TERMS AND CONDITIONS OF RENTAL AGREEMENT
All vehicles are hired subject to the terms of conditions set out in the Bidvest Car Rental standard Rental Agreement, copies of which
are available at all rental branches and on the internet under terms and conditions of rental. Terms and conditions are applicable to South Africa Namibia Botswana Lesotho and Swaziland.
GENERAL INFORMATION PERTINENT TO FLEET LOCATIONS AND RENTERS REQUIREMENTS
The Bidvest Car Rental fleet is made up of over 13 500 vehicles, offering economy, luxury and speciality vehicles. World class marques
form an integral part of the fleet mix, with vehicles offering the latest safety features always at competitive prices. Bidvest Car Rental
Southern Africa offer a large network of over 128 branches strategically located throughout South Africa, Namibia and Botswana. Interminal
branches at all major airports ensure that no matter how the tourist chooses to reach their destination, Bidvest Car Rental is never far away.
1.1. The fleet schedule details a model /similar per car group.
1.2. Bidvest Car Rental reserves the right to change vehicle models per vehicle category with similar specifications without notice.
1.3. As our fleet is constantly being updated to meet the changing needs of our customers, vehicle groups, and not vehicle
models can be confirmed at time of reservation, however will accommodate specific requests based on availability.
1.4. Please note that Groups I, P and Z is available at OR Tambo and Cape Town International Airports and other locations
subject to availability and on request.
1.5. The one way fees for Groups,1L, 1M, and 5M differs from one way fees listed on ancillary charges and will be confirmed upon
- RENTAL PERIOD AND EXTENSIONS OF RENTAL
2.1. The daily rates are calculated strictly on a 24-hour cycle, which starts from time of pick up. Bidvest Car Rental allows a grace
period of 59 (fifty nine) minutes.
2.2 Should the renter choose to extend his/her rental beyond the original return date Bidvest Car Rental must be informed.
Failure to inform Bidvest Car Rental may result in reporting the vehicle as stolen and all waiver cover is negated.
2.3 Should the renter extend his/her rental, and an extension voucher is not produced from the operator then Bidvest Car Rental
will bill the renter for additional days at the extension rates.
2.4 Should the rental exceed 45 days, then an additional rental agreement will apply for each period of 45 days. Additional
vouchers to cover the additional periods are required.
2.5 Should ancillary charges be prepaid by the renter and Bidvest Car Rental is to bill this to the operator it is imperative that
these details are communicated at time of reservation and are clearly displayed on the voucher.
Overdue Rental Administration Fee
Should the rental vehicle not be returned by the agreed date and no prior arrangements have been made to extend the rental, the
vehicle will be collected by Bidvest Car Rental and an Overdue Rental Administration Fee will be levied.
- Deposits Taken At The Start Of The Rental
A rental deposit is taken at the start of the rental to cover any additional charges incurred during the rental. As per the rental terms and
conditions of Bidvest Car Rental NO CASH DEPOSITS will be taken. The renter needs to produce a recognized bank credit card. No
debit cards are accepted.
3.1 Deposits for the super cover rate package are detailed on the ancillary charges per Country.
3.2 Deposits for the standard cover rate package are detailed on the addendum.
- RETURN RENTAL PROCEDURE
4.1 Renters are to follow the Bidvest Car Rental signs and return the vehicle to the designated bays which are clearly marked.
4.2 The vehicle will be checked by either a Bidvest Car Rental employee or a Bidvest Car Rental security guard who will be
wearing a Bidvest Car Rental name badge.
4.3 Any damages will be checked against a damage report form and if there are any new damages to the vehicle, a claim form
must be completed by the renter with the assistance of the Bidvest Car Rental employee.
4.4 The renter must ensure the car-keys are given to the Bidvest Car Rental security guard or a Bidvest Car Rental employee.FUEL
Fuel is for the renter’s own account. The vehicle is rented with a full tank of fuel and the renter will pay for refueling when the vehicle is
returned. Fuel is charged at the standard government legislation fuel tariff. The vehicle is refueled regardless whether the fuel gage
indicates that the vehicle is full, as vehicles that are refueled at independent stations are not guaranteed to be filled to capacity.
DRIVING GUIDELINE INFORMATION
For security reasons, renters need to produce a valid form of identification and a valid unendorsed driver’s licence at time of rental. To
enable us to comply with the redirection of traffic violations, we require renters to have their driver’s license scanned every time they
rent. Scanners, installed in all our rental offices, are electronically linked to the National Traffic Information System (eNaTis). Licenses
scanned will also be validated to ensure that the applicable driver has not been suspended through the demerit point system as
governed by AARTO. A customer with a suspended license will not be able to proceed with the rental and our counter staff will gladly
assist with alternative transport arrangements to minimize any inconvenience.
Expired driving license will not be accepted.
International visitors are required to produce their passports when collecting their vehicle. Foreign Driving licences are acceptable
provided the language used (printed thereon) is English and there is a photograph present. Should a licence be in any other language,
other than English, we require an International Driving Licence to be produced at commencement of the rental or an official translation
by a consulate / embassy.).
An additional driver fee will be charged in the event of a co-driver being added to the rental agreement. All drivers must be listed on the
rental agreement to ensure valid liability waiver cover at all times.
Young Driver Surcharge:
The minimum age for drivers is 21 years. In the event of the driver being between 18 and 20 years a young driver surcharge will apply.
Despite the caution taken by the driver and Bidvest Car Rental, theft and accidents do occur. Prepaid packages for international
renters include liability, offering peace of mind and guarding against financial loss. Bidvest Car Rental affords Waiver options (subject
to certain conditions being met) in terms of costs of repairs, theft etc. on all makes of vehicles in our fleet and waiver options are
included in the rate structure.
– Super Collision Damage Waiver (SCDW) and Super Theft Loss Waiver (STLW) – included in Super Cover Rates
In the event of an accident where the vehicle is damaged or written off, the liability of the renter is limited to the liability as set
out in the rate sheets (under ” Liability”) irrespective of fault or cause. The super cover rate package has a zero liability
amount. This is provided that the renter has not breached the terms and conditions of the rental agreement. If the event of
breach, the renter will then be liable for the full amount of damages to the vehicle, or the full replacement value of the vehicle
in the event of an accident, where the vehicle is damaged or written off.
In the event of theft, hijacking or loss of the vehicle and/or any accessories, the liability of the renter is limited to the car group
liability as set out in the rate sheets (under Liability”) irrespective of fault or cause. The super cover rate package has a zero
liability amount .This is provided that the renter is not in breach of any provision of the rental agreement. Should the renter
decline to take waivers, the renter will be liable for all damages suffered by Bidvest Car Rental, resulting from theft, hijacking
or loss of the vehicle and/or any accessories.
– Collision Damage Waiver (CDW) and Theft Loss Waiver (TLW) – included in the Standard Cover Rates
In the event of an accident where the vehicle is damaged or written off, the liability of the renter is limited to the liability as set
out in the rate sheets (under “Excess Liability”) irrespective of fault or cause. This is provided that the renter has not
breached the terms and conditions of the rental agreement. If the event of breach, the renter will then be liable for the full
amount of damages to the vehicle, or the full replacement value of the vehicle in the event of an accident, where the vehicle
is damaged or written off.
In the event of theft, hijacking or loss of the vehicle and/or any accessories, the liability of the renter is limited to the car group
liability as set out in the rate sheets (under “Excess Liability”) irrespective of fault or cause. This is provided that the renter is
not in breach of any provision of the rental agreement. Should the renter decline to take waivers, the renter will be liable for
all damages suffered by Bidvest Car Rental, resulting from theft, hijacking or loss of the vehicle and/or any accessories.
Tyre & Windscreen Insurance (Combined Products)
Tyre and Windscreen waivers are included in super cover for South Africa and available to purchase in Namibia and
Botswana. When waivers are accepted, the following will be covered:
Tyre Waiver: Tyres, Rims and Hubcaps
If this waiver is declined and any tyres, rims and hubcaps are damaged or lost, the customer will be liable for the full
replacement costs. The customer is to contact Bidvest Car Rental who will arrange to replace the damaged or lost item. No
repaired tyres will be accepted.
Please note that only 4 tyres are covered in Namibia per rental by the tyre waiver.
Glass Waiver: South Africa – All Glass, Namibia and Botswana – Windscreen ONLY
If this waiver is declined and any of the glass is damaged it will be replaced by Bidvest Car Rental and full cost will be
charged to client’s credit card.
Included in the waivers and the renter is limited to the lesser amount of the cost / liability as set out in the rate sheets (under
“Excess Liability”). This is provided that the renter has not breached the terms and conditions of the rental agreement.
Water and Undercarriage Damage
Water and undercarriage damage is not included in the rates. The renter is liable for full repair to / replacement costs of the
Hail damage is not included in the rates and is available to purchase at time of rental. If this waiver is declined the renter will
be liable for full repair to / replacement costs of the vehicle.
Sandblasting damage (dust and sandstorms) is not included in the rates. The renter is liable for full repair to / replacement
costs of the vehicle.
Note: Any damage caused to the vehicle by pot holes or gravel road is excluded from all liability waivers and the renter
shall be fully liable for any such damage caused to the vehicle.
Any Liability Waivers Will Be Considered Null And Void If:
Negligent, malicious or criminal actions of renter / passenger as detailed in rental agreement
When the renter or co renter as stated on rental agreement does not drive the vehicle
Driving under the influence of alcohol or any illegal substance or
Tampering with odometer
Failure to report an accident to Bidvest Car Rental personnel within 24 hours
Crossing the border without acquiring a letter of authorization from Bidvest Car Rental
Third Party Motor Cover covers all Bidvest Car Rental vehicles registered in South Africa, Botswana, and Namibia, while
Travelling in South Africa, Namibia, Swaziland, Lesotho and Botswana
Note: Third party claims may be invoiced up to three years after the Incident and may take up to five years to recover if there is an
excess applicable then this will be billed to the renter irrespective of fault. This excess will only be refunded to the renter if
Bidvest Car Rental’s claim against the third party is successfully recovered and Bidvest Car Rental has received payment in
our bank account.
Road Side Assistance – emergency breakdown and roadside assistance including – flat tyre, no fuel (10 litres), keys locked
in vehicle and flat battery.
Directions Assistance – Use your own personal GPS 24 hours a day.
Trip Monitor – Ensuring peace of mind while driving long distances.
Personal Health Advisor – Your personal 24 hour healthcare advisor.
Emergency Medical services / Crisis Line – Transport to hospital in a medical emergency, day or night.
Roadside Assistance – South Africa 0800 115 767 Namibia / Botswana 0027 11 991 8092
The 24-hour call center has access to a national network of motor vehicle service operators for mechanical breakdown or
Information Related To Towing A Bidvest Car Rental Vehicle
Towing charges are excluded from all waivers. In the event of an accident, the towing charges are for the renters account. However,
should the vehicle require towing due to a mechanical breakdown, towing costs would be incurred by Bidvest Car Rental, with the
exception of customer abuse and negligence, a claim form needs to be completed.
Note: The renter is to contact Bidvest Car Rental as only approved contractors may tow the vehicle.
Accident And Emergency Procedures
Secure emergency assistance: if the renter /occupants of the vehicle require medical attention Bidvest Car Rental are to be
contacted on 0800 115 767
Bidvest Car Rental assist numbers are noted on the license disk on the inside of the windscreen, on the key ring and on the
inside of the driver’s window as well as Bidvest Car Rental maps.
The Accident must be reported to the nearest Bidvest Car Rental office within 24 hours.
Information pack given to the renter at the start of the rental contains an accident form, which must be completed and
handed in to Bidvest Car Rental.
The Renter needs to take the details of any parties involved such as Id /passport and registration, telephone number.
DELIVERY, COLLECTION, ONE WAY DROP OFF AND CROSS BORDER INFORMATION
Delivery And Collection
This charge applies to deliveries/collections within 25km of the rental office. Delivery and collections outside city limits (>25km) will be
charged at the applicable fee plus a per kilometer fee
Office hours: Monday to Friday 08h00 to 17h00.
After hours: Outside of the times set for working hours, weekends and public holidays.
ONE WAY RENTAL CHARGES
A one way fee is charged when a customer collects the vehicle from one Bidvest Car Rental location and returns the vehicle to a
Bidvest Car Rental location in excess of 50km from the rental location.
CROSS BORDER RENTALS
Any renter wishing to cross borders from South Africa, Namibia, Botswana, Lesotho, or Swaziland must be in possession of a letter of
authorization from Bidvest Car Rental, obtainable from the rental agent at the time of rental. The information stating the renter’s intent
of crossing the border will be provided at time of reservation. The cross border fee is applicable for rentals between South Africa,
Namibia, Botswana, Swaziland and Lesotho.
Note: There are extra charges issued by border posts which are not included in the cross border fees. These fees are for the
No cross border rentals are allowed to Angola and Malawi;
Cross Border into ZIMBABWE, MOZAMBIQUE and ZAMBIA
Subject to the discretion of Bidvest Car Rental and only allowed on quotation by the designated sales account manager.
Bidvest Car Rental vehicles are not insured whilst in Zimbabwe, Mozambique and Zambia and the client is liable for all costs
incurred whilst travelling in these countries. No one way rental is allowed to these countries.
Cross Border Into ZAMBIA – Limited to Livingstone
A rental deposit of R40 000 will be held on the credit card and a Credit Card Authorization Notice needs to be completed by
the client and MUST be attached to the Rental Agreement. The deposit is non-refundable in the event of accident and the
client is responsible for full replacement costs if the vehicle is stolen or damaged in excess of the deposit.
Every vehicle going into one of the above mentioned countries from Namibia must have a “NAM” sticker on the back of the
vehicle. The customer is requested to verify this before leaving the Bidvest Car Rental location. If this is not obtained,
Bidvest Car Rental cannot be held responsible if the customer is refused entry.
Bidvest Car Rental shall endeavor to provide the necessary support including the provision of a replacement vehicle. Due consideration
must be noted that in foreign territories where Bidvest Car Rental is not represented that such support will be provided by cross border
assistance which could be delayed by territorial logistics that may be beyond our control.
One Way Drop Off Charges
One way drop off charges is applicable when a renter collects the vehicle from one location and returns the vehicle to a Bidvest Car
Rental location in another country. The one way fee charge will be stated at time of reservation/quote. The one way fee covers the cost
of relocating the vehicle back to the original location.
Note: The Cross border Authorisation letter is not included
ADDITIONAL ADMINISTRATION CHARGES
This is a document storing fee applicable per rental agreement. As Bidvest Car Rental has a legal requirement to store documents for a
period of 5 years. The fee is for the cost of administrating, storing and retrieving rental contracts.
Bidvest Car Rental is linked to the South African National Road Agency Limited (SANRAL) database which will, on a regular basis,
download gantry information to us from the Gauteng freeways. The charges will therefore reflect on the final invoice or as late charges
if we receive the data from SANRAL after the vehicle is returned. E-Toll charges are invoiced at the government gazette tariff.
Traffic Fine Handling Fee
When a traffic fine notification is received, Bidvest Car Rental is required to provide the various Traffic Authorities with the relevant
information of the driver. The information is obtained from our system according to the date and time of the infringement and on receipt
of this data, the fine is transferred to the applicable renter by the traffic authority. Should an additional driver have been driving at the
time, the renter will be required to complete an affidavit to have the fine removed off their name and re-issued in the additional driver’s
Claim Administration Handling Fee
The liability amount from the waivers contributes towards the repair costs of the vehicle. An administration fee is levied to cover the
costs of processing the claim. This includes items such as quote gathering and legal services.
All damage sustained in excess of R5000 is appraised by an independent assessor. The evaluation has a cost element, but provides
assurance to the customer and/or their insurer that the damage costing is legitimate and consistent with acceptable industry standards.
Lost / Stolen keys
Lost or stolen keys are not covered by our waivers. The client will be charged a call out fee to vehicle location and the full replacement
cost of the keys and changing of locks. Should the situation arise, contact the closest Bidvest Car Rental branch. Should the vehicle
require towing to a Bidvest Car Rental branch the customer will be charged the towing fees.
In the event of a vehicle being returned excessively dirty, the vehicle will go through a valet process and a minimum charge will be billed
directly to the client’s credit card.
CANCELLATION AND NO SHOW POLICY
If the reservation is cancelled 24 hours prior to pick up time, a cancellation fee of 1 day rental charge, based on the daily rental charge
of the vehicle reserved will apply. These charges will be levied to the tour operator.
If the reservation is cancelled less than 24 hours prior to pick up time, a cancellation fee of 2 days rental charge, based on the daily
rental charge of the vehicle reserved will apply. These charges will be levied to the tour operator.
No Show Fee
Should the renter not pick up the vehicle, a no show fee of 2 days, based on the daily rental charge of the vehicle reserved, will apply.
These charges will be levied to the tour operator.
In the event of a specific vehicle having to be relocated to a region as approved by the operator for a reservation and the booking is
either cancelled or a no show, the operator will be liable for the relocation costs and the full cost of the rental.
GPS units are available at all branches throughout South Africa and Namibia for a daily charge. GPS rentals can also be arranged with
vehicle deliveries and collections, provided prior arrangement has been made.
Car Seats For Children
Car seats as detailed are available to rent. Please specify at time of rental which type required. A charge per rental applies and the
child/baby seat must be reserved in advance.
Infant seat – 0 – 6 months, Baby seat – 3 months – 3 years, Booster seat – 3 years +
Jerry Cans – NAMIBIA and BOTSWANA
Jerry cans can be reserved at a daily charge and is available in Namibia and Botswana. Maximum of 3 cans per vehicle. A refundable
deposit per can will be taken.
2nd Spare tyre – SOUTH AFRICA
Please note that no 2nd spare tyres are available for rentals in South Africa.
2nd Spare tyre – NAMIBIA and BOTSWANA
2nd spare tyres can be requested at time of reservation for car groups K, O, N, 1L and 1M ONLY, subject to availability, at daily charge.
2nd spare tyres for Group 5M and Group I must be requested prior to rental. If not, they are not guaranteed.
Double tanks – NAMIBIA
All 4X4 vehicles relocated from South Africa to Namibia will not be fitted with double tanks. There might be some fully equipped
vehicles with single tanks.
Rental Terms and Conditions South Africa Category 1M, 1L and 5M
– Please note that the Group 1M, 1L, and 5M in South Africa are sourced through our Van Rental division.
– Some of our Van Rental offices are corporate offices and some are franchises, therefore, different one way charges apply to these groups as the vehicles cannot be utilized at the return location and must be returned to the rental office where the vehicle was rented from.
– Please note that the one way fee must be confirmed at time of reservation either by our central reservations or by the Van Rental office where the vehicle is being rented from.
– There will be no delivery or collection fee for pick up and drop off at OR Tambo and Cape Town International Airports.
– All reservations for King Shaka Airport will incur a surcharge of R400 for delivery/collection within office hours (Mon – Fri 08:00 – 17:00).
– Groups 1M, 1L, and 5M is on request at all times and cannot be booked via the internet website.
In this agreement, unless the context indicates otherwise, the following expressions shall bear the following meanings:
1.1 “the LICENCEE”, “us” and “we” means BIDVEST CAR RENTAL (PTY) LTD trading as BUDGET CAR AND VAN RENTAL, its Sub-Licencees and rental agencies;
1.2 “the RENTER” or “you” means renter 1 and/or renter 2 and includes the driver of the vehicle, as indicated overleaf;
1.3 “the DRIVER” means you and/or the driver and/or the additional driver as stipulated overleaf;
1.4 “the VEHICLE” means the vehicle/s identified in this document or any other replacement vehicle provided to you by us (including the vehicles document, keys, tyres, tools and accessories supplied with the vehicle)
1.5 “the RENTAL PERIOD” means the period between the “Date out (D/T) and the “Termination Date and Time” as specified overleaf, or if such period is extended, the time and date entered on the Licencee’s records;
1.6 “the OFFICIAL RATES” means our rates 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 “the LIABILITY WAIVER” means the waivers as referred to in clause 5, and in the information brochure to include but not limited to the items identified as CDW, SCDW,TLW, STLW.
RISK AND DELIVERY
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 accepted. 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, 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 authorized representative at the Termination Office described overleaf or such location as agreed to by us and confirmed in this document entered on the Licencee’s records. The renter acknowledges that failure to return the vehicle in terms of this agreement shall constitute illegal possession by him, and the licencee may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof;
2.3. If the renter or the driver or any person nominated overleaf returns the vehicle to any branch of the Licencee, the renter and/ or driver and/ or such person shall:
2.3.1 park the vehicle in the Licencee’s reserved parking:
2.3.2. ensure that the vehicle is properly locked and secure;
2.3.3. hand the keys of the vehicles to an authorized representative of the licencee at the Licencee’s offices where the Licencee’s office are open for business;
2.3.4. leave the keys in the drop safe provided at the offices of the Licencee where the Licencee’s offices are not open for business.
2.4. 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.
2.5. In the event that the vehicle has a tracking device installed all 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 utilize it in any legal proceedings.
- WARRANTIES BY YOU
You warrant that:
3.1 All information given by you to us is true and correct;
3.2 The driver holds a valid drivers license for the vehicle, has not been convicted of any criminal offence which resulted in the endorsement or cancellation of his/her drivers Licence, and will not drive the motor vehicle under the influence of alcohol or any other central nervous system stimulant;
3.3 Neither you, nor the driver, are physically prevented from operating the vehicle safely;
3.4 No person other than the driver and or additional driver recorded in this agreement shall drive the vehicle;
3.5 The driver 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 to be 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;
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 and/or the driver shall at all times display an absolute duty of care towards the licencee in respect of the vehicle, in that you / driver shall ensure that the vehicle shall only be used on suitable roads and conditions as in accordance with the type of the vehicle hereby rented.
3.9 The vehicle has been rented on the basis that you are not a tour operator or agent/ representative for the licencee. 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 (authorised or unauthorised) are allowed to use the vehicle in contravention of any Customs and Excise Act.
4.1. You agree to pay us upon demand:
4.1.1. the vehicle rental rates as set out overleaf and/or in terms of our official rates, whichever may be applicable;
4.1.2. the cost of fuel supplied for the vehicle by us which cost will be calculated upon return of the vehicle, as well as all delivery and collection charges as stipulated overleaf;
4.1.3. all traffic fine admin fees, 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;
4.1.4. 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 the Terminating Office described above, or such other location as determined by us;
4.1.5. 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;
4.1.6. all costs incurred by us in repairing any damage of any nature whatsoever to the vehicle including but not limited to damage to the windscreen and/or tyres and any loss or damages suffered by us as a result of theft, fire or any cause whatsoever;
4.1.7. such valet charge as may be levied for cleaning of the vehicle.
4.1.8. such accident admin fee, assessors fee and traffic offence/toll handling fee that may be levied by the licencee.
4.1.9. the liability amount as stipulated overleaf in respect of the waivers, on the date of incident/accident, irrespective of who caused and/or who was negligent in respect of the collision or loss.
4.2. If we have agreed to payment from you by credit card or charge card, your signature shall constitute authority for the issuer of the cards to immediately debit you with the total amount agreed upon, inclusive of all costs and charges of whatsoever nature, arising in terms of this agreement.
4.3. All additional charges as indicated overleaf shall be payable by you. All charges may be debited to your credit card from such authorization and/ or deducted from any deposit paid. These amounts shall be non-refundable, until such time as we have raised all charges payables in terms of this agreement. Any balance then owing shall immediately be refunded/ released to you.
4.4. You shall pay all amounts payable by you under this agreement to us, on demand. If any payment is not made on its due date, then we may, without prejudice to any of our rights, charge interest on the amount due at the maximum rate permissible by law.
- LIABILITY WAIVER
5.1. If you and or the driver have purchased in advance the collision damages waiver (CDW) and/ or theft waiver (TLW) or a super waiver (“SCDW/STLW”) as stated above then your liability for such damage may not exceed the amount as stated overleaf.
5.2. Any damages caused to the vehicle by pot holes, dust storms, hail, gravel and or sand roads, is specifically excluded from the liability waiver as contained in this paragraph 5, and you shall be fully liable for any such damage caused to the vehicle. Any third party property/ apparel, damaged, lost or stolen is not covered by our waivers. In the event that you utilize an attachment /trailer to our vehicle the said waivers shall not apply.
5.3. This liability waiver is specifically not valid if you are in breach of this agreement. In this event, any payment received for the liability waivers shall be utilized as a part payment for all losses suffered by us.
5.4. Any tyre, windscreen, water and undercarriage damage is excluded from the waivers, if no theft or collision of the vehicle has occurred.
5.5. A claim administration fee, assessors fees and towing charges are payable by you and are not included in any of the waiver charges.
EXTENSION OF RENTAL PERIOD
6.1. You will be entitled at any time during the initial period to extend the rental period orally, via telephonic communication to any one of our offices.
6.2. This extension will however only be valid if made within 2(two) hours of the time at which the vehicle is to be returned, together with an additional payment which has been paid/ secured.
6.3. This oral extension will be recorded for reference purposes to protect both our rights.
6.4. It is your obligation to obtain a reference number in respect of any valid oral extension.
6.5. We reserve the right to request that the vehicle first be inspected prior to any extension being authorized.
7.1. We shall be entitled to terminate this agreement if you and/or the driver commit any breach of this agreement. We shall then be entitled to the immediate return of the vehicle, and furthermore any amount then and there owing by you to us will become immediately due, owing and payable.
7.2. Save for the LIABILITY WAIVER in paragraph 5, both your and our rights and obligations under this agreement shall continue to be in full force and effect until such time as the vehicle has been returned to us in terms of this agreement and you have complied withyou’re your obligations in terms hereof.
8.1. The driver shall 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.
8.2. You shall be liable for all damage suffered by us if the driver contravenes this clause for any reason whatsoever.
8.3. Specifically, the liability waiver in paragraphs 5 above will no longer be valid and the damage noted in paragraph 8.2 shall be for your full account.
9.1. Save as is provided for in law and provided that there was no negligence on our part, the licencee shall not be liable for any damage and/or injury and/ or death arising out of any defect in and/or mechanical failure of the vehicle, or any apparel therein including, but not limited to a baby seat, nor for any loss or damages to any property transported in or left in the vehicle, nor for any damages, injury, death, consequential loss, loss of profits, or any other damages which the renter or the driver or any person transported in the vehicle or any other person may suffer arising out of the agreement. You indemnify us in full in this regard.
RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE.
10.1. If the vehicle is involved in any accident or collision or is lost or the vehicle or any part thereof is stolen, or is involved in any incident which could prejudice our rights, the driver shall take all such steps to safeguard our interests, including, but not limited to the following where appropriate:
10.1.1. he/she shall obtain the name and addresses of everyone involved and of possible witnesses;
10.1.2. he/she shall not admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability;
10.1.3. he/she shall notify the police and us as soon as possible and in any event within 24 (twenty-four) hours of the incident;
10.1.4. within 48 (forty-eight) hours of the incident he/she shall complete and furnish to us our fully completed standard claim form;
10.1.5. within 48 (forty-eight) hours of the incident he/she shall submit a copy of his/her drivers licence to us;
10.1.6. he/she shall make adequate provision for the safety and security of the vehicle.
10.1.7. he/she shall cooperate with us and our insurer in any investigation, the lodging or instituting of any claim or action and the defence of any prosecution, claim or action relating to the above.
10.1.8. if you are not the driver, then, without in any way detracting from your obligations in terms of this clause, you shall ensure that the driver complies with the provisions of this clause 10. If you are not the driver and the driver does not comply with the conditions set out in this clause 10, you shall automatically become liable for all damages, including third party claims.
10.1.9. you shall furnish us (and if you are not the driver you shall also insure that the driver furnishes to us) any notice of claim, demand, summons or the like which you or the driver may receive in that regard.
10.1.10.the driver shall not be entitled to effect any repairs to the vehicle whether mechanical, structural or otherwise without the prior written consent of the Licencee.
10.2. We reserve the right to claim for all damages ( including undercarriage damage to the vehicle, which is not covered by the liability waiver), resulting from this rental within a reasonable period from date of termination of this rental.
11.1 You acknowledge that ownership in the vehicle shall at all times remain vested in us, or the true owner of the vehicle.
11.2. You shall not be entitled to cede or assign any of your rights and obligations under this agreement or to sublet or part with possession of the vehicle, its tools or equipment or any part of it.
11.3. The cost of fuel is not included in the amount of the rental. We will refuel all vehicles on termination.
11.4. Any tampering by you with the odometer of the vehicle will be regarded as fraud. Where required in determining the rental charges, the distance driven by you or the driver shall be measured from the odometer installed in the vehicle. If such calculation is not practical, or possible for any reason whatsoever, the calculation shall be done by such other reasonable method as we may determine and you shall be obliged to furnish all such information and assistance as we may reasonably require for that purpose.
11.5. If the renter is not the driver, then, without in any way detracting from the renter’s obligations in terms of this agreement, the renter and the driver shall be liable to the Licencee jointly and severally for all and or any amounts owing under this agreement, including but not limited to damages.
11.6. Please be advised that although we shall use our best efforts, we are unable to guarantee the delivery of the vehicle to you at a particular time due to possible circumstances beyond our control. In the event that we are however unable to do this, we shall endeavour to make alternative arrangements until such time as we are able to deliver vehicle to you.
11.7. Save as otherwise stated in this agreement any addition to, alteration or cancellation of this agreement shall be null and void unless agreed upon by us in writing.
11.8 The parties consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction over the parties, for all purposes under this agreement, notwithstanding that the subject matter or cause of action involved be otherwise beyond the jurisdiction of the said court.
11.9. You choose the address where you will receive notices for all purposes in terms of this agreement, at the renters address specified overleaf or in the case of that address not being in the Republic of South Arica, at the driver’s local address specified overleaf.
11.10. A certificate of any Director, Manager or Accountant of ours as to the amount owed by you to us shall on the on the face of it constitute proof of the amount owing.
11.11. This document contains the entire agreement between the parties regarding the matters contained herein and the Licencee shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.
11.12.It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court, then the remaining clauses shall be and continue to be of full force and effect.
11.13.This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
11.14.The renter hereby consents and authorises the Licencee to disclose all relevant information of the renter/driver to SANRAL for the recovery of any e-toll transaction in respect of the driving of the vehicle.
11.15.The renter consents to any credit/ information check that may become necessary.