Rental Terms & Conditions
1. INTERPRETATION AND DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings ascribed below:
1.1 “Authorized Operator” refers to any individual, in addition to the Primary Driver, who is expressly listed on the rental documentation as having permission from CTC and the Primary Driver to operate the motor vehicle.
1.2 “Vehicle Value Guide” means the Mead & McGrouther publication that provides recommended retail valuations for motor vehicles.
1.3 “Processing Fee” means the administrative charge specified in the rental documentation, applicable whenever processing is required for any claim related to vehicle damage, loss, or theft.
1.4 “CTC” or “the Operator” means Cape Town Convertibles (PTY) Ltd.
1.5 “Loss or Damage” encompasses all actual costs associated with vehicle recovery, transportation, storage, repair, replacement of components or accessories (calculated at full value without depreciation adjustments), and related expenses necessary to restore the motor vehicle to its pre-incident condition. Documentation, including invoices or estimates provided by CTC, shall serve as definitive evidence of such expenditure. This includes total loss scenarios and all costs arising from any incident.
1.6 “24-Hour Period” means any period of twenty-four consecutive hours, or portion thereof, commencing from the departure time recorded in the rental documentation.
1.7 “Financial Responsibility” refers to monetary obligations as specified in the rental documentation or rate schedule, including non-waivable charges applicable in cases of damage, loss, or theft.
1.8 “Primary Driver” means the individual(s) designated in the rental documentation as authorized by CTC to operate the motor vehicle.
1.9 “Extension Term” means any approved continuation of the Hire Period beyond the scheduled return date, subject to CTC authorization and motor vehicle availability.
1.10 “Current Rate Schedule” means CTC’s prevailing official rate documentation and general rental information, as updated periodically. CTC reserves the right to modify rates prior to agreement execution.
1.11 “Contracting Parties” collectively refers to CTC and the Hirer and/or operators, with “Party” meaning any one of them individually.
1.12 “Rental Documentation” means the rental agreement issued by CTC to the Hirer, executed by the Hirer, constituting a legally binding contract between the parties.
1.13 “Hire Period” means the duration from when the motor vehicle keys are transferred to the Hirer until termination, concluding when the vehicle is returned or keys surrendered to CTC.
1.14 “Hirer” means all individuals, whether natural or juristic persons, jointly and severally liable without limitation, whose names appear on the rental documentation.
1.15 “Service Location” means CTC’s facility from which the motor vehicle is hired, at CTC’s discretion. The Hirer will receive advance notification of any location changes during the rental term.
1.16 “Execution Date” means the date when the last Party executes the rental documentation and these terms.
1.17 “Motor Vehicle” means the vehicle described in the rental documentation, including all keys, tires, tools, equipment, accessories, and documents present at delivery, and includes any authorized replacement vehicle.
1.18 “Traffic Penalty Administration Charge” means the amount levied by CTC to process traffic penalties incurred by the Hirer during the rental.
1.19 “Total Loss” means:
1.19.1 Damage where repair costs render the motor vehicle uneconomical to repair, as determined by CTC; or
1.19.2 Where the motor vehicle is stolen or lost, the retail value shall be determined per the Vehicle Value Guide or manufacturer’s list price, less salvage value.
1.20 “Traffic Penalties” encompasses all traffic fines and violations for which the Hirer bears sole responsibility, payable within forty-eight hours of notification. The Hirer bears all recovery and legal costs arising therefrom.
1.21 “Liability Reduction” means a reduction in the Hirer’s financial exposure in the event of accident, theft, or loss.
2. VEHICLE HIRE AGREEMENT
CTC hires to the Hirer the motor vehicle subject to these terms and conditions. The Hirer indemnifies CTC against any damage, loss, or theft, irrespective of who was operating the motor vehicle.
2.1 CTC provides rental services primarily in Cape Town and the Western Cape region. Vehicles taken beyond the Western Cape without written authorization will be recovered at the Hirer’s expense, with forfeiture of all rental payments and deposits, plus recovery costs.
3. VEHICLE DELIVERY
3.1 Delivery occurs when the Hirer, operator, or authorized representative takes possession of the keys and/or motor vehicle at the Service Location.
3.2 The Hirer will have the opportunity to inspect the vehicle. Unless existing damage is recorded in writing, the motor vehicle is deemed to be in excellent condition. Unrecorded damage discovered upon return shall be the Hirer’s responsibility.
4. VEHICLE USAGE REQUIREMENTS
4.1 The motor vehicle may only be utilized during the Hire Period and any Extension Term.
4.2 The motor vehicle may only be operated by the Primary Driver or Authorized Operators listed in the rental documentation.
4.3 The vehicle must not be used for commercial transport, towing, unlawful purposes, motorsport, travel beyond South Africa without written authorization, or in areas of unrest.
4.4 The Hirer must ensure the motor vehicle is always locked, secured, and immobilized when not in use.
4.5 Lost keys must be replaced at current rates, and rental time continues until replacement.
4.6 Ownership remains with CTC at all times.
5. VEHICLE RETURN REQUIREMENTS
5.1 The Hirer must return the vehicle to CTC’s authorized representative on the agreed return date and location.
5.2 Failure to return constitutes unlawful possession, and CTC may repossess the vehicle at the Hirer’s expense.
5.3 Liability Reduction and Personal Accident Insurance become void if the vehicle is not returned as agreed.
5.4 The vehicle must be returned undamaged, in good order, and roadworthy.
5.5 Risk of loss or damage remains with the Hirer until inspection and formal return acknowledgment by CTC.
6. AGREEMENT TERMINATION
CTC may terminate the agreement at any time without explanation. The Hirer must immediately return the vehicle upon notice. All recovery costs remain the Hirer’s responsibility.
7. HIRER AND OPERATOR REQUIREMENTS
7.1 Only individuals recorded on the rental documentation may operate the vehicle.
7.2 Operators must hold a valid license for at least two years and be 25 years or older.
7.3 The vehicle must not be driven under the influence of alcohol or drugs.
7.4 Where the Hirer is a company, proper authorization documentation must be provided.
8. RATES AND CHARGES
8.1 The Hirer agrees to pay all rental rates, charges, and fees as specified in the rental documentation, including surcharges, levies, and applicable taxes.
8.2 Distance traveled is based on odometer readings; tampering incurs penalties.
8.3 Each 24-hour rental includes a 150 km allowance. Excess distance incurs R20.00 per kilometer.
8.4 Additional fees: Fuel Refill (R250), Additional Driver (R150), Valet Cleaning (R500).
9. PAYMENT TERMS
All payments are due on demand. Deposits are payable at the time of rental. Refunds are processed within five days after return, subject to inspection. Outstanding amounts bear interest at the legal or prime rate +5%.
Cancellations:
More than 48 hours — full refund
24–48 hours — 50% refund
Less than 24 hours — no refund
10. HIRER’S RISK AND LIABILITY
The motor vehicle is hired at the Hirer’s risk. The Hirer is responsible for any damage, loss, or total loss, regardless of fault.
CTC reserves the right to charge double the liability amount in cases of reckless driving, after-hours incidents, or fleeing an accident scene.
11. CONSEQUENTIAL LOSS
The Hirer is liable for loss of rental income during vehicle downtime (up to 30 days), based on the contracted daily rate.
12. INCIDENT REPORTING PROCEDURES
In case of accident, theft, or loss, the Hirer must:
Notify CTC within 3 hours and complete a claim form within 24 hours.
Report the incident to SAPS and provide a case number.
Not admit fault or settle claims without CTC’s approval.
Cooperate fully in investigations and legal processes.
13. HIRER’S INDEMNIFICATION OF CTC
CTC and its employees shall not be liable for any direct or indirect loss, including personal injury, property loss, or vehicle defects. The Hirer indemnifies CTC against all related claims.
14. JOINT AND SEVERAL LIABILITY
All parties whose names appear on the rental documentation are jointly and severally liable for all obligations and payments.
15. GENERAL PROVISIONS
15.1 This document constitutes the entire agreement between CTC and the Hirer.
15.2 Invalid provisions do not affect the enforceability of remaining clauses.
15.3 No indulgence or delay shall constitute waiver of rights.
15.4 CTC may insert missing details post-signature as necessary.
15.5 This agreement is governed by South African law.
15.6 The Hirer consents to jurisdiction of the Magistrate’s Court or, at CTC’s discretion, the High Court.
15.7 The Hirer may not assign rights without CTC’s written consent.
15.8 CTC may recover all legal costs, collection commissions, and disbursements.
15.9 Each Party elects domicilium citandi et executandi at the addresses stated in the rental documentation.
15.10 Notices delivered by registered mail are deemed received after 7 days; by hand, on delivery; and by email, within 1 hour during business hours.
15.11 The Hirer consents to credit and criminal checks and acknowledges CTC’s right to record defaults.
15.12 Certain vehicles may be equipped with management systems that CTC may use as evidence.
15.13 This agreement is exempt from the National Credit Act and Consumer Protection Act.
15.14 The Hirer waives all legal exceptions to enforcement.