Terms and Conditions of Rental:
Definitions
In this agreement except where context indicates otherwise:
1. “LESSOR” - The owner or company that left out the VEHICLE.
2. “HIRER” - Means jointly and severally the signatory hereto and any person on whose behalf the signatory signs this agreement.
3. “DAMAGE” - in relation to the VEHICLE includes our expenditure in repairing any DAMAGE caused to the VEHICLE from the time of delivery to you until return to us, replacing parts or accessories (excluding normal wear and tear) as well as dents, scratches, lost or broken accessories, tool or equipment and VEHICLE DOWNTIME.
4. “RENTAL PERIOD” - Means the period commencing on delivery of the VEHICLE and ending on the RETURN DATE or at the end of the EXTENDED PERIOD, of applicable.
5. “RETURN DATE” - Means the date as agreed upon and for up to the date that the VEHICLE has been paid for.
6. “VEHICLE” - Means the VEHICLE referred to in this contract or a substitution thereof in terms hereof.
7. “BUNDU BASHING” - Means driving in bushes where there are no roads, or any other place where there are no roads, or any place where the VEHICLE may be damaged.
8. “THIRD PARTY” - Any claims by any person excluding the HIRER and the LESSOR in respect of DAMAGE or loss that the HIRER may cause to any other vehicle or property.
9. “VEHICLE DOWNTIME” - Means the period of time the VEHICLE can not be let out due to the repair of DAMAGE to the VEHICLE.
Authorized drivers and age:
Drivers License
It is a legal requirement in the Republic of South Africa that any person driving a vehicle be in possession of a valid and unendorsed drivers license at all times.
In the case of the driver being from a foreign country, the driver must be able to produce a valid and unendorsed drivers license from his/her country of residence.
If any of the following conditions apply to a foreign visitor, we would advice you to obtain an international drivers license.
• If the license does not bear a photograph as well as a signature of the holder.
• If the license is not printed in English.
If the renter plans to make use of additional drivers, the same conditions as above will apply on them, with the addition that if an additional driver is under the age of 25 years AJC 4X4 HIRE must be notified as it will affect the insurance conditions.
Under no circumstances will the driver drive under the influence of alcohol or drugs.
The driver or hirer is responsible for all traffic violations during the full rental period.
Rental
1. The HIRER shall pay the LESSOR all charges due under this agreement before the handover of the VEHICLE.
2. The HIRER absolves the LESSOR in the event of any injuries sustained by himself, the driver and or any passenger whilst in the hired VEHICLE. Whether it is due to own negligence, a THIRD PARTY or due to any malfunction of the VEHICLE or any accident or other event.
3. The LESSOR shall not be held liable for late delivery of the VEHICLE, and the HIRER absolves the LESSOR from any claims instituted due to a late delivery.
4. The LESSOR shall not be held liable for the loss of, or any bodily injuries suffered by any pedestrians, motorbike riders and or motorbike passengers of cyclists in the event of and accident. Should any THIRD PARTY claim arise from an accident and a claim being instituted against the Road Accident Fund, the LESSOR will be obliged in terms of the RAF act to furnish the fund with any information requested.
5. The LESSOR shall not be held liable for the loss of or DAMAGE to any property left or transported in or upon the hired VEHICLE, irrespective of whether or not the loss or DAMAGE results from time, negligence of the LESSOR, its agents or employees.
6. The HIRER is liable for the full RENTAL PERIOD, not withstanding the VEHICLE being rendered unusable as a result of and accident or a mechanical breakdown or if the VEHICLE is returned early.
7. In order to validate insurance, accidents, DAMAGE, or theft must be reported to the police and the LESSOR within 24 hours. In the event of an accident the other parties details will be required. The HIRER is not to claim responsibility in a statement, in the event of an accident a replacement VEHICLE will be issued only at the discretion of the LESSOR.
8. The HIRER is responsible for the maintenance of the VEHICLE during the RENTAL PERIOD and must check the water, battery, oil levels, wheel pressure, wheel conditions, wheel nuts or bolts, axles, lights wind screen, roof rack, roof top tent bolts, gas bottle brackets and the 7 pin female plug in the event of towing a trailer.
9. The HIRER will be liable for any mechanical failure or DAMAGE to the VEHICLE due to negligence, misuse or the use of non –approved lubricants and oils.
10. The HIRER and it’s equipment is checked before the handling over of the VEHICLE and the LESSOR does not accept any responsibility for any malfunctioning during the RENTAL PERIOD.
11. Should there be an accident or any mechanical, electronic or electrical breakdown or problem the HIRER must first inform the LESSOR of the situation and refer to the Owner’s Hand guide in the VEHICLE, before attempting to contact Land Rover Assistance at the following toll free number.
BREAKDOWN: 0800 038 188 OR +27 11 799 1631
MEDICAL EMERGENCY: 0800 033 007 OR +27 11 315 9230
12. Any repair work must be done at the HIRER’S own cost. In such a case, the HIRER should retain
the Land Rover invoice and any displaced parts in order that the LESSOR can arrange for any
reimbursement to which the HIRER is entitled, should the LESSOR agree upon it.
13. The HIRER is liable for all traffic offences incurred during the RENTAL PERIOD.
14. When calculating the number of days, the day of pick up is counted as day one, regardless the pick up time. The day of return is counted as the final day.
15. Under no circumstances may the VEHICLE be driven by anybody under the influence which makes the HIRER personally liable for any DAMAGE or losses to any of AJC 4X4 HIRE’S VEHICLES and TRAILERS.
16. A Copy of the HIRER’S drivers license and passport will be required.
17. The HIRER consents to the jurisdiction of South Africa law and further consents to the Magistrates court jurisdiction in respect of any action instituted by us in connection with this agreement and agree that we may at our discretion institute action in any High Court division in South Africa having jurisdiction, to which jurisdiction you consent.
18. By checking and being aware you ensure a safe and trouble free holiday for yourselves.
The LESSOR reserves the right to change the CONDITIONS OF RENTAL without prior notice to any of it’s clients, and unless the HIRER has a signed copy of a previous CONDITIONS OF RENTAL pertaining to a specific RENTAL PERIOD in the future the most recent CONDITIONS OF RENTAL will be valid.
Delivery & Return
1. We may refuse delivery if an advance payment is not made.
2. On delivery, the VEHICLE shall be deemed to be in good working order, conditions and repair and filled with diesel, oil and water, unless you notify us to the contrary within 30 minutes after delivery. This Responsibility rests solely upon the HIRER and not the LESSOR. (Please ensure that the underside of the VEHICLE is thoroughly inspected especially the differential casings, track rods, back A frame, mud flaps side runners, back folding step and protection bar. DAMAGE to these components will be regarded as DAMAGE.)
3. A Delivery fee will apply depending where and when the VEHICLE must be delivered and picked up.
4. On the RETURN DATE the HIRER shall return the VEHICLE at own risk to us, at the place agreed upon filled with diesel.
The LESSOR has fourteen working days, not counting the RETURN DATE of the VEHICLE, to inspect the VEHICLE for any DAMAGE
Insurance and Third Party Claims
1. There are NO THIRD PARTY insurance cover outside the borders of South Africa. Therefore compulsory THIRD PARTY insurance is available at the border posts when entering neighbouring countries.
2. The VEHICLE may only be driven and is insured for South Africa, Namibia, Botswana, Zambia, Zimbabwe, Swaziland, Lesotho and Mozambique, but is not insured or allowed in Angola, Kenya or Uganda. Travel to Zambia and Mozambique is at HIRER’S own risk, as no Land Rover Assistance is available. Travel to these two countries must be pre-authorized.
3. All the VEHICLES have long range fuel tanks built in and therefore it is a condition of this contact that the HIRER shall under no circumstances carry fuel containers inside the VEHICE. Failure to comply with this provision will result in immediate cancellation of any insurance cover, resulting that the HIRER will be personally liable for the cost of any losses or DAMAGE to any of the VEHICLES and TRAILERS belonging to AJC 4X4 HIRE in such case.
4. Insurance does not cover personal items or travel insurance.
Damage & Loss
1. The VEHICLE shall not be used or driven in contravention of any law for competition purpose’s.
2. The HIRER shall at all times be personally liable for the action of the driver and fulfilment of the terms and conditions of rental for the conveyance of persons and or property for hire to propel or tow any vehicle, launch a boat or beach driving.
3. Off road, on 4x4 tracks, for BUNDU BASHING, or anywhere which may cause any type of DAMAGE to the VEHICLE or may be above the VEHICLES ability or that of the driver. Any DAMAGE caused to the VEHICLE due to BUNDU BASHING will be deducted from the refundable excess deposit.
4. The HIRER undertakes to return the VEHICLE together with the accessories and equipment in te same condition and or working order as and when received. Any type of DAMAGE will be deducted from the excess deposit, unless it’s due to a mechanical malfunction or fair wear and tear.
5. Tyre’s are for the HIRER’S account. Irrespective of the reason for the loss of the tyre.
Deposits and Cancellations
1 AJC 4x4 Hire requires a 30% deposit to secure your booking.
2 In the case of cancellation from the client, the deposit is refundable with the following deductions:
3 (i) If cancelled before 60 days to the delivery date, 25% will be deducted from the deposit.
4 (ii) If cancelled between 59 and 30 days to the delivery date, 50% will be deducted from the deposit.
5 (iii) If cancelled less than 30 days or no show, no refund.