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TERMS AND CONDITIONS |
DEFINITIONS
- Lessee: The person named as the lessee in the lease contract (also known as the driver).
- Rental Period: Means the period from the time that the vehicle is delivered to the lessee until it is returned to Pro-Ex Car Rental.
- Vehicle: The vehicle described on the lease contract.
- Rental Agreement: Document signed by lessee which will be in accordance with the terms and conditions.
- RESPONSIBILITIES OF THE LESSEE/DRIVERs
(a) the lessee hereby agrees that the lessor handed over the vehicle to the lessee in good order and condition as described and signed on the checklist. It is the lessee’s obligation to check if the checklist correspond to the vehicle.
(b) the lessee will acquaint him/herself with any additional costs like cross border fees when entering foreign countries which the lessee will be responsible for.
(c) only the driver/s mentioned in the lease contract are authorized to drive the vehicle. The lessee is to represent the actions of the respective driver as their own.
(d) the driver/s should be at least 23 years of age and have been in possession of a valid driver’s license for at least 5 years which is valid for Namibia.
(e) during the lease period you should regularly check the oil, water and tire pressure. Failure to do so will leave you liable for resulting damages.
(f) the vehicle should be returned after the renting period with the same fuel level as at the start of the renting period.
- PROHIBITIONS OF LESSEE / DRIVER
(a) may not deviate from areas or trips mentioned in the lease contract.
(b) may not drive under the influence of narcotics, alcohol or drugs.
(c) may not take part in illegal events like car races, off road dune rides, water drives, hunting etc.
(d) may not cause deliberate damage to vehicle or disregard the safety regulations.
(e) may not leave the vehicle unlocked or misplace the keys. [TIP: do not leave any valuables inside the vehicle when unattended]
(f) the vehicle may not be used for the conveyance whether of passengers of goods for reward.
(g) may not tow any other vehicles including any caravans or trailers.
(h) may not transport goods in violations of the customs laws or in any other illegal manner.
(i) may not drive the high tide water mark at the coast or in any pools or wet salt pans, through rivers, or along river beds.
- TERMINATION OF RENTAL AGREEMENT
(a) we may at any time terminate the rental agreement if rules are not adhered to, eg: speed etc.
(b) it will be the obligation of the lessee to return the vehicle immediately to Pro-Ex Car Rental. If you do not return the vehicle when required by the contract, Pro-Ex Car Rental are hereby authorized by you to enter any premises owned or occupied by you or where necessary you agree to make all reasonable efforts to obtain the right for Pro-Ex Car Rental to enter any premises in order to recover and reposes the vehicle.
- ATTAIN AND RETURN
(a) the lessee shall attain the vehicle at the location of Pro-Ex Car Rental. 391 Platinum Street, Prosperita, Windhoek. A detailed checklist will be completed and signed in the presence of the lessee and Pro-Ex Car Rental.
(b) it is your responsibility to check the condition of the vehicle when you collect it and if there is any discrepancies between its conditions and the checklist you must report it before leaving the premises of Pro-Ex Car Rental.
(c) the lessee shall at his own cost return the vehicle to Pro-Ex Car Rental at the same location where the vehicle was attained at the agreed date and time specified on the rental agreement. A final checklist will be done after the vehicle has been returned.
(d) you agree to return the vehicle in the same condition as it was at the start of the rental period with the exception of fair wear and tare.
- RENTAL CHARGES AND PENALTIES
(a) The rental charges payable by the payee for the use of the vehicle shall be calculated for the whole rental period at the rates agreed with the payee as well as other charges for services opted.
(b) the lessee shall be liable for all fines and penalties (including all legal costs incurred by Pro-Ex Car Rental to its attorneys in accordance with their usual charges)
(c) all charges payable by the payee shall be payable in cash or by credit card.
(d) if Pro-Ex Car Rental has agreed to accept payment from the payee by credit card the payee’s signature of this agreement shall constitute authority for the issuer of the card to debit him/her with the amount due.
(e) all rates include maintenance and oil, but do not include fuel.
(f) you will be charged a late return fee if the vehicle is not returned on the agreed date and time. It will be calculated on a daily rate.
- RESPONSIBILITY AFTER LOSS OR DAMAGE TO THE VEHICLE
(a) if during the rental period the vehicle is involved in any accident or collision or is lost or the vehicle or any part of it is stolen, the lessee shall take every reasonable precaution to safeguard the interest of Pro-Ex Car Rental, including by without being limited to the following, where appropriate:
(a) (1) shall obtain the name and addresses of anyone involved and of possible witnesses;
(2) shall not admit any responsibility or liability nor release any party form any liability or potential liability nor settle any claim or potential claim against or by any third party;
(3) shall notify the police and Pro-Ex Car Rental as soon as possible in any event within 12 hours of the occurrence in question;
(4) will as soon as possible assist with the completion of the claim form;
(5) shall within 48 hours of accident to or theft or loss of or from the vehicle he shall submit a copy of his driver’s license to Pro-Ex Car Rental;
(6) shall make adequate provisions for the safety and security of the vehicle until in the possession of Pro-Ex Car Rental;
(7) shall co-operate with Pro-Ex Car Rental in the investigation, the making and or defense of any claim acting relating to the incident and making of the avadavat, if requested;
(8) if the lessee is not the driver, then without in any way derogating from the lessee’s obligations, the lessee shall procure that the driver complies with the provision and warrants that the driver will do so;
(9) the payee shall notify Pro-Ex Car Rental of any claims, demands and summons which the driver/lessee may receive in connection with the vehicle;
(10) the payee warrants that the information complied in Pro-Ex Car Rental claim form to be true and correct in any respect.
- ACCIDENT INSURANCE AND LIABILITY
(a) the vehicle shall be at the sole risk of the lessee throughout the rental period.
- in the event of an accident, the police should be notified immediately of the accident and of any injuries. Pro-Ex Car Rental should be informed immediately or within 12 hours of the event with all relevant information regarding who the driver was, the location, involved parties and photos if possible.
- Payments for damages and other expenses incurred in recovering the vehicle are to be paid up to the amount of the excess, except for damages ascribed to gross negligence. These will be calculated in its entirety.
- The payees liability shall not be limited if: the loss or damage or the event giving rise thereto was caused by default or negligence of the lessee or the driver of the vehicle.
- INDEMNITY (EXEMPTION)
Pro-Ex Car Rental shall not be liable for any damage to, or any damage arising out of any defect in, or mechanical failure of the vehicle, nor for any loss, or damage to, any property transported or left in the vehicle, nor for any indirect damages, consequential loss of profits or special damages of any kind for any breach of this agreement, or arising out any cause whatsoever, irrespective whether or not the loss resulted from the negligence of Pro-Ex Car Rental, its agents or employees. Pro-Ex Car Rental accepts no responsibility and shall not be liable for delays occasioned by a breakdown or any other circumstance.
- GENERAL
(a) the lessee chooses the address specified in the rental form as his domicilium citandi et executandi.
(b) Pro-Ex Car Rental reserves the right to substitute vehicles within a similar vehicle should the vehicle reserved not be available at the time of hire.
(c) the lessee shall be entitled to cede any of his rights under this agreement to sublet or part with possessions of the vehicle, its tools or equipment of any part of it.
(d) if the lessee enters into this agreement on behalf of any principle including any undisclosed principle, he shall be personally liable jointly and severally with his principle.
(e) the lessee agrees that Pro-Ex car Rental is entitled, but not obliged, in its discretion to institute any action or proceedings for enforcing any of its rights under this agreement in the Magistrate Court, notwithstanding the amount in dispute and the lessee consents to the jurisdiction of the Magistrates Court.
(f) if Pro-Ex Car Rental institutes any legal proceedings against the lessee to enforce any of its rights under this agreement he shall be entitled to recover from the lessee all the legal costs it incurs to its own attorneys in accordance with their than usual charges and assessed as between attorneys and own client.
(g) this agreement shall be governed in all aspect by the law of Namibia. No agreement in variance with the provisions of this agreement shall be binding unless recorded in writing and signed by on behalf of the lessee and by or on behalf of Pro-Ex Car Rental.
(f) Speed limits and road signs must be adhered to and the restrictions will be as follows:
60km/h on gravel roads for all vehicles that are not 4X4
80km/h on gravel roads for all 4X4 vehicles
120km/h on general tar roads
60km/h in townships or cities
(g) Cancellations and no-show rates:
No Show: 100% of the total rendered amount will be charged.
1 – 7 days prior to arrival: 75% of the total rental amount will be charged
8 – 15 days prior to arrival: 50% of the total rental amount will be charged
16 – 30 days prior to arrival: 25% of the total rental amount will be charged
- EXCHANGE OF VEHICLE
(a) A vehicle will be exchanged only when mechanical damages cannot be repaired locally within 24 hours.
(b) in case of damages caused to the vehicle by the lessee/driver due to negligence the lessee/driver will be liable for the recovery cost of the rented vehicle and transportation costs of the exchange vehicle, new excess, new lease contract.
The rental amount of the former agreement will not be refunded.
