1. “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.
1.1“Hirer” shall mean the client/hirer and/or chauffeur described on the reverse hereof.
1.2“Aqua Car Hire” refers to the car rental service provider.
2. AUTHORISED DRIVERS
2.1 Hirers must at all times be in possession of a valid unendorsed drivers’ licence. The minimum age of hirers shall be 23 years old.
2.2 Should the hirer be under the age of 23 years and is 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 and if the insurance cover is not obtained or the claim is rejected for any reason or the hirer will be liable for the full cost of the repairs or the cost of the vehicle.
2.3 Should the hirer be over the age of 23 years and under the age of 25 and is 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 and if the insurance cover is not obtained or the claim rejected for any reason or the hirer will be liable for the full cost of the repairs or the cost of the vehicle.
2.4 If the hirer is not a natural person, the vehicle may not be driven by anyone other than the hirer himself or, unless such a driver is a person referred to in clause 2.5.
2.5 The vehicle may also be driven by a person whose name is specified as an additional driver on the agreement and who complies fully with clause 2.1
2.6 If the vehicle is driven by anyone other than the hirer, then, without derogating from and rights or remedies which AQUA CAR HIRE may have:
2.6.1 the hirer shall remain liable for all obligations in terms of this agreement and in particular, he shall be liable to AQUA CAR HIRE as if he had been a driver; and
2.6.2 where the vehicle is not driven by a person referred to in clause 2.5, the hirer shall not be entitled to exercise and hereby expressly waives any of his rights which he or the driver may otherwise have been entitled to and which would enable him to avoid any obligations in terms of this agreement.
3.1 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 AQUA CAR HIRE. A copy of AQUA CAR HIRE insurance policy is available for inspection at the premises of AQUA CAR HIRE and the hirer hereby undertakes that he binds himself to the terms and conditions of said insurance policy which forms part of this agreement.
3.2 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 AQUA CAR HIRE then in that event the hirer hereby undertakes and agrees to be liable to AQUA CAR HIRE for any amount not paid by the insurance.
3.3.1 Where the vehicle is insured through AQUA CAR HIRE, the hirer and/or driver hereby undertakes to expeditiously
assist in every way possible to ensure timeous and proper lodgement of any claim and in respect of any other matter upon the request of either AQUA CAR HIRE or the insurer.
3.3.2 In the event of proper compliance aforesaid and the acceptance of a claim by the insurer arising out of damage to or theft of the vehicle then in that event the hirer agrees to be solely liable for the greater of:
3.3.3 Ten percent (10%) of the costs of repair of the damage to the vehicle or the costs of replacement thereof, the decision to repair or replace being in the sole discretion of AQUA CAR HIRE; or
3.3.4 The excess as specified on the front of this agreement.
3.3.5 The excess amount payable for damages or accident is payable per incident.
3.4 An excess deposit is payable at the commencement of hire and shall be refundable on condition that the vehicle is returned to AQUA CAR HIRE in the same condition in which it was handed to the hirer.
3.5 All accidents occurring on gravel roads are subject to double the normal excess.
3.6 The insurance provided by AQUA CAR HIRE does not cover any damage to or loss of rims and trims, tyres or
3.7 An administration fee of R450 will be charged on each vehicle accident that is reported to Aqua Car Hire.
3.8 Should any breach of the Standard Terms and Conditions result in Insurance Cover being considered null and void, then the full amount due for loss, damage, theft or other charges, including but not limited to the replacement of a vehicle, will be due and payable by the hirer.
4. LIABILITY IN CASE OF LOSS, DAMAGE AND THEFT
4.1 The hirer shall be liable for loss and damage where:
4.1.1 The loss or damage or the event giving rise to thereto was caused by the fault or negligence of the hirer or the driver (whether authorised or not) of the vehicle; or 4.1.2 The loss or damage or the event giving rise thereto occurred in a situation where no other vehicle or animal or object was involved, unless the hirer is able to prove that the loss or damage or the event giving rise thereto was not caused by the fault or negligence of the driver (whether authorised or not) of the vehicle.
4.2 The hirer shall be liable for theft, loss or damage, which liability may include the replacement costs of the vehicle, where the hirer did not make adequate provisions for the safety and security of the vehicle and, in particular, if he did not keep the vehicle properly locked and secured behind a security gate or in a locked garage and immobilised and did not activate the burglar alarm, if any, when the vehicle was not in use. The hirer shall be liable for loss, theft or damage, which liability may include the replacement costs of the vehicle, where the hirer, in the event of theft, does not have the keys to the vehicle.
4.3 The hirer shall be liable where he breaches any of the provisions or clause 5 after the occurrence of the loss or damage or the event giving rise thereto. The hirer shall be liable for an excess payment for each occurrence of loss, theft and damage.
4.4 In the event of loss or damage to any vehicle occurring, the hirer will in addition to the above be liable for towing charges incurred.
4.5 Where the vehicle hired in terms of this Agreement is, by prior arrangement, to be left at the termination of the Hire Agreement at any place other than AQUA CAR HIRE CAR HIRE premises at 18 Lily Road, Retreat. In the event of the hirer failing to notify AQUA CAR HIRE in terms hereof and 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 AQUA CAR HIRE in repairing or replacing the vehicle in addition to any damages on the vehicle.
4.6 Any approval by AQUA CAR HIRE to any vehicle being left for collection by it at any other place than Aqua Car Hire
depot will be strictly on the basis that, should the vehicle be stolen or be collected and not be 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 restoring the vehicle to the condition in the Check List or for the replacement thereof as the case may be.
4.7 All accidents occurring on gravel roads are subject to double the normal excess as specified on the front of our Rental Contract.
4.8 Should a problem arise with the vehicle due to the negligence of the hirer, a call out fee of R200.00 may be charged.
5. RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
5.1.1 If during the hire period the vehicle is involved in any accident or collision or is stolen or the vehicle or any part of it is stolen, the hirer shall take every reasonable precaution to safeguard the interest
of AQUA CAR HIRE including but without being limited to, the following where appropriate:
5.1.2 he shall obtain the name and address of everyone involved and of possible witnesses;
5.1.3 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 or accept any disclaimer of liability
5.1.4 He shall notify the police and AQUA CAR HIRE as soon as possible and, in the event, within twenty four hours of the occurrence in question;
5.1.5 within forty eight hours of the occurrence in question he shall complete and furnish to AQUA CAR HIRE, the whereabouts and accident details of the vehicle;
5.1.6 he shall make adequate provisions for the safety and security of the vehicle;
5.1.7 he shall co-operate with AQUA CAR HIRE 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 the making of an affidavit if he is requested to do so.)
5.2 If the hirer is not the driver, then, without in any way derogating from the hirer’s obligations to 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.
5.3 The hirer shall furnish to AQUA CAR HIRE (and if the hirer is not the driver, the hirer shall also ensure that the driver furnishes to AQUA CAR HIRE) any notice of claim, demand, summons or the like which the hirer or the driver may receive on connection with the vehicle.
5.4 The hirer warrants that the information completed in AQUA CAR HIRE’s claim form as referred to herein will be
completed, true and correct in every respect.
6.1 AQUA CAR HIRE shall not be liable for any damage arising out of any defect in 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 damage of any kind for any breach of this agreement.
The vehicle shall not be used or driven:
7.1 for the conveyance of any person or property for consideration expressed or implied;
7.2 in contravention of the law;
7.3 to tow or propel any other vehicle or trailer;
7.4 by any person under the influence of drugs or alcohol;
7.5 beyond a 150km radius of Cape Town unless otherwise authorised by AQUA CAR HIRE;
7.6 beyond the borders of Republic of South Africa without the written consent of AQUA CAR HIRE first being had and obtained.
7.7 No pets/animals allowed inside a Aqua Car Hire rental vehicle.
The hirer shall pay AQUA CAR HIRE on demand all charges as they become due in terms of the agreement. The hirer shall be liable to pay:
8.1 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 AQUA CAR HIRE by drop off or collection as the case may be. The minimum charge rate period will be 24 hours.
8.2 extension of the hire period beyond the originally agreed date of termination must be arranged by the hirer by contacting AQUA CAR HIRE and must be prepaid. Failure to adhere to this will mean that the hirer will be liable for the cost of repair or any and all damages to the vehicle of any nature whatsoever as the replacement cost of the vehicle or appurtenance thereon.
8.3 AQUA CAR HIRE reserves the right to claim payment of rental and insurance in advance by either a recognised credit card or bank guaranteed cheque only.
8.4 Petrol is not included in the rate. Each vehicle will leave with a full tank of petrol and the hirer shall pay for refuelling thereof on return of the vehicle.
8.5 Extension of the hire period beyond the originally agreed date of termination must be arranged by the hirer by contacting AQUA CAR HIRE and must be prepaid. Failure to do so will, in the event of the vehicle being damaged or stolen or any part thereof being damaged or stolen, the hirer will then become liable for the cost of the repair of any and all damages to the vehicle of any nature whatsoever or the replacement cost of the vehicle. The decision whenever to repair or to replace a damaged vehicle shall be in the sole discretion of AQUA CAR HIRE. Where a dispute arises, the hirer shall bear the onus of providing a valid and authorised extension.
8.6 If speedometers or cabling are tampered with a R3000,00 charge will be levied on the hirer.
8.7 An administration fee of R150 will be charged per traffic violation to hirer.
8.8 The traffic fine and administration fee will be charged to the hirer’s credit card.
In the event of a breach of any of the terms and conditions of this agreement, or if in the opinion of AQUA CAR HIRE, the vehicle is being driven or used in a manner which is likely to be prejudicial to AQUA CAR HIRE 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.
9.1 There is a contract cancellation fee of R1500 for a rental agreement that is cancelled by the hirer.
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 calculated from the due date of payments to date of payment in full.
No variations or waiver of any of the conditions hereof shall be operative against AQUA CAR HIRE unless contained in writing and signed by AQUA CAR HIRE.
The parties hereto agree that in any legal proceedings arising out of or in connection with the agreement, the Magistrate Court having jurisdiction over the person of the Defendant, in terms of section 18 of the Magistrate’s Court 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 renter hereby chooses as
domicillium citandi et executandi in address set out on the front of this Agreement, in the box titled “LocalAddress”.
In the event of AQUA CAR HIRE instituting legal proceedings in respect of the recovery of any outstanding amount or where it becomes necessary for AQUA CAR HIRE 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/client fees, collection commission and tracing agents fees.
14.1 Payment can be made by credit card including Visa, MasterCard, Amex and Diners, debit cards or cash but regrettably AQUA CAR HIRE cannot accept cheques.
14.2 The credit card holder must be the hirer and the credit card holder must be present with his/her credit card on his/her possession when signing the Rental Agreement.
14.3 The hirer authorises AQUA CAR HIRE to debit his/her credit card with the full amount due as set out in this agreement in the event of loss, damage and theft including the cost of a replacement vehicle.
By his signature hereto as the authorised agent of the hirer, such signatory undertakes personal liability for the hirer’s obligation hereunder, notwithstanding anything to the contrary herein contained.