Terms and Conditions
OF RENTAL AGREEMENT
BETWEEN
SUMMIT 4x4 SAFARIS
3 Pepper Place, Rainbow Park 2, Marconi Beam,
Cape Town, 7447
Tel: +27 82 929 5429
Represented by Jacques Malan on behalf of Summit 4x4 Safaris
(Hereinafter referred to as the “company” / “owner” or “Summit 4x4 Safaris”)
AND
Client
(Hereinafter referred to as the”renter”)
GENERAL INFORMATION AND AGREEMENT DETAILS:
It is hereby agreed that Summit 4x4 Safaris hires the following vehicle;
<vehicle description>
to Client for a period;
commencing on the <date> and terminating on the <date>
It is further agreed that the vehicle will be collected at: Summit 4x4 Safaris, Montague Gardens, CAPE TOWN
and returned to Summit 4x4 Safaris, Montague Gardens, CAPE TOWN where a representative of both parties will be present.
It is recorded that the regular drivers of the vehicle, nominated by the renter, are as follows:
1. Client
The additional regular drivers are equally responsible for the wellbeing of the vehicle and are bound by the terms contained herein.
The rental shall be subject to the terms and standard conditions as set out below.
1. Rental Rates & Charges
a) The renter agrees to pay the owner rental rates and all other charges for extras, travel and accessories opted for on the quotation (annexure A), including miscellaneous charges, deposits, delivery fees and collection fees (which ever are applicable).
b) It is agreed that the deposit of R 15 000 Thousand South Africa Rand) is charged to the renter. This will become due in the event of the following (Included, but not limited to): If the vehicle is damaged in an accident or by means of mechanical or electrical failure or any items of a cosmetic nature needs to be replaced / repaired. Damage to tyres or rims. Any damages to any accessories or interior or exterior of the vehicle will be charged. If the vehicle is returned dirty a valet will be taken from this amount as well as an automated charge for laundry (should you use our camping option), Accident excess charge, windscreen damage, chips or cracks, any other damage caused by negligence.
c) A surcharge over and above the deposit will apply and become due after drop off of the vehicle in the event of the following: The fuel tank being returned empty or partially empty (refueling fee of R 350 will be charged along with the actual fuel, refilling of the gas bottle (if applicable), traffic fines (admin charge related to the fine R 500). This will be deducted from the client’s credit card upon receipt of the traffic infringement even after the vehicle has been returned and the deposit refunded if it transpires that the traffic fines was during your period of rental. This will also include any damage caused to the vehicle which exceeds the deposit paid.
The renter will also be liable for all fines or penalties arising from the use or possession of the goods / accessories and like expenses.
d) All levies or charges for using toll roads and like expenses will be for the renters account.
e) If there are any payments due by you in terms of clause 3.c of this agreement, we will require you sign a credit card authorization which forms part of the agreement to enable us to charge the funds after your deposit has been refunded.
f) It is agreed herein that the payment for the rental will be upfront, prior to departure in full to initiate the agreement. The security deposit will be retained by our bank until the vehicles are returned in safe, unharmed and undamaged condition. A pro-forma invoice will be supplied after the refund has been calculated.
g) Arrears may result in a penalty being charged in regards to clause 14 of this agreement in accordance with the current prime lending rate (at the date of arrears) plus 5 % on the rental amount due. Failure to pay amounts due will result in the deposit being forfeit immediately and the vehicle being repossessed and the renter will remain liable for outstanding payments, damages and all the other charges which may apply, whether legal or formal.
h) A refueling fee of R 350 will apply if the tank is returned empty as well as an administration charge of R 500 per fine – which will be charged onto your credit card.
2. Payments & Refunds
a) All payments due in terms of the rental must be made prior to collection of the vehicle in South African Rand and all funds must clear in our account before departure.
b) The following means of payment is accepted: VISA, Mastercard, PayPal, Online payment via credit card with 3d Secure, Electronic Funds Transfer. Please note that deposit refunds will vary in time depending on which option you select as payment.
c) You agree to provide us with any information we need to do a successful refund. Note that deposits may only be refunded in the same way it was received according to the FIC Legislation of South Africa.
d) Deposits paid or the balance thereof will be refunded after a period of 20 days after the rental has ended. Please allow another 5-7 days for the funds to clear on your side.
e) Payments made by you in terms of clause 8 of this agreement, will be refunded along with any deposit which may be due.
f) Please note that Summit 4x4 Safaris cannot predict currency variations and should the currency fluctuate, the deposit refunded may differ from the deposit initially paid. All refunds due are calculated in South African Rand.
g) Refunds in terms of cancelled rentals will be charges as follows: 0 - 14 days prior – 100% of deposit / 15 – 30 days prior – 50% of deposit / 31+ days – no charge
h) Should the deposit paid not be enough to cover the entire damages to the vehicle the renter will be held liable for the deficit indefinitely.
i) Summit 4x4 Safaris reserves the right to re-authorize any cancelled amounts or refund any banked amounts.
j) Balance of the payment which needs to be refunded in terms of clause 3.e may be refunded after the insurance has been finalized and there are monies due along with a statement for your records.
k) In the event of a total loss as per clause 3.d and 3.e, the balance of the un-used rental will not be refunded to the renter.
l) Should you terminate the rental before the termination date; the balance of the un-used rental will not be refunded.
3. Renters Risks, Liabilities & other Obligations
a) The vehicle is the sole risk of the renter and/or driver (fair wear & tear excepted) from the moment the keys and/or vehicle is handed over to moment the vehicle is returned to the owner.
b) The renter shall be liable for any and all damages or total loss sustained to the vehicle, howsoever the damage and/or total loss is caused and whether or not it is attributable to his/her fault or negligence (including but not limited to hail damage).
c) Any damages to the vehicle in terms of paintworks, upholstery and accessories not noted on the pre-delivery check will be for the renter’s account. Please ensure you check the vehicle carefully with your delivery agent.
d) The company in it’s sole and absolute discretion, reserves the right to, in the event of loss or damage which 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), charge the renter either the actual amount of the loss or damage suffered or the partial amount not covered by the insurer of the goods. An amount of R 30 000 will become due and payable immediately once the vehicle is considered a total loss. This will be deducted from your credit card immediately.
e) Should the vehicle be damaged, stolen or lost in a situation where there was a breach of contract or insurance conditions or any of the terms of this rental agreement and conditions contained herein, the renter will be liable for the entire total loss amount including the recovery of the vehicle with a R 30 000 payable immediately and the balance paid by credit card within 2 months after rental has ended. (on top of your deposit) This would include any of the following:
d.1) damage to glass, tyres or rims;
d.2) damage caused by water (water submersion); River crossing?
d.3) damage to the undercarriage;
d.4) damage and/or loss or total loss sustained as a result of renter/driver negligence;
d.5) damage and/or loss or total loss sustained where the renter/driver is in breach of any applicable traffic laws or ordinances;
d.6) damage and/or loss or total loss sustained where the incident takes place outside the borders of South Africa unless prior authorization was obtained;
d.7) damage and/or loss or total loss was sustained while an unauthorized driver was driving the vehicle, irrespective if they fall under the age limit or whether they were not authorized by Summit 4x4 Safaris to use/drive/operate the vehicle;
d.8) damage and/or loss or total loss sustained when the company is in the opinion that the vehicle was driven or used in a manner which has caused prejudice to the company’s rights or interests herein contained;
d.9) damage and/or loss or total loss sustained where the driver was not holding a valid, unendorsed driving license;
d.10) damage and/or loss or total loss where the rental agreement has expired and no extension were arranged or if the rental was not authorized by the company;
d.11) damage and or loss or total loss caused as a result of the vehicle being driven on an unsuitable road or in restricted areas or on non permitted road surfaces, determined in the sole discretion of the company or our agents;
d.12) the vehicle (at the times of damage or loss or total loss) was being driven by any person whose blood alcohol concentration exceeded the legal limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor, narcotics, drugs or similar substance;
d.13) damage to any property, equipment or accessories provided with the vehicle.
d.14) Travel into un-authorized countries / countries outside territorial limits.
f) The renter or driver remains liable for all fines and penalties as explained in clause 2.c of this agreement
g) In addition to the other terms you shall:
f.1) Consider the condition of the road you drive
f.2) Keep in mind that handling a vehicle on an unsealed road is more difficult.
f.3) Not hire or lend the vehicle to ANYONE
f.4) Not cause or permit the vehicle to carry any passengers or goods for reward or for racing
f.5) Not drive the vehicle unlawfully, illegal or use the vehicle for any illegal purpose
f.6) Not cause the vehicle to be at risk in any public disturbance, unrest or civil riot.
f.7) Ensure vehicle is not to be driven by or in possession of any drivers not specified or permitted by Summit 4x4 Safaris.
f.8) Not overload the vehicle
f.9) Note that we may repossess the vehicle at any time should we find it parked illegally, used to violate any law or appears to be neglected or abandoned.
f.10) Truthfully disclose your information as well as your purpose for the rental.
f.11) At all times remember that Dune driving will not be permitted and neither will careless driving in swamp areas.
f.12) Remember that vehicles are fitted with GPS systems. Please use them to navigate your route and stay clear from unknown roads or roads with poor road conditions.
f.13) Inform us immediately if the keys are locked in the car or lost and we will endeavor to get to you as soon as reasonably possible in the circumstances, and at your cost replace the keys.
f.14) Keep within the speed limit
f.15) Note that personal injury is not covered by the CDW and personal travel insurance is strongly recommended. The CDW also does not cover personal possessions and these should be covered by your own insurance.
f.16) Not leave valuables in sight of anyone and keep the vehicle locked when you are not present to avoid theft
f.17) Should you make use of cheaper / public transport in a particular area, we suggest you leave the vehicle in a camping area or caravan park.
f.18) Return the vehicle with a full tank of fuel.
f.19) Understand the working of the diff lock. Please ask your handover agent.
f.20) Understand that we may not allow collection if the full amount was not paid in full on the day the collection is due.
f.21) Understand that if the vehicle is returned early, no refunds will be applicable.
f.22) Complete a pre-inspection report on collection of the vehicle so the vehicle shall be deemed in good order, condition and repair and properly filled with oil, fuel and water unless otherwise indicated with good reason.
f.23) Deflate tyres to 1.5barr when driving on gravel
4. Insurance
1) Comprehensive and mechanical insurance obtained by Summit 4x4 Safaris will cover you for accident / collision, 3rd party, fire, hail damage, theft and specific mechanical damages, but does not cover any act of negligence. Standard insurance requirements will apply and certain events, hazards or perils will be excluded – which is not covered under any circumstances. Should an incident occur due to an event which falls under the exclusion the renter and/or driver will be fully charged for the total amount of damage / loss suffered.
The insurance exclusions can be listed as follows:
a) Water damage / Water Submersion
b) Fire damage (not resulting from electrical nature)
c) Wilful damage or acts of negligence
d) Driving under the influence of alcohol
e) Driving on restricted roads or areas with restricted access
f) Any non-compliance with the National Road Traffic ordinance
g) Sitting or standing on the vehicle (except designated areas like the running boards
h) Driving on a course not suitable for the vehicle
i) Damage to the gearbox due to the incorrect operation of the clutch, handbrake or gearbox / transfer box
j) Falling asleep behind the wheel whilst driving (drivers’ fatigue)
k) Incorrect use of diff locks and 4x4 or using diff locks and 4x4 on hard road surfaces
l) Seizing the engine due to incorrect fluids used or incorrect fluid levels
m) Driving on the wrong side of the road
n) Rolling the vehicle or damage to a vehicle due to incompetence / negligence
o) Accidents caused due to exceeding the speed limits
p) Dune driving is not permitted at ANY time
q) Any unauthorized persons driving the vehicle (non-nominated drivers or drivers under the age of 20)
r) Vehicle being used for competition means
s) If the vehicle carries unauthorized dangerous or hazardous items
t) Failure to follow the correct procedure when an accident occurs as per clause 5.2 of the agreement
Please note that this insurance does not cover personal accident or liability insurance for drivers or passengers or travel insurance. Passenger liability is not included in the rental fee. Clients are advised to purchase any personal insurance from companies which offer those benefits. Normal bookings, central reservations and internet bookings are not covered and should you be involved in an incident, you can lodge a claim with the Road Accident Fund (Act 56 of 1996).
The use of our vehicle is solely at your own risk and by signing these terms and conditions you confirm that you are capable of driving and handling the vehicle and that you understand that the vehicle should be operated sober, with a valid unendorsed driving license by a person above the ages of 20 as the vehicle is a dangerous item and could cause death or injury if not properly handled. No claims for personal injury of renters or passengers will be entertained by Summit 4x4 Safaris, its employees, managers, agents or any other person. A declaration is made with your signature hereto that you are in possession of a valid, unendorsed driving license.
The company does not have PAI (Personal Accident Insurance), please query in regards to this cover at a travel agent of your choice. We can therefore not accept ANY liability for the safety of the renter or passengers other than making sure the vehicle is delivered in a road worthy condition with a valid roadworthy certificate in place. We further look after the welfare of the vehicle by servicing it at regular intervals and replacing any items of concern pointed out by the manufacturer of servicing agent.
Neither the company, nor any of its employees, servants, agents, officers, managers or directors shall be liable for any loss or damage, including any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a car seat or any other accessory that forms parts of the vehicle, whether direct, indirect, consequential or otherwise arising from the rental of the vehicle, including but without limitation to any defects and or mechanical failure of the vehicle or the failure of the company to detect such defects.
Summit 4x4 Safaris, its directors, officers, staff, servants and agents are accordingly indemnified by the renter and/or passengers and their estate against any claims whatsoever and howsoever arising as a result of death or injury or for any damages or loss which might be instituted against it, arising from or connected with pursuant renting of the vehicle, directly or indirectly, as contemplated in these terms and conditions.
Summit 4x4 Safaris takes no responsibility for defective equipment as we make use of suppliers, we will however endeavour to resolve any issues you may have as quickly as possible to ensure minimal inconvenience.
2) Procedure in the event of an incident involving the vehicle
If at any time the vehicle is damaged, lost or stolen, the renter/driver shall take every reasonable precaution to safeguard the interest of the company including, but without being limited to the following:
a) Renter shall notify the company immediately of becoming aware of the occurrence and shall within 24 hours of becoming aware of the occurrence in question complete and furnish to the company, a completed claim form together with a driver’s license copy.
b) The renter shall obtain names, addresses of anyone involved as well as possible witnesses. Take a photo of any other parties driving license and vehicle number plate or any other vital information (sign writing on the vehicle)
c) The renter shall not admin fault or responsibility or liability nor release any party from liability or potential liability nor settle any claim or potential claim by any party not accept a disclaimer liability
d) The renter must notify the police within 24 hours of the occurrence in question and furnish the company with the case number.
e) The renter shall make adequate provision for the safety and security of the vehicle and not abandon the vehicle under any circumstances.
f) The renter shall co-operate with the company and its insurer in the investigation, the making of or instituting of any claim or action and he defence of any prosecutor, claim or action relating to the incident (including making affidavit if requested to)
g) If the renter is not the driver, then without in any way derogating from the renters obligations, the renter shall ensure that the driver complies with the provisions of the agreement and the renter warrants that the driver will do so.
h) The renter shall within 24 hours of receipt thereof furnish to the company any notice of claim, demand, summons or the like which the renter/driver may receive in connection with the vehicle.
i) The renter will supply all details we need to launch a successful claim at the insurer of the goods in the event of any occurrences. This would include reporting the incident as soon as possible to the police station and obtaining a case number as well as all contact details of the 3rd party (if applicable) and copies of their identity.
5. General and Legalities
a) The renter shall be bound by the terms and conditions at all times whether he was driving or not
b) The renter and every other person whose signature appear on this agreement shall be liable jointly and severally for payment of all amounts due to the company in terms of the pursuant rental agreement.
c) 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 (other that the company extending the agreed return date).
d) If any of the provisions is found to be by a court of law, invalid, void or unenforceable, such provision will be severed from the remaining provisions, without affecting the remainder of the provisions hereof.
e) It is hereby placed on record that no person under the age of 20 years is allowed to drive a Summit 4x4 Safaris Fleet vehicle nor any person who is older than 20 but has had their license for less than 18 months.
f) Please note that in case of an insurance claim, an international Licence will be needed. (must be translated to English) Should you not be in position of an International Licence, a R500 language convert fee will be charged on top of your claim excess.
g) The renter authorizes the company to insert any details into the agreement that are not known or are unavailable at the time of signature.
h) No extension, latitude or other indulgence that may be given or are allowed by any party in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this rental agreement will in any circumstances be construed as implied consent or election from such party.
i) The agreement and all matters and disputes shall be governed by the Law of South Africa.
j) The renter shall not be entitled to cede any of his/her rights or assign any of his/her obligations under this agreement to any other party.
k) The renter may not part with the vehicle or any of its accessories
l) Should the company take any legal action against the renter to enforce any of its rights under this agreement; the renter will be held responsible for all the costs incurred in such legal proceeding.
m) The renter acknowledges that certain vehicle may be fitted with a tracking device or vehicle management system which may indicate speed travelled and other information. The company shall be entitled to use the data from such a device as it deems fit.
n) The renter will supply all details we need to launch a successful claim at the insurer of the goods in the event of any occurrences. This would include reporting the incident as soon as possible to the police station and obtaining a case number as well as all contact details of the 3rd party (if applicable) and copies of their identity.
o) We reserve the right to upgrade any rental to another vehicle without notice for reasonable cause. As the vehicle will be of same quality and comfort it does not entitle the renter to any discounts or refunds and does not constitute a beach of agreement.
p) One way rentals or drop off charges are accommodated however, should the destination change after the rental has commenced a surcharge of R 3000 will apply as well as any additional km between the old and new destination. View the rates on our website.
q) If the vehicle is due for a service within the period of rental, it is the obligation of the renter to take the vehicle for its routine service at the workshop/garage nominated as advised by the company. All costs in relation to servicing will be for the account of Summit 4x4 Safaris.
r) The renter confirms that he/she is duly authorized to enter into this agreement and that all information supplied on the questionnaire is true and correct and that no false representations were made in connection with the personal information to obtain rental or intent of renting this vehicle.
s) The renter agrees that if an unauthorized driver causes an incident involving the vehicle, a surcharge of R 3000 will apply for violation of our conditions.
t) The company reserves the right to at any time retake possession of our vehicle if it comes to light that any of the information supplied by the renter was false, misleading or dishonest or if we find the vehicle illegally parked, abandoned or damaged.
u) Please take note that no claim of misinterpretation will be accepted. Kindly request our Definitions and interpretations Annexure B for general understanding of the terminology used in this agreement.
v) The vehicle may at no time be used for anything of an illegal nature, transportation of passengers, dangerous or hazardous goods or acts of illegal activity. Summit 4x4 Safaris will not be deemed liable for the use and possession of illegal substances in our vehicle.
w) The renter will remain liable for the risk or damage or loss or total loss of the vehicle, whether he was driving or not.
x) The vehicle may not be utilized for longer than the rental period unless otherwise agreed at least 48 hours prior.
y) The renter will keep the vehicle under your control and possession at all times
z) The renter will make adequate provision for the safety of the vehicle at overnight addresses.
aa) Should the vehicle not be returned to the agreed address in the agreed time, Summit 4x4 Safaris may report the vehicle stolen unless agreed upfront. All cost in deprecation will be for the account of the renter.
bb) Should the vehicle be in a single vehicle accident, Summit 4x4 Safaris is not obliged to offer a replacement vehicle.
cc) Should the client request a replacement vehicle after a single vehicle accident, a new contract will be issued and deposit will be payable.
6. Wear & Tear and Tyres
It is hereby agreed that the vehicle is rented fair wear and tear excepted. Summit 4x4 Safaris obtains Certificates of Roadworthiness for each vehicle before departure to ensure safety for your use and other road users. This includes roadworthy tyres in terms of the National Road Traffic Act. We provide quality all terrain tyres specifically designed for off-road travel. If these tyres are use with due care and diligence, it should be useable and durable for your entire period of rental. Should the tyres be damaged for any other reason other than ordinary wear & tear, the client will be held responsible for the replacement of the tyre with a tyre of similar quality and value. Any damage to the rims, exterior of interior that is not due to wear & tear will be solely the renter’s responsibility. We may deduct any such amounts from the deposit.
It is further agreed that the tyres may inspected by the renter before departure to make sure there are no current damage to the tyres, rims or the tyre walls. If the renter is not 100% happy, the tyres will be replaced with a pair that fits his approval.
It is agreed that the company may at any reasonable time inspect the vehicle at the renter’s place of use. We will give the renter 48 hours notice prior to inspection. Inspection will be deemed necessary at the sole discretion of the company whenever the company wishes to assess the assets of the company for the purposes of welfare, financial or any other reasons they do not have to disclose.
Recommended Tyre Pressure: (Cold Pressure)
Tar = 2.6 bar
Gravel = 1.5 bar
Sand = 1.2 bar
Expect your tyre pressure to increase by 0.4 bar from cold to warm reading.
(Tyre Pressures over 1,6 bar on gravel have limited Traction, the ride is dangerous and uncomfortable, and extremely dangerous over recommended speeds)
7. Repairs of Vehicle and Equipment whilst in rental term.
In the Unlikely event of a mechanical failure rendering the vehicle unserviceable / not roadworthy; Summit 4x4 Safaris will do its utmost to repair same as soon as possible. If the vehicle cannot be repaired timeously for the client to proceed on his / her planned journey Summit 4x4 Safaris will endeavor to supply a replacement vehicle if one is available; expeditiously. In the event of a replacement vehicle not being available the contract will immediately be terminated, and the balance of the rental days paid is to be refunded immediately, upon termination of the agreement.
MINOR PROBLEMS: Should be reported to our offices immediately or at earliest convenience. These can be repaired at your cost (up to
R 1500) and we will refund on receipt of valid payment advice upon your return.
In the unlikely event of an accident rendering the vehicle unserviceable / not roadworthy; the contract will immediately be terminated, and the balance of the rental days paid is to be put aside for refund. However; if Summit 4x4 Safaris has a replacement vehicle available – a new rental agreement may be considered. It is to be understood that in the aforementioned case Summit 4x4 Safaris is not obliged to offer a replacement vehicle.
8. Collections and Drop Off’s
Video footage is made of each vehicle that leaves our floor. This is to ensure that there are no damages to the vehicle that can cause a renter to lose his deposit paid.
Upon return of the vehicle, the vehicle must be parked in the designated parking space as per prior arrangement and the keys should be handed to our representative as prior arranged.
Charges may apply for late drop offs.
Upon drop off the same inventory and inspection list will be used to reconcile the vehicle and all accessories and/or damages.
A spare key is handed with each rental; please ensure that you keep this somewhere safe as changes will apply for lost / damages keys.
In the event of failure to drop off the vehicle will result in the vehicle being circulated and criminal charges being laid against the renter.
9. Consequential Damage
The renter will be liable, in addition to any other amount provided for in the rental agreement, for damages suffered by the company in consequence of it being unable to rent the vehicle, which damages will be calculated based on the contracted monthly rate on the rental agreement, limited to a maximum of 30 days.
10. Across Border Travel
a) It is hereby placed on record that the vehicle is allowed to cross borders during the period of rental with prior authorization only. Leaving the border into any un-authorized country may result in the vehicle being repossessed. Any cost for repossession, storing and repatriation will be for the account of the renter.
b) The following countries forms part of the territorial limits: South Africa, Lesotho, Swaziland, Zimbabwe, Namibia, Botswana and Mozambique and Zambia.
c) Deliveries or Collections of the vehicle can be made to anywhere in South Africa or Namibia at additional charges. All departures and arrivals at Cape Town or 50km radius are free of charge.
d) Special permissions can be obtained to travel Malawi, Zambia and Angola – however may result in an increased deposit to accommodate recovery and excesses. Please note that no deliveries or collections whatsoever will be done in these countries.
e) Cross Border Documents are drawn up by our company free of charge. A levy of R 100 may be deducted off the deposit in the event that the documents are lost, and a new set has to be re-issued.
f) All cross-border levies, charges, fees, or costs payable at the border is for the account of the renter and must be settled with the border authority applicable.
g) Please familiarize yourself with the terms of each country and what they allow over the border crossings and in which amounts. Summit 4x4 Safaris can take no liability for items discarded or disposed of at the border.
11. Equipment & Accessories
a) Summit 4x4 Safaris include your camping equipment free of charge and no deductions are applicable for renting a vehicle with no equipment.
b) Summit 4x4 Safaris can carry no liability for defective equipment as we make use of suppliers.
c) The renter confirms that he/she will at their earliest convenience (not exceeding more than 48 hours) report any defective equipment or accessory to us. We will give you instructions on what to do or where to take the vehicle for the solving of the problem.
d) No claims on defective equipment will be compensated or recognized after the rental has ended.
e) Refunds or Re-imbursements to clients will not be due in the event of failure of equipment unless the items were repaired / replaced by the renter after receiving confirmation from our offices (unless the amount is less than R 1500).
f) Refunds or re-imbursements in the above instances will only be made upon presentation of valid receipts and the return of the old defective part (unless otherwise agreed)
g) No betterment will be applicable.
h) Please note that only 50ppm Diesel is suitable for this vehicle. (500ppm is not permitted unless authorized by Summit 4x4 Safaris)
12. Option to Extend Rental
It is agreed that the rental may be extended with prior authorization from our offices. Each extension will be handled according to the scenario at hand. Please note that border documentation needs to be extended along with the rental and if your extension is subject to cross border travel, this extension can be approved by giving our offices a call at least 72 hours notice for the arranging of application border letters.
The payment for the extended rental is payable immediately upon reservation by any means available and approved by our offices.
Should there be no vehicle available to accommodate the extension Summit 4x4 Safaris may refuse the extension. To avoid disappointment, try and discuss the option of possible extension with the rental manager as soon as possible.
13. Disclaimer
The renter by signing this agreement acknowledges that he understands the language in which this agreement is written and that the vehicle is a dangerous article and should be used with the necessary skill and ability. As per clause 5 of this agreement the renter accepts full responsibility for his own personal safety and the safety of his/her passengers whilst driving the vehicle and confirms that he is capable of doing so and will indemnify Summit 4x4 Safaris or any of it’s staff as per clause 5 of this agreement.
14. Declaration and consent
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Note: The renter will be liable for, but not limited to, the following fees in the event of any accident or traffic infringement: Processing Fee of R 500 for fines (per fine) plus the actual fine value, Loss or Damage Administration Fee R 650 (per incident), Refuelling fee: R 350 refuelling fee plus actual fuel to fill up the tank. Standard Tariff (uncapped) e-Toll fees as prescribed in the applicable Government Gazette NB: Banks can take up to 21 working days to refund the rental deposit or cancelled authorizations.
Declaration and Consent by the Renter: The renter understands the risk in renting a vehicle from the Lessor as well as the liabilities in the event of damage or loss of the vehicle. The Renter confirms that is it is agreed that the payment hereunder is to be made by credit card. The Renter’s signature below shall constitute irrevocable authority to debit the nominated credit card and charge the card with the amount due even if this is after the rental has ended. Every person whose signature appears on this Rental Form / Invoice shall be liable jointly and severally for the payment of all amounts due to the Lessor in terms of or pursuant to the Rental Agreement. Full credits will only be issued up to 120 days after the close of the rental – after that the charges are deemed to be correct and final. The renter acknowledges that this Rental Form / Invoice is subject to a final audit and must be read together with the terms and conditions of the rental agreement.
The Renter hereby declares that he/she/they accepts the applicable Terms and Conditions as mentioned above and confirms that he/she/they has read all the Terms and Conditions and agrees to abide by them and be bound by this agreement.
Signature acknowledging Terms and Conditions:
Signed at ______________________________ on ________/________/2022
____________________________________ _____________________________ PRINT NAME SIGNATURE
Signature for authority to charge credit card in accordance with the Terms and Conditions and the above declaration: Signed at ______________________________ on ________/________/2022
____________________________________ _____________________________ PRINT NAME SIGNATURE
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17. Acceptance & Signatures
The terms & conditions of this agreement is hereby confirmed, read, understood and accepted by means of signature between the parties
at:
on date: of 2022
Signed by Full Name & Signature:
(For and on behalf of the renter, and duly authorized to appoint nominated drivers)
Signed by
Jacques Malan / Lance Kotze
(For and on behalf of Summit 4x4 Safaris) Signature of Nominated Drivers:
1.
2.
3.