1. Definitions and interpretations
In this Agreement unless the context indicates otherwise:
“Company” means Cape Town Luxury Car Rentals (Pty) Ltd (Reg. No.: 2019/446635/07).
“Damages” (in relation to the vehicle) means the actual expenditure in towing, transporting and storing the vehicle, repairing any damage (including tire and rim damage), replacing parts or any other charges incurred related to an incident of whatsoever nature, and includes a total loss when applicable.
“Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the rental agreement.
“Rental Agreement” means the rental agreement issued by the company to the renter and signed by the renter and which will have the effect of a legal binding agreement between the parties and includes these standard terms and conditions.
“Liability” includes the amounts reflected in the rental agreement, or on the rates information brochure pertaining to the non-waiver able amount chargeable in the event of damage, loss and/or theft.
“Driver” means such person who is reflected on the rental agreement as being duly authorized by the company to drive the vehicle.
“Extended Period” means any extension of the rental period beyond the agreed return date reflected on the agreement and authorized by the company.
“The Rental Period” means the period between the date the vehicle is taken by the renter and the termination date and time as specified on the rental agreement or if such period is extended, the time and date entered on the company’s records.
“The Renter” means all of the persons, natural or juristic, jointly and severally, whose names appear on the rental agreement;
“The Renting Location” means the company’s location from which the vehicle is rented by the renter alternatively any location agreed upon by the company;
“The Vehicle” means the vehicle described in the rental agreement including all keys, tires, tools, equipment, accessories and documents in and on the vehicle when the renter takes delivery of the vehicle.
“Total Loss“ (in relation to a vehicle) means –
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.
CTLCR only rents out vehicles in Cape Town and does not want vehicles to be taken further than 100kms outside of Cape Town.
CTLCR will endeavor to give you the exact vehicle you have requested (and we do in almost all cases) but due to the nature of our business we cannot guarantee the exact vehicle.
3. Delivery of the vehicle
3.1 Delivery of the vehicle takes place at the time the renter and/or driver and/or his representative takes possession of the keys and/or vehicle at the renting location.
3.2 The vehicle shall be deemed to have been delivered 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 under vehicle condition in the rental agreement or the rental vehicle condition report). Any damage not so recorded will be for the account of the renter.
4. Use of the vehicle
4.1 The vehicle may only be utilized for the rental period of any extended period.
4.2 The renter and/or driver agree 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 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 authorized 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 South Africa, unless authorized by the company in writing
4.5 The renter and/or driver shall make adequate provision for the safety and security of the vehicle and, in particular he shall keep the vehicle properly locked and secured and immobilized and the burglar alarm (if any) activated.
4.6 The renter and/or driver will make sure that the keys of the vehicle are under the renter’s and/or driver’s control at all times.
4.7 The company will at all times remain the owner of the vehicle.
5. Return of the vehicle
5.1 The renter and/or driver shall return the vehicle, at the renter’s expense to an authorized representative of the company on the agreed return date and at the agreed location reflected on the rental agreement.
5.2 The renter and/or driver acknowledges that failure to return the vehicle in terms of this agreement shall constitute unlawful possession by him, and the company may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Any costs incurred 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, the vehicle may be reported as stolen to the relevant authorities.
5.4 The vehicle shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted.
5.5 If the renter and/or driver returns the vehicle to any renting location of the company, the renter shall:
5.5.1 park the vehicle in the company’s reserved parking; and
5.5.2 ensure that the vehicle is properly locked and secure; and
5.5.3 hand the keys to an authorized representative of the company
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.
6.Termination/Cancellation of rental agreement
6.1 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 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 has complied with all his obligations. Any costs incurred in recovering the vehicle will be for the account of the renter.
7. The renter/driver
7.1 Notwithstanding anything else to the contrary in clause 4.3 above, the vehicle may not be driven by any person under the age of 25, and/or who has not been in possession of a valid driver’s licence for a period of 3 years.
7.2 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 license to drive the vehicle, will comply with all applicable laws and will comply in all respects with the provisions of this agreement.
7.3 If the vehicle is driven by anyone other than the driver and/or additional driver, then, without derogating from any rights or remedies which the company may have the renter 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; and
7.4 The renter and/or driver warrants that he is entitled and duly authorized to enter into this agreement, that all particulars given to the company and/or recorded on the rental agreement are true and correct.
8. Rental rates and charges
8.1 The renter agrees to pay the company the rental rates plus all other charges and fees opted for or utilized by the renter reflected on the rental agreement up and until the vehicle is returned, including but not limited to miscellaneous charges, Claims Administration Fee, Contract Fee, Traffic Fine Administration Fee, delivery fee, collection fee, Personal Accident Insurance (PAI), fuel, additional driver(s) fee and/or all taxes due and payable on rental rates, other charges and fees.
8.2 In determining the rental charges, the distance traveled by the vehicle (where required) shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by the company in its sole discretion, 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 kilometers traveled will be deemed to be 500 kilometers per day.
8.4 In the event of mechanical failure of the vehicle the renter will be given a replacement vehicle, if this is not possible the renter will only be refunded for the days the vehicle is in for repairs.
8.5 The renter and/or driver shall also be liable for all fines, penalties and like expenses including but not limited to parking, traffic and other offences, arising out of or concerning the use of the vehicle during the rental period and the renter accordingly indemnifies the company against all such liability;
8.6 Late collections and deliveries will incur a penalty fee. The daily rate is per 24 hours with a 29-minute grace period, should the vehicle be returned between 30 minutes to 1 hour late a half days rental will be charged, if the vehicle is returned later than an hour a full day’s rental will be charged to you.
8.7 For vehicle collections a 29 minute grace period also applies, for collections later than the grace period a R500 per hour late collection fee will be charged.
9.1 All payments are due on demand. All charges payable by the renter shall be paid by online payment, credit card or in cash on the termination of the rental period and/or the company requires all or any of the charges to be prepaid in advance;
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 The renter remains liable for payment of all amounts due until the company is paid in full by the issuer of the card.
9.4 The renter’s signature of the rental agreement will constitute authority for the company to obtain authorization and/or payment from the renter. The signature will also constitute authority for company to debit him with the total amount due to the company (including but not limited to any damages or loss suffered by the company).
9.5 In the event that the renter returns the vehicle to the company prior to the due date on the rental agreement, the renter shall pay, at the discretion of the company the rates and charges as if the full rental period and/or kilometers 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 If any amount is not paid on due date, the company may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable prescribed legal rate or prime in the sole discretion of the company.
9.8 A certificate of any Director, Manager or Accountant of the company, whose capacity need not be proved, as to any amount owed by the renter to the company shall constitute prima facie proof of the amount.
9.9 In the event of cancellation by the customer, the following percentage is refunded to the clients depending upon the time of cancellation:
For cancellations with more than a 96-hour notice period before the start of the rental 100% refund, for cancellations less than 96-hours before the start of the rental period a 50% refund and for cancellations less than 48-hours a 0% refund.
10. Renters risks and liabilities
10.1 The vehicle is at the sole risk of the renter and/or driver (fair wear and tear excepted) from the moment the key and/or the vehicle is handed to the renter until such time as the vehicle and key is returned in terms of clause 5.
10.2 The renter shall be liable for any damage and/or total loss sustained to the vehicle, howsoever the damage and/or total loss is caused and whether or not it is attributable to his fault or negligence (including but not limited to hail damage).
10.3 If contracted for, the renter will only be liable for the amount indicated as the applicable excess as stated in the rental agreement (provided there was no breach of any conditions).
10.4 The company, in its sole and absolute discretion, reserves the right to, in the event of loss or damage which has occurred in a situation where no physical contract is made with another vehicle or animal or object or person (in or on the road surface), charge the renter either the actual amount of the loss or damage suffered or double the liability amount reflected on the agreement.
10.5 Should the vehicle be damaged, stolen or lost in a situation where there was a breach of any of the terms and conditions as contained herein, the renter will be liable for the total loss and/or damage suffered by the company.
10.6 The renter and/or driver is liable for all fines and/or penalties incurred during the rental period and hereby authorizes the company to disclose any information required by a relevant authority to process it.
10.7 Notwithstanding anything in this agreement, the company shall not be obliged to make, institute or proceed with any claim which the company 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, the company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
11. Consequential damages
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 being unable 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 for the period that the vehicle was inoperative, limited to a maximum of 30 days.
12. Procedure in the event of an incident involving the vehicle
12.1 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:
12.1.1 he shall 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 driver’s license;
12.1.2 he shall obtain the name(s) and addresses of everyone involved and of possible witnesses;
12.1.3 he shall not admit any responsibility or liability nor 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;
12.1.4 he shall notify the police within twenty-four hours of the occurrence in question and furnish the company with an accident case number;
12.1.5 he shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances;
12.1.6 he shall co-operate with the company and its insurer in the investigation, the making or instituting of any claim or action and the defense of any prosecution, claim or action relating to the incident (including the making of an affidavit if he is requested to do so).
12.2 If the renter is not the driver, then, without in any way derogating from the renter’s obligations in terms of this clause 13, the renter shall procure that the driver complies with the provisions of 13.1 and the renter warrants that the driver will do so.
12.3 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 procure 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.
12.4 The renter and/or driver warrants that the information completed in the company’s claim form as referred to in 13.1 .1 will be complete, true and correct in every respect.
13. Indemnity of the company by the renter
13.1 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 depict (including negligence or gross negligence) or otherwise, which may be suffered by the renter and/or any third party and/or passenger.
13.2 The company, its directors, officers, employees, servants or agents (“it”) 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 conditions.
14. Joint and several liability of signatories, renter and/or driver
The renter and every person whose signature appears on the car rental contract shall be liable jointly and severally for payment of all amounts due to the company in terms of or pursuant to the rental agreement.
15.1 The rental agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warrants, promises or the like (other than the company extending the agreed return date) not recorded by the company except as provided for herein.
15.2 If any provision of the rental 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.
15.3 No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation here under, and no delay or forbearance in the enforcement of any right of any party arising from this rental agreement, and no single or partial exercise of any right by any party under this rental agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a notation of or otherwise affect any party’s rights in terms of or arising from this rental agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
15.4 The renter authorizes the company to insert any particulars in the agreement that are not known or are unavailable at the time of signature.
15.5 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.
15.6 The renter further consents to the jurisdiction of the Magistrate’s Court, should the company, at its election, bring legal proceedings in a Magistrates Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrate’s Court. The renter agrees, however, that the company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
15.7 The renter shall not be entitled to cede any of his rights or assign any of his obligations under this agreement or to rent or part with possession of the vehicle, its tools or equipment or any part of it.
15.8 If the company 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 including but not limited to collection commission and tracing agent charges.
15.9 The renter chooses the address specified on the rental agreement as his domicilium citandi et executandi (i.e. address for service of all legal process).
15.10 The company 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 the company shall be entitled to record any default by the renter with any credit agency. Such records may be made available by the credit agency to third parties, in which case the company shall not be held liable/responsible for any repercussions such disclosure may have on the renter. The renter agrees that the company may disclose any information obtained by it as a result of the conclusion and/or breach of the rental agreement, including personal and additional information, to any person, including a credit bureau.
15.11 The renter acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter a/ia, record speed and other information relating to the vehicle rented. The company shall be entitled to use such information (including in court proceedings) as it deems fit.
15.12 It is recorded that this agreement is exempt from the provisions of the National Credit Act and shall be limited to a maximum period of 90 days and are not subject to further renewal.