Terms and conditions
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1. DELIVERY & RETURN:
The USER acknowledges that the vehicle has been inspected and is in good overall condition and is free from any patent defect. The USER undertakes to return the vehicle to Cape Luxury Cars (“hereinafter referred to as CLC”) in the same condition, on demand, or in any event.
2. CONDITIONS OF USE:
2.1 The vehicle shall not be used:
2.1.1 In contravention of any law;
2.1.2 In any race, speed test or contest;
2.1.3 By anyone under the age of 30 years of age;
2.1.4 By anyone other than a duly licensed driver or any unauthorized driver;
2.1.5 On anything other than a tar road;
2.1.6 Beyond a 300km radius from Cape Town CBD without prior written permission from CLC.
2.2 The vehicle shall:
2.2.1 Be parked in a secure parking when not in use, and with the gear lock in place (if fitted);
2.2.2 Be returned with a full tank of petrol.
2.3 Rentals operate in 24 hour periods and must be returned within the last hour of the rental period. Failure to do so may result in CLC losing a prior rental and a penalty of 100% of the total rental so lost will be levied upon the USER
2.3 Kilometers
In the event of the accelerator seal being disconnected and or tampered with, the Kilometerage travelled for purposes of determining rental payable will be deemed to be 1000 kms per day. The Kilometer reading will be opened and closed at CLC’s premises
2.4 The USER shall not smoke or allow any smoking in the vehicle at any time and for any reason whatsoever.
3. INDEMNITY:
3.1 CLC:
3.1.1 Shall not be liable for any loss or damages to any property left or transported in or upon the vehicle;
3.1.2 Does not accept any responsibility for any damages (whether consequential or otherwise) arising from any defect, mechanical failure, breakdown or other circumstances relating to the vehicle; and
3.1.3 Shall not be liable for any loss or damage of whatsoever nature arising from any injury which may be sustained by the driver of the said vehicle, irrespective of how such loss or damage may have been caused.
3.2 THE USER hereby indemnifies and holds CLC harmless against:
3.2.1 Any claims of whatsoever nature which may be brought by any passenger in or on the vehicle and;
3.2.2 Any loss or damage to property belonging to any third party irrespective of the cause of such loss or including any loss or damages it or its servants may suffer resulting from any defect (of whatsoever nature) in the said vehicle irrespective of whether such defect was present before or after delivery of the said vehicle.
3.3 The USER hereby declares that he/she is fit and able to operate the vehicle and has the mandatory license to drive such vehicle.
4. INSURANCE AND DAMAGES DEPOSIT:
4.1 CLC confirms that the vehicle is covered by an insurance policy effected by CLC, and the USER irrevocably agrees to accept the terms and conditions applicable to the policy and accepts the applicable damages deposit refered to, and agreed upon, in the “Reservation/Authority Form” to which these terms and conditions are annexed.
4.2 The USER shall immediately report to CLC any damage, accident, breakdown or theft involving the vehicle or its accessories.
4.3 Should the vehicle be damaged or involved in an accident, The USER undertakes to complete the necessary motor accident claim form, which shall be lodged with the insurers by CLC. Should the insurers require The USER to appear in court as a result of an insurance claim, The USER undertakes to do so at their own cost.
4.4 If a vehicle is used in stunts and SFX sequences, the insurance is null and void.
4.5 The USER will be responsible for the full damages deposit.
4.6 Only claims exceeding the damages deposit amount will be claimed from insurance. In such an event the USER shall forfeit the full damages deposit and shall be liable to pay to CLC a claim handling fee of R500,00.
4.7 In the event that the costs to repair the damages to the vehicle does not exceed the damages deposit amount, the USER shall forfeit part of the damages deposit in an amount equal to the costs of repairing any damage caused to the vehicle. A damages report compiled by a damages assessor instructed by CLC to assess the vehicle upon return thereof by the USER to CLC shall constitute prima facie proof of the damage caused to the vehicle as well as the reasonable costs to repair the damage.
4.8 The USER hereby aknowledges and expressly agrees that CLC shall retain the damages deposit paid by the USER in respect of the vehicle for a minimum period of 30 days or until such time that a damages assessor has inspected the vehicle upon return and provided CLC with a damages report in respect of the vehicle. CLC will ensure that a damages assessor inspects the vehicle within 14 days upon the return of the vehicle to CLC by the USER and that a damages report will be forthcoming from the damages assessor within a reasonable time thereafter.
5. FINES AND PENALTIES:
The USER shall be liable for all fines or penalties imposed as a result of any traffic violations or for any statutory offence whist the vehicle is under loan in terms of this Agreement. The USER authorises CLC to deduct any such fines and/or penalties from the damages deposit.
6. USER WARRANTS AND UNDERTAKINGS:
Should The USER fail to return the vehicle on demand to CLC or by due date (for any reason whatsoever) CLC shall be entitled to immediately terminate this Agreement and take immediate reposession of the vehicle without prejudice to any other rights CLC may have in law.
7. LEGAL FEES:
The USER agrees to pay all legal fees and costs (including attorney and own client costs) incurred by CLC in enforcing any of its rights under this Agreement.
8. OWNERSHIP:
The USER acknowledges that ownership of the vehicle rests with CLC and the USER warrants that he/she shall not sell or alienate the vehicle in any way whatsoever .
9. ACKNOWLEDGMENT:
9.1 I have been fully instructed by CLC as to the operation and use of the said vehicle and have received full instructions in relation to the instrumentation and operating controls of the said vehicle and have accquainted and familiarised myself with the said operation, use and instrumentation and operating controls of the said vehicle to my full satisfaction
9.2 I have personally inspected and satisfied myself as to the roadworthiness of the said vehicle, in particular, without in any way limiting the generality of the aforegoing.
9.3 I have personally verified each of the matters on the checklist annexed hereto marked *A* which is attached hereto and incorporated herein
9.4 I freely and voluntarily consent to and assume all risks of whatsoever nature, howsoever remote, which are associated with the operation and use of the said vehicle
9.5 further aknowledge and agree that CLC shall not be liable for any loss and/or damages of whatsoever nature which I may suffer arising from and or in connection with the above Agreement, including the provision of any services or facility to me by the CLC, its employees or agents in terms thereof, and or my operation and use of the said vehicles irrespective of whether such losses and or damage is caused by the negligence (which for purposes hereof includes gross negligence) of CLC, its employees or agents.
10. CANCELLATION:
There will be a 100% cancellation policy once your booking is confirmed. Should you be worried about cancellation, please take out travel insurance for this.
11. BREACH:
11.1Breach of any of the above terms and/or conditions of this agreement will result in the full deposit amount being forfeited and CLC will be entitled in its election and without prejudice to any of its other rights to:
11.1.1 claim immediate payment of all amounts due under this agreement plus interest thereon together with the rentals for the unexpired period of this lease agreement;or
11.1.2 cancel this agreement and take back possession of the goods and claim:
(i) all arrear amounts due plus interest thereon; and
(ii) damages.
11.2Should you not disclose any damage incurred on the vehicle during your rental period, the entire deposit will be forfeited for non-disclosure including the right to claim any other damages arising therefrom including consequential damages and loss of rental income.
11.3Should you refuse to sign the Check Out and Check In Sheet, you will forfeit your entire deposit and rental paid.
12. JURISDICTION, LEGAL COSTS AND DOMICILIUM:
12.1 The USER consents to the jurisdiction of the Magistrate's court in respect of any action or proceeding arising out of this agreement.
12.2 Notwithstanding the foregoing, CLC shall be entitled to bring proceedings
against the USER out of any other competent court having jurisdiction.
12.3 In the event that the CLC institutes legal proceedings against the USER, for any reason whatsoever, the USER shall pay all costs incurred by the CLC, including collection commission and legal costs on an attorney and own client scale and any fees in respect of tracing the vehicle.
12.4 The parties select their domiciliary for the purpose of giving any notice, the serving of any process and for any other purpose arising out of this agreement as follows:
The USER chooses domicillium citandi et executandi at ____________________.
The CLC's Domicillium citandi et executandi is _________________________
The risk in the vehicle shall forthwith upon delivery or on signature hereof, whichever is the earlier, pass to the USER who shall remain liable for any damage to or depreciation, loss or destruction of the vehicle from whatsoever cause arising.
14. GOVERNING LAW:
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
15. ENTIRE AGREEMENT:
This agreement, together with the application form and any annexure hereto constitute the entire agreement between the parties. No variation will be enforced unless concluded in writing and signed by both parties or its duly authorized agents. Any promises or warranties made by any of the staff of CLC will not be enforceable unless contained herein. Any clause that is not enforceable or invalid for any reason shall be severable from the rest of the agreement and shall not affect the validity thereof.
16. CESSION, ASSIGNMENT AND DELEGATION:
The USER may not cede, assign its rights or delegate its obligations under this agreement without the prior written approval of CLC.
17. INDULGENCE:
No indulgence, leniency or extension of time which CLC may grant or show to the USER will in any way prejudice that party in exercising any of its rights in the future.
18. CERTIFICATE OF PROOF:
A certificate by any employee of CLC (whose capacity and authority need not be proved) shall be Prima facie proof of:
o The existence of the agreement
o The amount of indebtedness of the USER
o The commission of a breach by the USER
o The liability of the USER
o The rental period or extension thereof
o The values for damages or losses and the calculation thereof.
o Any proof as may be required.
19. SURETYSHIP:
The signatory hereto warrants that he/she is an adult person of full contractual capacity and is duly authorised by The USER to sign this agreement of behalf of the USER. Should the USER be a Juristic person, other than a natural person, the signatory hereof jointly and severally binds himself / herself as surety & co-principal debtor to the USER in favour of CLC for the performance on demand of all obligations of whatsoever nature and howsoever arising (whether in contract or delict or any other cause whatsoever) which the USER may have in the past owed or may presently or in the future owe to CLC.
Where the surety is married in community of property, then the signature to this document of the spouse of the surety constitutes the written consent required by the Matrimonial Property
Act No. 88/1984. If the signature of the spouse is not appended to this document, then the signature by the surety alone constitutes a warranty that the surety is a person who has the
necessary contractual capacity to be bound by this surety without such consent.
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