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Durban

Durban

Tel: 032 - 436 0099

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Tel: 021 935 0240

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Johannesburg

Tel: 011 - 390 2932

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Pietermaritzburg

Pietermaritzburg

Tel: 033 - 386 2941    

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Legal Information

STANDARD TERMS AND CONDITIONS OF RENTAL
THESE ARE IMPORTANT CONDITIONS LIMITING YOUR RIGHTS WHICH YOU SHOULD READ CAREFULLY

1. INTERPRETATION

1.1. In this agreement unless the context indicates otherwise

1.1.1. “Additional driver” refers to such other person/s who are duly authorized (and nominated by the renter before the vehicle is rented) to drive the rented vehicle and whose name(s) appears in the contract as an additional driver.

1.1.2. “Capital” means: CAPITAL CAR RENTAL in Southern Africa as well as its licensees and sub-licensees

1.1.3. “Auto Dealers Guide” means: Mead & McGrouther’s (M&M’s) publication containing, inter alia, recommended selling prices of motor vehicles

1.1.4. “Box” shall be a reference to a box in the contract.

1.1.5. “Claims Admission Fee” means: An Administration Fee charged in all cases where a vehicle is returned to Capital Car Rental with any damage(s) whatsoever, in order to process and administrate said damages)

1.1.6. “Contract Fee” means; a once-off charge per rental to cater for inter alia storage fees of the Original Documents

1.1.7. “Damages” (in relation to the vehicle] includes the actual expenditure in lowing, transporting and storing the vehicle, repairing and damage (including tyre and rim damage), replacing parts or accessories (without allowing (or depreciation), remunerating an expert to inspect collision damage and report thereon, and reimbursing such expert (an invoice or quotation produced by Capital Car Rental to be prima facie proof of any expenditure);

1.1.8. “Extended period” means: any period extending beyond the date in the contract for which the vehicle is not returned to Capital Car Rental for whatever reason;

1.1.9. “Territorial limit” means: the Republic of South Africa as well as the areas in which the licensees and sub-licensees operate;

1.1.10. “The official rates brochure” means: official brochure on rental rates and other general information issued by Capital Car Rental from time to time and which is current at the commencement of the rental period

1.1.11. “The rental period” means: the period from the time/date the vehicle is delivered to the renter or indicated in the contract at the renting location until its return by the renter to a Capital Car Rental employee, alternatively when the keys are deposited in a marked “drop box” when the car is returned after normal business hours

1.1.12. “The renter” means: all of the persons, jointly and severally, whose names and/or Capital Car Rental account numbers are reflected in the contract;

1.1.13. “The renting location” means: The Capital Car Rental location from which the vehicle is rented by the renter

1.1.14. “The contract” means: the Renting Schedule (to which these terms and conditions are annexed) issued by Capital Car Rental to the renter and signed by the renter in respect of the vehicle rented by Capitol Car Rental to the renter and which will have the effect of a legal binding contract between the parties, and is deemed to be read with these standard terms and conditions;

1.1.15. “the vehicle” means: the vehicles described in the contract (including all tyres, toots, equipment, accessories and documents in and on the vehicle when the renter takes delivery of the vehicle at the tenting location) and includes any replacement for the vehicle has been officially authorised by Capital Car Rental, whether or not such replacement was authorised or approved by the renter

1.1.16. “Traffic fine Administration Fee” means; an amount levied (included in the contract) to administer and traffic fine(s) received by the renter while renting the vehicle;

1.1.17. “Total loss” means; (in [elation to a vehicle) means either

1.1.17.1. Damage such that the estimated costs of repairs is in the opinion of Capital Car Rental uneconomical in relation to the value of the vehicle and condition of the vehicle for the time being; or

1.1.17.2. Damage which has been declared to be d total loss by Capital Car Rental or any expert nominated by it; or

1.1.17.3. Theft/ total loss or the vehicle;

1.2. The singular shall include the plural and vice verso, the masculine gender shall include the feminine gender and vice versa and natural persons should include legal and juristic persons and vice versa

2. RENTAL CHARGES

2.1. The rental charges payable by the renter for the use of the vehicle shall

2.1.1. Be a rental calculated for the whole of the rental period at the rates and on the basis specified in the contract read with the official rates brochure

2.1.2. Be all other charges for the services or benefits opted for or utilised by the renter for the whole of the rental period as contemplated in the contract including, but not limited to the charged referred to in the contract (miscellaneous charges/ airport surcharges/ tourism levy/ Accident Administration Fee/Contract Fee/ Traffic Fine Administration Fee), (one way fee), (delivery fee), (collection fee), (collision damage waiver fee), theft loss waiver fee), (personal accident insurance), (refuelling charge where vehicle is returned with less fuel than when rented, unless the Fuel Sold Out option (FSO) was purchased, each to which shall, subject to 2.3, be calculated at the rates and/or on the basis specified in the box applicable to it);

2.1.3. Include all taxes levied on any amounts payable by the renter

2.2. In determining the rental charges, the distance travelled by the vehicle (where required) shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by on any other fair and reasonable basis and the renter shall be obliged to furnish ail such information and assistance as Capital Car Rental may reasonably require for that purpose

2.3. If during the rental period, the renter received any service or benefit contemplated in the contract, but for which no basis for charging is specified, then the renter shall pay 0 charge determined on the basis specified, on Capital Car Rental standard rates applicable at that time in respect of the particular service or benefit

2.4. The renter shall also be liable for all fines, penalties and like expenses (including all attorney and client costs incurred by Capital Car Rental to its attorneys in addressing expenses) including but not limited to parking, traffic and other offences, arising out or concerning the use of the vehicle during the rental period and the renter accordingly indemnifies Capital Car Rental against all such liability

2.5. 5 All charges payable by the renter shall be payable in cash or by means of credit card on the termination of the rental period unless Capital Car Rental requires all or any of the charges to be prepaid in advance as specified in contract

2.6. If any amount is not paid on due date Capital Car Rental, may without prejudice to any rights it may have, charge interest on the overdue amount at a rate equal to the highest of the “annual finance charge rates” then permitted for “leasing transactions” in terms of the Usury Act 1968 as amended

2.7. A certificate of any Director, Manager or Accountant of Capital Car Rental as to any amount owed by the renter to Capital Car Rental shall constitute prima facie to proof of that amount

2.8. If Capital Car Rental as agreed to accept payment from the renter by credit card or charge card specifies in the contract, the renter’s signature of this agreement in the contract shall constitute authority for the issuer of the card to debit him with the total amount due(including but not limited to any damage(s) amount(s) due

3. RENTING

3.1. Capita! Car Rental rents to the renter, who hires the vehicle subject to the standard terms and conditions applicable at the time or the rental.

4. DELIVERY AND RETURN

4.1. The renter shall take delivery of the vehicle at any respective renting location, the vehicle shall be deemed to have been delivered in good order and repair and without any damage to the paintwork, upholstery and fittings. Any damage not reflected in the contract and initialled for by both parties will be deemed new damage. The said damage will be for the account of the renter as per the rental terms and conditions

4.2. 2 the renter shall, at the renter’s cost, return the vehicle to Capital Car Rental at the agreed return date/time specified in the contract, or of this agreement is terminated at any time before then for any reason, then immediately after such termination

4.3. The vehicle shall be returned to Capital Car Rental, in the some city or town as the renting location

4.4. Without derogating from anything in this agreement, on the expiry or termination of this agreement for any reason. Capital Car Rental shall be entitled to take possession of the vehicle wherever it may be located and from whoever may then be in possession (any costs incurred by Capital Car Rental to retrieve the vehicle will be for the account of the renter)

5. USE OF VEHICLE DURING RENTAL PERIOD

5.1. 1 the vehicle may not be used for the conveyance, (whether of passengers or goods), (excluding vehicles rented for the purpose of conveying goods in the ordinary course of business, Provided that the goods conveyed does not exceed the maximum tonnage permitted in respect of that particular vehicle) for reward, to transport goods in violation of any customs laws in any other illegal manner; in any motor sport or similar high risk activity; beyond the borders of the territory unless authorised by Capital Car Rental in writing; or in any area in the territory where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the foregoing

5.2. The renter shall make adequate provision for the safety and security of the vehicle and. In particular, but without limiting the generality of the foregoing, he shall keep the vehicle property locked and secured and immobilised and the burglar alarm (if any) activated and any anti-theft device supplied by Capital Car Rental properly secured and in place when the vehicle is not in use

5.3. The renter will make sure that the keys of the vehicle ore under the renter’s/additional driver’s control at all times

6. THE DRIVER

6.1. 1 During the rental period the vehicle may not be driven by any other person than the renter himself, except where subject to any limitations or qualifications set out in the official rates brochure, such other person is listed and disclosed as additional driver in the contract

6.2. Notwithstanding anything else to the contrary in clause 6.1 above, the vehicle may not be driven by any person under the age of 23 years or, where the renter is any person under the age of 21 years

6.3. The renter warrants that in any event the vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or of a narcotic drug or smaller substance and that every driver of the vehicle will have a valid licence to drive the vehicle, will comply with all applicable laws and will comply in all respects with the provisions of this agreement

6.4. If the vehicle is driven by anyone other than the renter, then, without derogating from any rights or remedies which Capital car Rental may have

6.4.1. The renter shall remain liable for all his obligations in terms of this agreement and in particular, he shall be liable to Capital Car Rental as if he had been the driver;

And

6.4.2. Where the vehicle is not driven by a person referred to in 6.2, the renter shall not be entitled to exercise in terms of this agreement

7. LIABILITY FOR COLLISION DAMAGE WAIVER (CDW), THEFT LOSS (TLW) AND PERSONAL ACCIDENT INSURANCE (PAI)

7.1. The vehicle shall be at the sole risk of the renter throughout the rental period

7.2. The renter shall be liable for any loss of or damage to the vehicle and any other expenses incurred in recovering the vehicle during the rental period, howsoever the loss or damage is caused and whether or not is attributable to his fault or negligence, (including but not limited to hail damage) provided that if none of the situations or circumstances set out in 8.3 applicable, the renter’s liability in respect of each incident giving rise to such loss or damage, as the case may be, shall be limited as follows

7.2.1. If he will have declined collision damage waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract or, if no such amount is so specified, to the amount specified in the official rates brochure

7.2.2. If he will have accepted collision damage waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract or if no such amount is so specified to the amount specified In the official rates brochure, and will be reduced further to the extent, if any, specified In the official rates brochure

7.2.3. If he will have declined theft loss waiver as indicated by his signature in the contract his liability will be limited to the amount specified in the contract or, if no such amount is so specified to in the official rates brochure

7.2.4. If he will have accepted theft loss waiver as indicated by his signature in the contract his liability will be limited to the amount specified In the contract or if no such amount is so specified to the amount specified in the official rates brochure, and will be reduced further to the extent, if any, specified In the official rates brochure

7.2.5. If the loss or damage occurs or the expenses in question are incurred In a country or territory outside of the Republic of South Africa, then, notwithstanding the previsions

Of 7.2.1 to 7.2.4 above, his liability will be limited to the relevant amount or percentage specified in the official rates brochure from a Capital Car Rental location in the other country or territory in question

7.3. The renter’s liability shall not be limited as set out in 7.2.1 to 7.2.4 if

7.3.1. The loss or damage or the event giving rise thereto was caused by the fault or negligence of the renter or the driver (whether authorised or not) of the vehicle; or

7.3.2. The loss or damage or the event giving rise thereto occurred in a situation where no other vehicle or animal or object or person (in or on the road surface) was involved (i.e. Physical contact was made with any of the above mentioned), unless the renter is able to prove that the loss or damage or the event giving rise thereto was not caused by the fault or negligence of the driver (whether authorised or not) of the vehicle; or

7.3.3. At the time of the occurrence of the loss or damage or the event giving rise thereto

7.3.3.1. The vehicle was being driven on a road that was not tarred, or general which condition was not suitable for the intended manufacture of the vehicle; or

7.3.3.2. The vehicle was being used for a purpose not prohibited In terms of 5.1 or was being driven in contrary to any other provision of 5.1 or;

7.3.3.3. The vehicle was being driven by a person not authorised to do so In terms of 6.1 to 6.3; Or

7.3.4. In the case of theft or loss of or from the vehicle or damage to the vehicle, the renter was in breach of 5.2 and 5.3 or

7.3.5. 5 without derogating from any of the foregoing, the renter was in material breach or was committing a material breach of this agreement; or

7.3.6. After the occurrence of the loss or damage or the event giving rise thereto, the renter breaches any of the provisions of 9

7.3.7. The loss or damage or the event giving rise thereto was caused by any person whomsoever during the loading of goods into and/or from the vehicle, whether allowed in terms of this agreement or not

7.4. Accordingly, where 7.3 is applicable, the renter shall pay to Capital Car Rental the cost of the repairs to the vehicle or, if the vehicle or any part of it has been stolen or damaged beyond economic repair, the fair market value thereof, before the damage occurred as determined by the M&M Auto Dealers Guide

7.5. If the renter accepts the purchase of personal accident insurance or indicated in the contract, his acceptance shall constitute an acceptance by him of the benefit of the personal accident insurance policy and other accompanying arrangements, if any procured by Capital Car Rental for his benefit but subject to all the terms and conditions of that policy and the other accompanying arrangements, if any, and the renter acknowledges that Capital Car Rental itself shall not under any circumstances have any liability to him under or for any of the benefits under that policy or the accompanying arrangements, if any. Details of the policy and a separate explanatory brochure (and details of the other accompanying arrangements, if any) are availa6le for inspection by the renter at Capital Car Rental’s Head Office and the renter shall in any event be deemed to be aware of all the terms and conditions of the policy and the other arrangements, if any

7.6. Notwithstanding anything in this agreement, Capital Car Rental shall not be obliged to make, institute or proceed with any claim which Capital Car Rental may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the vehicle and. according*/. Capital car Rental shall be entitled, in its (air reasonable discretion. to abandon such claim or to settle such claim on any terms

8. RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE

8.1. If during the rental period the vehicle is involved in any accident or collision or is lost or the vehicle or any part of it is stolen the renter shall take every reasonable precaution to safeguard the interest of Capital Car Rental including but without being limited to, the following where appropriate:

8.1.1. He shall notify Capital Car Rental immediate or within 3 hours of the occurrence;

8.1.2. He shall obtain the name(s) and addresses of everyone involved and of possible witnesses

8.1.3. He shall not admit any responsibility or liability nor release any party from any liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability

8.1.4. He shall notify the police within twenty-four hours of the occurrence in question

8.1.5. Within twenty-four hours of the occurrence in question, he shall complete and furnish to Capital Car Rental, Capital Car Rental’s standard claim form that is printed on the reverse side of the schedule, alternatively a copy thereof obtained from Capital Car Rental

8.1.6. Within twenty-four hours of an accident to or theft of loss of or from the vehicle, he shall submit a copy of his driver’s licence to Capital car Rental;

8.1.7. He shall make adequate provision for the safety and security of the vehicle

8.1.8. 8 he shall co-operate with Capital Car Rentals and its insurer in the investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to the incident (including the making of an affidavit if he is requested to do so

8.2. If the renter is not the driver, then, without in any way derogating from the renter’s obligations In terms of this clause 8, the renter shall procure that the complies with the provisions of 8.1 and the renter warrants that the driver will do so

8.3. The renter shall within 24 hours of receipt thereof furnish to capital car Rental (and if the renter is not the driver, the renter shall also procure that the driver within 24 hours or receipt thereof furnishes to Capital car Rental any notice of claim, demand, summons, or the like which the renter or the driver may receive in connection the vehicle

8.4. The renter warrants that the information completed In Capital car Rentals’ claim form as referred to in 8.1.5 will be complete, true and correct in even/ respect

9. BREACH

9.1. Breach of contract occurs, but is not limited to. When

9.1.1. The vehicle is not returned by the renter as specified in clause 1.1.12; or

9.1.2. The vehicle is driven by a person not listed as an additional driver as specified in clause 6.1 or

9.1.3. The loss or damage or the event giving rise to thereto occurred in a situation where

9.1.3.1. No other vehicle, anima.1, object or person was involved as set out in 7.3.2

Or

9.1.3.2. The vehicle was being on a road that was not tarred, or which condition was not suitable for the intended manufacture of the vehicle or

9.1.3.3. The vehicle was being used for a purpose not prohibited as specified in clause 7.3.3 hereof; or

9.1.3.4. The vehicle (at the time of the collision) was driven by any person whose blood alcohol concentration exceeded the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or of a narcotic drug; or

9.1.3.5. The renter breaches any material term or condition of this agreement

9.2. In amplification of 9.1 where such breach occurs, and if the vehicle is damaged or stolen, the renter shall become liable for the total repair costs or replacement costs as applicable. For the purposes of calculating such loss reference shall be made to the M&M

Auto Guide as specified in clause 1.1.3 hereof

10. TERMINATION

10.1. Notwithstanding anything to the contrary in this agreement. Capital Car Rental may terminate this agreement at any time by notice (verbal or in writing depending on the situation) to the renter. Hereupon the renter shall return the vehicle to Capital Car Rental forthwith. The obligations of the renter and the rights of Capital Car Rental under this agreement shall continue in effect until the vehicle has been returned to Capital Car Rental and the renter has complied with all his obligations

11. GENERAL

11.1. This document contains 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 (other than Capital Car Rental extending the agreed return date) not recorded herein and signed by or on behalf of the renter and a Director of Capital Car Rental

11.2. The renter authorises Capital Car Rental to insert any particulars in the agreement and or on the schedule which are not known or are unavailable at the time of signature in order to rectify any bona fide errors in any fact, figure or calculation

11.3. This agreement and all matters or disputes arising there from or Incidental thereto shall be governed and construed in accordance with the taws of the Republic of South Africa. The renter exceeds the jurisdiction of the Magistrates Court, The renter agrees, however, that Capital Car Rental, at its election, bring legal proceedings in a Magistrates Court notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrates Court. The renter agrees, however, that Capital Car Rental in its sole and absolute discretion may institute any such action or proceedings any division of the High Court which may have jurisdiction

11.4. 4 The renter shall not be entitled to cede any of his rights under this agreement or to sub-let or part with possessions of the vehicle, its tools or equipment or any part of it

11.5. If Capital Car Rental institutes and legal proceedings against the renter to enforce any of its rights under this agreement it shall be entitled to recover from the renter all the legal costs it incurs to its own attorneys in accordance with their then usual charges and assessed as between attorney and own client

11.6. If the renter enters into the agreement on behalf of any principal, including any disclosed and/or any undisclosed principal, he shall be personally liable jointly and severally with his principal

11.7. The renter chooses the address specified in the contract as his domicilllum citandi et executandi (i.e. Address for service of all legal process) and any notice posted to him there shall be deemed to be received seven days after the dote of dispatch

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

11.9. The renter acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter alia, record speed, illegal entry and other information relating to the vehicle rented. Capital Car Rental shall be entitled to use such information in court proceedings) as it deems fit

12. EXEMPTION

12.1. Neither Capital car Rental nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage, whether direct or indirect, consequential or otherwise arising from the rental by the renter of the vehicle, including without limitation, any defect in and/ or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of Capital Car Rental to defects in or mechanical problems with the vehicle whether such loss or damage results from the breach of contract or delict, which may be suffered by the renter and/or any third party and/or passenger

12.2. Capital Car Rental, its directors, officers, employees, servants or agents (“it”) are according^ indemnified by the renter or his estate agent against any claim of any vehicle whatsoever and howsoever arising or any damages or loss which might be Instituted against it arising from or connected with or pursuant to the renting of the contemplated in these terms and conditions

The developers of this website disclaim themselves of any misinformation of any kind and for any loss, damage or any other circumstances that may lead to loss of data or in any form.

The bookings made on this site are purely a query for availability. It is not a guarantee of any sort.

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