Terms and Conditions to Car Rental Agreement

 

Entered into by: “the RENTER”

 

Dynamic Drive (Pty) Ltd (a company duly incorporated as per the South African Companies Act 2008, with a registration number 2014/042836/07) of 171 Retief ave, Lyttelton, Centurion, 0157 (hereinafter referred to as the “COMPANY”), car rental contract terms and conditions.

The contract between the RENTER and the COMPANY consists of:

  • These car rental contract terms and conditions and;

  • The car rental input sheet signed by the RENTER               

 

 

1. Rental Agreement

 

    The COMPANY hereby rents to the RENTER who rents upon the terms and conditions hereinafter set forth, the motor vehicle described in the input schedule and hereinafter referred to as “the VEHICLE”.

2. Price and manner of payment

  • The price payable by the RENTER to the COMPANY for the rent of the Vehicle is as per the input schedule and is payable monthly in advance.  A deposit will be payable as follow:

    • Damage/Excess deposit as per input schedule.

    • Etolls deposit as per input schedule.  Please note that a monthly Etoll balance will be e-mailed to the RENTER and a top up payment to the deposit value must be made monthly.

  • All payments will be received as cash, Electronic Funds Transfer (EFT) or credit/debit/cheque card only (please refer clause 7 for authority to debit).  

  • Rental of the VEHICLE by the RENTER is subject to a valid credit/debit/cheque presented by the RENTER as well as the RENTER signing the Authority to Debit.

  • Late returns @ R50.00

  • After hours @ R50.00 per hour from 16:00

  • Additional drivers will be charged with R500.00 and a copy of the drivers licence.

  • Payment due before 08:00 on the 5th of the new month.

  • R100.00 activation fee on suspend.

  • R500.00 on reposeion fee.

  • Collection from 08:00 on the first day of the agreement.

  • Returns before 09:00 will not be charged for the day.

  • Collections 14:00 - 16:00 on the day will not be charged for that day.

  • Cars to be collected and returned 08:00 - 16:00 Monday - Friday, out of these hours referred to as "  out of the office"

 

3. Insurance, Damages, Theft and Excess

 

  • The vehicle will be insured for third party damage, fire, theft and damage to the VEHICLE as per the third party insurance provider.  Any terms and conditions applicable between the COMPANY and the third party insurance provider will be applicable to this rental agreement.  Third party insurance provider terms and conditions available upon request.

  • Any charges not covered by the insurance, in addition to the excess deposit paid, will be for the account of the RENTER.

  • Should a driver other than the RENTER or his/her nominated driver drive the VEHICLE all insurance cover will be null and void and the RENTER will forfeit any right and claim to the deposit paid.

  • Should a driver not be in possession of a valid drivers license (obtained legally in South Africa or country abroad that is recognised internationally) and/or be under the influence of drugs or alcohol or be in breach of any other term of the insurance policy that may lead to a no claim situation, the RENTER will be fully responsible for any damage or loss incurred.

  • Should the driver be younger than 25 (Twenty Five) years of age an additional excess deposit as per the input schedule will apply.

  • The RENTER undertake to only store the VEHICLE at the location and security measures indicated on the input schedule.  Need the VEHICLE be stored at any other temporary location the RENTER will take the maximum amount of security precautions to protect the VEHICLE.  Should the storage location change (kept more than 5 consecutive days at a new location), the RENTER undertake to inform the COMPANY of this change immediately.  Failing this all insurance cover pertaining to theft of the VEHICLE will be forfeited and the RENTER will become liable for any loss or damage.

  • In the case of accident damage to the VEHICLE the RENTER will be liable for an administration fee of R 200.00 and R 125.00 for each day the VEHICLE is in for repairs.  These charges are in addition to any other charges indicated, unless agreed otherwise in writing.

  • The renter will be liable for the cost of unauthorised towing and/or storage of the VEHICLE including and above the deposit.

  • In the case of an accident the renter shall report the accident/damage to the police within 24 hours by filling in an “accident report with a case number”. Forward this to the COMPANY immediately.  Within 48 hours of incident, complete a Motor Accident Claim Form provided by the insurance as can be obtained from the premises of the COMPANY. Do not admit to any guilt at the time of the accident or anytime thereafter to any party.  All details of any other parties and/or witnesses involved in the accident must be obtained.

 

  • If the Accident Procedure is not adhered to, the incident could be disqualified from insurance cover and the RENTER will be liable for the full cost of damage.

  • The insurance policy is available upon request.

 

4. Vehicle Maintenance

 

  • The RENTER will be liable for 10% (Ten Percent) of all normal wear and tear maintenance costs where a rental agreement exceeds 45 (Forty Five) consecutive days.  The balance of the cost will be for the account of the COMPANY.

  • Any abnormal wear and tear damage will be for the account of the RENTER and will include, but not limited to:

    • Damage to any part of the VEHICLE due to abuse or not obeying the laws of the road.

    • Failure to regularly check the VEHICLE’s maintenance requirements and take corrective action, such as, but not limited to; oil levels, water levels and tyre pressures.

    • Failure to report any noticeable defects, not noted by the COMPANY when taking possession of the VEHICLE, arising during the rental period.

    • Failure to return the VEHICLE to the COMPANY, for planned maintenance service to the VEHICLE, on the prescribed date/mileage as indicated on the input schedule.

  • In the case of abnormal wear and tear to the VEHICLE the RENTER will be liable for an administration fee of R 200.00 and R 125.00 for each day the VEHICLE is in for repairs.  These charges are in addition to any other charges indicated.

  • The COMPANY will not be responsible for any accidents/injury and resultant damage/loss that results from the roadworthiness of the VEHICLE.

5. Collection and Return

 

  • The RENTER will collect the VEHICLE from the COMPANY’s premises (171 Retief ave, Lyttelton, Centurion) and return the vehicle to the same premises, unless agreed otherwise in writing.

  • As an optional extra the VEHICLE can be delivered to the RENTER at a rate of R 100.00, within a radius of 50km from the COMPANY’s premises.  Fuel consumed and EToll charges to deliver the VEHICLE to the RENTER will be for the account of the RENTER.  This service is subject to availability.

  • The RENTER acknowledges that he/she has inspected the VEHICLE before taking possession, and that all pre-existing damage has been noted on the vehicle inspection sheet attached hereto.

  • Any damage noted on the VEHICLE upon return, not noted on the vehicle inspection sheet, will be for the account of the RENTER as per clauses 3 and 4.

  • Return times will be 16h00 on the date of expiration of the agreement.  Late returns will be levied at a rate of R 50.00 per hour, unless agreed otherwise in writing.

  • The VEHICLE will be supplied without fuel. Petrol only optional on refund in the case of a mechanical breakdown.

  • The VEHICLE should be cleaned before returned to the COMPANY.  Should the VEHICLE be heavily soiled, a valet charge of R 250.00 will apply.

  • The excess/damage deposit will be repaid to the RENTER within 48 hours after the rental has expired, after deduction of any charges.

6. General Terms

  • Should the RENTER be in default of any payment owing to the COMPANY, the RENTER will forfeit any right of use of the VEHICLE and the COMPANY will have the explicit right to recover the VEHICLE with or without the RENTER’s permission and knowledge.  In case of a default situation the RENTER will forfeit any and all rights to any deposits paid to the COMPANY.  The COMPANY will further also obtain the explicit right to sell any personal effects contained within the VEHICLE, at the time of repossession, to recoup any amounts owing and in arrears between the RENTER and the COMPANY.  Amounts in arrears will be at the discretion of the COMPANY, and a certificate signed by a duly authorised representative of the COMPANY, indicating amounts in arrears will serve as prima facie proof.  Overdue balances will accrue interest at the maximum permissible rate as allowed by law.

  • Rates are subject to change without prior notice.

  • No reduction in fees will apply for partial day rentals.

  • All and any traffic fines will be for the account of the RENTER. An administration charge of R 100.00 per traffic fine will be levied.

  • Any open road tolling will be for the account of the RENTER.  Should any Etoll charges levied not be deducted from the VEHICLE’s ETag, this will be recovered from the RENTER.  Should the Etag be removed or be tampered with, anytime during the rental term, the RENTER will forfeit his/her excess/damage deposit and will be liable for any Etoll charges. 

  • An administration fee of R 50.00 per Etoll account will be payable by the RENTER.

  • The VEHICLE may not leave the borders of South Africa without the written consent of a director of the COMPANY.

  • This agreement may be terminated subject to the following conditions:

    • The daily rental amount will be adjusted to an amended rate should the shortened rental agreement fall within a different rental category as the category agreed upon.

    • A cancellation fee of 20% of the remaining rental period will apply.

  • No refunds on cancellation for rentals under 7 days.

  • Unless otherwise agreed in writing, the standard free mileage allowance would be 100km per day, and any excess kilometers will be charged at a rate of R 0.80 per kilometer.

  • A contract administration charge of R 100.00 per rental agreement will apply.

  • This document contains the entire agreement between the renter and the COMPANY.

  • Neither party shall be bound by undertakings, representations, warranties and promises other than additional agreements in writing by a director of the COMPANY.

  • Neither the COMPANY nor any member (s) or staff shall be liable for any loss/damage (including property), without limitation, due to any defect and/or mechanical failure of the VEHICLE not detected by the COMPANY and whether such loss/damage results from Breach Of Contract, which may be suffered by the renter and/or a third party and/or passengers.

  • The RENTER will be responsible for all legal costs with no limitation, should legal proceedings arise between him/her and the COMPANY.

  • The RENTER acknowledges that renting an older vehicle poses a greater risk of injury/loss/death.

  • Should the VEHICLE be retained by the RENTER for any period exceeding the time period stipulated within this agreement this agreement will remain in full force and all clauses will remain similarly binding, except if otherwise agreed in writing between the RENTER and the COMPANY.

  • In case of the VEHICLE not being available due to unscheduled or scheduled repairs and maintenance the COMPANY will endeavor to provide a replacement vehicle, but is under no obligation to do so.  It is the RENTER's sole responsibility to arrange collection of the replacement vehicle from the COMPANY's business address or a location otherwise indicated by the COMPANY.  The replacement vehicle will mutatis mutandis besubject to the terms contained within this agreement.

7. Authority to Debit

The RENTER has irrevocably authorised the COMPANY and its financial institution to initiate the transaction and any other payment detailed within this agreement. The RENTER has acknowledged that the origination of debit or credit transactions to its account must comply with the provisions of local laws and any other rules/laws governing card payments.  All card payments to be processed to the card stipulated within this agreement.  The RENTER undertakes to notify the COMPANY timeously of any replacement card details should the expiry date of the card stipulated occur during the time period of this agreement. This authorisation is to remain in full force and effect until the COMPANY has received written notification from the RENTER of its termination in such time and manner as to afford the COMPANY and the RENTER’s financial institution a reasonable opportunity to act on it.  Cancellation of this agreement and therefore the COMPANY’s authority to debit is subject to all outstanding fees, charges and payments being fully settled between the RENTER and the COMPANY as per this agreement as well as any and all other provisions and terms stipulated within this agreement.  Confirmation of satisfactory balance settlement would be at sole discretion of the COMPANY.

© 2014 by Dynamic Drive.
 

Tel: 0722 4848 57

Tel: 071 3711 712

Email: admin@dynamicdrive.co.za​ / sales@dynamicdrive.co.za
 

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Location​​​​​​: 

70 Suikerbekkie Street, Rooihuiskraal, Centurion, 0157

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