If our vehicle is damaged while acting in breach of the terms and conditions of this Agreement, you will be responsible to CAR for payment of the full damages incurred.

2.2 Damages, liability and loss of deposit can be minimized by requesting our Liability Waiver Products, providing a basis on which your liability in terms of this contract may be reduced.

2.3 The following will exclude you from vehicle and Third Party cover and you will be liable for all costs and damages suffered, including and above the deposit in the event of any damages to, or loss of the vehicle and/or any Third Party vehicle affected:

2.3.1 Client or Approved Additional Driver drives the vehicle with a blood alcohol level that exceeds the limit set by the South African law, and/or is intoxicated or influenced by an illegal or legal drug.

2.3.2 The vehicle was not driven by the Client or Approved Additional Driver as nominated on the rental agreement.

2.3.3 If the vehicle was driven on un-tarred terrain (including but not limited to gravel, dirt roads or roads not properly constructed).

2.3.4 Where the vehicle damage is caused by water.

2.3.5 If the Client or Approved Additional Driver was driving recklessly and/or negligently and/or unlawfully. This includes but is not limited to:

1. Collisions caused by driving on the wrong side of the road into oncoming traffic.
2. If the vehicle was taken into any area or road where there is a risk that the vehicle may be damaged, stolen or lost due to civil disturbance, riot or any act of political unrest.
3. Where damage is caused by the driver/renter’s failure to ensure that the vehicle’s required lubricant levels are maintained.

2.3.6 Damage and/or loss sustained whilst the Renter and/or Driver is in breach of any of the terms of this agreement or any applicable laws, traffic rules, regulations or ordinances in South Africa (including speeding) or abandoning the vehicle.

2.4 If the vehicle is damaged in a situation where any of 2.3.1 to 2.3.6 apply or where the Client is in breach of any of the other clauses of this Rental Agreement, the Client will be liable for the total loss and/or damages suffered by CAR including and above deposit.

2.5 The deposit/excess and relevant Waiver Product is only valid per accident or event where the car is damaged in any way (“damage event”) or stolen/lost and must be renewed after each accident or damage event or theft/loss.

2.5.1 Deposits/excess do not cover the costs incurred to retrieve an accident damaged or stolen vehicle, nor lost or stolen keys. These recovery fees will be billed separately.

2.5.2 In the event where the vehicle is lost/stolen and not recovered, the renter is liable for the full excess amount.

2.5.3 In the event where a lost/stolen vehicle is recovered, the renter is liable for the deposit, recovery fees, fuel, damages and an administration fee – up to a maximum of the full excess amount.

2.6 Third Party Insurance: Claims for damages caused to a Third party vehicle carry an additional excess of R10 000 which will be for the Client’s account should the client wish to claim. Outsurance (Pty) Ltd reserves the right not to cover Third party damage if the evidence points to dual responsibility or 3rd party partial responsibility.

2.7 Any loss or damages not covered by insurance for reasons referred to in Clause 2.6 above will be for the Client’s account.

2.8 Under no circumstances will Third Party vehicle insurance be authorised if not repaired by CAR or our approved suppliers.

3. Waiver Products

3.1 Pro – same cover and exclusions as Standard Cover with lower excess and includes no excess payable on minor scratches and small dents only, no excess payable on replacement of tyres (maximum 2) and windscreen (maximum 1). T’s C’s apply.

3.2 Pro Plus – includes the Pro waiver and also offers a further reduced claim excess for the authorized driver in the event of an accident/theft/damages with the maximum excess/liability is up to your reduced deposit value.

3.3 Premium – includes Pro Plus Waiver and a significantly reduced claim excess for the authorized driver in the event of an accident/theft/damages with the maximum excess/liability is up to your reduced deposit value.

Note: Prices vary according to Vehicle Class and the duration of the rental period. T’s C’s apply.

3.4 Please take note that damages to the vehicle caused by Third Party error or fault, including but not limited to theft, remains the client’s responsibility and will be for the Client’s account within the excess range. Call out fees, replacement/repair costs of any additional extras (e.g. GPS) and refueling cost of damaged/lost vehicle will be billed separately. CAR is not responsible to recover monies from any Third Parties in lieu of the above.

3.5 Take note that for the purposes of clause 2.3.5, reckless and/or negligent and/or unlawful driving will be as determined by CAR in their sole discretion. Should CAR determine not to Waiver their rights to claim for damages caused due to reckless and/or negligent and/or unlawful driving, their decision will be final and the Client will be liable for payment of all damages suffered as a result of such accident / theft / damage / incident.

4. Collections Returns and Extentions

4.1 All vehicles must be collected and returned to CAR’s head office, 59 Sonneblom road Stellenridge, Bellville, Cape Town during office hours. Our office hours are from Monday to Friday 8am to 5pm. Saturdays and Public Holidays from and 9am to 3pm.

4.2 On collection of the vehicle a damage check will be completed by a CAR Representative and the check fully verified by the Client, verification deems all damages indisputable.

4.3 The vehicle will be inspected on return by a CAR Representative and any new damages will be noted and charged to the Client in accordance with the Repair Price Guide. CAR reserves the right to inspect the vehicle undercarriage if there is evidence of dust/gravel/untarred road driving.

4.3.1 Lost car keys need to be found and returned within 24 hours in order not to be billed for a replacement set.

4.4 The Client will receive a vehicle filled up to the 1st click and washed. The cost to refill the vehicle to the 1st click will be deducted from the deposit. Upon a clear inspection of the vehicle (to ensure it is returned in the same condition). 

4.4 If the vehicle is not returned in clean condition a cleaning fee of R110 will be charged for a standard wash. An interior valet of R380 (Group A B), R480 for larger vehicles (Group C, D F) and R650 (Group E) will be billed for the removal of excessive dirt, sand, stains and odours at the discretion of CAR. No smoking permitted in our vehicles.

4.5 Daily rental rates work on a 24 hour cycle or part thereof, starting from booked collection time. A full day’s rental will be charged for returns more than 1 hour late.

4.6 For a complete ‘no-show’ on due date of return, a no-show admin fee of R350 will be charged in addition to the outstanding rental charges and any other damages suffered as result of the Client’s breach of agreement to bring the car back on the agreed day of return.

4.7 The Client 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 him/her and, without prejudice to any other rights in law that CAR may have, CAR may repossess the vehicle wherever it may be found and from whomsoever is in possession thereof. Any costs incurred in recovering the vehicle as well as the cost of any additional rental days, any additional extras or waiver products taken and cost to refuel vehicle, will be for the account of the Client.

4.8 Deposits will be refunded after the return of the vehicle and will be processed within two business days. If renter pays deposit by credit or debit card, a non-refundable admin fee of R300 will be charged.

4.8.1 The client will be fully liable for any international transactions bank fees (i.e Forex payments refunds).

Note: Due to the respective banks deposit refunds can take up to 7 to 14 working days to reflect.

4.9 All extensions to the rental period are to be requested in writing prior to the return date on the contract via email to chicautorentals@gmail.com. The extension will be at CAR’s sole and unfettered discretion, and will only be considered subject to vehicle availability.

4.9.1 All additional Waivers and accessories are automatically extended with the contract term unless specifically requested otherwise by the client, deposits and damage claims must be re-assessed at time of product discontinuation.

4.9.2 Payments for Rental extensions are due before the previous Rental term end date. Should payment for the rental extension not be received before the previous Rental term end date, the vehicle will be recovered at a cost of no less than R1000, which will be for the client’s expense.

4.10 Rental prices are subject to change and are only guaranteed for the initial contract term dates.

5. Drivers Licenses

5.1 The Client/Approved Additional Driver – confirm that the driver’s license they have presented to CAR is a valid driver’s license, obtained legally in South Africa or is a legitimate international license valid for use on South African roads.

5.2 Approved Additional Drivers can only drive the vehicle after their name, ID/Passport and driver’s license are presented to or emailed to chicautorentals@gmail.com and CAR has confirmed receipt thereof. Approved Additional drivers will be charged at R350 per driver.

6. Travel Fees

6.1 We offer a 200 km travelling distance from Cape Town City Centre. If you are travelling further than 200 km from Cape Town City, it must be referred to in the rental agreement, failing which you will be in breach of this agreement if you travel further than 200km from the Cape Town City unless specified by Client in writing via email to chicautorentals@gmail.com and CARs must provide written consent via return email to that client.

6.2 Mileage limit on the vehicle will be limited to 100km per day. Any mileage on the vehicle in excess of this limitation will be subject to an excess mileage surcharge of R2 per kilometre.

6.3 If the Client during the rental period decides to travel further than 200 kms from Cape Town City and such is not written into the Rental Agreement as required, this must be communicated by Client before the road trip commences via email only, to chicautorentals@gmail.com and CAR must provide its written permission via return email to the Client.

6.4 If you travel further than 200 km from Cape Town but within 400 km, a R499 once-off travel fee is payable (unlimited km). If you travel further than 400 km from Cape Town but within 750 km, a R799 once-off travel fee is payable (unlimited km).

6.5 If the client travels further than the permission granted in the Rental Agreement and has an accident or the vehicle malfunctions, the client will be liable for all expenses incurred, including and above the deposit.

6.6 Without prejudice to any other rights in contract or law that CAR may have, the Client understands that non-disclosure of travel that is further than 200km from Cape Town City could result in a R1000 penalty plus the relevant travelling and R299 admin fee being charged.

6.7 The tracker unit installed in the vehicle will be used to determine the mileage and the location of the vehicle.

7. Important Information

7.1 The Client is responsible for observing the ongoing roadworthiness of the rental vehicle, throughout the rental period.

7.2 The client must notify CAR via (063 900 2 911) within 1 hour if they are concerned in any way with the roadworthiness or functioning of the rental vehicle (including the performance of the clutch and initial petrol level). 

7.3 Should there be any defects/malfunctions from an accident or wear and tear or any other malfunctions or happenings which render the vehicle unroadworthy for any reason whatsoever, specifically but not limited to the vehicle’s tyres, brakes and lights, including oil and water levels, the Client must immediately refrain from driving the vehicle and contact CAR via (063 900 2 911) to remedy this. The renter/driver is not permitted to carry out any repairs, including replacing tyres, on the vehicle.

7.4 CAR will not be held responsible for any accidents/injuries that result from the Client driving a vehicle that is not roadworthy.

7.5 Engine damage caused to the vehicle due to client negligence with reference to clause 7.3 – will be for the client’s account and will not be covered by any additional Waiver Products.

7.6 The Client is responsible to maintain correct oil/water levels and tyre pressure is to be between 2.0 – 2.3 bars.

7.7 CAR will be responsible to repair/replace any malfunctioning part(s) and restore the vehicle to Roadworthy condition, provided that the vehicle’s un-roadworthy condition is not as a result of a breach by the Client of any of the terms of this Rental Agreement. 

7.8 With reference to clause 7.2 – Manual gear-shift vehicles require a certain level of competence when being driven in order not to damage the vehicles clutch. CAR reserves the right to test the client’s driving competence and bill the client accordingly should the clutch fail while in your possession.

7.9 The Towing of a CAR vehicle that has not been authorised by CAR directly on and confirmed via text message(063 900 2 911) from that number – will be for the Client’s own account.

7.10 No-one may drive the vehicle except the Client and an Approved Additional Driver.

7.11 The Client is responsible to inform any Approved Additional Drivers of the Terms and Conditions laid out in this document and the Client remains fully liable for any loss or damages suffered as contained in the contract whether or not the Client was responsible therefore.

7.12 The Client and any person whose signature appears on this Agreement in their capacity as an Approved Additional Driver shall be liable jointly and severally for all payments due to CAR in terms hereof.

8. Additional Fees

8.1 Our vehicles are only allowed to drive on tarred roads. Clients will be liable for a minimum fee of R899 for dust and gravel road driving as well as the full costs to cover any damages resulting from dust and gravel road driving. CAR does allow a maximum of 1km to, and from your destination.

8.2 Approved Additional Drivers will be charged once-off R350 per driver. During the rental period, the vehicle may not be driven by any person other than the Client or an Approved Additional Driver.

8.3 Age limits – The fee charged for Clients or Approved Additional Drivers (i) with a driver’s license that is less than two years old or (ii) who are 25 years of age or younger or (iii) or are 70 years of age or older – will be a R350.00 once-off fee and will be charged on every client or Approved Additional Driver who fits any of the above descriptions set out in (i) to (iii) in this clause 8.3.

9. Traffic Fines, Offence and Penalties

9.1 The Client is liable for payment of traffic fines and offences and E-Toll charges that occur during the time that the Client is in possession of the vehicle. An additional administration fee of R250 is payable per fine/traffic offence and an additional administration fee of R50.00 per E-Toll bill will be payable by the Client.

9.2 Speeding recorded by our installed GPS tracker will be deemed to be reckless driving.

9.3 Speeding recorded by our installed GPS tracker of 20 kilometers or more above the speed limit will be charged to the Client at R500 penalty per offence.

9.4 Speeding of 40 kilometers above the speed limit will result in a R1000 penalty payable by the Client per offence.

9.5 Traffic fines that result in a Summons to court (Non -Admission of Guilt) – a penalty of R1500 in addition to the fine will apply.

10. Cancellation of the Rental Agreement

10.1 The Client may cancel the Rental Agreement however a cancellation fee of 30% of the remaining balance on the Rental Agreement will be charged. We offer no refunds of any waiver product or additional extras purchased.

10.2 Notwithstanding clause 10.1 above, it is explicitly noted that there will be no refunds on early returns for rental periods of 7 days or less, or cancellations by the client within 3 days of the due return date. No refunds includes any additional accessories (GPS, Roof Racks, Baby Seats etc) or Waiver Products purchased.

10.3 CAR reserves the right to unilaterally terminate this agreement at any time it deems necessary in the best interests of CAR. Notice of intention to terminate this agreement can be given by CAR at any time, written or verbally, to the Client. CAR shall be entitled at any time to take possession of the vehicle wherever found and from whomever has possession thereof. The obligations of the Client and the rights of CAR under this agreement remain in force until the vehicle has been returned to CAR. Any costs incurred in the recovery of the vehicle will be for the account of the Client.

11. General Clauses

11.1 In this Agreement, “Business Day” means any day other than a Saturday, Sunday or statutory public holiday in South Africa.

11.2 Interest shall accrue on all amounts owing under this agreement, including capitalised interest, at the Prime Rate plus 2% (two percent) compounded monthly in arrear from (and including) from the date on which such amount became due. “Prime Rate” means the prime lending rate expressed as a percentage per annum calculated daily and compounded monthly in arrears on the basis of a 365 day year as quoted by Standard Bank Limited from time to time and certified by any manager of that bank, on the basis that the appointment, qualification and authority of the signatory of such certificate need not be proved.

11.3 This agreement will in all respects be governed by and construed in accordance with the laws of South Africa. The CAR shall be entitled, although not obligated, to institute all or any proceedings against the Client in connection with this Rental Agreement in the Cape Town Magistrates Court and the Client hereby consents to and submits to the jurisdiction of that court.

11.4 A certificate issued by an authorised person of the CAR as to any indebtedness of the Client in terms of this Rental Agreement or any other fact relating to this agreement shall be prima facie evidence of the Client’s indebtedness to the CAR hereunder and/or such other fact for the purpose of provisional sentence or summary judgment proceedings or for any other purpose.

11.5 Each clause, sub-clause and sentence of this Rental Agreement shall be severable, the one from the other, and if any clause, sub-clause or sentence is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses, sentences and sub-clauses shall be and continue to be of full force and effect.

11.6 CAR shall be entitled to cede, delegate, assign or transfer any of its rights and/or obligations in terms of this agreement or any part thereof to any third party. Such assignment or transfer shall be deemed to be complete and enforceable with effect from the date upon which a notice in writing signed by both the CAR and the assignee/transferee attesting to such assignment is delivered to the Customer.

11.7 The Client shall not be entitled to cede, delegate, assign or transfer any of his rights and/or obligations in terms of this agreement to any person.

11.8 This agreement constitutes the whole agreement between the parties in relation to the subject matter thereof and supersedes any other discussions, agreements and/or understandings regarding the subject matter hereof. No party shall accordingly be bound by any undertaking, representation, warranty or promise not recorded therein.

11.9 No variation of, addition to, or waiver of any right arising in terms of this agreement shall be of any force or effect unless it is reduced to writing and signed by a duly authorised representative of each of the parties.

11.10 No relaxation, indulgence or extension of time granted by CAR’s to the Client shall be construed as a waiver of any of CAR’s rights in terms hereof, or a novation of any of the terms of this agreement or estop CAR from enforcing strict and punctual compliance with the terms of this agreement.

11.12 This Rental Agreement may be signed in one or more counterparts all of which shall be considered one and the same agreement and shall become effective when a counterpart has been signed by each of the parties to this agreement.

11.13 During the rental period, including any extension thereof, the vehicle may not be used (i) to convey passengers or goods for payment (ii) to tow any other vehicle (iii) for sport or (iv) in contravention of any law in South Africa.

11.14 The Client agrees to keep the vehicle properly locked at all times and is to ensure that the keys are under his/her control at all times.

11.15 CAR will be entitled to conduct a credit check and/or a criminal check on the Client, and CAR will be entitled to record any defaults in payments due on this agreement with any / all of the credit agencies in South Africa, in which case CAR will not be held liable for any consequences of such disclosure on the Client.

11.16 CAR is entitled to disclose any information obtained as a result of the entering into, or breach, of this Rental Agreement, whether personal or otherwise to any person, and is also entitled to use all information at its disposal for purposes of tracing and recovering the vehicle if it is not returned to CAR at the agreed time.

12. Indemnity and Risk

12.1 Save for Misconduct, the Client indemnifies and holds CAR harmless against all liabilities, damages, costs and expenses howsoever incurred or suffered by the Client or any third party, (i) during the period of the Rental Agreement or (ii) during any extension thereof or (iii) arising out of the Client’s use or possession of the vehicle at any time. In this Rental Agreement, ‘Misconduct’ shall mean any willful or intentional act to harm the Client, including gross negligence, by an employee or member of CAR – and it is the only exception to the indemnity contained in this clause.

12.2 CAR is further indemnified and held harmless for any action taken or procedures followed by virtue of reliance placed on information obtained from the Client or its representative or any third party.

12.3 Without limiting the generality of clause 12.1, which will take precedence over this clause, the Client notes that he/she is responsible to abide by the terms of this Rental Agreement and has indemnified the CAR against any claims made due to, or during, lack of compliance with the terms of this Rental Agreement for any reason whatsoever.

12.4 Notwithstanding anything to the contrary contained herein and subject to an act of Misconduct on the part of CAR, the Client enters into this Agreement and rents the vehicle at his/her own risk. The Client shall bear all risk howsoever arising through and out of the operation of this Rental Agreement and/or the Client’s use of the vehicle. CAR shall not be liable for any loss, prejudice, injury or damage howsoever caused or sustained, whether in contract or delict, whether arising directly, indirectly, or consequentially to the actions of CAR.

12.5 CAR shall further not be liable for any indirect or consequential loss arising out of this Rental Agreement.

12.6 The Client is bound by the terms of this Rental Agreement whether he / she was driving the vehicle or not.

13. Domicilium Citandi Et Executandi and Notices

13.1 For the purposes of the giving of notices and the serving of legal process in terms of this agreement, the Client chooses a domicilium citandi et executandi (“Domicilium”) as provided in South African Physical Address above, as well as email address as per the above furnished information.

13.2 Any notice given in connection with this agreement shall, save where a particular form of notice is stipulated, be:

13.2.1 delivered by hand; or

13.2.2 sent by courier; or

13.2.3 sent by email to the Domicilium chosen by the party concerned.

13.3 A notice given as set out above shall be deemed to have been duly given (unless the disputing party proves the contrary):

13.3.1 if delivered by hand, on the date of delivery; or

13.3.2 if sent by courier, on the date of delivery by the courier service concerned; or

13.3.3 if sent by email, on the first Business Day after the date of transmission.

13.4 Any written notice actually received by a party shall be valid, notwithstanding that it may not have been given in accordance with the preceding provisions of this clause 13.

14. Credit Card Authorisation

14.1 Prior to release of the vehicle to the Client, an authorization must be signed by the Client giving CAR permission to debit any amount due in terms of this Agreement, including but not limited to amounts to cover damages to vehicle, fines, petrol charges, breach of contract and all other payments that are payable to CAR in terms hereof.

14.2 I hereby give permission for CAR to manually debit my card of any amounts due in terms of this Agreement at any given time.

You have read and understand the terms and conditions of this Agreement.