Registration Number: 2017/501912/07
Registration Number: 2017/501912/07
In this AGREEMENT, unless the context indicates otherwise, the following expressions will bear the following meanings:
2.1 The VEHICLE will be at YOUR sole risk from the date and time of the delivery of the VEHICLE until the VEHICLE is returned to US. YOU undertake to return the VEHICLE in the same condition that YOU received it, fair wear and tear excepted.
2.2 The useage of the VEHICLE is limited to the boundaries of the WESTERN CAPE and will not be driven beyond any of these borders at any time.
2.3 A GPS Tracking Device is installed in each VEHICLE. This Tracking Device monitors the vehicles location, vehicle driving dynamics and DRIVER behavior. The Tracking Device is GEO Fenced and will demobilize the VEHICLE should the VEHICLE be driven over any Western Cape Border.
2.4 YOU will return the VEHICLE, on the expiry or termination of this AGREEMENT, at YOUR expense to our offices, situated at 10 Marconi Road, Montague Gardens, Cape Town, or to any location mutually AGREED upon YOU acknowledge that failure to return the VEHICLE in terms of this AGREEMENT will constitute a breach of the AGREEMENT and illegal possession by YOU and WE may report the VEHICLE as stolen and/or repossess the VEHICLE wherever the same may be found and from whomsoever is in possession thereof.
2.5 When YOU return the VEHICLE to the offices of MR Car Hire (PTY) LTD YOU will ensure that the keys are handed back to an authorized representative.
2.6 YOU will ensure the VEHICLE is properly locked and secure.
2.7 YOU will ensure that the VEHICLE is returned with a FULL tank of Petrol / Diesel (whichever may be applicable)
2.8 YOU understand that, should the VEHICLE not be returned with a full tank of Petrol / Diesel that a Fuel Surcharge will apply.
2.9 The sole risk of loss or damage to the VEHICLE will remain vested in YOU until such time as WE have inspected the VEHICLE and recorded the return of the VEHICLE.
YOU warrant that:
3.1 All information given by YOU to US is true and correct.
3.2 The DRIVER holds a valid and unendorsed DRIVER’s licence for the VEHICLE
3.3 YOU will not drive the VEHICLE under the influence of alcohol or any central nervous system stimulant or inhibitor
3.4 The DRIVER is not physically prevented from operating the VEHICLE safely
3.5 No person other than the DRIVER will drive the VEHICLE
3.6 The DRIVER will lock the VEHICLE and activate any burglar alarm or protection system installed in the VEHICLE when the same is not in use and the DRIVER will ensure that the keys of the VEHICLE are properly controlled.
3.7 The VEHICLE will not be used or driven for the conveyance of persons or property for reward, or in contravention of or in breach of any law, or in any race, speed test or contest, or on roads which are not properly constructed, or for towing unless supplied with a tow bar.
3.8 If the VEHICLE is supplied with a tow bar, the mass of the towed item is to be within the capabilities of the VEHICLES specification. Where a towed item exceeds the VEHICLES towing capacity, DRIVER abuse will be assumed.
3.9 The VEHICLE will not be used or driven in any way which could constitute a breach of any of the provisions of this AGREEMENT
3.10 YOU and the DRIVER will at all times display an absolute duty of care toward MCH in respect of the VEHICLE and YOU will ensure that the VEHICLE will only be used on suitable roads and in conditions in accordance with the type of VEHICLE hereby rented.
3.11 YOU and the DRIVER will 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.
3.12 The VEHICLE will not be taken outside the Western Cape. The VEHICLE has a GEO Fence function as part of its tracking device and WE will not be held responsible in the event of the VEHICLE being demobilised if the VEHICLE travels outside the borders of the Western Cape and WE will not be held responsible for any fees /costs/payments howsoever incurred by YOU crossing any of these borders.
4.1 YOU agree to pay US:
4.1.1 The VEHICLE Rental Rates and any other charges as set out in the AGREEMENT and /or the Credit Card Authorisation form and / or in terms of OUR Official Rates, whichever may be applicable.
4.1.2 The cost of the fuel supplied for the VEHICLE by US, which cost will be calculated upon return of the VEHICLE. The VEHICLE will leave the offices of MCH with a Full tank and must be returned with a Full tank; surcharges, which have been detailed, will apply should this not be adhered to. If the VEHICLE is delivered to YOU, or collected from YOU, YOU will be charged for fuel used from the time the VEHICLE leaves the offices of MCH to the time it is returned to the offices of MCH.
4.1.3 All fines, taxes, charges, tolls – including e-tolls (if applicable), charges, levies and/or legal costs payable by US to any third party arising out of YOUR use of the VEHICLE. Surcharges will apply in some instances.
4.1.4 All and any costs, including but not limited to one-way tow fees, towing charges and losses or damages incurred by US in procuring the return of the VEHICLE to the offices of MCH, or such 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 the return of the VEHICLE to US.
4.1.6 All costs for which YOU are liable, incurred by US in repairing any damage of any nature whatsoever to the VEHICLE and any loss or damages suffered by us as a result of theft, fire or any other cause whatsoever
4.1.7 Such valet charges as may be levied for the cleaning of the VEHICLE and,
4.1.8 Such accident administration and/or traffic fine handling fee that may be levied by US
4.2 WE have agreed to payment from YOU by Credit Card and YOUR signature will constitute authority for the issues of the card to debit YOU with the total amount owing, inclusive of all costs and charges of whatsoever nature, arising in terms of this AGREEMENT.
4.3 YOU will 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.
5.1 YOU will be entitled at any time during the initial period to orally extend the RENTAL PERIOD.
5.2 This extension will however only be valid if confirmed by US in writing.
6.1 WE will be entitled to terminate this AGREEMENT if YOU and/or the DRIVER commit any breach of this AGREEMENT. WE will 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 and payable.
6.2 Both YOUR and OUR rights and obligations under this AGREEMENT will 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 with all YOUR obligations in terms hereof.
7.1 Save as is provided for in law and provided that there was no negligence on OUR part, WE will 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, nor for any loss or damages to any property transported in or left in the VEHICLE, nor 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 may suffer arising out of this AGREEMENT.
8.1 If the VEHICLE is involved in any accident or collision, or is lost or stolen, or is involved in any accident which could prejudice OUR rights, the RENTER and/or DRIVER will take such steps to safeguard OUR interests, including, but not limited to the following where appropriate:
8.2 Obtain the names and addresses of everyone involved and of possible witnesses, and details of other vehicles involved.
8.3 Not, without OUR prior consent, 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.
8.4 Notify the South African Police Services (SAPS) and US as soon as possible and in any event within 24 Hours of the incident.
8.5 Within 48 Hours of the incident complete and furnish to US OUR fully completed standard claim form.
8.6 Within 24 Hours of the incident submit to US a copy of the DRIVERS licence.
8.7 Not abandon the VEHICLE and make adequate provision for its safety and security, and
8.8 Cooperate with US 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.
9.1 YOU acknowledge that ownership in the VEHICLE will at all times remain vested in US, or the true owner of the VEHICLE.
9.2 YOU will 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.
9.3 The VEHICLE is rented out with a Full tank of fuel. It is to be returned with a Full tank of fuel. We will refuel any VEHICLE returned to us where the fuel tank has not been filled and a surcharge for this will apply.
9.4 YOU are not permitted to carry out any repairs, including replacing any tyres, on the vehicle.
9.5 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 will be measured from the odometer installed in the VEHICLE. If such calculation is not practical, or possible for any reason whatsoever, the calculation will be done by such other reasonable method as WE may determine and YOU will be obliged to furnish all such information and assistance as WE may reasonably require for that purpose.
9.6 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 will be liable to US jointly and severally for all and any amounts owing under this AGREEMENT.
9.7 Please be advised that although WE use our best efforts, WE are unable to guarantee the availability 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 will endeavor to make alternative arrangements until such time as WE are able to make the VEHICLE available to YOU.
9.8 Save as otherwise stated in this AGREEMENT any addition to or alteration of this AGREEMENT will be null and void unless agreed upon by US in writing.
9.9 YOU agree that WE may sue YOU in the Magistrates Court for all purposes under this AGREEMENT, notwithstanding that the subject matter, cause of action, or amount involved be otherwise beyond the jurisdiction of the said court.
9.10 YOU choose the address where YOU will receive notices for all purposes in terms of this AGREEMENT, at the RENTERS address specifies in the AGREEMENT or, in the case of that address not being in the Republic of South Africa, at the DRIVERS local address specified in the AGREEMENT.
9.11 A certificate of any director, manager or accountant of MCH as to the amount owed by YOU to US will, on the face of it, constitute proof of the amount owing.
9.12 This document contains the entire AGREEMENT between YOU and US regarding the matters contained herein and WE will not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.
9.13 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 will be and continue to be of full force and effect.
9.14 This AGREEMENT will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
9.15 No extension, relaxation or any other leniency that may be given or allowed by US can be taken to mean that other rights may not be enforced.
9.16 The RENTER and/or the DRIVER authorises US to conduct any credit checks, which WE deem necessary to adequately assess the risk of contracting with YOU. WE are entitled to note any default by YOU in terms of this AGREEMENT and, in accordance with the National Credit Act’s requirements, with any credit bureau, and YOU hold US blameless for any consequences arising from the notation.
Clause 2.1 : The VEHICLE is rented at YOUR sole risk
Clause 4.1 : YOU agree to pay US all amounts owing in terms of this AGREEMENT
Clause 7 : YOU indemnify US from liability in certain circumstances.