Terms & Conditions BUDGET South Africa
TERMS AND CONDITIONS OF RENTAL AGREEMENT
WHICH LIMIT YOUR RIGHTS - READ CAREFULLY
1. DEFINITIONS
In this agreement, unless the context indicates otherwise, the following expressions shall bear the following meanings:
1.1 “the LICENSEE”means McCARTHY LIMITED trading as BUDGET RENT a CAR, its Sub-Licensees and rental agencies;
1.2 “the RENTER”means the renter named as such overleaf;
1.3 “the DRIVER”means the renter and/or the driver and/or the additional driver described overleaf;
1.4 “the VEHICLE”means the vehicle/s described overleaf or any other replacement vehicle provided to the renter by the Licensee, (including the car documents, 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 Licensee's records;
1.6 “the OFFICIAL RATES”means the Licensee's rates charged from time to time as indicated overleaf and/or in terms of its 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 office of the Licensee;
1.7 “the EXCESS”means the amount referred to as “EXCESS”overleaf and/or in the official rates and / or Information Brochure including, but not limited to CDW SCDW TLW STLW; and
1.8 “PERSON”includes any natural person or legal entity. Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa. The Licensee hereby rents to the renter, who hires the vehicle subject to the terms here below:-
2. RISK AND DELIVERY
2.1 The vehicle shall be at the sole risk of the renter from the date and time of delivery of the vehicle to him until the vehicle is returned to the Licensee. The vehicle shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted. The vehicle is deemed to be delivered to the driver by the Licensee free of any damage of whatsoever nature and in good order and repair.
2.2 The renter shall return the vehicle, on the expiry of or on termination of this agreement, at the renter's expense to an authorized representative of the Licensee at the “termination office”described overleaf or such location as agreed to by the Licensee and entered on the Licensee's records. The renter acknowledges that failure to return the vehicle in terms of this agreement shall constitute illegal possession by him, and the licensee 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 Licensee, the renter and/or driver and/or such person shall:
2.3.1 park the vehicle in the Licensee's reserved parking;
2.3.2 ensure that the vehicle is properly locked and secure;
2.3.3 hand the keys of the vehicle to an authorised representative of the Licensee at the Licensee's offices where the Licensee's offices are open for business;
2.3.4 leave the keys in a drop safe provided at the offices of the Licensee where the Licensee's offices are not open for business.
2.4 In the event that the vehicle is returned in accordance with clause 2.3.4 above then the sole risk of loss or damage to the vehicle shall remain vested in the renter until such time as the licensee has recorded the return of the vehicle.
3. WARRANTIES BY RENTER
The renter warrants that:
3.1 all particulars and representations given and made by the renter are true and correct;
3.2 the signatory who signs this agreement on behalf of the renter is authorised to act as such;
3.3 the driver holds a valid driver's license for the vehicle, has not been convicted of any criminal offence which resulted in the endorsement or cancellation of his driving license, will not drive the motor vehicle under the influence of alcohol;
3.4 neither he nor the driver have defective vision or hearing, ever had a fit, have any physical infirmity, or is infirm in any way whatsoever;
3.5 no person other than the driver shall drive the vehicle;
3.6 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;
3.7 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 to propel or tow any vehicle or trailer or on roads not properly constructed;
3.8 the vehicle shall not be used or driven in any way which would constitute a breach of any of the provisions of this agreement;
3.9 no insurer or underwriter has ever declined his application for any form of motor insurance, cancelled his policy, refused to renew his policy or required an increased premium or imposed special conditions on him or the driver.
3.10 He and or the driver shall at all times display an absolute duty of care towards the licensee in respect of the vehicle, in that the renter/driver shall ensure that the vehicle shall only be used on suitable roads and conditions as in accordance with the type of vehicle hereby rented .
4. PAYMENTS
The renter agrees to pay to the Licensee the aggregate of the amounts payable in terms of subclauses
4.1.1 to 4.1.11 inclusive.
4.1.1 the vehicle rental rates as set out overleaf and/or in terms of the official rates and/or any other rate agreed in writing between the renter and the Licensee, as the case may be;
4.1.2 any other fees and/or charges accepted by the renter in terms of this agreement and/or levied in accordance with the official rates;
4.1.3 the cost of fuel supplied for the vehicle by the Licensee which cost will be calculated upon return of the vehicle;
4.1.4 all fines, taxes, charges, stamp duties, levies and tolls payable by the Licensee to any authority arising out of the use of the vehicle by the renter;
4.1.5 all and any costs, ( including but not limited to ) towing charges, losses or damages incurred by the Licensee in procuring the return of the vehicle to the terminating office described overleaf, or such other location as determined by the Licensee in its sole discretion;
4.1.6 any damages or losses suffered by the Licensee due to the failure of the renter to return the vehicle on the expiry of the rental period, including but without limiting the generality of the foregoing, all amounts which would have been payable by the renter in terms of this agreement if the rental period had been validly extended to the actual date of return of the vehicle to the Licensee;
4.1.7 All fines and court costs payable by the Licensee for any legal violation assessed against the vehicle, renter or Licensee;
4.1.8 any costs, including attorney's and own client fees, collection commission and tracing charges directly or indirectly incurred by the Licensee in enforcing any of its rights or recovering any amounts in terms of this agreement;
4.1.9 All costs incurred by the Licensee 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 the Licensee as a result of theft, fire or any cause whatsoever.
4.1.10 such valet charge as may be levied for the cleaning of the vehicle.
4.1.11 such accident administration fee and a traffic handling fee that may be levied by the licensee.
4.2.1 If during the rental period the renter received any service or benefit, but no charge was specified, then the renter shall pay a charge determined on the basis specified in accordance with the official rates or, if no such basis is specified, on the Licensee's standard rates applicable at that time in respect of the particular service or benefit
4.2.2 All charges payable by the renter shall be payable in cash or by Credit Card on the termination of this agreement unless the Licensee requires all or any of the charges to be prepaid in advance.
4.2.3 If the licensee has agreed to payment from the renter by way of a credit card or charge card specified overleaf, the renter's signature shall constitute authority for the issuer of the cards to debit him with the total amount due, inclusive of all costs, charges and damages of whatsoever nature, howsoever arising.
4.2.4 The renter shall pay all amounts payable by the renter under this agreement to the Licensee, on demand. If any payment is not made on due date, then the Licensee may, without prejudice to any of its rights, charge interest on the amount due at the maximum rate permissible by law.
5. EXCESS WAIVER
5.1 If the renter has purchased in advance the collision damage waiver (CDW) and/or theft loss waiver (TLW) or a super waivers (”SCDW”T'STLW”) as evidenced by his initials in the space overleaf and further provided that the driver has not breached any provision of this agreement and/or any provision contained in the information brochure then renter's liability for such damage:
5.1.1 shall not exceed the excess as stated in the official rates and/or as stipulated overleaf;
5.1.2 shall be waived to the extent that it exceeds the excess as stated in the official rates.
5.2 The renter shall be bound by all and any of the terms and conditions applicable in terms of the Licensee's standard motor vehicle insurance policy and the terms and conditions applicable to all excess waivers as published from time to time in the licensee's information brochure (copies of both documents are available for inspection at the registered office of the Licensee).
5.3 All excess waivers shall not include any damage to the vehicle incurred as a result of Pot Holes, Dust Storms and or Sand.
SPECIAL INSTRUCTIONS
6. EXTENSION OF RENTAL PERIOD
6.1 The renter will be entitled at any time during the initial rental period to extend such rental
period orally and the renter agrees that any extension so noted by a representative of the
Licensee on the Licensee's records will correctly reflect such extension, and notwithstanding anything contained herein to the contrary the original rental agreement will be regarded as so amended.
6.2 It is the renter's obligation to obtain a reference number in respect of any valid oral extension.
7. TERMINATION
7.1 Notwithstanding anything to the contrary contained elsewhere in this agreement, the Licensee shall be entitled to terminate this agreement and in its sole discretion, at any time without notice to the renter and/or driver and or representative of the renter and/or driver retake possession of the vehicle. The renter shall return the vehicle to the Licensee upon demand.
7.2 The obligations of the renter and rights of the licensee under this agreement shall continue to be in full force and effect until such time as the vehicle has been returned to the Licensee in terms of this agreement and the renter has complied with all his obligations in terms hereof.
8. INSURANCE
Should the renter purchase cover on the terms and conditions of the open personal accident insurance policy arranged by the Licensee with the Licensee's insurer for the account of the renter by initialling the relevant space overleaf then, provided that the driver is not in contravention of the said policy terms, he shall obtain cover on the terms as published from time to time in the Licensee's information brochure.
9. CIVIL DISTURBANCE
9.1 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.
9.2 The renter shall be liable for all damage suffered by the Licensee if the driver contravenes this clause for any reason whatsoever.
10. INDEMNITY
10.1 The renter indemnifies the Licensee against any claim by any person for any damage of any nature whatsoever suffered as a result of any incident involving the vehicle whether as a result of the Licensee's negligence or otherwise.
10.2 The Licensee shall not be liable for any damage arising out of any defect in or mechanical failure of the vehicle, nor for any loss of or damage to any property transported in or left in the vehicle, nor for any indirect damages, consequential loss, loss of profits or any other damages which the renter or the driver or any person transported in the vehicle may suffer arising out of this agreement.
10.3 The driver indemnifies the Licensee against any claim by any person for any damage of any nature whatsoever suffered as a result of any incident involving the conveyance of the driver and any other passenger whether as a result of the Licensee's or any of it's employee's negligence or otherwise.
10.4 The Licensee shall not be liable for any damage to person or property in terms of the aforesaid conveyance referred to in
10.3 above, nor for any loss of or damage to any property transported in or left in the conveyance vehicle, nor for any indirect damages, consequential loss, loss of profits or any other damages which the renter or the driver or any person transported in the vehicle may suffer .
11. RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
11.1 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 the rights of the Licensee, the driver shall take all such steps to safeguard the interests of the Licensee, including, but not limited to, the following where appropriate:
11.1.1 he shall obtain the name and addresses of everyone involved and of possible witnesses;
11.1.2 he 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;
11.1.3 he shall notify the police and the Licensee as soon as possible and in any event within 24 (twenty four) hours of the occurrence in question;
11.1.4 within 48 (forty eight) hours of the occurrence in question he shall complete and furnish to the Licensee the Licensee's fully completed standard claim form;
11.1.5 within 48 (forty eight) hours of the occurrence in question, he shall submit a copy of his driver's license to the Licensee;
11.1.6 he shall make adequate provision for the safety and security of the vehicle.
11.2 He shall co-operate with the Licensee and its insurer in any investigation, the lodging or instituting of any claim or action and the defense of any prosecution, claim or action relating to the above.
11.3 If the renter is not the driver, then, without in any way derogating from the renter's obligations in terms of this clause, the renter shall ensure that the driver complies with the provisions of this clause 11. If the renter is not the driver and the driver does not comply with the conditions as set out in clause 11, hereof, the renter shall automatically become liable for all damages, including any third party claims.
11.4 The renter shall furnish the Licensee (and if the renter is not the driver the renter shall also ensure that the driver furnishes to the Licensee) any notice of claim, demand, summons or the like, which the renter or the driver may receive in that regard.
11.5 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 Licensee.
12. GENERAL
12.1 The renter acknowledges that ownership in the vehicle shall at all times remain vested in the Licensee, or the true owner of the vehicle The Licensee may at any time for any reason whatsoever retake possession of the vehicle on its own behalf or acting as a duly authorised agent for and on behalf of the true owner of the vehicle.
12.2 The renter shall not be entitled to cede or assign any of his 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.
12.3 The cost of fuel is not included in the amount of the rental.
12.4 Any tampering by the renter with the odometer of the vehicle will be regarded as fraud. Where required in determining the rental charges, the distance driven by the renter 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 the licensee in its sole discretion may determine and the renter shall be obliged to furnish all such information and assistance as the Licensee may reasonably require for that purpose.
12.5 If the renter is not the driver, then, without in any way derogating from the renter's obligations in terms of this agreement, the renter and the driver, shall be liable to the Licensee jointly and severally for all and or any amounts owing under this agreement including but not limited to damages.
12.6 The renter declares that he has not been induced to enter into any provision of this agreement upon any representation made by or on behalf of the Licensee with regard to the delivery time, the condition, quality, state of repair, performance capability, fitness or suitability for any purpose, of the vehicle.
12.7 Save as otherwise stated in this agreement any addition to or alteration of this agreement shall be null and void unless agreed upon by the Licensee in writing.
12.8 Waiver by the Licensee of any breach of this agreement shall not prejudice any rights of the Licensee under this agreement.
12.9 The Licensee in its sole discretion may appropriate any payment, which the Licensee may receive from the renter, or from any other person on behalf of the renter, to any liability of the renter under this agreement.
12.10 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.
12.11 The renter chooses domicilium citandi et executandi for purposes of this agreement, at the renter's address specified overleaf or in the case of that address not being within the Republic of South Africa, at the driver's local address specified overleaf.
12.12 A certificate of any Director, Manager or Accountant of the licensee as to any amount owed by the renter to the Licensee shall constitute proof of the amount owing.
12.13 This document contains the entire agreement between the parties regarding the matters contained herein and the Licensee shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
12.14 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.
12.15 Drivers aged between 18 and 23 shall be entitled to hire the vehicle subject to the terms contained in the licensee's information brochure. The said hire shall, however, be subject, at all times, to the renter timeously fulfilling all of the licensee's requirements in this regard. The licensee reserves the right to decline such rental in it's sole discretion .
12.16 By his signature hereto the driver and or the authorised agent of the renter undertakes personal liability for the renter's obligations, as surety and co principal debtor in solidum.
12.17 This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Explore Africa, agency for Budget South Africa
Tuki Schlorf, Gillian Street 90, Bellville 7530, Cape Town, South Africa
FAX-Hotline: +27-21-9102228, e-mail: tuki@intekom.co.za