Terms and Conditions of the rental agreement

    1. DEFINITIONS AND INTERPRETATIONS

      1.1 In this agreement, unless the context otherwise, the following expressions shall bear the following meanings:

      “Us”, “we”, “our” : means PSF Trading Enterprise (Pty) Ltd registration 2012 / 004660 / 07  trading as PSF Car Hire, a division of PSF Fleet Solutions as well as its partnership’s members.
      “The Renter”, “you”: means you, the Renter and/or operator of the Vehicle, as well as all names appearing on the Rental Agreement, as the Renter, the operator, Additional Driver and/or the driver.
      “The Vehicle”: means the vehicle as is described in the Rental Agreement as being hired with all its keys, tyres, accessories, spares, documents, equipment and tools, 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 authorized by us for any reason whatsoever.
      “Damages”: means any and all damages suffered by US, including the actual expenditure incurred in towing, transporting and/or storing the Vehicle, repairing any damage (including tyre and rim damage), replacing of parts and/or accessories (without allowing for depreciation), payments made to an expert to inspect collision damage and report thereon, or any other damages, costs or expenses incurred by us of whatsoever nature and includes total loss where applicable.
      “The Rental Period”: means the period between the commencement date of the hire of the Vehicle and the end date and time, which dates are stipulated on the Rental Agreement or any authorized and confirmed extension thereof.
      “The End Date”: means the date on which the Renter must return the Vehicle to us as stipulated on the Rental Agreement or the date on which we take delivery of the vehicle from the Renter.
      “The extension of the rental period” or “Extended period”: means an authorized extension to the Rental Period, which will come into effect should the Vehicle not be returned to us for any reason whatsoever, on the return date as stated on the Rental Agreement and/or any extension authorized by the us.
      “Holding Deposit”: means a deposit paid by the Renter and held by us for all additional costs incurred whilst hiring the Vehicle. The Holding Deposit Amount is subject to the type of vehicle in a specific group and/or class.

    2. Rental of the Vehicle

      2.1 We rent the vehicle to the renter, with all accessories, spares, equipment and tools. The onus is on the renter to inspect the vehicle immediately upon delivery to ensure that the vehicle is free of any defects and is not damaged/scratched, and failure to do so and to report same to us shall result in the vehicle being deemed to be in good condition, order and repair and you shall accordingly be liable for all and any damages to the vehicle and the related charges therefore. The Renter will be bound by these terms and conditions, whether he/she was driving the vehicle or not.

      2.2 The vehicle shall be at the renter’s sole risk from the date and time of delivery of the vehicle until the vehicle is returned to us. The renter undertook to return the vehicle undamaged, in good order and in a roadworthy condition, fair wear and tear excepted.

      2.3 The renter shall return or hand over the vehicle, on the expiry or termination of this agreement, at the renters expense to our authorized representative at our location at which you took delivery, or such location as agreed to by us and confirmed in this document, entered into on our records. The Renter acknowledges that failure to return or hand over the vehicle in terms of this agreement shall constitute illegal possession by the renter , and we may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Should we need to incur costs in order to retake possession of the vehicle, such costs will be for the Renters account.

      2.4 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 under ‘vehicle condition report’ on the Rental Agreement). Any damage not so recorded will be for the account of the Renter. All Vehicle Rental Extras shall be deemed to be in good working order unless otherwise advised by the Renter at either the rental location or agreed delivery location.

      2.5 The Renter may not terminate this agreement prior to the end date of the Rental Period without the prior written consent, which consent shall be requested within a reasonable time from us. Should we approve the reduction in the Rental Period, we are not obliged to grant the Renter a reduction on, remission or refund of, any changes for early termination.

      2.6 We reserve the right in its sole discretion to terminate this agreement at any time should the Renter be in breach of any of the terms and conditions of this Agreement during the Rental Period. Upon termination of this Agreement, we will take possession of the vehicle and shall not be obliged to provide the Renter with a similar or alternative vehicle under this or any further agreement.

      2.7 In the event that the vehicle has a tracking device installed, all and or any information obtained by us from such device shall be prima facie proof of all readings and recordings in respect of such vehicle and we shall be entitled to use such readings in any legal proceedings upon mere production thereof. The Renter bears the onus of disproving the validity of any such reading.

    3. Calculation of Charges

      3.1 PSF Car Hire calculates rental days as the number of consecutive 24-hour periods starting at the time stipulated on this rental agreement and finishing at the end of the time stipulated on this rental agreement. An extra day is charged after allowing a grace period of 29 minutes. Notwithstanding this, clause 2.3 applies in the case of unauthorized late return of the vehicle.

    4. Rental Fees, Charges and Refunds

      4.1 The rental fees payable include, but are not limited to, the following:

      4.1.1 A daily charge rate as described in the “PSF Fleet Solutions price list”, “Brochure” “Website” and or “Rate Chart” which the Renter acknowledges and agrees that he has read, calculated on a 24-hour basis from the time the Vehicle is delivered to the time the Vehicle is returned and/or alternatively collected;

      4.1.2 The Damage Liability charged, where applicable in terms of this Agreement;

      4.1.3 All payments in respect of rental and any other charges levied in terms of this Agreement, together with any taxes, are due and payable on demand, and at the latest on expiry of the Rental Period. The Renter shall not set-off or withhold payment of any amounts due to us in terms of this Agreement for any cause whatsoever.

      4.2 The Renter agrees to pay us the rental rates plus all other charges and fees opted for or utilized by the Renter up and until the vehicle is returned, including but not limited to miscellaneous charges, location surcharges, tourism levy, call out fee, Claims Administration Fee, roadside assistance, Contract Fee, Traffic Fine Administration Fee, Rental Overdue Administration Fee, over the border charges, delivery fee, collection fee, fuel, toll fees, E-tag Fee, Additional driver(s) fee and/or all taxes due and payable on rental rates, other charges and fees. A Valet Fee will be levied on returned vehicles that require a valet cleaning. In determining the rental charges, the distance traveled by the vehicle (where required) shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by us in its sole discretion, on any other fair and reasonable basis and the Renter shall be obliged to provide all such information and assistance as we may require for that purpose. If the odometer has been tampered with the kilometers traveled will be deemed to be 700 kilometers per 12 (Twelve) consecutive hours.

      4.3 We reserve the right to work with other external agents, service providers and or associated entities, to receive and accept payments from the Renter. The renter agrees that such entities are acting on behalf of our payment gateways service providers only.

      4.4 The Renter shall be liable for all fines, penalties and similar expenses including but not limited to parking, traffic and other offenses, as a result of the use of the vehicle during the rental period and the Renter accordingly indemnifies us against all such liability.

      4.5 Regardless of insurance coverage, Renter shall fully indemnify us for any loss, damage, and legal actions, including reasonable attorneys fees that we suffers due to the renter’s use of Vehicle during the term of this Agreement, including but not limited to, damage to the Vehicle, damage to the vehicle and property of others, injury to renter, and injury to others.

      4.6 PSF Car Hire does not accept any liability for:
      4.6.1 personal injuries sustained during the rental;
      4.6.2 damage or loss of the renter’s personal property;
      4.6.3 property belonging to any other person which is carried or left in the vehicle
      4.6.4 damage or loss to the vehicle and property belonging to any other person.

      4.7 We shall be entitled, in our sole discretion, to allocate the holding deposit paid by the renter to any amount owing by the renter to us at any time for any reason whatsoever. By your signature to this agreement, you hereby authorize the allocation of any such deposit to any such amount outstanding.

      4.8 Provided the vehicle and extras are returned in the same state as rented, and if all terms and conditions of this rental agreement are adhered to by the renter the holding deposit will be refunded via EFT( Electronic Funds Transfer) 48 hours after the after the contract termination date.

      4.9 Fuel is not included in the rental rates. Vehicles are delivered with a full tank and the renter is responsible for the delivery of the vehicle to us with a full tank, upon return, alternatively, the renter will be responsible for the payment of the cost of refilling the vehicle upon its return. In addition, a fuel top-up levy of R150 will be charged on all vehicles that are not returned with a full tank.

      4.10 Vehicle keys and locks which are lost/damaged must be reported to us as soon as possible. The new key and lockset will be purchased from the Manufacturer by us and the cost of replacement and cost of fitting will be for the Renter’s account. If the key is locked inside the Vehicle, the costs of a reputable locksmith to retrieve the key will be for the Renter’s account.

      4.11 The onus is on the renter to ensure that all belongings are removed from the vehicle upon returning or handing over the vehicle, we are not liable for any belongings left in the vehicle by the renter.

    5. Availability of Vehicles

      5.1 All makes and models requested by the Renter are subject to the availability of vehicles within our fleet.

      5.2 We reserve the right to provide a similar or alternative make and/or model of vehicle to the Renter without prior notice. A similar or alternative vehicle will be provided at the same rate or less than the original rate, subject to the make and/or model of the vehicle.

      5.3 We reserve the right to work with other external suppliers and or associated entities, to source and provide a vehicle to the renter without informing who the vehicle supplier is. The renter agrees that such vehicle acquisitions are fully subject to the terms and conditions contained herein.

    6. Extension of Rental Period

      6.1 The Vehicle is hired to the Renter for the Rental Period, subject to the terms and conditions contained herein. In the event that the Renter wishes to extend the Rental Period, the Renter must request such extension at least 4 (Four Hours) before the expiry of the current rental period.

      6.2 Renter is entitled to orally extend the Rental Period.

      6.3 The extension will however only be valid if authorized and confirmed by us orally or in writing subject to the terms and conditions contained herein.

      6.4 Extensions authorized by PSF Car Hire are charged at the same daily rate as the original rental.

    7. The Renters Obligation in terms of this agreement

      7.1 The Renter must ensure the correct fuel type for the Vehicle is used when refueling a vehicle during the Rental Period.

      7.2 The Renter must ensure that the Vehicle is secured and protected at all times and is kept in a secure place when the Vehicle is not in use.The Renter must ensure that the alarm and any security devices are activated at all times and that all doors and windows are locked and/or secured. The Renter shall not cause or allow the Vehicle to be neglected, abused, damaged or modified in any way. The Renter must ensure that the Vehicle key is kept in safe custody at all times and in the Renters possession.

      7.3 The Renter must ensure that the Vehicle is driven on a public road at all times. We reserve its right in its sole discretion to restrict the use of the Vehicle in certain areas where there is a concern due to adverse road conditions, weather conditions and/or political unrest or any other condition.

      7.4 The Renter must not cause or permit the Vehicle to be driven unlawfully or illegally or to be used for any unlawful purpose or a purpose for which it was not designed, or in such a way to increase the risk of being damaged, lost or to be overloaded. The Renter must obey the rules of the road and local traffic regulations with specific reference to driving on the correct side of the road, adhering to traffic signals, lane changing and local speed limits.

      7.5 The Renter is not permitted to use the Vehicle outside of the borders of the Republic of South Africa unless prior written consent was obtained from us.

      7.6 The Renter is not allowed to hire or lend the Vehicle to anyone or permit the Vehicle to be in the possession or control of anyone other than the Renter or the Additional Driver as stated on the face of the Rental Agreement. In the event that the Renter has hired the vehicle for a period in excess of 30 (thirty days) plus days,the Renter shall return the Vehicle to us at our premises, every 30 (Thirty) days calculated from the commencement date, as stipulated on the face of the Rental Agreement, to conduct an inspection on the vehicle, alternatively at any time sooner at our request.

      7.7 The Renter shall not drive and/or permit any operator and/or Additional Driver to drive the Vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance.

      7.8 The Renter’s speed is regulated at a maximum of 60km per hour on gravel and or dirt roads. The Renter shall not exceed the speed limit of 120 km per hour on all national roads or as indicated by road signs.

      7.9 The Renter must, in the event of the Vehicle being involved in an accident or being stolen, report such incident to the local Police within 24 (Twenty-Four) hours and to us within 3 (Three) hours of becoming aware of the occurrence, irrespective of Third-Party involvement. Obtain the names and addresses of everyone involved and of possible witnesses, and details of other vehicles involved.The Renter must provide us with the relevant Police Accident Report and complete all prescribed documentation fully and truthfully. The Renter shall assist and cooperate with us in investigating and finalizing such an incident or any dispute that may arise from any such occurrence.

      7.10 The Renter shall not arrange or undertake any repairs or salvage without PSF Car Hire’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property, in which case the renter must promptly inform PSF Car Hire of such repairs or salvage.

    8. Renter’s Liability for Cleaning Charges

      8.1 If the vehicle is returned in an excessively dirty condition that, in PSF Car Hire’s reasonable view, requires extraordinary cleaning or de-odorising (including any professional cleaning or smoke extraction), the Renter is liable for the full cost of this cleaning or repair, a reasonable administrative fee reflecting the cost of making arrangements for cleaning or de-odorising and, if the Renter has breached the rental agreement, a per day loss of revenue fee based on the actual downtime of the vehicle. Such charges include but are not limited to cleaning of:
      8.1.1 spillage of fluids such as drinks, milk, oil, paint, etc.;
      8.1.2 perishable food;
      8.1.3 removal of hair, stains and odors due to animals in the vehicle;
      8.1.4 fish and associated smells;
      8.1.5 Vomit;
      8.1.6 cigarette/cigar smoke smells.

    9. Renter’s Payment Liability

      The Renter agree to pay us, immediately, upon demand:

      9.1 the vehicle rental rates as set out in the Rental Agreement and/or in terms of our official rates, whichever may be applicable;

      9.2 fuel is not included in the rental rates. Vehicles are delivered with a full tank and the renter is responsible for the delivery of the vehicle to us with a full tank, upon return, alternatively, the renter will be responsible for the payment of the cost of refilling the vehicle upon its return. In addition, renter will be responsible for paying to us the fuel top-up levy as per 4.9 above;

      9.3 all traffic fines administration fees (as per clause 4.2 above), e-toll surcharges/admin fees per toll transaction, rental admin fees, taxes, charges, stamp duties, levies, legal costs and tolls payable by us to any third party arising out of your use of the vehicle;

      9.4 all and any costs (including but not limited to) towing charges, losses or damages and charges incurred by us in procuring the return of the vehicle to us as per clause 2.3 above;

      9.5 in the event that the vehicle is not returned on the return date, all amounts that would have been payable by you in terms of this agreement if the rental period had been validly extended to the actual date of return of the vehicle to us;

      9.6 all costs incurred by us in repairing any damage of any nature whatsoever to the vehicle and any loss or damages suffered by us as a result of theft, fire, abuse of the vehicle and/or negligent/reckless driving or any other cause whatsoever;

      9.7 any administration fee after an accident, including any assessor’s fee, traffic offense, toll handling fee that might be levied by us;

      9.8 any amount for which you are liable in respect of loss or damage following an accident irrespective of by whom the accident was caused and who was negligent in respect of the collision or loss

    10. Third – Party Liability

      10.1 The Renter agrees and confirms that, irrespective of whoever is the cause of any collision, loss and/or damages, no third-party cover whatsoever will be provided by us

      10.2 Any claim for damages by a third party received by us will be redirected to the Renter.

    11. Force Majeure

      11.1 We shall not be liable to the Renter for its failure to perform nor any delay in performing any obligation in terms of the Rental Agreement in the event and to the extent that such failure or delay is caused by force majeure, which includes, but is not limited to acts of God, legislation, insurrection, sanctions, trade embargo or any economic or other cause.

    12. Consent Regarding the Process of Personal Information

      By signing the Rental Agreement, the Renter consents to –

      12.1 the processing and further processing of his personal information by US or any of its operators or agents on the condition that they will secure the integrity and confidentiality of the Renter’s personal information. The Renter further accepts that processing may involve the information being transferred to and maintained or stored on servers located outside the Republic of South Africa;

      12.2 the collection of information by us from any other source to confirm and supplement the personal information which we have about the Renter;

      12.3 the retention of records of the Renter’s personal information for as long as permitted for legal, regulatory, fraud prevention, financial crime and marketing purposes;

      12.4 Us to make use of the Renter’s personal information provided to us for purposes of tracking and recovering (which includes triangulation of cellular phones in accordance to the RICA Act 70 of 2002) in the event that the Vehicle if it is not returned to us at the end of the Rental Period;

      12.5 us, our operators and/or agents, tracking the Vehicle for purposes of monitoring the Renter’s use of the Vehicle and recovering the Vehicle and disclosing the tracking report to its insurance we, the Renter’s employer (if the employer is responsible for payment) and any other third party having a legitimate interest;

      12.6 us disclosing the Renter’s personal information to our agents, the relevant traffic department or government institution for purposes of the redirection, collection or administration of any traffic fines or infringements concerning the use of the Vehicle during the Rental Period;

      12.7 us to disclose all necessary and relevant information in respect of the Renter to SANRAL or their agents for the recovery by them of any e-toll transaction in respect of the use of the Vehicle.

    13. General

      13.1 This document contains the entire agreement between the Renter and us , and we shall not be bound by any undertakings, representations, warranties, promises, or the like not recorded herein. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.

      13.2 No variation, alteration, addition to and/or omission from this agreement shall be valid/binding unless done in writing and signed by all parties.

      13.3 By acceptance of these terms and conditions, the Renter permits us to cede any of its rights in terms of this agreement to any party including but not limited to a service provider, legal representative or debt collector who is appointed for the purposes of enforcing the renter(s) rights in terms of this agreement.

      13.4 The Renter chooses the address stated on the face of the Rental Agreement as a registered/legal address. Our official/legal address is Unit 408, 19 The High Street, Umhlanga Ridge Boulevard, KwaZulu-Natal, Republic of South Africa, 4319.

      13.5 The parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act 32 of 1944, notwithstanding the subject matter or cause of action involved, or in the event that the claim may exceed the jurisdiction of the Magistrate’s court.

      13.6 This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa.

      13.7 A certificate signed by any director, manager or other senior employee of the we shall be legal proof of any amount owing by the Renter to us.

      13.8 The Renter may not withhold the return of the Vehicle to us for any reason whatsoever, and any delay in returning the Vehicle shall be deemed to be an extension of the Rental Period, and the Renter will be liable for any and all charges levied in respect of such extension.

      13.9 By virtue of the Renter’s signature on the Rental Agreement, he/she accepts liability for all amounts that may become due and owing by the Renter to us arising from the Rental Agreement.

      13.10 The Renter hereby consents and authorizes us or our nominated representative to undertake any enquiry that we deems fit about the Renters credit and or criminal record with any credit bureau, credit agency and/ or other third parties to confirm details of the Renter as and when the need arises.

      The Renter further permits us to report payment default(s) in terms of this agreement to any credit bureau in conformance with the National Credit Act 34 of 2005. We will not accept liability for any losses incurred as a result of such adverse listing.