STANDARD TERMS AND CONDITIONS
- DEFINITIONS AND INTERPRETATION
1.1 “Additional driver” means such person who, in addition to the driver, is reflected on the Rental Agreement as being duly authorised by AAD to drive the vehicle.
1.2 “AAD” means AAD CAR AND TRUCK HIRE (PTY) LTD T/A CABS CAR AND TRUCK HIRE, Registration Number1995/002686/07,a company duly registered in accordance with the company laws of the Republic of South Africa;
1.3 “Claim” means any claim submitted by AAD to its own insurance company in respect of any loss of or damage to any of its vehicles;
1.4 “Claims Administration fee” means an administration fee, reflected in the Rental Agreement, charged in all instances when a claim has to be processed in respect of any damages whatsoever, loss or theft of, or out of, the vehicle or parts of the vehicle;
1.5 “Super Damage Waiver”, if chosen by the Hirer, means that in the event of an accident where the vehicle is damaged or written off, the Hirer shall only be liable for the Hirer Responsibility Amount as set out in the annexed table;
1.6 “Hirer Responsibility Amount” means the amount for which the Hirer and/or driver is responsible in the event of any damage to or loss of the vehicle, depending on the applicable Waiver Benefit chosen by the Hirer and as set out in the annexed table;
1.7 “Hirer” shall mean the Client/Hirer described on the reverse hereof;
1.8 “Rental Agreement” means the Rental Agreement reflected on the reverse hereof and incorporates these Standard Terms and Conditions and all annexures, to all of which the Hirer is bound;
1.9 “Super Theft Loss Waiver” means that in the event of any theft of the vehicle or part thereof or any accessories, the Hirer shall only be liable for the Hirer Responsibility Amount as set out in the annexed table;
1.10 “Vehicle” shall mean the vehicle hired with all its equipment and appurtenances as well as any replacement and/or loan vehicle which may for whatever reason be made available to the Hirer with all of its equipment, accessories and appurtenances;
1.11 “Waiver”, in the context of the Rental Agreement, means AAD’s agreement not to pursue the Hirer for any damage to or loss of the vehicle to the extent applicable to the waiver taken by the Hirer, subject to the Hirer opting for a Waiver Benefit and paying, in addition to the rental amount, the Waiver Fee as well as the applicable Hirer Responsibility Amount in the event of a loss or damage and subject to the specific provisions of clauses 5, 10 and 22 hereunder and generally to the Hirer not breaching any of the terms of this Agreement and subject further to the Hirer not being entitled to indemnity under any other policy of insurance or in terms of any other benefit.
1.12 Waiver Benefit means any one of the following Waivers: Super Collision Damage Waiver or Super Theft Loss Waiver.
1.13 Waiver Fee means the amount payable by the Hirer, in addition to any rental or other amounts payable in terms hereof, in the event of him opting to take either or both, of the Waiver Benefits on offer.
- DELIVERY AND RETURN
2.1 The vehicle shall be collected from AAD’s depot and returned to AAD’s depot at the agreed time, unless otherwise arranged and confirmed in writing, in the same good order and repair as on delivery, fair wear and tear excepted.
2.2 The Hirer’s obligations in terms hereof only end once the vehicle has been returned to AAD’s depot.
2.3 Notwithstanding any other provisions contained herein and regardless of whether the vehicle is returned to the depot or to any other place, a final check on the vehicle will be done upon its return to the depot and the Hirer shall be responsible for all or any damage found on or to the vehicle or any of its appurtenances at such final check. The Hirer shall be entitled to be present at the final check but nevertheless remains liable for any damage found at such final check whether present or not.
- AUTHORISED DRIVERS
3.1 Hirers and/or authorized drivers must at all times be in possession of a valid, unendorsed driver’s license, which license must have been valid for a minimum period of (2) two years. The minimum age of Hirers and/or authorized drivers shall be 23 years old and the maximum age shall be 70 years old unless AAD, in its sole discretion and in writing, agrees to waive this age requirement.
3.2 In the exceptional event of the Hirer being under the age of 23 years, the applicable Hirer Responsibility Amount payable in terms of the annexed table shall be double and shall also apply to persons over 23 who have had a license for less than two years.
3.3 If the Hirer is not a natural person, the vehicle may not be driven by anyone other than the designated driver stipulated on the reverse hereof.
3.4 A person whose name is specified as an Additional Driver on the agreement and who complies fully with clause 3.1 may also drive the vehicle.
3.5 If the vehicle is driven by anyone other than the Hirer, then without derogating from any rights or remedies which AAD may have, the Hirer shall remain liable in all respects for all obligations in terms of this agreement.
4.1 AAD offers the following Waiver Benefits:
4.1.1 Super Collision Damage Waiver;
4.1.2 Super Theft Loss Waiver.
4.2 The Hirer may choose any (or both) of the Waiver Benefits on offer, the effect of which is to reduce the Hirer’s liability in respect of damage or theft, depending upon the particular Waiver taken. That is, in the event of any loss of or damage to the vehicle, any parts or accessories or in the event of any theft of the vehicle or parts thereof or any accessories, the Hirer shall only be liable for the Hirer Responsibility Amount applicable to the particular Waiver Benefit taken by the Hirer and as set out in the annexed Table.
4.3 In the event of theft of the vehicle, the Hirer Responsibility Amount payable shall be 10% of the retail value of the vehicle, the retail value being that as specified in the most recently published Auto Dealers Guide by Mead & McGrouther.
4.4 In event of the Hirer opting not to take any of the Waiver Benefits on offer and not being privately insured as set out hereunder, the Hirer shall be liable for all or any damages suffered by AAD irrespective of fault or cause.
4.5 The Hirer may elect to take out private insurance cover through his own insurance company. However, in the event of any insurance claim being repudiated or not fully covering any damages or patrimonial loss suffered by AAD, then in that event the Hirer hereby undertakes and agrees to be liable to AAD for any amount not paid by the insurers.
4.6 In the event of the Hirer providing his own insurance, the Hirer and/or driver hereby undertakes to expeditiously assist in every way possible to ensure timeous and proper lodgment of any claim and in respect of any other matter upon the request of either AAD or the insurer.
4.7 The Waiver Benefits are of no force or effect in the event of a breach by the Hirer or any driver, of any of the terms of the Rental Agreement, including these Terms and Conditions and further do not cover any of the circumstances listed in Clause 22 hereunder nor the following:
4.7.1 Any damage to or loss of rims and trims, tyres or windscreens, radio and all glass;
4.7.2 Any damage to or loss of the Hirer’s personal possessions or anything left in or on the vehicle during the period of hire, the Hirer being solely responsible therefore;
4.7.3 All accidents occurring on gravel roads, any sandblasting damage caused by wind storms, hail storms and any water damage, the Hirer being solely responsible therefore. This is to include all undercarriage damage.
4.8 In the event of the Hirer being a foreigner and electing to make use of his own insurance cover and furnishing AAD with written proof thereof, the Hirer shall nevertheless remain personally liable for all or any damages to the vehicle howsoever arising. It shall be the Hirer’s responsibility to recover from his foreign insurers the amount of the claim, with AAD endeavoring to assist in whatever way possible.
4.9 The Hirer shall pay a Waiver Fee, in addition to the rental amount and any other amounts payable in terms of the Rental Agreement, in the event of him opting to take any of the Waiver Benefits, which shall be payable in addition to any Driver Responsibility Amount, if applicable.
- RETURN OF VEHICLE
5.1 Where the vehicle hired in terms of this agreement is, by prior written arrangement, to be left at the termination of the Rental Agreement at any place other than AAD premises/depots, the Hirer shall be obliged to notify AAD not less than 24 hours prior to the termination of the agreed hire period of the full address and exact location of the place where the said vehicle will be left by the Hirer, the location of the keys to the vehicle and the time that it will be left. In the event of the Hirer failing to notify AAD in terms hereof and/or in the event of the vehicle being damaged or stolen or any part thereof stolen or damaged, the Hirer will be liable to make payment of all damages sustained by AAD in repairing or replacing the vehicle in addition to any damages not covered by any insurance on the vehicle, notwithstanding any Waiver Benefit taken by the Hirer, which shall, in these circumstances, be of no force or effect.
5.2 Any approval by AAD to any vehicle being left for collection at any other place than the AAD depot will be strictly on the basis that, should the vehicle be stolen or be collected as arranged and not found to be in the condition in which it was handed to the Hirer (as is more fully set out in the Check List), the Hirer agrees to be liable for the total cost of restoring the vehicle to the condition in the Check List or for the replacement thereof as the case may be and any Waiver Benefits shall be of no force or effect.
5.3 The Renter acknowledges that failure to return the vehicle in terms of the rental agreement shall constitute unlawful possession by him, and the Company may repossess the vehicle wherever it may be found and from whomsoever is in possession thereof. Any cost incurred in recovery of the vehicle as well as any additional rental days, will be for the account of the Renter.
- RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
6.1 If during the hire period the vehicle is involved in any accident or collision or the vehicle or any part of it is stolen, the Hirer shall take every reasonable precaution to safeguard the interest of AAD including but without being limited to the following where appropriate:
6.1.1 He shall obtain the full name, identity number and physical address of everyone involved and of possible witnesses;
6.1.2 He shall not admit any responsibility or release any party from any liability or potential liability or settle any claim or potential claim against or by any party nor accept any disclaimer of liability;
6.1.3 He shall notify the police and AAD as soon as possible and, in any event, within twenty-four hours of the occurrence in question;
6.1.4 Within forty-eight hours of the occurrence in question, he shall complete and furnish to AAD, the standard claim form which he shall be responsible for obtaining from AAD;
6.1.5 He shall make adequate provisions for the safety and security of the vehicle;
6.1.6 he shall co-operate with AAD and its insurer in the investigation, the making or instituting of any claim, or action and the defense of any prosecution, claim or action relating to the accident (including deposing to an affidavit and testifying in Court if he is requested to do so).
6.2 If the Hirer is not the driver, then, without in any way derogating from the Hirer’s obligations in terms hereof, the Hirer shall ensure that the driver complies with the provisions of this clause.
6.3 The Hirer shall furnish to AAD (and if the Hirer is not the driver, the Hirer shall also ensure that the driver furnishes to AAD) any notice of claim, demand, summons or the like which the Hirer or the driver may receive in connection with the vehicle.
6.4 The Hirer warrants that the information completed in AAD’s claim form or any documentation required to be completed will be complete, true and correct in every respect.
6.5 The decision as to whether to provide the Hirer with a replacement vehicle in the event of the hired vehicle being damaged in an accident shall be in the sole discretion of AAD.
AAD shall not be liable to the Hirer, the driver or any other third party for any damage whatsoever arising out of any defect or mechanical failure of the vehicle, nor for any loss of 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 reason whatsoever or howsoever arising out of this agreement, including negligence on the part of AAD. Notwithstanding the fact that negligence may be proven, AAD and the Hirer/s accept that the responsible party, having given rise to the event, be held accountable.
8.1 The vehicle shall not be used or driven:
8.1.1 for the conveyance of any person or property for consideration expressed or implied unless agreed to by AAD in writing;
8.1.2 in contravention of the law, including the wrong side of the road, the correct side in South Africa being the left;
8.1.3 To tow or propel any other vehicle or trailer, without the prior written consent of AAD;
8.1.4 by any person under the influence of drugs or alcohol;
8.1.5 in any motor sport or high risk activity;
8.1.6 Beyond the borders of the Republic of South Africa without the prior written consent of AAD first being had and obtained.
8.2 The Hirer and/or driver shall not be entitled to cede any of his rights under this agreement nor sub-let the vehicle or part with possession of the vehicle, or any of its tools or equipment unless specifically agreed to by AAD in writing.
8.3 The Renter shall not take the vehicle into any area or on any road where there is risk that the vehicle may be damaged, stolen or lost through civil disturbance, riot or any act of political unrest.
- RATES AND PAYMENT
9.1 The Hirer shall pay AAD on demand all charges, as they become due in terms of this agreement. The Hirer shall be liable to pay:
9.1.1 A charge calculated from the time that the vehicle is placed in the Hirer’s possession to the time that it is returned to the possession of AAD by drop off or collection as the case may be. Distance is calculated from the AAD depot and back to the AAD depot. The minimum charge rate period will be 24 hours. In the event of the Hirer returning the vehicle before the expiry of the rental period as reflected in the Rental Agreement, the Hirer shall, in AAD’s sole discretion, be liable to pay either the listed rate as contained in the Rental Agreement as well as all charges applicable to the period and/or kilometers actually used, or the rates and charges as if the full rental period and/or kilometers had occurred;
9.1.2 Fuel is not included in the rate. Each vehicle will leave AAD’s depot with a full tank of fuel and the Hirer shall pay for the refueling thereof on return of the vehicle to AAD’s depot;
9.1.3 A contract fee; This is a fee payable for each and every Rental agreement contract that is entered into between the Renter and AAD.
9.1.4 All fines and/or penalties relating to traffic and/or other offences arising out of the use of the vehicle during the period of hire. The Hirer hereby indemnifies AAD against all or any claims which may be made against it arising there from and specifically authorizes AAD to disclose any information lawfully required by a relevant authority for the processing of fines and/or penalties, to the satisfaction of AAD;
9.1.5 A claims administration fee for the handling, submission, processing and administration of any insurance claim arising out of any damage to, theft of or from the vehicle or parts thereof during the period of hire;
9.1.6 An administration fee per traffic fine for the handling, administration and payment of all or any traffic fines;
9.1.7 An additional charge in the event of there being additional driver/drivers;
9.1.8 One way fees; This is a fee levied when a Renter collects a vehicle from one AAD location and returns it to another AAD location.
9.1.9 Delivery and/or collection fees; This charge is levied when AAD uses its driver resources to deliver and or collect a vehicle to/from the Renter.
9.1.10 A charge for optional equipment such as baby seats, additional spare tyres, roof racks, global positioning system (GPS) units, trailers;
9.1.11 Valet fees, in the event of it being necessary for AAD to valet the motor vehicle;
9.1.12 Cross-border charges;
9.1.13 Full damages and/or loss in the event of any insurance claim being repudiated;
9.1.14 Tow charges in the event of it being necessary for the vehicle to be towed for any reason whatsoever;
9.1.15 Locksmith charges and all costs associated with the replacement and/or re-programming of any keys;
9.1.16 The cost of replacing damaged tyres, fair wear and tear excepted;
9.1.17 The Waiver Benefit Fee, in the event of any of the Waiver Benefits being taken;
9.1.18 The Hirer Responsibility Amount, if applicable.
9.1.19 All toll fee’s relating to the hire period.
9.1.20 A cancellations fee if cancelled within 24 hours of the start of hire
9.1.21 A “No Show Fee” equivalent to 2 days rental will apply, should AAD not be notified of your cancellation prior to delivery. Should the vehicle have been delivered as per booking instruction, any cost related to this by way of fuel, afterhours or ancillary items shall be levied and become additional costs to “The No Show” fee.
9.1.22 Fuel Administration Fee will be charged to the contract if a vehicle is not returned full tank of fuel and AAD is required to refuel the vehicle.
9.2 AAD reserves the right to claim payment of rental and any other amounts due in terms hereof in advance and by a recognized credit card only. The Hirer’s signature on the Rental Agreement and the Terms and Conditions constitutes an authorization by the Hirer to AAD to debit his credit card accordingly. This authorization extends to payment of all or any amounts payable in terms of this agreement including amounts which may become payable subsequent to termination of this Agreement such as, but not limited to, traffic fines.
- EXTENSION OF HIRE PERIOD
Extension of the hire period beyond the originally agreed date of termination must be arranged by the Hirer in writing by contacting AAD and must be prepaid. Failure to do so will result in any Waiver Benefit taken by the Hirer no longer being of application. In the event of the vehicle or any part thereof being damaged or stolen during such unauthorized extended period, the Hirer will then become solely and personally liable for the cost of repair of any and all damages to the vehicle of any nature whatsoever or the replacement cost of the vehicle. The decision whether to repair or to replace a damaged vehicle shall be in the sole discretion of AAD. Where a dispute arises, the Hirer shall bear the onus of proving a valid and authorized extension.
- SPEEDOMETERS AND VEHICLE MANAGEMENT SYSTEMS
11.1 All vehicles are fitted with a satellite tracking system and if AAD can verify, at any stage, that speedometers have been tampered with, the Hirer hereby agrees to a charge of all original kilometers driven in terms of the satellite unit reading. All discount or special rates of whatsoever nature will become null and void.
11.2 The Hirer acknowledges that the vehicle may be fitted with a device referred to as a vehicle management system which is used to record amongst other things, speed, braking, kilometers traveled and other information relating to the hired vehicle. AAD shall be entitled and the Hirer herein specifically consents to such information being used as AAD in its sole discretion deem fit (including use in any Court proceedings).
In the event of a breach of any of the terms and conditions of this agreement, or if in the opinion of AAD, the vehicle is being driven or used in a manner which is likely to be prejudicial to AAD or any person, AAD shall be entitled to forthwith terminate the Rental Agreement and to take immediate repossession of the vehicle without prejudice to any other claims of any nature whatsoever that it may have against the Hirer and/or driver.
Notwithstanding anything to the contrary herein contained, the Hirer shall be liable to pay interest on any outstanding amounts due and payable hereunder at AAD’s banker’s current prime lending rate or the prescribed legal rate, whichever is the higher, calculated from the date of payment to date of payment in full.
This agreement constitutes the entire agreement between the parties. No variation or waiver of any of the conditions hereof, nor any representations, promises, warranties or the like made by AAD and which are not contained herein, shall be operative against or binding upon AAD unless reduced to writing and signed by a duly authorized representative of AAD.
If AAD chooses not to enforce its rights at any one time, this shall not preclude it from enforcing its rights at any other time, all of which are strictly and expressly reserved.
The parties agree that any legal proceedings arising out of this agreement can be referred to the Magistrate’s Court for determination even if the amount in dispute is greater than the jurisdictional limit imposed on the Magistrate’s Court from time to time. In addition, and in respect of any such proceedings, the Hirer chooses the address on the front of this agreement in the box titled “Local Address” as the address at which all letters or documents can be sent and, if they are sent to that address, the Hirer will be deemed to have received them.
In the event of AAD instituting legal proceedings in respect of the recovery of any outstanding amount or where it becomes necessary for AAD to consult attorneys regarding any breach by the Hirer of any provision of this agreement whatsoever, then the Hirer shall be liable for payment of all legal fees on the attorney/own client scale, collection commission and tracing agents’ fees.
- JURISTIC ENTITY AND SURETYSHIP
18.1 In the event of the Hirer being a company, close corporation or other legal entity, the signatory hereto warrants that he is duly authorised to enter into this agreement and, by his signature hereto, binds himself as surety for and co-principal debtor with the Hirer and/or driver for the due fulfillment of all of the Hirer and/or driver’s obligations herein, hereby expressly waiving the benefits of the exceptions of division, error in calculation and no value received. The liability of the signatory, hirer and/or driver shall be joint and several.
18.2 In the event of there being more than one Hirer or more than one person signing the Rental Agreement, regardless of the capacity in which the Agreement was signed, the signatories shall be jointly and severally liable for all or any amounts due to AAD arising out of this agreement.
- OTHER AGREEMENTS
In the event of AAD contracting and/or arranging with another car hire company, for the use and hire of a vehicle for the Hirer and the Hirer signs the other car hire company’s terms and conditions, it is agreed that AAD’s terms and conditions as contained herein shall at all times remain applicable and shall in all instances take precedence over such other or any other terms and conditions, notwithstanding the date of signature of the agreements.
Any provision of this Agreement which is invalid or unenforceable for any reason shall be severable from the rest of the Agreement and shall not affect the validity of the Agreement as a whole.
- CREDIT CHECKS
The Hirer consents to and authorizes AAD to conduct credit checks on the Hirer or any Additional Driver.
- VERY IMPORTANT: PERSONAL LIABILITY
22.1 Notwithstanding any of the other provisions of this Agreement, the following are circumstances, which will render the Hirer and/or the driver personally liable for all or any damages of whatsoever nature and any Waiver Benefits taken by the Hirer shall be of no force or effect, with any amounts paid for Waiver Benefits being utilized as part payment of damages suffered by AAD:
22.1.1 Not reporting any damage to or the theft of the motor vehicle to AAD and the South African Police services immediately and accurately;
22.1.2 Not completing a damage report accurately;
22.1.3 In the case of theft, not reporting the exact and true location of the vehicle prior to its theft and not being able to produce the keys and the radio face, if applicable;
22.1.4 Allowing an unauthorized driver to drive the rental vehicle;
22.1.5 Not adhering to all local traffic rules and regulations;
22.1.6 Not driving on the left hand side of the road;
22.1.7 Driving under the influence of alcohol or drugs;
22.1.8 Criminal or gross negligence on the hirer/driver’s part;
22.1.9 Any accident in which no other vehicle is involved;
22.1.10 Towing or repairing or having the vehicle towed or repaired without AAD’s consent;
22.1.11 Crossing national borders without AAD’s written consent;
22.1.12 Failing to return the vehicle as agreed;
22.1.13 Driving on a surface or in conditions, which would damage the vehicle;
22.1.14 At AAD’s election and in its sole discretion, colliding with any animal or taking any action to avoid a collision with an animal;
22.1.15 In circumstances where the Hirer did not make adequate provisions for the safety or security of the vehicle and, in particular, if he did not keep the vehicle properly locked and secured and immobilized and did not activate the alarm when the vehicle was not in use;
22.1.16 Breaching any of the terms of the Rental Agreement and these Terms and Conditions.
22.1.17 When sub hiring to another Car Hire company, no third party cover irrespective of waivers taken would be enforce. This in the event of either total loss or damage, to the third party.
22.2 In the event of any loss of or damage to the vehicle for which the Hirer is personally liable, he shall also be personally liable for any towing charges and, in the event of a breach of Clause 8.1.6, for the entire cost of recovering the vehicle.
22.3 The replacement cost of the vehicle in the event of damage beyond repair or theft shall be the retail price that is specified in the most recently published Auto Dealer’s Guide by Mead & McGrouther.
22.4 The Renter is responsible for the care of the vehicle while in his/her possession and must ensure that sufficient engine coolant, oil and fuel are maintained and that the tyre pressure and wheel alignment remain in the same state as on the date of delivery and or collection of the vehicle to the Renter. The Renter must ensure correct fuel type for the vehicle is used when refueling during hire period.