Terms and Conditions
VALUE CAR RENTAL, A DIVISION OF VALUE LOGISTICS LTD
STANDARD TERMS AND CONDITIONS
1. INTERPRETATION
1.1 In this agreement unless the context indicates otherwise:
1.1.1 “VALUE” means VALUE Logistics Limited trading as VALUE CAR
RENTAL.
1.1.2 “the Rental Agreement” means the Rental Agreement issued by
VALUE to the customer and signed by the customer in respect of the
vehicle rented by VALUE to the customer and which will have the effect
of a binding contract between the parties, and is deemed to be read with
the standard terms and conditions;
1.1.3 “the customer” means all of the persons, jointly and severally, whose
names and/or VALUE account numbers are reflected in the schedule;
1.1.4 “the official rates brochure” means VALUE’s official brochure and/or
quotation on rental rates and other general information issued by VALUE
from time to time which is current at the commencement of the rental
period;
1.1.5 “the rental period” means the period from the time the vehicle is
delivered to the customer at the renting location until its return by the
customer to a VALUE employee, alternatively when the keys are
deposited in a marked “drop box” when the car is returned after normal
business hours;
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1.1.6 “extended period” means any period extending beyond the date
stipulated in the schedule for which the vehicle is not returned to VALUE
for whatever reason;
1.1.7 “the renting location” means the VALUE location from which the
vehicle is rented by the customer;
1.1.8 “the vehicle” means the vehicle described in the schedule (including all
tyres, tools, equipment, accessories and documents in and on the
vehicle when the customer takes delivery of the vehicle at the renting
location) and includes any replacement for the vehicle which has been
officially authorized by VALUE, whether or not such replacement was
authorized or approved by the customer;
1.1.9 “territorial limit” means the Republic of South Africa;
1.1.10 “damages” (in relation to the vehicle) includes the actual expenditure in
towing, transporting and storing the vehicle, repairing any damages,
replacing parts or accessories (without allowing for depreciation),
remunerating an expert to inspect collision damage and report thereon,
and reimbursing such expert (an invoice or quotation produced by
VALUE to be prima facie proof of any expenditure);
1.1.11 “total loss” (in relation to a vehicle) means either:-
(a) damage such that the estimated costs of repair is in the opinion
of VALUE uneconomical in relation to the VALUE of the vehicle
and condition of the vehicle for the time being; or
(b) damage which has been declared to be a total loss by VALUE or
any expert nominated by it; or
(c) theft of the vehicle;
1.1.12 “Auto Dealers Guide” means Mead & McGrouther’s publication
containing, inter alia, recommended selling prices of motor vehicles;
1.1.13 “additional driver” refers to such other person/s who are duly authorized
to drive the rented vehicle and whose names appears on the schedule;
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1.1.14 “jurisdiction” – Notwithstanding anything to the contrary herein or in any
other law, the parties agree that the Courts of South Africa or such other
competent Court where VALUE operates shall have sole jurisdiction in
any dispute between the parties.
1.1.15 “the hire form" means the form and/or quotation and/or the delivery note
and/or rental agreement issued by the Company recording, inter alia,
particulars of the specific vehicle hired and hire charges. (Should the
Hire Form only consist of a quotation, the Customer acknowledges and
agrees to the terms of the quotation of the Company. To the extent that
any of the terms of the quotation are in conflict with this agreement, the
provisions of this agreement shall prevail).
1.1.16 The singular shall include the plural and vice versa, the masculine gender
shall include the feminine gender and vice versa and natural persons
shall include legal and juristic persons and vice versa.
2. RENTING
2.1 VALUE rents to the customer, who hires the vehicle subject to the standard terms and
conditions set out herein.
2.2 The customer shall not acquire any right, title or interest in or to the vehicle, except as
provided for in this agreement.
3. TERMINATION
3.1 Notwithstanding anything to the contrary contained in this agreement, VALUE may
terminate this agreement at any time by notice to the customer, whereupon the
customer shall return the vehicle to VALUE forthwith.
3.2 The obligations of the customer and the rights of VALUE under this agreement shall
continue in effect until the vehicle has been returned to VALUE and the customer has
complied with all his obligations.
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4. DELIVERY AND RETURN
4.1 The customer shall take delivery of the vehicle at the respective renting locations. The
vehicle shall be deemed to have been delivered in good order and repair and without
any damage to the paintwork, upholstery and fittings unless the customer proves
otherwise.
4.2 The customer shall, at the customer’s cost, return the vehicle to VALUE at the agreed
return date/time specified in the schedule; or if 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 VALUE, in the same condition, fair wear and tear
excepted, and at the agreed return location specified in the schedule, or if no such
location is specified, at the renting location, unless the parties have agreed upon
another location in writing.
4.4 The customer shall return the keys of the vehicle to an authorized Value employee.
Failure to do so will result in the customer being fully liable for the value of any loss or
damage in and to the vehicle. In the event of lost keys, the customer shall be
responsible for all costs, loss and/or damage arising therefrom.
4.5 Without derogating from anything in this agreement, on the expiry or termination of
this agreement for any reason, VALUE shall be entitled to take possession of the
vehicle wherever it may be located and from whomsoever may then be in possession.
5. RENTAL CHARGES
5.1 A deposit shall be payable in advance (which will be made in acceptance with the preauthorization
procedure of VALUE as set out on the hire form).
5.2 The rental charges payable by the customer for the use of the vehicle shall:
5.2.1 be a rental calculated for the whole of the rental period at the rates and
on the basis specified in the schedule read with the official rates
brochure;
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5.2.2 be all other charges for the services or benefits opted for or utilized by
the customer for the whole of the rental period as contemplated in the
schedule including but not limited to miscellaneous charges/airport
surcharges/tourism levy, one way fee, delivery fee, collection fee,
collision damage waiver fee, theft loss waiver fee, personal accident
insurance, refueling charge where vehicle is returned with less fuel than
when rented, be calculated at the rates and/or on the basis specified in
the schedule;
5.2.3 include all taxes levied on any amounts payable by the customer.
5.2.4 the value of the quantity of fuel required to refill the vehicle’s fuel tank
when it reaches VALUE’s premises after collection or return of the
vehicle. A refueling surcharge will be applicable.
5.3 In determining the rental 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 VALUE on any other fair and reasonable basis and the customer shall
be obligated to furnish all such information and assistance as VALUE may reasonably
require for that purpose. Kilometers will be charged from dispatching depot to
dispatching depot. If there is proof that the odometer has been tampered with, the
rates will revert to the standard daily rate and an additional 500 kilometers per day will
be charged.
5.4 If during the rental period the customer received any service or benefit contemplated
in the schedule but for which no basis for charging is specified, then the customer
shall pay a charge determined on the basis specified in the official rates brochure or, if
no such basis is specified, on VALUE’ standard rates applicable at that time in respect
of the particular service or benefit.
5.5 The customer shall also be liable for all fines, penalties and like expenses (including
all attorney and own client costs incurred by VALUE to its attorneys in addressing
expenses) including but not limited to parking, traffic and other offences, arising out of
or concerning the use of the vehicle during the rental period and the customer
accordingly indemnifies VALUE against all such liability.
5.6 All charges payable by the customer shall be payable either:
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5.6.1 by way of credit card and in compliance with the credit card application
and authorization attached to the Hire Form (it being agreed that the
Customer shall be liable for payment of the cost incurred due to any
incorrect and/or faulty transactions resulting from the Customer’s actions
and/or omissions). Should any financial institution for any reason
whatsoever refuse payment of the credit card transactions, the Company
shall be entitled to recover any such monies owing to the Company
forthwith and directly from the Customer. The Customer acknowledges
that notwithstanding that payments are to be made by credit card, the
Customer shall remain solely responsible to ensure that all payments
due in terms hereof reach the Company’s bankers on the due date of
payment and all payments will be at the risk of the Customer until
actually received by the Company; or
5.6.2 within 30 (thirty) days of date of statement provided that the Customer
has an approved account; or
5.6.3 immediately on demand by the Company.
5.7 If any amount is not paid on due date VALUE shall, without prejudice to any rights it
may have, charge interest on all overdue amounts at 2%(two per centum) above the
prime lending rate utilized by VALUE’s bankers on the date upon which payment is
first due.
5.8 A certificate of any Director, Manager or Accountant of VALUE (whose appointment or
authority need not be proved) as to any amount owed by the customer to VALUE shall
constitute prima facie proof of that amount.
5.9 If VALUE has agreed to accept payment from the customer by credit card or charge
card specified in the schedule, the customer’s signature on this agreement in the
schedule shall constitute authority for the issuer of the card to debit him with the total
amount due.
6. USE OF VEHICLE
During the rental period:
6.1 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
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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 custom laws or in any other illegal manner; in any motor sport;
beyond the boarders of the territory unless authorized by VALUE 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 aforegoing;
6.2 The customer shall make adequate provision for the safety and security of the vehicle
and, in particular, but without limiting the generality of the aforegoing, he shall keep
the vehicle properly locked and secured and immobilized and the burglar alarm (if any)
activated and any anti-theft device supplied by VALUE properly secured and in place
when the vehicle is not in use.
7. THE DRIVER
During the rental period, the vehicle may not be driven by any other person other than the
customer himself, except where subject to any limitations or qualifications set out in the
official rates brochure, such other person is listed and disclosed as an additional driver on the
schedule.
7.1 Notwithstanding anything else to the contrary in clause 7 above, the vehicle may not
be driven by any person under the age of 23 years or by, any person whose driver’s
license has not been valid for a minimum period of 2 years.
7.2 The customer 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
similar substance and that every driver of the vehicle will have a valid license to drive
the vehicle, will comply with all applicable laws and will comply in all respects with the
provisions of this agreement.
7.3 If the vehicle is driven by anyone other than the customer, then, without derogating
from any rights or remedies which VALUE may have –
7.3.1 the customer shall remain liable for all his obligations in terms of this
agreement and in particular, he shall be liable to VALUE as if he had
been the driver; and
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7.3.2 where the vehicle is not driven by a person referred to in 7.1, the
customer shall not be entitled to exercise any of the rights which the
customer or the driver may otherwise have been entitled to exercise in
terms of this agreement.
8. LIABILITY FOR LOSS OR DAMAGE WAIVER AND PERSONAL ACCIDENT INSURANCE
8.1 All risk in and to the vehicle shall be and remain with the customer throughout the
rental period.
8.2 The customer shall be liable for any loss 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 it is attributable to his fault or
negligence, or to an act of God (including but not limited to hail) provided that if none
of the situations or circumstances set out in 8.3 is applicable, the customer’s liability is
respect of each incident giving rise to such loss or damage, as the case may be, shall
be limited as follows:
8.2.1 if he will have declined collision damage waiver as indicated by his
signature on the schedule his liability will be limited to the amount
specified in the schedule or, if no such amount is so specified, to the
amount specified in the official rates brochure;
8.2.2 if he will have accepted collision damage waiver as indicated by his
signature on the schedule his liability will be limited to the amount
specified in the schedule or, if no such amount is specified, to the
amount specified in the official rates brochure, and will be reduced
further to the extent, if any, specified in the official brochure;
8.2.3 if he will have declined theft loss waiver as indicated by his signature on
the schedule his liability will be limited to the amount specified in the
schedule or, if no such amount is specified, to the amount specified in
the official rates brochure;
8.2.4 if he will have accepted theft loss waiver as indicated by his signature on
the schedule his liability will be limited to the amount specified in the
schedule or, if no such amount is 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;
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8.2.5 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 provision of 8.2.1 to 8.2.4 above, his liability will be
limited to the relevant amount or percentage specified in the official rates
brochure applicable in such other country or territory which is current at
the commencement of the rental period. The customer will be
responsible for ascertaining such details or obtaining the relevant official
rates brochure from a VALUE location in the other country or territory in
question.
8.3 The customer’s liability shall not be limited as set out in 8.2.1 to 8.2.4 if –
8.3.1 the loss or damage or the event giving rise thereto was caused by the
fault or negligence of the customer or the driver (whether authorized or
not) of the vehicle; or
8.3.2 the loss or damage or the event of giving rise thereto occurred in a
situation where no other vehicle or animal or object was involved, unless
the customer 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 authorized or not) of the vehicle; or
8.3.3 at the time of the occurrence of the loss or damage or the giving rise
thereto:
8.3.3.1 the vehicle was being driven on a road which was not tarred or,
generally, which condition was otherwise not suitable for the
vehicle; or
8.3.3.2 the vehicle was being used for a purpose prohibited in terms of
6.1 or was being driven contrary to any other provision of 6.1; or
8.3.3.3 the vehicle was being driven by a person not authorized to do so
in terms of 7.1 to 7.3; or
8.3.4 in the case of theft or loss of or from the vehicle or damage to the
vehicle, the customer was in breach of 6.2; or
8.3.5 without derogating from any of the aforegoing, the customer was in
material breach or was committing a material breach of this agreement;
or
8.3.6 after the occurrence of the loss or damage or the event giving rise
thereto, the customer breaches any of the provisions of 9.
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8.3.7 the loss or damage or the event giving rise thereto was caused by any
person whomsoever during the loading of goods onto or into the vehicle,
whether allowed in terms of this agreement or not.
8.3.8 the loss or damage on the event giving rise thereto was caused by any
illegal operation.
8.4 Accordingly where 8.3 is applicable, the customer shall pay to VALUE 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 retail value thereof before the damage occurred as is
indicated in the Auto Dealers Guide for the applicable month that the loss/damage
occurred.
8.5 If the customer accepts the purchase of personal accident insurance as indicated in
the schedule 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 VALUE for his benefit but subject to all the terms and conditions of that
policy and the other accompanying arrangements, if any, and the customer
acknowledges that VALUE 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 available for inspection by
the customer at VALUE’s Head Office and the customer shall in any event be deemed
to be aware of all the terms and conditions of the policy and the other arrangements, if
any.
8.6 Notwithstanding anything in this agreement, VALUE shall not be obligated to make,
institute or proceed with any claim which VALUE 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, VALUE shall be entitled, in its sole discretion, to abandon such claim
to settle such claim on any terms.
8.7 All insurance cover shall exclude cover for any personal belongings or any item
whatsoever stolen from the vehicle/s.
8.8 Any unauthorized extension of the rental of the vehicle shall suspend and render
invalid any collision and theft cover in respect of the vehicle.
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8.9 All incidents of loss or damage in and to the vehicle shall be subject to an
administrative charge.
8.10 Should the damage to, or breakdown of the vehicle, be as a result of abuse of the
vehicle, then:
8.10.1 the hire period shall not be interrupted as from the time of notification but
shall continue to run and the Customer shall be liable to pay to the
Company hire charges until such time the Company has caused the
vehicle to be restored to working order.
8.10.2 all towing and other charges incurred by the Company in restoring the
vehicle to working order shall be for the Customer’s account
9. BREACH
9.1 Breach of contract occurs, but is not limited to, when:
9.1.1 the vehicle is not returned by the customer as specified in clause 1.1.5; or
9.1.2 the vehicle is driven by a person not listed as an additional driver as specified in
clause 7 or the schedule; or
9.1.3 the loss or damage or the event giving rise thereto occurred in a situation where:
9.1.3.1 no other vehicle, animal or object was involved; or
9.1.3.2 the vehicle was being driven on a road that was not tarred or,
generally which condition was otherwise not suitable for the
vehicle; or
9.1.3.3 the vehicle was being used for a purpose prohibited as specified
in clause 8.3.3 hereof; or
9.1.3.4 the vehicle was 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
a narcotic drug; or
9.1.3.5 the vehicle was being used for a purpose prohibited as specified
in clause 6.1 hereof; or
9.1.4 the customer 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 customer shall become liable for the total repair costs or replacement costs
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as applicable. For the purpose of calculating such loss reference shall be made to the
Auto Dealers Guide.
10. RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
10.1 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 customer shall take every reasonable
precaution to safeguard the interest of VALUE including but without being limited to
the following, where appropriate:
10.1.1 he shall notify VALUE immediately or within 3 hours of the occurrence;
10.1.2 he shall obtain the name and addresses of everyone involved and of
possible witnesses;
10.1.3 he shall not admit responsibility or liability nor release any party from any
liability or potential liability not settle any claim against or potential claim
against or by any party nor accept any disclaimer of liability;
10.1.4 he shall notify the police within twenty-four hours of the occurrence in
question and shall obtain a police case number;
10.1.5 within twenty-four hours of the occurrence in question he shall complete
and furnish to VALUE, VALUE’s standard claim form which he shall be
responsible to obtain from VALUE;
10.1.6 within twenty-four hours of an accident or theft or loss of or from the
vehicle, he shall submit a copy of his driver’s license to VALUE;
10.1.7 he shall make adequate provision for the safety and security of the
vehicle;
10.1.8 he shall co-operate with VALUE and its insurer 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 required to do so).
10.2 If the customer is not the driver, then, without in any way derogating from the
customer’s obligations in terms of this clause 10, the customer shall procure that the
driver complies with the provisions of 10.1 and the customer warrants that the driver
will do so.
10.3 The customer shall within 24 hours of receipt thereof furnish to VALUE (and if the
customer is not the driver, the customer shall also procure that the driver furnishes to
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VALUE) any notice of claim, demand, summons or the like which the customer or the
driver may receive in connection with the vehicle.
10.4 The customer warrants that the information completed on VALUE’s claim form as
referred to in 10.1.4 will be complete, true and correct in every aspect.
11. EXEMPTION
11.1 VALUE shall not be liable for any damage arising out of any defect in or mechanical
failure of the vehicle; nor for any loss of or damage to any property transported or left
in the vehicle; nor for any indirect damages, consequential loss, loss of profits or
special damages of any kind for any breach of this agreement.
11.2 The customer indemnifies and holds VALUE harmless against any claims which may
be brought against VALUE by any person or entity resulting from the use or
possession of the vehicle by the customer
12. GENERAL
12.1 This agreement shall be governed in all respects by the laws of the Republic of South
Africa.
12.2 This agreement shall constitute the entire agreement and nothing shall be varied or
changed unless reduced in writing and signed by or on behalf of the customer and an
authorized Director of VALUE.
12.3 The customer consents in terms of Section 45 of Act 32 of 1944 of the Magistrate
Court Act to VALUE instituting any action or proceedings for enforcing any of its rights
under this agreement in the Magistrate’s Court of any district having jurisdiction by
virtue of Section 28 of the said Act. The customer agrees, that VALUE in its sole and
absolute discretion may institute any such action or proceedings in any division of the
High Court which may have jurisdiction.
12.4 The customer shall not be entitled to cede any of his rights under this agreement or to
sub-let or part with possession of the vehicle, its tools or equipment or any part of it.
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12.5 If VALUE institutes any legal proceedings against the customer to enforce any of its
rights under this agreement it shall be entitled to recover from the customer 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.
12.6 If the customer enters into this agreement on behalf of any principal, including any
disclosed principal, he shall be personally liable jointly and severally with his principal.
12.7 The customer chooses the address specified on the schedule as his address for
service of all legal process and any notice posted to him there shall be deemed to be
received seven days after it is posted unless he proves the contrary.
12.8 VALUE shall be entitled to carry out a credit check on a customer with one or more
credit agencies who may retain a record thereof and VALUE shall be entitled to record
any default by a customer with any credit agency. Such records may be made
available by the credit agency to third parties.
12.9 The customer acknowledges that the vehicle is fitted with a vehicle management
system which is used to inter alia, record speed, illegal entry and other information
relating to the vehicle rented. VALUE shall be entitled to use such information
(including in court proceedings) as it deems fit.
I/We hereby acknowledge and accept the terms
and conditions as set out herein.
____________________________
For and on behalf of:
______________________________________________(company name)
______________________________________________(company registration number)
______________________________________________(name of signatory)
___________________________(date signed)
