STANDARD TERMS AND CONDITIONS OF RENTAL
SAAYMAN CAR AND BAKKIE HIRE CC
a Close Corporation with registration number 2009/139565/23
AND
Saayman Bakkie Verhurings T/A Saayman Van Rentals
a Close Corporation with registration number 2009/208667/23
1. DEFINITIONS AND INTERPRETATION
1.1 In this contract (agreement), unless the context indicates otherwise:
1.1.1 “Additional Driver” means the person who, in addition to the Driver, is reflected on the Rental Agreement as being permitted (allowed) by Saayman to drive the Vehicle; and
1.1.2 “Additional Equipment” means equipment that is not factory fitted in the Vehicle, including but not limited to, navigation equipment (GPS) and/or baby car seat and/or bicycle rack et cetera (and so on, or so forth); and
1.1.3 “Auto Dealers Guide” means the prevailing Auto Dealers Guide publication, containing, amongst others, information relating to the recommended selling prices of motor vehicles; and
1.1.4 “Claims Administration Fee” means an administration fee, calculated as ten (10) percent of the total damages suffered by Saayman, which fee will be charged by Saayman to the client, in all and any instance(s) (events) where any damage(s) whatsoever to and/or any robbery and/or theft and/or any other loss whatsoever of the Vehicle and/or any of the additional equipment (if applicable) occur(s) in all and any manner whatsoever and/or is or are caused in all and any manner whatsoever; and
1.1.5 “Client” means all of the persons whose names appear on the Rental Agreement as Client and/or Driver and/or Additional Driver; and
1.1.6 “Damages” means the actual costs and/or expenses and/or liabilities, including but not limited to, Total Loss (if and when applicable) and/or towing and/or
transporting and/or storing of the Vehicle and/or repairing any damage whatsoever to the vehicle and/or replacing all and/or any parts and/or accessories on and/or to and/or of the vehicle (without allowing for depreciation) and/or paying an expert to inspect collision damage and/or report thereon (assessor’s costs) and/or any other charge(s) whatsoever, incurred by Saayman and/or that Saayman becomes legally liable for, to and/or relating to and/or in respect of the vehicle and/or any Third Party Damage whatsoever, related to all and any incident of whatsoever nature and/or cause and/or magnitude whatsoever and irrespective of who causes such damage(s) (therefore, the client shall be liable for all and any such damage, even if the client did not cause such damage, at all), that occurs and/or is caused and/or commences, during the Rental period and the possession period; and
1.1.7 “Day” means a period of twenty four (24) calendar hours (or any part thereof), calculated from the time out (delivery of the vehicle to the client) as reflected on the Rental Agreement;
1.1.8 “Delivery” means the instance (moment) when the Client, or his representative, takes possession of the keys and/or of the Vehicle (including, but not limited to, Additional Equipment, if applicable), which delivery would normally be the Renting Location, but may be any other place stipulated in the Rental Agreement and/or the terms and conditions and/or any other unspecified place, where such delivery actually occurs; and
1.1.9 “Document Administration Fee” means a once-off (single, non-recurring) charge, the amount of which is set out in the Rental Agreement, which fee is charged for each rental, which is used to cover various expenses (including, but not limited to, storage fees of original documents reflected in the Rental Agreement); and
1.1.10 “Driver” means any person who is reflected on the Rental Agreement, as being permitted (allowed) by Saayman, to drive the Vehicle; and
1.1.11 “Extended period” means any (voluntary and/or involuntary) extension whatsoever of the Rental Period, beyond the agreed return date and/or time,
reflected on the Rental Agreement, irrespective of whether Saayman has authorised such extended period or not; and
1.1.12 “Excess Distance Charge” means the charge, calculated per kilometre travelled, that Saayman will levy against a Client’s account (recover from the Client), the amount of which is set out in the Rental Agreement and is calculated, based on the type of vehicle rented, which amount will be charged in the event that the Client exceeds the limited daily allowed travel distance, as specified in the Rental Agreement; and
1.1.13 “Fuel Costs” means all the costs incurred by Saayman, to refuel the Vehicle to a full fuel tank, when the vehicle is returned by the client to Saayman and/or re-possessed by Saayman, in any other manner whatsoever (provided, obviously, the fuel tank of the vehicle is not already full, when Saayman regains possession of the vehicle); and
1.1.14 “Liability” (also referred to as “debt”) means all and any amount(s) whatsoever reflected in the Rental Agreement, that is and/or are and/or will in future become due and/or payable by the client to Saayman, in respect of the renting of the Vehicle and all amounts in respect of damage(s) (see clause 1.1.6 above) to and/or loss and/or theft and/or robbery (not covered by Waivers) of the Vehicle and any third-party loss and/or damage (not covered by Standard Waiver or Super Waiver); and
1.1.15 “Limited Liability Amount” means the reduced amount payable by the Client, in the event of loss of and/or damage to the Vehicle, to which a Waiver applies or Waivers apply. Therefore, this amount will be calculated by taking the “Liability” and deducting from it any Standard cover and/or Super-cover amount. The amount left, will be known as “Limited Liability Amount”; and
1.1.16 “Possession period” means the time period that Saayman does not have possession of and/or direct and sole control over the vehicle, which period will commence (begin) from the time the vehicle is delivered to the client, until Saayman again obtains possession of the vehicle, by the client voluntarily and/or involuntarily returning the vehicle to Saayman and/or Saayman taking possession
of the vehicle, in all and any (legal and/or lawful and/or illegal) manner whatsoever and wherever Saayman may find the vehicle. Therefore, even if the client had to (for example, but not limited to) possibly abandon the vehicle anywhere (other than the Renting location), before and/or after the termination and/or automatic lapsing of the rental period, the possession period may exceed (be longer than) the rental period; and
1.1.17 “Rental Agreement” means the entire Rental Agreement (contract), issued by Saayman to the Client, including these terms and conditions and all other annexures that may be attached thereto (if applicable). Immediately when the Client has manifested his acceptance of the Rental Agreement, in any manner whatsoever (by physically and/or electronically signing it and/or by any conduct and/or tacitly, whichever may be applicable), the Rental Agreement will have the effect of a legal binding agreement (contract) between the parties; and
1.1.18 “Rental Overdue Administration Fee” means the applicable amount, which amount is set out in the Rental Agreement, that will be charged to the Client, in the event that the Vehicle is not returned, by the Client and/or whomsoever might have the vehicle in his possession, to Saayman, at the agreed date and time, at the expiry of the Rental Period; and
1.1.19 “Rental Period” means the period between the date and time when the Vehicle is delivered to the Client and the Termination date and time, as specified on the Rental Agreement, or if such period is extended by permission or consent by Saayman, the time and date when the vehicle is to be returned, by the client, to Saayman; and
1.1.20 “Renting Location” means Saayman’s premises, the current physical address of which is set out in more detail in the Rental Agreement, from which the Vehicle is rented by the Client; and
1.1.21 “Saayman” means Saayman Car and Bakkie Hire CC, a close corporation with registration number 2009/139565/23 and Saayman Bakkie Verhurings T/A Saayman Van Rentals a Close Corporation with registration number 2009/208667/23
1.1.22 “Termination Date” means the date reflected in the Rental Agreement, upon which the Vehicle must be returned to Saayman, alternatively any extended (later) date, when the Vehicle needs to be returned to Saayman, as agreed upon by and between the parties, at any time after conclusion of the Rental Agreement, which date is so reflected on Saayman’s records; and
1.1.23 “Third Party Damage” means any claim(s) whatsoever, made by any third party (any one other than the parties to this contract), in respect of all and any Damage(s) and/or loss, that the Client and/or the driver and/or the additional driver and/or any other person whomsoever who drove the vehicle (legally and/or illegally), has actually and/or is alleged to have caused, to the property and/or vehicle and/or person and/or estate of any third party whomsoever; and
1.1.24 “Total loss” in relation to any Vehicle means:
1.1.24.1 Damages (see clause 1.1.6) where the estimated costs of repairs, less (minus)
any salvage (if applicable), are such that the Vehicle is, in the sole and absolute and unfettered discretion of Saayman, uneconomical to repair; or
1.1.24.2 in the case of a stolen and/or lost Vehicle, the retail value as reflected in the Auto
Dealers Guide (Clause 1.1.3), or if not reflected therein, the price of a new vehicle, as supplied by the manufacturer as at the date of loss, less (minus) any salvage (if applicable); and
1.1.25 “Traffic Fine Administration Fee” means an amount levied by Saayman, as determined by Saayman, in Saayman’s sole and absolute and unfettered discretion, to administer any traffic fine(s) caused and/or incurred by the Client and/or the driver and/or the additional driver and/or any other person whomsoever who drove the vehicle (legally and/or illegally), since the vehicle is delivered to the client, until Saayman obtains possession of the vehicle again; and
1.1.26 “Undercarriage” means the supporting framework underneath a Vehicle and, for the purpose of this agreement, also parts such as axles and/or brake lines and/or sump and exhaust system; and
1.1.27 “The Vehicle” means the vehicle and trailer and/or caravan (if applicable), described in the Rental Agreement (and all and any replacement for the Vehicle, which has been officially authorised by Saayman, irrespective of whether such
replacement was authorised or approved by the Client), including but not limited to, all the keys and tyres and tools and equipment and accessories (including e-tag, if applicable) and Additional Equipment and documents in and on the Vehicle, when the Client takes delivery of the Vehicle; and
1.1.28 “Waiver” is an agreement (standard and/or super waiver) between Saayman and the Client, in terms of which Saayman agrees to abandon its right, to claim any pre-agreed amount and/or percentage of Damages, from the Client, in exchange for an upfront fee (payment in advance), paid by the Client to Saayman. In the event of an incident and/or collision and/or accident and/or theft and/or robbery and/or any other loss of a Vehicle, to which any relevant Waiver applies, the Client’s liability will be reduced to the Limited Liability Amount (or, to the total amount of Damages, if such total amount of Damages is less than the Limited Liability Amount); and
1.1.29 “Website” means Saayman’s official website, which can be accessed at www.saaymanmotors.co.za.
1.2 Captions and headings are inserted for reference and convenience only and will not be used in the interpretation of this contract.
1.3 An expression which denotes the male and/or female and/or neuter sex and/or gender, includes all and any other sexes and/or genders, and vice versa.
1.4 Reference to any person includes any natural person and/or corporate and/or incorporate company and/or partnership and/or close corporation and/or trust and/or organisation and/or association and/or all and any other entity, and vice versa.
1.5 Reference to the singular form will also include the plural and vice versa.
1.6 The parties agree and confirm that the rule of interpretation, known as contra proferentum, is excluded from the interpretation of this contract. The parties record that this contract (agreement) shall at all times and relating to all and any matter whatsoever, be interpreted to benefit Saayman.
1.7 The words "shall" and "will" and "must", used in the context of any obligation and/or restriction imposed on any party, have the same meaning.
1.8 Where any term is defined in the context of any particular clause in this
contract, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to only such relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this contract, notwithstanding that such term has not been defined in this interpretation clause.
1.9 If any provision and/or any definition in this interpretation clause, is a substantive provision, conferring rights and/or imposing obligations on any party, effect shall be given to such provision as if it were a substantive clause in the body of this contract, notwithstanding that such provision is contained in only the interpretation clause of this contract.
1.10 If any period of time is referred to in this contract, by way of a reference to any number of days and/or weeks and/or months and/or any other interval(s) of time whatsoever, such time period shall be reckoned exclusively of the first day and inclusively of the last day of the relevant interval, unless the last day falls on any day which is not a business day, in which case the last day of such relevant interval, shall be the next immediately succeeding business day.
1.11 If the due date for performance of any obligation in terms of this contract, is a day which is not a business day, then, unless otherwise stipulated, the due date for performance of the relevant obligation shall be the immediately succeeding business day.
1.12The Gregorian calendar shall be used to interpret this contract.
1.13 In different religions and/or cultures, different calendars are used. For example, the Hebrew and Christian (Gregorian) and Chinese and Islamic (and various other) calendars, all differ from each other.
1.14 In terms of South African Law, parties to any Contract may agree to use any calendar, to calculate the time periods that apply and will apply to such Contract.
1.15In terms of clause 1.12 above, the parties to this Contract agree and choose to use the Gregorian calendar, to calculate the time periods that apply and will apply to this Contract.
1.16If any obligation and/or act is required to be performed on any particular day, it shall be performed, unless otherwise stipulated, by 16:00 (local time at
the place where the obligation and/or act is required to be performed), on such day.
1.17This agreement shall be governed and/or interpreted and/or enforced in accordance with the laws of the Republic of South Africa, that apply and will apply, at all and any relevant time, in the future.
1.18Unless the context clearly indicates the contrary, reference to any day shall be a calendar day and reference to any month shall be a calendar month.
1.19"The VAT Act" means the Value Added Tax Act 89 of 1991 as amended from time to time, along with all and any Schedules and/or Regulations published in terms thereof and/or relating thereto.
1.20"VAT" means Value Added Tax as provided for in the VAT Act.
1.21"The CPA" means the Consumer Protection Act 68 of 2008, as amended from time to time, along with any Schedules and/or Regulations published in terms thereof of and/or relating thereto.
1.22"the Parties" means Saayman and the client and/or, depending upon the context, any combination of the signatories to this Contract. In addition, each signatory shall also be referred to as "Party", individually.
1.23"writing" and/or "written" exclude electronic mail (e-mail) and/or short message service (sms or text messages) and/or WhatsApp and/or Google Messenger and/or Facebook Messages and/or Mxit and/or Blackberry Messenger and/or any other similar electronic message medium. Therefore, "writing" and/or "written" means a physical (hard copy) document and/or page and/or paper, the contents of which has been handwritten and/or typed and printed out.
1.24"business day" means any day,other than a Sunday and/or Saturday and/or any government decreed and/or imposed (public) holiday.
1.25"non business day" means any Sunday and/or Saturday and/or any government decreed and/or imposed (public) holiday.
2.RENTING OF THE VEHICLE
2.1 The parties hereby agree that Saayman rents the Vehicle to the Client, who hereby hires the Vehicle, subject to the terms and conditions as set out herein. The Client will be bound by these terms and conditions, irrespective of whether the client was driving the vehicle and/or drove the vehicle and/or had driven the vehicle, at all, at any time whatsoever.
3. DELIVERY OF THE VEHICLE / ADDITIONAL EQUIPMENT
3.1 Delivery of the Vehicle takes place at the time when the Client or his representative takes possession of the keys to the vehicle and/or the Vehicle (including Additional Equipment, if applicable). In the event that the Client pays for the renting of the Vehicle, by debit card, delivery of the Vehicle will take place, only at the Renting Location.
3.2 The vehicle shall be deemed to have been delivered to the client, in good order and repair (fair wear and tear excluded) and without any damage (including, but not limited, to the paintwork and/or upholstery and/or tyres and/or windshield and/or side glass and/or light(s) and accessories) whatsoever, unless any damage to the Vehicle and/or Additional Equipment is recorded, in writing and signed by both parties. In the event that no damage is recorded, in writing, at the time of delivery of the Vehicle (fair wear and tear excluded), it will be accepted that the Vehicle was delivered to the Client, without any damage(s) whatsoever, in which case the Client shall be liable for and shall immediately pay to Saayman, all and any damage recorded, at the time of the return of the Vehicle to Saayman (fair wear and tear excluded). The client is hereby informed that the client is entitled and encouraged to take photographs of the inside and the outside of the vehicle, immediately after the Client has taken delivery of the vehicle, in order to protect the client. Saayman will take photographs of the vehicle, before delivery of the vehicle to the client and immediately when Saayman obtains possession of the vehicle again, at the end of the Rental period and/or the possession period, which photographs Saayman may use in all and any proceeding(s), against the client, in order to prove any damages whatsoever.
3.3 The Client will have no claim whatsoever, against Saayman (other than compensation provided for in terms of the CPA), in the event that the Vehicle and/or Additional
Equipment (if applicable), are not available for delivery, when the Client is supposed to take delivery of the vehicle and/or the Additional Equipment.
4 USE OF VEHICLE
4.1 The Vehicle may be utilised only for the Rental Period, as stated in the Rental Agreement, or any Extended Period, agreed upon between the parties.
4.2 The client agrees that any Extended Period noted on Saayman’s records, would correctly reflect such Extended Period.
4.3 The Vehicle may be driven, only by the Client and/or the Driver and/or the Additional Driver. The Client and the Driver and the Additional Driver, must at all times (when he is driving the vehicle) have his valid and unendorsed driving (Driver’s) licence with him.
4.4 For the entire rental period and the possession period, the Vehicle may NOT be used:
4.4.1 to propel and/or tow any other vehicle (including, but not limited to, any caravan and/or trailer, unless prior written authorisation is and/or has been provided, by Saayman); and/or
4.4.2 for the conveyance of passengers and/or goods, for payment in violation, of any law(s) and/or in any other illegal manner; and/or
4.4.3 in any legal and/or illegal street racing and/or motor sport and/or “dicing” and/or similar high-risk activity; and/or
4.4.4 beyond the borders of the country, in which the Vehicle is rented (being, the Republic of South Africa, unless prior written authorisation is and/or has been provided by Saayman); and/or
4.4.5 in any area where there is and/or may be a risk of and/or incidents of civil unrest and/or political disturbance and/or riot and/or any activity associated with any of these aforementioned things.
4.5 At any time during the rental period and the possession period, when the Vehicle is not in use (not being driven), the Client and/or the Driver and/or the Additional Driver, shall make adequate (depending on the circumstances) provision for the safety and security of the Vehicle, in that the Vehicle shall (amongst others, but
not limited to, the following) be kept properly locked and secured and immobilised and have the alarm (if any) activated.
4.6 The Client will make sure that the keys of the Vehicle are under his control, at all times.
4.7 Saayman will at all times remain the owner of the Vehicle.
4.8 From the date and time that the client takes delivery of the vehicle, until the end of the rental period or the possession period, which period ends later (last) in time, the Vehicle may not be used by anybody, in contravention of any applicable law(s) and/or ordinance(s) and/or traffic rule(s) and/or regulation(s). In the event that the Vehicle is, at any during the rental period and/or the possession period, used in contravention of any applicable law(s) and/or ordinance(s) and/or traffic rule(s) and/or regulation(s), any Waiver option that the Client may have taken out, shall be null and void.
4.9 The Client shall take all reasonable steps to ensure that the Vehicle remains in good and safe working order, including regularly checking the oil and/or water and/or tyre pressure and/or immediately ceasing use of the Vehicle (switching the engine of the vehicle off and causing the vehicle to become and remain stationary, or parked), in the event that the Vehicle is damaged and/or the electronic diagnostics of the vehicle indicate the presence of any fault and/or problem whatsoever and/or that any service is needed (required) in relation to the Vehicle.
4.10 The Client acknowledges that any failure to have the Vehicle serviced, by a duly trained and skilled person, at any required service interval(s) (if applicable) will definitely result in the cancellation of the Vehicle’s warranty (if same is still valid) and/or increased wear and tear on the vehicle and/or premature mechanical failure on and/or of the Vehicle. In instances where a Vehicle has not undergone (“skipped”) a service and, in the sole and unfettered and absolute discretion of Saayman, that the skipped service was due to the Client’s negligence, to have the Vehicle serviced, within any specified service interval(s), all and any Waiver option that might have applied, shall immediately be null and void in respect of the full rental period and the Client will be liable for all and any costs required to re-instate the warranty and for any subsequent mechanical damage, which is not covered under warranty.
5 RETURN OF THE VEHICLE / ADDITIONAL EQUIPMENT
5.1 The Client shall return the Vehicle and Additional Equipment (if applicable), at the Client’s expense, to an authorised representative of Saayman, on the agreed return date and time and at the Renting Location, as reflected on the Rental Agreement. In the event that the Vehicle is not returned as set out in this paragraph, all and any Waiver option that might have applied, shall become immediately null and void in respect of the entire Rental Period.
5.2 The Client acknowledges that, failure to return the Vehicle (for all and/or any and/or no reason whatsoever, even if it is completely beyond the control of the client), in terms of the agreement, shall constitute unlawful possession of the vehicle by the client, in which event Saayman may re-possess the Vehicle wherever it may be found and from whomsoever is in possession of the vehicle. Any costs incurred in so recovering the Vehicle (including, but not limited to, legal costs, on the scale as between attorney and own client), as well as the cost of any additional rental days, will be for the account of the Client.
5.3 Should the Vehicle not be returned as indicated in 5.1 above, the client hereby unconditionally and irrevocably consents to the Vehicle being reported by Saayman as stolen, with the relevant authorities and/or tracking company and/or social media and/or next of kin and/or colleagues of the client, without any prior and/or further notice whatsoever, to the client.
5.4 The Vehicle and Additional Equipment (if applicable) shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted.
5.5 When the Client returns the Vehicle to a Renting Location of Saayman, the Client shall:
5.5.1 Park the Vehicle in Saayman’s reserved parking or allocated parking area; and
5.5.2 Ensure that the Vehicle is properly locked and secured; and
5.5.3 Hand the keys of and to the vehicle, to only an authorised representative of Saayman, or, in the event that the offices of Saayman are not open for business, leave the keys in a drop safe, provided at the offices of Saayman; and
5.5.4 Additional Equipment must be handed in at the Saayman reception desk. Any Additional Equipment that is left in the Vehicle will be left there entirely at the Client’s risk.
5.6 The Vehicle and all and any risk whatsoever, relating to the Vehicle, will remain the responsibility of the Client, for the entire duration of the rental period and the possession period, until Saayman has recorded the return of the Vehicle.
5.7 Fuel for the Vehicle is not included in Saayman’s rates. Vehicles are delivered to the Client fully fueled and the Client is required to return the Vehicle fully fueled. Fuel consumption is gauged from Saayman depot to depot. In the event that the Client returns the Vehicle not fully fueled, Saayman will either refuel the vehicle on behalf of the Client and recover the Fuel Costs from the Client, or supply the fuel to the Client and charge the Client for the fuel.
6 TERMINATION / CANCELLATION / EXTENSION OF RENTAL AGREEMENT
6.1 Irrespective of anything to the contrary possibly stated in this Rental Agreement, should there be any breach of any of the terms and/or conditions in this rental agreement, then Saayman shall be entitled to end this agreement, without any explanation, at any time, by notice (verbally and/or in any other non-written manner and/or in writing, depending on the situation) to the Client, in which event the Client shall return the Vehicle to Saayman, immediately.
6.2 If the client fails to then return the Vehicle to Saayman, Saayman shall be entitled (and the client hereby unconditionally and irrevocably consent to Saayman), at any time, to retake possession of the Vehicle, wherever found and from whosoever has possession thereof and all and any Waiver option that might have applied, shall become immediately null and void, in respect of the entire Rental Period. The obligations of the Client and the rights of Saayman, in terms of this Rental Agreement, shall remain in force, until the Vehicle has been returned to Saayman, in terms of this Rental Agreement and the Client has complied with all his obligations. All and any costs incurred in recovering the Vehicle, will be for the account of the Client.
6.3 If the Client wishes to extend the Rental Period, beyond the return date reflected in the Rental Agreement, notice must be given (before the expiry of the Rental
period) to Saayman (via WhatsApp TEXT message and/or short message service (SMS) and/or e-mail from the client to Saayman) and authorisation must first be obtained from Saayman, in respect of the extension. Saayman reserves the right to have the Vehicle inspected, before authorising the extension of the Rental Period.
6.4 Should Saayman, in its sole and unfettered and absolute discretion, agree to extend the rental period, the client shall pay, in advance (via EFT and/or cash deposit into an ATM and/or credit card payment and/or in any other lawful method), before the expiry of the (initial) Rental period, the rental fee for the full extended (future) period.
6.5 The client hereby unconditionally and irrevocably consent and authorise Saayman and instruct Saayman to charge and/or deduct the fee for all and any additional days, that follow after the expiry of the initial Rental Period, directly from and/or to the Client’s bank account and/or debit card and/or credit card.
7 THE CLIENT / DRIVER / ADDITIONAL DRIVER
7.1 Irrespective of what might be stated elsewhere in this Rental Agreement, during the rental period and the possession period, the Vehicle may NOT be driven, by any person who has not been in possession of a valid and unendorsed driver’s (driving) licence (in respect of the specific vehicle and/or code of vehicle rented), for an uninterrupted period of at least three (3) calendar years.
7.2 The Client warrants that the Vehicle will never be driven by any person whomsoever, whose blood alcohol concentration (content) exceeds the limit permitted by any law and/or regulation and/or whilst such person is under the (even only temporary) influence of any intoxicating liquor and/or of any narcotic drug and/or any other similar natural and/or synthetic substance, that could possibly and/or does actually adversely alter (even only temporarily) the perception and/or cognitive abilities and/or propensities and/or reflexes and/or conduct and/or actions and/or judgment and/or reasoning and/or driving skills, of such person, even if such substance had been prescribed by a duly qualified and registered medical doctor. The Client further warrants that all and any driver of the vehicle, will have a valid and unendorsed driver’s (driving) licence, for an
uninterrupted period of at least three (3) calendar years, to drive the specific vehicle code and/or type of vehicle and all and any such driver will comply with all applicable laws and will comply with all of the provisions of this Rental Agreement.
7.2.1 If the Vehicle is driven by any person whomsoever, other than the Driver and/or the Additional Driver (irrespective of which other rights and/or other remedies Saayman may have), the Client shall remain liable for all of his obligations and/or liabilities, in terms of this Rental Agreement, as if the Client has been driving the Vehicle, at the relevant time. In the event that the Vehicle is driven, by any person whomsoever, other than the Driver and/or the Additional Driver, at any time during the Rental Period and/or the possession period, any Waiver option that the Client may have taken out, shall immediately and automatically become null and void, ab initio (with effect from the outset, or beginning, of the Rental Period).
7.3 The Client also warrants that he is entitled and authorised to enter into this
Rental Agreement and that all particulars give to Saayman and/or recorded on the Rental Agreement are true and correct.
8 RENTAL RATES AND CHARGES
8.1 The Client hereby agrees to pay Saayman the rental rates, plus all other charges and fees opted for and/or utilised by the Client, as set out in the Rental Agreement, for the entire Rental period and possession period, including but not limited to, miscellaneous charges and/or airport surcharges and/or tourism levy and/or Claims Administration Fee and/or Document Administration Fee and/or Traffic Fine Administration Fee and/or Rental Overdue Administration Fee and/or one way fee and/or over the border charges and/or delivery fee and/or delivery fuel charges and/or collection fee and/or Super and/or Standard Waiver option charges and/or Personal Accident Insurance (if applicable) and/or Windscreen and Tyre Waiver and/or Minor Damage Waiver and/or Excess Distance Charge and/or fuel fees and/or toll fees and/or Additional Driver(s) fee and/or all taxes due and/or payable on rental rates (which ever of these fees and/or costs may be applicable). A comprehensive schedule of Saayman’s rental rates and charges can be viewed on the Website of Saayman, at https://carhire.saaymanmotors.co.za/

8.2 In determining the charges, the distance traveled by the Vehicle (where required) shall be determined from the Vehicle’s odometer, or, if this is not possible, for all and any reason whatsoever (including, but not limited to, such odometer having been tampered with and/or altered, intentionally and/or unintentionally), by Saayman in its sole and unfettered and absolute discretion, on any other basis whatsoever, in which event the Client shall be obliged to provide all such information (including, but not limited to, the cellphone location data and information of the personal cellphone of the client and/or the driver and/or the additional driver) and assistance whatsoever, as Saayman may require, for that purpose. If the odometer of the vehicle has been tampered with and/or altered, intentionally and/or unintentionally, the kilometres traveled with and/or by the vehicle, will be deemed to be one thousand (1 000) kilometres, per day.
8.3 The Client shall be liable for all and any fines (excluding fines issued for expired vehicle annual licences) and/or penalties and/or similar expenses, including but not limited to, parking and/or traffic and/or other offences (whichever may be applicable), caused by and/or as a result of the use of the Vehicle, during the Rental Period and/or the possession period and the Client accordingly indemnifies Saayman, against all and any such liability. Saayman will re-direct (refer to the Client) all and any fines and/or penalties and/or similar charges, directly to the Client, for payment and, in cases where this is not possible, Saayman will add all and any fines and/or penalties and/or similar charges, that originated and/or accumulated on and/or in respect of the Vehicle, during the Rental Period and/or the possession period, onto the Client’s account, upon which the client will immediately and automatically become liable for same.
8.4 In the event that any Additional Equipment (if applicable) is or are lost and/or damaged, the Client will be liable for the replacement value thereof. The replacement value will be charged to the Client’s debit and/or credit card and/or the client’s account, upon which the client will immediately and automatically become liable for same.
8.5 The Client hereby unconditionally and irrevocably authorises Saayman, to act as the agent of the client, to insert into the Rental Agreement, the particulars of any Vehicle and/or Rental rate, that is and/or are not known by and/or are not
available to the parties, at the time of conclusion of the Rental Agreement, as soon as such Vehicle and/or rental rate particulars become known and/or available.
9 DEPOSIT(S)
9.1 A deposit, as required by Saayman and set out in the Rental Agreement (depending on the method of payment), is payable on conclusion of the Rental Agreement.
9.2 The Client hereby, unconditionally and irrevocably, authorise Saayman and agree that Saayman may charge (and/or debit and/or deduct from) the Client’s bank account (credit card and/or debit card) at any later time, should extra charges, which Saayman were not aware of, at the time of issuing of the invoice, become known to Saayman and/or if, at the initial debit of the Client’s bank account, there were insufficient funds in such bank account, to cover the full amount of the invoice. Any such amount may also be deducted from the deposit. The Client may not apply set-off (withhold payment of any amount whatsoever, that is outstanding and/or due and/or payable) and/or demand that any amount whatsoever, that the Client is and/or will become liable for, to Saayman, be deducted from the deposit that has been paid to Saayman.
9.3 The deposit, or the remaining balance thereof (after deducting all applicable charges from the deposit), will be refunded to the Client, as soon as possible, after the Client has complied with all of his obligations, in terms of the Rental Agreement, alternatively no later than twenty one (21) calendar days after return of the Vehicle, whichever period is the longer period.
10 RENTAL REQUIREMENTS AND PAYMENT
10.1 At the time of conclusion of the Rental Agreement, the following must be provided by the Client:
10.1.1 Saayman approved method of payment, or any South African and/or any international bank issued credit and/or debit card (however, it remains within Saayman’s sole and unfettered and absolute discretion, to accept and/or decline, all and/or any currency and/or method of payment whatsoever, at any time); and
10.1.2 Full names and surname and residential address and postal address and physical address and bank account details and telephone number and e-mail address, of the Client; and
10.1.3 A valid, original and unendorsed (not suspended and/or not cancelled, driving) driver’s licence (held by the client and/or the driver and/or the additional driver, for an uninterrupted period of at least three (3) calendar years) and an original identity document or an original passport, if not in possession of an identity document, relating to the country in which the Vehicle is rented.
10.2 All payment(s) that is and/or are and/or will become due and/or payable, is and are payable, immediately on demand, but at the very latest on expiry of the Rental Period (unless otherwise agreed in writing). All charges payable by the Client, shall be paid by credit and/or debit card, at the very latest on the termination of the Rental Period, unless Saayman requires all or any fees and/or charges to be pre-paid, in advance (which will be agreed upon, in the rental agreement, if applicable).
10.3 The Client is not allowed to deduct and/or withhold, for all and any reason whatsoever, payment of any amount(s) whatsoever, that is due and/or payable in terms of this agreement.
10.4 The Client remains liable for payment of all and any amounts that are due and/or payable, which are not paid and/or settled in full, by the issuer of any such card (the bank with whom the Client conducts a bank account).
10.5 If Saayman has agreed to accept payment of any amount, specified on the Rental Agreement, from the Client, by credit card and/or debit card, the Client’s signature on the Rental Agreement will constitute unconditional and irrevocable authority:
10.5.1 for Saayman to obtain authorisation and/or payment, of all and any amount that the client is liable for, towards Saayman; and
10.5.2 for the issuer of the card (the bank with whom the Client conducts a bank account), to debit the cardholder’s account, in favour of Saayman, with the total amount due and/or payable to Saayman (including, but not limited to, damages and/or loss(es) suffered by Saayman).
10.6 In the event that the Client and/or any other person returns the Vehicle to Saayman and/or Saayman obtains possession of the vehicle, in any other
manner, before the date due on the Rental Agreement, the Client shall pay either the usual rates and charges applicable to the period and/or kilometres actually used, or the rates and charges as if the full Rental Period and/or kilometres occurred, at the sole but reasonable discretion of Saayman.
10.7 In the event of an incident and/or accident and/or collision and/or if the Vehicle is stolen and/or robbed and/or lost, the amount of the damages shall be the total loss suffered by Saayman and/or the amount reflected on the Rental Agreement, whichever amount is the higher, which amount(s) will be payable by the Client to Saayman, immediately upon demand.
10.8 In the event of an incident and/or accident and/or collision and/or if the Vehicle is lost in any manner whatsoever and/or stolen and/or robbed, Saayman will be entitled to charge a Claims Administration Fee and assessor’s fee (if applicable) on the Client’s account and/or charge all and any amount of damages, to the Client’s debit and/or credit card.
10.9 Should the Client disobey any traffic regulation, which results in any fine, all and any such fine as well as any fine administration fee, will be charged to the Client’s account and/or debit card and/or credit card.
10.10 Daily rates are calculated strictly per Day, from time of delivery of the Vehicle to time of return of the Vehicle.
10.11 Should a Vehicle, in Saayman’s sole and absolute and unfettered discretion, require valet cleaning, when Saayman again obtains possession of the vehicle, after the rental period and/or the possession period, such valet charges will be billed directly to the Client’s account and/or credit card and/or debit card.
10.12 An additional fee will be charged for any Additional Driver.
10.13 If any amount is not paid on the date that it is due and/or payable, Saayman may, without prejudice whatsoever to all and any of the rights Saayman may have, charge mora (default) interest (interest due to the late payment) on the overdue amount, at the rate of twenty percent (20%) per annum, compounded monthly and capitalised monthly, in arrears, or the applicable prescribed legal rate, whichever amount and/or percentage is or are the higher of the two. The parties agree that this Rental Agreement does not constitute a credit agreement, as
defined in the National Credit Act 34 of 2005 (herein after referred to as the NCA) and, therefore, falls outside the ambit of the NCA.
10.14 A certificate by any member and/or Director and/or Manager and/or Accountant of Saayman, whose capacity need not be proved, as to any amount owed by the Client to Saayman, shall constitute prima facie proof of the amount due.
11 PROCEDURE IN THE EVENT OF AN INCIDENT (DAMAGE / THEFT / LOSS)
INVOLVING THE VEHICLE
11.1 If, at any time during the Rental period and/or the possession period, the Vehicle is damaged and/or stolen and/or robbed and/or lost, the Client and/or the Driver shall take every reasonable act and/or precaution, to safeguard the interest of Saayman including, but not limited to, the following (where appropriate):
11.1.1 In the event of theft and/or hijacking and/or in the case of a lost Vehicle, such incident needs to be reported, immediately, by the Client to Saayman and by the client to the nearest police station, within six (6) hours of such incident; and
11.1.2 In the event of any Damage whatsoever to the Vehicle, the Client shall notify Saayman immediately and report such incident to the nearest Police station, within twenty four (24) hours; and
11.1.3 the Client shall furnish Saayman with a detailed and complete Report of the relevant events. Saayman may require such report to be made in writing, on a form that Saayman may provide to the Client; and
11.1.4 the Client shall furnish Saayman with a Police accident case / reference number (usually a CAS number), within twenty four (24) hours of the incident, alternatively immediately upon receipt thereof, from the Police; and
11.1.5 the Client shall obtain the name(s) and addresses and contact details of everyone involved in the incident and the name(s) and addresses and contact details of possible witnesses and provide same to Saayman; and
11.1.6 the Client shall not admit any responsibility and/or liability whatsoever, nor release any party from any liability and/or potential liability whatsoever, nor settle any claim and/or potential claim, against and/or by any party, nor accept any disclaimer of liability; and
11.1.7 the Client shall make reasonable provision for the safety and security of the Vehicle and will not abandon the Vehicle, unless extraordinary circumstances warrant it; and
11.1.8 the Client shall co-operate with Saayman and its insurer (if applicable) in the investigation and/or the making and/or instituting of any claim and/or action (against the insurer of Saayman and/or any party whomsoever who was or were involved in such incident) and/or the defence of any criminal law prosecution and/or civil law claim and/or action, arising out of and/or relating to the incident (including, but not limited to, the making of an affidavit and to testify at any court proceeding(s), if he is requested to do so); and
11.1.9 in the event that the Client was not the driver of the vehicle, at the time of the occurrence of any incident whatsoever, then, without in any way reducing the Client’s obligation and/or Saayman’s rights in terms of this Rental Agreement, the Client shall ensure that the person who drove the Vehicle at the time of such incident complies with all the provisions of this Rental agreement; and
11.1.10 the Client shall (and shall also ensure, that the driver and/or the additional driver and/or the person who actually drove the vehicle, at the time of the relevant incident), furnish to Saayman, within twenty four (24) hours of receipt of any notice of claim and/or demand and/or summons and/or the like, which the Client and/or the Driver and/or Additional Driver and/or person who drove the Vehicle, at the time of the relevant incident, may receive in connection with the Vehicle and/or in which the vehicle was involved; and
11.1.11 the Client and/or the Driver and/or the Additional Driver warrant(s) that the information completed in Saayman’s Damage / Incident Report form, as referred to herein above, will be completed, true and correct, in every respect; and
11.1.12 Saayman, at its absolute and sole and unfettered discretion, reserves the right to provide a replacement Vehicle, in the event of any damage to and/or loss of the Vehicle. In the event of any accident damage to the Vehicle, the Client is liable to settle the applicable Limited Liability (if applicable), alternatively all other amounts due and/or payable to Saayman (damages and/or liability, et cetera), prior to an alternative Vehicle being provided; and
11.1.13 Saayman will not be responsible whatsoever, for any loss of and/or damage to any of the Client’s and/or driver’s and/or additional driver’s personal belongings; and
11.1.14 the Client may not affect any repairs whatsoever to the Vehicle; and
11.1.15 Where the Vehicle can not be driven (is not drivable), the Client must immediately contact Saayman, via WhatsApp, on 060 985 0263 and an authorised towing company will be appointed by Saayman, to collect the Vehicle. The Client hereby irrevocably and unconditionally indemnifies Saayman against any charges incurred, by all and any towing companies and authorities, that have and/or had not been authorised by Saayman. The Client will be liable, directly, towards the relevant towing company, for all and any charges, relating to and/or resulting from unauthorised towing of the Vehicle.
12 CLIENT’S RISKS AND LIABILITIES / WAIVERS
12.1 The Vehicle is rented by the Client, at his sole and absolute risk, from Delivery of the Vehicle until such time as Saayman has recorded the return of the Vehicle, in terms of clause 5 above.
12.2 The Client shall be liable for all Damages and/or total loss sustained to the Vehicle, irrespective of whether the damage(s) and/or loss(es) is or are caused by and/or attributable to his fault and/or negligence (including, but not limited to, hail damage and other acts of God and/or satan). Therefore, the client shall be liable to Saayman, for all and any damage, faultless and strictly, even if the client had done everything that is reasonable. The above liability may be reduced by the Client, by electing one or more of Saayman’s Waiver options.
12.3 The Waivers (standard waiver and super waiver) available to the Client, are set out in the Rental agreement and may be elected by the Client and will be explained to the client by Saayman, upon signature of the Rental Agreement.
12.4 The Client’s personal belongings in the Vehicle are not covered by any Waivers.
12.5 Should the Client decline any of Saayman’s Waivers and/or is in breach of the terms and/or conditions of this Rental Agreement and/or the terms and/or
conditions of the selected Waiver, the Client will be liable for the entire loss(es) and/or damage(s) suffered by Saayman, as well as all Third-Party Damages.
12.6 Saayman’s Waivers do not cover any damage to the Vehicle, in the event of:
12.6.1 Damage and/or total loss due to Client Driver negligence or deliberate actions; and/or
12.6.2 Damage and/or total loss sustained whilst the Client is in breach of any applicable law(s) and/or ordinance(s) and/or traffic rule(s) and/or regulation(s) (including speeding and/or driving whilst under the influence of intoxicating liquor and/or narcotic drugs and/or similar substances); and/or
12.6.3 Damage and/or total loss sustained, where incidents are not reported in accordance with the procedure specified in this Rental Agreement; and/or
12.6.4 Damage and/or total loss sustained, where the incident takes place outside the country in which the Vehicle was rented, unless prior written approval for the Vehicle to be taken outside the country has been obtained from Saayman; and/or
12.6.5 Damage and/or total loss sustained, if the Vehicle is driven, at any time, by an unauthorised driver (not the client and/or driver and/or additional driver); and/or
12.6.6 Damage and/or total loss sustained, where the Vehicle is driven whilst damaged and the Client should reasonably have been aware of the unsafe and/or damaged condition of the Vehicle and/or if the vehicle is used in a manner which prejudices Saayman’s interests and/or rights in the vehicle and/or as prohibited in clauses 4 to 4.10 above, in the sole and absolute and unfettered discretion of Saayman; and/or
12.6.7 Damage and/or total loss sustained, where the Client had not held a valid and unendorsed Driver’s (driving) licence (in respect of the Vehicle and/or class of Vehicle rented), for a period of at least three (3) uninterrupted calendar years, immediately before the time the damage and/or loss was sustained and/or occurred; and/or
12.6.8 Damage and/or loss sustained, where the Rental Period has expired and an extension of the Rental Agreement has not been authorised by Saayman, before the expiry of the Rental Period; and/or
12.6.9 Damage and/or total loss caused, as a result of the Vehicle having been driven on a road that was not suitable for that Vehicle, as determined in the sole but reasonable discretion of Saayman; and/or
12.6.10 Failure to produce the Vehicle’s keys, in the case of theft of the Vehicle, unless exceptional circumstances apply; and/or
12.6.11 Failure to report the last known location of the Vehicle, prior to any theft and/or robbery (hijacking); and/or
12.6.12 The Client breaching any term and/or condition set out in the Rental Agreement; and/or
12.6.13 The Client being untruthful in respect of any aspect, pertaining to the damage causing and/or loss causing incident; and/or
12.6.14 If the loss and/or damage has occurred, in a situation where no physical contact is made with another vehicle and/or animal and/or object and/or person (in and/or on the road surface used), unless extraordinary circumstances apply, which will be in the sole and absolute and unfettered discretion of Saayman, irrespective if Waivers were opted for.
12.7 The Client will be liable for double the Limited Liability amount applicable, in the following circumstances:
12.7.1 The damage to the Vehicle is uneconomical to repair; and/or
12.7.2 Where damage to a Vehicle occurs, under circumstances where no other Vehicle was involved; and/or
12.7.3 Stolen and/or hijacked Vehicles.
13 THIRD PARTY CLAIM
13.1 The damage suffered by any third party, will be paid by Saayman, but ONLY if the client selected the Super-Waiver and such payment will be limited to such third-party’s direct damage(s) and will exclude any consequential damages and/or losses and/or pure economic loss(es) and/or damage(s).
13.2 Notwithstanding anything in this Rental Agreement, Saayman shall not be obliged to make and/or institute and/or proceed with any claim whatsoever, which Saayman may otherwise have had against any third party, for the recovery of any
loss(es) and/or damage(s) to and/or in connection with the Vehicle and, accordingly, Saayman shall be entitled, in its sole and unfettered and absolute discretion, to abandon all and any such claim and/or to settle such claim, on any terms whatsoever.
14 CONSEQUENTIAL DAMAGES
14.1 Irrespective of whether the Client declines the Super Waiver and/or is in breach of the any of the terms and/or conditions whatsoever of the Rental Agreement and/or the terms and/or conditions of the selected Super-Waiver, the Client acknowledges and agrees that the Client may be held liable by Saayman, for Saayman’s consequential damages, suffered as a result of Saayman being unable to rent the Vehicle, due to Damage(s) caused to the vehicle and/or the robbery and/or theft and/or any other loss whatsoever of the vehicle, by the Client and/or any other person whomsoever, during the Rental period and/or the possession period. The loss(es) and/or damage(s), for which the Client will be liable, shall be calculated on the basis of the daily rental rates, in respect of the vehicle indicated in the Rental Agreement, for the period until vehicle is repaired and/or replaced by another similar vehicle, by Saayman (subject to a maximum of forty five (45) calendar days, which period is calculated from the date that Saayman becomes aware of the damage to and/or loss of the vehicle).
CROSS BORDER TRAVELLING
14.2 A letter of authorisation must be requested from Saayman, at the time of reservation (booking), for all cross-border travelling. The Client acknowledges that a cross-border charge will be levied , on all cross-border Rentals.
14.3 Saayman will not be held liable, if the Client and/or driver and/or additional driver is and/or are refused entry into another country, for all and any reason whatsoever.
14.4 All foreign registered Vehicles, will have to pay a cross border charge, at any Border. The Client is responsible for the payment of such Cross Border Charge and/or any other charge(s)s that may be applicable.
14.5 Vehicles are permitted, ONLY into Botswana and/or Lesotho and/or Swaziland and/or Namibia and/or Zimbabwe and/or Mozambique.
14.6 A one-way, cross border service charge, will be levied against the Client, for one-way Vehicle rentals. No one-way cross border service and/or roadside assistance and/or replacement Vehicles are available, for Zimbabwe and/or Mozambique.
14.7 An additional administration fee and/or full repatriation fee (whichever is applicable), will be levied against the Client, should any accident (collision) and/or theft occur, outside the borders of the country in which the Vehicle is rented.
15 INDEMNITY OF SAAYMAN BY CLIENT
15.1 Neither Saayman nor any of its members and/or shareholders and/or directors and/or officers and/or employees, shall be liable for any loss(es) and/or damage(s) whatsoever, whether direct and/or indirect, as a result of and/or otherwise arising from the renting of the Vehicle and/or the additional Equipment by the Client, provided (but ONLY if the CPA applies to this Rental agreement with this client) such loss(es) and/or damage(s) was and/or were not caused, as a result of the gross negligence of Saayman and/or its members and/or shareholders and/or directors and/or officers and/or employees. The loss(es) and/or damage(s) include(s), but are not limited to, any loss(es) and/or damage(s) to property left and/or transported in the Vehicle and/or any loss of life and/or bodily injury.
15.2 Saayman and its shareholders and members and directors and officers and employees, are accordingly indemnified by the Client and the Driver and the Additional Driver and/or the estate(s) of the driver and/or the client and/or the additional driver, against any claim(s) of any nature whatsoever and howsoever arising, for any damage(s) and/or loss(es), which might be instituted against Saayman, arising from and/or connected with and/or as a result of, the renting of the Vehicle and/or the Additional Equipment (if applicable), contemplated in these terms and conditions.
16 JOINT AND SEVERAL LIABILITY OF SIGNATORIES - CLIENT AND/OR DRIVER AND/OR ADDITIONAL DRIVER
16.1 The Client and every other person (for example, the Driver and/or Additional Driver) whose signature appears on the Rental Agreement, shall be liable to Saayman, jointly and severally, for payment of all amounts due and/or payable, to Saayman, in terms of and/or pursuant to the Rental Agreement. Therefore, the client and the driver and the additional driver and any other person who signs the Rental Agreement, are sureties (in favour of Saayman, who is the principal debtor), for each and every such other person, for the due fulfilment of all and any liability of all such person, towards Saayman.
17 GENERAL
ENTIRE AGREEMENT BETWEEN THE PARTIES
17.1A The standard terms and conditions of rental contained in this document AND the Rental Agreement AND all and any signs that are erected and/or displayed at the business premises of Saayman AND all the standard terms contained in and/or displayed on any of the e-mails of Saayman, all collectively contain and constitute the entire agreement between Saayman and the Client, regarding the rental of the vehicle.
CONTRADICTION IN TERMS TO BE INTERPRETED TO BENEFIT SAAYMAN
17.1B Should any term and/or portion whatsoever, of the standard terms and conditions of rental and/or the Rental Agreement and/or all and any signs that are erected and/or displayed at the business premises of Saayman and/or all and any of the standard terms contained in and/or displayed on any of the e-mails of Saayman, possibly contradict and/or be at odds with all and/or any part and/or portion of and/or term contained in any other part of the entire agreement between the parties (as defined and set out in clause 17.1A above), the term and/or provision and/or portion of the contract, that will benefit Saayman more and/or the most, will prevail and will be applied and be enforced. Neither party shall be bound by any undertakings and/or representations and/or warranties and/or promises and/or terms and/or any other thing whatsoever, that is not contained in the standard terms and conditions of rental contained in this document and/or the
Rental Agreement and/or all and any signs that are erected and/or displayed at the business premises of Saayman and/or the standard terms contained in and/or displayed on all of the e-mails of Saayman. In addition, any part and/or portion of the entire agreement between the parties (as defined and set out in clause 17.1A above), might possibly not deal with any issue in sufficient detail and/or not exhaustively enough, but any other part and/or portion of the entire agreement between the parties (as defined and set out in clause 17.1A above) might deal with such issue, in more detail.
17.2 In the event that the Rental Agreement is produced in more than one language, the English version will prevail, in the event of an interpretational dispute.
17.3 Any provision of this Agreement which might allegedly not have been accepted by the Client and/or the driver and/or the additional driver and/or is invalid and/or unenforceable, for all and any reason whatsoever, shall be severable from the rest of this Agreement and shall not affect the validity of any other portion of the contract between the parties. If any part and/or portion of this Rental Agreement is found by any competent court to be unenforceable, in terms of the Competition Act and/or the CPA and/or the NCA and/or any other applicable legislation, the effect of which is to adversely affect the rights of Saayman to demand and/or enforce payment of any nature and/or enforce any of Saayman’s other rights, the parties will favour an interpretation placing them substantially in the same position, as they were before and/or as similar to that as possible.
NO EXTENSION AND/OR LATTITUDE AND/OR INDULGENCE
17.4 No extension and/or latitude and/or any other indulgence will, under any circumstance, be interpreted as implied consent and/or an election by the party who grants such extension and/or latitude and/or will not operate as a relinquishment and/or otherwise affect any party’s rights, in terms of this Rental Agreement. It shall further not prohibit and/or prevent any party from enforcing, strict and punctual compliance with each and every provision and/or term hereof, at any time and without notice.
17.5 This Rental Agreement and all matters and/or disputes arising therefrom and/or incidental thereto, shall be governed and construed in accordance with the laws of the Republic of South Africa.
CONSENT TO JURISDICTION OF MAGISTRATE’S COURT
17.6 The parties consent to the jurisdiction of the Magistrates Court, should Saayman, at its election, bring legal proceedings in the Magistrate Court, irrespective of whether the amount involved exceeds the pecuniary jurisdiction of the Magistrates Court. The parties further agree that Saayman may, in its sole and unfettered and absolute discretion, institute any such action and/or proceedings in any division of the High Court that may have jurisdiction.
DRIVER MAY NOT PART WITH POSSESSION OF THE VEHICLE
17.7 The Client shall not be entitled to cede any of his rights and/or assign any of his obligations under this Rental Agreement and/or to rent out and/or give up possession of the Vehicle and/or its tools and/ or Additional Equipment and/or any part of it.
CONSENT BY CLIENT AND DRIVER AND ADDITIONAL DRIVER TO ATTORNEY AND
OWN CLIENT LEGAL COSTS
17.8.Should:
17.8.1 any dispute whatsoever arise, between the parties to this agreement and/or between one or some parties to this agreement and any person who is not a party to this agreement (and Saayman is involved in such dispute in any manner whatsoever), relating to the conclusion and/or interpretation and/or validity and/or application and/or implementation and/or termination of this agreement and/or any other aspect and/or matter, of any nature and/or cause whatsoever; and/or
17.8.2 any aspect and/or matter be referred for taxation to a taxing master and/or for determination to a fee assessment board of any law society and/or to a debt councillor in terms of the NCA and/or any other tribunal and/or council, whether administrative and/or judicial in nature, and regardless of whether the matter is referred by the Client and/or the Driver and/or the additional driver and/or any other person; and/or
17.8.3 Saayman decide, in its sole and absolute and unfettered discretion, to institute any legal proceedings (application(s) and/or summons) whatsoever, against the Client and/or the driver and/or the additional driver and/or , for recovery and/or return of the vehicle and/or recovery and/or payment of any liability and/or rental fee and/or damages whatsoever; and
17.8A) Saayman be substantially successful in any such proceeding(s), then Saayman shall be entitled to recover, from all other persons involved in such dispute(s), jointly and severally, all and any legal costs (attorneys fees and/or advocates fees and/or sheriff’s fees and/or all and any other legal charge and/or fee and/or cost whatsoever) that Saayman incurred relating to such proceedings, with and towards Saayman’s own attorneys, in accordance with such attorneys’ then usual charges actually charged to Saayman, including but not limited to collection commission and/or tracing agent fees and/or correspondent fees and/or counsel fees, which fees and/or costs and/or expenses will include, but not be limited to, Value Added Tax and/or any similar taxation; and
17.8B) Saayman shall be entitled to recover such fees and/or costs and/or expenses
relating to such proceedings, even if the relevant court and/or councillor and/or forum
and/or council or tribunal makes no order relating to costs and/or even if the order is made
on a lower tariff and/or scale, than the attorney and own client scale and/or tariff; and
17.8C)The parties confirm that it is the intention of the parties that Saayman should be
completely compensated and re-imbursed for any fees and/or costs and/or expenses and
placed in the position he would have been in, if such proceedings had never been instituted, and that Saayman shall therefore not be out of pocket at all relating to all and any such proceedings.
SERVICE ADDRESSES FOR SERVICE OF LEGAL PROCESS (DOMICILIUM CITANDI
ET EXECUTANDI)
17.9 The Client chooses the address (including postal address and e-mail address and cellphone number) specified in the Rental Agreement, all as his valid alternative domicillium citandi et executandi addresses (therefore, address for service of all legal processes and notices). All notices and legal processes in terms hereof, shall be deemed to be received seven (7) calendar days after posting, and on the same day, if delivered by hand or dispatched by e-mail.
17.10 Saayman chooses as its domicillium citandi et executandi address as 178 Main Road, Strand, South Africa.
CONSENT TO CREDIT CHECKS (ITC SEARCH)
17.11 Saayman shall be entitled to carry out a credit check (“ITC search”), on the Client and/or the driver and/or the additional driver, with any number of credit agencies, who may retain a record thereof. In addition, Saayman shall be entitled to record any default by the Client and/or the driver and/or the additional driver, with all and any credit agency. Such records may be made available by the credit agency to third parties, in which case Saayman shall not be held liable and/or responsible for any repercussions that such disclosure may have on the Client and/or the driver and/or the additional driver. The Client and the driver and the additional driver hereby agrees, unconditionally and irrevocable, that Saayman may disclose any information obtained by Saayman, as a result of the conclusion and/or breach of the Rental Agreement, including but not limited to, personal and additional information, to any person, including any credit bureau(x).
TRACKER / TRACKING DEVICE IS FITTED TO VEHICLE AND ACTIVE
17.12 The Client acknowledges that the Vehicle has been fitted with a vehicle management system (tracking device), which is used, amongst others, to record the speed travelled at and the location of the vehicle and other information, relating to the Vehicle rented. The Client and the driver and the additional driver hereby, unconditionally and irrevocably, consent to Saayman being entitled to use such information (including in court proceedings) as Saayman deems fit.
CONSENT IN TERMS OF POPI AND RICA
17.13 Notwithstanding anything to the contrary possibly contained in the rental agreement, the Client and the driver and the additional driver, hereby, in terms of the Protection of Personal Information Act 4 of 2013 (hereinafter referred to as POPI), expressly and unconditionally and irrevocably authorise(s) Saayman to make use of any and all personal information, of the client and/or the driver and/or the additional driver and/or any other person whomsoever, provided to Saayman, for all and any purposes whatsoever and/or for the purposes of tracing and/or recovering (which includes triangulation of cellular phones, in accordance with the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002, also commonly known and referred to as RICA) any Vehicle, that is not returned to Saayman at the agreed
time and date, reflected on the Rental Agreement and/or during any legal proceeding instituted against the Client.
17.14 By the Client’s signature hereto, the Client accepts all the charges charged by Saayman, in terms of this Agreement, including any charges relating to loss and damage to the Vehicle.
17.15 Saayman reserves the right, at its sole and absolute and unfettered discretion and without obligation to provide reasons, to reject any Client’s application to rent any Vehicle and/or to accept any method of payment and the Client shall have no recourse against Saayman, as a result thereof.
17.16 Saayman confirms that it is compliant with all the provisions of the NCA and the CPA and the Financial Intelligence Centre Act and the Financial Advisory and Intermediary Services Act and will report all incidents required by these Acts, when applicable, to the relevant authorities.
18. By signing the Rental Agreement, the Client acknowledges that:
18.1 he has read the terms and conditions set out herein; and
18.2 he understands the legal implications hereof and considers himself legally bound hereto.
19. In the event that the Client does not understand any term(s) and/or condition(s) set out herein, he is requested to ask for an explanation thereof from a Saayman authorised representative, before signing the Rental Agreement.
SAAYMAN HAS NO DUTY TO CLAIM FROM ITS INSURER
20. Despite anything to contrary possibly being contained anywhere in the Rental agreement, there is no legal duty whatsoever on Saayman, to claim from Saayman’s insurer (insurance company). Therefore, Saayman may, in its sole and unfettered and absolute discretion, evaluate each and every incident, to decide whether it would be beneficial to Saayman, to claim from Saayman’s insurer.
SAAYMAN MAY PAY FINES ON BEHALF OF THE CLIENT
21. Should the relevant Municipality and/or any other relevant authority, legally and/or
illegally and/or unlawfully, impose any fine and/or charge whatsoever and/or any sanction whatsoever, as a result of all and/or any conduct whatsoever and/or state of affairs whatsoever that occurs and/or occurred and/or remains and/or endures and/or remained and/or endured, in respect of and/or in relation to and/or in connection with the vehicle and/or the rental period and/or the possession period, then Saayman shall be entitled, in its sole and unfettered discretion, voluntarily and/or under duress and/or by force and/or due to a Court order, to pay all and/or any such fine and/or charge and/or adhere to and/or comply with all and/or any such sanction, whereafter Saayman shall be entitled to, immediately, demand and/or recover from the Client, all and/or any such amount paid and the terms and conditions of the Rental Agreement will mutatis mutandis (with the relevant and necessary changes) apply to such indebtedness.
22. Purely as examples and without limiting any of the terms and/or the content of clause 21 above, such clause shall apply and/or relate to the Client and/or the driver and/or the additional driver, relating to:
22.1 exceeding the speed limit, anywhere; and/or
22.2 littering anywhere; and/or
22.3 causing excessive noise anywhere; and/or
22.4 causing any damage whatsoever and in any manner whatsoever, to anything; and/or
22.5 contravening all and/or any provision of the National Road Traffic Act 93 of 1996 and/or all and/or any of the regulations promulgated in terms of such National Road Traffic Act.
DAMAGES THE CLIENT ARE LIABLE FOR
23.In the event of the vehicle being robbed and/or stolen and/or damaged and/or destroyed, for all and any and no reason whatsoever and by whomsoever and/or form any cause and/or incident whatsoever, during the Rental period and/or the possession period, which event(s) cause(s) Saayman to be unable to use the vehicle, to rent it out, the client shall be liable for the daily rental fee of the vehicle (in addition to all and any of the other damages, provided for, in these terms and conditions and/or the rental agreement), until Saayman has replaced the vehicle, by buying another similar vehicle which has been prepared for rental, or until the vehicle has been repaired, whichever time period is the longer time period (subject to a maximum of forty five (45) calendar days, which period is calculated from the date that Saayman becomes aware of the damage to and/or loss of the vehicle).
CLIENT LIABLE FOR DAMAGES, EVEN IF CLIENT DID NOT CAUSE DAMAGES
24.The client shall be liable towards Saayman, for all and any damages provided for in
the rental agreement, relating to all and any event and/or occurrence whatsoever, that
takes places during the rental period and/or the possession period, even if:
24.1 the client did not cause such damage(s) and/or the client is not negligent at all. Therefore, the Client shall have strict (faultless, skuldlose) liability, for all and any such damage(s); and/or
24.2 the client was not present during the event and/or occurrence, that caused such damage(s); and/or
24.3 the client had legally and/or illegally parted with possession of the vehicle; and/or
24.4 the client had (temporarily and/or permanently) abandoned the vehicle anywhere and the relevant event occurred, where a person and/or people who was and/or is and/or were and/or are not known to the client, at all, was and/or were involved with the relevant event; and/or
24.5 the client was robbed and/or overwhelmed and/or excessive legal and/or illegal force and/or violence was used, relating to the client and/or in any manner whatsoever; and/or
24.6 the vehicle is involved in a chain-collision (crash or accident), which is caused by a person who drives another vehicle and/or the client and/or the driver and/or the additional driver is not negligent at all and/or even if the vehicle is stationary and/or parked, at the time of such collision; and/or
24.7 the vehicle is parked in the back yard of the client and/or the driver and/or the additional driver and/or the vehicle is being driven and/or parked and/or stationary any other place whatsoever, where and when a meteorite strikes the vehicle and/or the vehicle disappears into a sink hole and/or a lightning bolt strikes the vehicle and/or the vehicle is damaged by hail and/or fire and/or wind and/or a sandstorm and/or snowstorm.
CANCELLATION OF RESERVATION (BOOKING)
25. Should the client wish to cancel the reservation (booking) of the vehicle, the following provisions will apply:
25.1 cancellation twenty (20) days or more, before delivery/collection of the vehicle: NO CHARGE OR DEDUCTION; and
25.2 cancellation seven (7) to nineteen (19) days, before delivery/collection of the vehicle: sixty percent (60%) DEDUCTION FROM THE ENTIRE RENTAL AMOUNT PAID; and
25.3 cancellation zero (0) to six (6) days, before delivery/collection of the vehicle: ninety five percent (95%) DEDUCTION FROM THE ENTIRE RENTAL AMOUNT PAID; and
25.4 THERE WILL BE NO REFUND(S) AND/OR CREDIT, IF THE VEHICLE IS POSSIBLY RETURNED TO SAAYMAN, EARLY (BEFORE THE EXPIRY OF THE RENTAL PERIOD)
CERTIFICATE OF BALANCE
26. A certificate signed and/or purporting to have been signed by Saayman, certifying the amount owing to it at any time, in terms hereof and/or from any other cause whatsoever, shall be a liquid document and prima facie and sufficient proof of the amount owing to it by the client and/or driver and/or additional driver, and shall be sufficient proof for the purpose of obtaining provisional sentence, and/or default and/or summary judgment against the client and/or the driver and/or the additional driver and/or to use such certificate against such person during trial in any action and/or in any application and/or to obtain payment in terms of this contract and/or in terms of any other manner.
27. Should any person whomsoever dispute any aspect of such certificate, the onus to prove that that aspect of the certificate is invalid and/or defective and/or not applicable, shall be on the person disputing such aspect.