STANDARD TERMS AND CONDITIONS
1. 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 CCH to drive the vehicle.
1.2 “Auto Dealers Guide” means Mead and McGrouther’s publication containing, inter alia, recommended selling prices of motor vehicles;
1.3 "CCH" means CABS CAR HIRE (Pty) Ltd, registration number 2007/034796/07 a company duly authorised in accordance with the company laws of the Republic of South Africa;
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 “hirer” shall mean the client/hirer and/or chauffeur described on the reverse hereof;
1.6 “Rental Agreement” means the Rental Agreement reflected on the reverse hereof and incorporates these Standard Terms and Conditions, to both of which the hirer is bound;
1.7 "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, which vehicle/s shall be deemed to have been delivered by CCH to the hirer in good order and repair, and without any damage to bodywork, paintwork, upholstery and fittings upon completion and signature, by the hirer, of CCH's check list.
2. DELIVERY AND RETURN
2.1 The vehicle shall be collected from CCH's depot and returned to CCH's depot at the agreed time, unless otherwise arranged and confirmed in writing (in which event the provisions of clauses 5.5 and 5.6 shall be applicable), 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 CCH’s depot. In the event of the vehicle by prior arrangement, being returned to any place other than CCH’s depot, the hirer’s obligations only end once CCH has confirmed, in writing, receipt of the vehicle.
3. AUTHORISED DRIVERS
3.1 Hirers must at all times be in possession of a valid unendorsed drivers' licence which licence must have been valid for a minimum period of (2) two years. The minimum age of hirers shall be 23 years old and the maximum age shall be 70 years old unless CCH, 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 excess payable in terms of the insurance shall be double.
3.3 Should the hirer be over the age of 23 years and be in possession of an unendorsed drivers' licence which has been valid for less than (2) two years, the excess payable in terms of the insurance shall be double.
3.4 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 or a person referred to in clause 3.5.
3.5 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.
3.6 If the vehicle is driven by anyone other than the hirer, then without derogating from any rights or remedies which CCH may have, the hirer shall remain liable in all respects for all obligations in terms of this agreement.
4.1 Insurance cover is compulsory and unless the hirer provides written proof of his own insurance prior to the hirer taking possession of the vehicle, the vehicle shall be insured through CCH. A copy of CCH's insurance policy is available for inspection at the premises of CCH and the hirer hereby agrees that he is bound by the terms and conditions of said insurance policy, which forms part of this agreement.
4.2 In the event of the hirer providing his own insurance and in the event of any insurance claim being repudiated or not fully covering any damages or patrimonial loss suffered by CCH, then in that event the hirer hereby undertakes and agrees to be liable to CCH for any amount not paid by the insurers.
4.3 In the event of the hirer’s insurance company attending to any repairs to the motor vehicle, the hire period shall continue to run and shall only cease once the vehicle, duly repaired, has been returned to CCH’s depot, the hirer remaining fully liable for all hire costs in respect of such period.
4.4 Where the vehicle is insured through CCH, 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 CCH or the insurer.
4.5 An excess deposit is payable at the commencement of hire and shall be refundable on condition that the vehicle is returned to CCH in the same condition in which it was handed to the hirer.
4.6 The insurance provided by CCH does not cover any damage to or loss of rims and trims, tyres or windscreens, radio and all glass, nor 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 therefor.
4.7 CCH reserves to itself the right, in its sole discretion, to elect not to refer a claim to its insurance company but to hold the hirer and/or driver personally liable for any damages whatsoever arising out of a collision with an animal, whether domestic or wild, regardless of the circumstances giving rise to such collision.
4.8 In the event of the hirer being a foreigner and electing to make use of his own insurance cover and furnishing CCH 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 CCH endeavouring to assist in whatever way possible.
5. LIABILITY IN CASE OF LOSS, DAMAGE AND THEFT
5.1 The hirer shall be solely liable for loss or damage where:
5.1.1 The loss or damage or the event giving rise thereto was caused by the fault or negligence of the hirer or the driver (whether authorised or not) of the vehicle; and/or
5.1.2 The loss or damage or the event giving rise thereto occurred in a situation where no other vehicle or animal or object was involved.
5.2 The hirer shall be solely liable for theft or loss 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 immobilised and did not activate the burglar alarm (if any) when the vehicle was not in use.
5.3 The hirer shall be solely liable in the event of a breach of any of the provisions of clause 6.
5.4 In the event of loss or damage to any vehicle, the hirer will in addition to the above be solely liable for towing charges incurred.
5.5 Where the vehicle hired in terms of this agreement is, by prior arrangement, to be left at the termination of the Rental Agreement at any place other than CABS CAR HIRE premises/depots, the hirer shall be obliged to notify CABS CAR HIRE 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 CCH 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 CCH in repairing or replacing the vehicle in addition to any damages not covered by any insurance on the vehicle.
5.6 Any approval by CCH to any vehicle being left for collection by it at any other place than the CCH depot will be strictly on the basis that, should the vehicle be stolen or be collected 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.
5.7 All accidents occurring on gravel roads, any sandblasting damage caused by wind storms and any water damage are not covered by the insurance policy.
5.8 The hirer shall be solely liable for the cost of repair of any new damage to the vehicle, including but not limited to bodywork, paintwork, upholstery, fittings, rails and roof racks.
5.9 The replacement cost of the vehicle in the event of damage beyond repair or theft shall be that as specified in the most recently published Auto Dealers Guide.
6. 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 CCH 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 CCH 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 CCH, the standard claim form which he shall be responsible for obtaining from CCH;
6.1.5 he shall make adequate provisions for the safety and security of the vehicle;
6.1.6 he shall co-operate with CCH and its insurer in the investigation, the making or instituting of any claim, or action and the defence 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 and the hirer warrants that the driver will do so.
6.3 The hirer shall furnish to CCH (and if the hirer is not the driver, the hirer shall also ensure that the driver furnishes to CCH) 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 CCH's claim form as referred to herein 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 CCH.
7.1 CCH 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 CHH.
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;
8.1.2 in contravention of the law;
8.1.3 to tow or propel any other vehicle or trailer, without the prior written consent of CCH;
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 CCH 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.
8.3 In the event of any damage to or loss of the vehicle arising out of the negligence of the hirer and/or driver and/or arising out of a breach of any provisions contained in clause 8.1, the insurance cover in respect of the vehicle shall be void and of no further force or effect and the hirer and/or driver shall be personally liable for all or any damages and/or loss sustained, including, in the case of a breach of clause 8.1.6, the entire cost of recovering the vehicle.
9. RATES AND PAYMENT
9.1 The hirer shall pay CCH 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 CCH by drop off or collection as the case may be. Distance is calculated from the CCH depot and back to the CCH 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 CCH’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 occurred;
9.1.2 Fuel is not included in the rate. Each vehicle will leave CCH’s depot with a full tank of fuel and the hirer shall pay for the refuelling thereof on return of the vehicle to CCH’s depot;
9.1.3 A contract fee;
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 CCH against all or any claims which may be made against it arising therefrom and specifically authorises CCH to disclose any information lawfully required by a relevant authority for the processing of fines and/or penalties to the satisfaction of CCH;
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 an additional driver/drivers;
9.1.8 A surcharge in the case of young drivers;
9.1.9 One way fees;
9.10 Delivery and/or collection fees;
9.1.11 A charge for optional equipment such as baby seats, additional spare tyres, roof racks, rails etc.;
9.1.12 Valet fees, in the event of it being necessary for CCH to valet the motor vehicle;
9.1.13 Cross-border penalties;
9.1.14 Full damages and/or loss in the event of any insurance claim being repudiated;
9.1.15 Tow charges in the event of it being necessary for the vehicle to be towed for any reason whatsoever;
9.1.16 Locksmith charges and all costs associated with the replacement and/or re-programming of any keys;
9.1.17 The cost of replacing damaged tyres, fair wear and tear excepted.
9.2 CCH reserves the right to claim payment of rental and insurance and any other amounts due in terms hereof in advance and by a recognised credit card. The hirer’s signature on the Rental Agreement constitutes an authorisation by the hirer to CCH to debit his credit card accordingly. This authorisation 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.
9.3 Extension of the hire period beyond the originally agreed date of termination must be arranged by the hirer in writing by contacting CCH and must be prepaid. Failure to do so will mean that the vehicle is uninsured and, in the event of the vehicle or any part thereof being damaged or stolen, the hirer will then become 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 CCH. Where a dispute arises, the hirer shall bear the onus of proving a valid and authorised extension.
10. SPEEDOMETERS AND VEHICLE MANAGEMENT SYSTEMS
10.1 All speedometers are sealed and if, at any stage, they are found to have been tampered with, the hirer hereby agrees to a minimum charge of 450 kilometers per day charged in addition to the original kilometers driven. All discounted or special rates of whatsoever nature will become null and void.
10.2 The hirer acknowledges that the vehicle may be fitted with a device referred to as a vehicle management system which is used to record, inter alia, speed, braking, kilometers traveled and other information relating to the hired vehicle. CCH shall be entitled and the hirer herein specifically consents to such information being used as CCH in its sole discretion deems 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 CCH, the vehicle is being driven or used in a manner which is likely to be prejudicial to CCH or any person, it shall be entitled to forthwith terminate the 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 the current bankers’ prime lending rate or the prescribed legal rate, whichever is the higher, calculated from the date of payment to date of payment in full.
Subject to clause 18 below, 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 CCH and which are not contained herein, shall be operative against CCH unless reduced to writing and signed by a duly authorised representative of CHH.
No indulgence shown by CCH or relaxation by it of any of the terms hereof shall in any way prejudice its rights in terms hereof, nor shall such indulgence or relaxation be construed as a novation of the terms of this Agreement.
The parties hereto agree that in any legal proceedings arising out of or in connection with this agreement, the Magistrate's Court having jurisdiction over the person of the Defendant, in terms of Section 18 of the Magistrates' Courts Act, shall have jurisdiction in respect of such legal proceedings notwithstanding that the amount claimed in such proceedings shall exceed the normal jurisdiction of the Magistrate's Court. For the purpose of such proceedings, the hirer hereby chooses as domicilium citandi et executandi the address set out on the front of this agreement, in the box titled “Local Address”.
In the event of CCH instituting legal proceedings in respect of the recovery of any outstanding amount or where it becomes necessary for CCH 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 attorney/own client fees, collection commission and tracing agents fees.
17.1 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, errori calculi and no value received. The liability of the signatory, hirer and/or driver shall be joint and several.
17.2 In the event of the signatory hereto acting as an agent for the hirer, by his signature hereto, the signatory accepts personal responsibility for the hirer's obligations, notwithstanding anything to the contrary contained herein. The hirer and the signatory’s liability in this instance shall be joint and several.
17.3 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 CCH arising out of this agreement.
18. COMPLETION OF DOCUMENTATION
18.1 The hirer or its duly authorised representative shall complete CCH’s documentation, including but not limited to the Rental Agreement, in all respects and in the event of any information being omitted or being unknown or unavailable at the time of signature, the hirer hereby authorises CCH to insert such particulars after signature, notwithstanding that the hirer may not be present at the time.
18.2 No amendments or deletions may be made on or to, nor additional terms inserted in, any of CCH’s documentation, including but not limited to the Rental Agreement and these terms and conditions without CCH’s express written approval. In the event of any changes whatsoever being made to CCH’s documentation by the hirer or the driver without such consent first being had and obtained, same will be disregarded, the hirer being deemed to hire the vehicle from CCH on the terms and conditions as set out herein, which terms and conditions shall remain binding on the hirer notwithstanding the unauthorised amendments.
19. OTHER AGREEMENTS
In the event of CCH 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 CCH’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.
20. VERY IMPORTANT: PERSONAL LIABILITY
The following are circumstances, which will render the hirer and/or the driver personally liable for all or any damages of whatsoever nature:
20.1 Not reporting any damage to or the theft of the motor vehicle to CCH and the South African Police services immediately and accurately;
20.2 Not completing a damage report accurately;
20.3 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;
20.4 Allowing an unauthorised driver to drive the rental vehicle;
20.5 Not adhering to all local traffic rules and regulations;
20.6 Not driving on the left hand side of the road;
20.7 Driving under the influence of alcohol or drugs;
20.8 Criminal or gross negligence on the hirer/driver’s part;
20.9 Any accident in which no other vehicle is involved;
20.10 Towing or repairing or having the vehicle towed or repaired without CCH’s consent;
20.11 Crossing national borders without CCH's written consent;
20.12 Failing to return the vehicle as agreed;
20.13 Driving on a surface or in conditions, which would damage the vehicle;
20.14 AT CCH’s election and in its sole discretion, colliding with any animal or taking any action to avoid a collision with an animal.