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Car rental terms and conditions

Car rental terms and conditions

1.1 “Vehicle” shall mean the vehicle hired with all its equipment and appurtenances as well as any replacement and/or loan vehicle which may for whatever reason be made available to the Hirer, including all keys, tools, equipment, accessories and documents in and on the vehicle.
1.2 “Hirer” shall mean the client/hirer and/or chauffeur described on the reverse hereof.
1.3 “CCH” shall mean CARMANIA CAR HIRE.

2. AUTHORISED DRIVERS
2.1 Hirers must at all times be in possession of a valid unendorsed drivers’ licence. The minimum age
of hirers shall be 23 years old.
2.2 Should the hirer be under the age of 23 years and is in possession of an unendorsed drivers’ licence which has been valid for less than (2) two years, the excess payable in terms of the insurance shall be double and if the insurance cover is not obtained or the claim is rejected for any reason then the hirer will be liable for the full cost of the repairs or the cost of the vehicle.
2.3 Should the hirer be over the age of 23 years and under the age of 25 and is in possession of an unendorsed drivers’ licence which has been valid for less than (2) two years, the excess payable in terms of the insurance shall be double and if the insurance cover is not obtained or the claim rejected for any reason then hirer will be liable for the full cost of the repairs or the cost of the vehicle.
2.4 If the hirer is not a natural person, the vehicle may not be driven by anyone other than the person whose name is specified as the driver on the reverse hereof, such a driver to comply with the provisions of clause 2.1.
2.5 The vehicle may also be driven by a person whose name is specified as an additional driver on the agreement and who complies fully with clause 2.1.
2.6 If the vehicle is driven by anyone other than the hirer and/or the additional driver as contemplated in clause 2.5 , then, without derogating from any other rights or remedies which CCH may have:
2.6.1 the hirer shall remain liable for all obligations in terms of this agreement and in particular, he shall be liable to CCH as if he had been driving the vehicle; and
2.6.2 where the vehicle is not driven by the hirer or a person referred to in clause 2.5, the hirer shall not be entitled to exercise and hereby expressly waives any of his/its rights which he/it or the driver may otherwise have been entitled to and which would enable him to avoid any obligations in terms of this agreement.

3. INSURANCE
3.1 Insurance cover is compulsory and unless the hirer provides written proof of his own insurance prior to the hirer taking possession of the vehicle, the vehicle shall be insured through CCH. A copy of CCH insurance policy is available for inspection at the premises of CCH and the hirer hereby undertakes that he binds himself to the terms and conditions of said insurance policy which forms part of this agreement.
3.2 In the event of the hirer providing his own insurance and in the event of any insurance claim being repudiated or not fully covering any damages or patrimonial loss suffered by CCH then in that event the hirer hereby undertakes and agrees to be liable to CCH for any amount not paid by the insurance.
3.3.1 Where the vehicle is insured through CCH, the hirer and/or driver hereby undertakes to expeditiously assist in every way possible to ensure timeous and proper lodgement of any claim and in respect of any other matter upon the request of either CCH or the insurer.
3.3.2 In the event of proper compliance aforesaid and the acceptance of a claim by the insurer arising out of damage to or theft of the vehicle then in that event the hirer agrees to be solely liable for the greater of:
3.3.3 Ten percent (10%) of the costs of repair of the damage to the vehicle or the costs of replacement thereof, the decision to repair or replace being in the sole discretion of CCH; or
3.3.4 The excess as specified on the front of this agreement.
3.3.5 The excess amount payable for damages or accident is payable per incident.
3.4 An excess deposit is payable at the commencement of hire and shall be refundable on condition that the vehicle is returned to CCH in the same condition in which it was handed to the hirer.
3.5 All accidents occurring on gravel roads are subject to double the normal excess.
3.6 The insurance provided by CCH does not cover any damage to or loss of rims and trims, tyres or windscreens.
3.7 An administration fee of R450 will be charged on each vehicle accident that is reported to Carmania.
3.8 Should any breach of the Standard Terms and Conditions result in Insurance Cover being considered null and void, then the full amount due for loss, damage, theft or other charges, including
but not limited to the replacement of a vehicle, will be due and payable by the hirer.

4. LIABILITY IN CASE OF LOSS, DAMAGE AND THEFT
4.1 The hirer shall be liable for any loss and damage to the vehicle howsoever the damage or loss is caused whether or not such loss or damage is attributable to the hirers fault or negligence:
4.1.1 The CCH may charge the hirer either the actual amount of the loss or damage suffered, or any reasonable amount, in its sole discretion, if the loss or damage has occurred in a situation where no physical contact is made with another vehicle or animal or object or person (in or on the road surface used) irrespective of any insurance cover.
4.1.2 If the vehicle is damaged, stolen or lost in a situation where there was a breach of any of the terms and conditions of this agreement, the hirer will be liable for the total loss and/or damage suffered by the CCH irrespective of the insurance cover,
4.2 The hirer shall be liable for theft, loss or damage, which liability may include the replacement costs of the vehicle, where the hirer did not make adequate provisions for the safety and security of the vehicle and, in particular, if he did not keep the vehicle properly locked and secured behind a security gate or in a locked garage and immobilised and did not activate the burglar alarm, if any, when the vehicle was not in use. The hirer shall be liable for loss, theft or damage, which liability may include the replacement costs of the vehicle, where the hirer, in the event of theft, does not have the keys to the vehicle.
4.3 The hirer shall be liable where he breaches any of the provisions or clause 5 after the occurrence of the loss or damage or the event giving rise thereto. The hirer shall be liable for an excess payment for each occurrence of loss, theft and damage, and in the event of any insurance claim being repudiated or not fully covering any damages or patrimonial loss suffered by CCH then in that event the hirer hereby undertakes and agrees to be liable to CCH for any amount not paid by the insurance.
4.4 In the event of loss or damage to any vehicle occurring, the hirer will in addition to the above be liable for towing charges incurred.
4.5 Where the vehicle hired in terms of this Agreement is, by prior arrangement, to be left at the termination of the Hire Agreement at any place other than CARMANIA CAR HIRE premises at 337b Main Road, Observatory. In the event of the hirer failing to notify CCH in terms hereof and in the event of the vehicle being damaged or stolen or any part thereof stolen or damaged, the hirer will be liable to make payment of all damages sustained by CCH in repairing or replacing the vehicle in addition to any damages on the vehicle.
4.6 Any approval by CCH to any vehicle being left for collection by it at any other place than the CCH depot will be strictly on the basis that, should the vehicle be stolen or be collected and not be found
to be in the condition in which it was handed to the hirer (as is more fully set out in the Check List), the hirer agrees to be liable for the total cost restoring the vehicle to the condition in the Check List or for the replacement thereof as the case may be.
4.7 All accidents occurring on gravel roads are subject to double the normal excess as specified on the front of our Rental Contract.
4.8 Should a problem arise with the vehicle due to the negligence of the hirer, a call out fee of R250.00 may be charged.
4.9 Notwithstanding anything in this agreement, the CCH shall not be obliged to make, institute or proceed with any claim which CCH may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the vehicle and accordingly, CCH shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.

5. RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
5.1.1 If during the hire period the vehicle is involved in any accident or collision or is stolen or the vehicle or any part of it is stolen, the hirer shall take every reasonable precaution to safeguard the interest of CCH including but without being limited to, the following where appropriate:
5.1.2 he shall obtain the name and address of everyone involved and of possible witnesses;
5.1.3 he shall not admit any responsibility or release any party from any liability or potential liability or settle any claim or potential claim against or by any party or accept any disclaimer of liability;
5.1.4 He shall notify the police and CCH as soon as possible and, in the event, within twenty four hours of the occurrence in question;
5.1.5 within forty eight hours of the occurrence in question he shall complete and furnish to CCH, the whereabouts and accident details of the vehicle;
5.1.6 he shall make adequate provisions for the safety and security of the vehicle;
5.1.7 he shall co-operate with CCH in the investigation, the making or instituting of any claim, or action and the defence of any prosecution, claim or action relating to the accident (including the making of an affidavit if he is requested to do so.)
5.2 If the hirer is not the driver, then, without in any way derogating from the hirer’s obligations to terms hereof, the hirer shall ensure that the driver complies with the provisions of this clause and the hirer warrants that the driver will do so.
5.3 The hirer shall furnish to CCH (and if the hirer is not the driver, the hirer shall also ensure that the driver furnishes to CCH) any notice of claim, demand, summons or the like which the hirer or the driver may receive on connection with the vehicle.
5.4 The hirer warrants that the information completed in CCH’s claim form as referred to herein will be
completed, true and correct in every respect.

6. INDEMNITY AND JOINT AND SEVERAL LIABILITY
6.1 Neither the CCH nor any of its directors, officers, 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, as a result of or otherwise arising from the rental by the hirer of the vehicle provided such loss or damage was not caused as a result of the negligence of the CCH.
6.2 The CCH, its directors, officers, employees (“it”) are accordingly indemnified by the hirer or his estate against any claim of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from or connected with or as a result of the renting of the vehicle contemplated in these terms and conditions.

7. USE
The vehicle shall not be used or driven:
7.1 for the conveyance of any person or property for consideration expressed or implied;
7.2 in contravention of the law;
7.3 to tow or propel any other vehicle or trailer;
7.4 by any person under the influence of drugs or alcohol;
7.5 beyond a 150km radius of Cape Town unless otherwise authorised by CCH;
7.6 beyond the borders of Republic of South Africa without the written consent of CCH first being had and obtained.
7.7 No pets/animals allowed inside a Carmania rental vehicle.

8. RATES
The hirer shall pay CCH on demand all charges as they become due in terms of this agreement. The hirer shall be liable to pay:
8.1 a charge calculated from the time that the vehicle is placed in the hirer’s possession to the time that it is returned to the possession of CCH by drop off or collection as the case may be. The minimum charge rate period will be 24 hours.
8.2 extension of the hire period beyond the originally agreed date of termination must be arranged by the hirer by contacting CCH and must be prepaid. Failure to adhere to this will mean that the hirer will be liable for the cost of repair or any and all damages to the vehicle of any nature whatsoever as the replacement cost of the vehicle or appurtenance thereon.
8.3 CCH reserves the right to claim payment of rental and insurance in advance by either a recognised credit card or bank guaranteed cheque only.
8.4 petrol is not included in the rate. Each vehicle will leave with a full tank of petrol and the hirer shall pay for refuelling thereof on return of the vehicle.
8.5 Extension of the hire period beyond the originally agreed date of termination must be arranged by the hirer by contacting CCH and must be prepaid. Failure to do so will, in the event of the vehicle being damaged or stolen or any part thereof being damaged or stolen, the hirer will then become liable for the cost of the repair of any and all damages to the vehicle of any nature whatsoever or the replacement cost of the vehicle. The decision whenever to repair or to replace a damaged vehicle shall be in the sole discretion of CCH. Where a dispute arises,the hirer shall bear the onus of providing a valid and authorised extension.
8.6 If speedometers or cabling are tampered with a R3000,00 charge will be levied on the hirer.
8.7 An administration fee of R150 will be charged per traffic violation to hirer.
8.8 The traffic fine and administration fee will be charged to the hirer’s credit card.

9. BREACH
In the event of a breach of any of the terms and conditions of this agreement, or if in the opinion of CCH, the vehicle is being driven or used in a manner which is likely to be prejudicial to the CCH or
any person, it shall be entitled to forthwith terminate the agreement and to take immediate repossession of the vehicle without prejudice to any other claims of any nature whatsoever that it may have against the hirer.
9.1 There is a contract cancellation fee of R1500 for a rental agreement that is cancelled by the hirer.

10. INTEREST
Notwithstanding anything to the contrary herein contained, the hirer shall be liable to pay interest on any outstanding amounts due and payable hereunder at the current bankers’ prime lending rate calculated from the due date of payments to date of payment in full.

11. VARIATION
No variations or waiver of any of the conditions hereof shall be operative against CCH unless contained in writing and signed by CCH.

12.GOVERNING LAW AND JURISDICTION
12.1 This 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.
12.2 The parties consent to the jurisdiction of the Magistrates Court, should CCH, at its election, bring legal proceedings in the Magistrate Court, irrespective of whether the amount involved exceeds the jurisdiction of the Magistrates Court. The parties further agree that the CCH may institute any such action or proceedings in any division of the High Court that may have jurisdiction in its sole discretion. For the purpose of such proceedings the hirer hereby chooses as domicillium citandi et executandi (address for service of all legal process) the address set out on the front of this Agreement, in the box titled
“LocalAddress”.

13. COSTS
In the event of CCH instituting legal proceedings in respect of the recovery of any outstanding amount or where it becomes necessary for CCH to consult attorneys regarding any breach by the hirer of any provision of this agreement whatsoever, then the hirer shall be liable for payment of all attorney/client fees, collection commission and tracing agents fees.

14. PAYMENTS
14.1 Payment can be made by credit card including Visa, MasterCard, debit cards or cash but regrettably CCH cannot accept cheques.
14.2 The credit card holder must be the hirer and the credit card holder must be present with his/her credit card on his/her possession when signing the Rental Agreement.
14.3 The hirer authorises CCH to debit his/her credit card with the full amount due as set out in this agreement in the event of loss, damage and theft including the cost of a replacement vehicle.

15. AGENCY
By his signature hereto as the authorised agent of the hirer, such signatory undertakes personal liability for the hirer’s obligation hereunder, notwithstanding anything to the contrary herein contained.

CREDIT CHECKS
16. CCH shall be entitled to carry out a credit check on the Hirer with one or more credit agencies who may retain a record thereof and CCH shall be entitled to record any default by the hirer with any credit agency. Such records may be made available by the credit agency to third parties, in which case CCH shall not be held liable/responsible for any repercussions such disclosure may have on the hirer. The hirer agrees that CCH 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.
17. SEVERABILITY
All of the provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision of this agreement. If any part or portion of this Agreement has been deemed to have been struck out and/or be declared a prohibited practice or the like in terms of the Competition Act, the Consumer Protection Act, the National Credit Act or other legislation, the effect of which is to adversely affect the rights of the CCH to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same position as they were before or as similar to that as possible.

18. GENERAL
18.1 The Hirer acknowledge that ownership in the vehicle shall at all times remain vested in CCH, or the true owner of the vehicle.
18.2 The Hirer shall not be entitled to cede or assign any of its 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.
18.3 If the hirer is not the driver, then, without in any way detracting from the hirer’s obligations in terms of this agreement, the hirer and the driver shall be liable to CCH jointly and severally for all and or any amounts owing under this agreement, including but not limited to damages.
18.4 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 the vehicle to you.
18.5 Save as otherwise stated in this agreement any addition to or alteration of this agreement shall be null and void unless agreed upon by us in writing.
18.6 A certificate of any Director, Manager or Accountant of CCH as to the amount owed by you to us shall on the face of it constitute proof of the amount owing.
18.7 This document contains the entire agreement between the parties regarding the matters contained herein and CCH shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.
18.8 This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa

Carmania