Terms and Conditions of Motorcycle Rental Agreement

In this agreement, unless the context is otherwise, the following expressions shall bear the following meanings:

• “The Company”, “Our”, “Us” and “We” means West Coast Motorcycle Rentals South Africa (Pty) Ltd.
• “The Hirer”, “You” or “Your” means the Hirer and/or rider of the Motorcycle.
• “The Rental Period” means the period between the commencement date and the end date stipulated on the Client Detail Form.
• “The Commencement Date” means the date on which the Hirer signs the Agreement and collects the Motorcycle from the Company.
• “The End Date” means the date on which the Company takes delivery of the Motorcycle from the Hirer.
• “The Extension of Rental Period” means an extension if the Motorcycle is not returned to the Company on the end date for any reason whatsoever.
• “The Motorcycle” means the motorcycle described in the agreement, including keys, accessories and documents.
• “Liability” means liability in the event of accident, theft, loss of Motorcycle, gear, accessories and/or extras.
• “Damages” means all damages suffered by the Company, including towing, transport, storage, repairs, inspection, reporting, costs, expenses and total loss where applicable.
• “Additional Rider” means any person identified as an additional rider and who has accepted responsibility by signature.
• “Holding Deposit” means a deposit held by the Company at inception of the rental for incidentals during the rental.
• “Excess” means the amount the Hirer is liable to pay for damage or loss based on the waiver selected and subject to this agreement.

1. The Company rents the Motorcycle to the Hirer in a well-maintained condition. The Hirer must ensure that the bike checklist is completed before taking delivery.
2. The Motorcycle is rented for the rental period stated on the Agreement and any extended period that may apply.
3. The Hirer must request an extension at least 24 hours before the current rental period ends.
4. The Company may terminate this agreement if the Hirer breaches the terms and conditions.
5. The Company may take possession of the Motorcycle upon breach and is not obliged to provide a similar or alternative Motorcycle.
6. The Hirer may not terminate early without the Company’s prior consent. Early termination does not oblige the Company to refund or reduce charges.
7. The Company may reject any rental application or payment method at its sole discretion.

1. The Hirer undertakes to pay all rental charges, additional charges and miscellaneous service charges arising from the agreement.
2. The daily charge is calculated on a 24-hour basis from delivery to return or collection.
3. The excess charge, where applicable, will be a minimum of R6 000.00. If the vehicle is deemed uneconomical to repair, the full holding fee will be kept.
4. All payments, taxes and charges are due on demand and at the latest on the collection date.
5. The Hirer may not set off or withhold payment of amounts due for any cause whatsoever.
6. Mandatory charges may include contract fee, Motorcycle protection plan, protective gear, compulsory damage liability and holding deposit.
7. Optional fees may include an additional rider fee.
8. The minimum age of the Hirer is 21 years and the Hirer confirms having held a valid driver’s license for more than 2 years.
9. Excess on damaged or lost equipment includes: Helmets R2 000, Pannier Bags R1 000, Jackets R3 500, and Gloves as applicable.
10. The Hirer is responsible for traffic infringements while the Motorcycle is in their possession, including traffic fines and related administration fees.
11. The Hirer is liable for accident or damage administration fees relating to Company or third-party property damage during the rental period.
12. Lost Motorcycle keys and locks must be reported as soon as possible. Replacement and fitting costs are for the Hirer’s account and are not covered by waiver options.

1. All makes and models requested by the Hirer are subject to availability within the Company fleet.
2. The Company reserves the right to provide a similar or alternative make and/or model without prior notice.

1. The Hirer is responsible for the care of the Motorcycle while in their possession.
2. The Hirer must ensure sufficient coolant, oil and fuel are maintained and that tire pressure and wheel alignment remain in the same state as at delivery.
3. The Hirer must use the correct fuel type and ensure all fluid levels are topped up as required.
4. The Motorcycle must be secured and kept in a safe place when not in use. Alarm and security devices must be activated.
5. The Motorcycle may not be neglected, abused or modified in any way.
6. The Motorcycle must be ridden only on public roads. The Company may restrict use in certain areas due to road, weather, political or other conditions.
7. The Motorcycle may not be used unlawfully, illegally, overloaded, or in a way that increases risk of damage or loss.
8. The Motorcycle may not be used outside South Africa without written consent from the Company.
9. The Hirer may not hire, lend or allow possession or control of the Motorcycle by anyone other than the approved Hirer or operator.
10. For rentals over 20 days, the Motorcycle must be returned as required by the Company. Extended rentals require service returns at intervals of 7 500km.
11. The Hirer may not ride under the influence of alcohol, drugs, medication or intoxicating substances.
12. The Hirer may not exceed 120km/h on national roads or the indicated speed limit.
13. Accidents or theft must be reported to the police and the Company within 24 hours, with the relevant case number and documentation completed truthfully.
14. No Motorcycle may be ridden on a dirt or gravel road.
15. Tampering with or modifying the Motorcycle or tracking device is a criminal offence and may lead to prosecution.

1. The Hirer warrants that they and any authorised rider have an unendorsed and valid rider’s license for the full rental period.
2. Non-South African citizens or persons without a valid South African driver’s license must produce an international driver’s license or valid license from their origin or resident country.
3. The Motorcycle is hired at the sole risk of the Hirer from the date and time of collection.

1. The Motorcycle is hired at the sole risk of the Hirer from delivery or collection until returned to the Company premises.
2. The Company will not be held liable for damage or further liability incurred by the Hirer as a result of hiring the Motorcycle.
3. The Company is not responsible for defects in the Motorcycle at the time of hire or during the rental period.
4. The Hirer indemnifies the Company against claims by any person for damage arising from incidents involving the Motorcycle.
5. The Company is not liable for mechanical failure, indirect damages, consequential loss, loss of profit or other damages suffered by the Hirer, rider or third party.
6. The Hirer confirms no representation or warranty has been made regarding defects, condition, quality, repair state, performance, capability, fitness or suitability of the Motorcycle.
7. The Hirer’s risk of loss or damage remains until the Motorcycle, accessories and equipment are returned undamaged, in good order and roadworthy condition, fair wear and tear excepted.
8. No public liability claims can be made against the Company after 12 months.

Included additional to comprehensive cover

• SASRIA cover.
• Third Party limit of up to R5 000 000.00.
• Passenger Liability Cover of R10 000 000 limit, R2 000 000 per incident and R75 000 per seat.

1. Third Party Liability cover is provided in terms of an insurance arrangement and subject to the rental agreement terms and conditions.
2. West Coast Motorcycle Rentals South Africa PTY Ltd is not a registered financial service provider and does not offer life or non-life insurance as defined by The Insurance Act 18 of 2017.
3. If the Hirer breaches this Rental Agreement, the Hirer will not be covered for Third Party Damages.

Upon acceptance of the agreement, the Hirer agrees to pay the applicable excess in respect of damage and/or loss from any cause whatsoever, subject to exclusions.

Exclusions include, but are not limited to:

• Hirer or rider negligence.
• Damage or loss where no other Motorcycle, animal or object was involved.
• Damage to tires, rims, hubcaps or glass.
• Collision not reported within 24 hours.
• Use in a country or area without written approval.
• Hirer or rider under 21 years of age.
• Loss or damage caused by a non-designated rider.
• Loss or damage due to civil unrest, riot, war or political unrest.
• Water or under-carriage damage.
• Unauthorized salvage, towing or release fees.
• Breach of any rental agreement term by the Hirer or additional rider.
• Use on a road not recognized as a public or provincial road, including game parks.

Deemed negligence includes:

• Motorcycle overturned in a single Motorcycle accident.
• Driving into or hitting inanimate objects.
• Driving into oncoming traffic.
• Reversing into any object, Motorcycle or motor vehicle.
• Hitting another Motorcycle or motor vehicle from behind.

The Company does not act as an agent in procuring insurance products for the Hirer or additional rider. The Company gives no advice or recommendations regarding insurance products.

Conditions of Cover

Reasonable care must be taken to protect the Motorcycle, including maintaining roadworthy condition, avoiding untoward risk and safely securing the Motorcycle when not in use. Failure may result in rejected claims or policy cancellation.

What is not covered

• Claims while ridden by a person not named in the schedule.
• Claims arising from illegal use, no valid license, alcohol over the legal limit, refusal of testing, or unlawfully leaving an accident scene.
• Off-road use unless the Motorcycle is specifically designated for off-road capability.
• Detention, confiscation or requisition by customs or authorities.
• Tire damage caused by braking, punctures, cuts or bursts.
• Damage to springs or shock absorbers due to road impact.
• Consequential loss from any cause whatsoever.
• Gradual deterioration or depreciation in value.
• Claims from speed contests, rallies, stunts or attempted stunts.
• Subsequent damage or injury if the Motorcycle is used after an accident before repairs are completed.
• Mechanical or electrical breakdown.
• Theft or loss arising from exchange, cash or credit sale transactions, false pretenses or fraud.

Misrepresentation and Fraud

Failure to accurately disclose material facts may result in the policy being voided. Fraudulent claims will result in forfeiture of all benefits under the policy.

The Company shall not be liable to the Hirer for failure to perform or delay in performing any obligation under this Agreement where such failure or delay is caused by force majeure.

By signing the Rental Agreement, the Hirer consents to:

1. The processing and further processing of personal information by the Company, operators or agents, provided integrity and confidentiality are secured.
2. The transfer, maintenance or storage of information on servers outside South Africa.
3. The collection of information from other sources to confirm and supplement information held by the Company.
4. The retention of records for legal, regulatory, fraud prevention, financial crime and marketing purposes.
5. Credit enquiries with credit bureaus or providers and disclosure of conduct and non-compliance information.
6. Use of personal information for tracking and recovering the Motorcycle, including triangulation of cellular phones in accordance with RICA Act 70 of 2002.
7. Tracking of the Motorcycle for monitoring use and recovery, and disclosure of tracking reports to insurers, payment-responsible persons or legitimate third parties.
8. Disclosure of personal information to agents, traffic departments or government institutions for traffic fine redirection, collection or administration.
9. Credit checks and disclosure of information to credit agencies or bureaus where required.

1. This document contains the entire agreement between the parties.
2. The Company is not bound by undertakings, representations, warranties or promises not recorded herein.
3. Any unenforceable or invalid clause shall be severable and shall not affect the remaining provisions.
4. No variation, alteration, addition or omission is valid unless in writing and signed by all parties.
5. The Company’s trading address is Marconi Centre, 460 Koeberg Rd, Montague Gardens, Cape Town, South Africa.
6. The parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act 32 of 1944.
7. This agreement is governed by the laws of the Republic of South Africa.
8. A certificate signed by a director, manager or senior employee of the Company shall be legal proof of any amount owing.
9. The Hirer may not withhold return of the Motorcycle for any reason. Delay in return is deemed an extension of the rental period and the Hirer is liable for all related charges.
10. The Hirer is liable for recovery costs on the attorney and own client scale, including collection commission and tracing fees.
11. If the Hirer is not the Rider, the Hirer and Rider may be jointly and/or independently liable for amounts owing, including damages.
12. By signing the agreement, the Hirer accepts liability for all amounts that may become due and owing.
13. The Hirer consents to credit and criminal record enquiries where deemed fit by the Company.
14. If the reserved Motorcycle is unavailable for reasons beyond the Company’s control, a comparable or superior Motorcycle may be substituted at no extra cost.
15. West Coast Motorcycle Rentals South Africa PTY Ltd reserves the right to amend the above terms and conditions.