This agreement is between the Renter and Europcar, a division of Imperial Group (Proprietary) Limited, Registration Number 1983/009088/07(referred to as Europcar)
TERMS & CONDITIONS
1. RENTAL REQUIREMENTS AND PAYMENT
At the time of rental the following must be provided:
1.1 Europcar approved method of payment/or credit card.
1.2 Full names; residential, postal and physical addresses; and telephone number.
1.3 Local contact details.
1.4 A valid, original Driver's Licence and original passport or identity document
2.1 'Renter' refers to any party to this agreement whether the driver, additional driver, authorised signatory or qualified payer.
2.2 Vehicles are rented subject to Europcar's standard terms and conditions as reflected herein.
2.3 Please refer to the Europcar website www.europcar.co.za for all fees, waiver responsibility / limited liability amounts and
applicable levies /charges.
2.4 Daily rates are calculated strictly in cycles of 24(twenty four) hours, from time of pick up to time of drop off.
2.5 Should a vehicle require valet cleaning, the valet charges will be billed directly to the Renter's credit card and /or account.
2.6 The Renter is liable for any towing, storage, release, glass, tyres, rims, water and under-carriage damage to vehicle
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 Driver/s must have obtained their licence at least two years prior to renting a vehicle with Europcar.
4. YOUNG /ADDITIONAL DRIVER & ADMINISTRATION FEE
4.1 An additional fee will be charged for an additional driver or a younger driver (under the age of 23), provided that they are in possession of a valid, unendorsed driver's licence for a minimum of two years.
4.2 An administration fee, airport surcharge, remote branch surcharge and tourism levy per rental will be charged directly to
the Renter at the time of rental
5. COLLISION DAMAGE/THEFT WAIVERS
5.1.1 Standard waiver and Super waiver options are available for the reduction of liability in the event of loss, theft and/or damage to the vehicle.
5.1.2 The Renter will be responsible for the full replacement value of the vehicle, should theft/loss/damage be caused due to wrong and/or illegal actions or omissions (see 6 below for a detailed list of factors that negate the waivers) or if waivers
5.1.3 The Renter is responsible for double the limited liability amount applicable (subject to group of vehicle), where the vehicle has been written off.
5.1.4 A claim handling and assessment fee will be applied and charged to the Renter's credit card or account, in the event of damage/loss/theft of the vehicle.
5.1.5 The renter will be liable for limited liability based on the waiver option as per the table below
5.2 TYRES & WINDSCREEN WAIVER
5.2.1 By accepting Tyre and Windscreen waiver, the Renter will be absolved of any liability or cost relating to either the repairing or replacing of tyres and/or windscreen on the vehicle should they be damaged by circumstances beyond the Renter's control. If this waiver is declined, the Renter will be liable for the full amount of repairing or replacing the damaged tyre/s and/or windscreen. Tyres exclude rims.
5.3 UNDERCARRIAGE / GLASS:
5.3.1 Notwithstanding the above clauses, where damage is caused to the undercarriage and/or glass of the vehicle, an assigned expert shall assess the damage so caused and the expert shall be entitled in his expert opinion based on the merits of the claim, to exclude such damage from the waivers.
6. FACTORS THAT NEGATE WAIVERS
6.1 Any wrong and/or illegal actions or failure to act which results in damage or loss.
6.2 Driving under the influence of alcohol or substances that diminish your capacity.
6.3 Unauthorised persons driving the vehicle.
6.4 Taking the vehicle across any border without authorization.
6.5 Not adhering to traffic, road and driving regulations.
6.6 Unsuitable driving or road conditions.
6.7 No other vehicles or third party involved in a collision unless exceptional circumstances apply.
6.8 Not reporting the collision to Europcar and the nearest Police Station within 24 hours.
6.9 Failure to obtain authorisation from Europcar and effect payment for the extension of the contracted rental period.
6.10 Failure to report the theft of a vehicle to Europcar and a Police Station within 6 hours of the event.
6.11 Failure to produce the vehicle keys in the case of theft unless exceptional circumstances apply.
6.12 Failure to report the exact details of the last known location of the vehicle prior to theft.
6.13 Not using the vehicle for its intended purpose, for example carrying unlawful goods
6.14 Using the vehicle for agricultural purposes without prior authorization.
7.1 The Renter is required to contact Europcar immediately in the event of theft, loss or damage and a full report must be made to the nearest Police Station within 24 hours where an accident has occurred and within 6 hours in the case of loss/theft. A Police Services Case Reference number must be obtained from the Police Station.
7.2 An Incident Report must be completed; these are obtainable from any Europcar branch or the Europcar website.
7.3 Where the vehicle is not drivable, phone Europcar Call Centre (086 1131000) and an authorised towing company will be
appointed to tow the vehicle.
7.4 Europcar reserves the right to provide a replacement vehicle.
7.5 Personal belongings stolen or lost during an incident are not covered. Personal baggage insurance can be purchased priorto rental.
8. THIRD PARTY CLAIMS
8.1 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 limited liability until a third party recovery has been made by Europcar. Europcar will reimburse the Renter the amount paid less the claim handling fee.
8.2 If the damage and loss waivers are accepted and no factors apply to negate the waivers then Europcar shall settle third
party claims as follows: The Renter is liable for the first R15,000 (fifteen thousand rand) of the claim where after Europcar will settle the difference. This settlement is further limited to direct damage caused and excludes consequential loss.
9. TRAFFIC FINES & TOLLING FEES
9.1 Should the Renter disobey traffic regulations which results in a fine, such amounts will be directed to the Renter and the
R enter will be charged a fine handling fee in addition to the fine.
9.2 All toll fees charged during the rental period will be directed to the Renter.
10. PERSONAL BAGGAGE INSURANCE.
10.1 All claims and liability relating to this cover are directed via Regent Insurance Company Limited. The responsibility rests on the Renter to read and understand the cover offered in the brochure and accept or decline this insurance based on the information provided. Europcar merely acts as an agent offering the cover for a third party, and has no knowledge or understanding to be able to give advice on the product.
11.1 A letter of authorisation must be requested from Europcar at the time of reservation for all cross border travelling.
11.2 Europcar will not be held responsible if a Renter is refused entry into another country.
11.3 All foreign registered vehicles will have to pay a Cross Border Charge at the Border. The Renter is responsible for the
payment of the Cross Border Charge.
11.4 Vehicles are only permitted into Botswana, Lesotho, Swaziland, Namibia and Mozambique.
11.5 A one way cross border fee will be levied for one way rentals.
11.6 A non-refundable fee will be levied by Europcar for vehicles crossing the border and is payable directly by the Renter.
11.7 A DA331 form will be issued by the Border Authority and must be kept in the vehicle. A penalty fee will be levied if the documentation issued by the Border Authority is not handed to a Europcar authorized representative or found in the vehicle
at termination of rental.
11.8 An additional fee will be levied should an accident/theft occur outside the borders of South Africa (i.e. Namibia, Mozambique, Botswana, Swaziland & Lesotho), and a full repatriation fee will be levied for vehicles in Mozambique.
12. DELIVERY & COLLECTION
12.1 NOTE: any toll fees, fuel or game park entrance fees will be billed in addition to a delivery or collection charge
12.2 The Renter shall take delivery of the vehicle at the place specified on the Rental Agreement. The Renter shall have no
claim against Europcar if the vehicle is not available for delivery, other than a refund of any amount paid or pro rata thereof.
12.3 Where delivery takes place outside of the place and time specified, the Renter's acceptance of delivery shall not
constitute the delivery as being unsolicited.
12.4 On the return date the Renter shall return the vehicle at Renter's risk and expense to Europcar at the place specified
in the Rental Agreement and the keys must be handed to a Europcar authorized representative and the vehicle be parked
in a designated parking bay and locked. The vehicle shall be returned undamaged, in good order and in roadworthy
condition, fair wear and tear accepted.
12.5 The vehicle shall be at the Renter's sole risk from the date of delivery up and until the vehicle is returned to Europcar.
12.6 By the Renter's signature hereto the Renter acknowledges that the vehicle is delivered by Europcar free of any damage whatsoever and in good order and repair unless such damage is recorded in writing and signed by both parties on the Rental Agreement or on the vehicle condition document.
12.7 In the event of the vehicle's keys being placed in a drop-off safe as a result of the designated return location being closed, then the parked vehicle shall be at Renter's sole risk of loss or damage until Europcar has recorded the return thereof.
12.8 Failure to return the vehicle in terms of this agreement shall constitute illegal possession by Renter and Europcar may
repossess the vehicle wherever same may be found and from whomsoever is in possession thereof.
13. OPTIONAL ACCESSORIES
13.1 These are available on request at the time of reservation or rental and any fees or applicable limited liability amount will be charged to the Renter at the time of rental.
13.2 In the interest of safety Europcar representatives will not fit any accessories for the Renter; the Renter is responsible for the fitting of any accessory rented.
14. DEPOSITS – LIMITED LIABILITY & FUEL
14.1 A deposit for the applicable limited liability, fuel, toll fees or any sundry fees is required on initiation of the rental. The
Renter must be in possession of a credit card irrespective of product selection.
14.2 Each vehicle is refuelled on termination irrespective of whether Renter has filled the fuel tank or not and the Renter may be liable for an additional refuelling charge.
15. EXTENSION OF RENTAL
15.1 If the Renter wishes to extend the rental beyond the original return date, authorisation must be obtained from Europcar. Failure to do so will result in breach of all terms and conditions and Europcar will immediately negate all waivers.
15.2 Additional rental days will be charged directly to the Renter's account or credit card at the prescribed rate.
16.1 Unless any wrongdoing can be proven against/ attributed to Europcar, its agents or employees, Europcar shall not be liable for any damage or loss, whether direct or indirect, arising out of any defect in or mechanical failure or the safety of the vehicle or the driving or use thereof, nor for any direct or indirect loss, consequential damages, loss of profits or special
damages arising out of any of the foregoing. Europcar does 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 Europcar.
17.1 All notices and legal processes in terms hereof shall be given to the 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 the Renter proves the contrary, and to Europcar at their registered legal address: 16 Ernest Oppenheimer Avenue, Bruma, Johannesburg, South Africa.
17.2 The Renter consents to the geographic area of the Magistrate's Court having authority over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the authority of such court. This consent shall not however, prejudice Europcar in respect of their right to proceed in any court of competent authority.
17.3 The English version of this agreement will prevail in the event of a dispute.
17.4 This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by the Renter
17.5 Europcar may claim and recover from Renter on demand all costs and expenses incurred by Europcar in consequence,
directly or indirectly, of any breach by Renter of this agreement, including attorney-and-client costs, collection commission and any costs of tracing Renter or the vehicle.
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 thereof.
17.7 This agreement shall be governed by the laws of the Republic of South Africa.
17.8 By the Renter's signature hereto, the Renter accepts all the charges charged by Europcar in terms of this agreement,
including any charges relating to loss and damage to the vehicle.
17.9 By Renter's signature hereto, Renter hereby authorizes Europcar to conduct ITC checks or any other checks required by law on Renter, if necessary.
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Europcar or its content suppliers and protected by South African and international copyright laws.
Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Europcar and protected by South African and international copyright laws.
Without derogating from the above, Europcar South Africa authorizes you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that:
Such content is used for information purposes only; such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this web site in any other work, publication or web site of your own or belonging to another. Any reproduction of material from this web site or portion thereof must include this notice in its entirety.
These Terms and Conditions (''''''''the Terms and Conditions") shall regulate the relationship between Imperial Online, a division of Imperial Group (Pty) Ltd ("Provider") and its subscribers and non-subscribers ("User") who use the Providers websites (list them e.g. imperial.co.za, sdds.co.za, wozanet.co.za etc) ("Website"), the Provider''''''''s network ("Network") and /or the services provided from the Website. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User should not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website/Network.
Updates and amendments to the terms and conditions
Provider reserves the right to change, modify, amend, add to or remove portions or whole parts of these Terms and Conditions from time to time.
Copyright and intellectual property
Content currently or anticipated to be displayed at the Website is supplied by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematography Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are subject to copyright by the Provider, its affiliates or subsidiary, or any third party owner of such rights ("the Owners), and is protected by South African and international copyright laws. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited license to general users
Provider grants the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable license to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider.
Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Illegal and offensive conduct
The User agrees to conform to generally accepted Internet etiquette ("Netiquette") which shall include but not be limited to the following guidelines:
Not to engage in any abuse of e-mail or spamming, including the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients where such messages are not specifically solicited.
Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights or carries a criminal sanction;
Not to post or transmit any message, data, image or programme which is illegal, offensive, threatening, abusive, harassing, harmful or hateful data, image or programme;
Not to post or transmit any message, data, image or programme which violates the intellectual property rights of a the Provider and/or Owner;
Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not the User intends damage.
Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes; and• Not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
In the event that the User should engage in any one or more of the above practices, which shall be determined in Provider''''''''s reasonable discretion, then the Provider shall be entitled to terminate, without notice, the User''''''''s access to the Network.
Limitation of liability
The Website and all its Content, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy and completeness of the Content. The Provider is merely a conduit for data and content transmitted over its Network and neither the Provider, affiliate and/or a subsidiary of the Provider, shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website/Network or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
The Provider receives various types of information ("the Information") from Users who access the Website/Network. The Provider makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorize the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon.
The User acknowledges and understands that the Provider may be required in law from time to time to monitor the Content and user traffic at the Website/Network and shall provide evidence of the same to authorized officials.
Take down notification
The Provider encourages Users and other third parties to report any form of misconduct or abuse of website hosted by the Provider. Upon receipt of written notification any misconduct or abuse the Provider shall take reasonable steps to either take down the offending website or address the issues raised in the notification.
Breach of terms and conditions
If the User breaches any of the terms and conditions, the Provider shall be entitled to exercise any of its rights that it may have in law.
Choice of law
This Website is controlled, operated and administered within the Republic of South Africa. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.
In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:
Use of information collected on the site:
We want to help you maintain your privacy on the Internet. We will treat your information in total confidence and will only share your information with our affiliates, investors, alliance partners and agents and will not sell, share or rent this information to any other third-parties. The information which we collect from you may be used for a variety of reasons, such as establishing the general demographics, statistics or market information or to compile a broad profile of visitors who access and transact via the site. Please note that all information is aggregated, therefore no identifiable individual or company information is shared with other parties.
Should you elect to be added to our mailing list we use the information we collect to better meet your needs by sending you information on new services or specials which may be of interest to you. From time to time we will email you information about us or our partners, if you do not wish to receive this e-mail you can opt out by e-mailing at email@example.com with a request to be removed from our mailing list.
We use cookie technology. Cookie technology consists of tiny pieces of data that is stored on the your computer's hard drive and which contains information about you, so that next time you visit the site the Cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You can, however, set up your Internet browser to disable this cookie technology.
When we will disclose information:
We may disclose information if required to do so by law or if it is required to protect the safety of our customers or the public, or if we believe that such action is necessary to protect and defend our rights or property, the site or our customers.
Storage of information:
Information collected by us via the site is stored in a secure operating environment that is not available to the public.
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