SIMPLIFY VEHICLE RENTAL AGREEMENT

1. DEFINITIONS AND INTERPRETATIONS

1.1. “ADDITIONAL DRIVER” means a person who, in addition to the driver, is reflected on the RENTAL AGREEMENT as being duly authorised by the CUSTOMER to drive the VEHICLE.

1.2. “CLAIMS ADMINISTRATION FEE” means an administration fee, reflected on the RENTAL AGREEMENT, charged to the CUSTOMER by the COMPANY in all instances where a claim is processed in respect of any DAMAGES whatsoever, loss of or theft of the VEHICLE, whilst in the possession of the CUSTOMER.

1.3. “COMPANY” means Simunye Vehicle & Asset Management (Pty) Ltd (Reg No.2005/041001/07) trading as “Simplify Vehicle & Truck Rental” who carry on business from 1A Emnotweni Avenue, Riverside Park Ext 6, Nelspruit, 1200.

1.4. “CONTRACT FEE” means: a once-off charge per VEHICLE rented, to cater for, interalia, storage fees of Original Documents reflected on the RENTAL AGREEMENT.

1.5. “THE CUSTOMER” means the signatory hereto and/or any person or entity on whose behalf the signatory signs this RENTAL AGREEMENT.

1.6. “DAMAGES” (in relation to the VEHICLE) includes expenditure in towing, transporting and storing the VEHICLE, repairing any physical damage caused to the VEHICLE from the time of delivery to the CUSTOMER until return of the VEHICLE to the COMPANY, replacing parts or accessories (excluding normal wear and tear) and paying an expert to inspect and assess damage to the VEHICLE and to report thereon.

1.7. “DAY” means a period of 24 hours (or part thereof) calculated from the time out in respect of the VEHICLE as reflected on the RENTAL AGREEMENT.

1.8. “EXTENDED PERIOD” means any period after the RETURN DATE, requested by the CUSTOMER and agreed to by the COMPANY.

1.9. “FUEL COST” means the cost incurred by the COMPANY to put the COMPANY in the same position it was, in respect of having a full tank of petrol in the VEHICLE, at the time when the VEHICLE was rented.

1.10. “LIABILITY” means the amount reflected in the RENTAL AGREEMENT, or in the rates information brochure, which cannot be waived, and which is charged to the CUSTOMER in the event of DAMAGE, loss or theft of the VEHICLE.

1.11. “NOMINATED DRIVER” means the party nominated by the CUSTOMER to drive and be in possession of the VEHICLE in terms of the RENTAL AGREEMENT, and whose full particulars are reflected in the cover schedule to the RENTAL AGREEMENT.

1.12. “OFFICIAL RATES BROCHURE” means the COMPANY’s current official brochure reflecting the rental rates to be charged to the CUSTOMER from time to time and other general information.

1.13. “RENTAL AGREEMENT” means this agreement between the COMPANY and the CUSTOMER and incorporates the schedule to this agreement and the OFFICIAL RATES BROCHURE.

1.14. “RENTAL PERIOD” means the period commencing on delivery of the VEHICLE by the COMPANY to the CUSTOMER and ending on the RETURN DATE or at the end of the EXTENDED PERIOD, if applicable.

1.15. “RETURN DATE” means the date stated on the face hereof, on which the VEHICLE must be returned by the CUSTOMER to the COMPANY.

1.16. “VEHICLE” means the vehicle referred to on the face hereof or any substitution of such vehicle in terms hereof.

1.17. “WAIVER” means the reduction of LIABILITY of the CUSTOMER to the COMPANY in the event of an accident/theft/loss or damage to the VEHICLE.

1.18. “YOU” means the renter or CUSTOMER.

1.19. A reference to a natural person includes a legal person.

1.20. Words importing any one gender include the other genders.

1.21. Words in the singular number include the plural and vice versa.

2. HIRE OF VEHICLE

2.1. The COMPANY hereby rents the VEHICLE to the CUSTOMER subject to these terms and conditions.

2.2. The CUSTOMER will be bound by these terms and conditions whether the CUSTOMER drives the VEHICLE or not.

2.3. If the CUSTOMER elected a specific VEHICLE for rental, but such VEHICLE is not available for any reason whatsoever, the COMPANY may substitute such VEHICLE with a similar VEHICLE without incurring any liability. If the substituted VEHICLE is of lesser value, the COMPANY shall credit the CUSTOMER account with an amount similar to the difference between the rental value of the original selected VEHICLE and the rental value of the actual rented VEHICLE.

3. DELIVERY

3.1. Delivery of the VEHICLE takes place at the time that the CUSTOMER or his representative takes possession of the keys of the VEHICLE at the renting location.

3.2. The COMPANY may refuse delivery to the CUSTOMER if an advanced payment or deposit as required has not been received by the COMPANY.

3.3. Delivery is to take place at the venue specified in the RENTAL AGREEMENT. The CUSTOMER shall have no claim against the COMPANY if the VEHICLE is not available at the time specified, save for a refund to the CUSTOMER of any amount paid in advance by the CUSTOMER.

3.4. On delivery of the VEHICLE to the CUSTOMER, the VEHICLE shall be deemed to be in good order, condition and repair and properly filled with petrol, oil and water (as specified on the vehicle inspection sheet) unless the CUSTOMER notifies the COMPANY to the contrary within 30 minutes after delivery.

3.5. If you require any special equipment in the VEHICLE, this should be arranged in advance of delivery by the CUSTOMER with the COMPANY.

4. DURATION

4.1. The VEHICLE is rented by the COMPANY to the CUSTOMER for the RENTAL PERIOD.

4.2. Under no circumstances whatsoever is the CUSTOMER entitled to extend the RENTAL PERIOD without the written agreement of the COMPANY.

4.3. If the CUSTOMER does not return the VEHICLE to the COMPANY at the conclusion of the RENTAL PERIOD, the CUSTOMER will be in unlawful possession of the VEHICLE, which may result in penalties being charged to the CUSTOMER and/or a criminal complaint for unauthorised possession of the VEHICLE being made.

5. USE OF THE VEHICLE

5.1. During the RENTAL PERIOD and the EXTENDED PERIOD, if applicable, the CUSTOMER shall ensure that the NOMINATED DRIVER and driver only utilise the VEHICLE for purposes intended by the manufacturer of the VEHICLE, within the parameters of the law of the country in which the VEHICLE is being utilised, and in a manner which is reasonable in the circumstances, not exceeding the manner in which the CUSTOMER would make use of the CUSTOMER’s own vehicle.

5.2. The CUSTOMER shall ensure that for the duration of this RENTAL AGREEMENT and whilst the VEHICLE is in his control, the keys of the VEHICLE are in his possession and control.

5.3. The VEHICLE is to be driven within speed limits, at all traffic regulations and signs and not driven by any person whose blood alcohol level exceeds the limit permitted by applicable law, or whilst under the influence of intoxicating liquor or narcotic drug.

5.4. The CUSTOMER shall not:
5.4.1. hire or lend the VEHICLE to anyone;
5.4.2. permit the VEHICLE to be in the possession or control of anyone other than the NOMINATED DRIVER or the ADDITIONAL DRIVER;
5.4.3. cause or permit the VEHICLE to be driven unlawfully or illegally or to be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of its being damaged or lost, or to be overloaded;
5.4.4. cause or permit the VEHICLE to carry any passengers or goods for reward, or for racing ; or
5.4.5. cause or permit the VEHICLE to be exposed to the risk of DAMAGE in or by any civil or public disturbance or unrest.

6. RETURN OF THE VEHICLE

6.1. On the RETURN DATE, the CUSTOMER shall return the VEHICLE at the CUSTOMER’s risk and expense to the COMPANY at the place specified herein and pay all DAMAGES and LIABILITY applicable.

6.2. At the sole discretion of the COMPANY, the CUSTOMER shall be liable to pay for the valet cleaning of the VEHICLE, if applicable.

6.3. If the CUSTOMER fails to return the VEHICLE at the agreed time and location, the COMPANY may repossess the VEHICLE wherever the VEHICLE is found and from whomsoever is in possession thereof, and any cost incurred in such recovery will be for the CUSTOMER’s account.

6.4. If the VEHICLE is not returned by the CUSTOMER at the agreed time and location, the WAIVER becomes null and void.

6.5. The VEHICLE is to be returned to the COMPANY by the CUSTOMER in the same condition in which the CUSTOMER received it.

6.6. On return of the VEHICLE, the CUSTOMER must park the VEHICLE in the designated reserved parking area at the location, ensure that the VEHICLE is locked, and hand the keys over to an authorised representative of the COMPANY only.

6.7. The CUSTOMER bears full risk and responsibility in and to the VEHICLE until the COMPANY has recorded return of the VEHICLE in writing and signed for return of the keys.

7. CUSTOMER’S RISKS AND LIABILITY

7.1. The COMPANY will at all times remain the owner of the VEHICLE.

7.2. The VEHICLE shall be at the sole risk of the CUSTOMER for the RENTAL PERIOD and the EXTENDED PERIOD if applicable.

7.3. The CUSTOMER acknowledges that the VEHICLE may be fitted with a vehicle tracking/management system which the COMPANY may use, inter alia, to record speed and other information relating to the VEHICLE, which the COMPANY is entitled to use as it deems fit.

7.4. The CUSTOMER undertakes to pay the COMPANY on demand, the full amount of DAMAGES and LIABILITY on demand if the VEHICLE is damaged, lost or stolen.

7.5. The CUSTOMER agrees that the CUSTOMER is responsible for all towing costs.

7.6. The CUSTOMER agrees that DAMAGES to tyres, rims and glass are not covered by the WAIVER.

7.7. The CUSTOMER agrees that the COMPANY may claim DAMAGES and LIABILITY, and regard the WAIVER as null and void, and recover from the CUSTOMER all such amounts necessary to place the VEHICLE in the same condition in which it was delivered to the CUSTOMER if:
7.7.1. the VEHICLE was driven on unsuitable roads;
7.7.2. it is found that the VEHICLE was driven negligently;
7.7.3. the VEHICLE was driven by any person who is not the NOMINATED DRIVER or an ADDITIONAL DRIVER;
7.7.4. the VEHICLE was driven by any person without a valid unendorsed driver’s license;
7.7.5. the VEHICLE was driven by any person under the influence of alcohol, or narcotic drugs;
7.7.6. DAMAGE is caused to the VEHICLE without the involvement of a third party or in the absence of force majeure;
7.7.7. a collision or theft is not reported to the South African Police Services within 24 hours of occurrence thereof;
7.7.8. the CUSTOMER did not take out insurance on the VEHICLE;
7.7.9. the VEHICLE is driven or transported beyond the borders of the Republic of South Africa without the written consent of the COMPANY;
7.7.10. the CUSTOMER, the NOMINATED DRIVER or the ADDITIONAL DRIVER committed a material breach of this RENTAL AGREEMENT.

7.8. It is the CUSTOMER’s responsibility to take out the necessary personal accident insurance cover, which is not provided by the COMPANY.

7.9. Nothing contained in this RENTAL AGREEMENT renders the COMPANY liable to the CUSTOMER in respect of loss, damage or theft of personal belongings out of the VEHICLE.

8. TERMINATION OF THIS AGREEMENT

8.1. The COMPANY shall be entitled to repossess the VEHICLE at any time if it is found illegally parked, being used to violate the law or the terms of this RENTAL AGREEMENT or if the VEHICLE appears to be abandoned.

8.2. The COMPANY may also repossess the VEHICLE at any time if it is discovered that the CUSTOMER has made a misrepresentation to the COMPANY in connection with this RENTAL AGREEMENT.

8.3. In these circumstances of repossession, the COMPANY is entitled to charge the CUSTOMER a cancellation fee.RIVER” means a person who, in addition to the driver, is reflected on the RENTAL AGREEMENT as being duly authorised by the CUSTOMER to drive the VEHICLE.

9. THE DRIVERS

9.1. The CUSTOMER confirms that the NOMINATED DRIVER and ADDITIONAL DRIVER have unendorsed and valid drivers’ licenses and that the COMPANY may verify that the licenses have been validly issued.

9.2. The COMPANY reserves the right to refuse to rent a VEHICLE to the CUSTOMER if a license has been suspended, revoked or restricted in any way.

9.3. The minimum driver age is 21 years and the driver’s license must have been valid for a minimum of 3 years.

9.4. The NOMINATED DRIVER and the ADDITIONAL DRIVER must be in possession of their driver’s license at all times while driving the VEHICLE.

9.5. Foreigners will be required to produce their passports and international driver’s licenses when collecting the VEHICLE and it is advised that the driver’s license must be issued in the same country as the foreign passport.

10. RENTAL RATES AND CHARGES

10.1. This RENTAL AGREEMENT is concluded on the basis that YOU will pay us the rental charges, CONTRACT FEE, FUEL COST (if applicable) and any additional charges as reflected on the face of this RENTAL AGREEMENT.

10.2. We reserve the right to amend the charges in terms of our OFFICIAL RATES BROCHURE at any time without notice to YOU.

10.3. The minimum charge is for 1 DAY.

10.4. The charges are not discountable and are non-commissionable.

10.5. The rates includes services, scheduled maintenance, oil, airport surcharges and tourism levies as well as VAT.

10.6. In determining the rental charges, the distance traveled by the VEHICLE (where required) shall be determined by the VEHICLE’s odometer, or if this is not possible for any reason, by the COMPANY in its sole discretion, on a fair and reasonable basis.

10.7. All VEHICLE odometers are sealed and if they are found to have been tampered with, the CUSTOMER will be charged an additional 500 kilometers’ rental per DAY and any discounted rates will be forfeited in these circumstances.

10.8. The COMPANY shall be entitled to carry out credit record and reference checks on the CUSTOMER with any credit bureau or agency and may retain such records, and in addition the COMPANY will be entitled to record with any credit agency or bureau, any default by the CUSTOMER in regard to this RENTAL AGREEMENT.

11. ADDITIONAL CHARGES

11.1. In circumstances of loss, damage or theft, a CLAIMS ADMINISTRATION FEE in accordance with the OFFICIAL RATES BROCHURE applicable at the time will be charged, to cover the costs of processing a claim, assessor’s fees, quote gathering and legal services.

11.2. Call out fees, CONTRACT Fees, cross-border charges and the like, will be charged to the CUSTOMER where applicable, in terms of the OFFICIAL RATES BROCHURE applicable at the time.

11.3. Additional charges will apply for delivery/collection of the VEHICLE at a location other than the COMPANY’s normal delivery and collection location.

11.4. One way rentals are available between COMPANY branches but will be subject to an additional one way fee, and such one way rentals must be pre-arranged.

11.5. If a traffic fine is received by the COMPANY relating to a period when the VEHICLE was in the control and in the possession of the CUSTOMER, a traffic fine handling fee will be charged to the CUSTOMER in addition to the amount of the actual traffic fine.

11.6. If the VEHICLE is to be driven by a driver under the age of 21 or with a license less than 3 years old, a young driver surcharge will apply in accordance with the OFFICIAL RATES BROCHURE and the insurance excess will be doubled.

11.7. The COMPANY may recover the cost of a valet service in respect of the VEHICLE in appropriate circumstances from the CUSTOMER.

12. PAYMENT

12.1. The rental should be paid in advance by electronic transfer, cash, debit or credit card.

12.2. If the RENTAL PERIOD exceeds 30 Days, the CUSTOMER will be billed monthly with final costing to be determined upon termination of the RENTAL PERIOD.

12.3. Any amounts not paid by the CUSTOMER to the COMPANY and overdue will bear interest at the prime rate of interest charged by the COMPANY’s bankers plus 3%.

12.4. If payment is attended to by debit or credit card, the CUSTOMER’s signature on this RENTAL AGREEMENT will constitute authority for the COMPANY to obtain authorisation or payment from the debit or credit card for any amounts due to the COMPANY at any time, including but not limited to DAMAGES, LIABILITY and additional charges.

12.5. A security authorisation/deposit equal to the normal remaining excess will be done on the CUSTOMER’s credit card or hybrid cheque card and such authorisation will be canceled or the deposit refunded after the CUSTOMER has returned the VEHICLE without any damages and after all outstanding amounts owing to the COMPANY have been settled.

12.6 The client will be liable for double the limited liability amount applicable in the following circumstances:
12.6.1 The damage to the vehicle is uneconomical to repair

13. PROCEDURE IN THE EVENT OF ACCIDENT, THEFT OR BREAKDOWN

13.1. Accident
13.1.1. If a VEHICLE is involved in any collision, the CUSTOMER shall within 3 hours of becoming aware of the incident, notify the COMPANY and complete the COMPANY’s standard claim form.
13.1.2. The CUSTOMER shall obtain the names, contact details and addresses of everyone involved in the incident and those of possible witnesses.
13.1.3. The CUSTOMER shall within 24 hours of the collision report same to the nearest branch of the South African Police Services.
13.1.4. The CUSTOMER shall make adequate provision for the safety and security of the VEHICLE and will not abandon the VEHICLE under any circumstances.
13.1.5. The CUSTOMER shall be obliged to cooperate with the COMPANY and its insurers in respect of the claim.

13.2. Theft
13.2.1. Irrespective of the insurance cover taken, the CUSTOMER shall be liable to the COMPANY for all DAMAGES or theft of the radio/tape deck/CD player, tyres, rims and glass.
13.2.2. The CUSTOMER will notify the COMPANY immediately of the incident and report it to the nearest branch of the South African Police Services while completing the COMPANY’s standard claim form.
13.2.3. The CUSTOMER shall obtain the names, contact details and addresses of any relevant persons or possible witnesses in regard to the theft.
13.2.4. If the VEHICLE is stolen or hijacked, an amount of 10% of the claim is payable by the CUSTOMER to the COMPANY with a minimum amount of R8 000.00.

13.3. Break down
13.3.1. All mechanical failure of the VEHICLE should immediately be reported to the COMPANY.
13.3.2. The CUSTOMER is not allowed to permit any towing, repairs or servicing to be done to the VEHICLE unless authorised by the COMPANY inwriting.

14. INDEMNITY BY THE CUSTOMER

14.1. The CUSTOMER hereby indemnifies and holds the COMPANY harmless for and in respect of any damage or loss, whether direct or indirect, arising out of any defect in, or mechanical failure of, or the safety of the VEHICLE, or the driving or use thereof, no matter how caused or how occurring, whether due to the negligence or fault of the COMPANY, its agents or servants, or not, arising out of any of the afore going and for any breach by the COMPANY of this RENTAL AGREEMENT.

14.2. In this regard the COMPANY furnishes no warranties of any nature whatsoever to the CUSTOMER as to the condition, state of repair, performance capabilities, year of manufacturer, odometer reading or anything else concerning the VEHICLE at any time.

15. GENERAL

15.1. The CUSTOMER agrees that any notices to be given to the CUSTOMER in terms of this RENTAL AGREEMENT shall be given at the address set out on the face hereof and deemed to have been received 7 Days after posting to that address.

15.2. The CUSTOMER consents to the jurisdiction of the Magistrate’s Court for any claims arising out of this RENTAL AGREEMENT, in terms of Section 45 of the Magistrate’s Court Act, 32 of 1944, as amended. 15.3. The CUSTOMER agrees that this RENTAL AGREEMENT is the entire agreement between the parties and no variation or cancellation thereof shall be valid unless in writing and signed by both parties.

15.4. The CUSTOMER agrees that the COMPANY may claim and recover from the CUSTOMER on demand, all costs and expenses incurred by the COMPANY as a consequence of any breach of the RENTAL AGREEMENT by the CUSTOMER, including attorney and own client costs and collection commission.

15.5. If any provision of this RENTAL AGREEMENT is invalid or unenforceable for any reason, same shall be severed from the rest of the RENTAL AGREEMENT and shall not affect the validity of the remaining portion.

15.6. This RENTAL AGREEMENT shall be governed by the laws of the Republic of South Africa.

15.7. The Company reserves the right, its sole and absolute discretion and without obligation to provide reasons, to reject any Client’s application to rent a Vehicle or accept any method of payment and the Client shall have no recourse against The Company as a result thereof.

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