DEFINITIONS
Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Agreement, including this definitions clause, bear the meanings ascribed to them:
1.1. “Additional Driver” means the person who, in addition to the driver, is reflected in this Agreement as being duly authorised by the Company to drive the vehicle;
1.2. “Agreement” means this vehicle rental agreement together with all annexures attached hereto, as amended from time to time;
1.3. “Business Day” means any day other than a Saturday, Sunday or an official public holiday in the Republic of South Africa;
1.4. “Company” means Rakoma Car Rental (Pty) Ltd, a private company registered in terms of the Act, with registration number 2018/611978/07, herein represented by a Director of the Company;
1.5. “Daily rates” means the rates charged by the Company for a period strictly calculated in cycles of 24 hours, from time of pick up to time of drop off;
1.6. “Day” means a period strictly calculated in cycles of 24 hours, from time of pick up to
time of drop off;
1.7. “Driver” means such person reflected on page 1 of this Agreement
1.8. “Effective Date” means the Signature Date;
1.9. “Extended Period” means any extension of the Rental Period beyond the agreed return date or time as authorised by the Company in writing;
1.10. “Fuel costs” means the costs incurred to refuel the vehicle to the same level as it was when the vehicle was last refueled by the Company including fuel used between the renting location and the feeling station;
1.11. “Parties” means the Renter and the Company and Party shall mean either one of them as the context requires;
1.12. “Renter” means any party to this agreement whether the Driver, Additional Driver, authorised signatory or qualified payer;
1.13. “Rental Overdue Administration Fee” means the applicable amount charged to the Renter in the event that the vehicle is not returned by the Renter to the Company at the agreed date and time at the expiry of the Rental Period;
1.14. “Rental Period” means the period between the date and time when the vehicle is taken by the Renter and the termination date and time as specified in this Agreement or at the termination of the Extended Period;
1.15. “Renting location” means the Company’s premises from which the vehicle is rented by the Renter alternatively any location agreed upon by the Company;
1.16. “Signature Date" means the date of signature of this Agreement by the Party which signs last in time.
1.17. “Vehicle” means the vehicle described in this Agreement, including but not limited to all keys, tyres, tools, equipment, accessories and documents in and on the vehicle when the Renter takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been officially authorised by the Company, whether or not such replacement was approved by the Renter;
1.18. “Waiver” means a reduction of liability of the Renter in the event of an accident/theft and/or loss of the vehicle.
2. RECORDAL OF RENTAL
The Company hereby rents the vehicle to the Renter, who hires the vehicle subject to the terms and conditions contained herein.
3. CONDITION OF VEHICLE
The vehicle shall be deemed to have been delivered to the Renter in good order and repair and without any damage to amongst other things the paintwork, upholstery and accessories unless such damage is recorded in writing and signed by both parties in terms of the “Vehicle Condition Report”. Any damage not recorded as aforesaid shall be for the account of the Renter.

5. RENTAL RATE AND PAYMENTS
5.1 The Renter hereby agrees to pay the Company at the rate of stipulated on the invoice with 200 free km and a set fee per extra km.
5.2 The Renter furthermore agrees to pay the following charges to the Company:
5.2.1 All fuel used shall be paid for by the Renter as well as the refuelling costs;
5.2.2 All traffic fines, traffic fine admin fees, e-toll surcharges/admin fees petrol transaction, taxes, levies, legal costs and tolls payable by the Company to a third party arising out of the use of the vehicle by the Renter;
5.2.3 All costs associated with towing charges, losses or damages and charges incurred by the Company in procuring the return of the vehicle to the Company’s premises;
5.2.4 The Rental Overdue Administration Fee if the vehicle is not returned on the return date;
5.2.5 All costs incurred by the Company in repairing any damage of any nature whatsoever to the vehicle including but not limited to damage to the windscreen and tyres and any loss or damage suffered by the Company as a result of theft, fire or any cause whatsoever;
5.2.6 Any valet charges levied for cleaning of the vehicle should the vehicle be returned to the Company in an unreasonable condition according to the Company’s sole discretion;
5.2.7 All traffic fines incurred during the rental period;
5.2.8 All storage costs incurred by the Company as a result of the vehicle having to be stored for any reason whatsoever and as a result of the use of the vehicle by the Renter.
5.3 The Renter agrees to the above charges being charged to his credit card or account, as the case may be.
5.4 The Renter agrees to pay all amounts payable to the Company in terms of this Agreement immediately upon demand. Should the Renter fail to make payment on the due date, then the Company may charge interest on the amounts outstanding at the maximum rate permissible by law.
5.5 The Renter further agrees to pay a deposit to the Company, the said deposit to be used as security for any amounts payable to the Company.
6.6 In the absence of damage, loss or payments due to the Company, said deposit shall be credited toward payment of the Rental Rate and any excess shall be returned to the Renter.
6. YOUNG / ADDITIONAL DRIVER AND ADMINISTRATION FEE
6.1 An additional fee will be charged for an Additional Driver or a younger driver (under the age of 23), provided that they are in possession of a valid driver's license for a minimum of (3) three years.
6.2 An administration fee, airport surcharge, remote branch surcharge and tourism levy per rental will be charged directly to the Renter at the time of rental.
7. FINES AND PENALTIES
The Renter shall be responsible for fines and penalties imposed for road traffic offences provided that the Renter shall pay the fine or penalty imposed together with an administrative fee of R250 for each fine or penalty, upon demand by the Company.
8. WARRANTIES
8.1 The Renter states that he is physically and legally qualified to operate the above described vehicle.
8.2 The Driver and/or Additional Driver holds a valid driver’s license for the vehicle, has not been convicted of a criminal offence which resulted in the endorsement of cancellation of his driver’s license and will not drive the vehicle under the influence of alcohol or any other central nervous system stimulant.
8.3 No person other than the Driver and/or the Additional Driver shall drive the vehicle;
8.4 The vehicle shall not be used or driven for the conveyance of persons or property for hire or be used in contravention of or in breach of any law or on roads not properly constructed;
8.5 The maximum passenger capacity of the vehicle shall be adhered to at all times.
9. EXCLUSIONS
9.1 The rented vehicle shall not be used to carry passengers or property for hire;
9.2 The rented vehicle shall not be used to carry passengers other than in the interior or cab of the vehicle;
9.3 The rented vehicle shall not be used to push, propel or tow another vehicle, trailer or any other thing without the written permission of the Company;
9.4 The rented vehicle shall not be used for any race or in any competition; 10.5 The rented vehicle shall not be used for any illegal purpose;
9.5 The Renter shall not operate the vehicle in a negligent manner;
9.6 The rented vehicle shall not be operated by any other person other than the Driver and/or Additional Driver without the written permission of the Company. If the Renter allows any other driver to drive the rented vehicle, the Renter will be fully responsible for all expenses relating to the rental car and any other vehicle involved in any type of accident.
10. COLLISION DAMAGE, THEFT OR TOTAL LOSS
10.1 The Renter shall immediately, but in any event, within a period of no later than 24
hours in the case of an accident and within 6 hours in the case of theft-:
10.1.1 notify the Company by telephone and in writing of any accident in which
the vehicle has been involved or of any theft of the vehicle;
10.1.2 report such accident or theft to the South African Police Services and immediately provide the Police case reference number to the Company;
10.1.3 where possible, obtain the name and address of all parties involved in the accident and any witnesses to the accident;
10.1.4 shall not acknowledge responsibility or liability for the accident or release any party from any potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimed liability;
10.2 Where the vehicle is unable to be driven after an accident, the Renter shall permit only a tow truck authorised by the Company or the Company’s insurer to remove the vehicle.
10.3 The Renter shall be responsible for any amount in excess of the Damage and Loss Liability Waivers as referred to in clause 13 below.
10.4 Any accidental damage to the vehicle shall be repaired by a panel beater or other appropriate service provider or technician approved by the Company.
10.5 Where the damage to the vehicle is of such a nature that the cost of repair exceeds the value of the vehicle the Renter shall be liable for the difference between the fair value (value of the vehicle from time to time determined by reference to the mean average between the trade value and the retail value of the vehicle) and the compensation paid by the Company’s insurer for the vehicle.
10.6 Similarly, where the damage to the vehicle may not render the vehicle a write-off but the vehicle suffers damage that affects its fair value, the Renter shall be responsible for the difference between the actual value of the vehicle after the accident, as determined by an expert and the fair value thereof.
10.7 Subject to the provisions of paragraphs 11.5 and 10.6 above, the Company, at its sole discretion and once the Company has been compensated for its loss aforementioned, may provide to the Renter a replacement vehicle of similar value and specifications where the Renter’s vehicle is damaged beyond repair. The Renter may accept the replacement vehicle or elect to terminate the Agreement.
11. THIRD PARTY CLAIMS
11.1 Should the Renter be involved in an accident where the fault was not that of the Driver/Additional Driver, the Renter is still responsible and liable for a limited liability amount of R 5000.00 until a third party recovery has been made by the Company. The Company will reimburse the Renter the amount paid less the assessment, towing and claim handling fee.
11.2 If the Damage and Loss Liability Waivers are accepted and no factors apply to negate the waivers then the Company shall settle third party claims as follows: The Renter is liable for the first R 9600.00 of the claim where after the Company will settle the difference. This settlement is further limited to direct damage caused and excludes consequential loss.
12. DAMAGE AND LOSS LIABILITY WAIVER
12.1 The Renter’s liability in the case of an accident damage or loss through theft or high jacking is limited by the Damage and Loss Liability Waivers and the Renter will only be liable for the amount in excess of the Damage and Loss Liability Waivers.
12.2 The Renter shall provide to the Company all the information which might be relevant to the Damage and Loss Liability Waivers.
12.3 Where the damage and Loss Liability Waivers may not include cover for windscreens or tyres, the Renter shall be liable for the cost of repairing and replacing the windscreen, any other glass and the tyres fitted to the vehicle during the term of this Agreement.
12.4 The Renter shall be responsible for any damage or loss to the vehicle where a claim is repudiated on one or more of the general conditions or exceptions under the Company’s Insurance Policy and where the Renter is the cause of the repudiation.
13. FACTORS THAT NAGATE WAIVERS
13.1 Any wrong and/or illegal actions or failure to act which result in damage or loss;
13.2 Driving under the influence of alcohol or substances that diminish your capacity;
13.3. Unauthorized persons driving the vehicle;
13.4 Taking the vehicle across the border without authorization;
13.5 Not adhering to traffic, road and driving regulations;
13.6 Unsuitable driving or driving the vehicle on road conditions not suitable for the make
of the vehicle;
13.7 No other vehicles or third party involved in a collision unless exceptional circumstances apply;
13.8 Not reporting the collision to the Company and the nearest Police Station within 24 hours;
13.9 Failure to obtain authorization from the Company and effect payment for the extension of the contracted rental period;
13.10 Failure to report the theft of a vehicle to the Company and a Police Station within 6 hours of the event;
13.11 Failure to produce the vehicle keys in the case of theft unless exceptional circumstances apply;
13.12 Failure to report the exact details of the last known location of the vehicle prior to
theft;
13.13 Not using the vehicle for its intended purpose, for example carrying unlawful goods;
13.14 Using the vehicle for agricultural purposes without
prior authorization by the Company.
14. BREACH
In the event of the Renter breaching the terms and conditions of the Agreement, the Company shall be entitled without prejudice to any other rights in law that it may have to immediately and without notice terminate this Agreement and demand the immediate return of all vehicles to the Company. The parties’ rights and obligations shall remain in full force and effect until such time as the vehicles have been returned to the Company and the Renter have complied with all his obligations in terms hereof including but not limited to payment of all amounts due and payable to the Company, without set off. The amounts then and there owing by the Renter to the Company shall become immediately due, owing and payable.
15. INDEMNITY
The Company shall not be liable for any damage or loss, whether direct or indirect, arising out of any defect in or mechanical failure or the safety of the vehicle or any apparel therein including, but not limited to a trailer and/or a baby seat or the driving or use thereof, nor for any direct or indirect loss, consequential damages, loss of profits or special damages arising out of any of the foregoing. The Company does not accept any liability for any loss of or damage to any property transported in or left in the vehicle or any other damages or loss as a result of the conveyance of the driver and/or any other passengers. No warranties as to the condition, state of repair, performance capabilities, year of manufacture, odometer reading or anything else concerning the vehicle are given by the Company.
16. DOMICILIUM AND NOTICES
16.1. Each Party chooses as its address for all purposes under this Agreement (“chosen address”), whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this Agreement (“notice”), as follows:
The Company:
Physical Address: Shop 19 Kyalami Corner, Corner of Pitts avenue, Main Rd, Witpoort, Midrand, 1684
E-mail address: info@rakomacars.co.za
The Renter:
Physical Address: As indicated on the first page of this rental contract.
E-mail address: As indicated on the first page of this rental contract.
16.2 Any notice required or permitted under this Agreement shall be valid and effective only if in writing;
16.3 Any Party may by notice to the other Party change its chosen address to another physical address in the Republic of South Africa and such change shall take effect on the seventh day after the date of receipt by the Party who last receives the notice;
16.4 Any notice to a Party contained in a correctly addressed envelope and delivered by hand to a responsible person during ordinary business hours at its chosen address, shall be deemed to have been received on the date of delivery;
16.5 Any notice to a Party contained in a correctly addressed envelope and delivered by registered post to a Party’s chosen address, shall be deemed to have been received on the seventh day after posting;
16.6 If sent by email, shall be deemed to have been received on the date of dispatch or on the next business day if the time of dispatch is not on a business day unless the contrary shall otherwise be proved.
16.7 Notwithstanding anything to the contrary herein, a written notice actually received by a Party, including a notice sent by fax and e mail, shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen address.
17. INTERPRETATION
17.1 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation;
17.2. Unless the context clearly indicates a contrary intention, any word connoting:
17.2.1. Any gender includes the other two genders;
17.2.2. The singular includes the plural and vice versa;
17.2.3. Natural persons include artificial persons and vice versa;
17.3. A reference to an enactment is a reference to that enactment as at the date of
signature hereof and as amended or re-enacted from time to time;
17.4. The rule of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply;
17.5. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement;
17.6. The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word "including" and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned;
17.7. Where any term is defined within the context of any particular clause in this Agreement, then, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, the term so defined shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in the definition clause.
18. GENERAL
18.1 The parties hereby consent to the non-exclusive jurisdiction of the Pretoria Magistrate’s Court in respect of any and all proceedings arising under or by virtue of this Agreement whether in respect of damages or otherwise, despite the subject matter and/or cause of action which would otherwise have been beyond such court’s jurisdiction.
18.2 The law governing this Agreement, including without limitation its interpretation and all disputes arising out of this Agreement, is the law of South Africa, and the Parties submit to the exclusive jurisdiction of the South African courts in respect of any matter arising from or in connection with this Agreement, including its termination.
18.3 This Agreement constitutes the sole record of the agreement between the Parties with regard to the subject matter hereof. Neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This Agreement furthermore cancels all previous agreements entered into between the Parties and renders such agreements of no further force and effect.
18.4 No addition to, variation of, or agreed cancellation of, this Agreement (including the provisions of this clause) shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
18.5 No relaxation or indulgence, which any Party may grant to any other, shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.
18.6 Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
18.7 An approval or consent given by a Party under this Agreement shall only be valid if in writing and shall not relieve the other Party from responsibility for complying with the requirements of this Agreement nor shall it be construed as a waiver of any rights under this Agreement except as and to the extent otherwise expressly provided in such approval or consent, or elsewhere in this Agreement.
18.8 Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
18.9 The expiration, cancellation or other termination of this Agreement shall not affect those provisions of this Agreement which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
18.10 The Renter consents to any credit/information/ITC checks or submission to any credit bureau that may become necessary.
18.11 The Renter acknowledges that ownership in the vehicle shall at all times remain vested in the Company.
18.12 The Renter shall not be entitled to cede or assign any of his rights and obligations under this Agreement or to sublet or part with possession of the vehicle, its tools or equipment or any part of it.
18.13 The Renter consents and authorizes the Company to disclose all relevant information of the Renter to SANRAL and any road traffic authority for the recovery of any e-toll transaction or traffic fines in respect of the driving of the vehicle.
18.14 The Renter agrees to pay all the Company’s costs and damages, of whatsoever nature and howsoever arising in respect of the recovery of the vehicle or monies due and owing and payable to the Company including but not limited to tracing fees, attorney’s fees on an attorney and own client scale and collection commission.
18.15 The Renter consents to the authorised use of his Personal Information/Special Personal Information by the Company for purposes of processing. The Renter expressly consents to the use of his information for marketing purposes. The Renter’s consent in terms hereof is effective immediately and endures until the relationship between the Parties are terminated by either party. Personal Information/Special Personal Information and Processing are as defined in the South African Protection of Personal Information Act, 4 of 2013 which meanings are incorporated herein, and the Renter undertakes to update his personal and special information.