TERMS AND CONDITIONS OF MOTOR HIRE
In this agreement unless the context indicates otherwise:
1.1. “Additional Driver” means such person or persons who, in addition to the Lessee, is reflected on the Rental Agreement as being duly authorized by the Lessor to drive the Vehicle and who is bound by the provisions of the Rental Agreement and these Terms and condition;
1.2. “Extended Period” means any extension of the Rental Period beyond the agreed return date reflected on the Rental Agreement and authorized by the Lessor, in terms of clause 14 of this Agreement;
1.3. “Rental Agreement” means the Rental Agreement concluded between the Lessor and the Lessee which includes these terms and conditions and with “Agreement” having the same meaning;
1.4. “Hire Period” means the period between the date the Vehicle is taken by the Lessee from the place designated by the Lessor and the termination date and time as specified on the Rental Agreement or if such period is extended, such revised time and date as reflected on the Lessor’s records from time to time;
1.5. “Lessee” means” all of the persons, natural or juristic, whose names appear on the Hire Agreement under “Lessee” and “Driver” and “Additional Driver”;
1.6. “Lessor” means Tavcor Motorent (Pty) Limited;
1.7. “Vehicle” means the vehicle described in the Rental Agreement including all its parts, components, accessories and contents as supplied by the Lessor;
1.8. “Vehicle Check Sheet” means a check sheet signed by the Lessee and Lessor evidencing the condition of the Vehicle on the initial delivery thereof by the Lessor to the Lessee, and the return thereof to the Lessor by the Lessee.
2.1. The Lessor hereby rents to the Lessee, who hereby hires, the Vehicle subject to the following terms and conditions.
2.2. Upon conclusion of this Agreement, the Lessee shall be entitled to the use of the Vehicle for the stipulated kilometres chosen by the Lessee at no extra charge. Kilometres travelled over and above the stipulated kilometres chosen will be charged at an additional excess per kilometre rate as set out in the Rental Agreement.
3.1. The Lessee acknowledges that only the Lessee and the Additional Driver(s) (if any) is authorized by the Lessor to drive the Vehicle.
3.2. The Lessee warrants that he/she and the Additional Driver(s) (if any) hold(s) a valid driver’s license for the Vehicle and has not been convicted of any criminal offence which resulted in the endorsement or cancellation of such driver’s license.
3.3. The Lessee and the Additional Driver(s) warrant that he/she have been in possession of a valid and unendorsed driver’s license for not less than two (2) years.
4.1. Delivery of the Vehicle takes place at the time that the Lessee and/or the Additional Driver(s) takes possession of the keys and/or the Vehicle (“the Delivery Date”).
4.2. All risk in respect of the Vehicle shall pass to the Lessee on the Delivery Date until such time as the Vehicle is returned to the Lessor.
4.3. The Vehicle shall be deemed to have been delivered in a roadworthy condition and in good order and repair and without any damage, unless such damage is recorded in the Vehicle Check Sheet and signed by both parties. Any damage not so recorded will be for the account of the Lessee.
4.4. The Lessor may refuse delivery of the Vehicle if an advance payment or deposit is not made.
4.5. The Lessee and/or the Additional Driver(s) shall take delivery of the Vehicle at the place specified by the Lessor. From time to time
4.6. Any time and /or date specified by the Lessor for delivery of the Vehicle is merely an estimate and the Lessor shall not be bound thereby and incur no liability of whatsoever nature if the estimated time and date of delivery is not met by the Lessor.
5.1. The Vehicle may only be utilized by the Lessee for the Hire Period or any Extended Period.
5.2. The Lessee and/or the Additional Driver(s) acknowledges that any extension noted on the Lessor’s records correctly reflects such Extended Period.
5.3. The Vehicle may only be driven by the Lessee and/or the Additional Driver(s).
5.4. The Lessee and/or the Additional Driver(s) may not:
5.4.1. allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
5.4.2. allow the Vehicle to be used to tow or push anything;
5.4.3. carry more passengers than may be properly accommodated by the seat belt restraints fitted in the Vehicle, or carry a greater load than that for which the Vehicle is built;
5.4.4. be under the influence of alcohol or drugs or any other substance which may impair driving abilities whilst driving the Vehicle;
5.4.5. permit any smoking in the Vehicle;
5.4.6. cause or permit the odometer of the Vehicle to be tampered with;
5.4.7. cause or permit the Vehicle to be driven on a road/s not suitable for the Vehicle;
5.4.8. allow the Vehicle to be used to carry passengers for payment of any kind;
5.4.9. use the Vehicle when it is damaged or unsafe;
5.4.10. use the Vehicle in contravention of any law;
5.4.11. unless authorized in writing by the Lessor, take the Vehicle into the Transkei;
5.4.12. take the Vehicle beyond the borders of the Republic of South Africa;
5.5. The Lessee and/or the Additional Driver(s) shall make adequate provision for the safety and security of the Vehicle and, in particular, but without limiting the generality of the a foregoing, keep the Vehicle properly locked, secured and immobilized and keep the burglar alarm (if any) activated and any anti-theft device in the Vehicle properly secured and in place when the Vehicle is not in use.
5.6. The Lessee and/or the Additional Driver(s) shall ensure that the Vehicle’s keys are under the Lessee and/or the Additional Driver(s)’s control at all times.
5.7. Ownership of the Vehicle shall at all times remain with the Lessor.
5.8. The Lessee shall ensure that the radiator and oil reservoir have sufficient quantities of water and oil respectively.
6.1. The Lessee and/or the Additional Driver(s) shall return the Vehicle, at the Lessee’s expense, to the Lessor on the date and time and at the place specified on the Rental Agreement or within the Extended Period as agreed by the Lessor.
6.2. Upon returning the Vehicle to the Lessor, the Lessee and/or the Additional Driver(s) shall:
6.2.1. park the Vehicle in the designated parking bays;
6.2.2. ensure that the Vehicle is properly locked and secure;
6.2.3. hand the keys of the Vehicle to an authorized representative of the Lessor;
6.2.4. complete and sign the Vehicle Check Sheet.
6.3. The sole risk in respect of the Vehicle shall remain with the Lessee until such time as the Lessor has recorded the Vehicle’s return in writing on its records.
6.4. The Vehicle shall be returned to the Lessor by the Lessee undamaged, with all parts and fittings, in good order and in a roadworthy condition, fair wear and tear excepted.
7.1. The Lessee agrees to pay to the Lessor:
7.1.1. the Vehicle hire charges as well as the deposit as is stipulated in the Rental Agreement;
7.1.2. any additional charges as are stipulated in the Rental Agreement;
7.1.3. all costs incurred by the Lessor in procuring the return of the Vehicle, irrespective of the failure to return the Vehicle was not attributable to any act or omission of the Lessee and/or Additional Driver(s);
7.1.4. any damages or loss suffered by the Lessor due to the Lessee’s failure to return the Vehicle on the agreed date and time;
7.1.5. a cleaning / valet service may be charged at the Lessor’s sole discretion;
7.1.6. for all fuel consumed to deliver and/or collect the Vehicle;
7.1.7. all fines, taxes, charges, duties, levies and tolls (“charge/s”) payable by the Lessor to any authority arising out of the hire of the Vehicle by the Lessee;
7.1.8. a traffic fine administration fee as determined by the Lessor in its sole and absolute discretion which shall be levied to administer any traffic fine issued in respect of the Vehicle during the Hire Period and for re-directing such fine to the Lessee.
7.2. Payments of all amounts are due by the Lessee to the Lessor on demand.
7.3. The Lessor shall be entitled to deduct any amount referred to in clause 7.1 above from the deposit paid by the Lessee and to the extent that such deposit is insufficient to debit the Lessee’s credit card with details as reflected in the Rental Agreement.
7.4. Any costs incurred in towing the Vehicle to safety and storing the Vehicle as a result of an accident and/or a collision occurring during the Hire Period or the Extended Period (if any) shall be borne by, and shall be the responsibility of, the Lessee.
7.5. The Lessee shall not be entitled to set-off or withhold payment of any amounts due to the Lessor in terms of the Hire Agreement for whatsoever cause.
7.6. Any amounts not paid on the due date shall bear interest at the prime rate of interest charged by the Lessor’s bankers from time to time, plus 5%.
8.1. The cost of fuel is not included in the amount of the hire charges as reflected in the Rental Agreement.
8.2. The Lessee shall be responsible for all fuel costs incurred during the Hire Period and the Extended Period (if any).
8.3. The Vehicle shall be delivered to the Lessee with a full tank of fuel and shall be returned to the Lessor with a full tank of fuel.
8.4. The Lessor shall, upon return of the Vehicle, send it for re-fuelling irrespective if the gauge reflects a full tank and in the event that the Vehicle requires re-fuelling , the Lessee shall be liable for a 10% refuelling charge calculated on the monetary value of the fuel the Vehicle had to be re-filled with.
9.1. In the case of an accident, collision or theft of the Vehicle (“the Event”), the Lessee and/or the Additional Driver(s) shall:
9.1.1. immediately report the Event to the Lessor and the police or traffic department within 12 hours of the occurrence of the Event accident;
9.1.2. as far as reasonably possible, obtain the name, address, contact details and identity numbers of everyone involved in the Event (including the contact details of police/traffic officials involved in the Event”) and of possible witnesses to the Event;
9.1.3. make adequate provision for the safety of the Vehicle and will shall not abandon the Vehicle under any circumstances;
9.1.4. furnish the Lessor with a police case number within 24 hours;
9.1.5. co-operate with the Lessor, its insurer and/or attorney in the investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to the Event, including but not limited to completing a designated accident claim form and provide the Lessor or its designated agent with a copy of its id book and driver’s license;
9.1.6. not admit any responsibility or liability, nor release any party from any liability or potential liability, not settle any claim or potential claim and not accept any disclaimer of liability relating to the Event;
9.1.7. Obtain the name and address of the tow company.
9.2. The Lessee and/or the Additional Driver(s) shall not be entitled to carry out or authorise repairs or modifications to the Vehicle.
9.3. Upon the occurrence of any damage of any nature to the Vehicle due to the occurrence of, inter alia a motor Vehicle accident, or theft of the Vehicle and it is subsequently recovered but having sustained damage, which occurrence took place during the Hire Period, the Lessee shall, subject to clause 9.4. below be liable to the Lessor to the amount of R5 000.00, being the excess payable in terms of the Lessor’s Insurance policy which shall first be set-off against any deposit paid by the Lessee.
9.4. In the event that damage as referred to in clause 9.4. should be to the extent that the Vehicle is written off or the Vehicle is not recovered, the Lessee shall be liable to pay to the Lessor an amount equal to 10% of the value of the Vehicle (with the Lessee bound to such value of the Vehicle as determined by the Lessor in its sole and absolute discretion) as at the date of signature of the Rental Agreement. Such amount shall first be set-off against any deposit paid by the Lessee.
9.5. In addition to any costs incurred by the Lessee for damage to or loss of the Vehicle as mentioned in clauses 9.3 or 9.4 above the Lessee shall be liable to the Lessor for a handling fee of R500.00 per Event.
9.6. The following components of the Vehicle are not covered by the Lessor’s insurer and as such, the Lessee shall be liable to the full extent of damage, should it occur to:
9.6.1. all windows of the Vehicle;
9.6.2. mags and / or hubcaps; and
9.6.3. the undercarriage of the Vehicle.
9.7. Optional insurance can be taken out at the Lessee’s expense for:
9.7.1. tyres at R36 per day; and
9.7.2. windscreen at R36 per day
as selected in the Rental Agreement.
10.1. The Lessee shall be liable for any loss or damage, whether direct, indirect, and consequential or otherwise, which may be suffered by the Lessor, the Lessee and /or Authorised Driver(s) and/or any third party arising from, or in connection with, the hire, or the driving, of the Vehicle by the Lessee and/or the Additional Driver(s).
10.2. The Lessee hereby indemnifies and agrees to hold the Lessor, its directors, officers, employees, servants and agents harmless against any claim of whatsoever nature for any damages or loss which may be instituted against them or suffered by any of them arising from, or in connection with, the hire, or driving of the Vehicle by the Lessee and/or the Additional Driver(s).
10.3. Upon return of the Vehicle by the Lessee to the Lessor, the Lessee shall remove all personal belongings from the Vehicle, and the Lessor shall not be liable for any losses suffered, whether by the Lessee/ Authorised Driver(s) or any other third party, due to non-compliance with this clause by whomsoever.
10.3. In the event of any damage occurring to the Vehicle, or in the event of the Vehicle being stolen, whilst in the possession of the Lessee and/or the Additional Driver, the Lessee’s deposit shall be forfeited to the Lessor and set-off against the costs involved therewith.
11.1. The Lessor shall not be liable for any damage or loss, whether direct, indirect, consequential or otherwise arising out of or in connection with any defect in and/or mechanical failure of the Vehicle.
11.2. The Lessor makes no warranties as to the condition, state of repair, performance capabilities, year of manufacture, odometer reading or anything else concerning the Vehicle.
11.3. The Lessee hereby indemnifies and agrees to hold the Lessor, its directors, officers, employees, servants and agents harmless against any claim of whatsoever nature for any damages or loss which may be instituted against them or suffered by any of them arising from, or in connection with, any defect in and/or mechanical failure of the Vehicle.
12.1. all the information given to the Lessor by the Lessee and Additional Driver(s) is true and correct;
12.2. no person, other than the Lessee and/or the Additional Driver(s), shall drive the Vehicle;
12.3. the Lessee and/or the Additional Driver(s) shall at all times display an absolute duty of care towards the Lessor in respect of the Vehicle.
13.1. The Lessee shall be entitled to extend the Rental Agreement orally by one day only by calling the Lessor on the telephone numbers stated on the Hire Agreement. Any extension noted by the Lessor in writing in its records shall be regarded as an extension of the Rental Agreement.
13.2. The Lessee shall bear the onus of proving an oral extension of the Rental Agreement.
The Lessor shall be entitled to terminate the Rental Agreement without notice if the Lessee and/or the Additional Driver(s) breach any term of the Rental Agreement. In the event of the Lessor terminating the Rental Agreement the Lessee and/or the Additional Driver(s) shall immediately return the Vehicle to the Lessor.
15.1. The Rental Agreement contains the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in the Rental agreement
15.2. If any provision of the Rental Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the provisions hereof.
15.3. No extension, latitude or other indulgence that may be given or allowed by the Lessor in respect of performance of any of the Lessee’s obligation hereunder, and no delay or forbearance in the enforcement of any right of the Lessor arising from the Hire Agreement, and no single or partial exercise of any right under the Rental Hire Agreement will, in any circumstances be construed as implied consent or election by the Lessor or operate as a waiver or a notation or otherwise affect its rights in terms of the Hire Agreement or preclude it from enforcing strict compliance with any provision or term hereof.
15.4. The Rental Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.
15.5. The Lessee further consents to the jurisdiction of the Magistrates Court, should the Lessor, at its election, bring legal proceedings in a Magistrates Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrates Court. The Lessee agrees, however, that the Lessor in its sole discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
15.6. The Lessee shall not be entitled to cede any of his/her rights or obligations under the Rental Agreement or to hire or part with possession of the Vehicle, its tools or equipment.
15.7. If the Lessor institutes any legal proceedings against the Lessee to enforce any of its rights under the Rental Agreement it shall be entitled to recover from the Lessee all the legal costs it incurs to its own attorneys in accordance with their then usual charges (and counsel (if applicable)) and assessed as between attorney and own client including but not limited to collection commission and tracing agent charges so as to give the Lessor a full indemnity in respect of such charges.
15.8. If the Lessee enters into the Rental Agreement as an agent on behalf of any disclosed or undisclosed principal, he/she shall be jointly and severally liable as surety and co-principal debtor in solidum with his/her principal for the due fulfilment of all of the obligations of his/her principal to the Lessor in terms of the Rental Agreement.
15.9. The Lessee chooses the address specified on the face of the Rental Agreement as his/her domicilium citandi et executandi (i.e. his/her address for service of all legal processes and notices of whatsoever kind).
15.10. The Lessee acknowledges that certain Vehicles may be fitted with a management system to record certain information relating to the Vehicle rented. The Lessor shall be entitled to use such information (including in court proceedings) as it deems fit.
15.11 In the event of a conflict between the provisions of these Terms and Conditions and the Rental Agreement, the provisions of these terms and Conditions shall prevail.
15.12 In these Terms and Conditions words importing one gender shall include the other and words importing the singular, shall include the plural and vice versa.
By adding his/her signature hereto the Lessee acknowledges having read the terms of the Hire Agreement, that he/she fully understands the content thereof and that clauses 10 and 11 have been drawn to the Lessee’s attention.
SIGNED AT …………………………………………………………………… ON ……………….……………………………20………..