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.