[PDF] BD CLASSIC CAR HIRE (PTY) LTD – TRADING AS “BD CAR

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BD CLASSIC CAR HIRE (PTY) LTD AR RENTAL

REG. NO.2018/565626/07

TERMS AND CONDITIONS OF VEHICLE RENTAL AGREEMENT

1. BOOKING A VEHICLE

In order to book a vehicle you need to ensure that you have read the contents of this agreement and agree to the terms

and conditions set out hereunder. By making a booking and signing this agreement you agree to the terms and conditions as stated.

2. RENTAL AND DEPOSIT

2.1. Place of business: Annexure A1 refers to the premises from where BD Classic Car Hire operates.

2.2. The Lessee hires the vehicle from BD Classic Car Hire, subject to the terms and conditions set out hereunder.

2.3. The rental and deposit payable by the Lessee for the duration of the rental period shall be calculated for the whole

3. USE OF THE VEHICLE

3.1. The Lessee shall not exceed the radius of 120km from the renting location of BD Classic Car Hire without receiving

consent in writing from the B D Classic Car Hire. Max. daily use ʹ 130km ʹ maximum monthly 3900km.

3.2. The Lessee shall not make use of the vehicle for conveying people or goods, to tow any other vehicle or trailer or

any other high-risk activity including motor sports.

checking the water and oil, tyre pressure and brake/clutch fluid daily and shall immediately report concerns or

any damage detected to B D Classic Car Hire.

3.4. The Lessee shall be liable for the safety and security of the vehicle which shall include but not be limited to keeping

the vehicle in a secure area and locked at all times.

3.6. The Lessee shall return the vehicle in the same clean state as received. Dusty or light dirt will be accepted, however

should excess dirt, odours or stains need to be removed, a valet cost of R300 internal, and R250 external, will be

charged.

3.7. The vehicle may not be driven on un-tarred roads.

3.8. The vehicle may not leave the Republic of South Africa or cross over any borders to neighbouring countries.

3.9. No smoking is permitted in the vehicle.

4. ROADWORTHINESS OF VEHICLE

4.1. The Lessee shall maintain, and is responsible for the on-going roadworthiness of the vehicle throughout the rental

period. The Lessee needs to notify BD Classic Car Hire within 12 hours if they are concerned in any way with the

roadworthiness or functioning of the said vehicle.

4.2. Should there be any defects or malfunctions from an accident or wear and tear or any other malfunctions or

happenings which render the vehicle un-roadworthy for any reason whatsoever, specifically but not limited to the

from driving the vehicle.

4.3. The Lessee must contact Roadside Assistance Helpline ʹ 0860 199 191 immediately to remedy this and BD Classic

Car Hire will not be held responsible for any accidents/injuries that results from driving an un-roadworthy vehicle.

4.4. BD Classic Car Hire will be responsible to repair/replace any malfunctioning part(s) and restore the vehicle to

client of any of the terms of this rental agreement.

5. THE LESSEE/DRIVER'S

5.1. During the rental period the vehicle may only be driven by the Lessee or any extra drivers as indicated on Annexure

5.3. The Lessee warrants he/she as well as any additional driver approved shall not drive the vehicle while they are

under the influence of alcohol or other intoxicating substances.

5.4. If the vehicle is driven by anyone other than so provided then the Lessee shall remain liable for all his/her

obligations in terms of this agreement and he/she shall be liable to BD Classic Car Hire as though they were the

driver.

5.5. The Lessee must immediately notify B D Classic Car Hire should any loss of the car keys occur. The replacement

of/duplicate car keys and all damages relating thereto shall be for the account of the Lessee. Admin costs R250.

5.6. The Lessee is responsible for observing the on-going roadworthiness of the vehicle throughout the rental period.

Should there be any defects/malfunctions from an accident or wear and tear or any other malfunctions or

happenings which render the vehicle un-roadworthy for any reason whatsoever, specifically but not limited to the

vehicles tyres, brakes, lights, including oil and water levels, the client must immediately refrain from driving the

vehicle and contact Roadside Assistance/Helpline ʹ 0860 199 191 - to remedy this. BD Classic Car Hire will not be

held responsible for any accidents/injuries that result from the client driving a vehicle that is not roadworthy. This

6. TERMINATION

6.1. BD Classic Car Hire may, in its sole discretion, terminate this agreement at any time, in writing or verbally to the

Lessee. Non-payment of any invoice will also result in this Agreement being terminated.

6.2. Notwithstanding anything to the contrary in this agreement, the Lessee shall then be obliged to immediately

return the vehicle to B D Classic Car Hire.

6.3. The Lessee shall continue to be liable for the vehicle until the vehicle has been returned to B D Classic Car Hire

and the Lessee has complied with all the obligations imposed on him/her.

7. DELIVERY AND RETURN

7.2. The vehicle shall be regarded to have been delivered and handed over to the Lessee in good working order without

The Lessee shall be held fully responsible for the total repair costs for what is deemed damaged.

The cost to fill the tank, which excludes a R50 admin cost will be charged to the Lessee should the vehicle not be

filled on return.

7.4. The vehicle shall be returned to BD Classic Car Hire in the same condition as it was received, fair wear and tear

7.5. Any costs incurred by B D Classic Car Hire for the retrieval of the vehicle after the expiration of this agreement

shall be for the account of the Lessee.

7.6. All late returns will be charged at a rate of R30/hour of no more than 24 hours.

2% interest per month will be charged in addition to the outstanding rental charges and any other damages

7.8. The Lessee acknowledges that failure to return the vehicle on the agreed due date of return or make due

payments in terms of the agreement shall constitute unlawful possession by the Lessee and, without prejudice to

any other rights in law that BD Classic Car Hire may have. The vehicle will therefore be declared stolen.

7.9. BD Classic Car Hire may repossess the vehicle wherever it may be found and from whomever is in possession

thereof. Any costs incurred in recovering the vehicle as well as the cost of any additional rental delays will be for

the account of the Lessee. All Admin costs are immediately payable when invoiced.

7.10. It is explicitly noted that there will be no refunds on early returns. Cancellations subject to 50% of deposit paid.

7.11. All vehicles collected or delivered not within the business hours as stated are subject to a R250 admin fee.

8. LIABILITY FOR DAMAGE AND THEFT

8.1. The vehicle shall be at the sole risk of the Lessee for the entire duration of the rental period.

8.2. The Lessee shall be liable for any loss or damage to the vehicle and any expenses incurred in recovering the vehicle

during the rental period whether or not the damage or loss is due to fault or negligence on the part of the Lessee.

8.3. Should the vehicle be stolen and the Lessee cannot produce and return the keys to BD Classic Car Hire, the Lessee

is then totally responsible for the full replacement value of the vehicle.

8.4. If the vehicle is stolen or damaged beyond economical repair, the Lessee shall pay the fair market value of the

vehicle to B D Classic Car Hire. This includes the costs of an expert to assess the damages or total loss.

8.5. Notwithstanding anything in this agreement, B D Classic Car Hire shall not be obliged to make any claim which B

D Classic Car Hire otherwise may have against a third party for the recovery of any loss or damage to or in

connection with the vehicle.

8.6. The Lessee will be responsible for any loss or damage, but no limited to the windows, tyres, rims, hub-caps, radio

and upholstery. This is not covered by insurance. Damage costs are immediately payable when invoiced.

8.7. The Lessee shall be liable for all fines and toll fees (subject to a R150.00 admin fee) incurred during the rental

period and BD Classic Car Hire hereby reserves the right to claim payment in this regard and are hereby authorised

must be completed and signed by the Lessee before taking possession of the vehicle.

8.8. B D Classic Car Hire gives no warranty or undertaking that any form of insurance or similar indemnity risk cover

assumed risk for the vehicle. The vehicle shall at all times remain under the risk and full responsibility of the Lessee

who hereby indemnifies B D Classic Car Hire against all claims, loss or damages (inclusive of interest and attorney

and own client legal costs) which may arise out of or appertain to the use or retention of the vehicle by the Lessee

during the existence of the agreement.

8.9. BD Classic Car Hire shall not be responsible or liable for any loss of personal effects of the Lessee or any other

person using the vehicle. BD Classic Car Hire will not be responsible for any injury sustained during the rental

period and the Lessee must ensure that he/she and all occupants using the vehicle have personal insurance cover

relating to injuries of whatever nature.

9. BREACH OF AGREEMENT BY THE LESSEE

9.1. Breach of the agreement occurs but is not limited to the following if;

9.1.1. The vehicle is not returned to B D Classic Car Hire as specified in clause 7 and Appendix A Clause 3.

9.1.2. The vehicle is driven by a person not listed as per clause 5.

9.1.4. The Lessee breaches any other material term of this agreement.

9.1.5. The vehicle is driven beyond the said radius limit

10. CREDIT CARD AUTHORISATION

10.1. Prior to the release of the vehicle to the Lessee, an authorisation must be signed by the Lessee giving BD Classic

Car Hire permission to debit any amount in terms of this agreement, including, but not limited to amounts to

cover the damages to the vehicle, fines, petrol charges, breach of contract and/or other payments that are

10.2. The deposit paid by the Lessee will be retained by BD Classic Car Hire for a period of no less than 30 days

10.3. I hereby give BD Classic Car Hire permission to manually debit my credit card or any amounts due in terms of this

agreement at any given time

11. RESPONSIBILITY AFTER LOSS OR DAMAGE TO THE VEHICLE

11.1. If during the rental period should any part of the vehicle be damaged or any part thereof be stolen, the Lessee shall

take precaution to safeguard the interest of BD Classic Car Hire and do the following where appropriate;

11.2. He/she shall notify BD Classic Car Hire within 3 hours of the incident.

11.3. He/she shall obtain the names, telephone numbers and addresses of everyone involved and if possible witnesses

including photos of the accident (mandatory).

11.4. He/she shall not admit any responsibility or liability nor release any party from any liability nor settle any claim

against or by any third party and not accept any disclaimer of any liability.

11.5. He/she shall notify the police and other relevant authorities within 12 hours of the occurrence in question and

obtain the relevant case number.

11.6. He/she shall make adequate provision for the continued safety and security of the vehicle.

11.7. He/she shall cooperate fully with BD Classic Car Hire and its insurers in all ways relating to the occurrence.

11.8. If the Lessee is not the driver, the Lessee shall procure that the driver complies with the provisions of clause 11.1.

11.9. The Lessee shall within 24 hours of receipt thereof furnish BD Classic Car Hire with any notice, letter of demand or

summons which the Lessee or driver may receive in connection with the vehicle.

11.10. It is mandatory for the Lessee to obtain a Motor Insurance Accident Form and complete within 24 hours, which

will be available from BD Classic Car Hire. The Lessee is responsible for the excess whether they are at fault or not.

11.11. Should the vehicle need to be recovered, this may only be carried out by a towing Company approved by BD Classic

Car Hire. Refer Clause 5.6. The Lessee shall be liable for these costs. No repairs may be carried out by the Lessee

or any other person without the written consent of BD Classic Car Hire.

12. NON-LIABILITY

12.1. Neither BD Classic Car Hire nor any of its members, employees or agents shall be liable for any loss or damage,

whether direct or indirect, consequential or otherwise arising from the rental by the Lessee of the vehicle,

including and without limitation to any defect or mechanical failure of the vehicle or the failure of BD Classic

Car Hire to detect defects or mechanical problems with the vehicle and whether such loss or damage results

from breach of contract which may be suffered by the Lessee or any of his passengers or otherwise.

12.2. BD Classic Car Hire, its members, employees or agents are accordingly indemnified by the Lessee or their Estate

against any claims of any nature whatsoever and howsoever arising from any damages or loss which might be

instituted against it, arising from the leasing of the vehicle contemplated in these terms and conditions.

12.3. Should a replacement vehicle be required, or repairs to the rented vehicle, BD Classic Car Hire will make all

efforts in doing so, but cannot be held liable in any form for delays.

13. GENERAL

13.1. This document contains the entire agreement between the parties regarding the matters contained herein and

neither party shall be bound by any undertaking, promises or the like not recorded herein and signed by or on

behalf of the Lessee and BD Classic Car Hire.

13.2. This agreement and all matters and disputes arising from it shall be governed in accordance with the laws of

The Republic of South Africa.

13.3. The Lessee is not entitled to cede any of the rights under this agreement or to sub-let or part with possession

of the vehicle, its tools or equipment or any part thereof.

13.4. If BD Classic Car Hire institutes Debt Collecting or legal proceedings against the Lessee to enforce any of its

rights under this agreement, it shall be entitled to recover from the Lessee all the costs incurred.

13.5. If the Lessee enters this agreement on behalf of any Principal, disclosed and/or undisclosed, he shall be

personally liable, jointly and severely with the Principal, and renouncing the benefits of excussion and division,

the Lessee hereby interposes and binds himself/herself personally as surety and co-principal debtor with the

Lessee, to and in favour of BD Classic Car Hire, for the fulfilment of all obligations of the Lessee to BD Classic

Car Hire.

13.6. Changes to this Agreement may be made by BDCCH without prior notification.

13.7. DEPOSIT ACCESS IS NOT PERMITTED IN LIEU OF ANY OUTSTANDING INVOICES.

I the Lessee and undersigned have read and understood the terms and conditions and the annexures to this agreement.

_____________________________ _______________________ _______________________ BD Classic Car Hire (Pty) Ltd Rep. The Lessee The Parentquotesdbs_dbs28.pdfusesText_34

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