INTRODUCTION DAMTR rents to THE RENTER a vehicle in terms of these terms and conditions as set out herein. THE RENTER will be bound by these terms and conditions whether they are the driver or not. 1. EXCESSIVE WEAR AND TEAR: Fair wear and tear is included in this RENTAL AGREEMENT. THE RENTERs will be responsible for ALL excessive wear and tear. This pertains to, but is not limited to, the following:
1.1 Excessive Tyre Wear – above average tyre usage for the kilometers ridden and in the event of severe tyre and tube damage like pinch flats from road hazards. THE RENTERs will be responsible for replacement tyres and tubes including fitment charges.
1.2 Paint and Seat Damage - from knee pads, metal boot buckles, rubbing and scuffing, etc.
1.3 Scuffing - from tie downs and tank bags. THE RENTERs will be responsible for re-spraying charges.
1.4 Clutch – burnt clutch, Burnt Brakes from abusive riding, THE RENTERs will be responsible for a full clutch and brake assembly replacement. 1.5 Gears – bad gear choice and additional strain on the gearbox may result in broken and destroyed gearbox; THE RENTERs will be responsible for a full gearbox repair.
1.7 Excessive scratches – other than a few crash bar scuffs, where the crash bars have sustained excessive scratching. THE RENTERs will be responsible for re-spraying charges.
1.8 Chain Drive – where THE RENTERs have not lubed the chain daily and excessive wear and tear has occurred, chain and sprocket damage other than what is deemed normal wear for the kilometers ridden.
1.9 Scratched crash bars (ZAR450 Repair charge) Bent crash bars, bent brake levers and hand guards, bent pannier racks and badly scratched panniers. THE RENTERs will be responsible for a full replacement.
1.10. Dented or badly dented and broken Panniers – The rider is responsible for total replacement of broken or badly dented panniers and/or bent mounting racks. Slightly dented panniers will incur a cost of ZAR450
2.1 Traffic Fines: I give DAMTR permission to debit my credit card for any traffic offence fines incurred by myself whilst riding the rented motorcycle ____________________ between the stipulated rental dates. I Acknowledge and understand the above clauses _______________________________ THE RENTER
2.2 AUTHORISED DRIVERS:
By signature hereto, THE RENTER confirm that THE RENTER has an unendorsed and valid driver’s license or learner’s license. THE RENTER agree that DAMTR has the right to verify that THE RENTER’s license has been validly issued and that DAMTR may refuse to rent a VEHICLE to THE RENTER, if THE RENTER license has been suspended, revoked or restricted in any way. An additional driver is authorized only if THE RENTER pays an additional driver charge and that person has a valid and unendorsed driver’s license.
3. PAYMENT:
3.1 THE RENTER agrees to pay:
3.1.1 The rental rate as stipulated in the rental agreement and/or in accordance with an agreed rates sheet or as per the WEBSITE;
3.1.2 Additional charges as described in the rental agreement and/or as stated in the rates sheet/ WEBSITE;
3.1.3 all fines, taxes, charges, duties, levies and tolls payable by DAMTR to any authority arising out of the rental of the VEHICLE by THE RENTER;
3.1.4 all and any costs, (including but not limited to) towing charges, losses or DAMAGES incurred by DAMTR in procuring the return of the VEHICLE to the rental location, or such other location as determined by DAMTR, any DAMAGES or losses suffered by DAMTR due to THE RENTER’s failure to return the VEHICLE on the expiry of the RENTAL PERIOD, including but without limiting the generality of the foregoing, all amounts which would have been payable by THE RENTER in terms of this agreement if the RENTAL PERIOD had been validly extended to the actual date of return of the VEHICLE to DAMTR;
3.1.5 all fines and court costs payable by DAMTR for any legal violation assessed against the VEHICLE, 3.1.6 pay to DAMTR all DAMAGES and any other losses sustained by DAMTR, as provided for in this agreement; 3.1.7 a cleaning/valet service may be charged at DAMTR’s sole discretion;
3.1.8 for all fuel consumed to deliver and collect a VEHICLE to or from a pre-determined place of delivery or collection;
3.1.9 traffic fine administration fee which shall be levied to administer any traffic fine issued in respect of the VEHICLE during the RENTAL PERIOD. THE RENTER will be liable for all traffic fines in respect of the VEHICLE during the RENTAL PERIOD;
3.1.10 a claim administration fee in accordance with DAMTR rates sheet/rates WEBSITE which will be charged in the event of the VEHICLE being DAMAGED/lost and/or stolen.
3.2 All payments are due by THE RENTER on the sooner of a demand by DAMTR, or on expiry of the RENTAL PERIOD. THE RENTER shall not set-off or withhold payment of any amounts due by THE RENTER in terms of this agreement for whatever cause.
3.3 The RENTER has no claim to unused rental days, unused accommodation, calculated fuel, and guide fees, route design fees, park fees, cross border fees, tyre usage, and or any fees charged for the rental period in the event of an accident, or voluntary de-participation whether on self-guided GPS tour, or guided tour and or during the rental period.
4. THE RENTER’S OBLIGATIONS:
4.1 The VEHICLE shall be at THE RENTER’s sole risk for the RENTAL PERIOD.
4.2 THE RENTER shall not:
4.2.1 hire or lend the VEHICLE to anyone;
4.2.2 permit the VEHICLE or the keys to be in the possession or control of anyone other than the additional driver unless in the case of an accident and the recovery company is in possession of the bike;
4.2.3 cause or permit the VEHICLE to be driven unlawfully or illegally or to be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being DAMAGED or lost, or to be overloaded;
4.2.4 cause or permit the VEHICLE to carry any passenger or goods for reward or for racing; or to be used for any other purpose than THE RENTER’s transportation and those within THE RENTER’s party;
4.2.5 cause or permit the VEHICLE to be exposed to the risk of DAMAGE in or by any civil or public disturbance or unrest;
4.2.6 cause or permit the VEHICLE to any towing, repairs or servicing to be done to the VEHICLE unless authorized by RIDERS in writing;
4.2.7 cause or permit the odometer to be tampered with;
4.2.8 cause or permit the VEHICLE to be driven on a road/s not suitable for the VEHICLE.
4.3 THE RENTER shall take all precautions to protect the VEHICLE from theft and DAMAGE and shall lock and immobilize the VEHICLE when the VEHICLE is not in use;
4.4 In case of a collision, accident, theft or loss of or involving the VEHICLE, THE RENTER shall immediately:
4.4.1 report the event to DAMTR and the police or traffic department;
4.4.2 and by no later than 24 hours from the incident complete and ensure that the driver completes all documents required by DAMTR and its insurers; and
4.4.3 furnish all assistance required by DAMTR and its insurers to deal with any matters arising from the incident, whether directly or indirectly.
4.5 It is compulsory for THE RENTER to accept DAMTR’s DAMAGE and Theft WAIVER should THE RENTER be paying by cash or credit card.
4.6 If the VEHICLE is driven by anyone other than THE RENTER, THE RENTER shall remain liable for all THE RENTER’s obligations in terms hereof.
4.7 RIDERS has the right to terminate the rental at any stage. RIDERS can repossess the VEHICLE at any time if THE RENTER is in breach of this agreement.
4.8 Keys which are lost must be reported to DAMTR and same will be replaced at THE RENTER’s cost.
5. DAMAGE AND LOSS WAIVERS:
5.1 DAMAGE AND LOSS WAIVERS – DECLINED
5.1.1 THE RENTER understands that if THE RENTER do not accept these WAIVERS THE RENTER will pay for ALL loss or DAMAGE to the VEHICLE regardless of fault and howsoever caused, including theft. If the VEHICLE is stolen or found to be uneconomical to repair, THE RENTER will pay the suggested market value as determined by the Auto Dealers Guide of the same make and model as the VEHICLE, in the month that the VEHICLE was stolen or found to be uneconomical to repair. In the event that a VEHICLE is DAMAGED beyond repair, stolen or found to be uneconomical to repair in its first year of registration and there is no suggested market value for such VEHICLE as determined by the Auto Dealers Guide, THE RENTER will be liable for the retail selling price of a new VEHICLE of the same make and model, in the month the VEHICLE was stolen or found to be uneconomical to repair.
5.1.2 Where a VEHICLE was found to be uneconomical to repair, THE RENTER accepts that we will reduce the amount due by THE RENTER by the reasonable salvage value, or the amount received by DAMTR for the remains of such VEHICLE if this is lower.
5.1.3 The DAMAGES to a vehicle include expenditure in towing, transporting and storing the VEHICLE and the difference between the pre and post-accident value in the case where a VEHICLE is economical to repair. Repairs include parts and labor and accessories. DAMTR at its discretion shall appoint an expert assessor to assess the DAMAGE to the VEHICLE at THE RENTER’s cost and whose decision on such DAMAGE shall be final and binding to THE RENTER.
5.2 DAMAGE AND LOSS WAIVERS – ACCEPTED
5.2.1 If THE RENTER accept the Standard DAMAGE WAIVER and/or the Standard Theft WAIVER and THE RENTER accept to pay the limited liability (referred to as Standard WAIVER in the WEBSITE), and provided that THE RENTER have complied with all the terms and conditions of this agreement, THE RENTER will be liable for any DAMAGE to or loss of the VEHICLE or the amount as reflected in our WEBSITE whichever is lower plus towing and storage charges and administration charges.
5.2.2 If THE RENTER is in breach of this RENTAL AGREEMENT, THE RENTER shall be liable in accordance with 6.1 below.
5.2.3 THE RENTER shall be liable for the full value of any DAMAGE to the VEHICLE and the WAIVERS shall not apply, if THE RENTER were driving the VEHICLE in a reckless or gross negligent manner or under the influence of intoxicating liquor or of a narcotic drug or similar substance.
5.2.4 Notwithstanding 6.2.3 should THE RENTER DAMAGE our VEHICLE and this DAMAGE was not as a result of a collision with another vehicle, animal or person, or where insufficient details thereof are provided, or if THE RENTER were driving on roads not suitable for the VEHICLE, then at DAMTR’s sole discretion, THE RENTER may be liable for double the applicable limited liability as per the current published WEBSITE.
5.2.6 Notwithstanding anything in this agreement, DAMTR shall not be obliged to institute or proceed with any claim which we may have against a third party for the recovery of any DAMAGES or financial loss in connection with the VEHICLE and, we shall be entitled to abandon such claim or to settle such claim, at our sole discretion.
5.2.7 THE RENTER is liable for an excess on any insurance claim of 10% of the insurance claim with a minimum of ZAR17 500.00 to ZAR25 000 00. RENTER is responsible for repatriation fees and transport costs of the Motorcycle back to the point of return deemed in the invoice. Ie. Riders Store point of pick up in Somerset West.
6 THIRD PARTY CLAIMS For purposes of this clause, third party claims refers to any claims by a third party in respect of DAMAGE or loss that THE RENTER may cause to any other VEHICLE or property.
6.1 If THE RENTER decline the waivers or is in breach of this agreement THE RENTER will also be responsible for all third party claims.
6.2 If DAMAGE and Loss WAIVERS are accepted and should 6.2.3 and 6.2.4 not apply, our insurance company shall settle third party claims, with THE RENTER being liable for an excess minimum of ZAR17 500.00 to ZAR25 000.
7. LUGGAGE PANNIERS, TOP BOXES, SADDLE BAGS: Luggage Panniers and accessories cannot be insured and damage to these items will be recovered at the replacement value. Excess is per accident. Excess does not include collection of motorcycle and rented equipment, recovery fees are additional, as are re-patriation fees if the motorcycles back to the Riders Store point of pick up.
8. TYRES AND RIMS: Any tyre/rim DAMAGE whatsoever is for THE RENTER’s account.
9. ADDITIONAL EQUIPMENT (GPS, Panniers, Helmet, Jacket, etc)
9.1. THE RENTER may at the time of vehicle reservation, rent the equipment and it will be charged according to the payment terms and conditions of the vehicle rental.
10. GENERAL:
10.1 All notices and legal processes in terms hereof shall:
10.1.1 Be given to THE RENTER at the address set out in the rental agreement (THE RENTER’s chosen Domicilium Citandi et Executandi). Any notice posted to THE RENTER shall be deemed to be received 7 days after posting, unless THE RENTER proves the contrary;
10.1.2 Be given to DAMTR at our head office at our appointed Domicilium Citandi et Executandi at De Ark, Clarens, Free State, South Africa
10.2 THE RENTER hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the jurisdiction of such court. This consent shall not however, prejudice DAMTR in respect of their right to proceed in any court of competent jurisdiction.
10.4 This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by THE RENTER and DAMTR.
10.5 DAMTR may claim and recover from THE RENTER on demand all costs and expenses incurred by DAMTR in consequence, directly or indirectly, of any breach by THE RENTER of this agreement, including attorney-and-own-client costs, collection commission and any costs of tracing THE RENTER or the VEHICLE.
10.6 Any 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.
10.7 This agreement shall be governed by the laws of the Republic of South Africa.
10.8 By THE RENTER’s signature hereto, THE RENTER accept all the charges charged by DAMTR in terms of this agreement, including any charges relating to loss and DAMAGE to the VEHICLE.
10.9 By THE RENTER’s signature hereto, THE RENTER hereby authorize DAMTR to conduct ITC checks on THE RENTER, if necessary.