1. DEFINITIONS:
In this agreement, unless the context indicates otherwise, the following expressions shall bear the following meanings:
1.1 “the COMPANY”, “us” and “we” means “THE WOODFORD GROUP, WOODFORD CAR HIRE AND/OR ANY OF ITS SUBSIDIARIES AND/OR RELATED ENTITIES OR BUSINESSES and more particularly including their COMPANY referred to in the top right-hand corner of the Rental Agreement to which these terms and conditions are attached”.
1.2 “the HIRER” or “you” means the renter as defined in the Rental Agreement to which these terms and conditions are annexed.
1.3 “the AUTHORISED DRIVER” means you and/or the driver and/or the additional driver as stipulated in the Rental Agreement.
1.4 “the VEHICLE” means the vehicle/s identified in this document or any other replacement vehicle provided to you by us (including the vehicle documents, keys, tyres, tools and accessories supplied with the vehicle).
1.5 “the RENTAL PERIOD” means the period between the “Date out” and the “Due Date back”, as specified in the Rental Agreement, or if such period is extended, the time and date entered on our records.
1.6 “the OFFICIAL RATES” means our rates as charged from time to time and/or in terms of the official rates published and amended from time to time, applicable to the vehicle rented in terms of this agreement and which are available at any of our offices.
1.7 “ACCESSORIES” include one jack and handle, one spare wheel and spanner, one set of triangles, one spare wheel, one lockable fuel tank cap and keys, and any other additional accessories listed on the Rental Agreement and / or on the vehicle inspection sheet.
1.8 “PERSONS” includes any natural person or legal entity. Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa.
1.9 “RENTAL AGREEMENT” is the facing page of this document headed “Rental Agreement” and the entire agreement is comprised of the Rental Agreement, these terms and conditions, the vehicle inspection sheet, and any other document brought into existence in accordance with these terms and conditions.
2. DELIVERY OF VEHICLE AND COMPLETION OF HIRE
2.1 The vehicle shall be at your sole risk from the date and time of delivery of the vehicle until the vehicle is returned to us. You undertake to return the vehicle undamaged, in good order and in a roadworthy condition, fair wear and tear excepted. The onus is on you to inspect the vehicle immediately upon delivery to ensure that the vehicle is free of any defects and is not damaged/scratched, and your failure to do so and to report same to ourselves shall result in the vehicle being deemed to be in good condition, order and repair and you shall accordingly be liable for all and any damages to the vehicle and the related charges therefore.
2.2 You shall return the vehicle, on the expiry or termination of this agreement, at your expense to our authorised representative at the Depot at which you took delivery, or such location as agreed to by us and confirmed in this document, entered into on our records. You acknowledge that failure to return the vehicle in terms of this agreement shall constitute illegal possession by you, and we may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Should we need to incur costs in order to retake possession of the vehicle, such costs will be for your account.
2.3 Upon returning the vehicle to us, as set forth in 2.2 above, you shall be obliged to:
2.3.1 park the vehicle in our reserved parking;
2.3.2 ensure that the vehicle is properly locked and secure;
2.3.3 hand the keys of the vehicle to an authorised representative of ours at our offices where the offices are open for business;
2.3.4 leave the keys in a drop safe provided for at our offices, where the offices are not open for business;
2.3.5 the sole risk of loss or damage to the vehicle shall remain vested in you until such time as we have recorded the return of the vehicle;
2.3.6 in the event that the vehicle has a tracking device installed, all and or any information obtained by us from such device shall be prima facie proof of all readings and recordings in respect of such vehicle and we shall be entitled to use such readings in any legal proceedings upon mere production thereof. You bear the onus of disproving the validity of any such reading.
3. USE OF VEHICLE
You warrant that:
3.1 All information given by you to us is true and correct.
3.2 You, and/or the authorised driver are over the age of 23 years and hold a valid, unendorsed driver’s license for the vehicle class rented for a minimum period of 3 years, you have not been convicted of any criminal offence which resulted in the endorsement or cancellation of such driving license, and you will not drive the motor vehicle under the influence of alcohol or any other substance that would impair your ability to drive.
3.3 You are not physically prevented from safely operating the vehicle.
3.4 Only you or the authorized driver/s may drive the vehicle.
3.5 You will lock the vehicle and activate any burglar alarm or protection system installed in the vehicle when same is not in use and ensure that the keys of the vehicle are properly controlled, kept either on your person and/or in your safe custody.
3.6 The vehicle shall not be used or driven for the conveyance of persons or property for hire, in contravention of or in breach of any law, in any race, speed test or contest, or on roads not properly constructed, or unsuitable for the use of this type of vehicle.
3.7 The vehicle shall not be used or driven in any way which would constitute a breach of any law and/or any of the provisions of this agreement.
3.8 You shall at all times display an absolute duty of care towards us in respect of this vehicle, in that you shall ensure that the vehicle shall only be used on suitable roads and conditions as in accordance with the type of vehicle hereby rented.
3.9 The vehicle has been rented on the basis that you are not a tour operator or agent, representative for us. You further warrant that the vehicle is being used for leisure travel and not for the conveyance of passengers, or freight, or for reward and is not rented for the purposes of a cross-border road transport, as defined by the said Act.
3.10 Neither you nor any third party is allowed to use the vehicle in contravention of any Customs and Excise Act.
3.11 You will not take the vehicle into any area or on any road where there is a risk that the vehicle may be damaged, stolen or lost through civil disturbance, riot or any act of political unrest.
3.12 You will not use this vehicle to tow any vehicle or trailer unless specifically authorised thereto and unless the vehicle is specifically fitted with an appropriate tow hitch and towbar.
3.13 The vehicle will not be taken outside the Republic of South Africa, except with our prior written permission.
3.14 Should the vehicle be driven over 150 kmh as determined by our speed monitoring systems connected to the vehicle, the following penalties shall apply:
3.14.1 The first breach over the speed of 150 kph – no penalty shall apply
3.14.2 The second breach over 150 kph – you shall be charged a penalty of R5000.00
3.14.3 The third breach over 150 kph – you shall be charged a penalty of R10 000.00 and the vehicle shall be immediately returned to us alternatively it will be impounded by us wherever the vehicle may be.
4. DEPOSIT, PAYMENTS & REFUNDS
4.1 All prices include VAT unless stated otherwise. You undertake to pay on demand as in clause 4.7 below unless credit is granted, such to be confirmed in writing, in which event payment of any account rendered will reach our Head Office not later than thirty (30) days from the date of statement for the month during which credit was granted.
4.2 Where a special rate, discount or commission was negotiated in respect of a transaction or transactions of hire, and where payment has not been received in accordance with the terms of this agreement, we reserve our right to charge the full rate prevailing at the time of the hire for the period of the hire.
4.3 We shall be entitled, in our sole discretion, to allocate the deposit paid by you to any amount owing by you to us at any time for any reason whatsoever. By your signature to this agreement, you hereby authorise the allocation of any such deposit to any such amount outstanding.
4.4 You agree to pay us, immediately, upon demand:
4.4.1 the vehicle rental rates as set out in the Rental Agreement and/or in terms of our official rates, whichever may be applicable;
4.4.2 fuel is not included in the hire rates. Vehicles are delivered with a full tank and you are responsible for the delivery of the vehicle to us with a full tank, upon return, alternatively, you will be responsible for the payment of the cost of refilling the vehicle upon its return. In addition, you will be responsible for paying to us the fuel top-up levy as per 4.4.10 below;
4.4.3 all traffic fines administration fees (as per clause 10.19 below), e-toll surcharges/admin fees per toll transaction, rental admin fees, taxes, charges, stamp duties, levies, legal costs and tolls payable by us to any third party arising out of your use of the vehicle;
4.4.4 all and any costs (including but not limited to) towing charges, losses or damages and charges incurred by us in procuring the return of the vehicle to us as per clause 2.2 above;
4.4.5 in the event that the vehicle is not returned on the return date, all amounts that would have been payable by you in terms of this agreement if the rental period had been validly extended to the actual date of return of the vehicle to us;
4.4.6 all costs incurred by us in repairing any damage of any nature whatsoever to the vehicle and any loss or damages suffered by us as a result of theft, fire, abuse of the vehicle and/or negligent/reckless driving or any other cause whatsoever;
4.4.7 such valet charges as may be levied for the cleaning of the vehicle;
4.4.8 any administration fee after an accident, including any assessor’s fee, traffic offence, toll handling fee that might be levied by us;
4.4.9 any amount for which you are liable in respect of loss or damage following an accident irrespective of by whom the accident was caused and who was negligent in respect of the collision or loss;
4.4.10 a fuel top-up levy will be charged on all vehicles that are not returned with a full tank.
4.5 If we have agreed to payment from you by credit card or charge card, your signature to this agreement shall constitute authority for the issuer of the call cards to immediately debit you with the total amount agreed upon, inclusive of all costs and charges of whatsoever nature, arising out of the terms of this agreement.
4.6 All additional charges as indicated in the Rental Agreement shall be payable by you. All charges may be debited to your credit card from such authorisation and/or deducted from any deposit paid. These amounts shall be non-refundable, until such time as we have raised all charges payable in terms of this agreement. Any balance then owing shall immediately be refunded/released to you.
4.7 You shall pay all amounts payable by you under this agreement to us, on demand, and if any payment is not made on its due date, then we may, without prejudice to any of our rights, charge interest on the amount due at the maximum rate permissible by law, in addition to administrative charges and penalties.
4.8 Invoices for vehicles that are returned after 17h00 will only be concluded the following morning after the vehicle has been double-checked.
4.9 Deposits on vehicles rented in excess of seven (7) days shall be banked and refunded only after the vehicle has been returned and cleared. Any adverse exchange rate fluctuation shall be borne by you.
5. YOUR ACKNOWLEDGEMENTS
You acknowledge that:
5.1 The vehicle, its appurtenances and accessories were in good working order and repair at the time that it was received by you.
5.2 The radiator, oil reservoirs and fuel tank were full to capacity.
5.3 The kilometre indicator on the vehicle was operating correctly.
5.4 The tyres were of good tread and condition.
5.5 You inspected the vehicle thoroughly at our premises and you have reported any purported defects in the vehicle to us immediately upon and/or prior to taking delivery from the company as recorded in the vehicle inspection sheet.
6. DAMAGE
6.1 You will be fully liable for any damages caused to the vehicle including, but not limited to, damage by potholes, dust storms, hail, gravel and/or sand roads. Any of your or a third party’s property or apparel, damaged, lost or stolen is not covered by us and no attachment/trailer shall be utilised with the vehicle unless agreed upon by us.
6.2 Should the kilometre indicator (odometer) malfunction or stop working, you will immediately return the vehicle to us for repair and furnish us with all details of the use of the vehicle to enable us to reasonably assess the distance covered.
6.3 All speedometers and odometers are sealed. If it is found that the speedometer or odometer has been tampered with, you will be charged the equivalent of 500 kilometres per day during the existence of this Rental Agreement, to which shall be added the original kilometres driven. In addition, if the speedometer or odometer is tampered with, you will be charged with fraud.
6.4 If the vehicle is impounded, you are liable for all costs and damages incurred by us as a result thereof. This includes, but is not limited to:
6.4.1 the hire and related charges from inception of this agreement to release of the vehicle to us;
6.4.2 the costs of any repairs needed for any deterioration of the vehicle as a result of your use of it or it being impounded;
6.4.3 any and all costs, including all legal costs, incurred by us in trying to locate the vehicle, and secure its release from the pound.
6.5 If the vehicle is impounded as in 6.4 above and has not been released into our possession within six (6) months of inception of this agreement, it will be deemed to be irrecoverable in which event you agree to, and will be obliged to, replace the vehicle with an identical new one and pay to us the costs, including any taxes, levies and charges associated therewith.
6.6 A claim handling fee of R500 plus VAT shall be payable to us in respect of each of the above claims and all claims arising out of your breach of this contract.
This is an administrative fee and does not limit the company from recovering costs incurred (including for any over services enlisted) in due process resulting from any such incident.
7. EXTENSION OF RENTAL PERIOD
7.1 You will be entitled at any time during the initial period to extend the rental period orally, via telephonic communication to any one of our offices.
7.2 This extension will however only be valid if made more than two (2) hours before the time when the vehicle is due to be returned, and the additional hire charges for such extended period have been paid or secured to our satisfaction.
7.3 This oral extension will be recorded in writing for reference purposes to protect both of our rights.
7.4 It is your obligation to obtain a reference number in respect of any valid oral extension when it is recorded in writing.
7.5 We reserve the right to request that the vehicle first be inspected prior to any extension being authorised.
7.6 In the event of an extension, the normal rates will apply and not the special/online or original rates negotiated in the Rental Agreement.
7.7 The company may at its sole and unfettered discretion decline any extension of the rental period.
8. BREACH & TERMINATION
Should you breach any term of this Rental Agreement, commit any act of insolvency, make any incorrect or misleading statement or representations to us in entering into this agreement, then we shall be entitled to claim damages, with or without notice, cancel this agreement, or we shall be entitled to the immediate return of the vehicle, and any amount then and there owing by you to us will become immediately due, owing and payable.
9. INDEMNITIES, ACCIDENTS AND RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
9.1 You indemnify us against any claims by any persons for any damages of any nature whatsoever suffered as a result of any incident involving the vehicle whether as a result of our negligence or otherwise.
9.2 We shall not be liable for any damage and/or injury and/or death arising out of any defect in and/or mechanical failure of the vehicle or any apparel therein including, but not limited to a baby seat, nor for any loss or damages to any property transported in or left in the vehicle, nor for any damages, injury, death, consequential loss, loss of profits, or any other damages which you or any person transported in the vehicle or any other person may suffer arising out of this agreement. You indemnify us in full in this regard.
9.3 If the vehicle is involved in any accident or collision or is lost or the vehicle or any part thereof is stolen or is involved in any incident which could prejudice our rights, you shall take all such steps to safeguard our interests, including, but not limited to the following where appropriate:
9.3.1 you shall obtain the name and addresses of everyone involved and of possible witnesses;
9.3.2 you shall not admit any responsibility or liability or 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;
9.3.3 you shall notify the police and us as soon as possible and in any event within 24 (twenty-four) hours of the incident;
9.3.4 within 48 (forty-eight) hours of the incident you shall complete and furnish to us our fully completed standard claim form;
9.3.5 within 48 (forty-eight) hours of the incident you shall submit a copy of your driver’s license to us;
9.3.6 you shall make adequate provision for the safety and security of the vehicle. Towing of the vehicle from the accident scene to our Depot from which it was hired or to such other place as indicated by us is for your account;
9.3.7 you shall co-operate with us and our insurer in any investigation, the lodging or institution of any claim or action and the defence of any prosecution, claim or action relating to the above;
9.3.8 “you” includes the actual driver of the vehicle as defined in 1.2 above. Despite such inclusion, if you are not the actual driver, then you will ensure compliance with all our obligations as set out in this agreement; upon failure to do so, you will be liable for all damages claimed, including those claimed by third parties;
9.3.9 you shall furnish us (and ensure that any other party in possession of information, any notice of claim, demand, summons or the like which you or any person may receive in that regard);
9.3.10 you shall not be entitled to repair the vehicle whether mechanical, structural or otherwise without our prior written consent.
9.4 We reserve the right to claim from you all damages we may suffer, howsoever arising, and of whatever nature, resulting from this Rental Agreement.
10. GENERAL
10.1 A certificate under the hand of any senior official of the company (whose status need not be proved) shall be sufficient proof of any amount due by you hereunder.
10.2 Su
ch certificate shall be valid for the purpose of obtaining judgment, provisional sentence, summary judgment or any other order against you.
10.3 You acknowledge that ownership in the vehicle shall at all times remain vested in us, the true owner of the vehicle.
10.4 You shall not be entitled to cede or assign any of your rights and obligations under this agreement or to sub-let it or part with possession of the vehicle, its tools or equipment or any part of it.
10.5 The cost of fuel is not included in the amount of the rental. We will refuel all vehicles on termination if they are not returned full, in which event the cost of fuels and the top-up levy as referred to above, will be for your account.
10.6 Any tampering by you of the odometer or the speedometer of the vehicle will be regarded as fraud and the penalties and charges as referred to above shall apply. Where required in determining the rental charges, the distance driven by you shall be measured from the odometer installed in the vehicle. If such calculation is not practical, or possible for any reason whatsoever, the calculation shall be done by such other reasonable method as we may determine and you shall be obliged to furnish all such information and assistance as we may reasonably require for that purpose.
10.7 “You” and “the authorised driver” are sin ominous in every respect and without detracting from our rights in any way, you shall be liable to us with such authorised driver, jointly and severally, for all and or any amounts owing under this agreement including but not limited to damages.
10.8 Although we shall use our best efforts, we are unable to guarantee the delivery of the vehicle to you at a particular time due to possible circumstances beyond our controls. In the event that we are unable to do this, we shall endeavour to make alternative arrangements until such time as we are able to deliver the vehicle to you.
10.9 Save as otherwise stated in this agreement, any addition to, alteration or cancellation of this agreement shall be null and void unless agreed upon by us in writing.
10.10 You and we consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction over us, for all purposes under this agreement, notwithstanding that the subject matter or cause of action involved be otherwise beyond the jurisdiction of the said court. This consent shall in no way prevent us in proceeding against you in any competent Court including any High Court should we elect to do so.
10.11 You are liable for any and all legal costs which we may incur as a result of the breach (or otherwise) relating to this agreement including but not limited to attorney and client costs and collection commission.
10.12 You choose the address where you will receive notices for all purposes in terms of this agreement, at your address specified in the Rental Agreement or in the case of that address not being in the Republic of South Africa, at the address given for the driver in the Rental Agreement.
10.13 A certificate of any director, manager, duly authorised representative or accountant of ours as to the amount owed by you to us shall on the face of it constitute proof of the amount due, owing and payable.
10.14 This document contains the entire agreement between us regarding the matters contained herein and we shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein unless otherwise stipulated by law.
10.15 It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court then the remaining clauses shall be and continue to be of full force and effect.
10.16 This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
10.17 You hereby consent and authorise the company to disclose all relevant information pertaining to you to SANRAL for the recovery of any e-toll transaction in respect of the driving of the vehicle.
10.18 You consent to any credit/information check that may become necessary.
10.19 A handling fee of R250,00 will be charged for each and every traffic fine. Traffic fines will be redirected to you.
10.20 You are solely responsible for ensuring that all valuables and/or other personal items are removed from the vehicle when the vehicle is returned to us. We will not be liable to you for any valuables which may be lost due to your negligence in this regard or for any other reason whatsoever.
10.21 A security deposit to the amount stated on the rental agreement cover sheet shall be payable by yourself to us on signature of the rental agreement which deposit shall be refunded to you on the return of the vehicle, provided that that there is no additional claim against you arising out of the rental agreement. These may include but not be limited to refueling costs, toll costs and damages. The deposit shall be held by us without any interest accruing for your benefit until such time as the claim against you is finalised. Any damages amounts due to us from such claim may be deducted from the security deposit in lieu of such claim amount.
10.22 in addition to any amounts payable to us in terms of the rental agreement we reserve the right at our sole and unfettered discretion to charge you an overdue penalty fee of R1, 000.00 for every 24 hours over the date and time of return of the vehicle as stated in the rental agreement.
11. FUEL CARDS
Where fuel cards have been provided by us:
11.1 Such fuel cards will be your sole responsibility and are to be used strictly for the vehicle specified on the card and to be used strictly for the purposes of filling fuel and payment of tolls.
11.2 If we suspect any fraud arising from the use of our fuel cards, then in such event we will conduct an investigation into such unauthorised use, and the costs of which will be for your account, in addition to any losses suffered by us resulting from fraud whilst such cards are in your possession.
11.3 Any lost or stolen fuel cards must be reported to us in writing within six (6) hours of such loss.
11.4 You warrant that our fuel cards will not under any circumstance be used in an unauthorised manner or misused in any way.
12. INSURANCE COVER, LIABILITY WAIVERS & REPUDIATION
12.1 You may purchase in advance a collision damages waiver, and/or theft loss waiver, or a super waiver, or such liability waivers may be included in the official rates on the Rental Agreement.
12.2 Should you indicate in the Rental Agreement that you have applied for such a waiver, your liability in terms of this agreement will not exceed the amount stated in the Rental Agreement as your liability, unless one or more of the exclusions in clause 12.3 below is applicable.
12.3 The insurance and liability waivers do not cover loss of, or damage to the vehicle in the following circumstances and you will be personally liable for all such loss or damage:
12.3.1 where you are in breach of any of the terms of this agreement, or you have contravened the provisions of any law;
12.3.2 where damage is caused to glass, mirrors, lamps, tyres, rims, hubcaps, windscreens or the undercarriage, if no collision of the vehicle has occurred;
12.3.3 where damage is caused by water;
12.3.4 where damage or loss is caused by your negligence;
12.3.5 where damage or loss is sustained in an accident not caused by physical contact with another vehicle, person, animal or object;
12.3.6 where damage is caused by your failure to ensure that the vehicle’s required lubricant levels are maintained;
12.3.7 where damage or loss is caused by potholes, or on roads not suitable for the type of vehicle rented;
12.3.8 in respect of personal belongings, key replacement, towing fees and claim administration fees;
12.3.9 if the vehicle is not being garaged or parked in accordance with the provisions of this agreement while not being utilised;
12.3.10 where the vehicle is being used in any area governed by emergency regulations promulgated from time to time in the Republic of South Africa, or any area where civil unrest is prevalent;
12.3.11 in Zimbabwe, Mozambique, Botswana, Swaziland, Lesotho, Namibia or any other country;
12.3.12 where the vehicle is lost or damaged by or through any act of a political nature (where applicable) and as more specifically defined by the South Africa Special Risks Insurance Association;
12.3.13 where the vehicle is not returned on the due date, alternatively is not returned on due date in respect of a written extension of the contract of hire;
12.3.14 where any person other than the authorised driver is driving the vehicle or any person driving the vehicle is not in possession of a valid unendorsed driver’s license and in any event if such person is under the age of 23 years;
12.3.15 if the vehicle is fitted with a gear lock and the gear lock is not used;
12.3.16 in the event of our claims department repudiating any claim for loss or damage to the vehicle arising out of the rental agreement, you shall be liable for such loss and damage suffered by us.
12.4 The basic liability waivers offered by us are mandatory. You may not decline the basic liability waivers offered by us unless you have provided us with written confirmation, prior to the vehicle being handed to you, from your insurers that the vehicle rented by you is comprehensively insured and your have been granted permission by the company in writing of acceptance of such insurance.
