In this agreement, except where the context indicates otherwise:
1.1 “BROCHURE” means the pamphlet published by us containing our current tariffs from time to time, including Rates Sheets published by us, which are available on request
1.2 “THE CUSTOMER” means jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement
1.3 “DAMAGES” (in relation to the VEHICLE) includes our expenditure in towing, transporting and storing the VEHICLE, repairing the damage caused to the VEHICLE from the time of delivery to you and until the return to us, replacing parts or accessories (excluding normal wear and tear) and paying an expert to inspect damage and report thereon and reimbursing such expert (an invoice or quotation produced by Pace to be prima facie proof of any such expenditure)
1.4 “EXTENDED PERIOD” means the period after the RETURN DATE, requested by you and agreed to by us by means of a Reference No.
1.5 “RENTAL PERIOD” means the period commencing on delivery of the VEHICLE under clause 4.2 and ending on the RETURN DATE or at the end of the EXTENDED PERIOD, if applicable;
1.6 “RETURN DATE” means the date stated on the face hereof on which the VEHICLE must be returned by you to us;
1.7 “VEHICLE” means the vehicle referred to on the face hereof or any substitution thereof in terms hereof.
1.8 “EXCEPTIONS LIABILITY” is double the liability waiver stated on the face of the contract.
2. AUTHORISED DRIVERS
By your signature hereto, you confirm that you have an unendorsed and valid driver’s license. You agree that we have the right to verify that your license has been validly issues and that we may refuse to rent a VEHICLE to you if your license has been suspended, revoked, or restricted in any way. An additional driver is authorized only if you pay an additional driver charge, and that person has had a valid and unendorsed driver’s license for not less than two years and is named on the face hereof of attachments.
3.1 We let you hire the VEHICLE for the RENTAL PERIOD and at an agreed rate on the face hereof, plus additional charges. Where on additional charges are stated the rates in the BROCHURE or such other agreement as the parties may have entered into, shall apply. You will pay all taxes and charges for miscellaneous services which apply hereto and for the filling of the fuel tank.
3.2 All payments are due on demand, but at latest on expiry of the RENTAL PERIOD. You shall not set-off of withhold payment of any amounts due by you in terms of the agreement for whatever cause.
3.3 If any amount is not paid when due, Pace Car Rental may without prejudice to any rights if may have, charge interest on the overdue amount at a rate equal to the highest of the “annual finance charge rates” then permitted for “leasing transaction” in terms of the consumer protection act.
3.4 If you return a long term car rental or lease prior to the agreed date, you will forfeit your deposit and may no longer qualify for the discounted rental rate.
4.1 We may refuse delivery if a requested advance payment or deposit is not made.
4.2 You shall take delivery of the VEHICLE at the place specified herein. You shall have no claim against us if the vehicle is not available then, except to a refund of any amount paid. On delivery, the VEHICLE shall be deemed to be in good order, condition and repair and properly filled with petrol, oil and water, unless you notify us and obtain a Reference No. the contrary, within 2 hours after delivery
4.3 The renter shall be liable for all fuel used to deliver and collect a vehicle to or from a pre-determined place of delivery or collection.
4.4 On the RETURN DATE you shall:
4.4.1 Return the VEHICLE at your risk and expense to us at the place specified herein, unless alternate arrangements have been made and Reference No. is obtained
4.4.2 Pay to us all DAMAGES and any other losses sustained by us, as provided for in this agreement; and;
4.4.3 If required by us, pay for the valet cleaning of the VEHICLE
5. YOUR OBLIGATIONS
5.1 The VEHICLE and the keys to the said vehicle shall be at your sole risk for the RENTAL PERIOD
5.2 You shall not:
5.2.1 Hire or lend the VEHICLE and the keys to the said VEHICLE to any person not included on the face hereof
5.2.2 Permit the VEHICLE and the keys to the said VEHICLE to be in possession or control to anyone other than the additional driver/s reflected on the face hereof;
5.2.3 Cause or permit the VEHICLE and the keys to the said VEHICLE to be driven unlawfully or illegally or the be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being damaged or loss, or to be overloaded
5.2.4 Cause or permit the vehicle to be used for any other purpose than your transportation and those within your party.
5.2.5 Cause or permit the VEHICLE and the keys to the said VEHICLE to be exposed to the risk of damage in or by any civil or public disturbance or unrest.
5.3 You shall take all precautions to protect the VEHICLE and the keys to the said VEHICLE from theft and damage and shall lock and immobilize the VEHICLE and the keys to the said VEHICLE,when the VEHICLE and the keys to the said VEHICLE is not in use.
5.4 In case of a collision, accident, theft or loss of or involving the VEHICLE,:
5.4.1 Report the event to us and the police or traffic department within 1 hour of the event coming to your attention;
5.4.2 Complete and ensure that the driver completes all documents required by us, and
5.4.3 Furnish all assistance required by us to deal with any matters arising from the incident, whether directly or indirectly.
5.4.4 You agree that you are not allowed to permit any towing, repairs or servicing to be done to the VEHICLE unless authorized by us in writing beforehand. Any unauthorized towing whatsoever will be payable by the renter.
5.5 If the VEHICLE is driven by anyone other than you, you shall remain liable for all your obligations in terms hereof, and in addition, you shall be liable to us as if you had been the driver.
5.6 We have the right to terminate the rental at any stage.
5.7 In the case of a theft where the keys cannot be produced the renter is responsible for the full value of the vehicle.
5.8 Keys must be returned with the RFID keyrings/keytags. A R100 surcharge will be charged if the keyring/keytag is lost or stolen. If the RFID keyring/keytag is removed, it must be stored in a safe location until the vehicle is returned.
5.9 The renter must provide card details or bank details (cash/EFT only) for refund purposes at the rental start, failing this a R100 admin fee will be charged for manual refunds.
6. STANDARD AND SUPER COVER DAMAGE AND LOSS WAIVERS
6.1 Damage and loss waivers declined
You understand that if you do not accept these waivers you will be responsible to pay for all loss or damage to the vehicle regardless of fault, and however so caused, including theft. If the vehicle is stolen, or determined by us to be damaged beyond repair, you will pay its replacement value as 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. The amount will be further reduced by the amount that we can obtain for the remains of the vehicle (salvage) you are fully liable for all costs on presentation of this invoice.
Damage and Loss Waivers Accepted
6.1.1 Damage and loss waivers are subject to the terms and condition listed on our website at www.pacecarrental.co.za , and are summarized on the “important facts” sheet supplied.
184.108.40.206 If you accept Damage and theft waiver and you accept in the case of damage to the vehicle to pay the liability, and provided you have complied with all the terms and conditions of this agreement, you will be liable for:
220.127.116.11 Any damage to and loss of the vehicle but limited to the contracted amount (stated on the face of the agreement) following such loss of damage, plus a full tank of fuel should the vehicle not be drivable and towing and storage charges.
18.104.22.168 The full cost of repair or the contracted waiver liability, whichever is the lower, plus towing and storage charges.
22.214.171.124 If you accept damage and theft waiver and provided you have complied with the terms and conditions of the agreement, and the road laws of South Africa, but have elected to be responsible for liability waiver, you will not be responsible for the full cost of the repair, or replacement of the vehicle. For the purposes of clarity, it is noted that failure to report an accident to the Police and Pace within 24 hours, complete a claim form within 3 days of the accident, travelling on a gravel road in excess of 60kmph, speeding, use of drugs or/and alcohol, single vehicle accidents, use of cellular phone and running red traffic lights, failure to report theft within 1 hour of becoming aware to the Police and Pace, failure to pay in advance for any rental extension, any use of the vehicle by an unauthorized driver, and any other traffic offense at the time of an accident would negate the waiver and result in the customer being fully liability for all damages, losses and costs incurred.
126.96.36.199 Double liability applies in the following circumstances:
188.8.131.52.1 Theft where vehicle was parked in/on the Street.
184.108.40.206.2 All single vehicle accidents and under carriage damage carry a double liability.
220.127.116.11.3 Any damages incurred under poor driving conditions. Eg. adverse weather, dirt roads, potholes etc.
18.104.22.168.4 Instances where you fail to get full and proper details of a third party to an accident.
6.2 If you have not complied with the terms of the agreement, the attached important facts and the road laws, 6.1 shall be deemed to apply to you.
6.3 Third Party Claims
For the purposes of this clause, third party claims refer to any claims by a third party in respect of damages or loss that you may cause to any other vehicle or property.
6.3.1 If 6.1 applies, or extension payment not done you are responsible for all third-party claims.
6.3.2 If 6.3.1 applies and 6.1 does not apply, third party claims will be referred to Pace Car Rental’s insurers provided no negligence is apparent. Should Pace Car Rental deem that you have been negligent and this results in a third party claim against Pace Car Rental, you will be held liable for the full cost of any or all third party damage and/or loss and all legal costs which may occur related to such claim
6.4 The applicable waiver will apply to any third party claim against Pace Car Rental and it shall be at the sole discretion of Pace Car Rental to determine in which instances, and the waiver amount that should be charged.
6.5 Pace Car Rental offers an additional waiver that covers the windscreen and tyres (excluding rims and hubcaps) of the vehicle. This can be selected under the optional extras section of either the booking form or online check-in. This waiver is separate from the other Theft and Collision Damage waivers that we offer.
7. EXCEPTIONS LIABILITY
7.1 Exceptions liability would apply where a vehicle was stolen while parked in the street.
7.2 Where damage to the vehicle is caused by you, where no other vehicle is involved, exceptions liability will apply. If Pace Car Rental deems you have driven/acted negligently, you shall be liable for the full value of any damage, towing, or storage.
7.3 The renter shall be liable for any and all costs relating to under carriage damage and water damage as both items are not covered under damage and loss waivers mentioned above.
8. PERSONAL ACCIDENT INSURANCE
You accept and acknowledge that Pace Car Hire does not take any responsibility for personal accident insurance. It is your responsibility to insure the passengers for loss or damage resulting from accident, for any reason whatsoever.
We shall not be liable for any damage or loss, whether direct or indirect, arising out of any defect in or mechanical failure or the safety of the vehicle or the driving or use thereof caused by any fault of ours, our agents or our servants, nor for any indirect loss, consequential damages, loss of profits or special damages arising out of any of the foregoing and for any breach by us of this agreement. No warranties as to the condition, state of repair, performance capabilities, year of manufacture, odometer reading or anything else concerning the vehicle are given by us.
10. TRACKING DEVICES AND POPI
10.1 Your vehicle is fitted with a driver behavior tracking device. In the case of crime or accident the data will be used & shared to determine whether the renter was complying with the agreement and the law, and whether the liability waiver will be charged or the full value of damages.
10.2 Pace may use cellphone triangulation, RICA and any other personal information to track a stolen/overdue vehicle.
10.3 If Pace deems your driving to be reckless, we may terminate the contract. Should you fail to bring back the vehicle within 4 hours you will be charged a R5,000 recovery fee.
10.4 Pace is authorised by the renter/s to share personal information, for traffic fine redirection (any service provider & authority), debt collection, and criminal investigation.
10.5 You as the client, hereby agree, that Pace may disclose any information obtained, as a result of the early termination and /or breach of the rental agreement, (including personal and any other additional information), to any person /party, including a credit bureau, Pace takes no liability in this in this regard, our rights remain reserved.
11.1 All notices in terms hereof shall be given to you at the address set out on the face hereof. Any notices posted to you shall be deemed to be received 7 days after posting unless you prove the contrary. It is essential that you provide legible contact details on the face of this agreement.
11.2 You consent to the jurisdiction of the magistrates’ court, should we, at our election bring proceedings at a magistrate’s court notwithstanding, that the amount involved exceeds the jurisdiction of magistrate’s court. You however agree, Pace Car Rental in its sole discretion may institute such action and proceedings in any division of the High Courts, which may have jurisdiction.
11.3 The English version of this agreement will prevail in the event of a dispute.
11.4 Together with the “important facts sheet” this is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by you and us.
11.5 We may claim and recover from you on demand all expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney and own client costs, collection commission and any costs of tracing you or the vehicle.
11.6 A provision of the agreement which is invalid or unenforceable for any reason whatsoever, shall be severable from the rest of the agreement, and shall not affect the validity thereof.
11.7 The agreement shall be governed by the laws of the Republic of South Africa.
11.8 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.
11.9 Pace is permitted by the renter to perform credit checks with Transunion or any other activities required to trace the renter, and with other data providers.
11.10 In the case of traffic fines and other infringements, a redirection fee of R320 will be charged. A copy of the fine can be provided at a cost of R300 per fine, otherwise the renter shall be expected to view the fine online. This is a new condition implemented due to non-functional SAPO.
11.11 All tolls fees will be charged to the renter in addition to the rental fees at the standard tariff prescribed in the gazette plus an admin fee of R50, with no cap.
11.12 In the case of an extension, the extension amount should be paid before the rental terms ends. If paid late, a late payment fee of R100 will be levied per day.
11.13 If a rental is not extended & Pace needs to recover the vehicle a fee of R5,000 will be charged to the client. R1000 will be levied if you pay the recovery team.
11.14 If a rental is overdue and Pace is instructed to collect the vehicle, an administration fee of R605, including VAT will be charged.
11.15 You are not guaranteed a specific vehicle within a Group. Pace Car Rental reserves the right to replace vehicle models with similar specifications.
11.16 Daily rates are worked out using a 24-hour cycle or part thereof (rounded up), from time of pick-up to time of drop-off.
11.17 In the case that a vehicle is booked and the rental is cancelled, you will get a 100% refund if the rental is cancelled more than a week before the booking, you will receive a 75% refund if the rental is cancelled in the week before the rental, and a 50% refund if the booking is cancelled less than 24 hours before the rental.
11.18 If your free mileage allotment is exceeded during the rental period, interim excess mileage 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.
12. CROSS-BORDER TRAVELLING
12.1 A cross-border letter must be obtained when crossing borders.
12.2 A cross-border fee of R1,500 per letter will be charged to the renter following a successful request.
12.3 It can take 3 working days to process a cross-border document (from Monday to Friday between 08:00 and 17:00).
12.4 Pace Car Rental reserves the right to determine the category or vehicle permissible for cross-border rental for each cross-border request.
12.5 Cross-border rentals are not available for bookings less than 7 days.
12.6 Cross-border rentals are strictly credit card.
12.7 Taking a vehicle across the border will double the deposit amount.
12.8 Where a cross-border letter has been issued and the renter is denied entry into another country, Pace cannot be held responsible.
12.9 The renter is liable for any cross-border charges levied by the police, customs, and traffic departments of the country/countries they have entered or exited, and during the time spent in the country/countries, which includes all taxes, fines, and penalties.
12.10 In the event of an accident outside of the borders of South Africa, the customer’s responsibility is to ensure that the vehicle is towed to the nearest South African border. The client is responsible all costs incurred outside of South Africa.
12.11 Any repairs outside of South Africa must be pre-approved by Pace Car Rental.
12.12 All cross-border rentals must be returned to a Pace Car Rental branch in South Africa (Johannesburg, Pretoria, Cape Town, or Gqeberha).
You may authorise the Pace Auto Group to 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 have the option to opt-out of our marketing list at any point.
14. DETAILED DESCRIPTION OF GOODS AND SERVICES
Pace Car Rental is a business in the car rental industry that hires out a variety of vehicles.
15. DELIVERY POLICY
Subject to availability and receipt of payment, requests will be processed immediately and delivery confirmed by way booking number.
16. REFUNDS POLICY
The provision services by Pace Car Rental is subject to availability. In cases of unavailability, Pace Car Rental will refund the client in full within 3 working days. In the case that a vehicle is booked and the rental is cancelled, you will get a 100% refund if the rental is cancelled more than a week before the booking, you will receive a 75% refund if the rental is cancelled in the week before the rental, and a 50% refund if the booking is cancelled less than 24 hours before the rental.
Pace Car Rental shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.
18. PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (Your Company) bank account, the details of which will be provided on request.
19. CARD ACQUIRING AND SECURITY
Card transactions will be acquired for (Your Company) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
20. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by (Your Company) separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
21. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
(Your Company) takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
23. COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and (Your Company) chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature (Company Address) .
(Your Company) may, in its sole discretion, change this agreement or any part thereof at any time without notice.
25. COMPANY INFORMATION
This website is run by Pace Car Rental (PTY) Ltd, based in South Africa trading as Pace Car Rental and with registration number 2015/357533/07 and Grenville Salmon (Director).
26. PACE CAR RENTAL CONTACT DETAILS
Company Physical Address: 40 14th St, Marlboro, Sandton, 2192
Telephone: +2711 262 5500
27. ERRORS AND OMISSIONS
The Pace Auto Group is not responsible for any errors or omissions (negligent or otherwise), regardless of the cause. In no event shall the Pace Auto Group be liable for any damages, costs, expenses, legal fees, or losses (including income lost or profit and opportunity costs) in connection with any use of our products or services.
I acknowledge that I am fully aware of my responsibilities with respect to the due care to be taken with the vehicle. In the case that I refuse to pay for any amounts owing in terms of a rental agreement, or the previously stipulated terms, with Pace Car Rental Services (Pty) Ltd, I agree to pay all legal costs incurred for the recovery of the money from myself, by Pace Car Rental Services (Pty) Ltd.