TERMS AND CONDITIONS FOR HIRE
Please note that these are important conditions limiting your rights and should be read carefully.
1 DEFINITIONS AND INTERPRETATIONS:
In this agreement, unless context indicates otherwise:
1.1 “DAMAGES” (in relation to the vehicle) means the actual expenditure in towing, transporting and storing the vehicle, repairing any damage, replacing parts and / or accessories, remunerating an expert to inspect any incident and report thereon, and reimbursing such expert or any other charges incurred related to an incident of whatsoever nature;
1.2 “HOUR” means a period of SIXTY (60) minutes (or any part thereof), calculated from time out as reflected on the vehicle booking;
1.3 ”EXTEND” means any extension of the rental period authorized by CLIQ
1.4 “FIRST AMOUNT PAYABLE OR EXCESS” means the first amount that the Renter is responsible to pay in respect of any damages that may result in a claim;
1.5 “CLIQ” means CLIQ Rentals (Pty) Ltd, carrying on business from Ground Floor Block 1 Brookend Office Park, 30 Brookend Close, Sunningdale, 4051, Umhlanga, KZN, ALTERNATIVELY any CLIQ Franchise carrying on business at the address as illustrated any company supplying motor vehicles to CLIQ for rental via CLIQ.
1.6 ‘RENTAL PERIOD” means the period between the date and time out and the termination date and time as specified on the Kiosk/App, or if such period is extended, the date and time entered on CLIQ records of rental;
1.7 “TOTAL LOSS” means- (a) damages where the estimated costs of repairs is such that the vehicle is, in the sole and absolute discretion of CLIQ and/or third party suppliers and/or insurers, uneconomical to repair in relation to the value of the vehicle and condition of the vehicle for the time being; or (b) when the vehicle is stolen and/or lost. The amount of the total loss will be retail value as reflected in the Mead and Mc Grouther’s publications or if not reflected therein, the new list price of the vehicle, as supplied by the manufacturer, as at the date of lossless any salvage;
1.8 “VEHICLE” means the motor vehicle described on the face hereof including, all RF Cards, tyres, tools, equipment and documents in and on the vehicle when the Renter takes delivery of the vehicle and includes any replacement vehicle which has been officially authorised by CLIQ whether or not such replacement vehicle was authorised or approved by the renter.
2 RENTAL / DELIVERY / USE / RETURN OF VEHICLE:
2.1 CLIQ rents to the Renter, who hires the vehicle subject to these terms and conditions applicable at the time of the rental. The Renter will be bound by these terms and conditions, whether he was driving / responsible or not;
2.2 Delivery and transfer of the risk in and to the vehicle shall occur at the time and place that the Renter or his duly authorized representative, or the additional driver takes possession of the RF Card or gains access via the App and/or vehicle at the renting location;
2.3 The vehicle shall be deemed to have been delivered to the Renter in good order and repair without any damage to, but shall not be limited to, the paintwork, upholstery, tyres, rims and accessories unless such damage is recorded in writing and signed by CLIQ and the Renter. The Renter, by appending his signature to the vehicle checklist, acknowledges that he was afforded a reasonable time to inspect the vehicle. The vehicle will be fully fueled for the convenience of the Renter
2.4 The vehicle may be utilized by the Renter for the rental period or any extended period as agreed by CLIQ;
2.5 The Renter agrees that any extension so noted by CLIQ’s records would correctly reflect such extended period as agreed by CLIQ;
2.6 During the rental period the vehicle may not be used: 2.6.1 For the conveyance of passengers/ goods for a reward; 2.6.2 To propel or tow any other vehicle (including a caravan or a trailer) 2.6.3 Beyond borders of the Republic of South Africa, unless authorized by CLIQ in writing; 2.6.4 To transport goods in violations of any customs laws or in any other illegal manner, in any motorsports or similar high-risk activity. In this regard the Renter undertakes to adhere to the Traffic Rules and Regulations of the Republic of South Africa; 184.108.40.206 The vehicle may be fitted with a vehicle management system, which will limit the use of the vehicle by prohibiting the Renter to exceed the speed limit assigned by the Traffic Directorate of the Republic of South Africa to each registered route in the Republic. 220.127.116.11 Should a route not be registered; the speed of the vehicle will be limited to 80km/h; 18.104.22.168 CLIQ, by way of the above-mentioned vehicle management system shall be able to but not limited to, monitor the vehicle’s usage, speeds and whereabouts at all times; 22.214.171.124 CLIQ shall be entitled to use such information (including in court proceedings) as it deems fit. CLIQ shall be entitled to terminate this agreement based on any of this information, should same demonstrate a material breach of these terms and conditions;
2.7 The Renter shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the generality of same, shall keep the vehicle properly locked and secured and immobilized and the burglar alarm (if any) must be activated and any anti-theft device in the vehicle must be properly secured and in place when the vehicle is not in use;
2.8 The Renter will ensure that the RF Card of the vehicle is under the Renter’s control at all times;
2.9 CLIQ will at all times remain the owner of the vehicle where an outside company has supplied a vehicle for CLIQ’s use, the outside company will remain the owner of the vehicle;
2.10 The Renter shall return the vehicle, at the Renter’s expense, to location agreed to by CLIQ;
2.11 The Renter acknowledges that failure to return the vehicle in terms hereof, shall constitute illegal possession by him, and CLIQ may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by CLIQ to retrieve the vehicle will be for the account of the Renter;
2.12 The vehicle shall be returned to CLIQ in the same condition as received, that being undamaged, in good order and in roadworthy condition, fair wear and tear is expected;
2.13 The sole risk of loss or damage to the vehicle will remain vested in the Renter until such time as CLIQ has recorded the return of the vehicle;
2.14 It is the responsibility of the Renter to ensure that the vehicle is fully refueled when returning the vehicle; failure to do so will result in CLIQ refueling and charging the Renter for the fuel.
2.15 CLIQ reserves the right to rent out third party owned vehicles should the need arise for any reason. CLIQ has the relevant agreements with these third parties in place. As such the renter agrees that the Terms and Conditions of rental apply to any third party’s vehicles being rented as though they are owned by CLIQ.
2.16 Should the need arise for CLIQ to call out any 3rd party ie locksmith,auto electrician etc to attend to a flat battery of the rented vehicle due to lights and or radio being left on during or directly after the rental period the renter will duly be charged a call out fee in this regard. This fee will be charged at a once off flat rate of R350.
2.17 Should the renter choose the branches that can incur additional costs if selected as a drop off location, they agree to a surcharge in this respect. Further-more in this instance the renter agrees to leave the applicable parking ticket in the vehicle after the rental is complete. Should the parking ticket not be in the vehicle upon collection by CLIQ staff, the renter will be charged for the lost ticket and any parking tariffs. This will also include any lapsed time CLIQ may need to obtain a replacement parking ticket.
3 TERMINATION/ CANCELATION/ EXTENSION OF RENTAL;
3.1 Notwithstanding anything to the contrary contained herein, CLIQ, as well as the Renter, shall be entitled to terminate this agreement for any material breach by the other party by written notice to the Renter/CLIQ, whereupon the Renter shall immediately return the vehicle to CLIQ. In the event of such failure to return the vehicle to CLIQ, CLIQ shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Renter and the rights of CLIQ, as the owner of the vehicle, shall continue in full force and effect until the vehicle has been returned to CLIQ in terms of this agreement and the Renter has complied with all his obligations. Any costs incurred by CLIQ to retrieve the vehicle will be for the Renter’s account;
3.2 In the event that the Renter returns the vehicle to CLIQ subsequent to the termination of the rental period as specified, the Renter will be deemed to have extended the rental period subject to the same terms, conditions and charges applicable herein, up until the vehicle is returned to CLIQ.
4 THE RENTER
4.1 The vehicle may only be driven by the Renter;
4.2 The Renter warrants that at all times the vehicle will not be driven by any person other than him/herself as authorized in terms of this agreement. Every person driving the said vehicle will comply with all applicable laws and will comply in all respects with the provisions of this agreement;
4.3 If the vehicle is driven by anyone other than the Renter, then, without derogating from any rights or remedies which CLIQ may have, the Renter shall remain liable for all his obligations in terms of this agreement, and in particular, he shall be liable to CLIQ as if he had been the driver of the vehicle;
4.4 The Renter warrants that he is entitled and has the capacity to enter into the agreement and that all particulars given to CLIQ and/or recorded on the rental agreement are true and correct.
5 RENTAL RATES AND CHARGES
5.1 The Renter agrees to pay CLIQ the rental rates plus all other charges and fees opted for and utilized by the Renter as contemplated herein and up until the vehicle is returned to CLIQ;
5.2 Rental rates, charges and fees will be calculated for the whole of the rental period (including any extended period as agreed by CLIQ) at the rates and on the basis set out herein including all taxes levied on any amount payable by the Renter;
5.3 In determining the rental charges, the distance travelled by the vehicle shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by CLIQ in its sole and absolute discretion, or any other fair and reasonable basis and the Renter shall be obliged to furnish such information and assistance as CLIQ may reasonably require for that purpose. If the odometer has been tampered with, then the kilometers travelled will be deemed to be 500(five hundred) kilometers per day;
5.4 The Renter shall be liable for all fines, penalties and like expenses including but not limited to parking, traffic and other expenses, arising out of or concerning the use of the vehicle during the rental period and the Renter accordingly indemnify CLIQ against any liability resulting there from.
6.1 All payments are due on demand. All charges payable by the Renter shall be payable by credit card;
6.2 The Renter will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever;
6.3 In the event that the Renter returns the vehicle to CLIQ prior to the termination of the rental period as specified herein, the Renter will pay, at the discretion of CLIQ, either the usual rates and charges applicable to the rental period and/or all kilometers actually used, or the rates and charges as if the full rental period was fulfilled and/or kilometers occurred.
6.4 In the event of an incident and/or if the vehicle is stolen and/or lost, the amount of the damages and/or total loss as suffered by CLIQ is payable by the Renter immediately on demand by CLIQ or its duly authorized supplier;
6.5 The Renter shall be obliged to accept the quotation for repairs as proof of quantum for the damages caused to the vehicle. The Renter, by signing the rental agreement, accepts full responsibility for the damages incurred for which he is liable. The Renter agrees that if payment is to be made by credit card, his accepting the Terms and Conditions on the rental agreement shall constitute authority to debit his credit card for the total amount due including his full liability for any damages incurred.
6.6 If any amount is not paid on due date, CLIQ may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable legal rate or prime as charged by financial Institutions (whichever is the higher), and in the sole discretion of CLIQ;
6.7 A certificate of a Director, manager or accountant of CLIQ as to any amount owed by the Renter to CLIQ shall constitute sufficient (prima facie) proof of that amount.
6.8 The Renter shall be liable for all Attorney and Own Client costs incurred by CLIQ in instructing its Attorneys to recover any outstanding amounts not paid by the Renter.
7 RENTER’S RISKS AND LIABILITIES
7.1 The supplier of the vehicle to CLIQ shall have duly insured the vehicle, under a standard insurance policy, at the time this agreement is entered into, thus affording cover should there be an incident resulting in damage and/or total loss to the vehicle.
7.2 The Renter hereby undertakes to pay any excess due under such insurance policy held by CLIQ as a result of such incident but the excess due will be up to a maximum of R15 000.00 (fifteen thousand Rand);
7.3 This R15 000.00(fifteen thousand Rand); is payable by the Renter whether or not the damage is attributable to the fault or negligence of the Renter. The Renter shall be refunded the excess paid only if CLIQ insurers are successful in recovering it from the third party.
7.4 In the event of CLIQ insurers repudiating the insurance cover as a result of the renter’s negligence then the renter shall be liable for any damage/and or total loss sustained to the vehicle howsoever the damage and/or total loss is caused.
7.5 In the event of the renter requiring a baby seat for the rental period, this may be rented from CliQ. The responsibility of the fitment of the baby seat lies solely with the renter. CliQ accepts no responsibility or liability in any way or form for any incident arising from the fitment of the baby seat.
8 PROCEDURE IN THE EVENT OF AN INCIDENT INVOLVING THE VEHICLE;
8.1 The Renter shall notify CLIQ immediately becoming aware of the incident and shall within TWENTY-FOUR (24) hours of the occurrence, complete and furnish to CLIQ, CLIQ’s Standard Claim Form;
8.2 The Renter shall obtain the names and addresses of all parties involved in the incident including the names and addresses of any witnesses to the incident;
8.3 The Renter shall not admit or claim responsibility of liability or release any party from any liability or potential liability, nor settle any claim or potential claim or potential claim against or by any party nor accept any disclaimer or liability;
8.4 The Renter shall report any incidents of any nature to the Police within TWENTY-FOUR (24) hours after its occurrence and the Renter shall furnish CLIQ a reference, case or docket number;
8.5 The Renter will co-operate with CLIQ and its insurers, which shall include, but shall not be limited to, any investigation, claim or action;
8.6 In the event of an incident/ accident which requires the vehicle to be towed, the Renter shall contact the following numbers: CLIQ – 086 176 4261 OFFICE – (031) 767 1224 CHRIS – 082 469 5249 KYLE – 072 197 0934 report the issue before having the vehicle uplifted/ towed. All towing costs are for the Renters account.
9 INDEMNITY OF CLIQ BY RENTER;
Neither CLIQ nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the rental by the Renter of the vehicle, including without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of CLIQ to detect defects in or mechanical problems with the vehicle and whether such loss or damage results for breach of contract or delict, including negligence or otherwise which may be suffered by the Renter and/or any third party and/or passenger.
10.1 This agreement contains the entire agreement between the parties. Neither party will have any right or remedy arising from any undertaking; warranty or representation not included in this agreement unless recorded in writing and signed by the Renter and CLIQ;
10.2 No relaxation of terms of this agreement and no indulgence which one party may grant the other, will in any way operate as an estoppel against the former party or be deemed to be a wave of its rights, or in any other way limit, alter, or prejudice those rights.
10.3 If any provision of this agreement is found by a Court of Law to be invalid or void, such provision will be severed from the agreement without affecting the remainder of the provisions hereof;
10.4 The Renter consents to the jurisdiction of the Magistrate’s Court should CLIQ at its election bring legal proceedings in a Magistrate’s Court, notwithstanding the fact that the amount involved exceeds the jurisdiction off the Magistrates Court. The Renter agrees, however that CLIQ in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction;
10.5 The Renter shall not be entitled to cede any of its rights or obligations under the agreement or to rent or part with the vehicle, its tyres, tools or equipment or any part of it;
10.6 If CLIQ institutes any legal proceedings against the Renter to enforce any of its rights under this agreement, it shall be entitled to recover from the Renter, all the legal costs it incurs to its own Attorneys in accordance with their usual charges and assessed as between Attorney and Own Client including but not limited to collection commission and tracing agent charges;
10.7 The Renter chooses the address specified at enrollment process as his domicicilium citandi et executandi, his chosen address for the delivery and service of notices and for service of all legal processes;
10.8 CLIQ hereby informs the renter that it supplies consumer credit information to the Credit Bureau and in this regard: 10.8.1 the renter acknowledges that information on non-compliance with the terms and conditions of this agreement may be transferred to the Credit Bureau: 10.8.2 CLIQ is entitled to obtain a credit profile and possibly credit scores on the credit worthiness of the renter.
11 GENERAL INFORMATION
x = a representing amount in ZAR Rxx.xx = Amount in ZAR 15% VAT Applicable All additional charges quoted include VAT unless otherwise specified
12 ADDITIONAL IMPORTANT INFORMATION
As the accountability amount on the waivers only contributes towards the repaired costs of the vehicle, an administration fee of R500.00 for damages amounting to or over R300.00 per accident or R100.00 for damages amounting to under R300.00 will be charged to cover the costs of processing the claim. In the event that a customer receives a traffic fine, an administration fee of R250.00 will be charged to redirect the traffic fine to the correct offender. A Call Out Fee of R350.00 as a result of customer negligence will be charged within a 20km radius for all hours. A R50.00 Refueling Service Fee will apply to rentals that require refueling by CLIQ. Should you return the vehicle later than agreed upon via either the app or the kiosk, the vehicles hourly rate will be charged to you until the vehicle has been returned. We reserve the right to make operational process changes whenever necessary.
13 AGE REQUIREMENTS
13.1 The minimum age is 19 years old. Renters must have held a valid driver’s license for a minimum of 1 year. It is always a legal requirement in RSA to be in possession of your driver’s license whilst driving a vehicle;
13.2 A Young Driver surcharge will be added onto the rental amount with a “per hour fee” of R10.00 per hour and will apply to drivers under but not including the age of 25;
13.3 There is no maximum age, however, Personal Accident Insurance under this agreement, during any rental is not available to persons.
14 DRIVERS LICENSE AND ID REQUIREMENTS
14.1 In the event that the Renter is from a foreign country, a valid international driver’s license, written in English, is required to rent a vehicle. The ID number and/or passport number must match the number on the license
14.2 Please note that all foreign renters will have their drivers’ licenses, as well as their passports photographed by the CLIQ assisting staff member;
14.3 In the event that a foreign renter receives a traffic fine, an administration fee of R400.00 will be charged which will be automatically deducted off the renters registered bank card
15 METHOD OF PAYMENT AND AUTOMATIC PAYMENT
15.1 CLIQ accepts Mastercard and Visa cards only. The credit card being used must be in the name of the renter. CLIQ DOES NOT accept Debit cards;
15.2 By renting a vehicle from CLIQ, you agree to allow CLIQ to automatically deduct the fees that may apply.
16 COLLECTING AND RETURNING YOUR HIRED VEHICLE
16.1 Should the rental vehicle not be returned by the agreed date and time, and no prior arrangements have been made to extend the rental via our app, the vehicle will be collected by CLIQ. As an Overdue Rental Administration Fee, there will be a charge of R350.00 in a 20km radius from the original rented location, thereafter a charge of R10.00 per kilometer will apply;
16.2 Upon returning your hired CLIQ vehicle, CLIQ requests you to park the vehicle in the designated parking bays which belong to CLIQ. Not doing so will lead to a fee amounting up to R150.00 and/or being liable for any damage caused which was not captured on our CCTV cameras.
17 APP DOWN RETURN INFORMATION
If by any circumstance the renter’s phone battery has depleted or the CLIQ APP is out of service, the renter must contact our call center with the number provided at the back of the RFID card and/or via the hotel group and request for the rental to be terminated.
18 CANCELLATION AND NO-SHOW CHARGES
Any cancellations on any confirmed bookings will be charged 50% of the agreed upon full rental amount. This has been implemented as a heavy fee as that vehicle could have been rented out in the time CLIQ had that vehicle reserved for you.
19 WAIVER AND PROTECTION OPTIONS - INSURANCE
19.1 CLIQ offers you the choice of two optional insurance packages in the event that an accident occurs; Option 1 – R20.00 per hour added onto the rental agreement, with the excess amount of R15 000.00 should an incident occur; Option 2 – R40.00 per hour added onto the rental agreement, with the excess amount of R5 000.00 should an incident occur;
19.2 Please note: In the event of an accident occurring, the renter needs to inform CLIQ immediately or upon returning the vehicle when prompted by the kiosk or app. If you do not comply with this clause, CLIQ will hold you responsible for the administration fee of R500.00 above and beyond the cost of your excess. In the event of an accident occurring when the vehicle was not driven by the renter, or other unauthorized drivers, the renter will be responsible for the full damage to or loss of the vehicle;
19.3 PLEASE NOTE: Passenger liability during the rental period is totally excluded
20 SPECIAL EQUIPMENT (COUNTER PRODUCTS)
20.1 Child Seats: R30.00 per seat, per hour. In the event of total loss and/or damage to the child seat, the renter will be held liable to a R2000.00 fine.
20.2 GPS Navigation: GPS Navigation is included in the hourly rental fee. In the event of total loss/ and or damage or tampering of the rearview mirror dashcam, the renter will be held liable to a R3500.00 fine and/or liable for prosecution.
20.3 CANFLEET Unit: All CLIQ’s vehicles have been pre-installed with a CANFLEET unit. CLIQ uses this product and technology to capture data from the vehicle and mitigate risk from the operation. If a renter or any other individual whether included or excluded in the renter agreement contract tampers with the CANFLEET unit or its configuration in any way, shape or form, will be held liable for prosecution.
21 FUEL CHARGES
Petrol/diesel is not included in our rates. Vehicles are delivered with full fuel tanks to the customer, and the customer is charged for a full refill upon termination of the rental. Fuel consumption is monitored via the CANFLEET system, thus CLIQ has precise data of fuel levels before and after rentals.The fee is a percentage of the total amount of fuel.
22 TRAFFIC FINES
22.1 In the event that a customer receives a camera captured traffic fine, an administration fee of R250.00 per fine will apply to all customers residing in South Africa.
22.2 In The event that a foreign customer receives a camera captured traffic fine, an administration fee of R450.00 per fine will apply.
23 INTERNATIONAL VISITORS
International visitors are required to scan their passports and allow CLIQ staff members to capture a photograph of their driver’s license.
24 VEHICLE OUT OF THE COUNTRY
CLIQ does not allow for its vehicles to be taken out of South Africa.
25 VEHICLE WASHING FEE
If the renter returns a vehicle in a condition whereby it would be unsanitary for another individual to rent the vehicle, at our discretion, a fee of R150.00 will be applied. This fee will correspondingly apply if the vehicles exterior has been altered by the likes of driving on unpaved roads, mud roads etc.
26 THEFT OF VEHICLE PARTS AND/OR EXTRAS
Any persons involved in the theft of CLIQ’s vehicles parts or extras will be held liable to prosecution and a R5000.00 penalty fee.
27 GAUTENG E-TOLL CHARGES
E-Toll charges are automatically charged to vehicles driven through gantries on highways in Gauteng. As per the Government Gazette (No. 38884), effective 2 July 2015, the applicable Gauteng Freeway Improvement Project (GFIP) E-Toll tariffs have now been amended. This and several other changes will primarily have the following impact: 1. Customers will now be charged the e-tag tariff. 2. In line with legislation, the following maximum E-Toll tariff amounts will apply: Customers that incur E-Toll charges (regardless of amount) will be charged a new flat E-Toll Administration Fee of R20.00 per rental. The full amount of E-Toll charges will be charged to the renter after the rental agreement has been terminated. Invoices will include an additional line item which will reflect the total E-Toll costs incurred during the rental period. A R500.00 fee will apply for lost E-Tags.
If any refunds have been requested for any reason, this process could take up to 14 working days
29 RFID Card Replacement
The renter is liable for the safe keeping of their RFID Card. If the card is lost, the individual may contact our support center who can issue you a new card upon your agreement for a fee of R75.00 per card.
30 ROADSIDE ASSISTANCE
If the vehicle has broken down/and or is damaged to the extent where CLIQ has to fund Roadside Assistance, the renter will only be charged if it was caused due to negligent driving/ and or tampering of the vehicle without given permission from a CLIQ staff member. In this instance, the renter will be charged a fee of R300.00, and R300.00 per hour thereafter. If the fault lies with CLIQ, there will be no fee involved.
31 CONTRACT FEE
There will be a surcharge of R25.00 per rental agreement