Legal
STANDARD TERMS AND CONDITIONS OF RENTAL
1. DEFINITIONS AND INTERPRETATION
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In this Agreement, unless the context indicates otherwise:
1.1. “Additional Driver(s)” means such person who, in addition to the Driver, is reflected on the Rental Agreement as being duly authorised by the Company and the Driver to drive the Vehicle.
1.2. “Auto Dealers Guide” means Mead & McGrouther’s publication containing, inter alia, recommended selling prices of motor vehicles.
1.3. “Claims Administration Fee” means the administration fee reflected on the Rental Agreement, charged in all instances where a claim needs to be processed in respect of any damage whatsoever, loss of or to, or theft of the Vehicle.
1.4. “Company” means MobeeScoot (Pty) Ltd. (Registration number: 2021/389494/07), trading as Mischief Sports Car Hire.
1.5. “Contract Fee” means a once-off charge per rental to cater for, inter alia, the conclusion of the relevant agreements and storage fees of original documents reflected on the Rental Agreement.
1.6. “Damages” (in relation to the Vehicle) means the actual gross expenditure in towing, transporting, and storing the Vehicle; appointing and remunerating an expert appointed by the Company to inspect the Vehicle and prepare a report of the extent of the damage; and if the Vehicle is capable of being repaired, any and all costs incurred in repairing the Vehicle (including tyre and rim damage), replacing parts or accessories (without allowing for depreciation), and any other ancillary and unforeseen costs required to restore the Vehicle to the state it was in prior to the damage. An invoice, job cards, or quotations produced by the Company shall be conclusive proof of such expenditure. Damages also include a total loss when applicable, in the event the Vehicle is determined to be uneconomical to repair, as well as any additional administration fees outside of the standard Claims Administration Fee.
1.7. “Damage Deposit” means a deposit paid either in cash, via EFT, or by credit card (payment or pre-authorisation), payable by the Renter to the Company prior to or on collection of the rented Vehicle. No Vehicle will be released without payment of the Damage Deposit.
1.8. “Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the Rental Agreement.
“Liability” includes the amounts reflected in the Rental Agreement, or on the rates information brochure, pertaining to the non-waiverable amount chargeable in the event of damage, loss, and/or theft.
1.9. “Driver” means the person(s) who is/are reflected on the Rental Agreement as being duly authorised by the Company to drive the Vehicle.
1.10. “Extended Period” means any extension of the Rental Period beyond the agreed return date reflected on the Rental Agreement, authorised by the Company and subject at all times to the availability of the Vehicle.
1.11. “Official Rates Brochure” means the Company’s then current official brochure on rental rates and general information, issued from time to time. The Company reserves the right to amend such rates at any time prior to the conclusion of the Rental Agreement, notwithstanding that the rates may be higher than the then-current official brochure rates.
1.12. “Parties” means collectively the Company and the Renter and/or Driver(s), and “Party” shall mean either of them individually as the context may indicate.
1.13. “Rental Agreement” means the agreement issued by the Company to the Renter, signed by the Renter, and which shall have the effect of a legally binding agreement between the Parties, and includes these standard terms and conditions.
1.14. “Rental Period” means the period between the date the keys of the Vehicle are handed to the Renter and the termination date and time specified on the Rental Agreement. This includes the date the Vehicle is returned to the Company’s premises and the keys are handed back, or if there is an Extended Period, the date and time entered on the Company’s records.
1.15. “Renter” means all persons, natural or juristic, jointly and severally, the one paying the other to be absolved, and without limitation on liability, whose names appear on the Rental Agreement.
1.16. “Renting Location” means the Company’s location from which the Vehicle is rented by the Renter, at the sole discretion of the Company. The Renting Location may differ from the collection and return location. If there is any change during the Rental Agreement term, the Renter will be notified in advance and required to comply with the Company’s instructions.
1.17. “Signature Date” means the date of signing of the Rental Agreement and these terms and conditions by the Party signing last in time.
1.18. “Vehicle” means the vehicle described in the Rental Agreement, including but not limited to all keys, tyres, tools, equipment, accessories, and documents in and on the Vehicle when the Renter takes delivery. It also includes any authorised replacement Vehicle, at the sole discretion of the Company.
1.19. “Traffic Fine Administration Fee” means an amount levied by the Company, as determined from time to time, to administer any traffic fine(s) incurred by the Renter whilst renting the Vehicle.
1.20. “Total Loss” (in relation to a Vehicle) means:
1.20.1. Damages (as defined in 1.6) where the estimated repair costs render the Vehicle uneconomical to repair, in the Company’s sole discretion, relative to its value and condition; or
1.20.2. When the Vehicle is stolen and/or lost. The amount of the total loss will be the retail value as reflected in the Auto Dealers Guide, or if not reflected, the new list price from the manufacturer as at the date of loss, less any salvage.
1.21. “Traffic Fines” means any and all fines and violations incurred by the Renter, payable within 48 hours of receipt. The Renter shall also be liable for costs associated with recovery of the Vehicle from impoundment, as well as all legal costs incurred.
1.22. “Waiver” means a reduction of the Renter’s liability in the event of an accident, theft, or loss of the Vehicle.
1.23 – 1.31. (General interpretation rules about singular/plural, gender, statutory references, business days, agreements, substantive provisions in definitions, contra proferentum rule, use of “including”, successors/assigns, and cross-references — retained as drafted but corrected for grammar and numbering consistency.)
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2. RENTAL OF VEHICLE
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2.1. The Company rents the Vehicle to the Renter, who hires the Vehicle for the Rental Period, at the rental rates detailed in the Rental Agreement, which may include items such as miscellaneous charges, additional charges, airport surcharges, one-way fees, delivery/collection fees, claims administration fees, contract fees, tourism levies, traffic fine administration fees, and fuel costs.
2.2. The Renter shall return the Vehicle at the expiry of the Rental Period, in the same condition as received, fair wear and tear excepted, and at the agreed location or such other place as agreed in writing with the Company.
2.3. The Company reserves the right to repossess the Vehicle at the Renter’s cost and without notice if:
2.3.1. The Renter breaches any provision of the Rental Agreement;
2.3.2. The Renter fails to return the Vehicle on the due date and time; or
2.3.3. The Company has reasonable grounds to believe the Vehicle is being used in contravention of the law or in a manner prejudicial to the Company.
2.4. Any extension of the Rental Period is subject to the Company’s approval and availability of the Vehicle. The Company is not obliged to agree to any extension.
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3. DELIVERY & RETURN
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3.1. The Renter shall inspect the Vehicle upon delivery and confirm that it is in good order and roadworthy.
3.2. Any damage, defects, or missing accessories must be recorded on the Vehicle Condition Report at the start of the rental.
3.3. The Vehicle must be returned:
3.3.1. In the same condition, subject to fair wear and tear;
3.3.2. To the agreed location and at the agreed time;
3.3.3. With a full tank of fuel, unless otherwise agreed (fuel will be charged if not refilled).
3.4. Failure to return the Vehicle on time will result in additional charges.
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4. USE OF VEHICLE
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4.1. The Vehicle may only be driven by the Renter and any additional drivers authorised in writing by the Company.
4.2. The Vehicle may not be used:
4.2.1. For carrying passengers for hire or reward;
4.2.2. For towing or pushing any other vehicle;
4.2.3. Off-road, or on unpaved roads not suitable for the Vehicle;
4.2.4. In contravention of traffic laws or any other laws;
4.2.5. By any person under the influence of alcohol, drugs, or medication affecting driving ability.
4.3. The Renter shall take all reasonable steps to properly secure and safeguard the Vehicle when not in use.
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5. DRIVER REQUIREMENTS
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5.1. Drivers must hold a valid, unendorsed driver’s licence for at least 2 years.
5.2. The minimum driver age is 23 years, unless otherwise agreed in writing.
5.3. The driver must comply with all road traffic laws at all times.
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6. RENTAL CHARGES & PAYMENT
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6.1. The Renter shall pay to the Company all amounts specified in the Rental Agreement, including but not limited to:
6.1.1. Daily rental charges;
6.1.2. Additional driver fees;
6.1.3. Insurance waivers and deposits;
6.1.4. Fuel and refuelling charges;
6.1.5. Traffic fine administration fees;
6.1.6. Damage or repair costs not covered by insurance.
6.2. Payment is due on commencement of the Rental Period unless otherwise agreed.
6.3. The Renter authorises the Company to debit their credit card for all charges due, including additional costs discovered after return (e.g. fines, damages, fuel).
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7. INSURANCE & LIABILITY
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7.1. Insurance cover is provided subject to the Renter’s compliance with the Agreement and payment of the applicable waiver.
7.2. Insurance shall not apply where damage arises from:
7.2.1. Negligence, reckless driving, or unlawful use of the Vehicle;
7.2.2. Driving under the influence of alcohol or drugs;
7.2.3. Use of the Vehicle by an unauthorised driver;
7.2.4. Use of the Vehicle outside the borders of South Africa without prior written consent.
7.3. The Renter is liable for:
7.3.1. The insurance excess as stated in the Rental Agreement;
7.3.2. Any loss or damage excluded from insurance cover;
7.3.3. All towing and storage charges where applicable.
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8. TRAFFIC FINES & PENALTIES
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8.1. The Renter is liable for all traffic fines, toll fees, and penalties incurred during the Rental Period.
8.2. An administration fee will be charged per fine.
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9. BREAKDOWNS & ACCIDENTS
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9.1. In the event of a breakdown, the Renter must immediately notify the Company and follow its instructions.
9.2. In the event of an accident:
9.2.1. The Renter must not admit liability;
9.2.2. Report the incident to the police within 24 hours;
9.2.3. Obtain the names and details of third parties and witnesses;
9.2.4. Complete and return the Company’s accident report form within 24 hours.
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10. CROSS-BORDER USE
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10.1. The Vehicle may not be taken outside South Africa without the Company’s prior written consent.
10.2. Where cross-border use is authorised, additional documentation, insurance, and fees may apply.
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11. TERMINATION
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11.1. The Company may terminate the Agreement immediately and repossess the Vehicle if:
11.1.1. The Renter breaches any provision of the Agreement;
11.1.2. The Vehicle is abused, neglected, or misused;
11.1.3. The Renter fails to make due payment.
11.2. Termination does not affect the Company’s right to claim outstanding amounts or damages.
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12. INDEMNITY
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12.1. The Renter indemnifies and holds the Company harmless against any loss, liability, damage, or claim arising out of the use of the Vehicle, save where caused by the Company’s gross negligence or wilful misconduct.
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13. DATA PROTECTION
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13.1. The Company may collect and process the Renter’s personal information for purposes of fulfilling this Agreement, complying with law, and recovering payments due.
13.2. Personal information will be stored securely and only disclosed as required by law or to enforce the Agreement.
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14. GENERAL
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14.1. This Agreement constitutes the entire agreement between the parties.
14.2. No variation shall be valid unless in writing and signed by both parties.
14.3. South African law governs this Agreement, and the parties consent to the jurisdiction of the courts of South Africa.
14.4. If any provision is found to be invalid, the remainder shall remain enforceable.
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