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TERMS AND CONDITIONS OF VEHICLE RENTAL

Ark Car Rentals (Pty) Ltd.
35 Felixstowe Street | Sasolburg | 1947

Rental Agreement Number

CA30888

DEFINIT

IONS

In this agreement, exce

pt where the context in

dicates otherwise:

1.1 “THE CUSTOMER” mean

s jointly and severally

, the signatory hereto

and any person on whose

behalf the signatory s

igns this agreement

1.2 “DAMAGES” (in relat

ion to the VEHICLE) inc

ludes our expenditure i

n towing, transporting

and storing the VEHICLE

, repairing the damage

caused to the VEHICLE f

rom the time of deliver

y to you and until the

return to us, replacing

parts or accessories (

excluding normal wear a

nd tear) and paying an

expert to inspect damag

e and report thereon an

d reimbursing such expe

rt (an invoice or quota

tion produced by Ark Ca

r Rental to be prima fa

cie proof of any such e

xpenditure)

1.3 “EXTENDED PERIOD” m

eans the period after t

he RETURN DATE, request

ed by you and agreed to

by us by means of a Re

ference No.

1.4 ‘RENTAL PERIOD” mea

ns the period commencin

g on delivery of the VE

HICLE under clause 4.2

and ending on the RETUR

N DATE or at the end of

the EXTENDED PERIOD, i

f applicable;

1.5 “RETURN DATE” means

the date stated on the

face hereof on which t

he VEHICLE must be retu

rned by you to us;

1.6 ‘VEHICLE” means the

vehicle referred to on

the face hereof or any

substitution thereof i

n terms hereof.

1.7 “RENTAL FEES” means

the daily rental rate

multiplied by the numbe

r of days the vehicle i

s hired;

1.8 “RENTAL DEPOSIT” me

ans the deposit paid up

on receipt of the renta

l vehicle.

2. AUTHORISE

D DRIVERS

By your signature heret

o, you confirm that you

have a valid driver’s

license. You agree that

we have the right to v

erify that your license

has been validly issue

d and that we may refus

e to rent a VEHICLE to

you if your license has

been suspended, revoke

d or restricted in any

way. An additional driv

er is authorized only i

f you pay an additional

driver charge, and tha

t person has a valid dr

iver’s license and is n

amed on the face hereof

of attachments. If an

unauthorized driver dam

ages the rental vehicle

, full liability will b

e for the renters accou

nt.

3. RE

NTAL

3.1 We let and you hire

the VEHICLE for the RE

NTAL PERIOD and at an a

greed rate, plus additi

onal charges. Whereon a

dditional charges are s

tated on the RENTAL AGR

EEMENT and TERMS AND CO

NDITIONS OF RENTAL. You

will pay all taxes and

charges for miscellane

ous services which appl

y hereto and for the re

fueling of the fuel tan

3.2 All payments are du

e on receipt of the ren

tal vehicle. You shall

not set-off or withhold

payment of any amounts

due by you in terms of

the agreement for what

ever cause.

3.3 If any amount is no

t paid when due, Ark Ca

r Rental without prejud

ice to any rights if ma

y have, charge interest

on the overdue amount

at a rate equal to the

highest of the “annual

finance charge rates” t

hen permitted for “leas

ing transaction” in ter

ms of the consumer prot

ection act.

4. DEL

IVERY

4.1 We may refuse deliv

ery if a requested adva

nce payment or deposit

is not made.

4.2 You shall take deli

very of the VEHICLE at

the place specified at

the time of rental. You

shall have no claim ag

ainst us if the vehicle

is not

available then, except

to a refund of any amou

nt paid. On delivery, t

he VEHICLE shall be dee

med to be in good order

, condition and repair

and

properly filled with pe

trol, oil and water, un

less you notify us and

obtain a Reference No.

to the contrary, within

2 hours after delivery

4.3 The renter shall be

liable for all fuel us

ed to deliver and colle

ct a vehicle to or from

a pre-determined place

of delivery or collect

ion.

4.4 On the RETURN DATE

you shall:

4.4.1 Return the VEHICL

E at your risk and expe

nse to us at the place

specified at the time o

f rental, unless altern

ate arrangements have b

een

made.

4.4.2 Pay to us all DAM

AGES and any other loss

es sustained by us, as

provided for in this ag

reement; and;

4.4.3 If required by us

, pay for the valet cle

aning of the VEHICLE.

4.5 The onus is on you

to inspect the vehicle

immediately upon delive

ry to ensure that the v

ehicle is free of any d

efects and is not damag

es and orscratched. You

r failure to do so and

to report same to us sh

all result in the vehic

le being deemed to be i

n good condition, order

and repair and you sha

ll accordingly be liabl

e for all and any damag

es to the vehicle and r

elated charges.

5. YOUR OBL

IGATIONS

5.1 The VEHICLE and the

keys to the said vehic

le shall be at your sol

e risk for the RENTAL P

ERIOD

5.2 You shall not:

5.2.1 Hire or lend the

VEHICLE and the keys to

the said VEHICLE to an

y person not included o

n the face hereof

5.2.2 Permit the VEHICL

E and the keys to the s

aid VEHICLE to be in po

ssession or control of

anyone other than the a

dditional driver/s refl

ected on the RENTAL AGR

EEMENT;

5.2.3 Cause or permit t

he VEHICLE and the keys

to the said VEHICLE to

be driven unlawfully o

r illegally or be used

for any unlawful purpos

e or for a purpose for

which it was not design

ed or in such a way as

to increase the risk of

it being damaged or lo

st, or to be overloaded

5.4.2 Report the event

to the SAPS and Traffic

Department within the

first 24-hours in order

to obtain a CASE NUMBE

R from SAPS, failing to

do so will result in y

ou or the authorized dr

iver being in breach of

contract; further more

we have the right to h

old you liable for loss

of income, calculated

by charging you the dai

ly rate due to lack of

providing us with a SAP

S number in the event o

f an accident or any ou

tstanding claim informa

tion. All claim documen

ts such as SAPS No, Thi

rd party detail, detail

ed description of incid

ent must be provided to

us within 24 hours aft

er the incident.

5.2.5 Cause or permit t

he VEHICLE and the keys

to the said VEHICLE to

be exposed to the risk

of damage in or by any

civil or public distur

bance or unrest.

5.3 You shall take all

precautions to protect

the VEHICLE and the key

s to the said VEHICLE f

rom theft and damage an

d shall lock the VEHICL

E and activate the immo

bilizer / burglar alarm

when the VEHICLE is no

t in use.

5.4 In case of a collis

ion, accident, theft or

loss of or involving t

he VEHICLE:

5.4.1 Report the event

to us within 1 hour of

the event coming to you

r attention;

5.4.2 Report the event

to the SAPS and Traffic

Department within the

first 24-hours in order

to obtain a CASE NUMBE

R from SAPS, failing to

do so will result in y

ou or the authorized dr

iver being in breach of

contract;

5.4.3 Complete and ensu

re that the driver comp

letes all documents req

uired by us in the even

t of an incident/accide

nt;

5.4.4 Furnish any assis

tance required by us to

deal with any matter a

rising from the inciden

t, whether directly or

indirectly;

5.4.5 You agree that yo

u are not allowed to pe

rmit any towing, repair

s or servicing to be do

ne to the VEHICLE. Any

unauthorized towing wha

tsoever will be payable

by the renter and this

will result in the dri

ver being in breach of

contract and therefore

liable for full cost of

damages and towing.

5.5 If the VEHICLE is d

riven by anyone other t

han you, you shall rema

in liable for all your

obligations in terms he

reof, and in addition,

you shall be liable to

us as if you had been t

he driver. We have the

right to terminate the

rental at any stage.

5.6 In the case of a th

eft where the keys cann

ot be produced the rent

er is responsible for t

he full value of the ve

hicle.

5.7 The Renter must pro

vide card details or ba

nk details (cash/EFT on

ly) for refund purposes

at termination of rent

al. In the event of cas

h refunds, the client w

ill responsible to prov

ide us with proof of ba

nk account by means of

a letter from the bank

or bank statement.

5.8 All rental vehicles

must be refueled at FU

LL CAPACITY upon return

/ termination of renta

5.9 Ark Car Rental supp

lied baby seats and or

booster seats for infan

ts and or toddlers are

to be installed and fit

ted to the rental vehic

le by the RENTER. Under

no circumstances may a

n employee of Ark Car R

ental be requested or p

ermitted to do so.

6. DAMAGE AND LOSS W

AIVERS DECLINED

You understand that if

you do not accept these

waivers, you will be r

esponsible to pay for a

ll loss or damages to t

he vehicle regardless o

f fault, and however so

caused, including thef

t. If the vehicle is st

olen, or determined by

us to be damaged beyond

repair, you will pay i

ts replacement value as

determined by the auto

dealers’ guide’s recom

mended retail selling p

rice of a vehicle of th

e same year, make and m

odel as the vehicle in

the month of its first

registration, reduced b

y 1, 25% for each month

after that until the m

onth that we declare it

to be beyond repair. T

he amount will be furth

er reduced by the amoun

t that we can obtain fo

r the remains of the ve

hicle (salvage) you are

fully liable for all c

osts on presentation of

this invoice.

6.1 DAMAGE AND LOSS W

AIVERS ACCEPTED

6.1.1 Damage and loss w

aivers are subject to t

he Terms and Conditions

6.1.2 If you accept Dam

age and Loss Waiver and

you accept in the case

of damage to the vehic

le to pay the liability

, and provided you have

complied with all the

Terms and Conditions of

this agreement, you wi

ll be liable for:

6.1.2.1 Any damage to a

nd loss of the vehicle

but limited to the cont

racted amount (stated o

n the face of the agree

ment) following such lo

ss of or damage/write-o

ff, plus a full tank of

fuel should the vehicl

e not be drivable and t

owing and storage charg

es. This charge will be

in addition to the fir

st excess fee and claim

handling fee charged.

6.1.2.2 The full cost o

f repair or the contrac

ted waiver liability, w

hichever is the lower,

plus towing and storage

charges.

6.1.2.3 If you accept D

amage and Loss Waiver,

and provided you have c

omplied with the Terms

and Conditions of the a

greement, and the road

laws of South Africa, b

ut have elected to be r

esponsible for limited

excess/liability waiver

, you will not be respo

nsible for the full cos

t of the repair, or rep

lacement of the vehicle

. For the purposes of c

larity, it is noted tha

t failure to report an

accident within 24 hour

s, complete a claim for

m within 3 days of the

accident, travelling on

a gravel road in exces

s of 60kmph, speeding,

use of drugs and/or alc

ohol, single vehicle ac

cidents between 1am and

4am, use of cellular p

hone and running red tr

affic lights, and/or an

y other traffic offense

at the time of the acc

ident would negate the

waiver and result in th

e customer being fully

liable for all damages,

losses and costs incur

red.

6.1.2.4 If you have not

complied with the term

s of the agreement, the

attached important fac

ts and the road laws, 6

.1 shall be deemed to a

pply to you.

6.1.2.5 In the event of

a single vehicle accid

ent where no third part

y is involved or no thi

rd party details can be

provided as a result o

f an incident or accide

nt, a double excess lia

bility will be charged.

6.1.3 Any undercarriage

damage whatsoever, and

/or any water damages w

hen the vehicle is driv

en in a collision or ot

herwise, while same is

utilised / driven on a

sand or gravel road, an

d/or any damage caused

by dust storms, are all

, specifically excluded

from the liability wai

ver/s contained in para

graph 6 hereof and you

shall be liable for ful

l charges of any such d

amage to the vehicle. F

urthermore, all damages

caused from or by poth

oles are excluded unle

ss the relevant waivers

are purchased by you

6.1.4 Tyre and glass da

mage is excluded from t

he super cover unless a

dditional cover is take

n out for tyre and glas

6.1.5 A further waiver

for tyre and glass dama

ge (TGDW) may be purcha

sed by you, at an addit

ional cost, in respect

of tyredamage, includin

g but not limited to po

thole damage, and/or ve

hicle glass damage, a f

urther waiver for Liabi

lity Buy Down (LBDW) ma

y be purchased at an ad

ditional cost to cover

the liability payment u

p to R4500.00.The TGDW

and LBDW waivers are va

lid only in instances w

here there has not been

a collision, and provi

ded that you are not in

breach of this agreeme

nt;

6.1.6 Should additional

cover be taken for tyr

e and glass, damage to

rims or mags is not cov

ered, only tyres

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11.4 This together with the Rental Agreement document 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.
11.9 Ark Car Rental is permitted by the renter to perform credit checks with Trans Union or any other activities required to trace the Renter, and/or with other data providers.
11.10 In the case of traffic fines and other infringements, a redirection fee of R400 will be charged.
11.11 All toll-fees will be charged to the Renter in addition to the rental fees at the standard gazetted tariffs prescribed plus an admin fee of 20% of the total e-tolls billed. In the event that a rental vehicle, be delivered collected to/from an agreed address, any and all e-toll fees incurred for such delivery/collection will be for the Renters account.
11.12 Ark Car Rental does not permit smoking in any form including but not limited to vaping. Should a Renter or any person the Renter transports in the hired vehicle smoke in the vehicle, a R500 smoking penalty will be charged.
11.13 Valet charge fee means an amount charged if a vehicle requires valet cleaning. Such valet charge may be levied for cleaning the vehicle @ R350 per valet.
11.14 In the case of an extension, the extension amount should be paid before the rental term ends. If it is paid late, a late payment administration fee of R100 will be levied per day.
11.15 The renter/driver will be responsible for paying a changeover fee of R550 upon changeover, provided that there are no issues with the vehicle.
11.16 If a rental is not extended and Ark Car Rental needs to recover the vehicle using a vehicle recovery company a fee of R5,000 will be charged to the client.
11.17 If a rental is overdue and Ark Car Rental is instructed to collect the vehicle, an administration fee of R605 will be charged.
11.18 All prices on the Rental Agreement and the Terms and Conditions include VAT @ 15 %.
11.19 Missed service fee: if the vehicle you are driving becomes service due whilst in your possession you have to notify Ark Car Rental to do a change over, failure to do so will result in a R5000 service fee charged.
11.20 Please note that the rental vehicle is fitted and monitored by a Tracking/Telematics System and the renter may be contacted to duly ensure the safety and security of our vehicle. The system generated tracking reports are used in the event of any accidents or incidents involving the rental vehicle.
11.21 Tyre and glass damage is excluded from the super cover unless additional cover is taken out for tyre and glass.
11.22 Ark Car Rental has the right to claim for any third-party damages if a third party was involved and responsible for the incident.
11.23 Overdue accounts will be handed over to the credit bureau.
11.24 10% Interest will be added per month, after 30 days of outstanding payments.

This contract is valid for 60 days and must be renewed thereafter.

The renewal is subject to the following conditions:

- Vehicle inspection at the Branch

- Renewal Contract Fee

- Upfront payment for all outstanding fees

12 CROSS BORDER POLICY

Ark Car Rental does not allow cross border rentals to any of the neighbouring country’s to South Africa. This includes Lesotho and Swaziland. Any attempt or success in taking an Ark rental vehicle over the border to a neighbouring country will be deemed as Breach of Contract and all losses incurred to Ark Car Rental will be charged in full to the Renter, this is not limited to the full replacement value of the Ark vehicle. Should our Tracking Team advise us on any attempt to cross a neighbouring country’s border, we will activate full recovery of the vehicle by our Tracking Team. The Renter will be held liable for all costs and may not have any claim against Ark Car Rental for travel or lost accommodation expenses.

13. Consent to the use of personal information/trans-border flow of information (POPI)

13.1. You hereby consent to the authorised use of your personal information/Special.

Personal Information by Ark for purposes of processing. Your consent in terms hereof is effective immediately and endures until the relationship between us is terminated by either party. Personal information/Special Personal Information and Processing are as defined in the Protection of Personal Information Act, 4 of 2013 which meanings are incorporated herein and you hereby undertake as your obligation to update your personal and special information.

13.2The renter hereby consents and authorises us to disclose all relevant information of the renter/driver to any road traffic authority for the redirection of traffic fines in respect of the driving of the vehicle.

13.3 By signing and accepting these terms and conditions, the Renter also provides consent to Ark Car Rental to list the renter conduct of the Renter to SAVRALA and registered members of SAVRALA. The listing will also include any additional driver noted on the Rental. The Renter also provides consent to Ark Car Rental to check renter conduct with SAVRALA and members of SAVRALA before handing over the vehicle. Ark Car Rental reserves the right to refuse the rental at any time should we believe, our vehicle will be at risk

When accepting

the excess wa

iver option:

an upfront paymen

t for a period of

30 days is requi

red.

should you extend be

yond the initial 30

days, you will be bi

lled accordingly for

the extended days.

the waiver amount is

refundable for any re

maining days not used

if there is no claim

Waiver

Break

down:

This option only co
vers the renter for
Tyre & Glass damag
e, up to a maximum
amount of R4500.00.
If the damage excee
ds R4500.00, the re
nter remains liable
for the additional
amount.
Rims are not c
overed by the
TGDW waiver.

LBDW O

ption (R

105.00):

This option waive
s the liability p
ayment to an amou
nt of R4500.00 (w
ithin the standar
d Terms & Conditi
ons).
It includes the
claim handling
fee of R900.00
.
Tyre, Glass & Rim
s are all include
d in this coverag
e.

6.2. Thi

rd Party

Claims

For the purposes of t

his clause, third par

ty claims refer to an

y claims by a third p

arty in respect of da

mages or loss that yo

u may cause to any ot

her vehicle or proper

ty.

6.2.1 If 6.1 applie

s, or extension pay

ment not done, you

are responsible for

all third-party cl

aims.

6.2.2 If 6.2.1 applies

and 6.1 does not appl

y, third party claims

will be referred to Ar

k Car Rental Insurers,

provided no negligenc

e is apparent. Should

Ark Car Rental deem th

at you have been negli

gent and this results

in a third-party claim

against Ark Car Renta

l, you will be held li

able for the full cost

of any or all third-p

arty damage and/or los

s and all legal costs

which may occur relate

d to such claim.

6.2.3 The applicable

excess will apply to

any third-party claim

against Ark Car Rent

al. It shall be at th

e sole discretion of

Ark Car Rental to det

ermine in which insta

nces, and the amount

of excess, that will

be charged

6.2.4 Ark has the righ

t to claim for any thi

rd-party damages if a

third party was involv

ed and responsible for

the incident.

6.2.5 The Renter remai

ns liable for the exce

ss even if the third p

arty admits liability

or it is proven that t

he third party caused

the accident. Ark Car

Rental will endeavor t

o claim the damages fr

om the third party. On

ly once full and final

settlement is receive

d, will the excess be

refunded to the Renter

. The Renter may not c

laim interest on this

money due.

6.2.6 Should the legal

costs and expense out

weigh the damage amoun

t owed by the third-pa

rty, Ark Car Rental re

serves the right to st

op the process to clai

m the damage amount fr

om the third party. Th

e Renter will then for

feit any claim to a re

fund for the excess.

7. Exce

ptions

Liabili

7.1 Exceptions liabili

ty would apply where a

vehicle was stolen wh

ile parked in the stre

et.

7.2 Where damage to t

he vehicle is caused

by you, where no othe

r vehicle is involved

, exceptions liabilit

y will apply. If Ark

Car Rental deems you

have driven/acted neg

ligently, you shall b

e liable for the full

value of any damage,

towing, or storage.

7.3 The Renter shall

be liable for any and

all costs relating t

o undercarriage damag

e and water damage as

both items are not c

overed under Damage a

nd Loss Waivers menti

oned above.

8. Persona

l Accident

Insurance

You accept and acknowl

edge that Ark Car Rent

al does not take any r

esponsibility for pers

onal accident insuranc

e. It is your responsi

bility to insure the p

assengers for loss or

damage resulting from

an accident or for any

reason whatsoever.

9. Ex

empti

We shall not be liable

for any damage or loss,

whether direct or indi

rect, arising from any

defect in, or mechanica

l failure to, or the sa

fety of the vehicle, or

the driving or use the

reof caused by any faul

t of ours, our agents o

r our servants, nor for

any indirect loss, con

sequential damages, los

s of profits or special

damages arising from a

ny of the foregoing and

for any breach by us o

f this agreement. No wa

rranties as to the cond

ition, state of repair,

performance capabiliti

es, year of manufacture

, odometer reading or a

nything else concerning

the vehicle are given

by us.

10. Tra

cking D

evices

10.1 Your vehicle is f

itted with a driver be

havior tracking device

. In the case of an ac

cident the data will b

e used to determine wh

ether the Renter was c

omplying with the agre

ement and the law, and

whether the liability

waiver will be charge

d or the full value of

damages.

10.2 If you are found

to be driving more tha

n 20kms over the speed

limit, you will be no

tified by phone call o

r SMS and a R50 fee wi

ll be levied for the s

ervice.

10.3 If Ark Car Rental

deems your driving to

be reckless, we will

inform you that we wis

h to terminate the con

tract. Should you fail

to bring back the veh

icle within 4 hours yo

u will be charged a R5

,000 recovery fee.

10.4 Your speed is mo

nitored, and a R5000

speeding fine may be

imposed after two war

nings. Repeated viola

tions may result in r

ental termination. Dr

ive Safely!.

11. G

ENERA

11.1 All notices in ter

ms hereof shall be give

n to you at the address

specified at the time

of rental. Any notices

e-mailed/SMSed to you s

hall be deemed to be re

ceived, unless you prov

e the contrary. It is e

ssential that you provi

de a legible e-mail add

ress on the face of the

rental agreement.

11.2 You consent to th

e jurisdiction of the

magistrates’ court, sh

ould we, at our electi

on bring proceedings a

t a magistrate’s court

not-withstanding the

fact that the amount i

nvolved exceeds the ju

risdiction of the magi

strate’s court. You ag

ree however that Ark C

ar Rental in its sole

discretion may institu

te such action and pro

ceedings in any divisi

on of the High Court,

which may have jurisdi

ction.

11.3 The English vers

ion of this agreement

will prevail in the

event of a dispute.

I, the undersigned renter, hereby acknowledge and agree to the terms and conditions set forth in this agreement.

Renter Signature

Renter Name

Thereso Montana Tshe Kekana

Friday, February 28, 2025 11:53

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