as provided for in this agreement;
8.7.6 the company may use its sole discretion to charge a cleaning and/or valet service;
8.7.7 the renter and/or driver and/or additional driver shall be responsible to pay all fuel consumed to deliver and collect the vehicle;
8.8 The renter and/or driver and/or additional driver will give a calendar month's notice to cancel the RENTAL AGREEMENT; should the renter and/or driver and/or additional driver not comply with this term he/she shall be held responsible for the remaining month's RENTAL AGREEMENT fee as well as an additional month's fee serving as the calendar month's notice period.
9. INSURANCE EXCESS:
9.1 The renter and/or driver and/or additional driver shall be liable to pay all insurance excess as stipulated:
9.1.1Vehicle definitions:
9.1.1.1 (a) Private type motor cars (including station wagons, safari vans, estate cars and the like or similar vehicles designed to seat not more than 9 persons including the driver).
9.1.1.2 (b) Commercial vehicles and special type vehicles as described in the schedule
9.1.1.3 (c) Motor cycles (including motor scooters and 3-wheeled vehicles)
9.1.1.4 (d) buses (including any vehicle used for business purposes and designed to seat more than 9 persons, including the driver)
9.1.1.5 (e) Trailers, i.e. any vehicle without means of self-propulsion designed to be drawn by a self-propelled vehicle, bur excluding any parts or accessories not permanently fitted thereto.
9.1.2 The first amounts payable for any loss and / or damage incurred for any specified vehicles falling within the Vehicle Definitions as in 9.1.1 above are as follow:
9.1.2.1 For every occurrence (or series of occurrences arising out of one event) giving rise to a claim for vehicle definitions (a) and (b) will be levied at a rate of 5% of agreed loss or damage subject to a minimum of R7 500.00 (seven thousand five hundred Rand and zero cents)
9.1.2.1.1 Should the damage be less than the minimum excess, the liability will fall on the renter and / or driver and or additional driver.
9.1.2.2 For every occurrence (or series of occurrences arising out of one event) giving rise to a claim for vehicle definitions (c) and (e) will be levied at a rate of 5% of agreed loss or damage subject to a minimum of R1 500.00 (one thousand five hundred Rand and zero cents)
9.1.2.3 If the vehicle is stolen or hijacked but not recovered and physically returned to the insurer vehicle definitions (a) and (d) will be levied at a rate of 2.5% of agreed loss subject to a minimum of R1 000.00 (one thousand rand and zero cents), however, for vehicle definition (c), motor cycles, the minimum rate levied will be reduced to R500.00 (five hundred rand and zero cents). If the vehicle is subsequently recovered and physically returned to the insurer, this amount will be repaid to the insured.
9.1.2.4 If the stolen vehicle was not fitted with an antitheft device (apart from the ignition switch) that automatically disabled the ignition as well as the starter system and which was either approved by VESA (Vehicle Security Association of South Africa),),SAIA Approved (Pty) Ltd; or installed by the manufacturer of the vehicle when new for vehicle definitions (a), (b) and (d) will be levied at a rate of 2.5% of agreed loss subject to a minimum of R500.00 (five hundred rand and zero cents). If the vehicle is subsequently recovered and physically returned to the insurer, this amount will be repaid to the insured.
9.1.2.5 If the stolen vehicle was not fitted with a tracking and recovery device approved by VESA (Vehicle Security Association of South Africa)), SAIA Approved (Pty) Ltd and the limit of indemnity /sum insured of the vehicle reflected in the schedule was in excess of R 250 000.00 (two hundred and fifty thousand rand and zero cents) for vehicle definitions (a) and (b) will be levied at a rate of 2.5% of agreed loss. Note: The Insured must be able to supply proof that the contract for the tracking and recovery device was in force at the time of the loss. If the vehicle is subsequently recovered and physically returned to the insurer, this amount will be repaid to the insured.
9.1.2.6 If the vehicle should occur windscreen damage for all vehicle definitions will be levied at a rate of 25% of agreed claim and is subject to a minimum of R1 000.00 (one thousand rand and zero cents)
9.1.2.7 If the keys get lost for all vehicle definitions will be levied at a rate of 10% of claim and is subject to a minimum of R100.00 (one hundred rand and zero cents)
10. INDEMNITY
10.1 the company nor any of its employees shall be liable for any loss or damage (including 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 renter of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of the company to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict (including negligence or gross negligence) or otherwise, which may be suffered by the renter and/or any third party and/or passenger.
11. EXTENTION OF AGREEMENT
11.1 THE RENTER and/or driver and/or additional driver will be the only entitled to extend this agreement by contacting THE COMPANY and receiving written and oral confirmation of the extension of the contract.
12. GENERAL
12.1 All notices and legal processes in terms hereof shall: be given to you at the address set out on the RENTAL AGREEMENT (Your chosen Domicilium Citandi et Executandi). Any notice posted to you shall be deemed to be received 7 days after posting, unless you prove the contrary; be given to us at our head office at our appointed Domicilium Citandi et Executandi at Shop F77, Parkview Shopping Centre, c/o Garsfontein and Netcare Roads, Moreleta Park X80, Pretoria, 0181.
12.2 You hereby consent to the jurisdiction of the Magistrate's Court having jurisdiction over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the jurisdiction of such court. This consent shall not however, prejudice us in respect of our right to proceed in any court of competent jurisdiction.
12.3 The English version of this agreement will prevail in the event of a dispute.
12.4 This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by you and us.
12.5 We may claim and recover from you on demand all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney-and-own-client costs, collection commission and any costs of tracing you or the VEHICLE.
12.6 A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity thereof.
12.7 This agreement shall be governed by the laws of the Republic of South Africa.
12.8 By your signature hereto, you accept all the charges charged by us in terms of this agreement, including any charges relating to loss and DAMAGE to the VEHICLE.
12.9 By your signature hereto, you hereby authorise us to conduct TransUnion Credit Bureau checks on you and your company, if necessary.
12.10 The company shall be entitled to carry out a credit check on a renter with one or more credit agencies who may retain a record thereof and the company shall be entitled to record any default by the renter with any credit agency. Such records may be made available by the credit agency to third parties, in which case the company shall not be held liable/responsible for any repercussions such disclosure may have on the renter. The renter agrees that the company may disclose any information obtained by it as a result of the conclusion and/or breach of the rental agreement, including personal and additional information, to any person, including a credit bureau.
12.11 THE RENTER acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter alia, record speed and other information relating to the vehicle rented. The company shall be entitled to use such information (including in court proceedings) as it deems fit.
12.12 It is recorded that this agreement is exempt from the provisions of the Usury Act (until repealed by the National Credit Act, where after the latter will apply) and shall be limited to a maximum period of 90 days and are not subject to further renewal.