RENTAL AGREEMENT
Renter hereby rents to the Rentee identified on page 1, the vehicle described, Subject to all the terms and provisions of the Agreement.
1. DRIVERS
a) In no event shall the Vehicle be used, operated or driven by any person other than;
i. The Rentee,
ii. Qualified licensed drivers at least 21 years of age who have Renter’s advance permission to use the Vehicle, or
iii. Names that appear as additional drivers on Page 1 hereof,
ii. Qualified licensed drivers at least 21 years of age who have Renter’s advance permission to use the Vehicle, or
iii. Names that appear as additional drivers on Page 1 hereof,
b) Drivers must produce a valid driver’s license and a form of Identification; ID or Passport, at the time of rental start. The minimum required age for a driver is 25.
c) Multiple drivers per one vehicle can register at the time of booking or at vehicle pick up.
2. PROHIBITED USE
The Vehicle shall not be used:
a) For the transportation of persons for compensation;
b) In no event shall the Rentee sub-rent or re-lease the vehicle to another person or corporation
c) In any race, test, or competitive event;
d) Outside the republic of Namibia without first obtaining Renter’s written permission;
e) By any person not specified in Paragraph 1 above;
f) In violation of any federal, state, or local laws;
g) While under the influence of intoxicants or drugs;
h) To push or tow;
i) The Renter shall not authorize and/or agree to the towing of the Vehicle, without prior consent of the Company;
j) If further use of the Vehicle would cause damage in the event of; (i.e. warning light on, flat tire, steam rising from engine). If any of such incidents may occur while the vehicle is in use, the driver should immediately stop using the vehicle to avoid causing further damages;
k) To carry hazardous or explosive substances;
l) To transport a total Vehicle and payload weight in excess of the gross Vehicle weight as specified on the Vehicle. The Rentee is responsible for ensuring that the total weight of the vehicle and the payload being transported does not exceed the weight limit specified by the vehicle manufacturer;
m) To drive in or through a structure where there is insufficient clearance, whether of height or width - or off regularly maintained roadways;
n) To drive Vehicle if cargo is improperly and/or not secured.
GENERATION INFORMATION:
a) Mandatory charges can upon election by Renter include a contract fee, drop off fees, compulsory damage waiver, traffic fine administration fee, accident/damage administration fee, the holding deposit and an additional driver or young driver charge.
b) Young driver-surcharge will apply if the driver is younger than Twenty-One (21) years. The Young driver must be in possession of a valid driver’s license for a period of more than One (1) year.
c) Rental days are calculated per day (24 hours) from the time of rental start till rental end. The minimum rental period is three (3) days.
d) Extensions of the rental period must be arranged with Joan Car Hire at least 48 hours before the agreed date of rental termination as stated on the Rental Agreement.
e) Long term and one-way rentals are available on request
f) The Renter’s speed is regulated at a maximum of 60km per hour on a gravel and/or dirt road, irrespective of road signs. The Renter shall not exceed the speed limit of 120km per hour on our national roads or as indicated by road signs.
g) If the Vehicle is obtained from Renter by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all use of the Vehicle is WITHOUT RENTOR’S PERMISSION.
NB: The foregoing conditions are cumulative and each of them shall apply to every use, operation or driving of the Vehicle.
3. RETURN OF VEHICLE
a) This Agreement is one of rental only.
b) The Vehicle is the property of the Renter and shall be returned to the Renter’s address or at a place designated by Renter and on the date shown on Page 1 or earlier if demanded, together with all tires, tools, accessories, and equipment in the same condition as when received, ordinary wear and tear expected. Failure to return the Vehicle to the place, and on the date as set forth in this Agreement, will terminate the Renter’s permission for the Rentee to use the Vehicle and thus will terminate the extension of all insurance coverage herein provided.
c) If the rented Vehicle is returned to Renter at any place other than that listed herein, Rentee agrees to pay all expenses incurred by Renter to have the Vehicle returned.
d) Renter or any of its agents or employees, may peacefully repossess the Vehicle without demand wherever found and terminate this Rental Agreement if the Vehicle is illegally parked, is used in violation of law, or in violation of the Agreement, or was abandoned. Renter shall not in any way be liable to Rentee for damages resulting from such repossession nor shall it be responsible for the loss or damage to any property of Rentee contained therein.
e) ALL THE EXCESS DUE TO RENTEE SHALL ONLY BE REFUNDED WITHIN 72 HOURS OR THREE (3) WORKING DAYS PERIOD AND NO EXCEPTION SHALL BE NEGOTIATED.
4. AMOUNTS DUE RENTOR
Rentee shall pay Renter on demand:
(a) Basic or minimum rate, service and other charges shown on Page 1 hereof:
(b) Refueling charge if the Vehicle is returned with less fuel than when rented and, as indicated on Page 1 hereof, the rate does not include fuel. The Renter shall confirm if tank is entirely filled to its capacity.
(c) Rentee is responsible for fuel, weight, and road use permits;
(d) All fines, fines for toll violations/invasions, penalties, forfeitures, citations, impound fee, towing and storage, court costs and out-of-pocket expenses plus any other cost incurred by Renter with respect to Rentee’s use of the Vehicle including parking, traffic, or other violations assessed against Renter, the Vehicle, or Rentee, unless due to Renter’s fault;
(e) Renter’s costs and expenses including reasonable attorney fees (unless prohibited by law), incurred in collecting any payments due hereunder or in repossessing the Vehicle;
(f) Renter’s costs and expenses resulting from loss or damage to the Vehicle while on rental, whether or not due to Rentee’s fault;
(g) Rentee gives Renter permission (direct expressed consent, clear, definite and unequivocal) to contact Rentee using any existing technology (or as otherwise provided or limited by applicable law).
5. VEHICLE INSURANCE:
a) Renter provides liability coverage for persons using the Vehicle with the permission of the Renter, as provided for in Paragraph 1 thereof (and not otherwise), in accordance with the provisions of an automobile liability insurance policy with limits equal to the minimum requirements of any applicable state financial responsibility law or other similar law or statute.
b) All coverages afforded under this Agreement are applicable only after all other valid and collectible insurance (whether primary, excess or contingent) has been paid and exhausted to the full limits of all such policies.
c) Unless required by law, the policy does not include No- Fault, Supplemental No-Fault, Uninsured/Underinsured Motorists coverage or other optional coverages, and Rentee hereby rejects such coverage to the extent permitted by law. Where such coverages are required by law, they are provided at the minimum required limits.
d) TYRE AND WINDSHIELD WAIVER INSURANCE
i) Rentee has the option to purchase the Tyre and Windshield Waiver coverage for an additional fee. This provides protection for damage to the vehicles tyre’s and windshield.
ii) If the Rentee declines the Tyre and Windshield Waiver coverage and damage occurs to the tyre’s or windshield during the rental period, the Rentee will be responsible for the full cost of the repairs or replacement.
iii) Cover includes damage to the:
Windscreens;
Four tyre’s including the spare tyre.
d) TYRE AND WINDSHIELD WAIVER INSURANCE
This car insurance contract includes the option to purchase Super Waiver coverage for an additional fee. The terms and conditions of this coverage are outline below:
1.1. The Super Wavier coverage is designed to protect you from incurring the full cost of repairs or replacement of the rented vehicle in case of any damage or theft during the rental period.
1.2. If you declined the Super Waiver coverage and any damage or theft occurs to the rented vehicle during your rented period, you will be responsible for paying the full cost of repairs or replacement of the rented vehicle.
1.3. If you opt for Super Waiver coverage and any damage or theft occurs to the rented vehicle during your rental period, we will cover the cost of repairs or replacement, up to the maximum amount specified in the rental agreement.
1.4. The Super Waiver coverage applies only to damage or theft that occurs during the rental period and while the vehicle is being driven on public roads. Damage or theft caused by off-road driving or other prohibited uses is not covered.
1.5. Any damage or theft to the rented vehicle must be reported to us as soon as possible
NB: THE SUPER WAIVER INSURANCE COVER HAS A HIGHER DAILY RATE AND A LIMITED EXCESS OF N$18000 IN CASE OF INVOLUNTARY ACCIDENTS OR WRITE-OFF, SUBJECT TO REVIEW OF THE ACCIDENT IF FOUND. IF THE DAMAGE IS UNDER N$18000, THE CLIENT IS LIABLE FOR THE DAMAGES.
1.1) A MINIMUM DEPOSIT OF N$5000 NEED TO BE SETTLE BY CLIENT SUBJECTED TO OUR TERMS AND CONDITIONS.
1.2) Super WAVIER does not apply to certain types of damages such as undercarriage of the vehicle or any sort of NEGLIGENCE.
f) STANDARD WAIVER INSURANCE
1.1) With Standard Waiver Insurance, if any damage or theft occurs to the rented vehicle during the rental period, the Renter’s financial responsibility will be limited to the excess/ deductible amount specified in the rental agreement. This means that the renter will not have to pay for the full cost of repairs or replacement of the rented vehicle, up to the maximum amount specified in the rental agreement.
1.2) If the renter declines the Standard Waiver Insurance, they must be responsible for paying the full cost of repairs or replacement of the rented vehicle, up to the maximum amount specified in the rental agreement
1.3) NB: STANDARD COVER INSURANCE HAVE A 10% LIABILITY INCASE THE CAR IS WRITTEN OFF.
AN AMOUNT OF N$ 7000 AND ALL DAMAGES BELOW N$ 18000 CLIENT WILL BE LIABLE.
STANDARD WAIVER does not apply to certain types of damages such as undercarriage of the vehicle or any sort of NEGLIGENCE
g) ZERO EXCESS COVERAGE
This insurance cover waivers the Rentee’s responsibility for any excess or deductible amount in case of damage or theft to the rental vehicle during the rental period
1.3) The Rentee must comply with applicable laws and regulations during rental period
1.4) The Rentee must report any damage or theft to the Rental company immediately
1.5) Zero Excess Insurance Cover does not cover damage or loss caused by intentional reckless conduct, or using the vehicle in violation of the rental agreement
1.6) The Rentee remains liable for any damage or loss caused by a breach of the rental agreement or any application law or regulation.
1.7) The Rental Company reserves the right to cancel or modify this insurance coverage at any time
1.8) Zero excess coverage does not apply to certain types of damages such as undercarriage of the vehicle
6. VEHICLE INSURANCE FROM JOAN CAR HIRE
If there is no violation of the contract, the rentee and any authorized driver will be provided with a standard liability insurance which is limited to the minimum financial responsibility of limits required by the insured. Such insurance shall be excess over any and all other collectible insurance.
Rentee waives uninsured and underinsured motorists, no-fault and all other optional coverages, but if such coverage cannot be excluded or waived, rentee agrees such coverage shall be limited to the minimum requirements of the rental agency.
RENTOR’S POLICY SHALL NOT PAY:
(a) to any obligation for which the Rentee or any driver of the Vehicle or the employer of either or any insurance carrier may be held liable under any Worker’s Compensation or disability benefits or similar law;
(b) To any obligation assumed by the Rentee or any driver under any expressed or implied contract;
(c) To any liability of Rentee or any driver, or employer of either, arising while the Vehicle is being used in violation of the terms and provisions of this Agreement;
(d) Unless otherwise required by law, to medical payments required by persons sustaining injuries while riding or alighting from or getting into or on the Vehicle.
RENTOR’S POLICY SHALL NOT PAY:
Indemnity means protection against financial loss or liability. It is a contractual obligation in which one party agrees to compensate or reimburse the other party for any losses or damages that may occur.
a) Rentee releases and holds the Rental company, its agents and employees, harmless from all claims for loss or damage to any property of Rentee or any other person left in, on, or about the Vehicle, either before or after its return to the Renter or on Renter’s premises without regard to any negligence by Renter or any of its agents or employees.
b) Rentee shall defend, indemnify and hold harmless Renter from and against any and all losses, liabilities, damages, injuries, claims, demands, costs and expenses, arising out of the use or possession of the Vehicle including, but not limited to any and all fines, penalties, and forfeitures imposed under any Federal, State, Municipal, or other statute law, ordinance, rule, regulation, or insurance policy provision, and to the extent not covered by insurance any claims of, or liabilities to, third persons arising out of the abandonment, conversion, secretion, concealment, or unauthorized sale of the Vehicle by Rentee or its drivers, agents or employees, or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the Vehicle.
c) Additionally, Rentee shall indemnify and hold Renter harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of bodily injury, death, or property damage arising out of the use or operation of the Vehicle.
8. NO AGENCY
Neither Rentee nor any other driver of the Vehicle shall be or is deemed to be the agent, servant, or employee of the Renter for any reason or for any purpose. During the term of this Agreement, Rentee shall completely assume full responsibility for the Vehicle to the public and any regulatory body having jurisdiction.
9. REPAIRS:
Rentee shall not permit any repairs to the Vehicle or suffer any lien to be placed upon it without Renter’s consent. Rentee shall be liable for any such repairs.
10. ACCIDENTS
a) Rentee shall immediately report any accident to Renter and deliver to Renter or its insurer every process, pleading, notice, or paper of any kind received by Rentee or any driver of the Vehicle relating to any claim, suit or proceeding connected with any accident or event involving the Vehicle.
b) Neither Rentee nor any driver of the Vehicle shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with Renter and its insurer in investigating and defending the same.
11. CREDIT CHARGES
In the event Rentee directs Renter to bill charges hereunder to any other person, or organization, such person or organization and Rentee shall be jointly and severally liable for all such charges.
RENTEE EXPRESSLY AUTHORIZES RENTOR TO PROCESS A CREDIT CARD VOUCHER,
IF ANY, IN HIS NAME FOR CHARGES MADE HEREUNDER.
All vehicles are hired subject to our Terms & Conditions. IF ANY, IN HIS NAME FOR CHARGES MADE HEREUNDER.
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INFORMATION
OPENING TIME
Monday - Friday: 08:00 - 17:00
Saturday - Sunday: 09:00 - 14:00
