TERMS AND CONDITIONS
1. THE RENTAL AGREEMENT
a. The onus is on you to read and accept the terms and conditions of the Rental Agreement.
b. Please clearly write your postal address and email address / fax number on the Rental Agreement so that our invoice may be sent to you for additional charges. Failure to do so could result in unnecessary delays or added charges.
2. CHECK YOUR CAR
a. When receiving and returning your car, make sure you agree with the condition as noted on the respective vehicle inspection record and sign for your acceptance.
b. If you are not satisfied with the car you must advise the Spes Bona Rent-a-Car staff within the first 2 hours.
c. The onus is on you to sign off the Pre- and Post- Rental Inspection Record.
3. DRIVE ON THE LEFT-HAND SIDE OF THE ROAD.
4. ALWAYS HAVE YOUR DRIVER’S LICENSE WITH YOU.
5. DEPENDING ON THE WAIVER ACCEPTED ON YOUR RENTAL AGREEMENT, YOU MAY BE LIABLE FOR AN EXCESS IN THE EVENT OF THEFT OR DAMAGE. THIS AMOUNT WILL BE CHARGED REGARDLESS OF WHO CAUSED THE LOSS/DAMAGE.
6. EMERGENCY CONTACT
Contact Spes Bona Rent-a-Car on the emergency number: 0811659970/0811660936
7. VERY IMPORTANT
Principle circumstances that could make you liable for the full costs of potential loss or damage, regardless of waivers accepted:
Not reporting damage or theft to Spes Bona Rent-a-Car and the Namibian Police services immediately.
Allowing an unauthorised driver (not specified on the Rental Agreement) to drive your rental car.
Not adhering to local traffic rules and regulations, e.g. exceeding speed limits. Please Note: On gravel roads / unsurfaced roads the speed limit of 60 km/h must not be exceeded.
Not driving on the left-hand side of the road.
Driving under the influence of alcohol or other substances.
No other vehicle involved in accident, unless exceptional circumstances apply.
Criminal or gross negligence.
Not reporting accurate details of damage or theft on the Damage Report.
In case of theft, not being able to produce the keys (unless exceptional circumstances apply).
Taking the car across any national border without a letter of authority from Spes Bona Rent-a-Car.
Not returning the vehicle at the agreed time and date written on the Rental Agreement, unless a reference / authority number from Spes Bona Rent-a-Car is obtained and recorded.
Driving on a surface or in conditions which could damage your rental car.
Please do everything necessary to safeguard your vehicle keys. In the event of loss of keys, the cost of towing a vehicle to a safe location and/or the replacement or re-coding of vehicle keys will be charged to your account.
Tyre damage, other than normal wear and tear. Spes Bona Rent-a-Car will be obliged to replace damaged tyres and charge you accordingly, even if they have been repaired.
Water and under-carriage damage is not covered by waivers.
8. RENTAL OF THE VEHICLE
The Company rents to the Client, who hires the Vehicle subject to the terms and conditions as set out herein. The Client will be bound by these terms and conditions, whether he was driving or not.
9. DELIVERY OF THE VEHICLE
9.1 Delivery of the Vehicle takes place at the time the Client and/or Driver and/or his representative takes possession of the keys and/or Vehicle at the Renting Location.
9.2The Vehicle shall be deemed to have been delivered in good order and repair and without any damage to inter alia the paintwork, upholstery and accessories (unless such damage is recorded in writing and signed by both parties under “Vehicle condition” in the Rental Agreement or the rental Vehicle condition report). Any damage not so recorded will be for the account of the Client.
9.3 Should the Client wish for the Company to deliver the Vehicle at a place other than the Renting Location, additional fees will be charged.
10. USE OF VEHICLE
10.1 The Vehicle may only be utilised for the Rental Period or any Extension Period.
10.2 The Client and/or Driver agree that any extension so noted on the Company’s records would correctly reflect such Extension Period.
10.3 The Vehicle may only be driven by the Driver or the Additional Driver.
10.4 During the Rental Period, the Vehicle may not be used:- for the conveyance of passengers and / or goods for reward; to propel or tow any other Vehicle, (including any caravan or trailer) unless authorised by the Company in writing; to transport goods in violation of any customs laws or in any other illegal manner; in any motor sport or similar high risk activity; beyond the borders of Namibia, unless authorised by the company in writing; or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the afore going;
10.5 The Client and/or Driver shall make adequate provision for the safety and security of the Vehicle and, in particular, but without limiting the generality of the afore going, he shall keep the Vehicle properly locked and secured and immobilised and the burglar alarm (if any) activated and any anti-theft device in the Vehicle properly secured and in place when the Vehicle is not in use.
10.6 The Client and/or Driver will make sure that the keys of the Vehicle are under the Client’s and/or Driver’s control at all times.
10.7 The company will at all times remain the owner of the Vehicle.
10.8 Personal belongings stolen from the Vehicle are not covered.
10.9 In the event of a break-down (due to Client error or negligence) or accident, the Client will be responsible for all resultant costs, including towing. Towing due to mechanical failure on the Vehicle (where the Client is not responsible for the failure) wilt be covered by the Company.
11. RETURNING YOUR CAR
a. Only give your keys to a Spes Bona Rent-a-Car (obtain full name).
b. Any personal belongings left in car during or after rental are not covered in any respect.
c. PLEASE NOTE:
Even if you have filled the fuel tank, the car will be refuelled again as a courtesy to the next renter. Charges for fuel are at Government specified fuel prices. It is illegal for Spes Bona Rent-a-Car to profiteer from the sale of fuel.
Even if damages are not noted on return, e.g. vehicle is excessively dirty, non-visible damage., Spes Bona Rent-a-Car reserves the right to charge your credit card for damages after the rental.
Charges will be levied despite a Spes Bona Rent-a-Car staff member agreeing that damages are not visible. Spes Bona Rent-a-Car staff are not authorised to offer quotations or advise on liability on damage upon return of vehicle and/or during rental, as this will be assessed by an independent professional on termination of rental.
Client is not to replace or repair any vehicle parts unless authorised by Spes Bona Rent-a-Car in writing.
Unless prior reference number has been obtained, no compensation will be considered for disputes.
Additional charges may only appear on your credit card statement months after completion of your rental due to international bank processing procedures. It is your responsibility to request a copy of our pro-forma invoice when returning your vehicle.
11.1 The Client and/or Driver shall return the Vehicle, at the Client’s expense, to an authorised representative of the Company on the agreed return date and at the agreed Renting Location, or such other location as agreed between the Parties, but then at an additional charge to the Client.
11.2 The Client and/or Driver acknowledges that failure to return the Vehicle in terms of this agreement shall constitute unlawful possession by him, and the Company may repossess the Vehicle wherever same may be found and from whom so ever is in possession thereof, or may report the Vehicle as stolen to the relevant authorities. Any costs incurred in recovering the Vehicle will be for the account of the Client.
11.3 Should the Vehicle not be returned as indicated in 5.1 above, any PAI cover becomes null and void for the whole of the contract period.
11.4 The Vehicle shall be returned with a full tank of fuel, undamaged, in good order and in roadworthy condition, fair wear and tear excepted, A service fee is levied should the Company have to refuel the Vehicle.
11.5 If the Client and/or Driver returns the Vehicle to the Renting Location, the Client shall:
(a) park the Vehicle in the Company’s reserved parking; and
(b) ensure that the Vehicle is properly locked and secure; and
(c) hand the keys to an authorised representative of the Company or leave the keys in a drop safe provided at the offices of the Company, in the event that the offices are not open for business.
12. TERMINATION/CANCELLATION OF RENTAL AGREEMENT
Notwithstanding anything to the contrary contained in this agreement the Company shall be entitled to terminate this agreement without any explanation at any time by notice (oral or in writing depending on the situation) to the Client and/or Driver, whereupon the Client shall return the Vehicle to the Company forthwith. In the event of failure to return the Vehicle to the Company, the Company shall be entitled at any time to retake possession of the Vehicle. wherever found and from whom so ever has possession thereof. The obligations of the Client and the rights of the Company under this agreement shall continue in full force and effect until the Vehicle has been returned to the Company in terms of this agreement and the Client has complied with all his obligations. Any costs incurred in recovering the Vehicle will be for the account of the Client.
13. THE CLIENT/DRIVER
13.1 Notwithstanding anything else to the contrary in clause 10.3 above, the Vehicle may not be driven by any person under the age of 23, and/or who has not been in possession of a valid unendorsed drivers licence for 2 years. A valid licence constitutes an international driver’s license, a European Community drivers license, any national drivers license in English. National drivers licenses in any other language than English must be accompanied by an officially certified translation into English.
13.2 The Client and/or Driver warrant that at all times the Vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation, or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance and that every Driver of the Vehicle will have a valid license to drive the Vehicle, will comply with all applicable laws and will comply in all respects with the provisions of this agreement.
13.3 If the Vehicle is driven by anyone other than the Driver and/or Additional Driver, then, without derogating from any rights or remedies which the Company may have the Client shall remain liable for all his obligations in terms of this agreement and in particular, he shall be liable to the Company as if he had been driving the Vehicle.
14. RENTAL RATES AND CHARGES
14.1 Rentals are charged per 24 hours. Late return of vehicles will result in being charged for a further day.
14.2 The Client agrees to pay the Company the Rental Rates plus all other charges and fees opted for or utilised by the Client reflected on the Rental Agreement up and until the Vehicle is returned including, but not limited to, miscellaneous charges, airport surcharges, tourism levy, Claims Administration Fee, Contract Fee. Traffic Fine Administration Fee, one way fee, over border charges, delivery fee, collection fee, fuel, additional driver(s) fee, valet costs and/or all taxes due and payable on rental rates, other charges and fees.
14.3 Our rates include maintenance, VAT, Full Third Party Insurance, and Comprehensive Insurance, subject to clause x.
14.4 In determining the rental charges, the distance travelled by the Vehicle (where required) shall be determined from the Vehicle’s odometer, or if this is not possible for any reason, by the Company in its sole discretion, on any other fair and reasonable basis and the Client 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 kilometres travelled will be deemed to be 500 kilometres per day.
14.5 Notwithstanding anything to the contrary contained in this agreement, the Company will levy a young driver surcharge reflected on the Rental Agreement where the Client/Driver is younger than 25 years of age. The young driver surcharge is subject to change without notification.
15.1 All payments are to be prepaid in advance. All charges payable by the Client shall be paid by embossed credit cards bearing raised digits or in cash. The Company accepts all major cards but regrettably cannot accept cheques.
15.2 The card holder must be the Client or, if a legal entity, one of its directors, and the credit card is not transferable. In other words, the credit card holder and the primary driver must be the same person and needs to be present at the time of collecting the vehicle.
15.3 Upon collection of the Vehicle, Client’s credit card will be charged with the rental amount, an additional day’s rental and a tank of fuel. Any expenses for extras e.g. additional driver charge/ special equipment will also be billed. On return of the Vehicle, the Company will calculate Client’s final invoice and any monies due back to Client will be refunded within four working days. Any amounts due to the Company will be charged to the credit card.
15.4 Additionally, an authorisation hold will be placed on Client’s credit card for the applicable excess amount, this hold will be released within 4 working days once the Vehicle has been returned, providing there is no accident or theft damage.
15.5 The Client will not be allowed to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
15.6 The Client remains liable for payment of all amounts due until the Company is paid in full by the issuer of the card.
15.7 The Client’s signature of this agreement will constitute authority for the Company to obtain authorization and/or payment. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to the Company (including, but not limited to, any damages or loss suffered by the Company).
15.8 In the event that the Client returns the Vehicle to the Company prior to the due date on the Rental Agreement, the Client shall pay, at the sole discretion of the Company either the usual rates and charges applicable to the Rental Period and/or kilometres actually used, or the rates and charges as if the full Rental Period and/or kilometres occurred.
15.9 In the event of an accident and/or if the Vehicle is stolen and/or lost, the amount of the Damages or the Total Loss as suffered by the Company is payable on demand.
15.10 If any amount is not paid on due date, the Company may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable prescribed legal rate or prime plus 3% as charged by Nedbank Limited, whichever is the higher, and in the sole discretion of the Company.
15.11 A certificate of any Director, Manager or Accountant of the Company, whose capacity need not be proved, as to any amount owed by the Client to the Company shall constitute prima facie proof of the amount.
16. CLIENT’S RISKS AND LIABILITIES
16.1 The Vehicle is at the sole risk of the Client and/or Driver (fair wear and tear excepted) from the moment the key and/or the Vehicle is handed to the Client until such time as the Vehicle and key is returned in terms of clause 9.
16.2 The Client shall be liable for any damage and/or total loss sustained to the Vehicle, howsoever the damage and/or total loss is caused and whether or not it is attributable to his fault or negligence (including but not limited to hail damage).
16.3 If contracted for, the Client will only be liable for the amount indicated as the applicable excess as stated in the Rental Agreement (provided there was no breach of any conditions).
16.4 The Company, in its sole and absolute discretion, reserves the right to, in the event of loss or damage which 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), charge the Client either the actual amount of the loss or damage suffered or double the liability amount reflected on the agreement.
16.5 Should the Vehicle be damaged, stolen or lost in a situation where there was a breach of any of the terms and conditions as contained herein, the Client will be liable for the total loss and/ or damage suffered by the company.
17. CONSEQUENTIAL DAMAGES
The Client will be liable, in addition to any other amount provided for in the Rental Agreement, for damages suffered by the Company in consequence of it being unable to rent the Vehicle, which damages will be calculated on the basis of the contracted daily rate on the Rental Agreement plus 100 kilometres per day for the period that the Vehicle was inoperative, limited to a maximum of 30 days.
18. INDEMNITY OF THE COMPANY BY CLIENT
18.1 Neither the Company nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including any loss or damage to property left or transported in the Vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the Vehicle), whether direct, indirect, consequential or otherwise arising from the rental by the Client of the Vehicle, including, without limitation, any defect in and/ or mechanical failure of the Vehicle (howsoever arising and of whatever nature) or the failure of the company to detect defects in or mechanical problems with the Vehicle and whether such loss or damage results from breach of contract or delict (including negligence or gross negligence) or otherwise, which may be suffered by the Client and/or any third party and/or passenger.
18.2 The Company, its directors, officers, employees, servants or agents (“it”) are accordingly indemnified by the Client or his estate against any claim of any nature whatsoever and howsoever arising for any damages or loss which might be instituted against it arising from or connected with or pursuant to the renting of the Vehicle contemplated in these terms and conditions.
19.1 The Rental Agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like (other than the company extending the agreed return date) not recorded by the Company except as provided for herein.
19.2 If any provision of the Rental Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the provisions hereof.
19.3 No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this rental agreement, and no single or partial exercise of any right by any party under this rental agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any party’s rights in terms of or arising from this rental agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
19.4 The Client authorises the Company to insert any particulars in the agreement that are not known or are unavailable at the time of signature.
19.5 This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of Namibia.
19.6 The Client further consents to the jurisdiction of the Magistrates Court, should the Company, at its election, bring legal proceedings in a Magistrates Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrates Court. The Client agrees, however, that the company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
19.7 The Client shall not be entitled to cede any of his rights or assign any of his obligations under this agreement or to rent or part with possession of the Vehicle, its tools or equipment or any part of it.
19.8 If the Company institutes any legal proceedings against the Client to enforce any of its rights under this agreement it shall be entitled to recover from the Client all the legal costs it incurs to 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.
19.9 The Client chooses the address specified on the Rental Agreement as his domicilium citandi et executandi (i.e. address for service of all legal process).
19.10 The company shall be entitled to carry out a credit check on a Client with one or more credit agencies who may retain a record thereof and the company shall be entitled to record any default by the Client with any credit agency. Such records may be made available by the credit agency to third parties, in which case the company shall not be held liable/responsible for any repercussions such disclosure may have on the Client. The Client agrees that the Company may disclose any information obtained by it as a result of the conclusion and/or breach of the Rental Agreement, including personal and additional information, to any person, including a credit bureau.
19.11 The Client acknowledges that certain Vehicles may be fitted with a Vehicle management system, which is used to inter alia, record speed and other information relating to the Vehicle rented.
19.12 The Company shall be entitled to use such information (including in court proceedings) as it deems fit.
19.13 It is recorded that this agreement is exempt from the provisions of the Usury Act (until repealed by the National Credit Act, whereafter the latter will apply) and shall be limited to a maximum period of 90 days and are not subject to further renewal.
20. POSSIBLE ADDITIONAL CHARGES
Young driver surcharge
Traffic fines and traffic fine handling fee
Delivery and/or collection fees
Optional equipment, e.g. baby seats spare tyre
Excess or damage and/or loss
Valet fees (should it be necessary for Spes Bona Rent-a-Car to valet the car)
Cross border penalties
Full damage / loss if cover is negated
Extension of rental charges
Locksmith – charges for lost keys
Claim handling fee
Not arriving at the prior agreed time and place specified for collection
21. THIRD PARTY CLAIMS
When an accident occurs and a 3rd Party is involved (regardless of fault), the following information is needed:
Please note that if you do not supply fully detailed, truthful and accurate information pertaining to the collision and/or all particulars of the 3rd Party involved, unless extenuating circumstances apply, all waivers will immediately be negated.
22. EITHER PASSPORT OR ID (NAMIBIAN CLIENTS) MUST BE OBTAINED.
22.1 MOBILE / LAND LINE TELEPHONE NUMBER
22.2 PHYSICAL ADDRESS (NOT POST BOX NUMBER)
22.3 EMAIL ADDRESS (IF POSSIBLE)
22.4 THE LOCATION OF THE POLICE STATION WHERE THE ACCIDENT WAS REPORTED, WITH TELEPHONE NUMBER OF STATION
22.5 CASE NUMBER
22.6 IF INSURED, THE NAME OF THE UNDERWRITER (POLICY NUMBER IF POSSIBLE)
22.7 FULL AND ACCURATE DESCRIPTION OF THE ACCIDENT IN ENGLISH, WITH AN EXPLANATORY SKETCH
If for any reason it is found that the detail of the accident is inaccurate, it will be deemed fraudulent and you will be liable for all costs of both vehicles.
3rd Party costs can be incurred for up to 3 years after the incident.
If an amount (excess) has been billed, but the accident was caused by a 3rd Party, the amount will only be refunded to you, if our claim is successfully recovered and once we have received payment.