TERMS AND CONDITIONS OF THE RENTAL AGREEMENT
DEFINITIONS

In this agreement, unless the context otherwise, the following expressions shall bear the following meanings.

The Company”: means Springs Car Wholesalers (Pty) Ltd (Registration number: 2008/014857/07) t/a Dollar Thrifty Car Rental
The Renter”: means the Renter and/or operator of this vehicle.
The Rental Period”: means the period between the commencement date of the hire of the vehicle and the end date, which dates are stipulated on the face of this agreement.
The commencement date”: being the date on which the Renter signs the agreement with Company.
The end date”: meaning the date on which the Company takes delivery of the vehicle from the Renter.
The extension of rental period”: which means an extension to the rental period as described above, which will come into effect should the vehicle not be returned to the Company for any reason whatsoever, on the end date.
The Vehicle”: is as described in this agreement as being hired with all its keys, tyres, accessories, spares, documents, equipment and tools, in and on the vehicle when the Renter takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been officially authorised by the Company for any reason whatsoever.
He or His”: means whenever used in reference to the Renter. “he or his shall” , in the event of the Renter being a firm, partnership, corporation, company trust, voluntary association or club, be deemed to refer to such firm, partnership, corporation, company, trust, voluntary association or club.
“Waiver”: means a reduction of liability in the event of accident and or theft and or loss of vehicle.
“Damages”:means any and all damages suffered by the Company, including the actual expenditure incurred in towing, transporting and/or storing the vehicle, repairing any damage (including tyre and rim damage), replacing of parts and/or accessories (without allowing for depreciation), payments made to an expert to inspect collision damage and report thereon, or any other damages, costs or expenses incurred by the Company of whatsoever nature and includes total loss where applicable.
“Additional Driver”: means any person who has been identified on the first page of rental agreement, an additional driver and who has accepted responsibility as an Additional Driver in terms of the rental agreement by signature thereof.
“ Young Driver :” means any person who has been identified on the first page of the rental agreement as a young driver and who has accepted responsibility as a young driver in terms of the rental agreement by signature thereof. A young driver is a Renter who is under the minimum age of 21 (twenty one) years and is in possession of a valid driver’s license for a period of 1 (one) year. A once-off young driver surcharge is payable.
“Auto-glass”: all vehicle glass inclusive of mirrors and lights.
“Holding Deposit”: means a deposit held by the company on inception of the rental for all additional costs incurred whilst hiring the vehicle. The Holding deposit is subject to vehicle in a specific group and/or class.
“Vehicle Protection Plan”: Mandatory fee which covers the vehicle tracking system as well as cost of recovering the vehicle in the event of hijacking or theft.
“Damage Liability Amount”: means the amount the Renter is liable to pay for damage/ loss based on the type of Waiver selected and subject to terms and conditions of this agreement.

  1. RENTAL
    1. The Company rents to the Renter the vehicle with all accessories, equipment check list may specify only some of the accessories, equipment, spares and tools. The Renter must ensure that the equipment checklist is completed prior to taking delivery of the vehicle.
    2. The vehicle is hired to the Renter for the rental period as stated on the face of the agreement together with any extended period which may apply, and subject to the terms and conditions contained herein. In the event that the Renter wish to extend the rental period, the Renter must request such extension at least 24(Twenty Four Hours) before expiry of the current rental period.
    3. The Company reserves the right in its sole discretion to terminate this agreement at any time should the Renter be in breach of the terms and conditions of this Agreement during the rental period. Upon termination of the agreement, the Company will take possession of the vehicle and shall not be obliged to provide the Renter with a similar or alternative vehicle under this or any further agreement.
    4. The Renter may not terminate this agreement prior to the end date of the rental period without the prior written consent of the Company, which consent shall be requested within a reasonable time from the Company. Should the Company approve the reduction in the rental period, the Company is not obliged to grant the Renter a reduction on, remission or refund of, any changes for early termination.

  2. RENTAL CHARGES PAYABLE
    1. The Renter undertakes to pay the Company all charges incurred in respect of rental, plus any and all additional charges and miscellaneous services, which arise from this agreement.
    2. The rental fees payable includes the following
      1. A daily charge out rate as described in the “Thrifty Car Rental Brochure” which the Renter has read, calculated on a 24 hour basis from the time the vehicle is delivered to the time the vehicle is returned and or alternatively collected;
      2. The Damage Liability waiver charged, where applicable in terms of this agreement;
      3. All payments in respect of rental and any other charges levied in terms of this agreement, together with any taxes, are due and payable on demand, and at the latest on expiry of the rental period. The Renter shall not set off or withhold payment of any amounts due to the Company in terms of this agreement for any cause whatsoever.
      4. The following fees and charges will become applicable to the Renter for and on rental of the vehicle, if and when applicable,
      5. Mandatory charges can upon election by Renter include a contract fee, drop off fees, vehicle protection plan, compulsory damage waiver, traffic fine administration fee, accident/damage administration fee and the holding deposit.
      6. Upon election of Renter: additional driver and or young driver surcharge.
      7. The minimum age of the Renter is 21 years. The Renter further confirms that he is over the age of Twenty One (21) years and has had a valid driver’s license for a period of more than 1 (one) year
    3. The Renter will be liable to pay any traffic fine and an administration fee as indicated on the face of the agreement, for traffic fines issued against the vehicle while it was in the possession of the Renter.
    4. The Renter will be liable to pay an accident/ damage administration fee, as indicated on the face of this agreement in respect of either an accident and or alternatively damages to the Company’s vehicle or Third Party vehicle and or property during the rental period.
    5. Vehicle keys and locks which are lost/damaged must be reported to the Company as soon as possible. The new key and lock set will be purchased from the Manufacturer by the Company and cost of replacement and cost of fitting will be for the Renter’s account. If the key is locked inside the vehicle, the costs of a reputable locksmith to retrieve the key will be for the Renter’s account.

  3. AVAILABILITY OF VEHICLES
    1. All makes and models requested by the Renter are subject to the availability of vehicles within the fleet of the Company.
    2. The Company reserves the right to provide a similar or alternative make and/or model of vehicle to the Renter without prior notice. A similar or alternative vehicle will be provided at the same rate or less than the original rate, subject to the make and/or model of vehicle

  4. THE RENTER’S OBLIGATIONS IN TERMS OF THIS AGREEMENT
    1. The Renter is responsible for the care of the vehicle while in his possession and must ensure that sufficient engine coolant, oil and fuel are maintained and that the tyre pressure and wheel alignment remain in the same state as on the date of delivery and or collection of the vehicle to the Renter. The Renter must ensure correct fuel type for the vehicle is used when refuelling during the hire period.
    2. The Renter must ensure that the vehicle is secured and protected at all times and is kept in a secure place when the vehicle is not in use. The Renter must ensure that the alarm and any security devices are activated at all times, and that all doors and windows are locked and/or secured. The Renter shall not cause or allow the vehicle to be neglected, abused, damaged or modified in any way.
    3. The Renter must ensure that all vehicles are driven on a public road at all times. The Company reserves its right in its sole discretion to restrict the use of the vehicle in certain areas where there is concern due to adverse road conditions, weather conditions and/or political unrest or any other condition.
    4. The Renter must not cause or permit the vehicle to be driven unlawfully or illegally or to be used for any unlawful purpose or a purpose for which it was not designed, or in such a way to increase the risk of being damaged, lost or to be overloaded. The Renter must obey the rules of the road and local traffic regulations with specific reference to driving on the correct side of the road, adhering to traffic signals, lane changing and local speed limits.
    5. The Renter is not permitted to use the vehicle outside of the borders of the Republic of South Africa or Namibia unless the Company has consented thereto in writing.
    6. The Renter is not allowed to hire or lend the vehicle to anyone, or permit the vehicle to be in the possession or control of anyone other than the Renter or the operator as stated on the face of this agreement. In the event the Renter has hired the vehicle for a period in excess of 20 (twenty) plus days, as referred to in the Thrifty Car Rental brochure, the Renter shall return the vehicle to the Company at the Company’s premises, as stipulated on the face of this agreement, at the termination of this contract, alternatively at any time sooner at the request of the Company. In the event that the Renter has hired the vehicle for an extended rental period, the Renter must return the vehicle to the Company at the Company’s premises for its services, at the intervals of 15 000km (Petrol Vehicles)/7500km (Diesel Vehicles) or every 6 (six) months, whichever event occurs first.
    7. The Renter will not drive the motor vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance nor will he permit any operator to drive the vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance.
    8. The Renters speed is regulated at a maximum of 60km per hour on a gravel and or dirt road, irrespective of road signs. The Renter will not exceed the speed limit of 120 km per hour on all national roads or as indicated by road signs.
    9. The Renter must, in the event of the vehicle being involved in an accident or being stolen, report such incident to the local Police within 24 (Twenty Four) hours and the Company immediately or within 3 hours of becoming aware of the occurrence, irrespective of Third Party involvement. The Renter must provide the Company with the relevant Police case number and complete all prescribed documentation, including the Company Claim Form fully and truthfully. The Renter shall assist and co-operate with the Company in investigating and finalising such incident or any dispute that may arise from this.

  5. AUTHORISED DRIVERS.
    1. The Renter, by signing this agreement, confirms that he and “any authorised driver” has an unendorsed and valid driver license which remains valid for the full period of the rental undertaken.
    2. In the event that the Renter is not a South African/Namibian citizen, or does not have a valid South African/Namibian driver’s license, the Renter must produce an international driver’s license or alternatively a valid driver’s license of his origin / resident country for the hire of the vehicle.

  6. RISK
    1. The vehicle is hired to the Renter by the Company at the sole risk of the Renter, from the date and time of delivery and or collection of the vehicle until such time as the vehicle is returned to the Company’s premises. In the absence of any written notification from the Renter to the Company to the contrary, the vehicle is deemed to be delivered to the Renter by the Company without any damage and in good order and repair.
    2. The Company will not be held liable for any damages sustained or further liability which the Renter incurs as a result of hiring the vehicle, from any cause arising whatsoever, whether negligently or otherwise. The Company is not responsible for any defect of any nature whatsoever in the vehicle at the time of hire, alternatively, any defect that may arise during the rental period.
    3. The Renter indemnifies the Company against any claim by any person for any damage of any nature whatsoever arising, as a result of any incident involving the vehicle, whether as a result of the Company’s negligence or otherwise. The Company shall not be liable for any damage arising out of any defect in, or mechanical failure of the vehicle, nor for any indirect damages, consequential loss, loss of profit or any other damages which the Renter or operator, or any other third party transported in the vehicle may suffer, arising out of this agreement.
    4. The Renter confirms no representation or warranty has been made by the Company with regard to defects in delivery time, condition quality, and state of repair, performance capability, fitness or suitability for any purposes, of the vehicle.
    5. The Renter’s sole risk of loss or damage to the vehicle shall remain vested in him, until such time as the vehicle and all accessories, equipment, spares and tools of the vehicle are returned to the Company undamaged, in good order and roadworthy condition, fair wear and tear excepted.

  7. DAMAGE WAIVER OR THEFT WAIVER
    1. The Renter is obliged to accept cover from the Company in respect of a Waiver Protection package, and can elect between STANDARD WAIVER or SUPER WAIVER as contained in the Dollar Thrifty Car Rental terms and conditions. All vehicles hired from the Company are hired subject to acceptance of a minimum of the compulsory Standard Waiver option.
      1. Declination of Liability Waivers as offered by Company , applicable only to corporate customers, who conform to the below listed prerequisites:
        • A valid Corporate Account is opened in the Corporate Company Name.
        • The Corporate Customer signed the Companies Self Insured Agreement.
        • A Corporate Customer provides the Company with written proof from their Insurer that all rented vehicles are comprehensively insured
        • The insurance policy presented is accepted by the Company.
    2. The Damage Liability Amount applicable to the STANDARD or SUPER WAIVER respectively, is contained on the front page of this Rental Agreement for the rental period and is subject to the Terms and Conditions of this agreement.
    3. The Renter shall be liable for any and all loss/damage of, or to the vehicle sustained by the Company, arising from any cause whatsoever, subject to the Damage Liability Amount payable, as described in the front page of this Rental Agreement, where applicable.
    4. In the event of the vehicle being stolen or considered beyond economical repair, the replacement value will be the retail value as contained in the Auto Dealers Guide as at the time of such loss. In the event of such vehicle being less than (1) one year old, the cost therof shall be the retail value of a new vehicle. All accessories, spares, equipment and tools will be replaced as new.
    5. Any breach of the terms and conditions contained in the rental agreement may result in the Company withholding a replacement vehicle from the Renter; this election is at the discretion of the Company.
    6. The Company , in its sole and absolute discretion, reserves the right to entertain a third party claim, Any breach of the terms and conditions contained in the rental agreement, by the Renter, will result in the Renter being deemed fully liable for all third party claims occurring as a result thereof.

  8. STANDARD WAIVER

    Upon acceptance of the Standard Waiver for collision, damage or theft, the Renter agrees to pay the Damage Liability Amount applicable in respect of any damage and / or loss suffered from any cause whatsoever, subject to the following exclusions, in which event the Renter will be held liable for payment in terms of this agreement:-
    (a) Gross Negligence
    (b) Where damage was caused to upholstery and/or carpets;
    (c) Where damage and/or loss is sustained to tyres and / or rims and / or hubcaps and or glass/auto-glass of the vehicle;
    (d) In the event of a collision which is not reported within twenty four (24) hours as required;
    (e) Where the vehicle was driven in or to a country and / or area, for which written approval was not obtained from the Company;
    (f) Where a non-designated driver or drivers have caused the loss and/or damage;
    (g) Where the damage / loss is sustained as a result of civil unrest, riot, war or political unrest;
    (h) Where the damage / loss is sustained by water and under-carriage damage or either;
    (i) Where the damage / loss is caused by driver fatigue or falling asleep behind the wheel.
    (j) Unauthorized salvage and/or towing and/or release fees.
    (k) Contravention or breach of any term of this rental agreement by Renter or additional driver.

    For the purpose of this Agreement the following is not covered under any Waiver:
    (a) Single vehicle accident.
    (b) Hitting another vehicle from behind.

  9. SUPER WAIVER

    Upon acceptance of the Super Waiver for collision damage or theft, the Renter accepts to pay the Damage Liability Amount applicable in respect of any damage and/or loss suffered from any cause whatsoever, subject to the following exclusions, in which event he will be held liable for payment in terms of this agreement;-
    (a) Gross Negligence
    (b) Where damage was caused to upholstery and/or carpets;
    (c) Where damage and/or loss is sustained to tyres and / or rims and / or hubcaps and or glass/auto-glass of the vehicle;
    (d) In the event of a collision which is not reported within twenty four (24) hours as required;
    (e) Where the vehicle was driven in or to a country and / or area, for which written approval was not obtained from the Company;
    (f) Where a non-designated driver or drivers have caused the loss and/or damage;
    (g) Where the damage / loss is sustained as a result of civil unrest, riot, war or political unrest;
    (h) Where the damage / loss is sustained by water and under-carriage damage or either;
    (i) Where the damage / loss is caused by driver fatigue or falling asleep behind the wheel.
    (j) Unauthorized salvage and/or towing and/or release fees.
    (k) Contravention or breach of any term of this rental agreement by Renter or additional driver.

    For the purpose of this Agreement the following is not covered under any Waiver:
    (a) Single vehicle accident.
    (b) Hitting another vehicle from behind.

  10. THIRD PARTY LIABILITY
    1. Third Party Cover will be provided by the Company subject to the terms and conditions of this Agreement with specific reference to Clause 7 (7.6).

  11. PROCEDURE IN THE EVENT OF AN ACCIDENT OR THEFT OF THE VEHICLE
    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:
      1. The Renter must, in the event of the vehicle being involved in an accident or being stolen, report such incident to the local Police within 24 (Twenty Four) hours and the Company immediately or within 3 hours of becoming aware of the occurrence, irrespective of Third Party involvement. The Renter must provide the Company with the relevant Police case number and complete all prescribed documentation, including the Company Claim Form fully and truthfully. The Renter shall assist and co-operate with the Company in investigating and finalising such incident or any dispute that may arise from this.
      2. The Renter shall obtain the name(s) and addresses of everyone involved and of possible witnesses;
      3. The Renter 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;
      4. The Renter shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances;
      5. The Renter shall co-operate with the Company and/or its agents 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 providing an affidavit if requested to do so.
    2. The Renter shall within 24(Twenty Four) hours of receipt thereof furnish to the Company, (and if the Renter is not the driver, the Renter shall 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.
    3. The Renter and/or driver warrants that the information completed in the Company’s claim forms referred to in 8.1.1 will be complete, true and correct in every respect.

  12. GENERAL
    1. This document contains the entire agreement between the parties, and the Company shall not be bound by any undertakings, representations, warranties, promises, or the like not recorded herein. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.
    2. No variation, alteration, or addition to, or omission from this agreement is valid/binding, unless done in writing and signed by all parties.
    3. The Renter chooses the address stated on the face of the agreement as registered/legal address. The Company’s registered address is 17 Sim Road, Pomona, Kempton Park, 1619, Republic of South Africa.
    4. The parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act 32 or 1944, notwithstanding the subject matter or cause of action involved, or in the event that the claim may exceed the jurisdiction of the Magistrate’s court.
    5. This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa or Namibia.
    6. A certificate signed by any director, manager or other senior employee of the Company shall be legal proof of any amount owing by the Renter to the Company.
    7. The Renter may not withhold the return of the vehicle to the Company for any reason whatsoever, and any delay in returning the vehicle shall be deemed to be an extension of the rental period, and the Renter will be liable for any and all charges levied in respect of such extension.
    8. In the event that the Company incurs expenses in recovering any monies due to it from the Renter or any other person arising from this agreement, the Renter will be liable for any costs and expenses incurred in doing so, on the attorney and own client scale, including but not limited to collection commission and tracing fees.
    9. If the Renter is not the driver, then and in that event, without in any way derogating from the Renter’s obligations in terms of this Agreement, the Renter and driver may be liable to the Company, jointly and/or independently for all and any amounts owing under or in terms of this agreement, including but not limited to damages.
    10. By virtue of my signature on this Agreement, I accept liability for all amounts that may become due and owing by to the Company arising from this Agreement.
    11. The Renter hereby consents and authorises the Company or its nominated representative to undertake any enquiry the Company deems fit about the Renters credit and or criminal record with any credit bureau, credit agency and/ or other third party to confirm details of the Renter as and when the need arises.

Fleet

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Southern African Vehicle Rental and Leasing Association


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Contact Information

South Africa Tel: 086 100 2111

South Africa Int: +27 11 230 5201

Email: customercare@thrifty.co.za

Sales: rez@thrifty.co.za

Accounts: incontact@thrifty.co.za

Namibia Tel: 0800 100 211

Namibia Int: +264 61 233 035

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