STANDARD TERMS AND CONDITIONS OF RENTAL
THESE ARE IMPORTANT CONDITIONS LIMITING YOUR RIGHTS AND SHOULD BE READ CAREFULLY.
1.DEFINITIONS
1.1 IN THIS AGREEMENT THE FOLLOWING WORDS OR EXPRESSIONS SHALL HAVE THE FOLLOWING MEANINGS
1.1.1 “ADDITIONAL DRIVER” - means such other persons who are duly authorized to drive the vehicle and whose name appears on the rental agreement.
1.1.2 “SELECT” - means SELECT CAR and VAN RENTAL CC
1.1.3 “USER” - means the party described as such on the rental agreement.
1.1.4 “VEHICLE” - means the motor vehicle more fully described on the rental agreement.
1.1.5 “DAMAGES” - includes the actual expenditure in towing, transporting and storing the vehicle, repairing any damage, replacing parts or accessories, remunerating an
expert to inspect collision damage and report thereon, and reimbursing such expert.
1.1.6 “RENTAL PERIOD” - means the period from the time/date the vehicle is delivered to the user at the check in location until its return by the user to SELECT.
1.2 Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa.
2.DELIVERY AND RETURN
2.1 The user shall take delivery of the vehicle on the agreed commencement date.
2.2 The vehicle shall be deemed to have been delivered in good order and repair and without any damage to the paintwork, upholstery and fittings, unless the user notifies SELECT to the
contrary within 30 minutes after delivery.
2.3 The user shall return the vehicle to SELECT at the agreed return date or if this agreement is terminated at any time before then for any reason then immediately after such
termination.
2.4 The vehicle shall be returned to SELECT in the same condition as received.
2.5 The user shall be liable for the cost of repairing/replacing any damage whatsoever caused to the paintwork, upholstery and fittings of the vehicle, however such damage may have
been caused. The cost of repair/replacement shall be paid on demand by the user.
3. CHARGES AND PAYMENT
3.1 The rental charges payable by the user for use of the vehicle shall be a rental calculated for the whole of the rental period at the rates as contained in the rates brochure.
3.2 The rental charges payable include VAT.
3.3 If during the rental period the user received a special rate, discount or commission, and where payment has not been received in accordance with 3.1, SELECT reserves its rights to
charge its full rate prevailing at the time of the hire for the period of the hire.
3.4 The user undertakes to ensure that payment of any account rendered will be paid SELECT not later than thirty (30) days from date of statement for the month during which credit was
granted.
3.5 All payments by the user shall be made free of exchange and without any deductions whatsoever at SELECT'S place of business.
3.6 If SELECT has agreed to accept payment from the user by credit card or charge card, the user's signature to this agreement shall constitute authority for the issuer of the card to
debit him with the total amount due (including but not limited to any damage amount due).
3.7 The user will be responsible for the payment of any fines for traffic offences, and in the event that SELECT is obliged to pay any fine, undertake to pay SELECT on demand. In
addition the user will be liable to SELECT for a service fee of R150-00 per traffic fine.
3.8 Vehicles are supplied to the user with a full tank of fuel and the user will be charged for refill upon the termination of the contract. A service fee of R50-00 is levied should SELECT
have to refuel the vehicle.
4. DEPOSIT
4.1 SELECT shall be entitled in its sole discretion to allocate the deposit paid by the user for the excess, or if the insurance cover is repudiated by SELECT for any reason whatsoever, to
the damages suffered by SELECT.
5.USE OF VEHICLE
5.1 During the loan period the vehicle may not be used for the conveyance of passengers or goods for reward, to propel or tow any other vehicle, including any caravan or trailer, to
transport goods in violation of any custom laws or in any other illegal manner, in any motor sport, beyond the borders of Gauteng or in any area in the territory where it may be at risk of interdicts of civil unrest, political disturbance or riot or any activity associated with any of the aforesaid.
5.2 The user shall make adequate provision for the safety and security of the vehicle in particular but without limiting the general of the aforegoing he shall keep the vehicle properly
locked and secured and immobilized and the burglar alarm (if any) activated and any theft device supplied properly secured and in place when the vehicle is not in use.
6.THE DRIVER
6.1 The user warrants that he has a valid driver's licence free of any endorsement.
6.2 The user warrants that he is above the age of 23 years and warrants that no person under the age of 23 years will drive the vehicle.
6.3 If the vehicle is driven by anyone other than the user or specified driver, then the user shall remain liable for all his obligations in terms of this agreement and in particular he shall be
liable to SELECT as if he had been the driver.
7.ADDITIONAL DRIVERS
7.1 An additional driver may only be nominated and authorised by the user and the additional driver charge has been paid.
7.2 The additional driver must be in possession of a valid driver's licence free of any endorsement and be above the age of 23 years.
7.3 The user is liable for all risks applicable to usage of the vehicle by the nominated additional driver.
8.LIABILITY FOR LOSS OR DAMAGE
8.1 The vehicle shall be at the sole and absolute risk of the user throughout the rental period.
8.2 The user shall be liable for any loss or damage to the vehicle and any expenses incurred, in recovering the vehicle during the rental period however such loss and/or damage is
caused, and whether or not it is attributable to his fault or negligence or to an act of God (including but not limited to hail)
8.3 The user's liability shall not be limited at the time or occurrence of the loss or damage or the event giving rise thereto if:
8.3.1 The vehicle was being driven on a road which was not tarred or which was unsuitable for the vehicle.
8.3.2 The vehicle was driven by a person not authorised to do so and by a non specified driver.
8.4 The user shall pay to SELECT the cost of any repairs to the vehicle or, if the vehicle or any part thereof has been stolen or damaged beyond economical repair, the fair market value
before the damage occurred. The amounts due shall be paid by the user on demand from SELECT. The user will in addition be liable to SELECT for an administration fee in the sum of R400-00 per accident.
8.5 Notwithstanding anything in this agreement, SELECT shall not be obliged to make, institute or proceed with any claim which SELECT may otherwise have against a third party for the
recovery of any loss or damage to or in connection with the vehicle and accordingly SELECT shall be entitled in its sole discretion to abandon or to settle such claims on any terms.
9.INSURANCE COVER
9.1 Payment of the premium for insurance shall exempt the user from liability to SELECT for the loss of or damage to the vehicle, over and above the excess payable
if:
9.1.1 the vehicle is damaged during the rental period by the user, provided that the vehicle was being used in compliance with the provisions of this agreement and was not being driven
contrary to the provisions of any law.
9.1.2 the vehicle is stolen during the rental period, provided that the vehicle was being utilized, garaged or parked in accordance with the provisions of this agreement.
9.2 Notwithstanding payment of the premium and without derogating from the obligation of the user to use, garage or store the vehicle in terms of this agreement, the user shall not be
indemnified in terms of this clause if the vehicle was damaged or lost when:-
9.2.1 the vehicle is used for purposes prohibited as specified in clause 5.1 above;
9.2.2 where the vehicle is used or dealt with contrary to the terms and conditions of this agreement;
9.2.3 where the vehicle is not returned on the due date, alternatively is not returned on due date in respect of a written extension of contract of use;
9.2.4 where the vehicle is damaged in an accident or stolen and a person other than the driver of the vehicle was not in possession of a valid unendorsed driver's licence which had been
enforced for a minimum of three years and/or where the driver was under 23 years of age.
privacy@selectcarhire.co.za
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10.BREACH
10.1 Breach of contract occurs, but is not limited to, when:-
10.1.1 The vehicle is not returned by the user on the agreed return date
10.1.2 The vehicle is driven by a person other than the specified driver, in which event the user shall be liable
10.1.3 The vehicle is driven on a road, which was not tarred, or generally in a condition which was not suitable for the vehicle.
10.1.4 The vehicle is driven by a person whose blood alcohol concentration exceeds the limit prescribed by law or whilst under the influence of any narcotic drug.
10.1.5 The vehicle is used for purposes prohibited as specified in clause 8.3 hereof
10.1.6 The user breaches any material term or condition of this agreement.
10.2 Should the vehicle be damaged or stolen the user shall be liable for the total repair or replacement costs thereof.
11.RESPONSIBILITY AFTER LOSS OR DAMAGE TO THE VEHICLE
11.1 Should the vehicle be involved in a collision, is stolen or should any part of the vehicle be stolen during the rental period, the user shall:-
11.1.1 Notify SELECT within 3 (three) hours of the occurrence
11.1.2 Obtain the names and addresses of all parties involved and details of possible witnesses.
11.1.3 Not admit responsibility or liability and shall not release any party from any liability nor settle any claim against or by any party nor accept any disclaimer Nof liability.
11.1.4 Notify the police services within 24 hours of the occurrence in question.
11.1.5 Make adequate provision for the safety of the vehicle.
11.1.6 Co-operate with SELECT in the investigation and the instituting of any claim or action and the defence of any prosecution (including the making of any affidavit if he is requested
to do so)
11.2 The user shall ensure that all specified drivers comply with the provisions of clause 11.1 and the user warrants that the specified drivers will do so.
11.3 The user warrants that the information supplied by him shall be true, complete and correct in every aspect.
12. INDEMNITY
12.1 SELECT shall not be liable for any damage whatsoever suffered by the user arising out of any defect in or mechanical failure, nor for any loss or damage to any property transported
or left in the vehicle, nor for any indirect damages, consequential loss, loss of profits or special damages of any kind for any breach of this agreement.
12.2 The user indemnifies and holds SELECT harmless against any claims which may be brought against SELECT by any person or entity resulting from the use or possession of the
vehicle by the user.
13. GENERAL
13.1 This agreement shall constitute the entire agreement and nothing shall be varied or changed unless reduced in writing and signed by the user and an authorized
employee of SELECT.
13.2 This agreement shall be governed in all respects by the Laws of the Republic of South Africa.
13.3 The user shall not be entitled to cede any of his rights under this agreement or sublet or part with possession of the vehicle, its tools or equipment or any part thereof.
13.4 If the user enters this agreement on behalf of any principal including any disclosed and/or undisclosed principal, he shall be personally liable jointly and severally with his principal.
13.5 In the event of a dispute arising, the parties consent to the jurisdiction of the Magistrate's Court having jurisdiction to hear the matter notwithstanding that the amount may exceed the
monetary jurisdiction of the Court.
13.6 In the event of SELECT instituting any legal action to enforce any of its rights under this agreement or instituting any action against any third party to recover any losses or damages
suffered by SELECT, it shall be entitled to recover from the user all legal costs SELECT incurred on a scale as between attorney and own client.
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