VEHICLES THAT ATTRACT ATTENTION

2.1 The rental charges for the Rental Vehicle shall be as stipulated in the “Rental Charge” segment of the Agreement (“Rental Charges”).

2.2 Where applicable, the Renter may also be liable to pay any one or more of the following additional charges to LCR:

(a) Delivery Charges: where LCR has been requested by the Renter to deliver the Rental Vehicle to any location other than the LCR office from which the Rental Vehicle is hired (“Rental Location”);

(b) Pick-up Charges: Where LCR has been requested by the Renter to collect the Rental Vehicle from any location other than the Rental Location; c) Drop-off Charges: Where LCR has been requested by the Renter to collect the Rental Vehicle from any location which is situated in a different city or state from the Rental Location; (d) Out-Hours Charges: LCR has been requested by the Renter to deliver or collect the Rental Vehicle at a time that is beyond LCR business hours, which is 8:00 a.m. to 6:00 p.m. (SAST); (“Business Hour”); and (e) Such other charges as may be provided under this Agreement. (Each, is an “Additional Charge” and collectively, “Additional Charges”)

2.3 The Renter shall promptly pay the Rental Charges and/or Additional Charge(s) on or before the due date as may be indicated by LCR to the Renter in writing (“Due Date”).

2.4 In the event of any default in the payment of the Rental Charges and/or Additional Charge(s) by the Renter, LCR shall be entitled to impose a late payment interest at the rate of eighteen per centum (10%) per annum on the outstanding Rental Charges and/or Additional Charge(s) (“Late Payment Interest”).

2.5 The Rental Charges and/or Additional Charges shall be paid by way of cheque and/or credit card. Where the payment is made by way of credit card:

(a) LCR accepts the following payment method: MasterCard and Visa

(b) LCR will not accept any third-party credit cards: the credit card presented must be in the name of the Renter;

(c) The Renter’s credit card shall have a validity period of at least one (1) year from the date of this Agreement.

2.6 The Renter agrees and acknowledges that LCR shall reserve the right to refuse any delivery of the Rental Vehicle to the Renter in the event the Rental Vehicle is not fit for purpose, not available for the Rental Period, negative records on the Renter or for any reason whatsoever. Subject to availability of the Rental Vehicle, LCR may change an alternative Rental Vehicle to the Renter and the Renter shall accept the alternative Rental Vehicle. In the event there is no alternative Rental Vehicle, LCR will refund any Rental Charges and deposit paid by the Renter. In the event the Rental Vehicle is unavailable, the Renter agrees and acknowledges that LCR shall bear no liability against the Renter and LCR shall be excluded from any form of liability, claims, loss, consequential loss, loss of opportunity, loss of business, future lost and/or any other loss arising from the refusal of delivery of the Rental Vehicle by LCR.

2.7 The Renter agrees and acknowledges that in the event the Renter fails to pick up the Rental Vehicle at the designated Rental Location and time, any Rental Charges and deposit made to LCR shall not be refundable for the failure of the pick-up.

2.8 Any amendments to the Rental Period shall be communicated to LCR three

(3) days before the pick-up and/or delivery of the Rental Vehicle. Subject to the availability of the Rental Vehicle, LCR shall reserve the right to reject the amendment request(s) made by the Renter.

3.1 Designated Driver(s) for the Rental Vehicle:

(a) The Rental Vehicle shall only be driven by the Renter and/or any other person(s) who has been authorised by LCR and added to the Agreement (collectively, the “Designated Drivers”):

– The Designated Driver(s) shall be between the ages of twenty-one (21) years old to sixty-five (65) years old.

– The Renter shall obtain LCR prior written approval before effecting any changes to the list of Designated Driver(s);

– None of the Designated Driver(s) shall have suffered or is suffering from any physical infirmity and/or defective vision or hearing which may impair his/her driving abilities.

– None of the Designated Driver(s) shall have been convicted at any time during the past five (5) years for any traffic offences;

– None of the Designated Driver(s) shall be a probationary license holder;

– None of the Designated Driver(s) shall have been refused or cancelled his/her motor insurance policy;

– The Designated Driver(s) shall have a valid driving license, or where the Designated Driver is a non-South African citizen, a valid international driving license. Any wrongful use of the Rental Vehicle in breach of the terms of this Agreement by the Designated Driver(s) shall be deemed as a breach by the Renter and LCR shall reserve the rights to claim and/or take any actions against the Renter. The Renter shall:

(a) Ensure that the Rental Vehicle shall not be used:

– Whilst under the influence of alcohol or drugs;

– For any purpose for which it is not expressly designed;

– For commercial purposes, including but not limited to carrying passengers or property for hire;

– To propel or tow any vehicle or other object;

– To participate in any race, test, or contest;

– In any manner whereby the Rental Vehicle will be loaded beyond its permitted capacity;

– For any illegal and/or unlawful purposes;

– To carry any item(s) that will discharge any unpleasant odours (e.g., pets, durians, salted f ish, etc.), tarnish the interior of the Rental Vehicle and/or cause any stains to the interior of the Rental Vehicle. Smoking in the Rental Vehicle is also strictly prohibited. The Renter shall be liable for the necessary cleaning fees and reimburse LCR for all costs incurred to eliminate such odours and the loss of rental days of the Rental Vehicle.

(b) not do or attempt to do any act which may infringe upon the ownership or interests of LCR in the Rental Vehicle or which may affect the policy or policies of insurance on the Rental Vehicle;

(c) not affect any mechanical or other modification to the Rental Vehicle, make any alterations or additions, or fit any towing equipment or other accessories or non-standard tyres to the Rental Vehicle without the prior written consent of LCR;

(d) not remove or interfere with any identification marks or plates affixed to the Rental Vehicle, nor attempt nor permit the same;

(e) not deface the paintwork or bodywork of the Rental Vehicle nor add or erect any painting, sign-writing, lettering, or advertising to or on the Rental Vehicle;

(f) not take or allow the Rental Vehicle to be taken out of South Africa without the prior written consent of LCR, and in the event such written consent is being given, LCR may impose such terms and conditions as it may deem fit;

(g) bear the cost of the repair or rectification of any damage to the Rental Vehicle resulting from the negligence/ intentional act/ vandalising act/ improper use of the Rental Vehicle by any of the Designated Driver(s);

(h) be liable for all missing, stolen, or broken parts and/or accessories of the Rental Vehicle as stipulated in the “Vehicle Handover & Return Checklist” form;

(i) be liable for the costs of replacement of any lost car key(s) and/or the costs for the creation of any additional car key(s) for the Rental Vehicle;

(j) look after the Rental Vehicle and ensure that it is properly locked and secured and parked in a safe place when not in use; Parking & Traffic fines:

(a) The Renter shall be solely liable for all parking fees, traffic fines, penalties or summonses incurred in respect of the Rental Vehicle during the Rental Period (as defined hereinafter below).

(b) LCR shall be entitled to charge against the Renter’s credit card, upon receiving any notifications from the relevant South African authorities for any parking fees, traffic fines, penalties, or summonses incurred by the Renter during the Rental Period (as defined hereinafter below), together with an additional administration fee of R400.00 (subject to the prevailing charges). Accidents & Lost or Stolen of the Rental Vehicle:

(a) In the event of any minor damage or loss on the Rental Vehicle due to any accidents during the Rental Period, insurance will cover the cost, and the Renter shall be liable for the excess fee. However, should insurance claim be denied, the Renter will be liable for the reparation fee. The Renter agrees and acknowledges that LCR shall not have any liability and/or responsibility against the Renter and /or any third party or victim(s) in the accident. Any consequential loss shall be borne by the Renter.

(b) In the event of major damage or total loss on the Rental Vehicle due to any accidents during the Rental Period, insurance will cover the cost, and the Renter shall be liable for the excess fee. However, should insurance claim be denied, the Renter will be liable for the reparation fee. The Renter agrees and acknowledges that LCR shall not have any liability and/or responsibility against the Renter and /or any third party or victim(s) in the accident. Any consequential loss shall be borne by the Renter.

(c) In the event of any loss or theft of the Rental Vehicle during the Rental Period and the Rental Vehicle was not recovered, the security deposit paid by the Renter shall be forfeited and the Renter shall be liable to pay LCR on the Rental Vehicle’s repayment instalment until LCR has successfully claimed from the car insurance or reclaim the Rental Vehicle. Meanwhile, the Renter agrees and acknowledges to use his or her best effort to assist LCR in claiming the car insurance and/or provide any evidential proof or statement as requested by the insurance company (if any). As part of LCR loss, the Renter shall also pay for loss of use of the Rental Vehicle, without regard to any fleet utilisation, including an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). The Renter shall defend, indemnify, and hold harmless LCR from and against all damages, liabilities, costs, expenses (including, without limitation, reasonable legal fees), claims, or judgment that arise out of or results primarily from:

(a) any negligence, omission, or wilful misconduct of the Renter and/or Designated Driver(s) in the use of the Rental Vehicle; and/or

(b) the Renter’s breach of any of its obligations, duties, and/or representations and warranties under this Agreement. Repossession of the Rental Vehicle by LCR:

(a) LCR shall be entitled to repossess the Rental Vehicle immediately without sending any notice to the Renter where:

The Renter has failed to pay the Rental Charges for more than fourteen (14) days after the Due Date; and/or there has been a breach in the use of the Rental Vehicle by the Renter, and the Renter has failed to remedy the breach within three (3) days after receiving a written notice from LCR requiring the Renter to remedy the breach. To the fullest extent permitted by law, the Renter hereby agrees to waive any right to any hearing or to receive any notice or legal process as a pre-condition for LCR to repossess the Rental Vehicle.

(b) The Renter hereby authorises LCR to enter any premises owned or occupied by the Renter, or where necessary, to make all reasonable efforts to secure and obtain the right, license, and/or permission for LCR to enter any premises for purposes of recovering and repossessing the Rental Vehicle.

(c) The Renter shall reimburse LCR for all costs and expenses incurred in the recovery and repossession of the Rental Vehicle and shall indemnify LCR against any and all claims that may be brought by any third party against LCR arising out of or resulting from LCR recovery or repossession of the Rental Vehicle. Save as otherwise provided in this Agreement, LCR shall not be liable to the Renter for:

(a) the loss or damage to any property left, stored, loaded, or transported in or upon the Rental Vehicle by the Renter and/or any of the Designated Driver(s) during the Rental Period (as defined hereinafter below). The Renter hereby agrees to release, indemnify, and hold LCR harmless from any claims for the loss or damage to such property;

(b) any indirect or consequential loss or damage (including, without limitation, any loss of actual or anticipated profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, and loss of reputation) or punitive damages, regardless of the basis of the claim, whether in contract, tort, strict liability or other legal or equitable theory, whether or not LCR has been advised of the possibility of such claim, loss, demand or damages. habitant morbine velite.

4.1 During the Rental Period, LCR shall not be obliged to provide any replacement vehicle to the Renter after the Renter accepts the Rental Vehicle upon the delivery of the Rental Vehicle by LCR.

4.2 However, if the Rental Vehicle is not fit to use and/or broke down during the Rental Period, LCR shall reserve the right to repossess the Rental Vehicle for inspection purposes. Upon inspection result of the Rental Vehicle, LCR may at its discretion either replace a vehicle (subject to availability). In the event there is no replacement vehicle, LCR will refund the Rental Charges on a pro-rata basis according to the remaining Rental Period.

4.3 The Renter hereby agrees and acknowledges that LCR shall not be liable for any cost, fees, and/or loss suffered and/or suffered by the Renter resulting from the unfit of the Rental Vehicle.

The Renter also agrees that only the vehicle is covered under insurance and the driver or passengers are not covered. The Renter also agrees that personal belongings and other items left in the vehicle at any time are not covered.

6.1 The Renter shall follow the Rental Period as stated in this agreement and return the Rental Vehicle to LCR at the Rental Location, or such other location as may be instructed by LCR in writing (save where LCR has agreed to collect the Rental Vehicle from the Renter) on the agreed date and time.

6.2 If the Renter wishes to continue with the hiring of the Rental Vehicle after the expiry of the Rental Period, the Renter shall give a written notification to LCR of its intention to do so (“Option to Renew”). LCR, may upon receipt of the notification from the Renter, accept or refuse the Option to Renew depending on the Rental Vehicle availability. In the event LCR accepts the Option to Renew by the Renter, the Renter shall deposit additional Rental Charges to LCR immediately.

6.3 Upon the timely exercise of the Option to Renew by the Renter, and provided there shall be no subsisting breach of any of the covenants herein by the Renter which has not been cured, LCR may at its absolute discretion renew the Agreement on terms to be mutually agreed by the Parties.

6.4 In the event the Renter fails to return the Rental Vehicle to LCR upon the expiry of the Rental Period, the Renter shall be deemed to have agreed to extend the Rental Period, and the Renter shall continue to be liable to pay LCR the Rental Charges in respect of the Rental Vehicle, which shall be calculated on daily basis, commencing from the date immediately after the expiry of the Rental Period, until the date of return of the Rental Vehicle to LCR.

7.1 Full to Full

(a) Your vehicle will be supplied with a full tank of fuel;

(b) To avoid incurring fuel charges, you will need to return it with the same amount of fuel as it had when you collected it;

(c) You may be required to leave a fuel deposit reserved or charged on your credit card, this will be released or refunded when you return the car full;

(d) Missing fuel will be charged on your return. The price per litre charged by LCR may be significantly higher than the price at the local service station. A refuelling charge may also be applicable;

(e) Fuel charges are payable at the rental desk unless otherwise stated in the top section of rate details.

9.1 EARLY RETURN BY THE RENTER: The Renter may return the Rental Vehicle before the expiry of the Rental Period by returning the Rental Vehicle to LCR at the Rental Location, or such other location as may be instructed by LCR in writing (save where LCR has agreed to collect the Rental Vehicle from the Renter). For the avoidance of doubt, any Rental Charges and/or security deposit paid to LCR shall be non-refundable due to the early return of the Rental Vehicle by the Renter. Upon the return of the Rental Vehicle, the performance of this Agreement under clause

9.1 shall be deemed complete.

9.2 FORCE MAJEURE: Neither party shall be liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to natural disasters, extreme weather conditions, government actions or restrictions, travel warnings, martial law, state of emergency, wars, terrorism, insurrections, pandemics, epidemics, nuclear incidents, EMP and/or any other cause beyond the control of the party whose performance is affected (“Force Majeure”); provided, however, that adverse economic conditions or general financial or operational constraints are not deemed to be a Force Majeure event. If either party is affected by a Force Majeure event, it shall forthwith notify the other party of the nature and extent thereof.

9.3 LEGAL COMPLIANCE: The Renter will ensure full compliance with applicable laws and regulations. Breach of this provision by the Renter entitles LCR: (i) to terminate this Agreement with immediate effect; and (ii) to be indemnified against any fine, penalty, or claim the other may from time to time suffer as a result of such breach.

9.4 WAIVER: Neither failure nor delay by a party to enforce at any time any one or more of the terms or conditions of this Agreement shall operate as a waiver thereof, or of the right to subsequently enforce all terms and conditions of this Agreement.

9.5 GOVERNING LAW AND JURISDICTION: This Agreement will be governed by and construed by the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African courts. Parties will attempt to settle any disputes amicably by conducting good-faith discussions first.

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