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TERMS & CONDITIONS OF CAR RENTAL

1. USE OF VEHICLE

1.1 The vehicle may only be utilized for the agreed rental period or any extended period noted on CarHire-WP’s records.
1.2 The vehicle may only be driven by the driver or the additional driver as recorded on the agreement.
1.3 The vehicle may not be used to convey passengers and / or goods for reward or in any illegal manner; in any motor sport or similar high risk activity; beyond the borders of South Africa, unless authorized by CarHire-WP in writing; or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any such activity.
1.4 1.4 The renter will make sure that the keys of the vehicle are under the renter’s control at all times.
1.5 It is the renter’s responsibility to purchase the required amount of petrol / diesel for their usage and thereafter to ensure that on return of the vehicle that the petrol / diesel tank is full.

2. DELIVERY AND RETURN OF THE VEHICLE

2.1 At delivery the vehicle is deemed to be in good condition.
2.2 Delivery of the vehicle must be taken at the place specified on the front hereof and if the vehicle is not available for delivery at the agreed time and place the only claim against CarHire-WP will be for the return of any amount paid to CarHire-WP.br /> 2.3 Delivery of the vehicle from any place other than the CarHire-WP premises may be refused if a payment in advance is not made.
2.3 Delivery of the vehicle from any place other than the CarHire-WP premises may be refused if a payment in advance is not made.
2.4 The renter shall return the vehicle at the renter’s expense to CarHire-WP’s premises on the agreed return date, unless prior arrangement has been made with CarHire-WP in terms whereof CarHire-WP will fetch the vehicle from the renter, subject to a collection fee charged at CarHire-WP’s discretion.
2.5 The vehicle shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted
2.6 The sole risk of loss or damage to the vehicle will remain vested in the renter until such time as CarHire-WP has recorded the return of the vehicle.
2.6 Failure to return the vehicle as agreed shall constitute unlawful possession, and CarHire-WP may repossess the vehicle, costs to the account of the renter as well as charge a penalty for the late return.

3 THE RENTER/DRIVER

3.1 The driver shall be over the age 18 and have been in possession of a valid driver’s licence for at least a year, and be lawfully entitled to enter into this agreement
3.2 The vehicle will not be driven by any person whose blood alcohol concentration exceeds the legal limit or whilst under the influence of any intoxicating substance.
3.3 If the vehicle is driven by anyone other than authorized drivers, the renter remains liable for all obligations in terms of this agreement.

4 RENTAL RATES AND CHARGES

4.1 In addition to charges reflected on the agreement, the renter is liable for all running costs arising from the renter’s use of the vehicle such as oil, petrol / diesel, tyre damage.
4.2 The renter is responsible for the payment of excess in the amount of –
4.2.1 Renter is responsible for the payment of excess in regards to theft or damage in the amount of: basic – 5% of claim if damage exceeds R5000, or a minimum of R5000.00
4.2.2 Third party- R1500 each and every loss.
4.2.3 Loss of keys R1000
4.3 CarHire-WP reserves the right to retain the renter’s deposit to set it off against any excess for which the renter is liable.
4.4 If the vehicle is stolen during the rental period and no insurance has been taken out, the renter is liable for the full replacement of the vehicle at a value determined at equivalent market rates.
4.3 CarHire-WP reserves the right to retain the renter’s deposit
to set it off against any excess for which the renter is liable.
4.4 If the vehicle is stolen during the rental period and no
insurance has been taken out, the renter is liable for the full
replacement of the vehicle at a value determined at
equivalent market rates.
4.5 In the event of vehicle damage, including a breakdown requiring towing, outside a 100km radius of CarHire-WP premises in Cape Town, the renter is liable for all costs related to returning the vehicle. Unless vehicle is covered by roadside assistance.
4.6 Deposits may take up to 7 working days to refund into local clients accounts, international clients may take up to 14 working days.
4.7 Clients whom are late returning cars can have their deposit withheld for a period of 3 months pending investigation.

5 PAYMENT

You agree to pay –

5.1 The rental amount as set on the front hereof;
5.2 A minimum deposit of R4500 (four thousand five hundred rand), paid up-front in cash, credit / debit card or electronic funds transfer;
5.3 All taxes, charges, fines, tolls, levies payable by CarHire-WP arising out of the use of the vehicle;
5.4 5.4 All fines and court fees payable by CarHire-WP arising from a legal violation while using the vehicle;
5.5 All damages as provided for in this agreement;
5.6 5.6 An amount equal to R350.00 (three hundred and fifty rand), subject to change, for the valet of the vehicle, if the vehicle is not returned in the same condition that it was rented out, subject to the discretion of CarHire-WP; for example: if client is found to be smoking in the vehicle.
5.7 For petrol / diesel consumed to deliver and/or collect the vehicle from the renter.
5.8 A traffic fine administration fee of R400.00 for all traffic fines issued during the rental period in respect of the vehicle.
5.9 Minimum excess of R5000, and 5% of claim if damage exceeds R5000.
5.10 An insurance claim administration fee of R350.00 if the vehicle is damaged, lost and/or stolen. 5.11 A delivery or collection fee;
5.12 All payments are to be made on demand by CarHire-WP or on expiration of the rental period, whichever is sooner.
5.13 R1.20 per km after the daily free 200km. 24 hours constitutes one day.
5.14 The renter must understand that if a car is left at the airport and damage occurs to the car before it has been inspected by carhire-wp, that the renter will be responsible for the damage.
5.15 The company may only have a copy of the inspection sheet

6 RENTER’S RISKS, LIABILITIES AND OBLIGATIONS

6.1 The renter assumes sole responsibility for the vehicle and is liable for all loss sustained to the vehicle from the moment the key and/or the vehicle is handed to the renter until such times as the vehicle and key are returned..
6.2 Should the vehicle be damaged, stolen or lost in a situation where there was a breach of the agreement, the renter will be liable for the total loss and / or damage suffered by
CarHire-WP.
6.3 The renter is liable for all fines and/or penalties incurred during the rental period and hereby authorize CarHire-WP to disclose any information required by a relevant authority to process the fine and/or penalty. If a fine and/or penalty is incurred the renter is liable for a R150.00 administration charge..
6.4 CarHire-WP may claim and recover from the renter all costs and expenses incurred, directly or indirectly, as a result of the breach of this agreement including attorney-and-own-client costs resulting from legal proceedings..
6.5 The renter of a 4x4 vehicle must acquire prior written consent from CarHire-WP to activate and utilise the 4x4 function of the vehicle.
6.6 The renter shall take all the necessary steps to protect the vehicle from theft and / or damage and take all reasonable steps to minimise any damage to the vehicle.
6.7 The renter shall activate the immobiliser, the vehicle alarm system and apply the gear lock to the vehicle when not in use.
6.8 If the vehicle is driven by any other person other than the renter, the renter is liable for all obligations arising from the agreement.
6.9 Keys of the vehicle which are locked in the vehicle or are lost must be reported to CarHire-WP and the renter shall be liable for the cost incurred to retrieve or replace the key.
6.10 The renter shall be liable for any and all damage to the vehicles tyres and rims.
6.11 The renter may not –
6.11.1 Lend or hire the vehicle to any other person;
6.11.2 Allow or cause the vehicle to be in the possession or control of any other person other than the registered additional driver;
6.11.3 Allow or cause the vehicle to be driven illegally or unlawfully, used for an illegal or unlawful purpose or to be used in a manner which increases the risk of it being damaged;
6.11.4 Allow or cause the vehicle to be towed, repaired or serviced without the prior consent of CarHire-WP;
6.11.5 Tamper with the odometer. If it is determined that the odometer has so been tampered with, then the kilometres travelled will be deemed to be 500 kilometres per day; or
6.11.6 Allow or cause the vehicle to be driven on any roads that are not suitable to the specific vehicle.

7 IN THE EVENT OF AN ACCIDENT, THEFT OR ANY OTHER DAMAGE.

7.1 The renter shall obtain the name(s) and addresses of everyone involved and of possible witnesses.
7.2 The renter shall not admit any responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability.
7.3 The renter shall notify the police within twenty-four hours of the occurrence in question and furnish CarHire-WP with an accident case number
7.4 The renter shall, in the event of no third party being involved in the loss on a vehicle, supply Carhire-WP with an affidavit from the applicable police station detailing the circumstances of the loss.
7.5 The renter shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances.
7.6 The renter shall co-operate with CarHire-WP and its insurer in the investigation and processing of the claim.

8 CARHIRE-WP INDEMNITY

Neither CarHire-WP  nor any of its directors, employees, or agents  shall be liable for any loss or damage, any loss of life or any loss or damage whether direct, indirect, consequential or otherwise arising from the rental by the renter of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of CarHire-WP  to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict (including negligence) or otherwise, which may be suffered by the renter and/or any third party and/or passenger.

CarHire-WP, its directors, employees, or agents are accordingly indemnified by the renter or his estate against any claim of any nature whatsoever and howsoever arising for any damages or loss which might be instituted against it arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.

9 GENERAL

9.1 CarHire-WP chooses as its domicilium citandi et executandi the address represented on the front hereof.
9.2 The renter consents to the jurisdiction of the Magistrate Court having jurisdiction over its person regarding any proceeding arising from this agreement but CarHire-WP reserves the right to chose to institute proceedings in any court with the necessary jurisdiction.
9.3 This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by the renter and CarHire-WP.
9.4 CarHire-WP may claim and recover from the renter on demand all costs and expenses incurred by us as a direct or indirect result of a breach of this agreement, including attorney-and-own-client costs, collection commission and all costs incurred to trace the renter and/ or the vehicle.

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