TERMS AND CONDITIONS OF RENTAL AGREEMENT
In this Agreement the following expressions will have the following meanings:
(a) The Owner means Carpenter Automotive & Transport Limited trading as an independent Budget Rent a Car System licensee or, its authorized agent, described as such on the Rental Agreement.
(b) Renter means the person who has signed overleaf or on behalf of whom this Agreement has been signed.
(c) Vehicle means the Vehicle described overleaf or any substitute vehicle and includes all pails and components of the Vehicle including tyres, spares, accessories, tools etc. Heavy or Light Commercial Vehicle means any truck, van or utility.
(d) Rental Period means the period commencing with the time of rental and ending either when the Vehicle is returned as specified (whether by the Renter or not) or when the Owner receives proper confirmation of theft car destruction of the Vehicle.
(e) Damage to the vehicle includes loss of and damage to the Vehicle, its types, tools and accessories and any cost or expense incurred by the Owner in connection with the loss or damage including without limitation, assessment fees, towing recovery and storage costs and a reasonable administrative fee determined by the Owner.
(f) Overhead Damage means Damage and Third Party Damage arising from contact with any object. Structure or obstruction at a point on the Vehicle upper surfaces including areas commonly described as bonnet, roof, rear luggage lid, tray etc and all glass area.
(g) Water Damage includes any damage arising out of the Vehicle being subjected to the inundation of water.
(h) Underbody damage means damage and Third Party damage at a point on the under portion of the body of the vehicle.
(i) The excess means the amount nominated on the Rental Agreement and applies to all property damage and loss.
(j) The insurance means the policy of insurance arranged by the owner for the purpose of Clause 6 covering damage to property other than the vehicle or property owned or in physical or legal custody or control of the renter or any member of his family.
(k) Third Party Damage means any loss of or damage to third party property, including property of the Owner other than the Vehicle, and any costs incurred by the Owner in connection with such loss or damage.
(l) Highway means (a) an area that is open to or used by the public and is developed for, or has as its main use, the driving or riding of motor vehicles or (b) a place that is a road by virtue of government or local authority order or declaration. The excluded areas include, but are not limited to, any area for off road driving (such as trails, tracks, tracks and fields), paddocks or fields used as car parks, (unless designed as an official car park), fire trails and any road or surface above the snowline.
(m) The Agreement comprises all documents issued to Renter at commencement and termination of rental bearing the rental agreement number shown overleaf, or on the document.
(n) Rate Card means time owners rate card in respect of the vehicle current at the time of renting.
(o) Person includes corporation.
2.1 The renter warrants that he/she is over the age of 25 years: holds a current driver’s license (lull and non-probationary) valid in the place of rental and for the class of vehicle rented.
2.2 The renter warrants that particulars overleaf are correct and acknowledges that the owner relies on the truth of these representations.
3.Subjects to Clause 7, the renter is entitled to use and hold the vehicle for the rental period and any authorized extension thereof and at the end of which period the renter agrees to return the vehicle as specified overleaf during the hours the owner is open for business.
4.1 The renter agrees to pay the owner on demand at the owners address as stated on the reverse (after due allowance for any pre, payments) all charges payable under this Agreement, including but not limited to:
(a) the rental charge for the Vehicle during the Rental Period (whether at flat rate charge or time and distance charge) the non-waiverable excess and any other fees or changes appearing overleaf calculated in accordance with the rates staled in the rate card current at the commencement of the Rental Period. Distance charges are measured 1mm the vehicle odometer.
(b) Fuel supplied for the vehicle by the owner.
(c) all taxes, charges , levies and tolls payable to any Authority (including but not limited to stamp duties incurred in relation to the Vehicle during the Rental Period) in respect of the use, the rental period, the rental and other charges of the Agreement. And
(d) Except where otherwise provided, the charge for returning the vehicle to the address stipulated in the Agreement including but not limited to towing charges and repossession charges.
In calculating the kilometer charge the kilometers driven shall be measured from the odometer in the vehicle. A charge based on 400 kilometers per day shall be levied should there be evidence that the odometer has been tampered with during the rental period.
4.2 The renter authorizes the owner to complete any documentation for the purposes of the renter making payment through a credit or charge card system or other credit accommodation extended to the renter and accepted by the owner. The renter authorizes the owner to charge all monies payable under the Rental Agreement to your credit card or charge account.
5.The renter agrees:
(a) That no person other than the renter is authorized to drive the vehicle without the owners written consent provided that if the renter is a company or government department the renters agent may drive the vehicle on the basis that the agent complies with the warranties listed in Clause 2.l and the obligations of the renter under the Agreement, the renter shall be liable to the owner for any breach or failure to comply with those warranties or obligations by the agent whether such breach is within the scope of the agents authority or employment or not.
(b) To report immediately to the owner and local Police any damage to the vehicle or any accident involving the vehicle, to complete forthwith after any such damage or accident (or as soon thereafter as is reasonable in the circumstances) the owners Accident Report Form and to comply with all requests of the owner to provide assistance in any litigation or investigation relating to such damage or accident.
(c) To drive the vehicle in a safe and cautions and prudent manner and to return the vehicle to the owner in a clean and roadworthy condition, fair wear and tear accepted.
(d) (b) not to use the vehicle for any illegal purpose, race, contest or in contravention of any law concerning the use of motor vehicles or when the vehicle is in any way damaged or unsafe.
(e) Not to drive the vehicle under the influence of an alcohol or drugs or have a blood alcohol content that exceeds the legal limit in the Province or territory in which the vehicle is driven.
(f) not to use the Vehicle for the conveyance of passengers for payment of any kind, nor use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(g) Not without the Owners prior written consent use the Vehicle to carry dangerous goods or other hazardous substances i.e. volatile liquids, gases, explosives, corrosive or inflammable materials, as classified by the relevant Code for the Transport of Dangerous Goods by Road or relevant National or Provincial Legislation;
(h) To use the vehicle on properly constructed roads only and not enter declared or known zones of fighting without owner’s permission.
(i) To pay any fines for offenses committed by the renter or its agent and to pay all charges imposed by any law or government body, and to reimburse the owner for any fines paid or legal costs incurred by the owner arising out of the renter’s possession of the vehicle.
(j) To reimburse the owner for any loss (including legal costs) incurred relating to a breach of the renters obligations and to indemnify the owner against any liability arising out of a breach of the renter’s obligation.
(k) To pay to the owner interest at the rate of 10.5% per centum per calendar month or part thereof on any amount due to the owner under the Agreement.
(l) To secure and lock all doors and windows of the Vehicle, set alarms and immobilizer if fitted, and remove the keys from the Vehicle when parking or leaving the Vehicle unattended at all times;
(m) That by taking the vehicle the renter acknowledges that it is good order and condition and is suitable for the purpose. Use or operation required by the renter and that there has been no reliance on advice or representations made by the owner.
6.1 In the event of damage to the vehicle of damage arising out of the renter’s use of the vehicle then (a) If the renter has not breached this Agreement he/she shall pay the excess to the owner. If the total amount of the damage of the vehicle and the damage the third party property arising out of its use is less than the excess then the owner shall refund the difference.
(b) If the renter has breached this Agreement he/she shall be liable to the owner for all damage to the vehicle and to third party property howsoever caused and whether intentional or not.
6.2 The renter’s right to claim is conditional upon the renter not being otherwise entitled to claim under another insurance policy.
6.3 In the event that damage is not covered or not fully covered the renter agrees to indemnify the owner against all claims by any party for damage suffered as a result of any incident involving the vehicle whether as a result of the owners negligence or howsoever caused, subject to the same provision as set out in Clause 8.1
6.4 The renter acknowledges that the owner shall not be bound by any representations as to the existence or extent of any insurance and that the provisions of this Agreement and the insurance referred to constitute the total agreement between the owner and the renter in relation to insurance.
6.5 Notwithstanding the above, where the vehicle is a passenger sedan, truck, van, minibus, or a recreation 4 wheel drivers shall remain liable for overhead damage, glass, water damage and underbody damage.
7.The owner may at any time for any reason retake possession of the vehicle.
8.1 The owner shall not be liable for any loss or damage suffered by the renter or any person arising out of the cost of obtaining a replacement vehicle.
8.2 The owner shall not be under any liability for any property stolen from the vehicle or damaged while in the vehicle or left in the vehicle after its return to the owner.
9.The renter acknowledges his/her interest in the vehicle is as a Bailee of the owner only and he agrees not to part with possession or dispose of or encumber or assign any right or interest in the vehicle and not to create any lien on the vehicle for repairs.
10.Where the renter is more than one person liability shall be joint and several.
11.A waiver by the owner of any breach of this Agreement shall not constitute a waiver of any subsequent or continuing breach.
12.Words importing gender shall include other genders and words importing number shall include both the singular arid the plural.