Terms and conditions

 

 

This agreement is between the Renter and Gordons Car Rentals
1. RENTAL REQUIREMENTS AND PAYMENT
1. 1 A valid voucher and/or debit and/or credit card must be
presented at time of rental and local contact details.
1.2 Full name, residential, postal address and telephone
number.
1.3 Original Drivers Licence and passport or identity document.
For International renters, a driving permit must also be
presented. Copies of the aforesaid documents will be
made and held by Gordons Car Rentals.
1.4 Where the rental requires a credit or debit card, a deposit
is required on initiation of the rental.
2. GENERAL
2.1 Renter refers to any party to this agreement whether the
driver, additional driver or authorised signatory.
2.2 A Gordons Car Rentals representative is a person in a Gordons Car Rentals uniform
bearing a name badge.
2.3 Vehicles are rented subject to Gordons Car Rentals terms and
conditions as contained in this agreement.
2.4 Please refer to your corporate agreement, travel agent,
referring website or booking confirmation for all fees, rates,
limited liabilities and applicable levies or charges. A
Gordons Car Rentals Rental Agent can also assist with explanation
of charges on your booking.
2.5 Daily rates are calculated strictly in cycles of 24 hours,
from time of pick-up to time of drop-off.
2.6 If the vehicle is driven by anyone other than the Renter,
the Renter shall remain liable for all his/her obligations in
terms of this agreement as if he/she had been the driver.
2.7 The vehicle is deemed to be returned only once the keys
have been returned to a Gordons Car Rentals representative, or in
terms of Clause 5 below.
2.8 The Renter agrees that the Renter is not allowed to permit
any towing, repairs or servicing to be done to the vehicle
unless authorised by Gordons Car Rentals.
3. DRIVING REQUIREMENTS
3.1 Government Legislation requires that whilst driving, the
driver/s is/are required to have a valid unendorsed driver’s
licence in their possession.
3.2 Gordons Car Rentals requires the driver/s to be at least twenty one
(21) years old and have held their drivers licence for a
minimum of two (2) years
3.3 An additional driver is authorised only if you pay an
additional driver surcharge, and provided that the additional
driver is older than twenty one (21) years of age and has
held a drivers licence for a minimum of two (2) years.
3.4 A young driver surcharge will apply if the driver is under
the age of 21.
4. DELIVERY OF VEHICLE
4.1. Renter shall take delivery of the vehicle at the place
specified in the Rental Agreement.
4.2 Gordons Car Rentals cannot accept responsibility for late delivery of
vehicle due to circumstances outside of our control.
4. 3. The Renter acknowledges that the vehicle is delivered by
Gordons Car Rentals free of any damage and in good order and repair
(unless such damage is recorded in writing).
4.4. Toll fees, fuel or game park entrance fees will be billed in
addition to a delivery or collection charge.
5 .RETURN OF VEHICLE
5.1 The vehicle shall be at the Renter’s sole risk from the date
of delivery up and until the vehicle is returned to Gordons Car Rentals.
5.2 Failure to return the vehicle in terms of this agreement
shall constitute illegal possession of the vehicle by the
renter, Gordons Car Rentals may repossess the vehicle at their
discretion, the costs thereof to be for the payers account.
5.3 On the return date the Renter shall return the vehicle to
Gordons Car Rentals at the place specified in the rental agreement.
Failure to do so will result in the rental cost as well as any
subsequent damages to the vehicle being billed until the
keys are returned to Gordons Car Rentals.
5.4 In the event that the location is closed then the keys placed
in the drop off safe and the branch manager must be
contacted with the date and time of the drop off. In this
circumstance, the parked vehicle shall be at Renter’s sole
risk of loss or damage until Gordons Car Rentals has recorded the
return.
5.5 Each vehicle is refuelled on termination irrespective of
whether Renter has refuelled the vehicle and the Renter
will be liable for a refuelling fee and the cost of the fuel.
6. EXTENSION OF RENTAL
6.1 If the Renter wishes to extend the rental beyond the
original return date, authorisation must be obtained from
Gordons Car Rentals. Failure to do so will result in breach of all terms
and conditions and Gordons Car Rentals will immediately negate all
waivers. (see Clause 8 below).
6. 2 Additional days will be charged directly to the renter.

7. WAIVERS
7.1 Choosing Standard or Super Theft and Collision waivers
limits the Renter’s liability to the reduced liability amount
charged in the event of loss or damage to the vehicle.
7.2 The Renter is responsible for the full replacement value
of the vehicle should loss or damage be caused due to
wrong and/or illegal actions or omissions (see Clause 8
below).
7.3 In the event of damage or loss, the Renter is liable for
2.5 times the standard or super “reduced liability”
amount where:
7.3.1 The vehicle is uneconomical to repair; or
7.3.2 The vehicle was driven on roads unsuitable for driving
that specific vehicle (which include, but are not limited to
gravel roads, severely damaged roads and roads that
require the use of 4x4 facilities), or
7.3.3 During week-end rentals (rentals between Friday 12h00
and Monday 12h00); or
7.3.4 Where no other vehicle is involved; or
7.3.5 Stolen and hijacked vehicles.
7.3.6 The damage is more than R50 000.
7.4 In the event of loss or damage to the vehicle and where
the Renter has chosen to decline waivers, the renter will
be liable for the full loss or damage or the replacement
value of the vehicle irrespective of fault.
7.5 In the event of damage to the undercarriage and/or glass
of the vehicle, Gordons Car Rentals may exclude such damage from
the waiver.
7.6 Accepting Tyre and Glass waiver absolves the Renter of
any liability or cost related to either repairing or replacing
the tyre and/or glass on the vehicle should they be
damaged by circumstances that are beyond the renter’s
control. If the waiver is declined, the Renter will be liable
for the full amount for repairing or replacing the damaged
tyres and/or glass.
7.7 The Renter will remain liable for the payment of the limited
liability even if the damage was caused as a result of force
major (Acts of God – which include but are not limited to
hailstorms, floods, strong winds etc.)
8. FACTORS THAT NEGATE WAIVERS
8.1 Any wrong and/or illegal actions or the commission
of a crime or failure to act which result in damage or
loss of the vehicle.
8.2 Driving under the influence of alcohol, illegal
substances or any substance that diminishes your
capacity.
8.3 Unauthorised persons driving the vehicle.
8.4 Unauthorised cross border rentals.
8.5 Not adhering to traffic, road and driving regulations.
8.6. Failure to report the collision or damage to Gordons Car Rentals
and the nearest Police Station within 24 hrs of the
incident. Failure to reporting the loss and/or theft to
Gordons Car Rentals and the Police Station within 2 hours . Should
the Renter/additional driver be incapacitated –Gordons Car Rentals
reserves the right to request a medical doctor’s report
in this respect.
Terms and conditions are subject to change without prior notice.
8.7 Failure to produce the vehicle keys in case of theft
unless exceptional circumstances apply.
8.8 Not reporting the exact details of the last known location
of the vehicle prior to theft.
8.9 Failure to obtain authorisation from Gordons Car Rentals and effect
payment for rental extensions.
8.10 Not using the vehicle for its intended purpose.
8.11 Failure to sign and complete the Gordons Car Rentals Claim Form
referred to in Clause 9.2 below in full;
8.12 Should the waivers be negated Gordons Car Rentals will repudiate
any third party claims.
9. DAMAGE OR LOSS
9.1 Renter is required to contact Gordons Car Rentals immediately in the
event of loss, theft or damage and a full report must be
made to the nearest Police Station within at least 24 hours
where an accident has occurred and 2 hours in the case
of loss. A Police Services Case number must be obtained.
9.2 A Claim Form must be completed in full and signed by the
renter or additional driver; these are obtainable from any
Gordons Car Rentals branch. Should the additional driver have
completed and signed the Claim Form, the Renter will still
be required to complete and sign a Claim Form.
9.3 Where the vehicle is not drivable, phone the Gordons Car Rentals call
centre and an authorised towing company will be appointed
to uplift the vehicle.
9.4 The renter will be liable for the cost of obtaining copies of
the Police Report as well as any additional documentation
required to process the claim.
9.5 Supplying a replacement vehicle after a damage or loss
incident is entirely at our discretion and we reserve our
rights accordingly.
9.6 The renter is not allowed to permit any unauthorised towing,
repairs or servicing to be done to the vehicle and should
such towing, repairs or servicing be done, Gordons Car Rentals reserves
the right to subject the vehicle to a quality check, the cost
of which will be paid by the Renter, together with the cost
of the unauthorised towing and any re-repairs or re-servicing
that may be required to meet Gordons Car Rentals standards.
10. THIRD PARTY CLAIMS                        
10.1 Should the Renter be involved in an accident where the
fault was not that of the Renter, the Renter is still responsible
and liable for the non-waiverable standard or super reduced
liability until a third party recovery has been made by
Gordons Car Rentals.
10.2 Gordons Car Rentals will reimburse the Renter the reduced liability
amount or the pro rata liability amount once we have
received final settlement from the third party, which
settlement will be at Gordons Car Rentals’s sole discretion to accept.
10.3 The Assessor’s fee, towing, storage and claim handling
fee is not refundable, regardless of a successful third party
recovery.
10.4 If super collision waivers are accepted and no factors apply
to negate the waivers (see Clause 8 above) then Gordons Car Rentals
shall settle the third party liability claims to the maximum
value of R50 000, the renter is liable for the balance. This
settlement is further limited to only one third party Claim
for direct damage caused to movable property and excludes
consequential loss.
10.5 Should the Renter fail to complete the Claim Form in Clause
9.2 above in full, or such Claim Form fails to reflect complete
third party information, Gordons Car Rentals reserves the right to
repudiate any Claim made by such a third party.
11. CROSS BORDER TRAVELING
11.1 A cross border letter must be obtained prior to the Renter
crossing any borders with the vehicle, the cost of issuing
which the Renter will be liable for.
11.2 Vehicles are only permitted to cross the specific borders
listed in the cross border letter.
11.3 All fees levied by the border authorities are for the
responsibility of the renter.
12. OPTIONAL ACCESSORIES
12.1 The renter is responsible for the installation of any
accessories (which include but are not limited to GPS
devices and Future Renter Seats) rented and as such
accepts liability for the loss or damage of such accessories.
12.2 Gordons Car Rentals its agents or employees shall not be liable for
any damage or loss, whether direct or indirect, arising out
the installation of such accessories.
13. RIGHT TO DISCLOSURE AND INFORMATION
13.1 The Renter is liable for the cost of towing, unauthorised
towing, claim handling, assessment, storage, release, glass,
tyres, rims, water and under-carriage damage to vehicle.
13.2 Should a vehicle require valet cleaning, the valet charges
will be billed to the renter.
13.3 Should the Renter disobey the traffic regulations which
results in a fine, such notice will be directed to the renter
and the renter will be charged a fine admin fee.
13.4 All open road tolling fees incurred will be charged to the
renter.
14. RIGHT TO EQUALITY
14.1 The Renter is satisfied that Gordons Car Rentals did not unfairly
discriminate against them, treat them unfairly or in a
manner that is different from the manner in which any
other customer is treated in respect of the service provided.
15. RIGHT TO FAIR AND HONEST DEALINGS
15.1 The Renter acknowledges that he/she has had sufficient
opportunity to consider all the implications of this agreement
and have entered into it of his/her own free will and without
any undue influence.
16. EXEMPTION FROM LIABILITY:
16.1 Gordons Car Rentals, its agents or employees shall not be liable
for any damage or loss whether direct or indirect,
arising out of any defect or mechanical failure, safety
of the vehicle, driving or use of the vehicle,
consequential damages, loss of profits, special
damages arising out of any of the above. Gordons Car Rentals,
its agents or employees do not accept any liability for
any loss of or damage to any property transported in
or left in the vehicle or any other damages or loss as
a result of the conveyance of the driver and/or any
other passengers. No warranties as to the condition,
state of repair, performance capabilities, year of
manufacture, odometer reading or anything else
concerning the vehicle are given by Gordons Car Rentals, its
agents or employees.
16.2 Gordons Car Rentals, its agents or employees shall not be liable
for any damage or loss for any personal belongings
stolen or lost during or after the rental of the vehicle.

17. LEGALITIES
17.1 All notices and legal processes in terms hereof shall be
given to Renter at the address set out in the Rental
agreement (Renter’s chosen legal address). Any notice
posted to renter shall be deemed to be received 7 days
after posting, unless renter proves the contrary.
17.2 The English version of this agreement will prevail in the
event of a dispute.
17.3 This is the entire agreement and no variation or cancellation
shall be valid unless in writing and signed by renter and
Gordons Car Rentals.
17.4 Gordons Car Rentals may claim and recover from Renter on demand
all costs and expenses incurred by Gordons Car Rentals in
consequence, directly or indirectly, of any breach by the
Renter of this agreement, including attorney-and-client
costs, collection commission and any costs of tracing the
Renter or the vehicle and the recovery thereof.
17.5 The Renter acknowledges that a certificate, given as to
the amount due and/or owing by the Renter, at any time
subsequent to the signature of this agreement for the
repayment of such amount, the extent of the Renter’s
obligations in terms of this agreement and the computation
of the amount due and owing by the Renter shall be:
17.5.1 Binding on the Renter as proof of the amount of the
Renter’s indebtedness in terms of the agreement;
17.5.2 Shall be valid and enforceable as a liquid document
against the Renter for the purpose of obtaining provisional
sentence or judgement against the Renter.
17.6 A provision of this agreement which is invalid or
unenforceable for any reason shall be severable from the
rest of this agreement and shall not affect the validity of
the agreement as a whole.
17.7 This agreement shall be governed by the laws of the
Republic of South Africa.
17.8 The Renter acknowledges and accepts all the charges
charged by Gordons Car Rentals in terms of this agreement, including
any charges relating to loss and damage to the vehicle.
17.9 The Renter authorises Gordons Car Rentals to conduct ITC checks
or any other checks required by law on the Renter, if
necessary.