Terms and Conditions

CAR RENTAL TERMS AND CONDITIONS of Rise Car Rental (Pty) Ltd t/a Pace Car Rental, registration number 2022/521803/07 a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa; MB1
1 DEFINITIONS
In this AGREEMENT, except where the context indicates otherwise:
1.1 “AGREEMENT” means the terms and conditions set out in this document together with the BOOKING FORM, the FACT SHEET, our prevailing BROCHURE (as amended from time to time), and all such other terms on our website, and any approvals given, or any documents completed, by you (be it physical or digital), in relation to the rental of the VEHICLE (including but not limited to any online prompts or submission of any online forms);
1.2 “BOOKING FORM” means the physical or digital form(s) completed by you, in terms whereof you, inter alia, agree to rent the VEHICLE from us on the terms and conditions set out therein (as read herewith);
1.3 “BROCHURE” means any document, pamphlet, notice or advertisement published by us (be it physical or digital) from time to time (including without limitation on our website and/or any social media platform) setting out our prevailing tariffs and rates, which can also be made available to you on request;
1.4 “DAMAGES” means any damages or losses suffered or costs incurred, by us, which arose pursuant to your use of the VEHICLE, including but not limited to –
1.4.1 towing, transportation, or storage costs;
1.4.2 legal costs incurred arising from any cause whatsoever;
1.4.3 any cost of repair for damage suffered to the VEHICLE (fair wear and tear excepted), including the cost of replacement of any parts or accessories, and/or the costs of any expert appointed by us to assess and report on such damages;
1.5 “DELIVERY DATE” means the date on which the VEHICLE is delivered to you as contemplated in clause 4.2 below;
1.6 “EXTENDED PERIOD” means such extended period for which you continue to rent the VEHICLE after the INITIAL PERIOD;
1.7 “FACT SHEET” means the “important fact sheet” (including any summarised versions thereof) received by you during the VEHICLE inspection prior to your acceptance and collection of the VEHICLE, a copy of which is available on our website at www.pacecarrental.co.za;
1.8 “INITIAL PERIOD” means the period from the DELIVERY DATE to the initial RETURN DATE; 1.9 “RENTAL PERIOD” means the period for which you rent the VEHICLE from us, which commences on the DELIVERY DATE and ends on the last day of the INITIAL PERIOD, or on the last day of the EXTENDED PERIOD (if applicable);
1.10 “RETURN DATE” means the date on which you must return the VEHICLE to us, as stated in the BOOKING FORM;
1.11 “VEHICLE” means the vehicle (including its keys, spare tire(s), lock nuts, tools, and any other parts or accessories thereof) which you rent from us, as specified in the BOOKING FORM, or any substitution thereof;
1.12 “we”, “us”, “our” means Rise Car Rental (Pty) Ltd t/a Pace Car Rental, registration number 2022/521803/07, a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa;
1.13 “you” and “your” means jointly and severally, the signatory to this AGREEMENT and any person on whose behalf the signatory signs or concludes this AGREEMENT;
1.14 clause headings in this AGREEMENT have been inserted for reference purposes only and shall not affect the interpretation of any provision of hereof;
1.15 if any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to it as if it were a substantive clause in the body of the AGREEMENT, notwithstanding that it is only contained in this interpretation clause;
1.16 if any period is referred to in this AGREEMENT by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or South African holiday, in which case the day shall be the next succeeding working day;
1.17 the rule of construction that the AGREEMENT shall be interpreted against the party responsible for the drafting or preparation of thereof, shall not apply; and
1.18 any reference to the signing or completion of this AGREEMENT by you, includes without limitation, any submissions or acceptances by you of the BOOKING FORM, or any other online prompts or forms in relation to this AGREEMENT.
1.19 This AGREEMENT shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
2 RENTAL
2.1 In terms of this AGREEMENT you hire the VEHICLE for the RENTAL PERIOD and at the quoted rate, in addition to any further charges set out in the BROCHURE and/or the BOOKING FORM.
2.2 Subject to availability of vehicles and receipt of payment by you, your booking request(s) will be processed immediately, and we shall confirm the DELIVERY DATE of the VEHICLE with you as soon as possible and by way issuing you with a booking number. Until a booking number is issued, no booking is confirmed.
2.3 You will be responsible for all taxes (including VAT) and charges for miscellaneous services arising from this AGREEMENT, and for the cost of all fuel and oil consumed by the VEHICLE during the RENTAL PERIOD.
2.4 All payments due in terms of this AGREEMENT are payable on demand, but in any event, immediately on expiry of the RENTAL PERIOD. You shall not set-off of or withhold payment of any amounts due by you in terms of this AGREEMENT for any reason whatsoever.
2.5 Should you fail to pay any amount as and when it falls due, we shall be entitled, without prejudice to any of our rights, to charge interest on such overdue amount(s) at the maximum rate of interest allowed for in terms of the National Credit Act No. 34 of 2005.
2.6 A certificate signed by one of our directors or managers, whose appointment need not be proven, setting out the amount due and payable under this AGREEMENT, will be prima facie proof of the amount(s) owing by you in terms hereof, and shall be sufficient to obtain provisional sentence or summary judgment or any other judgment against you.
2.7 Should you return the VEHICLE prior to the RETURN DATE agreed for a long-term car rental (i.e. a rental with an INITIAL PERIOD exceeding 3 months), you will forfeit your deposit and shall not qualify for the discounted rental rate granted to you.
2.8 We are entitled, in our sole and unfettered discretion, to terminate this AGREEMENT, at any time and for whatsoever reason, immediately upon providing you with written notice to that effect.
2.9 You are not guaranteed any specific vehicle within the respective category of vehicles, and we reserve our right to replace any vehicle with a similar model with similar specifications.
2.10 Daily rates are calculated using a 24-hour cycle or part thereof (rounded up), from the DELIVERY DATE to the RETURN DATE.
2.11 For the purposes of processing any refund which may become due to you, you shall be requested to provide your card or bank details (cash/EFT only) at the commencement of this AGREEMENT. Please be aware that, should you elect not to provide such details, an admin fee (at our prevailing rates) shall be payable in respect of manual refunds.
3 AUTHORISED DRIVERS
By accepting these terms and/or driving the VEHICLE, you acknowledge and agree that:
3.1 you have an unendorsed and valid driver’s license;
3.2 we have the right to verify that your driver’s license has been validly issued;
3.3 we may refuse to rent any vehicle to you if your driver’s license has been suspended, revoked, or restricted in any way;
3.4 subject clause 3.5 below, only you (as authorised driver) shall be authorised to drive the VEHICLE;
3.5 an additional driver may be authorised to drive the VEHICLE, but shall only be so authorised if: an additional driver charge has been paid; such driver has had a valid and unendorsed driver’s license for not less than two years; and such driver’s identity is specified on the BOOKING FORM or elsewhere in the AGREEMENT (as applicable); and
3.6 any driver of the VEHICLE during the RENTAL PERIOD, be they authorised or unauthorised in terms of this AGREEMENT, shall be deemed to be your agent irrespective of the relationship between you and the driver, and you shall at all times be liable for their conduct or for any damages they may cause to the VEHICLE or any third party or which may be suffered by as a result thereof.
4 DELIVERY
4.1 We may refuse to deliver the VEHICLE to you if any advance payment or deposit (if any) has not been timeously paid.
4.2 You shall take delivery of the VEHICLE at the agreed time and place, at which time you assume full risk and liability for the VEHICLE.
4.3 Should the VEHICLE not be capable of being delivered to you on the DELIVERY DATE, you shall have no claim against us, save for a refund of such amounts you paid in relation to the rental of the VEHICLE.
4.4 Upon taking possession of the VEHICLE you agree that you received the VEHICLE in good order and condition, with sufficient petrol, oil, and water, unless you notify us within 2 hours of taking delivery that the VEHICLE was received in a contrary or defective condition, and you obtain a reference number from us in respect of such a query.
4.5 Should you not collect the VEHICLE from us, and/or deliver the VEHICLE to us, at one of our branches, you shall be liable for all fuel expended by us in delivering or collecting the VEHICLE to or from you at such agreed place of delivery or collection, including for any support vehicles we may use in relation thereto, and any additional charges we may incur in relation thereto.
4.6 On the earlier of the RETURN DATE and the termination of this AGREEMENT you shall:
4.6.1 return the VEHICLE to the agreed place, unless alternate arrangements have been made with us and we have provided you with a reference number in respect of such arrangement;
4.6.2 pay any and all DAMAGES and any other losses or costs sustained by us, as provided for in this AGREEMENT; and
4.6.3 pay for the valet cleaning of the VEHICLE, if such valet is deemed necessary by us.
5 YOUR OBLIGATIONS
5.1 For the duration of the RENTAL PERIOD, you shall be wholly responsible for the VEHICLE, and liable for any damage to the VEHICLE and/or such DAMAGES suffered by us in relation thereto.
5.2 You shall not be entitled to:
5.2.1 permit any person not authorised in terms of this AGREEMENT or by arrangement with us, to use the VEHICLE, or to have possession or control of the VEHICLE;
5.2.2 cause or permit the VEHICLE to be used in any manner or for any purpose that –
5.2.2.1 is unlawful;
5.2.2.2 is inconsistent with the design or manufacturer specifications thereof;
5.2.2.3 is likely to increase the risk of it being damaged; or
5.2.2.4 is not related to your transportation and/or that of anyone within your party.
5.3 You shall take all precautions to protect the VEHICLE from theft and any reasonable damage, and shall lock and immobilize the VEHICLE when it is not in use.
5.4 In the event of a collision involving the VEHICLE, or the theft or loss thereof, you shall:
5.4.1 report the event to us, and the South African Police Service or the traffic department or the relevant local authority (collectively “Police”), within 1 hour of becoming aware of such event;
5.4.2 complete all forms we may require you and/or the driver of the VEHICLE to complete;
5.4.3 provide all such assistance reasonably required by us to deal with any matters concerning such event; and
5.4.4 not allow or permit any towing, repair or servicing to be done to the VEHICLE unless authorised by us in writing. Any unauthorised towing or work on the VEHICLE will be for your account (including the removal or undoing of such work if we so require).
5.5 Notwithstanding anything to the contrary contained herein, if the keys cannot be produced in the event of the VEHICLE being stolen, you will be liable for the full replacement value of the VEHICLE.
5.6 The keys of the VEHICLE must be returned with the RFID keyrings/keytags. An additional surcharge will be charged at our prevailing rates if the keyring/keytag is lost or stolen. If the RFID keyring/keytag is removed, it must be stored in a safe location and be returned together with the VEHICLE.
6 INSURANCE WAIVERS
6.1 Damage and loss insurance waiver – declined (“Standard Cover”)
You acknowledge and agree that –
6.1.1 should you not accept the insurance waiver set out in this clause 6, you shall be wholly responsible to pay for any and all loss or damage to the VEHICLE regardless of fault, and however arising (including but not limited to theft);
6.1.2 should the VEHICLE be stolen, or determined by us (in our sole discretion) to be damaged beyond repair, you shall be liable to reimburse us for its full replacement value and such costs incidental to such replacement or the sale of any viable remains of the VEHICLE (i.e. salvage);
6.1.3 the replacement value as referred to in clause 6.1.2 shall:
6.1.3.1 be determined by the auto dealers’ guide’s recommended retail selling price of a vehicle of the same year, make and model as the VEHICLE in the month of its first registration, reduced by 1% for each month after that until the month that we declare it to be beyond repair;
6.1.3.2 be reduced by the amount that we can obtain for the salvage; and
6.1.4 the replacement value as contemplated in clause 6.1.2 shall be immediately payable by you upon receipt of an invoice therefor from us.
6.2 Damage and loss insurance waiver – accepted (“Super Cover”)
6.2.1 The damage and loss insurance waiver set out herein is subject to the terms and conditions summarised in the FACT SHEET.
6.2.2 If you accept the damage and loss insurance waiver; paid the applicable fees; agree to pay for the damage to the VEHICLE; and provided you have complied with all the terms and conditions of this AGREEMENT and the traffic laws of South Africa, you will only be liable for the lower of the loss incurred and the agreed amount (as set out on the BOOKING FORM) (“LIABILITY LIMIT”), plus towing and storage charges (as applicable) and a full tank of fuel.
6.2.3 Please note that any insurance waiver shall be void and of no force or effect if:
6.2.3.1 at the time of the accident or damage causing event you were:
6.2.3.1.1 travelling faster than 60 kmph on a gravel road;
6.2.3.1.2 exceeding the prescribed speed limit or in breach of any other traffic laws;
6.2.3.1.3 driving under the influence of any drugs or alcohol whatsoever;
6.2.3.1.4 the sole party to blame for the accident;
6.2.3.1.5 using any mobile device; or
6.2.3.1.6 permitting an unauthorised driver to drive the VEHICLE;
6.2.3.2 you fail to:
6.2.3.2.1 report theft of the VEHICLE to the Police and to us within 1 hour of you becoming aware of the theft;
6.2.3.2.2 report an accident involving the VEHICLE to the Police and to us within 1 hour of the event occurring;
6.2.3.2.3 submit a completed claim form to us within 3 days of the accident occurring; or
6.2.3.2.4 timeously paying any amount due in terms of this AGREEMENT.
6.2.4 Double liability applies in the following circumstances:
6.2.4.1 theft of the VEHICLE where it was parked on the street;
6.2.4.2 where the VEHICLE was involved in an accident in which you were the only party;
6.2.4.3 any damage was caused to the VEHICLE during poor driving conditions (e.g. adverse weather, dirt roads, potholes etc); or
6.2.4.4 after an accident, you fail to get full and proper details of such third parties involved in the accident,
and for the purposes hereof “double liability” shall mean that the LIABILITY LIMIT is increased by 100%.
6.2.5 If you breach the terms of this AGREEMENT, or breach any traffic laws while using the VEHICLE, this clause 6.2 shall not apply and clause 6.1 shall apply instead.
6.3 Third Party Claims
6.3.1 For the purposes of this clause 6.3, third party claims refer to any claim which may be brought by a third party in respect of any damage or loss they may have suffered due to the use of the VEHICLE in terms of this AGREEMENT.
6.3.2 If clause 6.1 applies, or if any payment in terms of this AGREEMENT is not timeously paid, you shall be liable for any and all third-party claims and you hereby indemnify us against any and all DAMAGES.
6.3.3 If 6.2 applies, third party claims will be referred to our insurers to resolve, provided that no negligence on your behalf is apparent. Should we or our insurers deem (in our our/their reasonable opinion) that you acted negligently and that your conduct gave rise to any third-party claim, you will be liable for the full costs thereof and you hereby indemnify us against any and all DAMAGES.
6.4 Windscreen and tyre insurance waiver
We offer additional insurance waiver covering the windscreen and tyres (excluding rims, hubcaps, mags, or any other glass) of the VEHICLE. This can be selected under the optional extras section of the BOOKING FORM. Please note that this insurance waiver option is separate from the other options referred to herein. Should you not select this additional insurance waiver, you will be liable in full for any damage to the windscreen and tires, and any other losses arising therefrom.
6.5 Uninsured damages
You shall at all times be liable for any costs relating to damage suffered to the under carriage of the VEHICLE and for water damage to the VEHICLE, neither of which are included in the insurance waivers offered in terms of clause 6.2.
7 PERSONAL ACCIDENT INSURANCE
You hereby accept and acknowledge that we are not responsible for any personal accident insurance, and that it is your responsibility to insure yourself and your passengers for loss or damage resulting from an accident howsoever arising.
8 INDEMNITY
You hereby indemnify us against any damage or loss you may suffer, whether direct or indirect, resulting from the provision of any of our services, any act or omission by us, our employees or representatives, or from any defect or mechanical failure which may adversely effect your use of the VEHICLE; including any indirect, consequential, or special damages, as well as loss of profits, arising from these issues or any breach of this AGREEMENT by us. You hereby further acknowledge that we make no warranties regarding the VEHICLE’s condition, repair status, performance, year of manufacture, odometer reading, or in any other aspect, and you are deemed to accept the VEHICLE as is on the DELIVERY DATE in accordance with clause 4.4.
9 TRACKING DEVICES AND BREACH
9.1 You hereby acknowledge and agree that –
9.1.1 the VEHICLE is fitted with a driver behaviour tracking device, and in the event of a crime or accident concerning the VEHICLE occurring, the data collected by such device may be used and shared by us to determine if any terms of this AGREEMENT or any traffic laws may have been breached at the time of the event in question occurring;
9.1.2 we may use cell phone triangulation and such other methods allowed for in terms of the Regulations of Interception of Communication and Provision of Communication-related Information Act No. 70 of 2002 (RICA), and any other personal information, to track a stolen/overdue vehicle, and you agree to the use of such data in this manner.
9.2 If we deem your driving to be reckless, or if you breach any of your obligations in terms of this AGREEMENT, we may terminate this AGREEMENT, and should you fail to return the VEHICLE to our nearest dealership within 4 hours of us notifying you to do so, you will be liable for a recovery fee at our prevailing rates.
9.3 Should we terminate this AGREEMENT, and you dispute our right to do so and continue to use the VEHICLE, then –
9.3.1 you shall continue to pay, on the due date, all amounts due by you in terms of this AGREEMENT;
9.3.2 we shall be entitled to recover and accept such payments; and
9.3.3 our acceptance of such payments shall be without prejudice to and shall not in any manner whatsoever affect our claim to cancellation of this Agreement or of any other nature.
9.4 Notwithstanding the above, we may obtain an order against you for specific performance, or claim such DAMAGES as we may have suffered together with all amounts owing to us in terms of this AGREEMENT.
10 SEPARATE CHARGES
10.1 In the case of traffic fines and other infringements, you shall be liable for a redirection fee. A copy of such fine can be made available to you on request and at our prevailing rates.
10.2 All toll fees will be charged to you in addition to the rental fees at the standard tariff prescribed in the applicable gazette plus an admin fee at our prevailing rate.
10.3 In the case of an extension of the RENTAL PERIOD, the extension amount set out on the BOOKING FORM (if any), should be paid before the last day of the INITIAL PERIOD. If such extension amount is not paid, or paid late, a daily penalty fee will be levied for each day the VEHICLE is delivered late at our prevailing rate.
10.4 If the RENTAL PERIOD is not extended and we need to recover the VEHICLE from you, you will be liable for a collection fee. Should you elect to pay the recovery team directly, the collection fee (excluding such amounts due to the recovery team) will be a lower amount as set out in our rates card.
10.5 Should you fail to return the VEHICLE to us timeously on the RETURN DATE and we are required to instruct for the VEHICLE to be collected, you shall be liable for an administration fee at our prevailing rate.
10.6 If your free mileage allotment is exceeded during the RENTAL PERIOD, you will be liable for interim excess mileage, which will be billed based on your mileage usage at the date of billing. Mileage billed for but not exceeded will be refunded to you as per our refund policy as set out in clause 13 below.
11 CROSS-BORDER TRAVELLING
11.1 You may not cross any border with the VEHICLE unless we, in our sole and unfettered discretion, have approved your application to do so and issued you with a cross-border letter.
11.2 Each cross-border letter will be issued upon payment of a cross-border fee at our prevailing rate.
11.3 It can take 3 working days to process a cross-border document (from Monday to Friday between 08:00 and 17:00).
11.4 We reserve the right to accept or reject your application, or any specific terms thereof, including but not limited to the destination country, the vehicle category allowed to the respective border, the permitted duration you intend to use the VEHICLE outside South Africa, and any other conditions we deem relevant.
11.5 Cross-border rentals are not available for bookings of less than 7 days.
11.6 Cross-border rentals shall only be permitted where payment is made by way of a credit card.
11.7 If you intend to cross the border with the VEHICLE you will be required to pay double the standard deposit amount.
11.8 If a cross-border letter is issued to you and your entry into the specified country is denied for any reason, we shall not be liable for any costs you may incur, and you will have no claim against us.
11.9 You shall be liable for any cross-border charges levied by the police, customs, and traffic departments of the country/countries you may travel to with the VEHICLE, which includes all taxes, fines, and penalties.
11.10 In the event of an accident outside of South Africa’s borders, you are responsible for ensuring that the VEHICLE is towed to the nearest South African border, and shall be responsible for all costs relating thereto.
11.11 Any repair work to the VEHICLE outside of South Africa must be pre-approved by us in writing.
11.12 All cross-border rentals must be returned to one of our South African branches (i.e. Johannesburg, Pretoria, Cape Town, or Gqeberha).
12 MARKETING
We may use your email address and/or phone number for marketing purposes. Your data will be handled with confidentiality and will not be sold to any third-party provider. You may opt-out of a marketing list at any point.
13 REFUND POLICY
13.1 Our services are subject to availability, and should we not have a vehicle available for you on the scheduled DELIVERY DATE we will provide you with a full refund within 3 working days of the DELIVERY DATE.
13.2 If you wish to cancel the rental of the VEHICLE, you shall be entitled to a refund on the following basis:
13.2.1 100% refund, if you cancel the booking more than 1 week in advance of the DELIVERY DATE;
13.2.2 75% refund, if you cancel the booking less 7 days prior to the DELIVERY DATE but more than 24 hours prior thereto; and
13.2.3 50% refund if you cancel the booking less than 24 hours before the DELIVERY DATE.
14 CREDIT INFORMATION
You hereby expressly authorise us to:
14.1 perform credit checks, inquiries, and investigations on you with credit agencies, credit bureaus, and trade references (including Transunion or any other data services provider);
14.2 share your personal information with such parties referred to in clause 14.1; and
14.3 perform all such other acts which we, in our unfettered discretion, may consider necessary,
for the purpose of redirecting any traffic fine you may have incurred while using the VEHICLE; collection of any debt due to us, assisting any recognised authority with a criminal investigation, or for such other reasonable purpose we may require.
15 CUSTOMER PRIVACY POLICY
15.1 In this clause, unless inconsistent with, or otherwise indicated by, the context –
15.1.1 “Personal Information” shall have the meaning ascribed to it in terms of POPI;
15.1.2 “POPI” means the Protection of Personal Information Act No. 4 of 2013; and
15.1.3 “Process” or “Processing” shall have the meaning ascribed to it in terms of POPI.
15.2 We shall take all reasonable steps to protect your Personal Information in accordance with the provisions of POPI.
15.3 Your Personal Information will be shared:
15.3.1 When required to do so by law and/or law enforcement and/or an order from Court
15.3.2 When we and/or a third party have a Legitimate Interest as per POPI
15.4 To the extent that we may Process any of your Personal Information, we will –
15.4.1 restrict access to such Personal Information to only those employees or agents who are properly authorised to Process such Personal Information and who, by virtue of their office or contract are subject to appropriate confidentiality obligations;
15.4.2 follow your instructions in connection with Processing such Personal Information;
15.4.3 implement reasonable, appropriate technical and organisational measures to preserve the integrity and confidentiality of the Personal Information and to prevent any unauthorised Processing, access, use, corruption, or loss of the Personal Information;
15.4.4 verify that all security measures that are in place are effectively implemented;
15.4.5 not transfer or Process Personal Information outside of South Africa to recipients that are not subject to appropriate data protection principles unless we have obtained your consent to do so;
15.4.6 not disclose any such Personal Information to any third party, subject to our Privacy Policy without your prior written consent or unless required by law;
15.4.7 conduct regular assessments to identify all reasonably foreseeable internal and external risks to the Personal Information in that our possession or control and update and align safeguards with the risks identified;
15.4.8 delete any Personal Information in our possession or control upon the expiry of the applicable retention period as prescribed by law, or upon the expiry or termination of this AGREEMENT, or within 10 days of receipt of a written request from you to delete or hand over such Personal Information, whichever occurs first, unless otherwise agreed upon between the parties;
15.4.9 provide you, upon reasonable advance notice, with access to our premises to ensure that appropriate security measures are in place to protect your Personal Information; and
if reasonable grounds exist for us to believe that the Personal Information has been accessed or acquired by any unauthorised person, each party will immediately notify the other party and co-operate with all reasonable requests to investigate and remediate such incident and provide an appropriate response.
15.5 This clause should be read with our Privacy Policy (attached hereto?? / web address) as if incorporated into this clause.
16 PAYMENT OPTIONS ACCEPTED
16.1 Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into our bank account, the details of which will be provided to you on request.
16.2 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
17 CARD ACQUIRING AND SECURITY
17.1 All card transactions will be acquired by DPO PayGate or Paystack, which are the approved payment gateways for all South African Acquiring Banks. DPO PayGate and Paystack use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and none of your card details shall be stored on our website. You may visit to www.paygate.co.za or www.paystack.com to view their security certificates and security policy. Rise Car Rental (Pty) Ltd t/a Pace Car Rental reserves the right to change and/or substitute the Company and/or platform acquiring Card payments, with an equal or higher security Company and/or Platform, without notice.
17.2 Any details we may receive from you will be stored separately from any financial details which you may enter on DPO PayGate’s secure site, Paystack’ or any other site as referenced in 17.1 above. For more detail on DPO PayGate refer to www.paygate.co.za. For more information on Paystack refer to www.paystack.com.
18 FURTHER RESPONSIBILITIES OF PARTIES
18.1 We accept responsibility for all aspects relating to the transaction contemplated in this AGREEMENT including sale of goods and services sold on our website, customer service and support, dispute resolution and delivery of goods.
18.2 All other details, other terms and conditions, and specifications as reflected in vehicle manuals, and road traffic laws, form part of the conditions of the rental. The onus is on you to become acquainted with these terms of rental. They are available on www.pacecarrental.co.za.
19 ARBITRATION
19.1 In the event that a dispute arises in terms of or in connection with this AGREEMENT (including a dispute as to the validity or enforceability hereof or any provision hereof), we may demand that the dispute be determined in terms of this clause 19, by written notice to you in accordance with the Expedited Rules (“Rules”) of the Arbitration Foundation of Southern Africa (“AFSA”).
19.2 This clause 19 shall not prevent any party to the dispute from obtaining interim relief on an urgent basis from a Court of competent jurisdiction, pending the decision of an arbitrator.
19.3 You hereby consent to the arbitration being dealt with on an urgent basis in terms of the Rules, should we, by written notice to you, so require. In such event we may apply to the AFSA Secretariat as required in terms of the said Rules to facilitate such urgent arbitration.
19.4 The arbitration shall be held –
19.4.1 in English before a single arbitrator at Johannesburg, South Africa;
19.4.2 with only the legal and other representatives of the parties to the dispute present thereat; and
19.4.3 in terms of the Arbitration Act No. 42 of 1965 (“Arbitration Act”), unless otherwise provided for herein.
19.5 The arbitrator shall be a practising advocate of the Johannesburg Bar of at least 10 years’ standing, appointed by agreement between the parties to the dispute. Should the parties fail to agree on an arbitrator within 14 days after the referral of the
dispute to arbitration in terms of clause
19.1, the arbitrator shall be appointed by the Johannesburg Secretariat of AFSA, at the request of any party to the dispute.
19.6 The decision of the arbitrator shall be final and binding on the parties and may be made an order of the High Court of South Africa at the instance of any party to the dispute. The Parties hereby consent to the non-exclusive jurisdiction of the South Gauteng Division of the High Court of South Africa, Johannesburg, in respect of any such proceedings.
19.7 The Parties agree to keep the arbitration, including the subject matter of the arbitration and the evidence heard during the arbitration, confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
19.8 It is recorded that it is the intention of the parties that any dispute referred to arbitration in terms of clause 19.1 shall be resolved strictly in accordance with the provisions of this clause 19. Each party accordingly agrees and undertakes that –
19.8.1 it shall not make any application to Court as contemplated in terms of section 3(2) of the Arbitration Act;
19.8.2 it shall not make any application as contemplated in terms of section 20(1) of the Arbitration Act; and
19.8.3 the periods set out in section 23 of the Arbitration Act shall not be applicable to any arbitration proceedings arising out of this Agreement.
19.9 The provisions of this clause 19 are severable from the rest of this AGREEMENT and shall remain in effect despite the termination of or invalidity for any reason of this AGREEMENT.
19.10 A written demand by us, in terms of clause 19.1, that the dispute or difference be submitted to arbitration, shall be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act No. 68 of 1969.
19.11 Notwithstanding clause 19 we reserve the right to institute any action which may arise from this agreement in any court with jurisdiction.
20 DOMICILE
20.1 Each of the parties choose as domicilia citandi et executandi their respective addresses set out in this clause for the purposes of the giving of any notice, the serving of any process and for any other purpose arising out of or in connection with this AGREEMENT.
20.2 For purposes of this AGREEMENT the parties’ respective addresses shall be –
20.2.1 For us 40 14th St, Marlboro, Sandton, 2192 Email: info@pacecarrental.co.za Telephone: +2711 262 5500
20.2.2 For you the address provided by you in the BOOKING FORM.
20.3 Any notice given in terms of this AGREEMENT shall be in writing and in English, and shall, unless the contrary is proved –
20.3.1 if delivered by hand or by courier, be deemed to have been duly received by the addressee on the date of delivery;
20.3.2 if transmitted by electronic mail message, be deemed to have been received by the addressee on the day on which the message was sent; and
20.3.3 if delivered by registered mail, be deemed to have been duly received by you 7 days after the date of posting.
20.4 Notwithstanding anything to the contrary contained or implied in this AGREEMENT, a written notice or communication actually received by one of the parties from the other including by way of electronic mail shall be adequate written notice or communication to such party.
21 LEGAL COSTS
If in any legal proceedings or arbitration relating to the enforcement by us of our rights in terms of this AGREEMENT, a Court or arbitrator awards costs to us, such costs shall be determined and recoverable on the scale as between an attorney and his own client and shall include collection charges, the costs incurred by us in endeavouring to enforce such rights prior to the institution of legal proceedings and the costs incurred in connection with the satisfaction or enforcement of any award or judgment awarded in favour of us in relation to our rights in terms of or arising out of this AGREEMENT.
22 GENERAL
22.1 The English version of this AGREEMENT will prevail in the event of a dispute in its interpretation.
22.2 Jurisdiction. Subject to clause 19, you consent to the jurisdiction of the Magistrate’s Court, in respect of any proceedings arising out of this AGREEMENT notwithstanding that the amount of the claim may exceed the jurisdiction of the court. It shall nevertheless be entirely within our discretion as to whether to proceed against you in such Magistrate’s Court or any other court having jurisdiction.
22.3 Cause of Action
You hereby agree that notwithstanding the geographical area where you signed and/or digitally accepted the agreement, acceptance and/or ratification of the agreement will always be given from our Head Office in Marlboro, Sandton. Similarly, notwithstanding the geographical area where you effect payment, payment will only be deemed to have been successful once posted to your account at our Head Office in Marlboro, Sandton
22.4 Whole agreement. This AGREEMENT constitutes the entire agreement between the parties as to the subject matter hereof and save as may be expressly set out herein, no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.
22.5 Severability. Each of the provisions of the AGREEMENT is separate and severable and enforceable accordingly. If any such term or condition is or becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition contained in the AGREEMENT.
22.6 No indulgence. No indulgence, leniency or extension of time which we may give or allow to you in respect of the performance of any of your obligations hereunder, shall in any way prejudice us for giving or allowing the indulgence, leniency or extension or preclude us from exercising any of our rights and enforcing your obligations in terms of this AGREEMENT and we shall not be estopped from exercising any of our rights or enforcing any of your obligations by virtue of such indulgence, leniency or extension of time.
22.7 Variation. We may, in our sole and unfettered discretion, change this AGREEMENT or any part thereof on written notice to you. Please note that your acceptance of such variation shall not be required.
22.8 No waiver. No waiver by a party of any right or benefit arising from this AGREEMENT, or its breach or termination, shall be of any force and effect unless reduced to writing and signed by that party.
22.9 Assignment. You may not cede, assign, delegate, alienate, transfer, sub-contract or otherwise part with any of your rights or obligations in terms of this AGREEMENT, other than with our express prior written consent. We shall be entitled to assign any of our rights under the AGREEMENT on prior written notice to you.
22.10 Acceptance. By completing a BOOKING FORM, or driving the VEHICLE, you accept the terms and conditions set out in this AGREEMENT.
23 ACKNOWLEDGEMENT
Irrespective of whether you have singed this AGREEMENT, by engaging our services, you are deemed to have familiarised yourself with the terms of this AGREEMENT and to have acknowledged and agreed to be bound by its terms.