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Racq car insurance product disclosure agreement

STANDARD TERMS AND CONDITIONS OF RENTAL

1. DEFINITIONS AND INTERPRETATION

1.1 In this agreement unless the context indicates otherwise:

1.1.1 “Additional Driver” means the person who, in addition to the Driver, is reflected on the Rental Agreement as being permitted by Europcar to drive the Vehicle;

1.1.2 “Additional Equipment” means equipment that is not factory fitted in the Vehicle, including but not limited to navigation equipment (GPS), baby seat, bicycle rack etcetera;

1.1.3 “Auto Dealers Guide” means the prevailing Auto Dealers Guide publication containing, amongst other information, the recommended selling prices of motor vehicles;

1.1.4 “Claims Administration Fee” means an administration fee charged by Europcar in all instances where a claim needs to be processed in respect of any damages whatsoever, loss of or theft of the Vehicle;

1.1.5 “Client” means all of the persons whose names appear on the Rental Agreement as Client, Driver or Additional Driver;

1.1.6 “Damage(s)” (in relation to the Vehicle and / or Third Party Damage) means the actual costs, including but not limited to towing, transporting and storing the Vehicle, repairing any damage, replacing parts or accessories (without allowing for depreciation), paying an expert to inspect collision damage and report thereon (assessor's costs), or any other charges incurred related to an incident of whatsoever nature, and includes a Total Loss when applicable;

1.1.7 “Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the Rental Agreement;

1.1.8 “Delivery” means the instance when the Client or his representative takes possession of the keys and/or Vehicle (including Additional Equipment if applicable) at the Renting Location, alternatively any other place stipulated in the Rental Agreement or the terms and conditions;

1.1.9 “Document Administration Fee” means a once-off charge per rental which is used to cover various expenses (including but not limited to storage fees of original documents reflected in the Rental Agreement);

1.1.10 “Driver” means such person who is reflected on the Rental Agreement as being permitted by Europcar to drive the Vehicle;

1.1.11 “Europcar” means Europcar, a division of Imperial Group Limited (Registration Number: 1983/009088/06);

1.1.12 “Extended Period” means any extension of the Rental Period beyond the agreed return date or time reflected on the Rental Agreement and authorised by Europcar;

1.1.13 “Excess Distance Charge” means the charge levied against a Client's account in the event that the Client exceeds the limited daily allowed travel distance, as specified in the Rental Agreement.

1.1.14 “Fuel Costs” means the costs incurred to refuel the Vehicle to a full tank when the Vehicle is returned by the Client (Europcar depot to depot);

1.1.15 “Liability” means and includes the amount(s) reflected in the Rental Agreement which is due and payable in respect of the renting of the Vehicle, as well as all amounts in respect of damage, loss and / or theft (not covered by Waivers) of the Vehicle and any third-party loss or damage (not covered by Waivers);

1.1.16 “Limited Liability Amount” means the reduced amount payable by the Client in the event of loss or damage to a Vehicle to which a Waiver(s) apply;

1.1.17 “Rental Agreement” means the entire Rental Agreement issued by Europcar to the Client, including these standard terms and conditions and all other annexures that may be attached thereto (if applicable). Once the Client has signed the Rental Agreement (physically or electronically, whichever may be applicable) it will have the effect of a legal binding agreement between the parties;

1.1.18 “Rental Overdue Administration Fee” means the applicable amount charged to the Client in the event that the Vehicle is not returned by the Client to Europcar at the agreed date and time at the expiry of the Rental Period;

1.1.19 The “Rental Period” means the period between the date when the Vehicle is delivered to the Client and the Termination date and time as specified on the Rental Agreement or if such period is extended, the time and date entered on Europcar's records;

1.1.20 The “Renting Location” means Europcar's premises from which the Vehicle is rented by the Client;

1.1.21 “Termination date” means the date reflected in the Rental Agreement upon which the Vehicle must be returned to Europcar, alternatively any extended date when the Vehicle needs to be returned to Europcar as subsequently agreed upon by and between the parties and so reflected on Europcar's records;

1.1.22 “Third Party Damage” means any claims made by a third party in respect of Damages or loss that the Client has actually or is alleged to have caused to the property and / or vehicle of a third party;

1.1.23 “Total loss” (in relation to a Vehicle) means:

1.1.23.1 Damages (see clause 1.1.6) where the estimated costs of repairs less any salvage (if applicable) are such that the Vehicle is, in the sole and absolute discretion of Europcar, uneconomical to repair; or

1.1.23.2 in the case of a stolen and/or lost Vehicle; the retail value as reflected in the Auto Dealers Guide (Clause 1.1.3) or if not reflected therein, the price of a new vehicle, as supplied by the manufacturer as at the date of loss, less any salvage (if applicable);

1.1.24 “Traffic Fine Administration Fee” means an amount levied by Europcar as determined by it to administer any traffic fine(s) incurred by the Client whilst renting the Vehicle as set out in the note to the Rental Agreement;

1.1.25 “Undercarriage” means the supporting framework underneath a Vehicle, and for the purpose of this agreement also parts such as axles, brake lines, sump and exhaust system;

1.1.26 The “Vehicle” means the vehicle and trailer / caravan (if applicable) described in the Rental Agreement including all keys, tyres, tools, equipment, accessories (including e-tag if applicable), Additional Equipment and documents in and on the Vehicle when the Client takes delivery of the Vehicle at the Renting Location, alternatively any other place stipulated in the Rental Agreement, and includes any replacement for the Vehicle which has been officially authorised by Europcar, whether or not such replacement was authorised or approved by the Client;

1.1.27 “Waiver” is an agreement between Europcar and the Client in terms of which Europcar agrees to abandon its right to claim the total amount of Damages from the Client in exchange for an upfront fee. In the event of an accident/theft and/or loss of a Vehicle to which a Waiver applies, the Client's liability is reduced to the Limited Liability Amount (or to the total amount of Damages if that is less than the Limited Liability Amount);

1.1.28 “Website” means Europcar's official website which can be accessed at www.europcar.co.za;

1.2 The singular shall include the plural and vice versa, pronouns of any gender shall include those of the other gender and natural persons shall include legal and juristic persons and vice versa.

1.3 If a provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only stated in the definition clause, effect shall be given to it as if it was a substantive provision in the body of the terms and conditions.

2. RENTAL OF THE VEHICLE

2.1 The parties agree that Europcar rents the Vehicle to the Client, who hires the Vehicle subject to the terms and conditions as set out herein. The Client will be bound by these terms and conditions, whether he was driving the Vehicle or not.

3. DELIVERY OF THE VEHICLE / ADDITIONAL EQUIPMENT

3.1 Delivery of the Vehicle takes place at the time the Client or his representative takes possession of the keys and/or Vehicle (including Additional Equipment if applicable) at the Renting Location, alternatively any other place stipulated in the Rental Agreement. In the event the Client pays for the Vehicle by debit card, delivery of the Vehicle can only take place at the Renting Location.

3.2 The Vehicle shall be deemed to have been delivered in good order and repair (fair wear and tear excluded) and without any damage (including but not limited to the paintwork, upholstery, tyres, windshield, side glass, lights and accessories) unless any damage to the Vehicle / Additional Equipment is recorded in writing and signed by both parties. In the event that no damage is recorded in writing at the time of delivery of the Vehicle (fair wear and tear excluded), it will be accepted that the Vehicle was delivered to the Client without any damages and any damage recorded at the time of the return of the Vehicle (fair wear and tear excluded) will be for the account of the Client.

3.3 The Client will have no claim against Europcar in the event that the Vehicle or Additional Equipment (if applicable) are not available for delivery other than compensation provided in terms of consumer protection legislation.

4. USE OF VEHICLE

4.1 The Vehicle may only be utilised for the Rental Period, as stated in the Rental Agreement, or any Extended Period agreed upon between the parties.

4.2 The Client agrees that any Extended Period noted on Europcar's records would correctly reflect such Extended Period.

4.3 The Vehicle may only be driven by the Client, Driver or Additional Driver. The Driver or Additional Driver must have his valid unendorsed Driver's license with him at all time when driving the Vehicle.

4.4 During the Rental Period or any Extended Period thereof, the Vehicle may not be used:

4.4.1 to propel or tow any other vehicle (including any caravan or trailer unless prior written authorisation is provided by Europcar); and / or

4.4.2 for the conveyance of passengers and/or goods for payment in violation of any laws or in any other illegal manner; and / or

4.4.3 in any motor sport or similar high risk activity; and / or

4.4.4 beyond the borders of the country in which the Vehicle is rented (unless prior written authorisation is provided by Europcar); and / or

4.4.5 in any area where there is or may be a risk or incidents of civil unrest, political disturbance or riot or any activity associated with any of the mentioned.

4.5 The Client shall make adequate provision for the safety and security of the Vehicle when the Vehicle is not in use, in that the Vehicle shall (including but not limited to the following) be kept properly locked, secured and immobilized and have the alarm (if any) activated.

4.6 The Client will make sure that the keys of the Vehicle are under his control at all times.

4.7 Europcar will at all times remain the owner of the Vehicle.

4.8 The Client may not use the Vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the Rental Period. In the event the Client uses the Vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the Rental Period, any Waiver option the Client may have taken out shall become null and void.

4.9 The Client shall take all reasonable steps to ensure that the Vehicle remains in good and safe working order, including regularly checking the oil, water and tyre pressure, immediately ceasing use of the Vehicle in the event the Vehicle is damaged or the electronic diagnostics of the vehicle indicate the presence of a fault or problem or service needed in relation to the Vehicle.

4.10 The Client acknowledges that the failure to service the Vehicle at the required service intervals (if applicable) may result in the cancellation of the Vehicle's warranty and/or premature mechanical failure on the Vehicle. In instances where a Vehicle has skipped a service and it can be reasonably established that the skipped service was due to the Client's negligence to have the Vehicle serviced within the specified service intervals, any Waiver option the Client may have taken out shall become null and void and the Client will be liable for any costs required to re-instate the warranty and for any subsequent mechanical damage not covered under warranty.

5. RETURN OF THE VEHICLE / ADDITIONAL EQUIPMENT

5.1 The Client shall return the Vehicle and Additional Equipment (if applicable) at the Client's expense to an authorised representative of Europcar on the agreed return date, time and at the agreed Renting Location reflected on the Rental Agreement. In the event that the Vehicle is not returned as set out in this paragraph, any Waiver option the Client may have taken out shall become null and void in respect of the entire Rental Period.

5.2 The Client acknowledges that failure to return the Vehicle in terms of the agreement shall constitute unlawful possession by him, and Europcar may repossess the Vehicle wherever it may be found and from whomsoever is in possession thereof. Any costs incurred in recovering the Vehicle (including legal costs on the scale of attorney and client), as well as the cost of any additional rental days, will be for the account of the Client.

5.3 Should the Vehicle not be returned as indicated in 5.1 above, the Vehicle may be reported as stolen with the relevant authorities without any notice.

5.4 The Vehicle and Additional Equipment (if applicable) shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted.

5.5 When the Client returns the Vehicle to a Renting Location of Europcar, the Client shall:

5.5.1 Park the Vehicle in Europcar's reserved parking or allocated parking area; and

5.5.2 Ensure that the Vehicle is properly locked and secure; and

5.5.3 Hand the keys to an authorised representative of Europcar or, in the event that the offices are not open for business, leave the keys in a drop safe provided at the offices of Europcar; and

5.5.4 Additional Equipment must be handed in at the Europcar reception desk. Any Additional Equipment that is left in the Vehicle will be at the Client's risk.

5.6 The Vehicle and all risk relating to the Vehicle will remain the responsibility of the Client until Europcar has recorded the return of the Vehicle.

5.7 Fuel for the Vehicle is not included in Europcar's rates. Vehicles are delivered to the Client fully fuelled and the Client is required to return the Vehicle fully fuelled. Fuel consumption is gauged from Europcar depot to depot. In the event that the Client returns the Vehicle not fully fuelled, Europcar will either refuel the Vehicle on behalf of the Client and recover the Fuel Costs from the Client or supply the fuel to the Client and charge the Client for the fuel.

6. TERMINATION/CANCELLATION/EXTENSION OF RENTAL AGREEMENT

6.1 Irrespective of anything to the contrary stated in this Rental Agreement, should there be any breach of the terms and conditions in this rental agreement then Europcar shall be entitled to end this agreement without any explanation at any time by notice (verbally or in writing depending on the situation) to the Client, and when this happens the Client shall return the Vehicle to Europcar immediately.

6.2 If the Client fails to return the Vehicle to Europcar, Europcar shall be entitled at any time to retake possession of the Vehicle, wherever found and from whosoever has possession thereof and any Waiver option the Client may have taken out shall become null and void. The obligations of the Client and the rights of Europcar under this Rental Agreement shall remain in force until the Vehicle has been returned to Europcar in terms of this Rental Agreement and the Client has complied with all his obligations. Any costs incurred in recovering the Vehicle will be for the account of the Client.

6.3 If the Client wishes to extend the Rental Period beyond the return date reflected in the Rental Agreement, notice must be given to Europcar and authorisation first be obtained from Europcar in respect of the extension. Europcar reserves the right to have the Vehicle inspected before authorising the extension of the Rental Period.

6.4 In the event that a debit card was used to pay for the Vehicle, the Client must visit a Europcar branch in order to arrange an extension before the due date of return as set out in the Rental Agreement. Failing to act in accordance with this clause will result in a breach of the Rental Agreement and Europcar will immediately negate all Waivers taken out by the Client for the entire Rental Period and shall be entitled to take any lawful measures, after notice or reasonable attempt to give notice to the Client, to recover the Vehicle from the Client. The Client shall be responsible for all recovery costs.

6. 5 Additional rental days will be charged directly to the Client's account or debit / credit card at the prevailing rate.

7. THE CLIENT/DRIVER /ADDITIONAL DRIVER

7.1 Irrespective of what is stated elsewhere in this Rental Agreement, the Vehicle may not be driven during the Rental Period or any extension thereof by any person who has not been in possession of a valid unendorsed driver's license (in respect of the specific vehicle / code of vehicle rented) for at least 3 years.

7.2 The Client warrants that the Vehicle will never be driven by any person whose blood alcohol concentration exceeds the limit permitted by any law or regulation or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance. The Client further warrants that every driver of the Vehicle will have a valid unendorsed driver's license for at least 3 years to drive the specific vehicle code / type and will comply with all applicable laws and will comply with all of the provisions of this Rental Agreement.

7.3 If the Vehicle is driven by anyone other than the Driver and/or Additional Driver (irrespective of which other rights or remedies Europcar may have), the Client shall remain liable for all of his liabilities and obligations in terms of this Rental Agreement as if he has been driving the Vehicle. In the event the Vehicle is driven by anyone other than the Driver and/or Additional Driver at any time during the Rental Period, any Waiver option the Client may have taken out shall become null and void.

7.4 The Client also warrants that he is entitled and authorised to enter into this Rental Agreement and that all particulars given to Europcar and/or recorded on the Rental Agreement are true and correct.

8. RENTAL RATES AND CHARGES

8.1 The Client agrees to pay Europcar the rental rates plus all other charges and fees opted for or utilised by the Client, as set out in the Rental Agreement, up and until the Vehicle is returned, including but not limited to miscellaneous charges, airport surcharges, tourism levy, Claims Administration Fee, Document Administration Fee, Traffic Fine Administration Fee, Rental Overdue Administration Fee, one way fee, over the border charges, delivery fee (including delivery fuel charges), collection fee, Super or Standard Waiver option charges, Personal Accident Insurance (if applicable), Windscreen and Tyre Waiver, Minor Damage Waiver, Excess Distance Charge, fuel, toll fees, Additional Driver(s) fee, all taxes due and payable on rental rates(which ever of these fees and / or costs may be applicable). A comprehensive schedule of Europcar's rental rates and charges can be viewed on the Website.

8.2 In determining the 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 Europcar in its sole discretion, on any other fair and reasonable basis and the Client shall be obliged to provide all such information and assistance as Europcar may require for that purpose. If the odometer has been tampered with, the kilometres traveled will be deemed to be 1000 kilometres per day.

8.3 The Client shall be liable for all fines (excluding fines issued for expired vehicle licenses), penalties and similar expenses including but not limited to parking, traffic and other offences (whichever may be applicable), as a result of the use of the Vehicle during the Rental Period and the Client accordingly indemnifies Europcar against all such liability. Europcar will re-direct all fines, penalties and / or similar charges directly to the Client for payment and in cases where this is not possible, will add all fines, penalties and / or similar charges that accumulated on the Vehicle during the Rental Period onto the Client's account.

8.4 In the event that any Additional Equipment (if applicable) is lost or damaged, the Client will be liable for the replacement value thereof. The replacement value will be charged to the Client's account or debit / credit card.

8.5 The Client authorises Europcar to insert any Vehicle and/or Rental rate particulars that are not known or are unavailable at the time of signature of the Rental Agreement into the Rental Agreement as soon as such Vehicle and/or rental rate particulars become available.

9. DEPOSITS

9.1 A deposit, as required by Europcar and set out in the Rental Agreement (depending on the method of payment), is payable on signature of the Agreement.

9.2 Europcar may charge the Client's account, credit / debit card at a later time, should there be extra charges which Europcar were not aware of at the issuing of the invoice or if at the initial debit of the Client's account there were insufficient funds to cover the full amount of the invoice. This amount may also be deducted from the deposit. The Client may not withhold payment of any amount outstanding or demand that it be deducted from the deposit paid.

9.3 The deposit, or the remaining balance thereof (after deducting all applicable additional charges), will be refunded to the Client as soon as possible after the Client has complied with all of his obligations in terms of the Rental Agreement, alternatively no later than 21 days after return of the Vehicle.

10. RENTAL REQUIREMENTS AND PAYMENT

10.1 At the time of signing the Rental Agreement, the following must be provided by the Client:

10.1.1 Europcar approved method of payment or South African bank issued credit card / debit card (it however remains within Europcar's sole discretion to accept or decline any method of payment at any time); and

10.1.2 Full names; residential, postal and physical addresses, banking details, telephone number and e-mail address. A local contact address and telephone number must also be provided if the Client is not a citizen in the country in which the Vehicle is rented; and

10.1.3 A valid, original unendorsed driver's licence (held by the holder for at least 3 years) and an original identity document or / an original passport if not in possession of an identity document in the country in which the Vehicle is rented.

10.2 All payments are due on demand, but at the latest on expiry of the Rental Period (unless otherwise agreed in writing). All charges payable by the Client shall be paid by credit / debit card on the termination of the Rental Period, unless the Client has a valid account with Europcar or Europcar requires all or any charges to be prepaid in advance.

10.3 The Client will not be allowed to deduct or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.

10.4 The Client remains liable for payment of any and all amounts due which are not paid or settled in full by the issuer of the card.

10.5 If Europcar has agreed to accept payment of any amount specified on the Rental Agreement from the Client by credit card / debit card, the Client's signature on the Rental Agreement will constitute authority for Europcar to obtain authorisation and / or payment. The signature will also constitute authority for the issuer of the card to debit the cardholder's account with the total amount due to Europcar (including but not limited to damages or loss suffered by Europcar).

10.6 In the event that the Client returns the Vehicle to Europcar before the date due on the Rental Agreement, the Client shall pay either the usual rates and charges applicable to the period and / or kilometres actually used, or the rates and charges as if the full Rental Period and / or kilometres occurred, at the sole but reasonable discretion of Europcar.

10.7 In the event of an accident and / or if the Vehicle is stolen and/or lost, the amount of the damages shall be the total loss suffered by Europcar and / or the amount reflected on the Rental Agreement and will be payable by the Client on such terms as imposed by Europcar at its sole discretion.

10.8 In the event of an accident and/or if the Vehicle is stolen and / or lost, Europcar will be entitled to charge a Claims Administration Fee and assessor's fee (if applicable) on the Client's account, or charge it to the Client's debit / credit card.

10.9 Should the Client disobey any traffic regulation which results in a fine, the fine as well as a fine administration fee will be charged to the Client's account or debit / credit card.

10.10 Daily rates are calculated strictly per Day, from time of delivery of the Vehicle to time of return of the Vehicle.

10.11 Should a Vehicle, in Europcar's sole discretion, require valet cleaning, the valet charges will be billed directly to the Client's account or credit / debit card.

10.12 An additional fee will be charged for any Additional Driver.

10.13 If any amount is not paid on due date, Europcar may without prejudice to any rights it may have charge mora interest on the overdue amount at the applicable prescribed legal rate. The parties agree that this Rental Agreement does not constitute a credit agreement as defined by the National Credit Act, Act 34 of 2005 (herein after referred to as “the Act”) and therefore falls outside the ambit of the Act.

10.14 A certificate of any Director, Manager or Accountant of Europcar, whose capacity need not be proved, as to any amount owed by the Client to Europcar shall constitute prima facie proof of the amount due.

11. PROCEDURE IN THE EVENT OF AN INCIDENT (DAMAGE / THEFT / LOSS) INVOLVING THE VEHICLE

11.1 If at any time the Vehicle is damaged, stolen, or lost, the Client and / or Driver shall take every reasonable precaution to safeguard the interest of Europcar including but not limited to, the following where appropriate:

11.1.1 In the event of theft, hijacking or in the case of a lost Vehicle the incident needs to be reported by the Client to Europcar immediately and to the nearest police station within 6 hours of the incident.

11.1.2 In the event of any Damage to the Vehicle, the Client shall notify Europcar immediately and report the incident to the nearest Police station within 24 hours.

11.1.3 the Client shall furnish Europcar with a completed Europcar Damage / Incident Report form together with a copy of his Driver's license within 24 hours from the incident or theft / hijacking / loss of the Vehicle. The Damage / Incident Report form can be obtained from any Europcar branch or from the Website.

11.1.4 the Client shall furnish Europcar with a Police accident case / reference number within 24 hours of the incident, alternatively from receipt thereof from the Police;

11.1.5 the Client shall obtain the name(s) and addresses of everyone involved in the incident and of possible witnesses;

11.1.6 the Client 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;

11.1.7 the Client shall make reasonable provision for the safety and security of the Vehicle and will not abandon the Vehicle, unless extraordinary circumstances warrant it;

11.1.8 the Client shall co-operate with Europcar and its insurer (if applicable) 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).

11.1.9 in the event that the Client is not the driver, then, without in any way reducing the Client's obligation or Europcar's rights in terms of this Rental Agreement, the Client shall ensure that the person who drove the Vehicle at the time of the incident complies with the provision hereof.

11.1.10 the Client shall within 24 hours of receipt thereof furnish to Europcar (and if the Client is not the Driver, the Client shall also ensure that the Driver / Additional Driver or person who drove the Vehicle at the time of the incident does) any notice of claim, demand, summons or the like which the Client or the Driver / Additional Driver or person who drove the Vehicle at the time of the incident may receive in connection with the Vehicle.

11.1.11 The Client and/or Driver and / or Additional Driver warrants that the information completed in Europcar's Damage / Incident Report form as referred herein above will be complete, true and correct in every respect;

11.1.12 Europcar, at its absolute and sole discretion, reserves the right to provide a replacement Vehicle in the event of damage or loss of the Vehicle. In the event of accident damage to a Vehicle, the Client is liable to settle the applicable Limited Liability (if applicable), alternatively all other amounts due and payable to Europcar (damages, liability etcetera) prior to an alternative Vehicle being provided.

11.1.13 Europcar will not take any responsibility whatsoever for the loss of or damage to a Client's personal belongings.

11.1.14 The Client may not affect any repairs on the Vehicle.

11.1.15 Where the Vehicle is not drivable, the Client must phone Europcar Call Centre (0861 131 000) immediately and an authorised towing company will be appointed to uplift the Vehicle. The Client irrevocably and unconditionally indemnifies Europcar against any charges incurred by unauthorised towing companies and authorities. The Client will be held liable for any charges resulting from unauthorised towing of the Vehicle.

12. CLIENT'S RISKS AND LIABILITIES / WAIVERS

12.1 The Vehicle is rented by the Client at his sole risk, from Delivery of the Vehicle until such time as Europcar has recorded the return of the Vehicle in terms of clause 5.

12.2 The Client shall be liable for all Damages and / or total loss sustained to the Vehicle, whether the damage and / or loss are caused and / or whether or not it is attributable to his fault or negligence (including but not limited to hail damage and other acts of God). The above liability may be reduced by the Client by electing one or more of Europcar's Waiver options.

The Waiver options available to the Client are set out in the table below. Any reference to amounts exclude VAT.

Tyre & Windscreen Waiver

Minor Damage Waiver

Super & Standard Waiver for Theft / Loss

Super & Standard Waiver for Accident Damage

General purpose

To limit the Client’s liability in respect of damage to tyres and windscreen.

To reduce the Client’s costs related to, and time spent on, minor damage below R2 500 and to cover the Client’s liability in respect of the first R2 500 of damage.

To limit the Client’s liability in instances of theft or loss of a Vehicle.

To limit the Client’s liability in respect of damage that is not related to theft or loss of a Vehicle.

Items specifically included

Tyres

Windscreen

All items, except those listed as specifically excluded, up to a maximum of R2 500.

Lost or stolen Vehicles.

All items, except those listed as specifically excluded.

Items specifically excluded

Any damage caused by water.

Any damage to areas other than tyres or windscreen.

Any damage caused by water.

Any damage to the undercarriage of the Vehicle.

Damage to tyres and windscreen.

Lost or stolen vehicles

Any damage caused by water.

Any damage not related to lost or stolen Vehicles.

Any damage caused by water.

Any damage to the undercarriage of the Vehicle.

Damage to tyres and windscreen.

Lost or stolen vehicles

Client contribution required in case of damage

No

Only in cases where damage exceeds R2 500 in total.

Yes. Client contribution in the event that a Vehicle is lost/stolen will be lower if Super Waiver option is selected than if Standard Waiver option is selected.

Yes. Client contribution in the event of damage will be lower if Super Waiver option is selected than if Standard Waiver option is selected.

Claim administration fee and assessor’s costs (if applicable)

No

Only in cases where damage exceeds R2 500 in total.

Yes

Yes

Third party damage covered

No

No

No

Yes. Client will be liable for the first R15 000 of Third Party damage.

Clarifying notes

Windscreen cover does not cover side and back glass, sunroof or any other glass.

Tyre cover does not cover rims or hubcaps.

In cases where damage exceeds R2 500, the Client will be liable for the amount exceeding R2 500; where the Client has also opted for the Super or Standard Waiver for Accident Damage, the client contribution required under such Waiver will be reduced by R2 500.

Client will be responsible for all towing costs and assessment fees, if applicable.

Actions which could result in a breach of the Waiver conditions and the Client being responsible for the total cost of damage

Refer to clause 12.5

12.3 The Client's personal belongings in the Vehicle are not covered by any Waivers.

12.4 Should the Client decline any of Europcar's Waivers and / or is in breach of the terms and conditions of this Rental Agreement or the terms and conditions of the selected Waiver, the Client will be liable for the cost of Europcar's loss or damage as well as all Third Party Damages.

12.5 Europcar's Waivers do not cover any damage to the Vehicle in the event of:

12.5.1 Damage and / or total loss due to Client Driver negligence or deliberate actions;

12.5.2 Damage and / or total loss sustained whilst the Client is in breach of any applicable laws, ordinances, traffic rules and regulations (including speeding and driving whilst under the influence of intoxicating liquor, narcotic drugs or similar substances);

12.5.3 Damage and / or total loss sustained where incidents are not reported in accordance with the procedure specified in this Rental Agreement;

12.5.4 Damage and / or total loss sustained where the incident takes place outside the country in which the Vehicle was rented, unless prior written approval for the Vehicle to be taken outside the country has been obtained from Europcar;

12.5.5 Damage and / or total loss sustained if at any time the Vehicle is driven by an unauthorised driver;

12.5.6 Damage and / or total loss sustained where the Vehicle is driven whilst damaged and the Client should reasonably have been aware of the unsafe or damaged condition of the Vehicle, or used in a manner which prejudices Europcar's interests or rights therein and/or as prohibited in clause 4, in the sole discretion of Europcar;

12.5.7 Damage and / or total loss sustained where the Client was not holding a valid unendorsed Driver's license (in respect of the Vehicle / class of Vehicle rented) for more than 3 years at the time the damage or loss was sustained;

12.5.8 Damage and / or total loss sustained where an extension of the Rental Agreement is not authorised by Europcar and where the Rental Period has expired;

12.5.9 Damage and / or total loss caused as a result of the Vehicle being driven on a road that was not suitable for that Vehicle, as determined in the sole but reasonable discretion of Europcar;

12.5.10 Failure to produce the Vehicle keys in the case of theft of the Vehicle, unless exceptional circumstances apply;

12.5.11 Failure to report the last known location of the Vehicle prior to the theft;

12.5.12 The Client breaching any term and / or condition set out in the Rental Agreement;

12.5.13 The Client being untruthful in respect or any aspect pertaining to the damage causing / loss causing incident.

12.5.14 If the loss or damage has occurred in a situation where no physical contact is made with another vehicle or animal or object or person (in or on the road surface used) unless extraordinary circumstances apply which will be in the sole discretion of Europcar, irrespective if Waivers were opted for;

12.6 The client will be liable for double the Limited Liability amount applicable in the following circumstances:

12.6.1 The damage to the Vehicle is uneconomical to repair; or

12.6.2 Where damage to a Vehicle occur under circumstances where no other Vehicle was involved; or

12.6.3 Stolen or hijacked Vehicles.

13. PERSONAL ACCIDENT INSURANCE (PAI)

13.1 All claims and liability relating to this cover should be directed to Regent Insurance Company Limited. The responsibility rests upon the Client to read and understand the insurance cover offered in the brochure (if applicable). Europcar will not give advice on the product as it is not an insurer.

14. THIRD PARTY PROTECTION

14.1 Should the Client be involved in an accident with a third party, the following will apply:

Party responsible for accident

Super or Standard Waiver for Accident Damage not taken

Super or Standard Waiver for Accident Damage taken

Client (not third party)

Client is liable for full cost of damage, including assessment, towing and claim handling fees. Third Party Damage is claimed from Client directly in his / her own capacity.

Client is liable for the Limited Liability amount applicable to the Waiver and also for the first R15 000.00 of the Third Party Damage, where after Europcar will settle the difference.

Third party (not Client)

Client is liable for full cost of Damage, including assessment, towing and claim handling fees. Client can claim back damage suffered from third party in his / her own capacity.

Client is still liable for the Limited Liability amount applicable to the Waiver. Europcar will attempt to recover the money from the third party and once a successful recovery has been made, will then reimburse the Client for the Limited Liability amount, less a claim administration fee.

14.2 The damage referred to in the table above is limited to the third party's direct damage and excludes any consequential damages or losses.

14.3 Notwithstanding anything in this Rental Agreement, Europcar shall not be obliged to make, institute or proceed with any claim which Europcar 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, Europcar shall be entitled, in its sole discretion, to abandon such claim or to settle such claim on any terms.

15. CONSEQUENTIAL DAMAGES

15.1 Should the Client decline any of Europcar's Waivers and / or is in breach of the terms and conditions of this Rental Agreement and / or the terms and conditions of the selected Waiver, the Client acknowledges and agrees that the Client may be held liable by Europcar for its consequential damages suffered as a result of Europcar being unable to rent the Vehicle due to Damages caused by the Client. The loss for which the Client may be liable shall be calculated on the basis of the daily rental rates in respect of the Vehicle indicated on the Rental Agreement for the period that the Vehicle was unavailable for hire (subject to a maximum of 30 days).

16. CROSS BORDER TRAVELLING

16.1 A letter of authorisation must be requested from Europcar at the time of reservation for all cross border travelling. The Client acknowledges that a cross border charge will be levied on all cross border Rentals.

16.2 Europcar will not be held liable if a Client is refused entry into another country.

16.3 All foreign registered Vehicles will have to pay a cross border charge at the Border and the Client is responsible for the payment of such Cross Border Charge or any other charges that may be applicable.

16.4 Vehicles are only permitted into Botswana, Lesotho, Swaziland, Namibia, Zimbabwe and Mozambique.

16.4.1 A one-way cross border service charge will be levied against the Client for one-way Vehicle rentals. No one-way cross border service, roadside assistance or replacement Vehicles are available for Zimbabwe or Mozambique.

16.4.2 An additional administration fee and / or a full repatriation fee (whichever is applicable) will be levied against the Client should an accident / theft occur outside the borders of the country in which the Vehicle is rented.

17. INDEMNITY OF EUROPCAR BY CLIENT

17.1 Neither Europcar nor any of its shareholders, directors, officers or employees shall be liable for any loss or damage whether direct, indirect, as a result of or otherwise arising from the renting of the Vehicle and or Additional Equipment by the Client, provided such loss or damage was not caused as a result of the gross negligence of Europcar, its shareholders, directors, officers or employees. The loss or damage includes, but are not limited to, any loss or damage to property left or transported in the Vehicle and any loss of life or injury.

17.2 Europcar, its shareholders, directors, officers and employees are accordingly indemnified by the Client, the Driver / Additional Driver or his estate(s) against any claim(s) of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from, or connected with, or as a result of, the renting of the Vehicle and Additional Equipment (if applicable) contemplated in these terms and conditions.

18. JOINT AND SEVERAL LABILITY OF SIGNATORIES, CLIENT AND/OR DRIVER

18.1 The Client and every person (Driver / Additional Driver) whose signature appears on the Rental Agreement shall be liable jointly and severally for payment of all amounts due to Europcar in terms of or pursuant to the Rental Agreement.

19. GENERAL

19.1 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, warranties, promises or the like not recorded by Europcar except as provided for herein.

19.2 In the event that the Rental Agreement is produced in more than one language, the English version will prevail in the event of an interpretational dispute.

19.3 A provision of this Agreement which is invalid or unenforceable for any reason shall be severable from the rest of this Agreement and shall not affect the validity thereof. If any part or portion of this Rental Agreement has been deemed to have been unenforceable in terms of the Competition Act, the Consumer Protection Act, the National Credit Act or other applicable legislation, the effect of which is to adversely affect the rights of Europcar to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same position as they were before or as similar to that as possible.

19.4 No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a relinquishment or otherwise affect any party's rights in terms of this Rental Agreement. It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof at any time and without notice.

19.5 This Rental Agreement and all matters or disputes arising therefrom or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.

19.6 The parties consent to the jurisdiction of the Magistrates Court, should Europcar, at its election, bring legal proceedings in the Magistrate Court, irrespective of whether the amount involved exceeds the jurisdiction of the Magistrates Court. The parties further agree that Europcar may institute any such action or proceedings in any division of the High Court that may have jurisdiction in its sole discretion.

19.7 The Client shall not be entitled to cede any of his rights or assign any of his obligations under this Rental Agreement or to rent or give up possession of the Vehicle, its tools or Additional Equipment or any part of it.

19.8 If Europcar institutes any legal proceedings against the Client, it shall be entitled to recover from the Client all the legal costs it incurred with its own attorneys in accordance with their then usual charges on the scale of attorney and client, including but not limited to collection commission, tracing agent, correspondent fees and counsel fees (as per bar parameters).

19.9 The Client chooses the address (including postal address and e-mail) specified on the Rental Agreement as his domicillium citandi et exectandi (i.e. address for service of all legal processes and notices). All notices and legal processes in terms hereof shall be deemed to be received 7 days after posting, and on the same day if delivered by hand or e-mail.

19.10 Europcar chooses as its domicillium citandi et exectandi 16 Ernest Oppenheimer Avenue, Bruma, Johannesburg, South Africa.

19.11 Europcar shall be entitled to carry out a credit check on a Client with one or more credit agencies who may retain a record thereof and Europcar shall be entitled to record any default by the Client with any credit agency. Such records may be made available by the credit agency to third parties, in which case Europcar shall not be held liable / responsible for any repercussions such disclosure may have on the Client. The Client agrees that Europcar 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.

19.12 The Client acknowledges that the Vehicle may be fitted with a vehicle management system, which is used inter alia, to record speed and other information relating to the Vehicle rented. Europcar shall be entitled to use such information (including in court proceedings) as it deems fit.

19.13 Notwithstanding anything to the contrary, the Client explicitly authorises Europcar to make use of any and all personal information provided to Europcar for purposes of tracing and recovering (which includes triangulation of cellular phones, in accordance with RICA Act, Act 70 of 2002) any Vehicle that is not returned to Europcar at the agreed time and date reflected on the Rental Agreement or during any legal proceeding instituted against the Client.

19.14 By the Client's signature hereto he accepts all the charges charged by Europcar in terms of this Agreement, including any charges relating to loss and damage to the Vehicle.

19.15 Europcar reserves the right, at its sole and absolute discretion and without obligation to provide reasons, to reject any Client's application to rent a Vehicle or accept any method of payment and the Client shall have no recourse against Europcar as a result thereof.

19.16 Europcar confirms that it is compliant with all the provisions of the National Credit Act, Consumer Protection Act, Financial Intelligence Centre Act and Financial Advisory and Intermediary Services Act and will report all incidents required by these Acts when applicable to the relevant authorities.

By signing the Rental Agreement, the Client acknowledges that he has read the terms and conditions set out herein above, understands the legal implications thereof and consider himself legally bound thereto. In the event that the Client does not understand any term or condition set out herein above, he is requested to ask for an explanation thereof from a Europcar authorised representative before signing the Rental Agreement.

Source


1. Definitions and Interpretation

1.1 In this agreement unless the context indicates otherwise:

1.1.1 “Additional Driver” means the person who, in addition to the Driver, is reflected on the Rental Agreement as being permitted by Tempest Car Hire to drive the Vehicle;

1.1.2 “Additional Equipment” means equipment that is not factory fitted in the Vehicle, including but not limited to navigation equipment (GPS), baby seat, bicycle rack etcetera;

1.1.3 “Auto Dealers Guide” means the prevailing Auto Dealers Guide publication containing, amongst other information, the recommended selling prices of motor vehicles;

1.1.4 “Claims Administration Fee” means an administration fee charged by Tempest Car Hire in all instances where a claim needs to be processed in respect of any damages whatsoever, loss of or theft of the Vehicle;

1.1.5 “Client” means all of the persons whose names appear on the Rental Agreement as Client, Driver or Additional Driver;

1.1.6 “Damage(s)” (in relation to the Vehicle and/or Third Party Damage) means the actual costs, including but not limited to towing, transporting and storing the Vehicle, repairing any damage, replacing parts or accessories (without allowing for depreciation), paying an expert to inspect collision damage and report thereon (assessor’s costs), or any other charges incurred related to an incident of whatsoever nature, and includes a Total Loss when applicable;

1.1.7 “Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the Rental Agreement;

1.1.8 “Delivery” means the instance when the Client or his representative takes possession of the keys and/or Vehicle (including Additional Equipment if applicable) at the Renting Location, alternatively any other place stipulated in the Rental Agreement or the terms and conditions;

1.1.9 “Document Administration Fee” means a once-off charge per rental which is used to cover various expenses (including but not limited to storage fees of original documents reflected in the Rental Agreement);

1.1.10 “Driver” means such person who is reflected on the Rental Agreement as being permitted by Tempest Car Hire to drive the Vehicle;

1.1.11 “Extended Period” means any extension of the Rental Period beyond the agreed return date or time reflected on the Rental Agreement and authorised by Tempest Car Hire;

1.1.12 “Excess Distance Charge” means the charge levied against a Client’s account in the event that the Client exceeds the limited daily allowed travel distance, as specified in the Rental Agreement.

1.1.13 “Fuel Costs” means the costs incurred to refuel the Vehicle to a full tank when the Vehicle is returned by the Client (Tempest Car Hire depot to depot);

1.1.14 “Liability” means and includes the amount(s) reflected in the Rental Agreement which is due and payable in respect of the renting of the Vehicle, as well as all amounts in respect of Damage, loss and/or theft (not covered by Waivers) of the Vehicle and any third-party loss or damage (not covered by Waivers);

1.1.15 “Limited Liability Amount” means the reduced amount payable by the Client in the event of loss or damage to a Vehicle to which a Waiver(s) apply;

1.1.16 “Rental Agreement” means the entire Rental Agreement issued by Tempest Car Hire to the Client, including these standard terms and conditions and all other annexures that may be attached thereto (if applicable). Once the Client has signed the Rental Agreement (physically or electronically, whichever may be applicable) it will have the effect of a legal binding agreement between the parties;

1.1.17 “Rental Overdue Administration Fee” means the applicable amount charged to the Client in the event that the Vehicle is not returned by the Client to Tempest Car Hire at the agreed date and time at the expiry of the Rental Period;

1.1.18 The “Rental Period” means the period between the date when the Vehicle is delivered to the Client and the Termination date and time as specified on the Rental Agreement or if such period is extended, the time and date entered on Tempest Car Hire’s records;

1.1.19 The “Renting Location” means Tempest Car Hire’s premises from which the Vehicle is rented by the Client;

1.1.20 “Tempest Car Hire” means Tempest Car Hire, a division of Imperial Group Limited (Registration Number: 1983/009088/06);

1.1.21 “Termination date” means the date reflected in the Rental Agreement upon which the Vehicle must be returned to Tempest Car Hire, alternatively any extended date when the Vehicle needs to be returned to Tempest Car Hire as subsequently agreed upon by and between the parties and so reflected on Tempest Car Hire’s records;

1.1.22 “Third Party Damage” means any claims made by a third party in respect of Damages or loss that the Client has actually or is alleged to have caused to the property and / or vehicle of a third party;

1.1.23 “Total loss” (in relation to a Vehicle) means:

1.1.23.1 Damages (see clause 1.1.6) where the estimated costs of repairs less any salvage (if applicable) are such that the Vehicle is, in the sole and absolute discretion of Tempest Car Hire, uneconomical to repair; or

1.1.23.2 in the case of a stolen and/or lost Vehicle; the retail value as reflected in the Auto Dealers Guide (Clause 1.1.3) or if not reflected therein, the price of a new vehicle, as supplied by the manufacturer as at the date of loss, less any salvage (if applicable);

1.1.24 “Traffic Fine Administration Fee” means an amount levied by Tempest Car Hire as determined by it to administer any traffic fine(s) incurred by the Client whilst Renting the Vehicle as set out in the note to the Rental Agreement;

1.1.25 “Undercarriage” means the supporting framework underneath a Vehicle, and for the purpose of this agreement also parts such as axles, brake lines, sump and exhaust system;

1.1.26 The “Vehicle” means the vehicle and trailer / caravan (if applicable) described in the Rental Agreement including all keys, tyres, tools, equipment, accessories (including e-tag if applicable), Additional Equipment and documents in and on the Vehicle when the Client takes delivery of the Vehicle at the Renting Location, alternatively any other place stipulated in the Rental Agreement, and includes any replacement for the Vehicle which has been officially authorised by Tempest Car Hire, whether or not such replacement was authorised or approved by the Client;

1.1.27 “Waiver” is an agreement between Tempest Car Hire and the Client in terms of which Tempest Car Hire agrees to abandon its right to claim the total amount of Damages from the Client in exchange for an upfront fee. In the event of an accident/theft and/or loss of a Vehicle to which a Waiver applies, the Client’s liability is reduced to the Limited Liability Amount (or to the total amount of Damages if that is less than the Limited Liability Amount);

1.1.28 “Website” means Tempest Car Hire’s official website which can be accessed at www.tempestcarhire.co.za;

1.2 The singular shall include the plural and vice versa, pronouns of any gender shall include those of the other gender and natural persons shall include legal and juristic persons and vice versa.

1.3 If a provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that that it is only stated in the definition clause, effect shall be given to it as if it was a substantive provision in the body of the terms and conditions.

2. Rental of the Vehicle

2.1 The parties agree that Tempest Car Hire rents the Vehicle to the Client, who hires the Vehicle subject to the terms and conditions as set out herein. The Client will be bound by these terms and conditions, whether he was driving the Vehicle or not.

3. Delivery of the Vehicle / Additional Equipment

3.1 Delivery of the Vehicle takes place at the time the Client or his representative takes possession of the keys and/or Vehicle (including Additional Equipment if applicable) at the Renting Location, alternatively any other place stipulated in the Rental Agreement. In the event the Client pays for the Vehicle by debit card, delivery of the Vehicle can only take place at the Renting Location.

3.2 The Vehicle shall be deemed to have been delivered in good order and repair (fair wear and tear excluded) and without any damage (including but not limited to the paintwork, upholstery, tyres, windshield, side glass, lights and accessories) unless any damage to the Vehicle / Additional Equipment is recorded in writing and signed by both parties. In the event that no damage is recorded in writing at the time of delivery of the Vehicle (fair wear and tear excluded), it will be accepted that the Vehicle was delivered to the Client without any damages and any damage recorded at the time of the return of the Vehicle (fair wear and tear excluded) will be for the account of the Client.

3.3 The Client will have no claim against Tempest Car Hire in the event that the Vehicle or Additional Equipment (if applicable) are not available for delivery other than compensation provided in terms of consumer protection legislation.

4. Use of Vehicle

4.1 The Vehicle may only be utilised for the Rental Period, as stated in the Rental Agreement, or any Extended Period agreed upon between the parties.

4.2 The Client agrees that any Extended Period noted on Tempest Car Hire’s records would correctly reflect such Extended Period.

4.3 The Vehicle may only be driven by the Client, Driver or Additional Driver. The Driver or Additional Driver must have his valid unendorsed Driver’s license with him at all time when driving the Vehicle.

4.4 During the Rental Period or any Extended Period thereof, the Vehicle may not be used:

4.4.1 to propel or tow any other vehicle (including any caravan or trailer unless prior written authorisation is provided by Tempest Car Hire); and / or

4.4.2 for the conveyance of passengers and/or goods for payment in violation of any laws or in any other illegal manner; and / or

4.4.3 in any motor sport or similar high risk activity; and / or

4.4.4 beyond the borders of the country in which the Vehicle is rented (unless prior written authorisation is provided by Tempest Car Hire); and / or

4.4.5 in any area where there is or may be a risk or incidents of civil unrest, political disturbance or riot or any activity associated with any of the mentioned.

4.5 The Client shall make adequate provision for the safety and security of the Vehicle when the Vehicle is not in use, in that the Vehicle shall (including but not limited to the following) be kept properly locked, secured and immobilized and have the alarm (if any) activated.

4.6 The Client will make sure that the keys of the Vehicle are under his control at all times.

4.7 Tempest Car Hire will at all times remain the owner of the Vehicle.

4.8 The Client may not use the Vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the Rental Period. In the event the Client uses the Vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the Rental Period, any Waiver option the Client may have taken out shall become null and void.

4.9 The Client shall take all reasonable steps to ensure that the Vehicle remains in good and safe working order, including regularly checking the oil, water and tyre pressure, immediately ceasing use of the Vehicle in the event the Vehicle is damaged or the electronic diagnostics of the vehicle indicate the presence of a fault or problem or service needed in relation to the Vehicle.

4.10 The Client acknowledges that the failure to service the Vehicle at the required service intervals (if applicable) may result in the cancellation of the Vehicle’s warranty and/or premature mechanical failure on the Vehicle. In instances where a Vehicle has skipped a service and it can be reasonably established that the skipped service was due to the Client’s negligence to have the Vehicle serviced within the specified service intervals, any Waiver option the Client may have taken out shall become null and void and the Client will be liable for any costs required to re-instate the warranty and for any subsequent mechanical damage not covered under warranty.

5. Return Of The Vehicle / Additional Equipment

5.1 The Client shall return the Vehicle and Additional Equipment (if applicable) at the Client’s expense to an authorised representative of Tempest Car Hire on the agreed return date, time and at the agreed Renting Location reflected on the Rental Agreement. In the event that the Vehicle is not returned as set out in this paragraph, any Waiver option the Client may have taken out shall become null and void in respect of the entire Rental Period.

5.2 The Client acknowledges that failure to return the Vehicle in terms of the agreement shall constitute unlawful possession by him, and Tempest Car Hire may repossess the Vehicle wherever it may be found and from whomsoever is in possession thereof. Any costs incurred in recovering the Vehicle (including legal costs on the scale of attorney and client), as well as the cost of any additional rental days, will be for the account of the Client.

5.3 Should the Vehicle not be returned as indicated in 5.1 above, the Vehicle may be reported as stolen with the relevant authorities without any notice.

5.4 The Vehicle and Additional Equipment (if applicable) shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted.

5.5 When the Client returns the Vehicle to a Renting Location of Tempest Car Hire, the Client shall:

5.5.1 Park the Vehicle in Tempest Car Hire’s reserved parking or allocated parking area; and

5.5.2 Ensure that the Vehicle is properly locked and secure; and

5.5.3 Hand the keys to an authorised representative of Tempest Car Hire or, in the event that the offices are not open for business, leave the keys in a drop safe provided at the offices of Tempest Car Hire; and

5.5.4 Additional Equipment must be handed in at the Tempest Car Hire reception desk. Any Additional Equipment that is left in the Vehicle will be at the Client’s risk.

5.6 The Vehicle and all risk relating to the Vehicle will remain the responsibility of the Client until Tempest Car Hire has recorded the return of the Vehicle.

5.7 Fuel for the Vehicle is not included in Tempest Car Hire’s rates. Vehicles are delivered to the Client fully fuelled and the Client is required to return the Vehicle fully fuelled. Fuel consumption is gauged from Tempest Car Hire depot to depot. In the event that the Client returns the Vehicle not fully fuelled, Tempest Car Hire will either refuel the Vehicle on behalf of the Client and recover the Fuel Costs from the Client or supply the fuel to the Client and charge the Client for the fuel.

6. Termination/Cancellation/Extension of Rental Agreement

6.1 Irrespective of anything to the contrary stated in this Rental Agreement, should there be any breach of the terms and conditions in this rental agreement then Tempest Car Hire shall be entitled to end this agreement without any explanation at any time by notice (verbally or in writing depending on the situation) to the Client, and when this happens the Client shall return the Vehicle to Tempest Car Hire immediately.

6.2 If the Client fails to return the Vehicle to Tempest Car Hire, Tempest Car Hire shall be entitled at any time to retake possession of the Vehicle, wherever found and from whosoever has possession thereof and any Waiver option the Client may have taken out shall become null and void. The obligations of the Client and the rights of Tempest Car Hire under this Rental Agreement shall remain in force until the Vehicle has been returned to Tempest Car Hire in terms of this Rental Agreement and the Client has complied with all his obligations. Any costs incurred in recovering the Vehicle will be for the account of the Client.

6.3 If the Client wishes to extend the Rental Period beyond the return date reflected in the Rental Agreement, notice must be given to Tempest Car Hire and authorisation first be obtained from Tempest Car Hire in respect of the extension. Tempest Car Hire reserves the right to have the Vehicle inspected before authorising the extension of the Rental Period.

6.4 In the event that a debit card was used to pay for the Vehicle, the Client must visit a Tempest Car Hire branch in order to arrange an extension before the due date of return as set out in the Rental Agreement. Failing to act in accordance with this clause will result in a breach of the Rental Agreement and Tempest Car Hire will immediately negate all Waivers taken out by the Client for the entire Rental Period and shall be entitled to take any lawful measures, after notice or reasonable attempt to give notice to the Client, to recover the Vehicle from the Client. The Client shall be responsible for all recovery costs.

6. 5 Additional rental days will be charged directly to the Client’s account or debit / credit card at the prevailing rate.

7. The Client/Driver /Additional Driver

7.1 Irrespective of what is stated elsewhere in this Rental Agreement, the Vehicle may not be driven during the Rental Period or any extension thereof by any person who has not been in possession of a valid unendorsed Driver’s license (in respect of the specific vehicle / code of vehicle rented) for at least 3 years.

7.2 The Client warrants that the Vehicle will never be driven by any person whose blood alcohol concentration exceeds the limit permitted by any law or regulation or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance. The Client further warrants that every driver of the Vehicle will have a valid unendorsed driver’s license for at least 3 years to drive the specific vehicle code / type and will comply with all applicable laws and will comply with all of the provisions of this Rental Agreement.

7.3 If the Vehicle is driven by anyone other than the Driver and/or Additional Driver (irrespective of which other rights or remedies Tempest Car Hire may have), the Client shall remain liable for all of his liabilities and obligations in terms of this Rental Agreement as if he has been driving the Vehicle. In the event the Vehicle is driven by anyone other than the Driver and/or Additional Driver at any time during the Rental Period, any Waiver option the Client may have taken out shall become null and void.

7.4 The Client also warrants that he is entitled and authorised to enter into this Rental Agreement and that all particulars given to Tempest Car Hire and/or recorded on the Rental Agreement are true and correct.

8. Rental Rates and Charges

8.1 The Client agrees to pay Tempest Car Hire the rental rates plus all other charges and fees opted for or utilised by the Client, as set out in the Rental Agreement, up and until the Vehicle is returned, including but not limited to miscellaneous charges, airport surcharges, tourism levy, Claims Administration Fee, Document Administration Fee, Traffic Fine Administration Fee, Rental Overdue Administration Fee, one way fee, over the border charges, delivery fee (including delivery fuel charges), collection fee, Super or Standard Waiver option charges, Personal Accident Insurance (if applicable), Windscreen and Tyre Waiver, Minor Damage Waiver, Excess Distance Charge, fuel, toll fees, Additional Driver(s) fee, all taxes due and payable on rental rates(which ever of these fees and / or costs may be applicable). A comprehensive schedule of Tempest Car Hire’s rental rates and charges can be viewed on the Website.

8.2 In determining the 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 Tempest Car Hire in its sole discretion, on any other fair and reasonable basis and the Client shall be obliged to provide all such information and assistance as Tempest Car Hire may require for that purpose. If the odometer has been tampered with, the kilometers traveled will be deemed to be 1000 kilometers per day.

8.3 The Client shall be liable for all fines (excluding fines issued for expired vehicle licenses), penalties and similar expenses including but not limited to parking, traffic and other offences (whichever may be applicable), as a result of the use of the Vehicle during the Rental Period and the Client accordingly indemnifies Tempest Car Hire against all such liability. Tempest Car Hire will re-direct all fines, penalties and / or similar charges directly to the Client for payment and in cases where this is not possible, will add all fines, penalties and / or similar charges that accumulated on the Vehicle during the Rental Period onto the Client’s account.

8.4 In the event that any Additional Equipment (if applicable) is lost or damaged, the Client will be liable for the replacement value thereof. The replacement value will be charged to the Client’s account or debit / credit card.

8.5 The Client authorises Tempest Car Hire to insert any Vehicle and/or Rental rate particulars that are not known or are unavailable at the time of signature of the Rental Agreement into the Rental Agreement as soon as such Vehicle and/or rental rate particulars become available.

9. Deposits

9.1 A deposit, as required by Tempest Car Hire and set out in the Rental Agreement (depending on the method of payment), is payable on signature of the Agreement.

9.2 Tempest Car Hire may charge the Client’s account, credit/debit card at a later time, should there be extra charges which Tempest Car Hire were not aware of at the issuing of the invoice or if at the initial debit of the Client’s account there were insufficient funds to cover the full amount of the invoice. This amount may also be deducted from the deposit. The Client may not withhold payment of any amount outstanding or demand that it be deducted from the deposit paid.

9.3 The deposit, or the remaining balance thereof (after deducting all applicable additional charges), will be refunded to the Client as soon as possible after the Client has complied with all of his obligations in terms of the Rental Agreement, alternatively no later than 21 days after return of the Vehicle.

10. Rental Requirements and Payment

10.1 At the time of signing the Rental Agreement, the following must be provided by the Client:

10.1.1 Tempest Car Hire approved method of payment or South African bank issued credit card/ debit card (it however remains within Tempest Car Hire’s sole discretion to accept or decline any method of payment at any time); and

10.1.2 Full names; residential, postal and physical addresses, banking details, telephone number and e-mail address. A local contact address and telephone number must also be provided if the Client is not a citizen in the country in which the Vehicle is rented; and

10.1.3 A valid, original unendorsed driver’s licence (held by the holder for at least 3 years) and an original identity document or / an original passport if not in possession of an identity document in the country in which the Vehicle is rented.

10.2 All payments are due on demand, but at the latest on expiry of the Rental Period (unless otherwise agreed in writing). All charges payable by the Client shall be paid by credit / debit card on the termination of the Rental Period, unless the Client has a valid account with Tempest Car Hire or Tempest Car Hire requires all or any charges to be prepaid in advance.

10.3 The Client will not be allowed to deduct or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.

10.4 The Client remains liable for payment of any and all amounts due which are not paid or settled in full by the issuer of the card.

10.5 If Tempest Car Hire has agreed to accept payment of any amount specified on the Rental Agreement from the Client by credit card or debit card, the Client’s signature on the Rental Agreement will constitute authority for Tempest Car Hire to obtain authorisation and/or payment. The signature will also constitute authority for the issuer of the card to debit the cardholder’s account with the total amount due to Tempest Car Hire (including but not limited to damages or loss suffered by Tempest Car Hire).

10.6 In the event that the Client returns the Vehicle to Tempest Car Hire before the date due on the Rental Agreement, the Client shall pay either the usual rates and 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, at the sole but reasonable discretion of Tempest Car Hire.

10.7 In the event of an accident and/or if the Vehicle is stolen and/or lost, the amount of the damages shall be the total loss suffered by Tempest Car Hire and / or the amount reflected on the Rental Agreement and will be payable by the Client on such terms as imposed by Tempest Car Hire at its sole discretion.

10.8 In the event of an accident and/or if the Vehicle is stolen and/or lost, Tempest Car Hire will be entitled to charge a Claims Administration Fee and assessor’s fee (if applicable) on the Client’s account, or charge it to the Client’s debit / credit card.

10.9 Should the Client disobey any traffic regulation which results in a fine, the fine as well as a fine administration fee will be charged to the Client’s account or debit / credit card.

10.10 Daily rates are calculated strictly per Day, from time of delivery of the Vehicle to time of return of the Vehicle.

10.11 Should a Vehicle, in Tempest Car Hire’s sole discretion, require valet cleaning, the valet charges will be billed directly to the Client’s account or credit / debit card.

10.12 An Additional fee will be charged for any Additional Driver.

10.13 If any amount is not paid on due date, Tempest Car Hire may without prejudice to any rights it may have charge mora interest on the overdue amount at the applicable prescribed legal rate. The parties agree that this Rental Agreement does not constitute a credit agreement as defined by the National Credit Act, Act 34 of 2005 (herein after referred to as “the Act”) and therefore falls outside the ambit of the Act.

10.14 A certificate of any Director, Manager or Accountant of Tempest Car Hire, whose capacity need not be proved, as to any amount owed by the Client to Tempest Car Hire shall constitute prima facie proof of the amount due.

11. Procedure in the Event of an Incident (Damage / Theft / Loss)
Involving the Vehicle

11.1 If at any time the Vehicle is damaged, stolen, or lost, the Client and/or Driver shall take every reasonable precaution to safeguard the interest of Tempest Car Hire including but not limited to, the following where appropriate:

11.1.1 In the event of theft, hijacking or in the case of a lost Vehicle the incident needs to be reported by the Client to Tempest Car Hire immediately and to the nearest police station within 6 hours of the incident.

11.1.2 In the event of any Damage to the Vehicle, the Client shall notify Tempest Car Hire immediately and report the incident to the nearest Police station within 24 hours.

11.1.3 the Client shall furnish Tempest Car Hire with a completed Tempest Car Hire Damage/Incident Report form together with a copy of his Driver’s license within 24 hours from the incident or theft / hijacking / loss of the Vehicle. The Damage / incident report form can be obtained from any Tempest Car Hire branch or from the Website.

11.1.4 the Client shall furnish Tempest Car Hire with a Police accident case / reference number within 24 hours of the incident, alternatively from receipt thereof from the Police;

11.1.5 the Client shall obtain the name(s) and addresses of everyone involved in the incident and of possible witnesses;

11.1.6 the Client 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;

11.1.7 the Client shall make reasonable provision for the safety and security of the Vehicle and will not abandon the Vehicle, unless extraordinary circumstances warrant it;

11.1.8 the client shall co-operate with Tempest Car Hire and its insurer (if applicable) 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).

11.1.9 in the event that the Client is not the driver, then, without in any way reducing the Client’s obligation or Tempest Car Hire’s rights in terms of this Rental Agreement, the Client shall ensure that the person who drove the Vehicle at the time of the incident complies with the provision hereof.

11.1.10 the Client shall within 24 hours of receipt thereof furnish to Tempest Car Hire (and if the Client is not the Driver, the Client shall also ensure that the Driver /Additional Driver or person who drove the Vehicle at the time of the incident does) any notice of claim, demand, summons or the like which the Client or the Driver / Additional Driver or person who drove the Vehicle at the time of the incident may receive in connection with the Vehicle.

11.1.11 The Client and/or Driver and / or Additional Driver warrants that the information completed in Tempest Car Hire’s Damage/Incident Report form as referred herein above will be complete, true and correct in every respect;

11.1.12 Tempest Car Hire, at its absolute and sole discretion, reserves the right to provide a replacement Vehicle in the event of damage or loss of the Vehicle. In the event of accident damage to a Vehicle, the Client is liable to settle the applicable Limited Liability (if applicable), alternatively all other amounts due and payable to Tempest Car Hire (damages, liability etcetera) prior to an alternative Vehicle being provided.

11.1.13 Tempest Car Hire will not take any responsibility whatsoever for the loss of or damage to a Client’s personal belongings.

11.1.14 The Client may not affect any repairs on the Vehicle.

11.1.15 Where the Vehicle is not drivable, the Client must phone Tempest Car Hire Call Centre (0861 836 737) immediately and an authorised towing company will be appointed to uplift the Vehicle. The Client irrevocably and unconditionally indemnifies Tempest Car Hire against any charges incurred by unauthorised towing companies and authorities. The Client will be held liable for any charges resulting from unauthorised towing of the Vehicle.

12. Client’s Risks and Liabilities / Waivers

12.1 The Vehicle is rented by the Client at his sole risk, from Delivery of the Vehicle until such time as Tempest Car Hire has recorded the return of the Vehicle in terms of clause 5.

12.2 The Client shall be liable for all Damages and/or total loss sustained to the Vehicle, whether the damage and/or loss are caused and / or whether or not it is attributable to his fault or negligence (including but not limited to hail damage and other acts of God). The above liability may be reduced by the Client by electing one or more of Tempest Car Hire’s Waiver options.

The Waiver options available to the Client are set out in the table below. Any reference to amounts exclude VAT.

Tyre & Windscreen Waiver

Minor Damage Waiver

Super & Standard Waiver for Theft/Loss

Super & Standard Waiver for Accident Damage

General purpose

To limit the Client’s liability in respect of damage to tyres and windscreen.

To reduce the Client’s costs related to, and time spent on, minor damage below R2 500 and to cover the Client’s liability in respect of the first R2 500 of damage.

To limit the Client’s liability in instances of theft or loss of a Vehicle.

To limit the Client’s liability in respect of damage that is not related to theft or loss of a Vehicle.

Items specifically included

Tyres

Windscreen

All items, except those listed as specifically excluded, up to a maximum of R2 500.

Lost or stolen Vehicles.

All items, except those listed as specifically excluded.

Items specifically excluded

Any damage caused by water.

Any damage to areas other than tyres or windscreen.

Any damage caused by water.

Any damage to the undercarriage of the Vehicle.

Damage to tyres and windscreen.

Lost or stolen vehicles

Any damage caused by water.

Any damage not related to lost or stolen Vehicles.

Any damage caused by water.

Any damage to the undercarriage of the Vehicle.

Damage to tyres and windscreen.

Lost or stolen vehicles

Client contribution required in case of damage

No

Only in cases where damage exceeds R2 500 in total.

Yes. Client contribution in the event that a Vehicle is lost/stolen will be lower if Super Waiver option is selected than if Standard Waiver option is selected.

Yes. Client contribution in the event of damage will be lower if Super Waiver option is selected than if Standard Waiver option is selected.

Claim administration fee and assessor’s costs (if applicable)

No

Only in cases where damage exceeds R2 500 in total.

Yes

Yes

Third party damage covered

No

No

No

Yes. Client will be liable for the first R15 000 of Third Party damage.

Clarifying notes

Windscreen cover does not cover side and back glass, sunroof or any other glass.

Tyre cover does not cover rims or hubcaps.

In cases where damage exceeds R2 500, the Client will be liable for the amount exceeding R2 500; where the Client has also opted for the Super or Standard Waiver for Accident Damage, the client contribution required under such Waiver will be reduced by R2 500.

Client will be responsible for all towing costs and assessment fees, if applicable.

Actions which could result in a breach of the Waiver conditions and the Client being responsible for the total cost of damage

Refer to clause 12.5

12.3 The Client’s personal belongings in the Vehicle are not covered by any Waivers.

12.4 Should the Client decline any of Tempest Car Hire’s Waivers and/or is in breach of the terms and conditions of this Rental Agreement or the terms and conditions of the selected Waiver, the Client will be liable for the cost of Tempest Car Hire’s loss or damage as well as all Third Party Damages.

12.5 Tempest Car Hire’s Waivers do not cover any damage to the Vehicle in the event of:

12.5.1 Damage and/or total loss due to Client Driver negligence or deliberate actions;

12.5.2 Damage and/or total loss sustained whilst the Client is in breach of any applicable laws, ordinances, traffic rules and regulations (including speeding and driving whilst under the influence of intoxicating liquor, narcotic drugs or similar substances);

12.5.3 Damage and/or total loss sustained where incidents are not reported in accordance with the procedure specified in this Rental Agreement;

12.5.4 Damage and/or total loss sustained where the incident takes place outside the country in which the Vehicle was rented, unless prior written approval for the Vehicle to be taken outside the country has been obtained from Tempest Car Hire;

12.5.5 Damage and/or total loss sustained if at any time the Vehicle is driven by an unauthorised driver;

12.5.6 Damage and/or total loss sustained where the Vehicle is driven whilst damaged and the Client should reasonably have been aware of the unsafe or damaged condition of the Vehicle, or used in a manner which prejudices Tempest Car Hire’s interests or rights therein and/or as prohibited in clause 4, in the sole discretion of Tempest Car Hire;

12.5.7 Damage and/or total loss sustained where the Client was not holding a valid unendorsed Driver’s license (in respect of the Vehicle / class of Vehicle rented) for more than 3 years at the time the damage or loss was sustained;

12.5.8 Damage and/or total loss sustained where an extension of the Rental Agreement is not authorised by Tempest Car Hire and where the Rental Period has expired;

12.5.9 Damage and/or total loss caused as a result of the Vehicle being driven on a road that was not suitable for that Vehicle, as determined in the sole but reasonable discretion of Tempest Car Hire;

12.5.10 Failure to produce the Vehicle keys in the case of theft of the Vehicle, unless exceptional circumstances apply;

12.5.11 Failure to report the last known Location of the Vehicle prior to the theft;

12.5.12 The Client breaching any term and / or condition set out in the Rental Agreement;

12.5.13 The Client being untruthful in respect or any aspect pertaining to the damage causing / loss causing incident.

12.5.14 If the loss or damage has occurred in a situation where no physical contact is made with another vehicle or animal or object or person (in or on the road surface used) unless extraordinary circumstances apply which will be in the sole discretion of Tempest Car Hire, irrespective if Waivers were opted for;

12.6 The client will be liable for double the Limited Liability amount applicable in the following circumstances:

12.6.1 The damage to the Vehicle is uneconomical to repair; or
12.6.2 Where damage to a Vehicle occur under circumstances where no other Vehicle was involved; or

12.6.3 Stolen or hijacked Vehicles.

13. Personal Accident Insurance (PAI)

13.1 All claims and liability relating to this cover should be directed to Regent Insurance Company Limited. The responsibility rests upon the Client to read and understand the insurance cover offered in the brochure (if applicable). Tempest Car Hire will not give advice on the product as it is not an insurer.

14. Third Party Protection

14.1 Should the Client be involved in an accident with a third party, the following will apply:

Party responsible for accident

Super or Standard Waiver for Accident Damage not taken

Super or Standard Waiver for Accident Damage taken

Client (not third party)

Client is liable for full cost of damage, including assessment, towing and claim handling fees. Third Party Damage is claimed from Client directly in his/her own capacity.

Client is liable for the Limited Liability amount applicable to the Waiver and also for the first R15 000.00 of the Third Party Damage, where after Europcar will settle the difference.

Third party (not Client)

Client is liable for full cost of Damage, including assessment, towing and claim handling fees. Client can claim back damage suffered from third party in his/her own capacity.

Client is still liable for the Limited Liability amount applicable to the Waiver. Europcar will attempt to recover the money from the third party and once a successful recovery has been made, will then reimburse the Client for the Limited Liability amount, less a claim administration fee.

14.2 The damage referred to in the table above is limited to the third party’s direct damage and excludes any consequential damages or losses.

14.3 Notwithstanding anything in this Rental Agreement, Tempest Car Hire shall not be obliged to make, institute or proceed with any claim which Tempest Car Hire 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, Tempest Car Hire shall be entitled, in its sole discretion, to abandon such claim or to settle such claim on any terms.

15. Cross Border Travelling

15.1 A letter of authorisation must be requested from Tempest Car Hire at the time of reservation for all cross border travelling. The Client acknowledges that a cross border charge will be levied on all cross border Rentals.

15.2 Tempest Car Hire will not be held liable if a Client is refused entry into another country.

15.3 All foreign registered Vehicles will have to pay a cross border charge at the Border and the Client is responsible for the payment of such Cross Border Charge or any other charges that may be applicable.

15.4 Vehicles are only permitted into Botswana, Lesotho, Swaziland, Namibia, Zimbabwe and Mozambique.

15.4.1 A one-way cross border service charge will be levied against the Client for one-way Vehicle rentals. No one-way cross border service, roadside assistance or replacement Vehicles are available for Zimbabwe or Mozambique.

15.4.2 An additional administration fee and / or a full repatriation fee (whichever is applicable) will be levied against the Client should an accident/theft occur outside the borders of the country in which the Vehicle is rented.

16. Indemnity of Tempest Car Hire by Client

16.1 Neither Tempest Car Hire nor any of its shareholders, directors, officers or employees shall be liable for any loss or damage whether direct, indirect, as a result of or otherwise arising from the renting of the Vehicle and or Additional Equipment by the Client, provided such loss or damage was not caused as a result of the gross negligence of Tempest Car Hire, its shareholders, directors, officers or employees. The loss or damage includes, but are not limited to, any loss or damage to property left or transported in the Vehicle and any loss of life or injury.

16.2 Tempest Car Hire, its shareholders, directors, officers and employees are accordingly indemnified by the Client, the Driver / Additional Driver or his estate(s) against any claim(s) of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from, or connected with, or as a result of, the renting of the Vehicle and Additional Equipment (if applicable) contemplated in these terms and conditions.

17. Joint and Several Lability of Signatories, Client and/or Driver

17.1 The Client and every person (Driver / Additional Driver) whose signature appears on the Rental Agreement shall be liable jointly and severally for payment of all amounts due to Tempest Car Hire in terms of or pursuant to the Rental Agreement.

18. General

18.1 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, warranties, promises or the like not recorded by Tempest Car Hire except as provided for herein.

18.2 In the event that the Rental Agreement is produced in more than one language, the English version will prevail in the event of an interpretational dispute.

18.3 A provision of this Agreement which is invalid or unenforceable for any reason shall be severable from the rest of this Agreement and shall not affect the validity thereof. If any part or portion of this Rental Agreement has been deemed to have been unenforceable in terms of the Competition Act, the Consumer Protection Act, the National Credit Act or other applicable legislation, the effect of which is to adversely affect the rights of Tempest Car Hire to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same position as they were before or as similar to that as possible.

18.4 No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a relinquishment or otherwise affect any party’s rights in terms of this Rental Agreement. It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof at any time and without notice.

18.5 This Rental Agreement and all matters or disputes arising therefrom or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.

18.6 The parties consent to the jurisdiction of the Magistrates Court, should Tempest Car Hire, at its election, bring legal proceedings in the Magistrate Court, irrespective of whether the amount involved exceeds the jurisdiction of the Magistrates Court. The parties further agree that Tempest Car Hire may institute any such action or proceedings in any division of the High Court that may have jurisdiction in its sole discretion.

18.7 The Client shall not be entitled to cede any of his rights or assign any of his obligations under this Rental Agreement or to rent or give up possession of the Vehicle, its tools or Additional Equipment or any part of it.

18.8 If Tempest Car Hire institutes any legal proceedings against the Client, it shall be entitled to recover from the Client all the legal costs it incurred with its own attorneys in accordance with their then usual charges on the scale of attorney and client, including but not limited to collection commission, tracing agent, correspondent fees and counsel fees (as per bar parameters)

18.9 The Client chooses the address (including postal address and e-mail) specified on the Rental Agreement as his domicillium citandi et exectandi (i.e. address for service of all legal processes and notices). All notices and legal processes in terms hereof shall be deemed to be received 7 days after posting, and on the same day if delivered by hand or e-mail.

18.10 Tempest Car Hire chooses as its domicillium citandi et exectandi 16 Ernest Oppenheimer Avenue, Bruma, Johannesburg, South Africa.

18.11 Tempest Car Hire shall be entitled to carry out a credit check on a Client with one or more credit agencies who may retain a record thereof and Tempest Car Hire shall be entitled to record any default by the Client with any credit agency. Such records may be made available by the credit agency to third parties, in which case Tempest Car Hire shall not be held liable/responsible for any repercussions such disclosure may have on the Client. The Client agrees that Tempest Car Hire 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.

18.12 The Client acknowledges that the Vehicle may be fitted with a vehicle management system, which is used inter alia, to record speed and other information relating to the Vehicle rented. Tempest Car Hire shall be entitled to use such information (including in court proceedings) as it deems fit.

18.13 Notwithstanding anything to the contrary, the Client explicitly authorises Tempest Car Hire to make use of any and all personal information provided to Tempest Car Hire for purposes of tracing and recovering (which includes triangulation of cellular phones, in accordance with RICA Act, Act 70 of 2002) any Vehicle that is not returned to Tempest Car Hire at the agreed time and date reflected on the Rental Agreement or during any legal proceeding instituted against the Client.

18.14 By the Client’s signature hereto he accepts all the charges charged by Tempest Car Hire in terms of this Agreement, including any charges relating to loss and damage to the Vehicle.

18.15 Tempest Car Hire reserves the right, at its sole and absolute discretion and without obligation to provide reasons, to reject any Client’s application to rent a Vehicle or accept any method of payment and the Client shall have no recourse against Tempest Car Hire as a result thereof.

18.16 Tempest Car Hire confirms that it is compliant with all the provisions of the National Credit Act, Consumer Protection Act, Financial Intelligence Centre Act and Financial Advisory and Intermediary Services Act and will report all incidents required by these Acts when applicable to the relevant authorities.

By signing the Rental Agreement, the Client acknowledges that he has read the terms and conditions set out herein above, understands the legal implications thereof and consider himself legally bound thereto. In the event that the Client does not understand any term or condition set out herein above, he is requested to ask for an explanation thereof from a Tempest Car Hire authorised representative before signing the Rental Agreement.

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Website Terms & Conditions dated as at 20th September 2014

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