Rental Contract

Land Rover Defender 4x4 Adventure Africa

Rental Contract – 4×4 Adventures Africa

Below is our rental contract for your perusal. Please feel free to download, print and complete. Should you be unclear about anything in the contract, please feel free to contact me directly for clarity:

info@4x4rentalsafrica.com

CLICK HERE  to view or download the rental contract.

At 4×4 Rentals Africa we keep our rental conditions plain and simple. Written in plain English in order for all to understand. Should you need clarification on any point please contact us at : info@4x4rentalsafrica.com.

The Client hereby agrees to the following terms and Conditions

Drivers :

  • All drivers to have a valid driver’s license from their country of origin.
  • We do recommend an International Driver License for rentals outside South African borders.
  • The minimum age of drivers are 25. Any age below is subject to written approval.
  • Drivers that are under 25 years of age and who have received written permission to rent will be subject to a R 45000.00 (FOURTY FIVE THOUSAND RAND) additional excess, per incident, in the case of an insurance claim regardless of insurance option taken with rental.
  • Clients are allowed to drive vehicles on game parks roads, jeep tracks, public bitumen / tar roads or public recognised tracks, in Southern Africa. The Client is allowed to go into any area unless it is specifically indicated to the Client not to enter a specific area/(s).
  • Only the The Client and drivers mentioned in the agreement are authorised to drive the vehicle. The client is to represent the actions of the respective driver/s as their own. For an additional driver :
  • (a) inform 4x4RA of the name of any further drivers at/before handover of the vehicle to The Client.
  • (b) be sure that they are at least 25 years old and have been in possession of a valid driver’s licence.
  • (c) inform the additional driver of the contract conditions before handing over the vehicle and that they are obliged to adhere to these regulations.
  • The client/driver is prohibited from driving or using the rental vehicle:
  • (a) for people under the age of 25;
  • (b) for people that are not mentioned as driver or client on the contract agreement;
  • (c) outside the undersigned driving area or cross border trips mentioned on the Client Info;
  • (e) for people which are under the influence of narcotics, alcohol or drugs;
  • (f) for illegal events, vehicle races, driving or vehicle tests, as well as off-road dune rides (unaccompanied by a guide); water drives, night driving outside towns (such as cross-border drives, excludes when you are driving in a town and doing your activities / going to dinner for the evening);
  • (g) for any other uses that are not indicated in the contract, especially careless and reckless behaviour or deliberately causing damage;
  • (h) for disregarding the safety regulations: Leaving the vehicle unlocked or losing the keys.

Your 4×4 Rental and Vehicle handing over:

  • Rental fee is calculated on a daily calendar rate. In in South Africa Rand / Namibian Dollars and includes VAT.
  • Minimum rental period is ten ( 10 ) days.
  • When making your reservation a 25% non-refundable deposit is required to confirm your rental.
  • All currency transfers ( EFT ) and refunds are subject to the daily spot rate as published by any of the four large commercial banks in South Africa. 4x4RA is not liable for any losses due to exchange rates.
  • It is hereby noted that the rental vehicle was handed over to The Client in good order and condition, i.e., as described on the critical check-list and equipment list.
  • The client is obligated to check the vehicle for accuracy and completeness and to report any deviations on receiving the vehicle to the person doing the hand over. We cannot make corrections after you have departed.
  • The vehicle is equipped according to necessary safety regulations. The clients are responsible to inform themselves about the valid legal requirements concerning safety equipment, as well as any additional costs like cross border fees, when entering foreign countries and they are liable for those costs.
  • During the contract period the client is to daily check the oil, water, wheel nuts, general fluid leaks and tyre pressure as informed about at the hand over of the vehicle. Non-observance will leave the client liable for the resulting damage.
  • The client receives the vehicle with a quarter tank of fuel and the vehicle is returned with the same tank level.
  • Should the vehicle provided to the client, not be to the client’s satisfaction/standard and/or requirements the Client has to return the vehicle within 24 hours from receipt thereof. No refund will be granted after 24 hours from receipt of the vehicle has lapsed.
  • The client confirms that he/she has familiarized him/her/themselves with the applicable Road Traffic Legislation and Regulations of the Country/ies which he/she/they will visit. Should the client contravene any statutory requirement of any Legislation of the country which he/she/they visit and it causes the vehicle to be confiscated by the traffic police/government official, the client will be held liable for all cost/fees/penalties involved with the incident including the cost to retake possession of the vehicle. Visit the Automobile Association Website for more details : www.aa.co.za

Your Equipment:

  • You are supplied with an Equipment Checklist on pick up of the vehicle that reflects all equipment packed for your rental.
  • On pick up of the 4×4 a full inspection is made with the client. All equipment supplied and the upkeep and safe keep thereof is the responsibility of the client. 4x4RA will cover losses / breakages up to R100 per trip on equipment, thereafter the client is liable for replacement of lost equipment.
  • Any costs for equipment losses and diesel shortages are collected at the end of your trip.

 

Insurance options with your rental:

You have 2 insurance options :

  1. 1. Your quote includes STANDARD INSURANCE which excludes the tyres and windscreens and you are responsible for the first R 30 000 in damages and an admin fee of R 3000. 4x4RA takes a R33 000 imprint on your credit card for this insurance option.
  2. SUPER COVER. No excess only an admin fee if you claim. A true ZERO liability insurance option. R 360 per day. 4x4RA takes a R3 000 imprint on your credit card for this insurance option. Tyres and Windscreen is covered and had no admin fee should we claim.

Please clearly indicate on your CLIENT INFORMATION which insurance option you would like to take with your rental. You can change your option at the handover of the vehicle.

  • Client is required to assist 4x4RA with the claim / repair / reporting processes. Failure to assist will result in that claims need to be settled by the client in full.
  • Accidents that are caused by a single vehicle (roll overs, no other vehicles involved) will carry a R45 000 excess regardless of your insurance option.
  • With Single Vehicle Accidents we do not replace the rolled / accident damaged vehicle and there is no refund for the remainder of the rental. 4x4RA will assist in finding a replacement vehicle for the client. Once a replacement has been found The Client signs a new contract with the new rental company. 4x4RA does not sign contracts with 3rd parties on behalf of The Client.
  • Accident as well as any injuries, accident participants and damages have to be recorded. 4x4RA is to be informed without delay by means of the 24 hour telephone. Proof (witnesses, traces) are to be secured and the names and addresses of the involved parties are to be noted and everything is to be done to ensure that proper clarification of the cause of damage and loss can be traced. The client may not give an admission of liability either by payment or admitting to damages or fault in anticipation of the liability claim (endangering the insurance coverage).
  • Process to be followed to report:
  1. Report accident at the 24 hour emergency telephone number of 4x4RA,
  2. All accidents need to be reported within 24 hours at the nearest police station in the country where the accident took place,
  3. Provide 4x4RA with the Police Accident Case Number received from Police,
  4. Follow the instructions given by 4x4RA.
  • Our insurance (regardless of your option) will not cover you should you drive your rental 4×4 under the following circumstances:
  • Accident was not reported to the nearest police station and a case number was obtained.
  • Driving under the influence of liquor, drugs or any item that disables you from driving properly.
  • Driving in breach of any traffic laws e.g. : excessive speed.
  • Driving at night. ( excludes when you are driving in a town and doing your activities / going to dinner for the evening ).
  • Damaged caused by careless, wilful or reckless driving.
  • Water submersion ( river crossing ) or salt water damage ( launching of boats ). We keep clients responsible for water related repairs up to 6 months after your rental has ended.
  • Incorrect use of high / low range, diff locks and clutch.
  • Any person driving the 4×4 who was not recorded under the rental agreement.
  • Pick up of hitch hikers or passengers, or persons who are not recorded on the client information.
  • Use of the vehicle for any illegal activity.
  • Payments for indemnifiable damages are to be paid up to the amount of the excess, except for damages ascribed to gross negligence. These will be calculated in its entirety.

Repair to Vehicle :

  • All our vehicles are serviced in accordance with manufacturer’s specifications. We also do additional services and preventative maintenance in order to enhance the reliability of our vehicles.
  • All vehicles are late models with full service history, but should minor repairs be required the Client / renter is permitted to make minor repairs up to the value of R 250.
  • For a refund on authorised additional repairs undertaken, full invoices need to be emailed within 7 days to after your adventure to : info@4x4rentalsafrica.com. Refund will be made to your Credit card / EFT and paid within 28 days after the submission of your claim.
  • Any repairs above R 250 require pre-approval – please phone our 24-hour help line number who will assist you with where the repair need to take place and to authorize the expense.
  • Client to assist in making the vehicle available for repairs and taking the vehicle in for repairs. We use workshops across Africa and they cannot go out to your camp site or meet you in the parking area at the shopping centre.
  • Time loss, inconvenience caused, alternative accommodation costs incurred due to mechanical failure are not covered by 4x4RA, and no claim can be instituted against 4x4RA for such loss or damages suffered .

Replacement of Vehicle:

  • We only replace a vehicle when repairs cannot be done and is not able to drive any further.
  • We reserve the right to substitute the vehicle in circumstances beyond our control. This includes but is not limited to breakdowns, late returns, customs and accidents. We are not going to get involved in arguments on the merits of the replacement vehicle. The vehicle will be equipped and suitable for your adventure. Models may differ. We use Toyota Hilux Double Cab 4×4 vehicles in our back up fleet and this is the replacement vehicle.
  • We endeavour to replace a vehicle that cannot be repaired within :
    • 36 hours in: South Africa / Lesotho / Swaziland / Namibia / Botswana / Livingstone (Zambia)
    • 72 hours in: North Zambia / Zimbabwe / Mozambique / Malawi
    • 96 Hours in: Tanzania / Kenya / Uganda / Rwanda / Burundi
    • West Africa : 4x4RA work on a case by case basis due to visa restrictions.

These time frames exclude Public Holidays and weekends.

  • No vehicle will be replaced if the vehicle was driven at excessive speeds or abuse of the vehicle has taken place or the vehicle was taken into areas not specified on the rental agreement. We monitor these activities with satellite tracking.
  • Clients that mislead 4x4RA in order to undertake repairs or replace a vehicle will be held liable for cost associated with the repair (actual invoice) or replacement (charged at R 12 per kilometre).

 

Close Out of Rental / Return of Rental

  • On return of your rental 4x4RA inspects the vehicle with the client for any damages (body, tyres, main equipment). We inspect all equipment at the return of the rental. Please allow 40 minutes for the return of your rental.
  • Our internal processes allow a period of 21 days for your rental file to be signed off and completed. This is done by our admin team. Once completed a follow up email will be sent to the Client.
  • If there are any refunds due this will be paid within 28 days after the completion of the rental. Refunds are paid back to the original credit card the Client has paid with or to a nominated bank account.
  • The client is obligated to return the vehicle according to date, place and time detailed in the contract agreement or on request of 4x4RA to return it earlier.
  • After the termination of the contract or after exceeding the contract duration, 4x4RA is entitled to repossess the vehicle or procure it at the expense of the client. The additional utilisation of the contract vehicle will be calculated according to a daily penalty tariff of R 3 000.00 per day. If you are going to return the vehicle late please make arrangements before the time and we will assist without any penalties.

Clients Paying via EFT / Debit Card

  • 4x4RA does accept clients who prefer to pay by EFT / Debit card.
  • A full value imprint of a Credit card or Debit card for EFT clients will be required at pick up of the rental.

Abuse of Our Vehicles

  • We reserve the right to take back rented vehicles where excessive speeds, reckless, dangerous or night time driving took place.
  • Clients will receive a warning via text message ( where possible ) to alert clients to any transgressions. Should a transgression take place again we make arrangements where the vehicle will be collected.
  • All costs for this collection is for the Client. There is no refund for the remainder of the rental.
  • Transgressions are any point on our Critical List that we discuss with the Client at handover of the vehicle.

General :

  • For reasons beyond our control that a reserved vehicle becomes unavailable, 4x4RA reserves the right to substitute the vehicle. This shall not constitute a breach of contract or entitle the client to a refund. Should we not be able to replace the vehicle the rental contract terminates with no further liability incurred by 4x4RA. The deposit will be refunded.
  • We do no rent out vehicles to tour operators.
  • An early return = no refund.
  • All border fees of whatever nature, 3rd party insurance, road tax or any other fees payable to cross borders remain for the cost of the client.
  • The Client must in general disclose their route as specific areas could influence vehicle preparation.
  • We reserve the right to amend quotes. Once you have been quoted and we signed a rental agreement there will be no changes to the rates. Only in the event that there is an increase in VAT or other Government taxes we will pass these increases on to our Client.
  • We reserve the right not to enter into a rental agreement.
  • 4x4RA cannot be held liable for 3rd party non-performance. (accommodation / camp sites / activity providers / workshops). This includes border crossings / officials and traffic officers.
  • Any problems experienced with a rental vehicle should be reported in writing during the rental period or at the drop off. We accept no liability for any claims submitted thereafter.
  • Clients acknowledge that due to the nature of these adventure rentals that there may be items that stop working while out on your rental. This can include zippers of your tent, your fridge, a light on your vehicle. The fact that these items stop working on your rental does not warrant a refund.
  • You will encounter dust in the African bush. Dust will enter your vehicle/s. No early returns or refunds for inconvenience caused by dust.
  • All relevant documentation (permission letters, cross border documents) is handed to you on collection of the vehicle. Should you request a reissue of these documents a fee of R 750 is applicable. These documents need to be returned at the end of the rental with any TIPs payed for.
  • Any cross-border documents you collected when crossing borders with the vehicle must be handed in at the return of the vehicle for us to move the vehicle through borders. Cost of reapplying for documents will be passed on to the client. Eg TIP ( Temporary Import Permits )
  • Costs for the repair / assistance when a client run out of fuel / diesel / lose the vehicle keys or put in the wrong type of fuel or contaminated / dirty fuel, is for the client to cover.
  • Please make sure you have a copy of your driver’s license, identity document and passport when on route.
  • All pictures, illustrations and text are representations only. Variances could occur.
  • All disputes are settled under the jurisdiction of a Magistrates Court in South Africa.
  • Clients keeps indemnified and holds 4×4 Rentals Africa (PTY) LTD, or any director, employee or appointed agents harmless against all loss, damage or claim of whatsoever nature or form.
  • In order to implement the contract, personal data is collected from the client and saved.
  • Personal data submitted to 4x4RA can be used for data fusion and storage, as well as simplifying client information management. Beside internal use we keep it private and confidential.
  • Credit card data is only used for dealing with payment processes.
  • In case of payment delay or non-contractual return of the vehicle or due to incorrect personal data the personal information can be blacklisted. In case of default or denial of payment the client data can be forwarded to a third party for payment collection.
  • The Client agrees that this contract together with the Client Info form, Critical Check List and Invoice present the entire Agreement between the Client and 4x4RA and that no alterations or additions to this Contract may be effected, unless agreed to by both parties and reduced to writing and signed by The Client or a duly authorised representative.
  • This Agreement will govern all future contractual relationships between the Parties applicable to all existing debts between the Parties.
  • The Contract is final and binding and is not subject to any suspensive condition.
  • Any conflicting condition stipulated by the Client, are expressly excluded. These terms supersede all                      previous conditions without prejudice to any sureties or guarantees held by 4x4RA.
  • These terms apply to all servants, agents and subcontractors of The Client.
  • This Contract becomes final and binding on receipt of your deposit and acceptance by 4x4RA.
  • The Client hereby acknowledges that he/she has read and understood each term of the Agreement and accepts these as binding.
  • The Client warrants that the signatory on this document is authorised to Contract on the Client’s behalf.
  • The signatory binds him/herself in his/her personal capacity as Joint Debtor, jointly and separately for the full amount due to 4x4RA and agree that these standard conditions will apply mutatis mutandis to him/her.
  • The Client acknowledges that no representations were made by 4x4RA in regard to any goods and/or services or any of its duties leading up to the Agreement.
  • The Client agrees that neither 4x4RA nor any of its employees will be liable for any negligent or innocent representation made to the Client.
  • In no circumstances will 4x4RA be liable for any consequent damages or any other liabilities of any nature whatsoever.
  • The Client has no right to withhold payment of any nature whatsoever and agrees that no extension of payment of any nature will be extended to the customer and such extension will not be applicable or enforceable unless reduced to writing signed by and on behalf of all the Parties to the Agreement.
  • The Client is not entitled to deduct any amount due by his debtors/clients/customer of the Client against any debt due to 4x4RA.
  • The Client agrees that the amount due and payable may be determined and proofed by a certificate issued and signed by any representative of 4x4RA. Such certificate shall be binding and shall be prima facie proof of the indebtedness to 4x4RA
  • Any printout of computer evidence tendered, shall be sufficient evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence.
  • The validity of any part of this contract will not affect the validity of any other part.
  • No variation of these conditions shall be of any force or effect unless reduced to writing and signed by 4x4RA or his authorised officer for the time being.
  • No indulgence, extension of time, relaxation or latitude, which 4x4RA may permit at any time in regard to the carrying out of any of Client’s obligations, shall be prejudicial to 4x4RA in any manner or be an abandonment by 4x4RA of any of i’s rights against the Client. The Client shall not be entitled to assign its rights or obligations in terms of the Agreement to any other party.
  • The Client consents to the 4x4RA instituting any proceedings constituting out of this Agreement in the Magistrate’s Court, of South Africa having jurisdiction over the customer in respect of the claim.
  • If the Client commits a breach of any of these conditions or being insolvent or liquidated or financially sequestrated or renders his estate or being a partnership or resolved or being a company placed under a provisional or final order of liquidation or judicial management or compromises or attempts to compromise 4x4RA then in any of these events, the 4x4RA may immediately cancel this Contract by giving the customer written notice to that aspect without prejudice of any of its rights it may have as a result of the breach and /or all cancellation.