car and 4x4 rental south africa
Car Rental South AfricaCurrent Car Hire Terms and Conditions - Please Read before renting

Please note: Ensure that you read your terms and conditions thoroughly when signing your contract as they may vary according to suppliers. Below are just general guidelines. We have taken every precaution to ensure that the terms and conditions are current for all our suppliers..


In this agreement unless the context indicates otherwise:

1.1 “Auto Dealers Guide”: Mead and McGrouther’s publication containing, inter alia, recommended selling prices of vehicle;

1.2 “Additional driver" : such person who, in addition to the driver, is duly authorized by the Company to drive the vehicle as reflected on the rental agreement;

1.3 "Claims Administration Fee" : an administration fee charged in all instances where a claim needs to be processed in respect of damage, loss of or theft of the vehicle and is charged

per individual incident/claim;

1.5 "Contract Fee" : a once-off charge per rental to cater for, inter alia, the cost of processing and storage of documents;

1.6 "Damages" (in relation to the vehicle) is the actual expenditure in towing, transporting and storing the vehicle, repairing any damage (including tyre, hubcap and rim damage),

replacing parts or accessories, remunerating an expert to inspect collision damage and report thereon (an invoice, job card or quotation produced by the Company to be prima facie

proof of any such expenditure) or any other charges incurred related to an incident of whatsoever nature and includes a total loss when applicable. These costs are not included in the

excess payable. See Clause 12;

1.7 "Day" : a period of 24 hours (or any part thereof), calculated from the time out as reflected on the face of the rental agreement;

1.8 "Driver" : such person who is duly authorized by the Company to drive the vehicle as reflected on the face of the rental agreement;

1.9 "Extended period": any extension of the rental period authorised by the Company, which extension must be made in writing;

1.10 "The official rates brochure": the Company's current official brochure on rental rates and fees and other general information issued from time to time;

1.11 "The rental period" : the period between the date and time out and the termination date and time as specified in the rental agreement or if such period is extended, the time and date

entered on the Company's records;

1.12 "The Renter": all of the persons, natural or juristic, jointly and severally, whose names appear on the rental agreement hereof, including the additional driver;

1.13 "The Vehicle": the vehicle described on the rental agreement including all keys, tyres, tools, equipment, accessories and documents in and on the vehicle when the Renter takes

delivery thereof, including replacement vehicles;

1.14 "Traffic Fine Administration Fee": an amount levied to administer any traffic fine incurred by the Renter whilst renting the vehicle;

1.15 "Total loss" (in relation to a vehicle): - Damages where the estimated costs of repairs is such that the vehicle is, in the sole and absolute discretion of the Company uneconomical to

repair in relation to the value and condition of the vehicle for the time being; or when the vehicle is stolen and/or lost. The amount of the total loss will be the retail value as reflected in

the Auto Dealers Guide or if not reflected therein, the manufacturer's recommended retail price of a new vehicle, as supplied by the manufacturer, as at the date of loss, less any


1.16 “Vehicle check sheet”: a signed check sheet evidencing the condition of the vehicle on delivery and return to the Company;


1.18 The singular shall include the plural and vice versa, pronouns of any gender shall include those of the other gender and natural persons shall include legal and juristic persons and vice


1.19 This agreement contains all the express provisions agreed upon. Any variation/s including any extension to the rental period must be agreed to in writing and signed by both the

Renter and the Company. If this agreement is not validly extended, the waiver in terms of clause 12 and 13 will immediately lapse on expiry of this agreement.

1.20 No amendments and/or deletions made to the provisions of this agreement will be of any effect unless signed by the Renter and the Company or their duly authorised representatives,

and the clauses subjected to such amendments and/or deletions will retain their full meaning and import as if no amendments/deletions had been made.


The Company rents to the Renter, who hires the vehicle subject to the terms and conditions as set out herein. The Renter will be bound by these terms and conditions, whether he was

driving or not.


3.1 Delivery of the vehicle takes place, and risk passes to the Renter at the time that the Renter and/or driver or his representative takes possession of the keys and /or vehicle;

3.2 The vehicle shall be deemed to have been delivered in a roadworthy condition and in good order and repair and without any damage to inter alia the paintwork, upholstery and

accessories (unless such damage is recorded in writing and signed by both parties). Any damage not so recorded will be for the account of the Renter.

3.3 The Company will deliver the vehicle with a full tank of fuel and on return of the vehicle it will be refilled at the expense of the Renter.


4.1 The vehicle may be utilised for the rental period or any extended period, which must be extended in writing;

4.2 The Renter and/or driver agrees that any extension so noted on the Company's records would correctly reflect such extended period;

4.3 The vehicle may only be driven by the Renter, the driver or the additional driver;

4.4 During the rental period, the vehicle may not be used:- for the conveyance of passengers and/or goods for reward; to propel or tow any other vehicle, (including any caravan or trailer)

unless authorised by the Company in writing; to transport goods in violation of any customs laws or in any other illegal manner; in any motor sport or similar high risk activity; beyond

the borders of the Republic of South Africa, unless authorised by the Company in writing; or in any area where there is a risk of incidents of civil unrest, political disturbance or riot or

any activity associated with any of the aforegoing. The Company reserves the right, in its sole discretion, to refuse any cross-border rentals;

4.5 The Renter and/or driver shall be responsible for all damages to the vehicle as a result of accidents where no other vehicle/animal or object was involved;

4.6 The Renter and/or driver shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the generality of the aforegoing, he shall keep

the vehicle properly locked and secured and immobilised and the burglar alarm (if any) activated and any anti-theft device in the vehicle properly secured and in place when the

vehicle is not in use;

4.7 The Renter and/or driver will make sure that the keys of the vehicle are under the Renter and/or driver's control at all times;

4.8 The Company will at all times remain the owner of the vehicle;

4.9 The Renter shall at his own expense maintain radiator and oil reservoir with sufficient quantities of water and oil respectively;

4.10 In the event of the Renter travelling in excess of fifteen thousand kilometres on petrol engine vehicles and five thousand kilometres on diesel engine vehicles during the rental period,

the Renter shall ensure that the vehicle receives the required lubrication maintenance.


5.1 The Renter and/or driver shall return the vehicle, at the Renter's expense to an authorised representative of the Company at the agreed time and location;

5.2 The Renter and/or driver acknowledges that failure to return the vehicle in terms of this agreement shall constitute illegal possession by him, and the Company may repossess the

vehicle wherever same may be found and from whomsoever is in possession thereof. Any costs involved in recovering the vehicle will be for the account of the Renter;

5.3 Should the vehicle not be returned as indicated in 5.1 above, any waiver option in terms hereof will become null and void, and the vehicle may be reported as stolen to the relevant


5.4 The vehicle shall be returned undamaged, with all parts and fittings, in good order and in roadworthy condition, fair wear and tear excepted;

5.5 Upon returning the vehicle to Company, the Renter and/or driver shall:

5.5.1 ensure that the vehicle is properly locked and secure; and

5.5.2 hand the keys to an authorised representative of the Company and complete and sign a check sheet, or drop the keys in a drop safe provided by the company, in the event that

the offices are not open for business;

5.6 The sole risk of loss or damage to the vehicle will remain vested in the Renter until such time as the Company has recorded the return of the vehicle;

5.7 The Renter shall be responsible for all and any costs which may be incurred by the Company in so recovering and/or repossessing the vehicle.


Notwithstanding anything to the contrary contained in this agreement, the Company shall be entitled to terminate this agreement without any explanation at any time by notice (oral or

in writing depending on the situation) to the Renter and/or driver, whereupon the renter shall return the vehicle to the company forthwith. In the event of failure to return the vehicle to

the company, the company shall be entitled at any time to retake possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Renter

and/or driver and the rights of the Company under this agreement shall continue in full force and effect until the vehicle has been returned to the Company in terms of this agreement

and the Renter and/or driver has complied with all his obligations.


7.1 The Renter and/or driver warrants that the details filled in on the rental agreement are true and correct and that he is duly authorised to enter into this agreement, and that all the

particulars given to the Company are true and correct;

7.2 The vehicle may not be driven by any person other than the Renter, the Driver or additional Driver;

7.3 Notwithstanding anything else to the contrary in clause 7.1 above, the vehicle may not be driven by any person under the age of 21, and/or who has not been in possession of a valid

drivers licence for 3 years unless otherwise agreed to in writing by the Company in its sole and absolute discretion;

7.4 The Renter and/or driver warrants that at all times the vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or

regulation or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance and that every driver of the vehicle will have a valid licence to drive the vehicle, will

comply with all applicable laws and will comply in all respects with the provisions of this agreement;

7.5 If the vehicle is driven by anyone other than the Renter and/or driver, then, without derogating from any rights or remedies which the Company may have, the Renter and/or driver shall

remain liable for all his obligations in terms of this agreement and in particular, he shall be liable to the Company as if he had been driving the vehicle.


8.1 The Renter agrees to pay the Company the rental rates plus all other charges and fees opted for or utilised by the Renter as contemplated on the rental agreement until the vehicle is

returned, including but not limited to miscellaneous charges, valet fees, airport surcharges, tourism levy, claims administration fee, contract fee, traffic fine administration

fee, one way drop off fee, over border charges, delivery fee, collection fee, standard and executive damage and theft loss waiver, fuel, additional driver(s) fee, towing and Roadside

Assistance charges;

8.2 Rental rates charges and fees will be calculated for the whole of the rental period at the rates and on the basis set out in the official rates brochure;

8.3 In determining the rental charges, the distance travelled by the vehicle (where required) shall be determined from the vehicle's odometer. If this is not possible for any reason, the

Company in its sole discretion, may establish same on any other fair and reasonable basis and the Renter shall be obliged to furnish all such information and assistance as the

Company may reasonably require for that purpose. If the odometer has been tampered with, then the kilometres travelled will be deemed to be 500 kilometres per day. Odometer

readings will be taken from depot to depot;

8.4 The Renter shall also be liable for all fines, penalties and like expenses including but not limited to traffic and other offences, arising out of the use of the vehicle during the rental period

and the Renter accordingly indemnifies the Company against all such liability;

8.5 Notwithstanding anything to the contrary contained in this agreement the Company will levy a young driver surcharge reflected on the Rental Agreement where the driver is less than

21 years of age. The young driver surcharge is subject to change without notification.


9.1 All payments are due on demand, but at the latest on expiry of the rental period (unless otherwise agreed in writing). All charges payable by the Renter shall be paid by credit card or in

cash on termination of the rental period unless the Renter has a valid account with the Company and/or the Company requires all or any of the charges to be paid within 30 days or


9.2 The Renter will not be allowed to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever;

9.3 If the Company has agreed to accept payment from the Renter by credit card, the Renter's signature on this agreement will constitute authority for the Company to obtain authorization

and/or payment. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to the Company (including but not limited to any damages or

loss suffered by the Company, claim handling fee, late return fee and extension fees);



"Waiver" : a reduction of the liability of the Renter in the event of an accident / theft / loss of the vehicle;









Signature of a Director, Member, Sole Proprietor,

Trustee or a person duly authorised by resolution

9.4 The Renter remains liable for payments of all amounts due until the Company is paid in full by the issuer of the card;

9.5 In the event that the Renter and/or driver returns the vehicle to the Company prior to the due date, the Renter shall pay, at the discretion of the Company, either the usual rates and

charges applicable to the period and/or kilometres actually used, or the rates and charges as if the full rental period and/or kilometres occurred;

9.6 In the event of an accident and/or if the vehicle is stolen and/or lost, the amount of the damages or the total loss as suffered by the Company is payable on demand;

9.7 A certificate of any director, manager or accountant of the Company as to any amount owed by the Renter to the Company shall constitute prima facie proof of the amount.

11.1 The Renter may not decline the waivers offered by the Company unless he signs the Company's “Self Insurance Agreement”;

11.2 In the event the Renter and/or driver does not opt for any of the waivers offered by the Company, the Renter will be liable, in addition to any other amount provided for in the rental

agreement, for damages suffered by the Company in consequence of it not being able to rent the vehicle, which damages will be calculated on the basis of the contracted daily rate

on the rental agreement or on the official rates brochure plus 100 km per day for the period that the vehicle was inoperative.


The acceptance of Standard, Super or Executive Damage and Theft Loss Waivers reduce the Renters' liability to the extent of the excess reflected on the rental agreement and/or on

the official rates brochure in force at the time of rental but the Renter/driver remains liable for extra charges such as claim handling fees, towing charges, Roadside Assistance

charges and damages caused by negligence.


13.1 If the Renter accepts the purchase of personal accident benefit as indicated on the rental agreement, his acceptance shall constitute acceptance by him of the personal accident cover

policy and other accompanying arrangements, if any, procured by the Company for his benefit but subject to all the terms and conditions of that policy and the other accompanying

arrangements, if any. The Renter acknowledges that the Company itself shall not under any circumstances have any liability to him under or for any of the benefits under that policy or

the accompanying arrangements, if any;

13.2 Such personal accident benefit will cover injuries sustained by the driver and the passengers in the vehicle (not to property or occupants of the other vehicle), but will only cover the

total aggregate cost of injuries to the driver and passengers to a maximum of R20 000,00 for any one accident, being the Company's maximum liability in terms of such cover.


14.1 If at any time the vehicle is damaged, stolen or lost, the Renter and/or driver shall take every reasonable precaution to safeguard the interest of the Company including but without

being limited to, the following where appropriate, he shall:

14.1.1 notify the Company immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence in question complete and furnish to

the Company, the Company's standard claim form together with a copy of his drivers license;

14.1.2 obtain the name(s) and addresses of everyone involved and of possible witnesses and license and registration numbers and make and model of the other cars involved;

14.1.3 not admit any responsibility or liability nor release any party from any liability or potential liability, not settle any claim or potential claim against or by any party, not accept any

disclaimer of liability;

14.1.4 notify the police within twenty-four hours of the occurrence in question and furnish the Company with an accident report number and the details of the relevant police station;

14.1.5 make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances;

14.1.6 co-operate with the Company in the investigation, the making or instituting of any claim or action and the defence of any prosecution or claim action relating to

the incident (including the making of an affidavit if he is requested to do so);

14.2 If the Renter is not the driver, then, without in any way derogating from the Renter's obligations in terms of clause 14, the Renter shall ensure that the driver complies with the

provisions of 14.1 and the Renter warrants that the driver will do so;

14.3 The Renter shall within 24 hours of receipt thereof furnish to the Company (and if the Renter is not the driver, the Renter shall also ensure that the driver does) any notice of claim,

demand, summons or the like which the Renter or the driver may receive in connection with the vehicle;

14.4 The Renter and/or driver warrant that the information completed in the Company's claim form as referred to in clause 14.1.1 will be complete, true and correct in every respect;

14.5 The Renter shall not be entitled to carry out or authorise repairs or modifications to the vehicle. In the event of the Company having to effect repairs as a result of any action taken by

the Renter, such repairs will be for the account of the Renter;

14.6 Failure and/or refusal to adhere to the conditions as set out in clause 14.1 - 14.5, will render the Renter and/or driver liable for any damages suffered by the Company.


15.1 Neither the Company nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including any loss or damage to property left or transported

in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect,

consequential or otherwise arising from the rental by the Renter of the vehicle, including, without limitation, any defect in and/ or mechanical failure of the vehicle (howsoever arising

and of whatever nature) or the failure of the Company to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or

delict (including negligence or gross negligence) or otherwise, which may be suffered by the Renter and/or any third party and/or passenger;

15.2 The Company, its directors, officers, employees, servants or agents are accordingly indemnified by the Renter or his estate against any claim of any nature whatsoever and

howsoever arising for any damages or loss which might be instituted against it arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and



16.1 This agreement contains the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations,

warranties, promises or the like not recorded by the Company;

16.2 If any provision of this agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the

provisions hereof;

16.3 No extension, lat


adventure travel africa
 806 Unit 2, Mogwase, Pilanesberg 078 618 8675
PO Box 250 Sun City, 0316 - Updated  Dec 2008