RENTAL CONTRACT STANDARD TERMS AND CONDITIONS

1     The Lessor (AutoRent SA) hereby lets and the Renter (as identified overleaf) hereby hires the vehicle for the rental period shown.
2 2.1  

The rental shall be calculated at the rate specified on the face hereof. The said rate is inclusive of maintenance, but exclusive
of damage, petrol and oil usage, and all rates are subject to change without notice. Extension rates are 50% above Contract Rate.

  2.2   All payments are due on or before the delivery of the keys together with Value Added Tax if applicable and may be effected by way of cash, credit card or bank guaranteed cheque excluding the Deposit which is by Credit Card only.
 
3

The Renter:

  3.1   Shall be at least 25 years of age, at most 75, and possess a valid, unendorsed driver’s licence. If the Lessor approves a Renter as such, an additional R10 000 excess shall apply.
  3.2   Accepts that the odometer constitutes prima facie proof of the distance covered. All odometers are sealed, and if same are found to have been tampered with, any special rates and discounts offered to the Renter shall become null and void, and an additional charge of 500 km per day shall be levied.
  3.3   Indemnifies the Lessor from all liability, whether in damages or otherwise, in consequence of the existence of any defect of whatever nature in the vehicle at the time of its renting or its becoming defective or unfit for use while on hire, or by reason of the Lessor failing to place it in any such eventuality, or as a result of any other act or omission whatsoever by the Lessor or any of its employees or agents. The Renter does not rely on any representations as to the condition, state of repair, fitness for any purpose, performance or capabilities of the vehicle, the year of its manufacture, the odometer reading or anything else concerning the vehicle, and all warranties regarding such matters are excluded.
  3.4   Shall have no claim whatsoever against the Lessor by reason of the vehicle not being available at the time specified, except the right to resile from the contract and receive a refund on any amount paid on account. Having taken delivery, the Renter shall be deemed, unless it notifies the Lessor to the contrary upon delivery, to have acknowledged that the vehicle was in good order, condition and repair and was properly filled with petrol, oil and water at the time of delivery.
  3.5   Accepts all risk in and responsibility for the vehicle from time the Renter receives the keys until the vehicle and the keys are returned to the Lessor. The Renter further indemnifies the Lessor from all liability in consequence of any loss that the Renter may suffer as a result of leaving personal possessions in the vehicle on returning the vehicle to the Lessor.
  3.6   Shall not be entitled to sub-let or lend the vehicle, or allow it or any of the keys into the possession or control of anyone other than the specified drivers, nor cause or allow the vehicle to become subject to any lien or attachment.
  3.7   Undertakes to familiarise and fully comply with, all the applicable South African Road and other Laws, and use the vehicle legally, prudently and carefully as a passenger vehicle not for gain, not for racing, rallying or the like and only on major, fully tarred roads within South African borders, no strip or dirt roads, and take all reasonable precautions to protect the vehicle from theft and damages. Any insurance excess or deductible, any damage, Traffic or Parking Fines will be charged plus a R500 Administration fee which will be charged to the Credit Card used for Deposit and this charge shall be accepted without a signed credit card voucher or imprint if necessary, regardless of any Banks’ conditions of liability or denial, to which the Renter unconditionally agrees. Usage on improper roads incurs an extra R1 per kilometre of total distance covered during the rental.
  3.8   Shall not travel further than 150 kms from Cape Town in the vehicle without written permission from AutoRent SA.
  3.9   If travelling further than 150km from Cape Town City Centre, it must be discussed and marked on the contract. If renter during the rental period decides to travel further than 150km from Cape Town centre, this must be communicated and agreed with via e-mail to the Lessor before the road trip commences. Non-disclosure will result in Breach of Contract.
  3.10   Accepts that the Travel fee for travel further than 150km from Cape Town but within 750km of Cape Town is R599, over 750 kms is R1499 and is valid for one month. The A, M and B Groups (CitiGolf Chico, Tazz and Tata) have a maximum limit of 750 km from Cape Town.
  3.11   Agrees that he/she is personally liable for the excess - the sum deposited on signature of this Contract - in the event of any loss or damage whatsoever being caused to the vehicle, for any reason whatsoever, during the currency of the Agreement. If stolen or written off an additional excess of R10000 will apply.
       
4     In the event that the Renter terminates the contract earlier than the due return date, any special rates and discounts afforded to the Renter shall become null and void, and the Renter shall, at the sole discretion of the Lessor, be charged in accordance with the standard rate levied by the Lessor or 100% of remaining term, whichever is the greater amount.
       
5 5.1   In the event that the vehicle suffers any damage or becomes a total loss or suffers theft, the Renter agrees to pay the Lessor
the full amount of the excess payable in terms of Clause 3.11 above, and any costs whatsoever that are, in the sole opinion of the Lessor, applicable, and the rental due for the period that the vehicle is out of service, at standard rates, with no penalty.
  5.2   Notwithstanding the provisions of clause 5.1 above, the Renter shall be liable for the full amount of any damages to the vehicle in the event that the vehicle is damaged or becomes a total loss whilst being driven
    5.2.1
  • by any person other than the specified driver/s;
    5.2.2
  • by the Renter or any specified driver/s whilst under the influence of intoxicating liquor or drugs;
    5.2.3
  • by any person without proper, valid, current unendorsed driver’s licence, or otherwise illegally or unlawfully.
       
  5.3   In the event of any collision, accident, theft or loss of or involving the vehicle, the Renter shall immediately or within 24 hours:
    5.3.1
  • fully and truthfully report the occurrence to the Lessor by the most expeditious means and, if such report is not made in writing, to confirm it in writing;
    5.3.2
  • fully and truthfully report the occurrence to the Police or the Traffic Department and obtain a Case Number;
    5.3.3
  • inform the Lessor in writing of the details of the report and the Case Number;
    5.3.4
  • fully complete and procure the full completion by the actual driver at the time of all documents, reports and forms supplied by the Lessor and its Insurers;
    5.3.5
  • produce the actual driver’s current licence and furnish all further assistance, detail and co-operation required by the Lessor and its insurers to deal with any matters arising from the incident, the recovery of losses and assessment of his liability, if any.
      Should the Renter fail to comply with any of the aforesaid obligations, the Renter shall be personally liable for any damages or loss that the Lessor may suffer. Until the vehicle is available for rental again, the renter shall be charged the daily extension rate of the following Summer Rate of the Group.
       
  5.4   The Renter unconditionally indemnifies the Lessor from any and all claims resulting from this Contract or use of the vehicle and undertakes to not use any publication, blog or social media platform whatsoever, whether printed, electronic or other, to comment negatively about any dealings with the Lessor or the Proprietor or their employees. The Renter further unconditionally agrees to any damages claimed by the Lessor or the Proprietor in the event that they breach this clause.
       
6     On the termination of this contract, howsoever and whenever it happens, and unless an extension of Rental is approved by the Lessor, the Renter shall immediately, forthwith and without delay:
  6.1   Discontinue all use of the vehicle and return it at the Renter’s sole risk and expense to a responsible authorised official of the Lessor at the place indicated on the face of this contract in the same good and roadworthy condition and proper running order.
  6.2   Pay the Lessor all damages and other losses sustained by the Lessor in consequence of any breach of the rental obligation including an agreed amount of R750 per day for the full period that the vehicle is out of commission due to the fault or negligence of the Renter and
  6.3   Pay the Lessor the cost of the valet cleaning of the vehicle if, in the sole opinion of the Lessor, this is necessary.
      Any and all Recovery costs are for the Renter, whether unauthorised extensions of time or other. The latest return time, without exception, shall be the same time of the 24 hour day as the collection time, or a further day is charged at extension rates.
       
7     All rentals must begin and terminate at the Rental Site, Western Cape, South Africa unless written permission to the contrary is obtained from AutoRent SA.
       
8     In terms of section 45 of the Magistrate’s Court Act No. 32 of 1944, the parties hereby consent to the jurisdiction of the Magistrate’s Court chosen by the Lessor for the institution of any legal proceedings arising out of this contract. All legal fees are paid by the Renter whose domicilium citandi et executandi is the chosen address given on the first page overleaf.

Annexure ‘A’ to AutoRent SA Rental Contract:

MiniLease Terms and Conditions - (In addition to the Standard Terms and Conditions of rental as they appear on the AutoRent SA Rental Contract)

1

Minimum qualifying rental period to qualify for the Discounted Rate is 3 consecutive months.

If the Lessor, AutoRent SA, accepts a broken or shorter period and the Renter reneges on completing the period of rental as verbally agreed with AutoRent SA, the Renter shall be liable to pay the difference, whether the car is returned or not.

2

Minimum notice to return or extend the Rental after the return date is 1 (One) calendar month.

3

Monthly Payment is only accepted by Credit Card. If AutoRent SA accepts a monthly payment transfer via EFT, the Renter will instruct their Bankers accordingly in writing to effect said payment irrevocably, and shall provide a copy of the instruction, that cannot be cancelled without the written permission of AutoRent SA, bef ore the Car is released to the Renter.

4

All payments must be made in advance. If the due monthly payment is not made a minimum of 3 business d ays prior to commencement of the next rental period, th e Renter will be deemed to be in default and in possession of a stolen vehicle and the vehicle becomes immediately due for return. The clauses in the Standard Terms and Conditions refer. In this event all deposits are forfeited and the vehicle shall be recovered, together with damages, without prior notice to The Renter

5

A Maximum of 1 additional driver will be allowed. T he additional driver will be limited to the individual noted on the Rental Contract.

6

The Renter will at all times remain liable for the vehicle and will ensure that the additional driver adheres to the Standard Terms and Conditions of rental as it appears on the Rental Agreement.

7 The Renter will adhere to all requests by AutoRent SA in respect of the maintaining and servicing of t he vehicle and will ensure that all services required are met within the deadlines of AutoRent SA and/or the manu facturer. Should the Renter fail to have the vehicle services as set out or attend to maintenance or damage issues, AutoRent SA will be in its sole opinion be entitled to value and recover any loss or damages suffered from the Renter and/or cancel the agreement immediately as detailed above.
8 The Renter in particular agrees to check tyre pressures (2,2 bar all round for Groups A, M and B, 2,4 bar all others) at every refuel or weekly, whichever comes first, and to ensure that they are balanced, rotated and aligned at the cost of AutoRent SA, as set out by AutoRent SA now and then, excluding when caused by damage, when it is payable by the Renter.
9 This rental will reach term in the event of any one or more of the following: the rental has reached t he return date as specified in the Rental Contract or Non - payment of due rental timeously or any other breach of contract, an accident occurs for which the vehicle is deemed in the sole opinion of AutoRent SA, to be uneconomical to repair, theft of the vehicle, the customer no longer requiring the use of the vehicle (subject to 1 above), or at the sole discretion of the Lessor.
10 The renter indemnifies AutoRent SA against any and all claims that result from the use of and/or is associated with the vehicle.
11 The AutoRent SA Standard Terms and Conditions of Re ntal as printed on the AutoRent SA Rental Contract are deemed to be incorporated in addition to the terms contained herein. The said terms are subject to change without notice.
12 The Renter acknowledges that this has been brought to their attention and that he/she will be bound by all terms applicable.
13

The Renter acknowledges that 18 000 Free kilometres a year is included, 1500 per 30 days, agrees to photograph and e-mail the kilometre reading to AutoRent SA after every 30 days and to the immediate payment of any kilometres in excess of the monthly free allowance of 1500. Failure to send this results in 1000 extra kms being charged monthly.

14

In the event of any conflict between the terms and conditions set out in this document and those of th e Standard Terms and Conditions of rental it is agree d that the content as contained and set out in this document (and only those) will take precedence over those terms and conditions of the Standard Terms and Condit ions of rental, except where said conditions would impoverish the Lessor.

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