Terms & Conditions
UNLIMITED KILOMETRES : NO EXCESS ONLY R3000 Security deposit needed on collection
TERMS AND CONDITIONS OF THE RENTAL AGREEMENT
In this agreement, unless the context otherwise, the following expressions shall bear the following meanings.
“The Company”: means the Car Rental partner.
“The Hirer”: means the hirer and/or operator of this vehicle.
“The Rental Period”: means the period between the commencement date of the hire of the vehicle and the end date, which dates are stipulated on the face
of this agreement.
“The commencement date”: being the date on which the Hirer signs the agreement with Company.
“The end date”: meaning the date on which the Company takes delivery of the vehicle from the Hirer.
“The extension of rental period”: which means an extension to the rental period as described above, which will come into effect should the vehicle not
be returned to the Company for any reason whatsoever, on the end date.
“The Vehicle”: is as described in this agreement as being hired with all its keys, tyres, accessories, spares, documents, equipment and tools, in and
on the vehicle when the Hirer takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been
officially authorised by the Company for any reason whatsoever.
“He or His”: means whenever used in reference to the Hirer. “he or his shall” , in the event of the Hirer being a firm, partnership, corporation,
company trust, voluntary association or club, be deemed to refer to such firm, partnership, corporation, company, trust, voluntary association or club.
“Waiver”: means a reduction of liability in the event of accident and or theft and or loss of vehicle.
“Personal Accident Benefit”: means an optional insurance product more fully described in the brochure.
“Damages”: means any and all damages suffered by the Company, including the actual expenditure incurred in towing, transporting and/or storing the
vehicle, repairing any damage (including tyre and rim damage), replacing of parts and/or accessories (without allowing for depreciation), payments made
to an expert to inspect collision damage and report thereon, or any other damages, costs or expenses incurred by the Company of whatsoever nature and
includes total loss where applicable.
“Additional Driver”: means any person who has been identified on the first page of rental agreement, an additional driver and who has accepted
responsibility as an Additional Driver in terms of the rental agreement by signature thereof.
"Young Driver"means any person who has been identified on the first page of the rental agreement as a young driver and who has accepted responsibility
as a young driver in terms of the rental agreement by signature thereof. A young driver is a hirer who is under the minimum age of 21 (twenty one)
years and is in possession of a valid driver’s license for a period of 1 (one) year. A once-off young driver surcharge is payable.
“Auto-glass”: all vehicle glass inclusive of mirrors and lights.
“Holding Deposit”: means a deposit held by the company on inception of the rental for all incidentals occurred whilst hiring the vehicle. The Holding
deposit is subject to vehicle in a specific group and/or class. There will be a N$1000 fuel deposit added.
“Vehicle Protection Plan”: Mandatory fee to cover the vehicle tracking system implemented for both the security of the Hirer and will enable location
of the vehicle if and when necessary.
“Damage Liability Amount”: means the amount the Hirer is liable to pay for damage/ loss based on the type of Waiver selected and subject to terms and
conditions of this agreement.
1.1 The Company rents to the Hirer the vehicle with all
accessories, equipment check list may specify only some of the accessories, equipment, spares and tools, and the onus is placed upon the Hirer to
ensure that the equipment check list is completed prior to taking delivery of the vehicle.
1.2 The vehicle is hired to the Hirer for the rental period as stated on the face of the agreement together with any extended period which may apply,
and subject to the terms and conditions contained herein. The Hirer is obliged to request an extention of the current rental period, should the Hirer
wish to do so, from the Company at least 24 (twenty four) Hours prior to the termination of the current rental period.
1.3 The Company reserves the right in its sole discretion to terminate this agreement at any time. Upon termination of the agreement, the Company will
take possession of the vehicle and shall not be obliged to provide the Hirer with a similar or alternative vehicle under this or any further agreement.
1.4 The Hirer may not terminate this agreement prior to the end date in respect of the rental period, without the prior written consent of the Company,
which consent shall be requested within a reasonable time from the Company. Should the Company approve the reduction in the rental period, the Company
is not obliged to grant the Hirer a reduction on, remission or refund of, any changes for early termination.
2. RENTAL CHARGES PAYABLE
2.1 The Hirer undertakes to pay the Company all charges incurred in respect of rental, plus any and all additional charges and miscellaneous services,
which may arise from this agreement.
2.2 The rental fees payable shall include, but not be limited to the following:-
2.2.1 A daily charge out rate as described in the “Thrifty Car Rental Brochure” which the Hirer is deemed to have read, calculated on a 24 hour basis
from the time the vehicle is delivered to the time the vehicle is returned and or alternatively collected;
2.2.2 The Damage Liability waiver charged, where applicable in terms of this agreement;
2.2.3 All payments in respect of rental and any other charges levied in terms of this agreement, together with any taxes, are due and payable on
demand, and at the latest on expiry of the rental period. The Hirer shall not set off or withhold payment of any amounts due to the Company in terms of
this agreement for any cause whatsoever.
2.2.4 The following fees and charges will become applicable to the Hirer for and on rental of the vehicle, if and when applicable,
2.2.5 Mandatory charges include but are not limited to a contract fee, drop off fees, vehicle protection plan, compulsory damage waiver and the holding deposit
2.2.6 Upon election of Hirer but the fees are not limited hereto: additional driver and or young driver surcharge..
2.2.7 The minimum age of the Hirer is 21 years. The Hirer further confirms that he is over the age of twenty one (21) years and has had a valid
driver’s license for a period of more than 1 (one) years.
2.3 The Hirer shall be liable to pay a traffic fine and /or administration fee levied in respect of such traffic fine issued in respect of the vehicle,
while it was in the possession of the Hirer.
2.4 The Hirer shall be liable to pay an a traffic fine and administration fee levied in respect of either an accident and or alternatively damages to
the Company’s vehicle or third party vehicle and or property, caused by the Hirer during the rental period.
2.5 Vehicle keys and locks which are lost shall be reported to the Company as soon as possible. The new key and lock set shall be purchased from the
Manufacturer by the Company and cost of replacement and cost of fitting shall be for the Hirer’s account. If the key is locked inside the vehicle, the
costs of a reputable locksmith to retrieve the key shall be for the Hirer’s account.
3. AVAILABILITY OF VEHICLES
3.1 All makes and models requested by the Hirer are subject to the availability of vehicles within the fleet of the Company.
3.2 The Company reserves the right to provide a similar or alternative make and/or model of vehicle to the Hirer without prior notice.
4. THE HIRER’S OBLIGATIONS IN TERMS OF THIS AGREEMENT
4.1 The Hirer is responsible for the care of the vehicle while in his possession and shall ensure that sufficient engine coolant, oil and fuel are
maintained and that the tyre pressure and wheel alignment remain in the same state as on the date of delivery and or collection of the vehicle to the
Hirer. The onus rests on the Hirer to ensure correct fuel type for the vehicle is used when refuelling during the hire period.
4.2 The Hirer is obliged to ensure that the vehicle is secured and protected at all times, and is retained in a secure place when the vehicle is not in
use. The Hirer is obliged to ensure that the alarm and any security devices are activated at all times, and that all doors and windows are locked
and/or secured. The Hirer is obliged to ensure that he shall not cause or allow the vehicle to be neglected, abused, damaged or modified in any way.
4.3 The Hirer is obliged to ensure that all vehicles are driven on a public road at all times. The Company reserves its right in its sole discretion to
restrict the use of the vehicle in certain areas where there is concern due to adverse road conditions, weather conditions and/or political unrest or
any other condition.
4.4 The Hirer shall not cause or permit the vehicle to be driven unlawfully or illegally or to be used for any unlawful purpose or a purpose for which
it was not designed, or in such a way to increase the risk of being damaged, lost to or to be overloaded.
4.5 The Hirer is not permitted to use the vehicle outside of the borders of the Republic of South Africa or Namibia unless the Company has consented
thereto in writing.
4.6 The Hirer shall not hire or lend the vehicle to anyone, or permit the vehicle to be in the possession or control of anyone other than the Hirer or
the operator as stated on the face of this agreement. In the event the Hirer has hired the vehicle for a period in excess of 20 (twenty) plus days, as
referred to in the Thrifty Car Rental brochure, the Hirer shall return the vehicle to the Company at the Company’s premises, as stipulated on the face
of this agreement, at the termination of this contract, alternatively at any time sooner at the request of the Company. In the event that the Hirer has
hired the vehicle for an extended rental period, the Hirer shall return the vehicle to the Company at the Company’s premises for its services, at the
intervals of 15 000km (Petrol Vehicles)/7500km (Diesel Vehicles) or every 6 (six) months, whichever event occurs first.
4.7 The Hirer will not drive the motor vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance nor will he
permit any operator to drive the vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance.
4.8 The Hirer's speed is regulated at a maximum of 60km per hour on a gravel and or dirt road irrespective of road signs. The Hirer will not exceed the
speed limit of 120 km per hour on all national roads or as indicated by road signs.
4.9 The Hirer shall, in the event of the vehicle being involved in an accident or being stolen, report such incident to the local police and the
Company within 24 (Twenty Four) hours irrespective of third party involvement. The hirer shall provide the Company with the relevant case number and
complete all prescribed documentation fully and truthfully. The Hirer is obliged to assist and co-operate with the Company in investigating and
finalising such incident or any dispute that may arise from this.
5. AUTHORISED DRIVERS.
5.1 The Hirer, by signing this agreement, warrants that he and “any authorized driver” has an unendorsed and valid driver’s license which remains valid
for the full period of the rental undertaken.
5.2 In the event that the Hirer is not a South African/Namibian citizen, or does not have a valid South African/Namibian driver’s license, must in such
event, produce an international driver’s license, in the alternative a valid driver’s license of his origin / resident country for the hire of the
6.1 The vehicle is hired to the Hirer by the Company at the sole risk of the Hirer, from the date and time of delivery and or collection of the vehicle
to him, until such time as the vehicle is returned to the Company’s premises. In the absence of any written notification from the Hirer to the Company
to the contrary, the vehicle is deemed to be delivered to the Hirer by the Company, free of any damage of whatsoever nature, and in good order and
6.2 The Company will not be held liable for any damages sustained or further liability which the Hirer incurs as a result of hiring the vehicle, from
any cause arising whatsoever, whether negligently or otherwise. The Company is not responsible for any defect of any nature whatsoever in the vehicle
at the time of hire, alternatively, any defect that may arise during the rental period.
6.3 The Hirer indemnifies the Company against any claim by any person for any damage of any nature whatsoever arising, as a result of any incident
involving the vehicle, whether as a result of the Company’s negligence or otherwise. The Company shall not be liable for any damage arising out of any
defect in, or mechanical failure of the vehicle, nor for any indirect damages, consequential loss, loss of profit or any other damages which the Hirer
or operator, or any other third party transported in the vehicle may suffer, arising out of this agreement.
6.4 The Hirer confirms no representation or warranty has been made by the Company with regard to defects in delivery time, condition quality, and state
of repair, performance capability, fitness or suitability for any purposes, of the vehicle.
6.5 The Hirer’s sole risk of loss or damage to the vehicle shall remain vested in him, until such time as the vehicle and all accessories, equipment,
spares and tools of the vehicle are returned to the Company undamaged, in good order and roadworthy condition, fair wear and tear excepted.
7. DAMAGE WAIVER OR THEFT WAIVER
7.1 The Hirer is obliged to accept cover from the Company in respect of a Waiver Protection package, SUPER
WAIVER as contained in the Car Rental terms and conditions. All vehicles hired from the Company are hired subject to acceptance of a
minimum of the compulsory Standard Waiver option.
7.2 The Damage Liability amount applicable to the SUPER WAIVER respectively, is contained on the front page of this Rental Agreement for
the rental period and is subject to the Terms and Conditions of this agreement.
7.3 The hirer shall be liable for any and all loss/damage of, or to the vehicle sustained by the Company, arising from any cause whatsoever, subject to
the Damage Liability payable, as described in the front page of this Rental Agreement, where applicable.
7.4 In the event of the vehicle being stolen or considered beyond economical repair, the replacement value will be the retail value as contained in the
Mead & McGrouther’s Auto Dealers Guide as at the time of such loss. In the event of such vehicle being less than (1) one year old, the cost thereof
shall be the retail value of a new vehicle. All accessories, spares, equipment and tools will be replaced as new.
7.5 The Company reserves the right to withhold a replacement vehicle from the Hirer, this election is at the discretion of the Company and the Hirer
will have no right of recourse and or claim, in monetary or otherwise, against the Company when this election is exercised.
7.6 The Company , in its sole and absolute discretion, reserves the right to entertain a third party claim, Any breach of the terms and conditions
contained in the rental agreement by the Hirer, will result in the Hirer being deemed fully liable for all third party claims occurring as a result
7.7 SUPER WAIVER
Upon acceptance of the Super Waiver for collision damage or theft, the Hirer accepts to pay the Damage Liability Amount applicable in respect of any
damage and/or loss suffered from any cause whatsoever, subject to the following exclusions, in which event he will be held liable for payment in terms
of this agreement;-
(a) Hirer or drivers negligence;
(b) Where the vehicle was driven in conditions which, alternatively under which the Hirer restricted same;
(c) In the event of a collision which is not reported within twenty four (24) hours as required;
(d) Where the vehicle was driven in or to a country and / or area, for which written approval was not obtained from the Company;
(e) Where the vehicle was driven on a road that is not recognized by Government as a public road or provincial road which would include game parks
(f) Where a non designated driver or drivers have caused the loss and / or damage;
(g) Where damage and/ or loss is sustained as a result of civil unrest, riot, war or political unrest;
(h) Where the damage and / loss is sustained by water and under-carriage damage;
(i) Unauthorized salvage and / or towing and / or release fees;
(j) Where the damage and / or loss is sustained to the tyres, rims, hubcap, and glass / auto-glass
(k) Contravention or breach of any term of this rental agreement by Hirer or additional driver.
For the purpose of this Agreement the following will be deemed negligent:
(a) Vehicle overturned in single vehicle accident.
(b) Hitting another vehicle from behind.
7.8 PERSONAL ACCIDENT BENEFIT
7.8.1 For the purposes of this agreement , it is recorded that the Company does not act as an agent in procuring Insurance Products for and on behalf
of the Hirer and that neither the Driver, nor the additional driver are the clients of the Company in relation to the procuring of any Insurance
Product, the Company gives no advice and makes no recommendations regarding the appropriateness or otherwise of the Insurance Product to the Driver,
Hirer or the additional driver, and the Driver, Hirer and additional driver has received their own professional advice regarding the Insurance Product.
7.8.2 If the Hirer elects to purchase the Insurance Product as indicated on the front page of the rental agreement, his acceptance shall constitute an
acceptance by him of the benefit of such Insurance Product and or accompanying arrangements, if any, but subject to the terms and conditions of that
Insurance Product. Furthermore the Hirer acknowledges that the Company shall not under any circumstances have any liability to him under or for any of
the benefits under the Insurance Product. Factual details of the Insurance Product are contained in the Insurance Brochure and which will be made
available to the Hirer on request at the place at which he has taken delivery of the vehicle.
8.1 This document contains the entire agreement between the parties, and the Company shall not be bound by any undertakings, representations,
warranties, promises, or the like not recorded herein. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent
Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.
8.2 No variation, alteration, or addition to, or omission from this agreement will be of any force or effect, unless reduced to writing and signed by
8.3 The Hirer chooses domicillum citandi ET executandi at the address stated on the face of the agreement. The Company’s Domicillium citandi ET
executandi is 17 Sim Road, Pomona, Kempton Park, 1619, Republic of South Africa.
8.4 The parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act 32 or 1944, notwithstanding
the subject matter or cause of action involved, or in the event that the claim may exceed the jurisdiction of the Magistrate’s court.
8.5 This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa or Namibia.
8.6 A certificate signed by any director, manager or other senior employee of the Company (whose capacity and authority need not be proven) shall be
prima facie proof of any amount owing by the Hirer to the Company.
8.7 The Hirer may not withhold the return of the vehicle to the Company for any reason whatsoever, and any delay in returning the vehicle shall be
deemed to be an extension of the rental period, and the Hirer will be liable for any and all charges levied in respect of such extension.
8.8 In the event that the Company incurs expenses in recovering any monies due to it from the Hirer or any other person arising from this agreement,
the Hirer will be liable for any costs and expenses incurred in doing so, on the attorney and own client scale, including but not limited to collection
commission and tracing fees.
8.9 If the Hirer is not the driver, then and in that event, without in any way derogating from the Hirer’s obligations in terms of this agreement, the
Hirer and driver shall be liable to the Company, jointly and severally, in solidium for all and any amounts owing under or in terms of this agreement,
including but not limited to damages.
8.10 By virtue of my signature hereto I hereby bind myself as surety and co-principal debtor and hereby renounce the benefits of excursion and division
for all amounts due and owing by the applicant to the Car Rental,which can arise from time to time
8.11 The Hirer hereby consents and authorises the Company or its nominated representative to undertake any enquiry the Company deems fit about the
Hirers credit and or criminal record with any credit bureau, credit agency and/ or other third party to confirm details of the Hirer as and when the