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WHEN RENTING A VEHICLE, PLEASE PROVIDE:
ID Document
Driver's Licence
Proof of Residence

STANDARD TERMS AND CONDITIONS OF RENT:
1. INTERPRETATION
1.1 In this agreement unless the context indicates otherwise:
1.1.1 “Additional Driver” refers to such other person/s who are duly authorised (and nominated by the renter before the vehicle is rented) to drive the rented vehicle and whose name(s) appears in the contract as an additional driver;
1.1.2 “Caltan” means RENT A WRECK in South Africa;
1.1.3 “Auto Dealers Guide” means: Mead & McGrouthers (M&M’s) publication containing, inter alia, recommended selling price of motor vehicles.
1.1.4 “Box” shall be a reference to a box in the contract;
1.1.5 “Claims Admission Fee” means: an administration fee charged in all cases where a vehicle is returned to RENT A WRECK with any damages whatsoever, in order to process an d administrate said damages;
1.1.6 “Contract Fee” means: a once-off charge per rental to cater for inter alia storage fees for original document;
1.1.7 “Damages” (in relation to the vehicle) includes the actual expenditure in towing, transport and storing the vehicle, repairing and damage (including tyre and rim damage), replacing parts or accessories (without allowing depreciation), renumerating an expert to inspect collision damage and report thereon, and reimbursing such expert (an invoice or quotation produced by RENT A WRECK to be prima facie proof of any expenditure);
1.1.8 “Extended Period” means any period extending beyond the date in the contract for which the vehicle is not returned to RENT A WRECK for whatever reason;
1.1.9 1.1.9 “Territorial Limit” means: the Republic of South Africa
1.1.10 1.1.10 “The Official Rates Brochure” means: official brochure on rental rates and other general information issued by RENT A WRECK from time to time and which is current at the commencement of the rental period;
1.1.11 The Rental Period” means: the period from the time/date the vehicle is delivered to the renter as indicated in the contract at the renting location until its return by renter to a RENT A WRECK employee, alternatively when the keys are deposited in a marked “drop box” when the car is returned after normal business hours;
1.1.12 “The Renter” means: all the persons, jointly and severally, whose names and/or RENT A WRECK’s account number are reflected in the contract;
1.1.13 ‘The Renting Location’ means: The RENT A WRECK location from which the vehicle is rented from the renter;
1.1.14 “the Contract” means the renting schedule (to which these terms and conditions are annexed) issued by RENT A WRECK to the renter and signed by the renter in respect of the vehicle rented by RENT A WRECK to the renter and which will have the effect of a legal binding contract between parties, and is deemed to be read with these standard terms and conditions
1.1.15 “The Vehicle” means: the vehicles described in the contract (including all tyres, tools, equipment , accessories and documents in and on the vehicle when the renter takes delivery of the vehicle at the renting location) and includes any replacement for the vehicle has been officially authorised by RENT A WRECK, whether or not such replacement was authorised or approved by the renter.
1.1.16 “Traffic Fine Administration Fee” means: an amount levied (included in the contract) to administer all traffic fine(s) received by the renter while renting the vehicle;
1.1.17 “Total Loss” means: (in relation to a vehicle) means either -a) damage such that the estimated cost of repairs is in the opinion of RENT A WRECK uneconomical in relation to the value of the vehicle and condition of the vehicle and condition of the vehicle for the time being; or b) damage which has been declared to be a total loss by RENT A WRECK or any expert nominated by it or c0 theft/total loss of the vehicle;
1.2 The singular shall include the plural and vice versa, the masculine gender shall include the feminine gender and vice versa and the natural person shall include the legal and juristic person and vice versa.
2. RENTAL CHARGES
2.1 The rental charges payable by the renter for the use of the vehicle shall:
2.1.1 Be a rental calculated for the whole of the rental period at the rates and on the basis specified in the contract read with the official rates brochure.
2.2.2 Be all other charges for the services or benefits opted for or utilised by the renter for the rental period as contemplated in the contract, including, but not limited to, the charges referred to in the contract (miscellaneous charges / airport surcharges / tourism levies / accident admin fee / contract fee / traffic fine fee). (One way rental), (delivery fee), (collection fee), (collision damage waiver), (theft loss waiver), (personal accident insurance), (refuelling charge where vehicle is returned with less fuel than when rented, unless the fuel sold out option (FSO) was purchased, each of which shall, subject to 2.3 be calculated at the and /or on the basis specified in the box applicable to it);
2.1.3 Include all taxes levied on any amounts payable by the renter:
2.2 In determining the rental charges, the distance travelled by the vehicle (where required) shall be determined from the vehicle odometer, or if it is not possible for any reason, by any other fair and reasonable basis and the renter shall be obliged to furnish all such information and assistance as RENT A WRECK may reasonably require for that purpose.
2.3 If during the rental period, the renter receives any service or benefit contemplated in the contract, but for which no basis for charging is specified, then the renter shall pay a charge determined on the basis specified on RENT A WRECK standard rates applicable at the time in respect of the particular service or benefit.
2.4 The renter shall also be liable for all fine, penalties and like expenses (including all attorney and client costs incurred by RENT A WRECK to its attorneys in addressing expenses) including but not limited to parking, traffic and other offences, arising or concerning the use of the vehicle during the rental period and the renter accordingly indemnifies RENT A WRECK against all such liability;
2.5 All charges payable by the renter shall be payable in cash or by means of credit card on the termination of the rental period unless RENT A WRECK requires all or any of the charges to be prepaid in advance as specified in the contract.
2.6 If any amount is unpaid on the due date, RENT A WRECK may without prejudice to any rights it may have, charge interest on the overdue amount at a rate equal to the highest of the “annual finances charge rates” then permitted for “leasing transactions” in terms of the usury act 1968 as amended.
2.7 A certificate of any Director Managing or Accountant of RENT A WRECKs to any amount owing by the renter to RENT A WRECKs shall constitute prima facie to proof of that amount,
2.8 If RENT A WRECKs has agreed to accept payment from the renter by credit card specified on the contract, the renter’s signature of this agreement in the contract shall constitute authority for the issuer of the card to debit him with the total amount due (including but not limited to any damage amount due).
3. RENTING
  RENT A WRECKs rents to the renter, who hires the vehicle subject to the standard terms and conditions applicable at the time of the rental.
4. DELIVERY AND RETURN
4.1 The renter shall take delivery of the vehicle at any respective renting location. The vehicle shall be deemed to have been delivered in good order and repair and without any damage to the paintwork, upholstery and fittings. Any damage not reflected in the contract and initialled by both parties will be deemed new damage. The said damage will be for the account of the renter as per the rental terms and conditions.
4.2 The renter shall, at the renters cost, return the vehicle to RENT A WRECK at the agreed return date/time specified on the contract, or if this agreement is terminated at any time before then for any reason, then immediately after such termination.
4.3 The vehicle shall be returned to RENT A WRECK in the same city or town as the renting location.
4.4 4.4 Without derogating from anything in this agreement, on expiry or termination of this agreement for any reason, RENT A WRECK shall be entitled to take possession of the vehicle wherever it may be located and from whomever it may be in possession (any costs incurred by RENT A WRECK to retrieve the vehicle shall be for the account of the renter).
5. THE DRIVER
  During the rental period
5.1 5.1 The vehicle may not be used for the conveyance, (whether of passengers or goods), (excluding vehicles rented for the purpose of conveying goods in the ordinary course of business. Provided that the goods conveyed does not exceed the maximum tonnage permitted in respect of that particular vehicle) for reward, to transport goods in violation of any customs laws in any other illegal manner, in any motor sport or similar high risk activity; beyond the borders of the territory unless authorised by RENT A WRECK in writing; or in area in the territory where there is or may be a risk of incidents of civil unrest; political disturbance or riot or any activity associated with any of the foregoing.
5.2 The renter shall make adequate provision for the safety and security of the vehicle and: in particular; but without limiting the generality of the foregoing, he shall keep the vehicle properly locked and secured and immobilized and the burglar alarm (if any) activated and any anti-theft device supplied by RENT A WRECK properly secured and in place when the vehicle is not in use.
5.3 The renter will make sure that the keys of the vehicle are under the renters/additional drivers control at all times.
6. THE DRIVER
6.1 6.1 During the rental period the vehicle may not be driven by any person than the renter himself, except where subject to any limitation or qualifications set out in the official rates brochure, such other
person is listed and disclosed as additional driver in the contract.
6.2 Not withstanding anything else to the contrary in clause 6.1 above, the vehicle may not be driven by any person under the age of 23 years or, where the renter is any person under the age of 21 years.
6.3

The renter warrants that in any event 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 provisions of this agreement.

6.4 6.4 If the vehicle is driven by anyone other than the renter, then, without derogating from any rights or remedies which Caltan may have-
6.4.1 The renter shall remain liable for all his obligations in terms of this agreement and in particular, he shall be liable to RENT A WRECK as if he had been the driver; and
6.4.2 Where a person referred to in 6.2 the renter shall not be entitled to exercise in terms of this agreement does not drive the vehicle.
7. LIABILITY FOR COLLISION DAMAGE WAIVER (CDW), THEFT LOSS (TLW ) AND PERSONAL ACCIDENT INSURANCE (PAI)
7.1 The vehicle shall be at the sole risk of the renter period.
7.2 The renter shall be liable for any loss of or damage to the vehicle and any other expenses incurred in recovering the vehicle during the rental period, however the loss or damage is caused and whether or not it is attributable to his fault or negligence, )including but not limited to hail damage) provided that if none of the situations or circumstances set out in 8.3 are applicable, the renter’s liability in respect of each incident giving rise to such loss or damage, as the cause may be limited as follows.
7.2.1 If he will have declined collision damage waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract, if no such amount is so specified, to the amount specified in the official rates brochure;
7.2.2 If he will have accepted collision damage waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract, if no such amount is so specified, to the amount specified in the official rates brochure and will be reduced further to the extent, if any specified in the official rates brochure.
7.2.3 If he will have declined theft loss waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract, if no such amount is so specified, to the amount specified in the official rates brochure;
7.2.4 If he will have accepted theft loss waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract, if no such amount is so specified, to the amount specified in the official rates brochure and will be reduced further to the extent, if any specified in the official rates brochure.
7.2.5 If the damage or loss incurs or the expenses in question are incurred in a country or territory outside of the Republic of South Africa, then, notwithstanding the provisions of 7.2.1 to above, his liability will be limited to the relevant amount or percentage specified in the official rates brochure from RENT A WRECK location in the country or territory in question.
7.3 The renter’s liability will not be limited as set out in 7.2.1 to 7.2.4 if -
7.3.1 The loss or damage or the event giving rise there to was caused by the fault or negligence of the renter or the driver (wether authorised or not) of the vehicle; or
7.3.2 The loss or damage or the event giving rise there occurred in a situation were no other vehicle or animal or object or person (in or on the road surface) was involved (i.e physical contact was made with any of the above mentioned), unless the renter is able to prove that the loss or damage or object giving rise to was not caused by the fault or negligence of the driver (wether authorised or not) of the vehicle; or
7.3.3 At the time of the occurrence of the loss or damage or the event giving rise thereto
7.3.3.1 The vehicle was being driven on a road that was not tarred, or generally which condition was not suitable for the intended manufacture of the vehicle; or
7.3.3.2 The vehicle was being used for a purpose not prohibited in terms of 5.1 or was being driven in contrary to any other provision of 5.1 or;
7.3.3.3 The vehicle was being driven by a person not authorised to do so in terms of 6.1 to 6.3, or
7.3.4 In case of theft or loss of or from the vehicle, the renter was in breach of this agreement, or
7.3.5 Without derogating from any of the foregoing, the renter was in material breach or was committing a material breach of this agreement: or
7.3.6 After the occurrence of the loss or damage or the event giving rise thereto, the renter breaches any of the provisions of 9.
7.3.7 The loss or damage or the event giving rise thereto was occurred by any person whom so ever during the loading of goods into and/or from the vehicle, whether allowed in terms of this agreement or not.
7.4 Accordingly where 7.3 is applicable, the renter shall pay RENT A WRECK the cost of the repairs to the vehicle or, if the vehicle or any part of it has been stolen or damaged beyond economic repair, the fair market value thereof, being the damage occurred as determined by the M&M Auto Dealers Guide.
7.5 If the renter accepts the purchase of personal accident insurance as indicated in the contract, his acceptance shall institute an acceptance by him of the benefits of the personal accident accompanying arrangements, if any produced by RENT A WRECK for his benefit but subject to all the terms and conditions of that policy and the other accompanying arrangements, if any, and the renter acknowledges that RENT A WRECK itself shall not under any circumstances have any liability to him under or for the benefits under the policy or the accompanying arrangements, if any. Details of the policy and a separate explanatory brochure (and details of the other accompanying arrangements, if any) are available for inspection by the renter at RENT A WRECK’s head
office and the renter shall in any event be deemed to be aware of all the terms and conditions of the policy and the other arrangements, if any
7.6 Not withstanding anything in this agreement, RENT A WRECK shall not be obliged to make, institute or proceed with any claim which RENT A WRECK may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the vehicle and, accordingly, RENT A WRECK shall be entitled, in its reasonable discretion, to abandon such claim or to settle ssuch claim on any terms.
8. RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
8.1 If during the rental period the vehicle is involved in any accident or collision or is lost or the vehicle or any part of it is stolen the renter shall take reasonable precautions to safeguard the interests of RENT A WRECK including but without being limited to, the following where appropriate:
8.1.1 He shall notify RENT A WRECK immediately or within 3 hours of the occurrence;
8.1.2 He shall obtain the name(s) and addresses of everyone involved and of possible witnesses;
8.1.3 He shall not admit any responsibility or liability nor release any party from any liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of
liability;
8.1.4 He shall notify the police within twenty four hours of the occurrence in question;
8.1.5 Within twenty four hours of the occurrence in question, he shall complete and furnish to RENT A WRECK, RENT A WRECKs standard claim form that is printed on the reverse side of the schedule, alternatively a copy thereof obtained from RENT A WRECKs
8.1.6 Within twenty four hours of an accident to or theft or loss of or from the vehicle, he shall submit a copy of his drivers licence to RENT A WRECK
8.1.7 He shall make adequate provision for safety and security of the vehicle.
8.1.8 He shall co-operate with RENT A WRECK 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 incident (including the making of an affidavit if he is requested to do so)
8.2 If the renter is not the driver, then without in any way derogating from the renters obligations in terms of clause 8, the renter shall procure that complies with the provision of 8.1 and the renter warrants that the driver will do so.
8.3 The renter shall within twenty four hours of the receipt there of furnish to RENT A WRECK (and if the renter is not the driver, the renter shall also procure that the driver within twenty four hours of receipt thereof furnishes to RENT A WRECK any notice of claim, demand, summons or the like which the renter or driver may receive in connection with the vehicle.
8.4 The renter warrants that the information completed in RENT A WRECKs claim form as referred to in 8.1.5 will be completed, true and correct in every respect.
9 BREACH
9.1 Breach of contract occurs, but is not limited to, when;
9.1.1 The vehicle is not returned by the renter as specified in clause 1.1.12 or
9.1.2 The vehicle is driven by a person not listed as the additional driver as specified in clause 6.1 or
9.1.3 The loss or damage or the event giving rise thereto occurred in a situation where;
9.1.3.1 Know other vehicle, animal, object or person was involved as set out in 7.3.2 or
9.1.3.2 The vehicle was being used on a road that was not tarred or which the condition was not suitable for the intended manufacture of the vehicle or
9.1.3.3 The vehicle was being used for a purpose not prohibited as specified in clause 7.3.3 hereof or
9.1.3.4 The vehicle (at the time of the collision was driven by any person whose blood alcohol concentration exceeded the limit prohibited by any applicable law or regulation or whilst under the influence of intoxicating liquor or of a narcotic drug or
9.1.3.5 The renter breaches any material terms or conditions of this agreement.
9.2 In amplification of 9.1 where such breach occurs, and if the vehicle is damaged or stolen, the renter shall become liable for the total repair costs or replacement costs as applicable. For the purposes of calculating such loss reference shall be made to the M&M Auto Guide as specified in clause 1.1.3 hereof.
10 TERMINATION
  Not withstanding anything to the contrary in this agreement, RENT A WRECK may terminate this agreement at any time by notice (verbal or in writing depending on the situation) to the renter.
Where upon the renter shall return the vehicle to RENT A WRECK forthwith. The obligations of the renter and the rights of RENT A WRECK under this agreement shall continue in effect until the vehicle has been returned to RENT A WRECK and the renter has complied with all his obligations.
11 GENERAL
11.1 This document contains the entire agreement between parties regarding the matters contained herein and neither party shall be bound by any undertakings, representation, warranties, promises or the like (other than RENT A WRECK extending the agreed return date) not recorded herein and signed by or on behalf of the renter and the director of RENT A WRECK.
11.2 The renter authorises RENT A WRECK to inset any particulars in the agreement and or on the schedule, which are not known or are unavailable at the time of signature in order to rectify any bona fide errors in any fact, figure or calculation.
11.3 This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa. Th renter exceeds the jurisdiction of the magistrates court. The renter agrees, however, that RENT A WRECK at its election may bring legal proceedings in a magistrates court not withstanding the fact that the amount involved exceeds the jurisdiction of the magistrates court. The renter agrees, however, that RENT A WRECK in its absolute discretion may institute any such action or proceedings in any division of the high court, which have jurisdiction.
11.4 The renter shall not be entitled to cede any of his rights under this agreement or to sub-let or part with possession of the vehicle, its tools or equipment or any part of it.
11.5 If RENT A WRECK institutes any legal proceedings against the renter to enforce any of its rights under this agreement it shall be entitled to recover from the renter all the legal costs it incurs to its own attorneys in accordance with their usual charges and assessed as between attorney and own client.
11.6 If the renter enters int the agreement on behalf of any principal, including any disclosed and/or any undisclosed principal, he shall be personally liable jointly and severally with his principal.
11.7 The renter chooses the address specified in the contract as his domicilium citandi et executandi (i.e. Address for service of all legal process) and any notice posted to him there shall be deemed to be received seven days after the date of dispatch.
11.8 RENT A WRECK shall be entitled to carry out a credit check on a renter with one or more credit agencies who may retain a record thereof and RENT A WRECK shall be entitled to record any default by a renter with any agency. Such records may be made available by the agency to third parties in which case RENT A WRECK shall not be held liable/ responsible for any repercussions such disclosure may have on the renter.
11.9 The renter acknowledges that certain vehicles may be fitted with a vehicle management system which is used to enter alia, record speed, illegal entry and other information relating to the vehicle rented. RENT A WRECK shall be entitled to use such information in court proceedings, as it deems fit.
12 EXEMPTION
12.1 Neither RENT A WRECK nor any of its directors, officers, employees, servants shall be liable for any loss or damage, 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 (how so ever arising and of whatever nature) or the failure of RENT A WRECK to defects in or mechanical problems with the vehicle whether such loss or damage result from the breach of contract or delict, which may be suffered by the renter and/or any third party and / or passenger.
12.2 RENT A WRECK, its directors, officers, employees, servants or agents (”it”) are accordingly indemnified by the renter or his estate against any claim whatsoever and however 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 conditions.
 
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