Terms & Conditions

  1. DEFINITIONS AND INTERPRETATION
    1. In this agreement, the words hereunder shall bear the meanings assigned thereto, unless the contrary
      appears clearly from the context:

      1. “Additional driver” means the person who, in addition to the driver, is reflected on the Rental Agreement as being duly authorised by the Company to drive the vehicle;
      2. “Auto Dealers Guide” means the prevailing Auto Dealers Guide publication containing, amongst other information, the recommended selling prices of motor vehicles;
      3. “Claims Administration Fee” means an administration fee charged in all instances where a claim needs to be processed in respect of any damages whatsoever, loss of or theft of the vehicle, as reflected in the note to the Rental Agreement;
      4. “Damage Waiver” means that, provided the waiver is purchased before commencement of the Rental Agreement, the Company will reduce the liability of the Renter, to the liability amount reflected on the Rental Agreement, in respect of damage to the vehicle, save in respect of the circumstances set out in clause 8.8;
      5. “Company” means Apex Vehicle Rental (Pty) Ltd;
      6. “Contract Fee” means a once-off charge per rental which is used to cover various expenses including storage fees of original documents reflected in the Rental Agreement;
      7. “Damage(s)” (in relation to the vehicle and/or Third Party Damage) means the actual costs, including but not limited to towing, transporting and storing the vehicle, repairing any damage (including tyre and rim damage), replacing parts or accessories (without allowing for depreciation), paying an expert to inspect collision damage and report thereon, and reimbursing such expert (an invoice, job card or quotation produced by the company will be seen as proof of any such expenditure) or any other charges incurred related to an incident of whatsoever nature, and includes a total loss when applicable;
      8. “Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the Rental Agreement;
      9. “Driver” means such person who is reflected on the Rental Agreement as being authorised by the Company to drive the vehicle including any Additional driver;
      10. “Extended Period” means an extension to the rental period, which will come into effect should the vehicle not be returned to the Company for any reason whatsoever, on the return date or time reflected on the Rental Agreement and/or any extension authorised by the Company;
      11. “Fuel Costs” means the costs incurred to refuel the vehicle to a full tank when the vehicle is returned by the client (company depot to depot);
      12. “Liability” means and includes the amounts reflected in the Rental Agreement relating to the amounts due and payable (non-waiverable amount) in the event of damage, loss and/or theft per incident;
      13. “Limited Liability Amount” means the reduced amount payable by the Renter in the event of loss or damage to a vehicle to which a waiver(s) apply;
      14. “Rates” means the rates payable by the Renter for the rental of a vehicle in terms of this Rental Agreement;
      15. “Rental Agreement” means the entire Rental Agreement issued by the Company to the Renter including the damage report form and these standard terms and conditions. Once the Renter has signed the Rental Agreement it will have the effect of a legal binding agreement between the parties;
      16. “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;
      17. “Theft Protection Waiver” means that, provided the waiver is purchased before commencement of the Rental, the Company will reduce the liability of the Renter, to the liability amount reflected on the Rental Agreement, in the event of the theft of the vehicle, save in respect of the circumstances set out in clause 8.8;
      18. “The 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 on the Rental Agreement or if such period is extended, the time and date entered on the Company’s records;
      19. “The Renter” means all persons whose names appear on the Rental Agreement as either a Renter, Driver or Additional Driver and who have produced a valid driver’s license to the satisfaction of the Company’s rental agent and if required, their identity document or passport;
      20. “The renting location” means the Company’s premises from which the vehicle is rented by the Renter
      21. alternatively, any location agreed upon by the Company;
      22. “Third Party Damage” means any claims made by a third party in respect of Damages or loss that the Renter has actually or is alleged to have caused to the property or vehicle of a third party;
      23. “The vehicle” means the vehicle described in the Rental Agreement, including but not limited to, Vehicle Rental Extras, 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 authorised or approved by the Renter;
      24. “The total loss” (in relation to a vehicle) means –

        (a) Damages (see clause 1.1.6.) where the estimated costs of repairs is such that the vehicle is in the sole and absolute discretion of the Company uneconomical to repair; or

        (b) 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 (Clause 1.1.2) or if not reflected therein, the price of a new vehicle, as supplied by the manufacturer, as at the date of loss, less any salvage.

      25. “Traffic Fine Administration Fee” means an amount levied by the Company as determined by it to administer any traffic fine(s) incurred by the Renter whilst renting the vehicle as set out in the note to the Rental Agreement;
      26. “Super Waiver” means that, provided the waiver is purchased before commencement of the Rental, the Company will further reduce the liability of the Renter, to the liability amount reflected on the Rental Agreement, in respect of the Damage Waiver or Theft Protection Waiver, save in respect of the circumstances set out in clause 8.8;
      27. “Vehicle Rental Extras” means optional products or services available in addition to the rental of the vehicle, including but not limited to, Fuel Up-Front, Extended Roadside Assistance, Mobile Wi-Fi, SafeDrive Sensor, Baby Seat and GPS devices.
      28. “Waiver” means the agreement between the Company and the Renter in terms of which the Company agrees to abandon its right to claim the total amount of damages from the Renter in exchange for an upfront fee. In the event of an accident/theft and/or loss of a vehicle to which a waiver applies, the Renter’s liability is reduced to the Limited Liability Amount (or to the total amount of damages if that is less than the limited liability amount.
    2. The singular shall include the plural and vice versa, pronouns of any gender shall include those of the other gender and natural persons shall include legal and juristic persons and vice versa.
    3. If a provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only stated in the definition clause, effect shall be given to it as if it was a substantive provision in the body of the Terms and Conditions.
  2. RENTAL AND DELIVERY OF THE VEHICLE
    1. The parties agree that the Company rents the vehicle to the Renter, who hires the vehicle on the terms and conditions contained herein. The Renter agrees to be bound by these terms and conditions, irrespective of whether he/she was driving the vehicle or not.
    2. Delivery of the vehicle takes place at the time the Renter or his representative takes possession of the keys and/or vehicle at the renting location, alternatively any other place stipulated in the Rental Agreement.
    3. The vehicle shall be deemed to have been delivered in good order and repair (fair wear and tear excluded) and without any damage (including but not limited to the paintwork, upholstery, tyres, windshields, side glass, lights and accessories) unless such damage is recorded in writing. In the event that no damage is recorded in writing at the time of delivery of the vehicle (fair wear and tear excluded) it will be accepted that the vehicle was delivered to the Renter without any damages and any damage recorded at the time of return of the vehicle will be for the account of the Renter.
    4. All Vehicle Rental Extras shall be deemed to be in good working order unless otherwise advised by the Renter at either the rental counter or within 24 hours of receipt.
  3. TERM OF THE RENTAL AGREEMENT
    1. This Rental Agreement commences on the commencement date as indicated on the Rental Agreement and will continue until the return date, unless terminated early in accordance with the provisions of the Rental Agreement.
    2. The Renter acknowledges and agrees that: (1) the return date as set out in the Rental Agreement is the expiry date of this Rental Agreement and (2) this Agreement will not automatically continue after the return date.
    3. The Renter may request an extension of the rental period by giving the Company at least 24 hours written notice prior to the return date. The rental period shall only be extended on acceptance by the Company in writing of the proposed extended period by the Renter, and will be subject to the terms and conditions of the Rental Agreement.
    4. The Renter may cancel the Rental Agreement before the return date by returning the vehicle to the Company. The Renter will be liable to pay the Company: (1) all amounts which the Renter owes to the Company under the Rental Agreement at that time, which includes the usual rates and charges applicable to the period for which the vehicle was actually rented and/or kilometers actually travelled and (2) the rates and charges as if the full rental period occurred, at the sole discretion of the Company.
  4. USE OF THE VEHICLE

    1. The vehicle may only be used for the rental period, as stated in the Rental Agreement, or any extended period agreed upon between the parties.
    2. The vehicle may only be driven by the Renter.
    3. The Renter shall make adequate provision for the safety and security of the vehicle when the vehicle is not in use, in that the vehicle shall (including but not limited to the following) be kept properly locked, secured and immobilized and have the alarm (if any) activated. The Renter shall furthermore ensure that the keys to the ignition of the vehicle are, at all times, in possession of the Renter.
    4. The Renter may not use the vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the rental period or any extended period. In the event that the Renter uses the vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the rental period or any extended period, any waiver option the Renter may have taken out shall become null and void.
    5. Whilst the Renter is in possession of the vehicle, it may not be used: (1) for carrying fare paying passengers; (2) for racing, pace making, speed trials or any other sporting competitions; (3) for the carrying, keeping or concealing of any goods, materials or substances in violation of any customs laws; (4) for any illegal purpose; (5) for carrying corrosive, radioactive, inflammable, explosive or any other harmful substances; (6) to propel or tow any other vehicle (including any caravan or trailer), unless the Company agrees thereto in writing; (7) outside of South Africa unless the Company agrees thereto in writing; (8) in any area where there is or may be a risk of or incidents of civil unrest, political disturbance or riot or any activity associated with any of the mentioned.
    6. The Renter shall take all reasonable steps to ensure that the vehicle remains in good and safe working order, including regularly checking the oil, water and tyre pressure, immediately ceasing use of the vehicle in the event the vehicle is damaged or the electronic diagnostics of the vehicle indicate the presence of a fault or problem or service needed in relation to the vehicle.
    7. The Company will at all times remain the owner of the vehicle.
  5. RETURN OF THE VEHICLE
    1. The Renter shall return the vehicle at its expense to the Company on the agreed return date, time and renting location as reflected on the Rental Agreement.
    2. Failure to return the vehicle in terms of the Rental Agreement will constitute unlawful possession of the vehicle by the Renter and the Company may take such steps as it deems necessary to repossess the vehicle wherever it may be located and from whomever has possession thereof and the costs incurred in doing so (including additional rental days), will be for the account of the Renter.
    3. The vehicle shall be returned in the same condition as it was on delivery, fear wear and tear excepted.
    4. When the vehicle is returned, the Renter shall: (1) park the vehicle in the reserved parking bay at the renting location; (2) ensure that the vehicle is properly locked and secured; (3) hand the keys to a representative of the Company or leave the keys at such other place as provided for at the renting location.
    5. Until such time as the Company has recorded the return of the vehicle, the Renter will bear all risk relating to the rental and the vehicle. Notwithstanding clause 5.4 above, until such time as the Company has recorded the return of the vehicle, conducted a post-rental inspection thereof and signed same, the Renter will bear all risk relating to the rental and the vehicle.
  6. RENTAL RATES AND CHARGES
    1. The Renter agrees to pay the Company the rates plus all other charges and fees payable by the Renter as contemplated in the Rental Agreement for the duration of the rental period or extended period, 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, one way fee, over the border charges, delivery fee, collection fee, Damage Waiver Fee (CDW), Theft Loss Waiver Fee (TLW), Windscreen and Tyre Damage Waiver (WTDW), fuel, toll fees, Additional driver(s) fee and/or all taxes due and payable on rental rates, other charges and fees. Valet Fee levied on vehicles returned that require a valet cleaning.
    2. The Renter agrees to pay all fines, penalties, toll tariffs and like expenses arising out of or concerning the use of the vehicle whilst the vehicle is at the risk of the Renter.
    3. Rates, charges and fees will be calculated for the whole of the period during which the vehicle is at the risk of the Renter at the rates and on the basis set out in the Rental Agreement, including all taxes levied on any amount payable by the Renter.
    4. In determining rates applicable to the rental distance travelled by the vehicle shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by the Company in its reasonable discretion and the Renter shall be obliged to furnish all such information and assistance as the Company may reasonably require for that purpose. If the odometer has been tampered with, then the Renter shall be deemed to have travelled at least 500 km per day, or such additional mileage as the Company may in its reasonable assessment determine.
    5. In the event that the Renter returns the vehicle to a renting location other than that designated in the Rental Agreement, then and in such event, the Renter shall be liable for such additional charges to be calculated having regard to the distance travelled and fuel consumed to return the vehicle to the designated renting location.
  7. Payment
    1. All amount payable to the Company are due and payable on demand, but at the latest on the expiry of the rental period (unless otherwise agreed to in writing by the Company). All amounts payable by the Renter are to be paid in the currency of the Republic of South Africa.
    2. Save in the event that the Renter has a valid account with the Company or the Company requires all or any charges to be prepaid in advance, all charges payable by the Renter shall be paid by credit card or in cash on the termination of the rental period.
    3. If the Company has agreed to accept payment from the Renter by the credit card or debit card specified in the Rental Agreement, the Renter’s signature of the Rental Agreement will constitute irrevocable authority: (1) for the Company to obtain authorisation and/or payment; (2) to debit the applicable card with the total amount due to the Company including any damages and/or loss suffered by the Company for which the Renter is liable under this Rental Agreement.
    4. The Company shall be entitled to levy interest on all overdue amounts (i.e. amounts not paid on the due date) at the applicable prescribed legal rate or prime plus 3% as charged by Investec Bank Limited, whichever is the higher. Interest shall be calculated from the day upon which such amount becomes due until the date of payment, both days inclusive, and shall be calculated on a compounded basis on the amount owing at the end of each month.
    5. A certificate of any Director, Manager or Accountant of the Company, whose capacity need not be proved, as to any amount owed by the Renter to the Company shall constitute prima facie proof of the amount due.
  8. RENTER’S RISKS AND LIABILITIES
    1. The vehicle is at the sole risk of the Renter (fair wear and tear excepted) from the moment the key for the vehicle is handed to the Renter until such time as the Company has recorded the return of the vehicle in terms of clause 5.
    2. The Renter shall be liable for any Damages and/or total loss sustained to the vehicle any howsoever the damage and/or loss is caused and whether or not it is attributable to his fault or negligence (including but not limited to hail damage). The above liability may be reduced by the Renter by choosing to buy one or more of the company’s non-compulsory Damage or Theft Loss Waiver products (“option”) which are subject to the terms stated below. The acceptance or decline of the options referred to, are contracted for and indicated on the Rental Agreement.
    3. If any of the Company’s Waivers are selected, the Renter’s liability will, in respect of the Company’s loss or damage, be limited to the amount indicated on the face of the Rental Agreement in respect of each and every incident, provided that there was no breach of the terms and conditions of this Rental Agreement.
    4. Should the Renter decline any of the Company’s Waivers and/or is in breach of the terms and conditions of this Rental Agreement the Renter will be liable for the cost of the Company’s loss or damage.
    5. The Renter shall be liable for the first R15 000 (fifteen thousand Rand) of Third Party Damage, where after the Company will settle the difference, up to a maximum of R6m (six million Rand). Liability for any amount in excess of R6m will rest on the Renter.
    6. The Company may charge the Renter either the actual amount of the loss or damage suffered, or any reasonable amount, in its sole discretion, if the loss or damage has occurred in a situation where no physical contact is made with another vehicle or animal or object or person (in or on the road surface used) irrespective if waivers were opted for.
    7. If the vehicle is damaged, stolen or lost in a situation where there was a breach of any of the terms and conditions of this agreement, the Renter will be liable for the total loss and/or damage suffered by the Company irrespective if Waivers were opted for.
    8. Standard, Super and/or Maximum Collision Damage and/or Theft Loss Waiver do not cover;
      1. Any damage to tyres, rims, hub caps and glass (unless the WTDW was accepted, in which case the liability is reduced to zero);
      2. Damage to undercarriage;
      3. Damage caused by water;
      4. Damage and/or total loss due to Renter and/or Driver negligence;
      5. Damage and/or total loss sustained whilst the Renter and/or Driver is in breach of any applicable laws or ordinances (including speeding);
      6. Damage and/or total loss sustained where incidents are not reported as contemplated in clause 12;
      7. Damage and/or total loss sustained where the incident takes place outside the country in which the vehicle was rented unless prior written authority for the vehicle to be taken outside such country has been obtained;
      8. Damage and/or total loss sustained if at any time the vehicle is driven by an unauthorised driver;
      9. Damage and/or total loss sustained where the vehicle has been driven or used in a manner which prejudices the Company’s interests or rights therein and/or as prohibited in clause 4, in the sole discretion of the Company;
      10. Damage and/or total loss sustained where the Driver was not holding a valid unendorsed driver’s >license at the time the damage or loss was sustained;
      11. Damage and/or total loss sustained where an extension of the Rental Agreement is not authorised by the Company and where the rental period has expired;
      12. Damage and/or total loss caused as a result of the vehicle being driven on a road that was not suitable for that vehicle as determined in the sole but reasonable discretion of the Company;
      13. The vehicle (at the time of damage or total loss) was being driven by any person whose blood alcohol concentration exceeded the limit permitted by any law or regulation or whilst under the influence of intoxicating liquor, narcotic drugs or similar substances.
    9. The Renter is liable for all fines and/or penalties incurred during the rental period and hereby authorise the Company to disclose any information required by a relevant authority to process it.
    10. Notwithstanding anything in this agreement, the Company shall not be obliged to make, institute or proceed with any claim which the Company may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the vehicle and accordingly, the Company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
      Renter’s Risks and Liabilities
    11. “The Renter shall be solely responsible for all fines and penalties incurred in terms of the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act 46 of 1998), as amended, including all Regulations published and promulgated in terms thereof from time to time (“AARTO”) in respect of the vehicle, including any demerit points associated with any traffic offence alleged to have been committed by the driver of the vehicle. Where a fine is directed to the Company in respect of any offence under AARTO, the Company shall redirect such fine to the Renter, who shall bear sole responsibility for the settlement thereof. In the event that the Renter disputes the commission of the offence or his/her liability in respect thereof and/or denies that he/she was driving the vehicle at the time of the alleged commission of the offence, it shall be the responsibility of the Renter to redirect the fine to the person who the Renter believes was responsible for the commission of the offence.
      The Renter indemnifies the Company against all losses, costs and penalties which the Company may suffer arising from any offence committed in terms of AARTO by any driver of the vehicle during the period of the rental.”
  9. WAIVER
    It is specifically recorded that:

    1. the Company does not act as agent in procuring the waiver;
    2. the Company gives no advice and makes no recommendations regarding the appropriateness or otherwise of any waiver;
    3. the waiver is not to be regarded as insurance for purposes of the Short Term Insurance Act No 53 of 1998, nor as a financial product for purposes of the Financial Advisory and Intermediary Services Act No 37 of 2002;
    4. the Renter must obtain its own professional advice regarding the waivers;
    5. in the event that the Renter has purchased a waiver, the liability of the Renter in terms of the Rental Agreement shall be limited to the extent and manner provided for in clause 8 above with regard to such waiver;
    6. if the Renter purchases a waiver as indicated in the Rental Agreement, his acceptance shall constitute an acceptance of the benefit of such waiver and other accompanying arrangements, if any, but subject to all the terms and conditions of that waiver. The Renter acknowledges that the Company shall not under any circumstances have any liability to him under or for any of the benefits under that waiver.
  10. THIRD PARTY LIABILITY COVER
    The Company records that it does not provide Third Party Liability Cover. It is the responsibility of each Renter to self-insure themselves in respect of Third-Party Liability Cover.
  11. THE RENTER/DRIVER/ADDITIONAL DRIVER

    1. The vehicle will not at any time during the rental period be drive by any person who is not authorised to drive the vehicle in terms of the Rental Agreement.
    2. The Renter, driver and/or additional driver shall be at least 18 years old and will have a valid, unendorsed, license to drive the vehicle.
    3. Notwithstanding clause 11.2 above, the Company reserves the right to charge a young driver surcharge in the event of the Renter, driver and/or additional driver being less than the age of 23.
    4. The Renter, driver and/or additional driver will at all times comply with all applicable rules, the provisions of this Rental Agreement and warrants that the vehicle will never be driven by any person whose blood alcohol concentration exceeds the permitted legal limit or be under the influence of a narcotic drug, intoxicating liquor or similar substance.
  12. PROCEDURE IN THE EVENT OF AN INCIDENT INVOLVING THE VEHICLE

    1. If at any time the vehicle is damaged, stolen, or lost, the Renter and/or Driver shall take every reasonable precaution to safeguard the interest of the Company including but not limited to, the following where appropriate:
      1. He shall notify the Company immediately or within 3 hours of becoming aware of the occurrence and by no later than when the vehicle is returned complete and furnish to the Company, the Company’s Damage/Incident Report form, available at the rental location, together with a copy of his driver’s license;
      2. He shall obtain the name(s) and addresses of everyone involved and of possible witnesses;
      3. He shall not admit any responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability;
      4. He shall notify the police within twenty-four hours of the occurrence in question and furnish the Company with an incident case number within such 24 hour period;
      5. He shall make reasonable provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances;
      6. He shall co-operate with the Company and its insurer in the investigation, the making or instituting of any claim or action and the defense of any prosecution, claim or action relating to the incident (including the making of an affidavit if he is requested to do so).
    2. If the Renter is not the Driver, then, without in any way reducing the Renter’s obligation in terms of clause 13, the Renter shall ensure that the Driver complies with the provision of 13.1 and the Renter warrants that the Driver will do so.
    3. The Renter shall within 24 hours of receipt thereof furnish to the Company (and if the Renter is not the Driver, the Renter shall also ensure that the Driver does) any notice of claim, demand, summons or the like which the Renter or the Driver may receive in connection with the vehicle.
    4. The Renter and/or Driver warrants that the information completed in the Company’s Damage/Incident Report form as referred to in 13.1.1 will be complete, true and correct in every respect.
  13. INDEMNITY OF THE COMPANY BY RENTER

    1. The Company will not be liable for any loss or damage which may be suffered by the Renter and/or any third party and/or passenger during the rental of the vehicle by the Renter, except to the extent that such loss or damage are caused as a result of the negligence of the Company.
    2. The Company shall not be responsible for loss or damage which may be suffered by the Renter and/or any third party and/or passenger during the rental period of the vehicle by the Renter as a result of any misuse of the vehicle rented from the Company.
    3. Except to the extent that the Company acted with gross negligence, fraudulent intent or in breach of its contractual obligations, the Company shall not be liable for any harm, loss or damage caused, whether directly or indirectly, as a result of the operation or use of the vehicle.
    4. The Company, its directors, officers, employees are accordingly indemnified by the Renter or his estate against any claim of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from or connected with or as a result of the renting of the vehicle.
  14. JOINT AND SEVERAL LIABILITY OF SIGNATORIES, RENTER AND/OR DRIVER
    The Renter and every person whose signature appears on the Rental Agreement shall be liable jointly and severally for payment of all amounts due to the Company in terms of or pursuant to the Rental Agreement.
  15. TERMINATION

    1. The Company reserves unto itself the right to terminate this Agreement at any time and for whatever reason by way of either written or oral notice to the Renter and upon receipt of such notice, the Rental Agreement will immediately come to an end and the Renter shall be obliged to return the vehicle to the Company immediately.
    2. The Company records that notwithstanding the termination of the Rental Agreement, it retains all of its rights as provided for in the Rental Agreement and in particular those as set out in clause 4 above.
  16. GOVERNING LAW AND JURISDICTION

    1. The Rental Agreement and all matters or disputes arising therefrom or incidental thereto are in all respect governed by the laws of the Republic of South Africa (inclusive of any dispute arising from the conclusion and/or the implementation and/or the cancellation thereof).
    2. The Renter consents to the jurisdiction of the Magistrate’s Courts in the Republic of South Africa, notwithstanding the amount involved. This does not prevent the Company from instituting legal proceedings in a Regional or High Court in the Republic of South Africa that has jurisdiction in such instance.
  17. CONSENT REGARDING THE PROCESSING OF PERSONAL INFORMATION
    By signing this Rental Agreement, the Renter consents to:

    1. the processing and further processing of its personal information by the Company 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;
    2. the collection of information by the Company from any other source to confirm and supplement the personal information which the Company has about the Renter;
    3. the retention by the Company of records of the Renter’s personal information (even after the Renter is no longer the Company’s Renter) for as long as permitted for legal, regulatory, fraud prevention, financial crime and marketing purposes;
    4. the Company conducting credit enquiries about the Renter within the Credit Bureau or Credit Provider from time to time and providing the Renter’s personal information, including details of any non-compliance and the manner in which it conducts its account, to credit risk management services (including credit bureaus) and/or crime prevention agencies;
    5. and authorises the Company to make use of the Renter’s personal information provided to the Company for purposes of tracking and recovering (which includes triangulation of cellular phones in accordance to the RICA Act No 70 of 2002) the vehicle if it is not returned to the Company at the agreed time and date reflected on the Rental Agreement;
    6. the Company tracking the vehicle for purposes of monitoring the Renter’s use of the vehicle and recovering of the vehicle and the Company disclosing the tracking report to its insurance company, the Renter’s employer (if the employer is responsible for payment) and any other third party having a legitimate interest;
    7. and authorises the Company to disclose the Renter’s personal information to the Company’s 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 whilst the vehicle was at the risk of the Renter;
    8. and authorises the Company 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 transactions in respect of the use of the vehicle.
  18. GENERAL

    1. The Rental Agreement contains the entire agreement between the parties, and the Company shall not be bound by any undertakings, representations, warranties, promises, or the like not recorded herein.
    2. No variation, alteration, addition to and/or omission from this Agreement shall be valid and/or binding unless reduced to writing and signed by the Company and Renter.
    3. If any terms or condition of this Rental Agreement becomes unenforceable for any reason whatsoever, that terms or condition is severable from and shall not effect the validity of any other term or condition in this Rental Agreement.
    4. No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a waiver or otherwise affect any party’s rights in terms of the Rental Agreement. It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof at any time and without notice.
    5. If the Company institutes any legal proceedings against the Renter it shall be entitled to recover from the Renter all the legal costs it incurred with its own attorneys in accordance with their then usual charges and assessed as between attorney and own client, including but not limited to collection commission and tracing agent charges.
    6. The Renter chooses the address specified on the Rental Agreement for all purposes, including the dispatch of legal notices and the service of court process.