Terms and Conditions

Rental Terms & Conditions

1. DEFINITIONS

1.1. “I”, “myself” and “Renter” refers to me; and “Licensee”, “you” and “your” refers to [SMH Car Hire, a division of SMH Financial Services (Pty) Ltd (2002/008007/07)

1.2. The “Excess” means the amount referred to as “Excess”, constituting the first amount payable overleaf and/or in the rate card.

1.3. “Person” means any natural person or legal entity, any reference to one gender includes the other and any reference to singular includes the plural and vice versa.

1.4. “Parties” refers to the Renter and the Licensee.

1.5. The “Rate Card” means the Licensee’s rate card (which is available for inspection at any of the Licensee’s offices) as it appears on the date of conclusion of this agreement.

1.6. “Rental Period” refers to the period between the “Out (D/T)” and the “Due back (D/T)” as specified overleaf, if such a period is extended, the date and time entered on the Licensee’s records.

1.7. “Renter” means the Person hiring the Vehicle, as specified overleaf.

1.8. “Risk” refers to the possibility of suffering harm or loss of a physical or financial nature and the responsibility for the harm or loss suffered.

1.9. “Vehicle” or “Rental vehicle” refers to the vehicle noted in this agreement and its accessories or any replacement vehicle and its accessories.

1.10. In this agreement:

1.10.1. any one gender includes the other two genders;

1.10.2. the singular include the plural and vice versa; and

1.10.3. natural persons include created entities (corporate or non-corporate) and vice versa.

2. HIRE OF VEHICLE

2.1. The Licensee agrees to make the Vehicle available to me subject to the terms and conditions contained herein.

2.2. I confirm that by signing this document and accepting the Rental Vehicle or its replacement, I agree to be bound by this agreement and accept the terms and conditions thereof.

2.3. I also confirm that my acceptance of any replacement Vehicle will not give rise to a new contract and I will remain bound by the terms and conditions of this agreement.

3. RENTER’S ACKNOWLEDGEMENTS

3.1. I acknowledge that the Vehicle will remain the property of the Licensee or the title holder as the case may be at all times.

3.2. I confirm that I may not give any Person rights of any nature over the Vehicle.

3.3. I confirm that I may not sublet the Vehicle or any of its parts, tools or equipment to any other Person.

3.4. I acknowledge and accept that the Licensee will consider any tampering with the odometer as being fraudulent conduct on my part.

3.5. I acknowledge and accept that the Licensee may, at its sole discretion, use any industry accepted method to determine whether the odometer has been tampered with.

3.6. I acknowledge and accept that if I am not the (only) driver, then both the driver and I will be jointly and severally liable to the Licensee for any amounts owing under this agreement including but not limited to any amount that may be claimed by the Licensee by way of damages; this means that the Licensee may opt to claim any and all amounts owing from me or the driver or from the both of us.

3.7. I confirm that the Licensee may charge for all fines or tolls received (during the rental period or any extension thereof) on my credit card, as further specified in clause 10.15.

3.8. I confirm that the Licensee may charge for administration fees relating to the hiring of the Vehicle above on my credit card.

4. RENTER’S RESPONSIBILITIES

4.1. I will not sell, offer to sell, rent, offer to rent, offer as security or dispose of the Vehicles or any of its parts.

4.2. I will not give any Person legal rights over the Vehicle, neither will I wilfully give the impression that I am the registered owner of the Vehicle.

4.3. I will not permit any Person to work on the Vehicle.

4.4. I will immediately inform the Licensee should I become aware of any faults of any nature in the Vehicle, unless these faults have already been noted in this agreement.

4.5. I will be present for the Vehicle inspection upon the return of the Vehicle.

4.6. I acknowledge that I will be responsible for the Vehicle while it is in my care and/or in my possession and/or under my control and until such time as it has been inspected by the Licensee’s representatives.

4.7. I will at all times display an absolute duty of care towards the Licensee in respect of the Vehicle, which shall be used only on and in suitable roads and conditions in accordance with the type of Vehicle rented.

5. WARANTIES BY RENTER

I warrant that:

5.1. All particulars and representations made by me are true and correct.

5.2. The nominated driver is not younger than 23 (twenty three) years, hold(s) a valid drivers license for that Vehicle and has/have not been convicted of any criminal offence which resulted in the endorsement or cancellation of the drivers license.

5.3. The drivers will not drive the Vehicle whilst under the influence of alcohol or drugs; and has held his/ her driver’s license for a minimum of 5 (five) years.

5.4. Neither I nor the nominated driver-

5.4.1. Have defective hearing

5.4.2. Have any physical infirmity, or are unfit in any way whatsoever to drive or have custody of the Vehicle.

5.4.3. Have had a fit or seizure.

5.4.4. Have any other pre-existing condition and/or ailments which would make either of us unfit to operate a motor Vehicle.

5.5. No Person other than those noted in this agreement shall drive the Vehicle at any time.

5.6. The driver will lock the Vehicle and activate any alarm or any protective system installed in the Vehicle when the Vehicle is not in use, and insures that the keys to the Vehicle are properly controlled and safe guarded.

5.7. The Vehicle shall not be used or driven:

5.7.1. For the conveyance of Persons or property for monetary considerations.

5.7.2. In contravention of or in breach of any law.

5.7.3. In any race, speed test or contest.

5.7.4. For purposes of transporting any goods.

5.7.5. To propel or tow any Vehicle or trailer.

5.7.6. On unsuitable roads or terrain.

5.8. The Vehicle will not be driven to any area outside the Republic of South Africa unless expressed and written authorisation has been received from the Licensee prior to undertaking such a trip.

5.9. The Vehicle will not be used or driven in any way that would amount to a failure to abide by these terms and conditions.

5.10. No insurer or underwriter has ever declined my application for any form of motor insurance, or cancelled and/or refused to renew my insurance policy or required an increased premium or imposed special terms and conditions on my policy.

6. WARANTIES BY SIGNATORY

6.1. I confirm that I have the necessary authority to bind the Renter and conclude this agreement on the Renter’s behalf.

7. EXTENSION OF RENTAL PERIOD

7.1. I acknowledge that I may extend the rental period by notifying the Licensee by fax, email or telephone, provide that the Rental Vehicle is available for use during the intended extension period, subject to such agreement being recorded in writing.

7.2. I confirm that my request may be refused if the Vehicle has already been reserved for another client, or for any other reason.

7.3. I confirm that refusal to extend the rental period is at the Licensee’s sole and absolute discretion.

8. CIVIL DISTURBANCE

8.1. Neither the Renter nor the driver shall knowingly take the Vehicle into any area or on to any road where there is a possibility that the Vehicle may be damaged, stolen or lost through civil disturbance or through any act of political unrest.

8.2. I shall be liable for all damage suffered by the Licensee if the Renter or the driver breaches this provision in any manner. The waiver contained in clause 12 shall not apply in those circumstances and any damage as aforesaid shall be for my full account.

9. FEES, PENALTIES AND ADDITIONAL CHARGES

9.1. I confirm that I am liable for the amount of R 350 (three hundred and fifty rand) for the rental contract fee. This fee will covered the cost of administration, storage and retrieval of all my rental records as is required by law.

9.2. I confirm that I will be liable for the amount of R 350.00 (three hundred and fifty rand) per additional driver if I include additional drivers under this rental agreement.

9.3. I confirm that should the Rental Vehicle be returned dirty, the Licensee will charge me a fee for cleaning the Vehicle.

9.4. I confirm that I will be liable for an additional fee of R 1, 800.00 (one thousand eight hundred rands) should I choose the cross border rental option.

9.5. I confirm that should the Licensee have to recover the Vehicle from another country, I will be liable for all costs that arise as a result of the recovery.

9.6. I confirm that I will be liable for traffic fines received by the Licensee or an offence that occurred while the Vehicle was in my possession and that the Licensee will either redirect or pay the fine on my behalf, where I will then be charged for the fine on my credit card, and I will be liable for an administration fee of R 250.00 (two hundred and fifty rand) per fine.

9.7. I confirm that if the driver or the Renter knowing takes the Vehicle into any area or on to any road where there is a possibility that the Vehicle may be damaged, stolen or lost through civil disturbance or through any act of political unrest, I will be liable for all the damages that may arise.

9.8. Delivery and collection fees; Delivery to or collection from a pre-arranged location within 25 (Twenty five) kilometres of the Licensee’s rental office occurring between:

9.8.1. Monday to Friday 08:00 – 17:00, I confirm that the Licensee is entitled to charge a delivery/collection fee of no more than R 250.00 (two hundred and fifty rand)

9.8.2. After hours Monday to Friday, weekends and public holidays, I confirm that the Licensee is entitled to charge a delivery/collection fee of no more than R 1, 000.00 (one thousand rands).

9.8.3. Delivery to a pre-arranged location further than 25 (twenty five) kilometres of the Licensee’s rental office; I confirm that the Licensee is entitled to charge a delivery/collection fee not exceeding;

0-50kms – R1,200.00 50-100kms – R1700.00

100-200kms – R2,500.00 200-500kms – R5000.00

500-1000kms – R7000.00 over 1000kms – R10000.00

9.8.4. The above rates apply to standard daily deliveries/collections. Any delivery/collection after hours will incur an additional R 1, 000.00 (one thousand rand).

9.9. I acknowledge and accept that I will be held liable for any costs, lost or damages that the Licensee suffers as a result of my failure to inform the Licensee of any damages that the Vehicle has suffered in accordance with the time frames stipulated in this agreement.

9.10. I acknowledge that in the event of a breakdown or accident across the border, the Licensee will charge a reasonable delivery/collection to retrieve the Vehicle and deliver a replacement Vehicle, the costs of which shall be for my account.

10. PAYMENTS

I agree to pay:

10.1. The rental rates as set out in this agreement and in terms of the rate card or as otherwise agreed by the parties.

10.2. Any other fees agreed to or acknowledged by me in terms of this agreement.

10.3. The cost of refuelling the Vehicle.

10.4. If the Vehicle is not returned on the due date, all amounts which would have been payable by me in terms of this agreement if the rental period had been validly extended to the actual date of return of the Vehicle.

10.5. All fines, tolls, charges, stamp duties, levies, taxes, admin fees and/or handling fees payable to the Licensee or to any authority arising from my and/or the driver’s use or misuse of the Vehicle.

10.6. All and any costs including but not limited to towing charges, losses or damages incurred by the Licensee in arranging the return of the Vehicle to the required destination, or at such other location as determined by the Licensee.

10.7. Any damages or loss suffered as a result of my failure to return the Vehicle on the expiry of the rental period.

10.8. Any valet charge as may be levied for the cleaning of the Vehicle, if the Vehicle is returned dirty.

10.9. Any costs, including attorney’s fees (on an actual attorney and client basis) incurred by the Licensee in enforcing any of its rights in terms of this agreement or recovering any amounts due to the Licensee in terms of this agreement.

10.10. All costs incurred by the Licensee in repairing any damage to the Vehicle which is not covered by the “collision damage waiver” or “cross border waiver” if such damage occurred in whole or in part as a result of my or the drivers negligence (irrespective of who caused and/or who was negligent in respect of that collision or loss).

10.11. Any “Excess” or first amount payable as per the collision damage waiver.

10.12. In the event that the Vehicle is returned late, the daily rate plus an additional penalty of R 500.00 (five hundred rand) per day after the return date that appears in this agreement or as agreed by the Licensee.

10.13. Any loss or damages suffered by the Licensee as a result of my failure to comply with any terms and conditions in this agreement.

10.14. I agree to effect any and all payments due under this agreement to the Licensee, on written demand.

10.15. I have agreed to effect payment by way of credit card or charge card and as such, my signature shall constitute valid authority for the issuer of that card to debit me with the total amount due and owing, inclusive of all fees, costs and charges arising under this agreement.

10.16. I agree that all additional fees, costs and charges referred to in this agreement shall be payable by me. All charges may be debited to my credit card from such authorisation and/or deducted from any deposit paid. Such amounts shall not be refunded until the Licensee has raised all charges payable under this agreement. Any balance remaining after the deduction of such charges shall be immediately refunded to me.

10.17. In the event that this rental is being paid by a third party, I acknowledge that I am responsible to ensure this payment is made and that I will be held responsible for payments should the third party default on any payments.

10.18. The Licensee will not be held accountable for any disputes between the Renter and third party for payment.

11. RISK AND DELIVERY

11.1. I acknowledge and accept that the Vehicle will be at my Risk from the time of delivery until it has been returned. I undertake to return the Vehicle undamaged, in good order and in a roadworthy condition, fair wear and tear excepted. I understand that I am responsible for inspecting the Vehicle immediately upon delivery to ensure that the Vehicle is free of defects, damage and/or scratches. If I fail to do so, and to report the same to the Licensee, the Vehicle shall be deemed to be in a good condition, order and repair and I shall be liable for any and all damages to the Vehicle, and for all charges related thereto.

11.2. I agree to immediately inform the Licensee should the Vehicle sustain damage of any nature, should I be unable to inform the Licensee immediately, I agree to do so as soon as possible.

11.3. I agree to return the Vehicle to the Licensee undamaged, in good order and in a road worthy condition, save for fair wear and tear.

11.4. I will return the Vehicle, at my expense to the (termination office) as noted in this agreement or as otherwise agreed with the Licensee.

11.5. I acknowledge that my failure to return the Vehicle at the specified date will result in my possessing the Vehicle illegally and as a result, the Licensee may report the Vehicle stolen.

11.6. I confirm that should the Vehicle be reported as stolen due to my failure to return it on time, I will not hold the Licensee liable for any damages of any nature, direct or indirect that I may suffer as a result of such a report.

11.7. I confirm that should the Vehicle be returned to any address other than the one it was rented from, I will remain responsible for the Vehicle and its condition until it has been re-inspected by the Licensee or the Licensee’s representatives. Upon return of the Vehicle to the Licensee, the Renter or driver shall:

11.7.1. Park the Vehicle in the Licensee’s designated parking;

11.7.2. Ensure that the Vehicle is properly locked and secure;

11.7.3. hand the keys of the Vehicle to an authorised representative of the Licensee at the Licensee’s offices where the Licensee’s office is open for business.

11.8. In the event of an accident or collision, the Renter is responsible for a claim administration fee and towing charges, which are not included in the waiver charges.

11.9. The Licensee has advised me to lessen my Risk by communicating with my insurer and confirming whether or not the Rental Vehicle will be covered under my own Vehicle policy whilst it is in my possession.

11.10. I confirm that I will be responsible for all third party damages and claims that may arise as an incident involving the Rental Vehicle while it is in my possession except if the incident was caused by a defect or fault or mechanical failure in the Rental Vehicle.

12. COLLISON DAMAGE / THEFT OR LOSS WAIVER

12.1. In the event of an accident, damages, theft loss or hijacking the Renter is responsible for the specified excess amount or percent (whichever is the greater) indicated on the rental agreement (front page).

12.2. In the event the vehicle is a stolen vehicle or accident write off, the insurance excess amount or percent is calculated on the retail value of the vehicle.

12.3. In the event of an accident or damage repair the excess amount or percent is calculated on the cost of the repair.

Note: In the event of an accident occurring when the Vehicle was not driven by the Renter, or other authorised driver as nominated on the rental agreement, the Renter will be responsible for the full value of the damage sustained to (if the Vehicle is reparable) or the retail value the Vehicle, in the case of the total loss of the Vehicle. The Renter will also be responsible if the Vehicle was driven on unsuitable roads, if the Renter or driver was driving negligently or if no other car, animal or object was involved. Collision damage waiver including cross border waiver does not cover:

· _Damage to glass, tyres or rims;

· _Damage to under carriage;

· _Damage caused by water;

· _Damage and/or total loss sustained as a result of Renter/driver’s negligence;

· _Damage and/or total loss sustained whilst Renter/driver is in breach of any traffic laws/ordinances;

· _Damage and/or total loss sustained where incidents are not reported as contemplated in clause 13;

· _Damage and/or total sustained where incidents take place outside the borders of the country in which the Vehicle was rented unless prior written authority for the Vehicle to be taken outside such country has been obtained from the Licensee;.

· _Damage and/or loss sustained if at any time the Vehicle is driven by an unauthorised driver;

· _Damage and/or total loss sustained when in the opinion of the Licensee the Vehicle has been driven in a manner which prejudices the Licensee’s interests or rights therein and/or as prohibited in clause 4;

· _Damage and/or total loss sustained where the driver was not holding a valid un-endorsed drivers license at the time of damage or loss was sustained;

· _Damage and/or total loss sustained after the rental period, or any authorised extension thereof, had expired;

· _Damage and/or total loss sustained as a result of the Vehicle being driven on a road that was not suitable for the Vehicle is determined in the sole discretion of the Licensee;

· _Damage and/or total loss sustained whilst the Vehicle was being driven by a Person whose blood alcohol concentration exceeded the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor, narcotic drug or similar substance.

13. RESPONSIBILTY OF LOSS OR DAMAGE TO THE VEHICLE

13.1. I confirm that should the Vehicle, or any of its parts or accessories be damaged or lost as a result of a collision accident or theft, I will take all responsible steps to safe guard the interests of the Licensee including but limited:

13.1.1. Obtaining the names, addresses and contact details of any witness and the Persons involved in the incident;.

13.1.2. Obtaining full particulars (make, model, colour, registration number, license disk number) of other Vehicles involved in the incident;

13.1.3. Reporting the incident to police within 24 (twenty four) hours and providing the Licensee with the case number and correctly completed case forms;.

13.1.4. Notifying the Licensee of the incident within 3 (three) hours or as soon as reasonably practicable in the circumstances;.

13.1.5. Not accepting responsibility or accepting liability for the incident;

13.1.6. Not settling any claim or potential claim by or against any party;

13.1.7. Not accepting any disclaimer of liability;.

13.1.8. Taking satisfactory steps to provide for the safety, security and towing of the Vehicle at my and/or the driver’s own cost.

13.2. I agree that I and/or the driver will co-operate with the Licensee and the Licensee’s insurer in any investigation, lodging or institution of my claim, action, prosecution action or defence related to the incident.

13.3. I agree that I and/or the driver will provide the Licensee with any notice of claim, demand, summons or similar notice or document received and relating to the Rental Vehicle.

13.4. I confirm that I will not be entitled to effect or arrange any repairs to the Rental Vehicle.

14. TERMINATION

14.1. Both parties will be entitled to terminate this agreement at their sole discretion, at anytime, by giving written notice to the other party.

14.2. I confirm that the Licensee shall be entitled to terminate this agreement if the Renter or the driver commits any breach of this agreement. In those circumstances, the Licensee shall be entitled to the immediate return of the Vehicle and any amount then owing by me to the Licensee shall become immediately due and payable.

14.3. I confirm that if the contract is cancelled, I will return the Vehicle to the Licensee by the revised return date.

14.4. I confirm that this agreement will remain in force until both parties will perform their obligations in terms of this agreement in full.

15. INDEMNITY

15.1. The Renter and the driver each indemnify, jointly and severally, and agrees to hold the Licensee, its employees, directors and agents, not liable for any damages, loss, expense, injury or loss of life arising out of any defect in, and/or mechanical failure of the Vehicle, or any damages or loss to any property transported in the Vehicle, or for any damages, loss, expense, injury or loss of life, loss of profit or consequential damages which the Renter, the driver or any Person transported by them in the Vehicle may sustain as a result of the hiring of the Vehicle, save in the case of any negligence on the part of the Licensee.

15.2. The Renter and the driver each indemnify, jointly and severally, and agrees to hold the Licensee, its employees, directors and agents not liable for any costs, expenses, loss or damages sustained by the Renter as a result of any dispute between the Renter and/or the driver and any third party as contemplated in clause 10.17.

16. JURISTICTION

Both parties consent to the jurisdiction of the Magistrate court in terms of the Magistrate Court act, even if the value of the claim by either party may be outside the jurisdiction of the Magistrate court. Each party may at its discretion, institute legal proceedings in any other court of competent jurisdiction.

17. SERVICE ADDRESS

I nominate the physical address reflected on the face of the invoice for service of all notices and process in connection with any claim arising in terms hereof. You may give notice by pre-paid registered mail or hand delivery to my service address.

18. GENERAL

18.1. I shall not be entitled to pledge, cede or assign any of my rights or obligations under this agreement.

18.2. Any addition to or amendment to this agreement which is not agreed to by the Licensee in writing shall be null and void.

18.3. A certificate of any manager or director of the Licensee as to the amount owing by the Renter to the Licensee shall on the face of it constitute proof of the amount stated therein.

18.4. This agreement constitutes the entire agreement between the parties regarding the matters set out herein, and the Licensee shall not be bound by any warranties, representations or undertakings not recorded herein.

18.5. Each clause of this agreement is severable from the rest of the agreement, and if any part of this agreement is found to be defective by any competent court, then the remaining clauses of this agreement shall continue to be of full force and effect.

18.6. This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

 Errors and omissions excepted (E&OE)