Terms and Conditions
1. The Client hereby hires from Murway the vehicle as described in the rental form on the terms and conditions herewith. The Client may use the vehicle for the purpose of their business and for social domestic and pleasure purposes. The vehicles may not be used for any purposes for which they are not expressly designed. Further, the Client will not use or permit the vehicles to be used for hire, driving tuition, towing, racing, or for competing in any rally, or any other form of motor sport, or for any illegal purpose whatsoever.
2. Definitions and interpretation
2.1. “Additional Driver” means that person or person in addition to the Client nominated to be drivers of the vehicle and who are reflected as such in the agreement;
2.2. “Agreement” means this terms and conditions, the rental form, the fee schedule , the inspection sheet and any other documentation and forms completed by the Client with Murway;
2.3. “Client” the person accepting these terms and conditions and where the context so requires shall included reference to the Additional Driver;
2.4. “Fee schedule” means the fee schedule containing all the rates and charges;
2.5. “Murway” means Imperial Crown Trading 409 (Pty) Ltd t/a Murway Car Rental and Sales, incorporated under the Company laws of the Republic of South Africa with registration number 2010/016485/07;
2.6. “Premises” means corner of Belgravia and Lawson Roads, Athlone, Cape Town;
2.7. “Vehicle” means the vehicle or vehicles hired, and which may include any replacement vehicle or vehicles;
3. Additional Services
GPS Navigations and Baby Seats are available at an additional cost. Should you require a GPS (Global Positioning System) or a Baby Seat, arrangements are to be made prior to the collection of the vehicle.
4. Delivery and Collection
4.1. Delivery and collection of the vehicle is free within a 15 km radius of Murway’s premises (excl the airport which incurs a surcharge) if done within office-hours. Outside of this area and outside office-hours, a delivery & collection charge will apply.
4.2. Delivery and collection to the Airport will be subject to a surcharge.
4.3. For one-way travel, prior arrangements is to be made and will be subject to an additional charge.
The driver must be in possession of a valid, unendorsed driver’s license for the vehicle that is being rented. The License should be acceptable in South Africa, alternatively the driver is to be in possession of a valid International Driver’s License. The driver must have been in possession of a valid driver’s license for at least 2 (two) years and be at least 23 (twenty three) years of age. If the driver has a license for less than 2 years or is under the age of 23 years, double excess will be payable.
6. Conditions for using the vehicle
6.1. The vehicle must only be driven by the Client or any other additional driver listed on the rental form.
6.2. The Client or any other authorised driver must not:
6.2.1. use the vehicle for any illegal purpose;
6.2.2. use the vehicle for racing, or teaching someone to drive;
6.2.3. use the vehicle while under the influence of alcohol or drugs;
6.2.4. drive the vehicle outside of South Africa, unless we have given written permission;
6.2.5. load the vehicle beyond the manufacturer maximum weight recommendations;
6.2.6. use the vehicle or allow it to be used off road or on roads unsuitable for the vehicle;
6.2.7. the vehicle may not be used to tow another vehicle, boat or caravan, unless written permission has been obtained from Murway;
6.2.8. have the vehicle towed unless written authorization has been obtained from Murway;
6.2.9. rent the vehicle to any other third party;
6.2.10. allow for any mechanical or body repairs to be done to the vehicle;
6.3. The Client is required to:
6.3.1. Always lock the car and keep the keys in a safe place;
6.3.2. Inform Murway as soon as the Client discovers a fault on the vehicle;
6.3.3. Return the vehicle on the due date.
6.3.4. Inspect the vehicle prior to receiving the vehicle and to ensure the inspection sheet is completed listing any prior defect to the vehicle.
7. Deposit and Charges
7.1. A Security Deposit shall be payable. The amount of the deposit will depend on the vehicle hired and will be used as a security deposit in respect of:
7.1.1. payment towards any mechanical damage which is not covered by Murway’s Insurers, e.g., tyres, wheels, clutch, gearbox, which was sustained during the hire period, excluding normal wear and tear, due to misuse and abuse
7.1.2. As an insurance excess against any accidental damage or loss caused to the vehicle by a third party or the Client in accordance with the Insurance terms previously stated. The Client is liable for the amount shown as Excess Deposit.
7.1.3. Additional charges incurred during hire for excess mileage and, or, petrol/diesel reimbursement charges.
7.2. The vehicle will be supplied with a full tank of petrol or diesel. Failure to deliver the vehicle or upon the collection of the vehicle with a full tank, will render the Client liable for the cost of re-fuelling the vehicle and a surcharge.
7.3. The Client agrees to pay the following charges:
7.3.1. The rental for the particular vehicle as set out in the agreement.
7.3.2. An additional cost for use of a GPS or/ a baby seat where these items were requested by the Client.
7.3.3. A re-fuelling surcharge, where applicable.
7.3.4. A Contract fee.
7.3.5. An additional driver charge (where applicable).
7.3.6. A collection and/or delivery charge (where applicable).
7.3.7. An airport surcharge (where the vehicle is delivered to or collected from an airport).
7.3.8. Young driver surcharge (where the driver is under 23 years or has been in possession of a valid driver’s license for less than two years).
7.3.9. The cost of all traffic fines (Murway shall as far as reasonably practical inform you of the fine in order for you to contest same).
7.3.10. Should you fail to return the vehicle on the due date, the Client shall be liable to Murway for the additional period the vehicle was not returned to Murway. Should the Client fail to notify Murway of any extension to the rental period, the client herewith authorises Murway to immediately debit any charges to the Client’s account.
7.3.11. Where the vehicle was involved in an accident, a handling fee may be charged. Any towing cost, not covered by the Insurance Company shall be for the account of the Client.
8.1. Insurance cover is compulsory and an excess deposit is payable and which is refundable subject to no Insurance claim being made.
8.2. The Client may make use of his own Insurer to provide the required insurance cover. Prior arrangement is to be made with Murway and such acceptance of insurance will be subject to Murway’s discretion and additional terms they may impose. Should the Client’s insurance cover repudiate any claim the Client shall nonetheless be personally liable for the claim.
8.3. The insurance policy is available for inspection at Murway’s premises or a copy of the policy is available on request. By accepting this agreement the Client is accepting the terms of the Insurance policy. The Insurance policy does not, inter alia, cover claims in respect of:
8.3.1. Damage to the tires and rims;
8.3.2. Theft or damage to the GPS or baby seat;
8.3.3. Loss of the car keys including locksmith costs;
8.3.4. Loss or theft of personal belongings;
8.3.5. The failure to lock the vehicle;
8.3.6. Damage to paintwork where the vehicle was driven on a gravel road (off-road);
8.3.7. Personal injury to the Driver and/or occupants;
8.3.8. Medical expenses incurred;
8.3.9. Where the driver drove under the influence of drugs or alcohol or was involved in street-racing.
8.4. Should the Insurer repudiate any claim, or should the Client or additional driver fail to assist the Insurer or Murway with processing or furthering any claim, the Client will be held personally liable.
9. Damage to the Vehicle
9.1. Should the vehicle be involved in any accident or the vehicle has been stolen or parts thereof have been stolen, the Client shall immediately inform Murway thereof.
9.2. In the event of an accident, the Client shall:
9.2.1. Be obliged to immediately inform the Police of the accident and complete an accident report form, a copy of which is to be submitted to Murway (in terms of South African law this is to take place within 24 hours after the event has occurred).
9.2.2. Obtain the full name, Identity Number/s and contact details of any third party involved in the accident including the name and contact numbers of witnesses.
9.2.3. Assist the Insurer and Murway with any queries, reports and any legal proceedings that may take place as a result of the accident.
9.3. Any damage to the tires and rims will be for the amount of the Client, fair wear and tear exempted.
10.1. The Client hereby indemnifies and holds Murway, its employees and agents harmless against any loss, liability, damage (including special damages), expense or fine howsoever arising, including although not limited to arising as a result of the mechanical or other failure of the vehicle.
10.2. Murway’s liability is limited to a refund of the hire charge in all cases. If there is a mechanical breakdown of the car, Murway shall arrange for an alternative car where possible and will reimburse the cost difference for the hire of the substitute vehicle. Should Murway not have another vehicle available, Murway will reimburse the Client on a pro rata basis for the period for which the vehicle was not used.
11.1. Where the Client breaches any provision of this agreement Murway may immediately terminate the agreement and retake possession of the vehicle.
11.2. Any breach of this agreement may render the Client personally liable where, including but not limited to the following circumstances:
11.2.1. Driving under the influence of drugs or alcohol above the legal limit (as allowed under South African law);
11.2.2. Violating local traffic laws and regulations;
11.2.3. Allowing an unauthorized person or persons to drive the vehicle;
11.2.4. Towing the vehicle without the written consent obtained from Murway;
11.2.5. Having mechanical or body repairs done on the vehicle without the written consent obtained from Murway;
11.2.6. Tampering with the speedometers of the vehicle;
11.2.7. Driving the vehicle on a terrain not suitable for the vehicle;
11.2.8. Failing to assist Murway, its insurers or the traffic/police authority in any way whatsoever regarding any incident relating to the vehicle;
11.2.9. Failing to return the vehicle on the return date;
11.2.10. Taking the vehicle across the borders of South Africa without the written permission being obtained from Murway.
Should the Client cancel the contract within 48 hours prior to the vehicle was to be collected, the Client shall be liable to pay a cancellation fee amounting to 50% of the contract value. In any other case, the Client shall be liable to a cancellation fee up to 50% of the contract value. The cancellation fee may be reduced should Murway be able to rent the vehicle to another Client ver the contract period.
13. Juristic Person
Where the Client is a juristic person, the vehicle shall only be driven by persons designate on the Rental form. The natural person signing on behalf of the juristic person warrants his/her authority to sign on behalf of the juristic person.
14. Choice of law and forum
The law governing this agreement shall be South African law, and the parties consent to the jurisdiction of the High Court of South Africa (Western Cape High Court) or any other division which may have jurisdiction, to hear any dispute which may arise under this agreement. Notwithstanding the aforementioned, the parties consent to the jurisdiction of the Magistrates Court irrespective where the amount in question exceeds the jurisdictional threshold of the Magistrates Court.
15. Legal Costs
Should either party institute proceedings in a Court of law against the other defaulting party, the defaulting party shall be liable to the other party for all legal costs on an attorney client scale, which costs shall include any tracing fees and collection commission, subject to a cost order being granted against the defaulting party.
16. Data Protection
Notwithstanding any Data Protection laws, you hereby agree that Murway may furnish your personal information to any Traffic Department and Credit Bureau (in the event of any default in respect of your obligations to Murway).
Neither party shall be entitled to cede its rights, delegate its obligations or assign its rights and obligations under this agreement without the prior written consent of the other party
18. Non Waiver
This agreement constitutes the entire agreement between the parties and no variation or waiver of any of the provisions of this agreement made by Murway, unless reduced to writing shall be binding on Murway.