TERMS AND CONDITIONS OF MOTORCYCLE RENTAL AGREEMENT

DEFINITIONS

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 of the rental of the Motorcycle and the end date, which dates are stipulated on the Client Detail Form.

“The Commencement Date” being the date on which the Hirer signs the Agreement and collects the Motorcycle from the Company.

“The End Date” meaning the date on which the Company takes delivery of the Motorcycle from the Hirer.

“The Extension of Rental Period” means an extension to the rental period as described above, which will come into effect should the Motorcycle not be returned to the Company for any reason whatsoever, on the end date.

“The Motorcycle” is as described in this agreement as being rented with its keys, accessories and documents.

“He or His” means whenever used in reference to the Hirer “he or his shall” in the event of the Hirer being a Firm, Partnership, Corporation, Company, Trust, Voluntary association, or Club.

“Liability” in the event of an accident and/or theft and/or loss of Motorcycle, gear, accessories and/or extras.

“Damages” means all damages suffered by the Company, including the actual expenditure incurred in towing, transporting and/or storing the Motorcycle, repairing any damage, (including tires and rim damage), inspect collision damage and report thereon, or any other damages, costs or expenses incurred by the Company whatsoever nature and includes total loss where applicable.

“Additional Rider” means any person who has been identified on the first page of the rental agreement, and additional rider and who has accepted responsibility as an additional rider in terms of the rental agreement by signature thereof.

 

“Holding Deposit” means a deposit held by the Company on inception of the rental for all incidentals occurred whilst renting the Motorcycle.  The holding deposit amount is subject to Motorcycles in a specific group and/or class and protective gear.

“Excess” means the amount the Hirer is liable to pay for damage/loss based on the type of waiver selected and subject to terms and conditions of this agreement.

 

  1. RENTAL

 

  • The Company rents to the Hirer, the Motorcycle well maintained, and the onus is placed upon the Hirer to ensure that the bike check list is completed prior to taking delivery of the Motorcycle.

 

  • The Motorcycle is rented to the Hirer for the rental period as stated on the face of the Agreement together with any extended period which may apply, and subject to the terms and conditions contained herein. The Hirer is obliged to request an extension of the current rental period should the Hirer wish to do so, from the Company at least 24 (twenty-four) hours prior to the termination of the current rental period.

 

  • The Company reserves the right in its sole discretion to terminate this agreement at any time should the Hirer be in breach of the terms and conditions of this Agreement during the rental period. The Company reserves the right to take possession of the Motorcycle upon breach of contract and shall not be obliged to provide the Hirer with a similar or alternative Motorcycle under this or any further agreement.

 

  • The Hirer may not terminate this agreement prior to the end date in respect of the rental period without the prior consent of the Company. Consent shall be requested within a reasonable time from the Company. Should the Company approve the reduction in the rental period, the Company is not obliged to grant the Hirer a reduction on remission or refund of any changes for early termination.

 

  • The Company reserves the right, at its sole and absolute discretion and without obligation to provide reasons, to reject any Hirer’s application to hire a Motorcycle or accept any method of payment and the Hirer shall have no recourse against the Company as a result thereof.

 

  1. RENTAL CHARGES PAYABLE

 

  • The Hirer undertakes to pay the Company all charges, additional charges, and miscellaneous services, which may arise from this agreement.

 

  • The rental fees payable shall include, but are not limited to, and subject to change, the following:

 

  • A daily charge out rate as described in the “West Coast Motorcycle Rentals South Africa (Pty) Ltd” – which the Hirer is deemed to have read, calculated on a 24-hour basis from the time the Motorcycle is delivered to the time the Motorcycle is returned and or alternatively collected.

 

  • The excess charge, where applicable in terms of this agreement will be a minimum of R6 000.00 if the vehicle is deemed uneconomical to repair via the assessing Company, the full holding fee will be kept.

 

  • All payments in respect of rental and any other charges levied in terms of this agreement, together with any taxes, are due and payable on demand, and at the latest on the date of collection. The Hirer shall not set off or withhold payment of any amounts due to the Company in terms of this agreement for any cause whatsoever.

 

  • The following fees and charges will become applicable to the Hirer for and on rental of the Motorcycle, if and when applicable:

 

  • Mandatory charges include but are not limited to a contract fee, Motorcycle protection plan, protective gear, compulsory damage liability and the holding deposit.

 

  • Upon the election of Hirer but the fees are not limited hereto: additional rider.

 

  • The minimum age of the Hirer is 21 years. The Hirer further confirms that he is over the age of twenty-one (21) years and has had valid driver’s license for a period of more than 2 (TWO) years.

 

  • Excess on damaged or lost equipment and gear as follows: Helmets – R2000; Pannier Bags – R1000; Jackets – R3500; Gloves –

 

  • The Hirer will be responsible for any traffic infringements whilst the Motorcycle is in their possession. The Hirer will be liable to pay any traffic fine and an administration fee indicated on the face of the Agreement, for the traffic fines issued against the Motorcycle while it was in the possession of the Hirer. All fines will be redirected to the Hirer or paid via the credit card authorisation document.

 

  • The Hirer shall be liable to pay an accident/damage administration fee levied in respect of either an accident and or alternative damages to the Company’s Motorcycle or third-party Motorcycle and or property, caused by the Hirer during the rental period.

 

  • Motorcycle keys and locks which are lost shall be reported to the Company as soon as possible. The new key and lock set shall be purchased from the Manufacturer by the Company and the cost of replacement and cost of fitting shall be for the Hirers account. Lost or damaged keys are not covered by any waiver options in terms of this Agreement.

 

  1. AVAILABILITY OF MOTORCYCLES

 

  • All make and models requested by the Hirer are subject to the availability of Motorcycles within the fleet of the Company.

 

  • The Company reserves the right to provide a similar or alternative make and/or model of Motorcycle to the Hirer without prior notice.

 

  1. THE HIRER’S OBLIGATIONS IN TERMS OF THIS AGREEMENT

 

  • The Hirer is responsible for the care of the Motorcycle while in his possession and shall ensure that sufficient engine coolant, oil and fuel are maintained and that the tire pressure and wheel alignment remain in the same state as on the date of delivery and/or collection of the Motorcycle to the Hirer.

The onus rests on the Hirer to ensure the correct fuel type for the Motorcycle is used when refueling during the rental period. All fluid levels must be topped up as required.

 

  • The Hirer is obligated to ensure that the Motorcycle is secured and always protected and is kept in a secure place when the Motorcycle is not in use. The Hirer is obligated to ensure that the alarm and any security devices are always activated.  The hirer is obliged to ensure that he shall not cause or allow the Motorcycle to be neglected, abused, or modified in any way.

 

  • The Hirer is obliged to ensure that all Motorcycles are always driven on a public road. The Company reserves its right in its sole discretion to restrict the use of the Motorcycle in certain areas where there is concern due to adverse road conditions, weather conditions and/or political unrest or any other condition.

 

  • The Hirer shall not cause or permit the Motorcycle to be driven unlawfully or illegally or to be used for any unlawful purpose or a purpose for which it was not designed, or in such a way to increase the risk of being damaged, lost or overloaded.

 

  • The Hirer is not permitted to use the Motorcycle outside of the borders of the Republic of South Africa unless the Company has consented thereto in writing.

 

  • The Hirer shall not hire or lend the Motorcycle to anyone or permit the Motorcycle to be in the possession or control of anyone other than the Hirer or the operator as stated on the face of this agreement. In the event the Hirer has hired the Motorcycle for a period in excess of 20 (Twenty) plus days, as referred to in the West Coast Motorcycles brochure, the Hirer shall return the Motorcycle to the Company at the Company’s premises, as stipulated on the face of this agreement, at the termination of this contract, alternatively at any time sooner at the request of the Company. If the Hirer has hired the Motorcycle for an extended rental period, the Hirer shall return the Motorcycle to the Company at the Company’s premises for its services, at intervals of 7500km.

 

  • The Hirer will not ride the Motorcycle under the influence of alcohol, drugs or medication or any other intoxicating substance nor will he permit any operator to drive the Motorcycle under the influence of alcohol, drugs or medication or any other intoxication substance.

 

  • The Hirer will not exceed the speed limit of 120 km per hour on all national roads or as indicated by road signs.

 

  • The Hirer shall, in the event of the Motorcycle being involved in an accident or being stolen, report such an incident to the local police and the Company within 24 (Twenty-Four) hours irrespective of third-party involvement. The Hirer shall provide the Company with the relevant case number and complete all prescribed documentation fully and truthfully.  The Hirer is obliged to assist and co-operate with the Company in investigating and finalizing such incident or any dispute that may arise from this.

 

  • No Motorcycle shall be ridden on a dirt/gravel road.

 

  • It is a criminal offense to in any way tamper/modify any part of the vehicle and its tracking device. Any individual that attempts to make any changes to the above will be criminally prosecuted.

 

  1. AUTHORISED RIDER/S

 

  • The Hirer, by signing this agreement, warrants that he and any authorized rider have an unendorsed and valid rider’s license which remains valid for the full period of the rental undertaken.

 

  • In the event that the Hirer is not a south African citizen or does not have a valid South African driver’s license, must in such event, produce an international driver’s license, in the alternative a valid driver’s license of his origin/resident country for the hire of the Motorcycle. The Motorcycle is hired to the Hirer by the Company at the sole risk of the Hirer, from the date and time of collection.

 

 

 

  1. RISK

 

  • The motorcycle is hired to the Hirer by the Company at the sole risk of the Hirer, from the date and time of delivery and or collection of the Motorcycle to him, until such time as the Motorcycle is returned to the Company’s premises. In the absence of any written notification from the Hirer to the Company, free of any damage of whatsoever nature, and in good order and repair.

 

  • The Company will not be held liable for any damage sustained or further liability which the Hirer incurs as a result of hiring the Motorcycle, from any cause arising whatsoever, whether negligently or otherwise. The Company is not responsible for any defect of any nature whatsoever in the Motorcycle at the time of the hire, alternatively, any defect that may arise during the rental period.

 

  • The Hirer indemnifies the Company against any claim by any person for any damage of any nature whatsoever arising, because of any incident involving the Motorcycle, whether as a result of the Company’s negligence or otherwise. The Company shall not be liable for any damage arising out of any defect in, or mechanical failure of the Motorcycle, nor for any indirect damages, consequential loss, loss of profit or any other damages which the Hirer or driver, or any other third party transported on the Motorcycle may suffer, arising out of this agreement.

 

  • The Hirer confirms no representation, or warranty has been made by the Company with regards to defects in time, condition quality, and state of repair, performance capability, fitness or suitability for any purposes, of the Motorcycle.

 

  • The Hirer’s sole risk of loss or damage to the Motorcycle shall remain vested in him, until such time as the Motorcycle and all accessories and equipment of the Motorcycle are returned to the Company undamaged, in good order and roadworthy condition, fair wear and tear excepted.

 

  • No public liability claims can be made against the Company after a period of 12 months.

 

  • Included additional to comprehensive cover is:

 

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

 

  • Third Party Liability cover is provided in terms of an insurance arrangement and subject to the terms and conditions of the rental agreement
  • West Coast Motorcycle Rentals South Africa PTY Ltd. Is not a registered financial Service Provider and therefore does not offer a life insurance policy or a non-life insurance policy as defined by The Insurance Act 18 of 2017.
  • Should the Hirer act in breach of the terms and conditions of this Rental Agreement the Hirer will not be covered by Third Party Damages.

 

  1. DAMAGE OR THEFT LIABILITY

 

Upon acceptance of the agreement the Hirer agrees to pay the excess applicable in respect of any damage and/or loss suffered from any cause whatsoever, subject to the following exclusions, in which event the Hirer will be held liable for payment in terms of this agreement:

 

  • Hirer or riders’ negligence.

 

  • Where no other Motorcycle, animal, alternatively object, was involved in causing damage or loss suffered.

 

  • Where damage and/or loss is sustained to tires and/or rims and or hubcaps and or glass/auto-glass of the Motorcycle.

 

  • In the event of a collision which is not reported within 24 (Twenty-Four) hours as required.

 

  • Where the Motorcycle was driven in or to a country and/or area, for which written approval was not obtained from the Company.

 

  • Where the Hirer and or the rider are under 21 (Twenty-One) years of age.

 

  • Where a non-designated rider or riders have caused the loss and/or damage.

 

  • Where the damage and/loss are sustained because of civil unrest, riot, war or political unrest.

 

  • Where the damage and/loss are sustained by water and under-carriage damage or either.

 

  • Unauthorized salvage and/or towing and/or release fees.

 

  • Contravention or breach of any term of this rental agreement by Hirer or additional rider.

 

  • Where the Motorcycle was driven on a road that is not recognized by the government as a public road or provincial road which would include game parks.

 

  • Where the damage and/loss are sustained by water and under-carriage damage.

 

 

 

For the purpose of this Agreement the following will be deemed negligent:

  • Motorcycle overturned in single Motorcycle accident.

 

  • Driving into/hitting inanimate objects (trees, pillars, poles, barriers, parked Motorcycles etc.)

 

  • Driving into oncoming traffic.

 

  • Reversing into any object/Motorcycle/motor vehicle.

 

  • Hitting another Motorcycle/motor vehicle from behind.

 

  1. PERSONAL ACCIDENT BENEFIT

For the purposes of this agreement it is recorded that the Company does not act as an agent in Procuring insurance product for and on behalf of the Hirer and that neither the Hirer, nor the additional rider are the clients of the Company in relation to the procuring of any insurance Product, the Company gives no advice and makes no recommendations regarding the appropriateness or otherwise of the insurance product to the Hirer, or the additional rider, and Hirer and additional rider has received their own professional advice regarding the insurance product.

 

9.1 CONDITIONS OF COVER

 

To enjoy the benefits of this policy, it is expected that all reasonable care is taken towards protecting the Motorcycle, including but not limited to, maintaining roadworthy condition, avoiding exposure to untoward risk and safely securing the Motorcycle when not in use.  Failure to take reasonable care of the insured Motorcycle may result in claims being rejected and/or the policy being cancelled.  All changes to the condition of the Motorcycle or to the rider’s license, (endorsements, suspensions or cancellation), must be reported to Administration Plus (Pty) Ltd. Failure to report such changes may be cause for the denial of benefits and/or cancellation of this Policy.

 

9.2 WHAT IS NOT COVERED

Any claim incurred whilst the Motorcycle is being ridden by, or under the control of a person not a named driver in the schedule.

Any claim arising in which the Motorcycle is being used in contravention of any South African law including when the Motorcycle is driven without a valid SA license, the rider has a blood alcohol level over the legal limit, the rider refuses testing for such substances, or the rider unlawfully leaves the scene of an accident.

Any claim incurred off-road unless the Motorcycle is specifically designated as having off-road capabilities.

Detention, confiscation or requisition by customs or other officials or authorities.

Damage to tires by application of brakes or punctures, cuts, and bursts.

Damage to springs or shock absorbers dure to impact with inequalities on the road.

Any consequential loss as a result of any cause whatsoever.

Any claims arising from gradual deterioration or depreciation in value.

Any claim incurred while participating in speed contests, communal motorcycling events (rallies) or while performing or attempting to perform stunts.

Any subsequent damage/injury if the vehicle is used after an accident before the necessary repairs have been carried out.

Mechanical and/or electrical breakdown.

Any claim arising as the result of any transaction in connection with any exchange-, cash-, of credit-sale- transaction, including theft through false pretenses and/or fraud.

9.3 MISREPRESENTATION AND FRAUD

It is important to accurately and correctly disclose any material facts that could influence the cover of this insurance, and failure to do so may result in this policy being voided.  If any claim made under this policy is in any respect fraudulent, all benefits under this policy will be forfeited.

 

 

  1. FORCE MAJEURE

           

The Company shall not be liable to the Hirer for its failure to perform nor any delay n performing any obligation in terms of this Agreement in the event and to the extent that such failure or delay is caused by force majeure.

 

 

 

  1. CONSENT REGARDING THE PROCESS OF PERSONAL INFORMATION

 

By signing the Rental Agreement, the Hirer consents to –

 

11.1      the processing and further processing of his personal information by the Company or any of its operators or agents on the condition that they will secure the integrity and confidentiality of the Hirer’s personal information. The Hirer further accepts that the processing may involve the information being transferred to and maintained or stored on servers located outside the Republic of South Africa.

 

11.2      the collection of information by the Company from any other source to confirm and supplement the personal information which the Company has about the Hirer,

 

11.3      the retention by the Company of records of the Hirer’s personal information for as long as permitted for legal, regulatory, fraud prevention, financial crime and marketing purposes,

 

11.4      the Company conducting credit enquiries about the Hirer with any credit bureau or credit provider from time to time and providing the Hirer’s personal information, including details of any non-compliance and the way they conduct their account, to credit risk management services,

 

11.5      the Company to make use of the Hirer’s personal information provided to the Company for purposes of tracking and recovering (which includes triangulation of cellular phones in accordance with the RICA Act 70 of 2002) in the event that the Motorcycle is not returned to the Company at the end of the Rental Period,

 

11.6      the Company, its operators and/or agents, tracking the Motorcycle for purposes of monitoring the Hirer’s use of the Motorcycle and recovering the Motorcycle and the Company disclosing the tracking report to its insurance Company, the person responsible for payment, and/or any other third party having a legitimate interest,

 

11.7      the Company disclosing the Hirer’s personal information to the Company’s agents, the relevant traffic department or government institution for purposes of the redirection, collection or administration of any traffic fines or infringements concerning the use of the Motorcycle during the Rental Period,

 

11.8      the Company shall be entitled to carry out a credit check on the Hirer with one or more credit agencies who may retain a record thereof and the Company shall be entitled to record any default by the Hirer with any credit agency. Such records may be made available by the credit agency to third parties, in which case the Company shall not be held liable/responsible for any repercussions such disclosure may have on the Hirer. The Hirer agrees that the Company may disclose any information obtained by it because of the conclusion and/or breach of the Rental Agreement, including personal and additional information, to any person, including a credit bureau.

 

 

 

 

  1. GENERAL

 

12.1      This document contains the entire agreement between the parties, and the Company shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.

12.2      No variation, alteration, or addition to, or omission from this agreement is valid/binding unless done in writing and signed by all parties. The Hirer choses the address stated on the face of the agreement as a registered/legal address. The Company’s trading address is Marconi Centre, 460 Koeberg Rd, Montague Gardens, Cape Town, South Africa.

12.3      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, notwithstanding the subject matter of cause of action involved, or if the claim exceeds the jurisdiction of the Magistrate’s Court.

12.4      This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa.

12.5      A certificate signed by any director, manager or other senior employees of the Company shall be legal proof of any amount owing by the Hirer to the Company.

12.6      The Hirer may not withhold the return of the Motorcycle to the Company for any reason whatsoever, and any delay in returning the Motorcycle shall be deemed to be an extension of the rental period, and the Hirer will be liable for any and all charges levied in respect of such an extension.

12.7      In the event that the Company incurs expenses in recovering any monies due to it from the Hirer or any other person arising from this agreement, the Hirer will be liable for any costs and expenses incurred in doing so, on the attorney and own client scale, including but not limited to collection commission and tracing fees.

12.8      If the Hirer is not the Rider, then and in that event, without in any way derogating the Hirer’s obligations in terms of this agreement, the Hirer and Rider may be liable to the Company, jointly and/or independently for all and any amounts owing under or in terms of this agreement, including but not limited to damages.

12.9      By virtue of my signature on this agreement, I accept liability for all amounts that may become due and owing to the Company arising from this agreement.

12.10    The Hirer hereby consents and authorizes the Company or its nominated representative to undertake any enquiry the Company deems fit about the Hirer’s credit and or criminal record with any credit bureau, credit agency and/or any other third parties to confirm details of the Hirer as and when the need arises.

12.11    If for reasons beyond our control, the reserved Motorcycle is not available, the Company reserves the right to substitute a comparable or superior Motorcycle at no extra cost to the Hirer. This shall not constitute a breach of contract and does not entitle the Hirer to any form of refund or claim against the Company.

 

West Coast Motorcycle Rentals South Africa PTY Ltd reserves the right to amend the above terms and conditions.