Terms and Conditions for Vehicle Rental
1. Definitions
- Renter: The individual or entity renting the vehicle as named in the rental agreement.
- Owner: Atlas Car Hire cc t/a Tortoise Car Hire and AutoHireSA Car Rental (referred to as "we," "us," or "our"), which owns and provides the vehicle for rental.
- Vehicle: The car, van, SUV, or other motorized vehicle described in the rental agreement, including any accessories such as GPS devices, child seats, or other add-ons provided.
2. Eligibility
2.1 Age Requirements
The renter and any additional drivers must meet the minimum age requirement of 21 years. Drivers under 21 may incur an additional surcharge (Young Driver Fee).
2.2 Driver’s License
The renter and all additional drivers must present a valid, unexpired driver’s license issued by their country of residence or an international driving permit if required.
2.3 Payment and Identification
The renter must provide a valid credit card in their name for payment and a government-issued photo identification document (passport, national ID, etc.).
3. Rental Period
3.1 Start and End Times
The rental period begins at the date and time specified in the agreement and ends when the vehicle is returned to the designated return location or as otherwise agreed.
3.2 Extensions
If the renter needs to extend the rental period, they must notify the owner at least 1 day in advance. Approval of extensions is subject to vehicle availability and may incur additional charges.
3.3 Early Returns
If the renter returns the vehicle before the scheduled end of the rental period, no refund will be issued unless explicitly agreed upon.
3.4 Late Returns
Late returns without prior approval will incur an extra days rental if exceeding the normal 2 hour grace period and may be treated as a breach of this agreement.
4. Vehicle Condition and Usage
4.1 Condition at Pickup
The vehicle is provided in clean and roadworthy condition. A vehicle inspection form will be completed and signed by both parties at the time of pickup.
4.2 Permitted Use
The renter agrees to use the vehicle for lawful purposes only and not to:
- Operate the vehicle under the influence of alcohol, drugs, or any impairing substances.
- Use the vehicle for racing, off-road driving, or towing.
- Sub-rent, lease, or lend the vehicle to unauthorized persons.
- Exceed passenger or cargo limits as specified by the manufacturer.
4.3 Prohibited Locations
The vehicle may not be driven outside the designated geographic area as stated in the agreement (e.g., international travel without prior approval).
4.4 Care of Vehicle
The renter is responsible for maintaining proper care of the vehicle, including checking fluid levels, tire pressure, and promptly reporting any mechanical issues to the owner.
5. Payment Terms
5.1 Rental Charges
The renter agrees to pay all charges associated with the rental, including:
- Daily or hourly rental rates.
- Km fees if applicable.
- Additional fees for requested add-ons or services.
5.2 Security Deposit
A refundable security deposit of between R2500 and R15 000, depending on the vehicle chosen, will be collected at the time of rental. The deposit will be refunded within 7 days after the vehicle is returned, less any deductions for damages, missing items, or other violations.
5.3 Fuel Policy
The vehicle must be returned with the same fuel level as provided. Failure to do so will result in a refueling fee of R100.00
The renter is responsible for all tolls, parking tickets, speeding fines, and other penalties incurred during the rental period. An administrative fee of R450.00 will be charged for processing such violations.
6. Insurance and Liability
6.1 Included Insurance
The rental includes basic insurance coverage details, e.g., collision damage waiver and third-party liability insurance
6.2 Optional Insurance
Additional insurance options, such as full coverage or personal accident insurance, are available for purchase and are recommended for comprehensive protection.
6.3 Damage and Loss
The renter is liable for:
- All damages to the vehicle, including theft, unless covered by insurance.
- Repair costs or replacement value for damages caused by negligence or misuse.
6.4 Insurance Exclusions
Insurance does not cover:
- Damages caused while driving under the influence.
- Unauthorized drivers or uses.
- Damage to the interior of the vehicle or personal belongings.
7. Accidents and Breakdowns
7.1 Reporting Accidents
In the event of an accident, the renter must:
- Notify the police and obtain an official report if required by law.
- Contact the owner immediately and provide a detailed description of the incident.
7.2 Breakdowns
If the vehicle breaks down during the rental period:
- Contact the owner for roadside assistance.
- Unauthorized repairs or towing are not permitted and will not be reimbursed.
8. Cancellations and Refunds
8.1 Cancellation Policy
- Standard Cancellations Cancellations made more than 24 hours before the commencement of the rental period will receive a full refund of any amounts paid. Where payment was made by credit or debit card, the applicable card processing fee will additionally be retained and not refunded, to cover costs already incurred by us
- Peak Season Cancellations (Easter & December Holidays) Rentals booked during Easter and December holiday periods require a non-refundable deposit of R500.00 at the time of booking. Should you cancel for any reason, this deposit will be forfeited. Any amount paid above the R500.00 deposit will be refunded in full, provided cancellation is made more than 24 hours before the rental commencement date. Where payment was made by credit or debit card, the applicable card processing fee will additionally be retained and not refunded, to cover costs already incurred by us.
- Late Cancellations & No-Shows Cancellations made less than 24 hours before the rental commencement date, or failure to collect the vehicle without prior notice (no-show), will incur a cancellation fee equal to 2% of the total rental amount. Where payment was made by credit or debit card, the applicable card processing fee will additionally be retained and not refunded, to cover costs already incurred by us.
8.2 Refund Conditions
Refunds for early returns, rental downgrades, or other changes are not guaranteed and are at the sole discretion of the owner.
9. Termination of Agreement
9.1 Breach of Terms
The owner reserves the right to terminate this agreement and repossess the vehicle if the renter violates any terms and conditions.
9.2 Repossession
If the vehicle is repossessed due to a breach, no refund will be issued, and additional charges may apply.
10. Additional Terms
10.1 Personal Belongings
The owner is not responsible for loss, theft, or damage to personal belongings left in the vehicle.
10.2 Force Majeure
The owner is not liable for delays, cancellations, or interruptions due to circumstances beyond their control, such as natural disasters, strikes, or governmental actions.
10.3 Amendments
The owner reserves the right to amend these terms and conditions at any time. Changes will be communicated to the renter before they take effect.
11. Governing Law
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 where applicable.
In the event of a dispute arising from or in connection with this agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation within 14 days of the dispute being raised. Should the matter remain unresolved, either party may refer the dispute to a mutually agreed mediator before pursuing formal legal proceedings.
Should litigation become necessary, the parties consent to the jurisdiction of the Magistrate's Court of George, Western Cape, or the Western Cape High Court, depending on the nature and value of the claim.
12. Agreement and Acknowledgment
- By signing this agreement, the renter acknowledges that they have read, understood, and agreed to these terms and conditions.
By using our website or services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.