1. DEFINITIONS AND INTERPRETATIONS
- “ADDITIONAL DRIVER” means such a person who, in addition to the driver, is reflected on the rental agreement as being duly authorized by the COMPANY to drive the vehicle;
- “CLAIMS ADMINISTRATION FEE” means: An administration fee, reflected on the rental agreement, charged in all instances where a claim needs to be processed i.r.o. any DAMAGES whatsoever, loss of or theft of the vehicle;
- “COMPANY” means Simunye Vehicle & Asset Management (Pty) Ltd, (Reg. No. 2005/041001/07) trading as “Simplify Vehicle& Truck Rental”, with chosen physical address 1A Emnotweni Avenue, Riverside Park ext 6, Nelspruit, 1200;
- “CONTRACT FEE” means: a once-off charge per rental to cater for inter alia storage fees of Original Documents reflected on the rental agreement;
- “THE CUSTOMEROR RENTER” means jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement;
- “DAMAGES” (in relation to the VEHICLE) includes our expenditure in towing, transporting and storing the VEHICLE, repairing any damage caused to the VEHICLE from the time of delivery to you and until the return to us, replacing parts or accessories (excluding normal wear and tear) and paying an expert to inspect damage and report thereon;
- “DAY” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the rental agreement;
- “EXTENDED PERIOD” means any period after the RETURN DATE requested by you and agreed to by us;
- “FUEL COST” means the cost incurred by the COMPANY to put the COMPANY in the same position it was when the vehicle was rented;
- “LIABILITY” includes the amounts reflected in the rental agreement, or on the rates information brochure pertaining to the non-waiver able amount chargeable in the event of damage, loss or theft;
- “NOMINATED DRIVER” means the party nominated by THE CUSTOMER to drive and be in possession of the motor vehicle in terms of this Agreement, and whose full particulars are reflected in the Cover Schedule to this Agreement;
- “OFFICIAL RATES BROCHURE” means the COMPANY’s current official brochure on rental rates and other general information issued from time to time;
- “RENTAL PERIOD” means the period commencing on delivery of the VEHICLE under clause 4.2 and ending on the RETURN DATE or at the end of the EXTENDED PERIOD, if applicable;
- “RETURN DATE” means the date stated on the face hereof on which the VEHICLE must be returned by you to us;
- “RENTAL CONTRACT OR AGREEMENT” means the rental contract, including any schedule hereto, issued by the COMPANY to the renter and signed by the renter and which will have the effect of a legal binding agreement between the 2 parties and includes these standard terms and conditions.
- “VEHICLE” means the vehicle referred to on the face hereof or any substitution thereof in terms hereof;
- “WAIVER” means a reduction of liability of the renter in the event of an accident/theft/ and or loss of the vehicle;
- “YOU” means the renter or CUSTOMER;
- A reference to a natural person includes a legal persona;
- In this Agreement, unless inconsistent with or otherwise indicated by the context:
- This agreement includes the Annexures and cover schedules;
- Words importing anyone gender include each of the other genders;
- Words in the singular number include the plural and vice versa
2. HIRE OF VEHICLE
- THE COMPANY rents to the renter, who hires the vehicle subject to these terms and conditions. The renter will be bound by these terms & conditions, whether he was driving or not.
- These terms and conditions are subject to change without notice.
- If a CUSTOMER elected to rent a specific vehicle and if such vehicle is not available for any reason whatsoever, THE COMPANY may without incurring any liability whatsoever substitute such vehicle with a similar vehicle. If the vehicle is substituted with a vehicle of lesser value, THE COMPANY shall credit THE CLIENTS account with an amount similar to the difference between the rental value of the original elected vehicle and the rental value of the actual rented vehicle.
- Delivery of the vehicle takes place at the time the renter and / or his representative takes possession of the keys and / or vehicle at the renting location.
- The COMPANY may refuse delivery if an advance payment or deposit as specified on the face of this contract is not made.
- You shall take delivery of the vehicle at the place specified in the rental agreement. You shall have no claim against us if the vehicle is not available then, except to a refund of any amount paid. On delivery, 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 you notify us to the contrary within 30 minutes after delivery.
4. USE OF VEHICLE
- Duration: The vehicle is rented by THE CUSTOMER for the duration as reflected in the RENTAL CONTRACT.
- Rental Extension: THE CUSTOMER is under no circumstances entitled to extend the RENTAL PERIOD unless such extension is confirmed by an agreement between THE CUSTOMER and a duly authorized representative of THE COMPANY. Failure to do so will result in the renter unlawfully being in possession of the vehicle. Penalties may be charged in such instances.
- Vehicle Keys: THE CUSTOMER shall ensure that for the duration of this Agreement and during any EXTENDED PERIOD and whilst the vehicle is in his/her control, the keys of the vehicle are under THE CUSTOMER or appointed driver’s control.
- The COMPANY will at all times remain the owner of the vehicle.
5. RETURN OF THE VEHICLE
- On the RETURN DATE you shall return the vehicle at your risk and expense to the COMPANY at the place specified herein, pay to us all DAMAGES and any other losses sustained by us, as provided for in this agreement; and if required by us, pay for the valet cleaning of the vehicle
- If the renter or his representatives fail to return the vehicle at the agreed time and location, the COMPANY may reposes the vehicle wherever the vehicle is to be found and from whomsoever is in possession thereof. Any cost incurred in recovering the vehicle will be for the account of the renter.
- Should the vehicle not be returned as indicated in 5.1 above, the vehicle may be reported as stolen to the relevant authorities and the liability waiver become null and void for the whole of the contract period.
- The vehicle should be returned in the same condition as it originally went out with, as reflected on the vehicle inspection sheet referred to in 3.3
- On the return of the vehicle, it is the renter’s responsibility to park the rental vehicle at the companies reserved parking, to ensure that the vehicle is locked and to hand the keys to the authorized representative of the COMPANY.
- The CUSTOMER takes full risk and responsibility of the vehicle until the COMPANY has recorded the return of the vehicle.
6. TERMINATION / CANCELLATION OF HIRE
- We can repossess the vehicle at any time if it is found illegally parked, being used to violate the law and/or the terms of this agreement, or appears to be abandoned. We may also repossess the vehicle at any time if we discover that you have made a misrepresentation to us in connection with the conclusion of this agreement.
- A CANCELLATION FEE will be charged.
7. THE RENTER / DRIVER
- By your signature hereto, you confirm that the NOMINATED DRIVERS of the vehicle have unendorsed and valid driver’s licenses. You agree that we have the right to verify that these licenses have been validly issued and that we may refuse to rent a VEHICLE to you, if the licenses have been suspended, revoked or restricted in any way. An ADDITIONAL DRIVER is authorized only if you pay an additional driver charge as indicated on the front of this agreement.
- THE CUSTOMER shall be liable for all DAMAGES to, or loss arising from a vehicle being in the possession of or being driven by an unlisted driver.
- The minimum driver age is 21 years and the driver’s license must have been valid for a minimum of 3 years. It is a legal requirement to be in possession of your driver’s license at all times while driving a vehicle.
- International visitors are required to produce their passports and international drivers’ licenses when collecting their vehicle.
- THE COMPANY shall be entitled to carry out a credit check on a CUSTOMER with one or more credit agencies who may retain a record thereof and THE COMPANY shall be entitled to record any default by a client with any credit agency. Such records may be made available by the credit agency to third parties, in which case THE COMPANY shall not be held liable/responsible for any repercussions such disclosure may have on THE CLIENT.
- To avoid possible complications when collecting a vehicle we advise foreign travelers to produce a driver’s license which has been issued in the same country as their passport
8. RENTAL RATES AND CHARGES
- Payment: We let and you hire the vehicle for the RENTAL PERIOD at the rate on the face hereof, plus any additional charges. You will at all times pay for the filling of the tank.
- These rates include services, scheduled maintenance, oil and VAT at the current rate and are subject to change without notice. The minimum charge is one DAY (24 hours).
a. The rates are quoted in SA Rands.
- The rates are non-discountable and non-commissionable.
- The rates are subject to change without notice.
- Surcharges: Airport Surcharges and tourism levies are included in our rates.
- Weekend Rentals: Special arrangements should be made for any weekend deliveries and collections.
- Special Equipment: Any special equipment request should be arranged in advance.
- Use outside South Africa Borders: In the instance where the vehicle is to be used outside the borders of South Africa, written notice should be provided to Simplify Vehicle Rental, whereupon a letter of authority will be supplied at the Simplify Vehicle Rental branch at the time of the rental.. It should however be noted that the Original NATIS will under no circumstances be made available
- In determining the rental charges, the distance travelled 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 at its sole discretion, on any other fair and reasonable basis and the renter shall be obliged to furnish all such information and assistance as the COMPANY may reasonably require for that purpose
- Odometer: All vehicle odometers are sealed. If they are found to have been tampered with, the renter will be charged with an additional 500 kilometers per rental DAY. Discounted rates including long distance and monthly rates become voidable under these circumstances.
9. ADDITIONAL CHARGES
- Accident/Damages Administration Fee: An administration fee of ZAR 500.00 per accident will be levied to cover the costs of processing a damage claim. The administration fee covers costs such as assessor fees, quote gathering and legal services.
- Call-out-fees of ZAR250.00 (incl. tax), as a result of negligence, will be charged within a 50km radius and R2.50 per km after for all hours
- CONTRACT FEE: A rental contract fee of ZAR55.00 is applicable to all rentals.
- Cross Border Charge: A cross border fee of R1000.00 (incl. tax) will be charged per neighboring country visited and the renter will be responsible for all vehicle recovery costs across border (From the location where the incident happened within a specific country to the South African border post)
- Delivery/Collection charge within 25 km from the Simplify Vehicle Rental office, ZAR 200.00 Mon – Fri 08h00 – 17h00 Delivery/Collection charge within 25 km from the Simplify Vehicle Rental office on weekends, public holidays or out of office hours, ZAR 450.00 (On a request basis)
- Deliveries and collections further than 25 km from the Simplify Vehicle Rental office, an additional charge of ZAR 8.00 per km will apply.
- Fuel: Fuel is not included in our rates. Cars are delivered with a full tank of fuel and the CUSTOMER is charged for full refill upon termination of rental. Fuel consumption is based from Simplify vehicle Rental branch to branch.
- One way rentals: One way rentals are available between the Simplify Vehicle Rental branches and will be subject to a one way fee. Pre arrangements should be made for a one way rental.
- Traffic Fines: A traffic fine handling fee of ZAR 175.00 is levied on all traffic fines. Traffic Fines will be paid on your behalf but will be added to your final bill at the end of the rental term.
- A Young Driver Surcharge of R150/DAY will be levied, for drivers under the age of 21 or with a license for less than 3 years. The insurance excess in this case will double.
- THE COMPANY may within its sole discretion, charge THE CUSTOMER a cleaning/valet service fee if THE COMPANY deems it necessary.
- Above fees include VAT.
- The rental should be paid in advance by electronic transfers, cash, debit or credit card. (Electronic transfers should reflect in our bank account before we’ll release the rental vehicle).
- In the instance where a rental exceeds 30 DAYS, you will be billed monthly with final costing upon termination of rental.
- Any amounts not paid when due will bear interest at the prime rate of interest charged by our bankers at the time plus 3%.
- In the event of accident and or if the vehicle is stolen and or lost, the amount of the damage or the total lost suffered by the COMPANY is payable on demand.
- When payment is done by debit or credit card, the renter’s signature on this agreement will constitute of authority for the COMPANY to obtain authorization or payment. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to the COMPANY (including but not limited to any DAMAGES or loss suffered by the COMPANY).
- Security authorization/ Security Deposit: A security authorization / deposit equal to the normal remaining excess will be done on the CUSTOMER’S credit card ( Master and/or Visa card) or Hybrid Cheque card (Definition of a Hybrid Cheque card: 1- The card must display a Master card or Visa logo;2-The numbers must be raised on the card as on a credit card with the words “Cheque Card” reflected on the back or front of the card). The authorization will be cancelled or the deposit refunded after you have returned the vehicle without any DAMAGES and after all the outstanding cost was settled.
11. HIRER’S RISK AND LIABILITIES
A. Renters Risk
- The vehicle shall be at the CUSTOMERS sole risk for the RENTAL PERIOD and you should take care and drive the motor vehicle as expected of a responsible and diligent driver.
- THE CUSTOMER acknowledges that certain vehicles may be fitted with a vehicle tracking/management system, which is used to inter alia, record speed, illegal entry and other information relating to the vehicle. THE COMPANY shall be entitled to use such information in any court procedure or otherwise as it deems fit.
- THE CUSTOMER is required to keep within all speed limits, adhere to all traffic regulations and signs. The vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or a narcotic drug or Similar substance.
- You shall not:
- Hire or lend the vehicle to anyone;
- Permit the vehicle to be in the possession or control of anyone other than the ADDITIONAL DRIVER;
- 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 it being damaged or lost, or to be overloaded.
- Cause or permit the vehicle to carry any passengers or goods for reward or for racing; or
- Cause or permit the vehicle to be exposed to the risk of damage in or by any civil or public disturbance or unrest.
B. Liability Waiver
- You acknowledge that the necessary liability waiver has been arranged by the COMPANY and undertake to pay the COMPANY, on demand, the full amount of any damage/claim of the total amount of the damage/claim if the total amounts to the normal remaining excess or less. In the instance where the damage/claim to the vehicle amounts to more than the normal remaining excess, you’ll be responsible for the normal remaining excess as was agreed on in the RENTAL CONTRACT.
- The CUSTOMER is responsible for all Tow-in costs.
- DAMAGES to tyres, rims and glass are not covered by the WAIVER.
- THE COMPANY may repudiate and refuse to settle any claim and be entitled to claim DAMAGES and/or losses from THE CUSTOMER or appointed driver if:
- the vehicle was driven on unsuitable roads;
- if it is found that the driver was negligent;
- if the vehicle was driven by any person not listed as a driver in terms of this Agreement;
- if the vehicle was driven by any person without a valid unendorsed driver’s license;
- if the driver drove the vehicle under the influence of alcohol or whilst being intoxicated;
- if damage is caused to the vehicle without the involvement of a third party or in the absence of a force majeure;
- if a collision or theft is not reported to the South African Police Department within 24 hours from the time of the event;
- THE CUSTOMER opted not to take out insurance on the vehicle;
- if the vehicle is driven or transported beyond the borders of the Republic of South Africa without the written consent of THE COMPANY;
- THE CUSTOMER and / or his NOMINATED DRIVER commit a material breach to this Agreement.
- Unless specifically agreed between THE CUSTOMER and THE COMPANY, THE CUSTOMER, and its appointed drivers shall not enjoy any WAIVER on personal belongings of THE CUSTOMER and/or his nominated or non- NOMINATED DRIVERS and/or passengers
C. Personal Accident Insurance
- Simplify Vehicle Rental does not offer any personal accident insurance. It is the CUSTOMERS’ responsibility to take out the necessary personal accident insurance cover
11. PROCEDURE IN THE EVENT OF AN ACCIDENT AND OR THEFT AND OR BREAKDOWN INVOLVING THE VEHICLE
- If the motor vehicle is involved in any collision, THE CUSTOMER or appointed driver shall immediately or within 3 hours of becoming aware of the incident, notify the company and complete the companies’ standard claim form, and furnish to the COMPANY together with his id/passport and driver’s license.
- He shall obtain the names and addresses of everyone involved and of possible witnesses.
- Within 24 (twenty four) hours of the collision or theft, report the collision or theft to the nearest South African Police Station (South African Police Service telephone number 10111)
- He shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances.
- He shall co-operate with the COMPANY and his insurer during the claim.
- Irrespective of insurance cover, THE CLIENT shall be liable to THE COMPANY for all damaged or stolen radio/tape decks/CD players, tires, rims and all glass.
- The CUSTOMER will notify the COMPANY immediately of any incident and report it to the nearest South African Police Station and complete the companies’ standard claim form, and furnish to the COMPANY together with his id/passport and driver’s license.
- He shall obtain the names and addresses of everyone involved and of possible witnesses.
- You understand that in case of the vehicle being stolen or hi-jacked, an amount of 10% of the claim is payable with a minimum amount of R 8 000. Should we/I prefer to arrange our/my own insurance on the said vehicle, written proof is to be provided to the COMPANY.
- All mechanical failure of the motor vehicle should immediately be reported to THE COMPANY.
- You agree that you are not allowed to permit any towing, repairs or servicing to be done to the vehicle unless authorized by THE COMPANY in writing beforehand
12. INDEMNITY OF THE COMPANY BY THE HIRER OR THE DRIVER
We shall not be liable for any damage or loss, whether direct or indirect, arising out of any defect in or mechanical failure or the safety of the vehicle or the driving or use thereof or caused by any fault of ours, our agents or our servants, nor for any indirect loss, consequential DAMAGES, loss of profits or special DAMAGES arising out of any of the foregoing and for any breach by us of this agreement. No warranties as to the condition, state of repair, performance capabilities, year of manufacture, odometer reading or anything else concerning the vehicle are given by us.
- THE CUSTOMER authorizes THE COMPANY to insert, and rectify any particulars reflected on the contract due to the fact that such particulars were unavailable at the time of signature thereof.
- Any notices in terms hereof shall be given to you at the address set out on the face hereof. Any notice posted to you shall be deemed to be received 7 days after posting, unless you prove the contrary.
- You consent to the Magistrate’s Court jurisdiction in respect of any action instituted by us in connection with this agreement and agree that we may in our discretion institute action in any High Court division in South Africa having jurisdiction, to which jurisdiction you consent.
- This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by both parties.
- We may claim and recover from you on demand all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney and own client costs, collection commission and any costs of tracing you or the vehicle.
- A provision of this agreement which is invalid or unenforceable for any reason shall be severable form the rest of this agreement and shall not affect the validity thereof.
- This agreement shall be governed by the laws of the Republic of South Africa.
- By your signature hereto, you accept all the charges charged by us in terms of this agreement, including any charges relating to loss and damage to the vehicle.