Terms and Conditions
1 The RENTER shall at all times be bond to the following speed limits:
1.1 a maximum of 80km/h on any gravel road
1.2 a maximum of 120km/h on all tarred public roads subject however to the speed limits imposed by government or any local authority for any specific stretch of road.
1.3 in the event that 4x4 is engaged:
1.3.1 20km/h in low range
1.3.2 60km/h in high range
2. The RENTER shall not be entitled to drive:
2.1 long distance roads between 07:00 PM and 06:00 AM due to the high risk of accidents caused by animals.
2.2 to Sandwich Harbour
2.3 along the Kunene River
2.4 from Epupa Falls east on road No. 3700 to road No. 3701
2.5 up Van Zyl’s pass
2.6 through salt water
2.7 on any beach where the water breaks
2.8 in any sandstorm
2.9 along riverbeds
2.10 on unregistered roads
3. The RENTER undertakes not to:
3.1 step on the roof or bonnet or any other painted part of the vehicle
3.2 lean against any metal parts of the vehicle body
3.3 leave the vehicle unguarded
3.4 leave the key in the ignition while not driving
3.5 drive long distances with 4x4 engaged
4. The RENTER undertakes to:
4.1 engage 4x4 timeously to prevent clutch and tyre damage
4.2 have the brakes cleaned after having been stuck in mud
4.3 ensure that his passengers and guest comply with clause 3 above
5 The RENTER agrees that any roof top tents or camper, if mounted will be used at the sole and exclusive risk of the RENTER.
6. If the vehicle is scratched, the RENTER will be liable for an additional polishing fee of N$750.00 plus VAT.
7. If the RENTER is involved in an accident and a substitute vehicle is required, the RENTER shall not be entitled to any refund in terms of this rental agreement and the RENTER will have to enter into an entirely new rental agreement for another vehicle. A new rental agreement will not be concluded unless all outstanding amounts in terms of this rental agreement have been paid in full.
8. Unless 48 hours prior notice have been given to the effect that the vehicle shall be returned before the due date the RENTER will not be entitled to any refund.
9. All breakdowns must be dealt with within 24 hours and the LESSOR shall be informed of the full extent and cost of the repairs.
10.Collision
Damage Waiver (CDW)
10.1The RENTER will remain liable for ALL
DAMAGES to the vehicle not covered by the CDW – for example but not limited to
chipped tyres, deep scratches, under body damage, etc.
10.2The DRIVER will be liable to pay an excess of up to
N$45,000.00 should the vehicle be damaged.This amount will be reserved on the DRIVER’s credit card on the day of
the rental.The DRIVER may however
choose to pay zero excess in the case of damage to the vehicle by paying a
collision damage waiver (CDW) of N$350.00 per day.This includes damage to the vehicle and cover
for damage to the front windscreen and two tyres. An additional amount of N$4,500.00 will be
reserved on the credit card on the day of the rental for damages to the vehicle
caused by gross negligence which is not covered by the CDW, should no
damages be reported upon inspection of the vehicle during the return of the
vehicle, this amount will be release.
10.3The CDW further excludes damages to the underbody or
sandblast. In the case of gross negligence, damages to the vehicle will not be
covered by the collision damage waiver.
10.4The DRIVER needs to report any accident or damage to the
vehicle to the police and to Melbic Car Rentals Tours & Transfers within 24
hours after the damaged occurs. If the DRIVER did not report as such, upon
return of the vehicle, the DRIVER will be informed what the estimated cost for
damages are and payment will be required immediately.
10.5 It is recorded that the vehicle is fitted with a Tracking device and that routes and vehicle speed amongst other items are strictly monitored.
11. TERMINATION
Notwithstanding anything to the contrary elsewhere in this agreement Melbic Car Rentals, Tours & Transfers cc may terminate the agreement at any time by notice to the renter whereupon the renter shall forthwith return the vehicle to Melbic Car Rentals, Tours & Transfers cc. The obligation of the renter and the rights of Melbic Car Rentals, Tours & Transfers cc under this agreement shall continue in effect until the vehicle has been returned to Melbic Car Rentals, Tours & Transfers cc and the renter has complied with the obligation.
12. DELIVERY AND RETURN
12.1 The renter shall take delivery of the vehicle at the renting location. The parties shall inspect the vehicle together and unless the renter has made any indication in writing on the rental agreement of any patent shortcoming, the vehicle shall be deemed to have been delivered in good and road worthy condition and without any damage to the paintwork, upholstery and fittings unless the renter proves otherwise.
12.2 The renter shall at his own cost return the vehicle to Melbic Car Rentals, Tours & Transfers cc at the agreed return date/ time specified on the rental agreement or if this agreement is terminated at any time (for any reasons) before then, then immediately after such termination.
12.3 The vehicle shall be returned to Melbic Car Rentals, Tours & Transfers cc in the same condition as received, fair wear and tear expected, and at the agreed return location specified or if such location is specified, at either the renting location or another Melbic Car Rental location in the same city or town as the renting location.
12.4 Without derogating from any other term contained herein, Melbic Car Rentals, Tours & Transfers cc shall be entitled at the expiry and or termination of this agreement, for whatever reason, to retake possession of the vehicle wherever it may be located and from whomever is in possession thereof.
13. RENTAL CHARGES
13.1 The rental charge payable by the renter for the use of the vehicle shall be calculated for the whole of the rental period at the rates and on the basis specified and agreed with the renter as well as all other charges for the service or benefits opted for or utilized by the renter including but not limited to the charges for one way fee, collection fee, additional medical insurance and refuelling where the vehicle is returned with less fuel when rent, each of which shall be subject to 13.3 and all taxes levied on any amounts payable by the renter.
13.2 In determining the rental charges the distance travelled by the vehicle (where required) shall be determined from the vehicle’s odometer or if this is not possible for any reason by Melbic Car Rental on any other fair and reasonable basis and the renter shall be obliged to furnish all such information and assistance as Melbic Car Rentals, Tours & Transfers cc may reasonably require for the purpose.
13.3 The renter shall also be liable for all fines, penalties and the like (including all legal cost incurred by Melbic Car Rental to its attorneys in accordance with their charges at the time for parking, traffic and other criminal offences arising out of or concerning the use of the vehicle during the rental period and the renter accordingly indemnifies Melbic Car Rentals, Tours & Transfers cc against all such liability.
13.4 All charges payable by the renter shall be payable in cash on presentation of an account.
13.5 If Melbic Car Rentals, Tours & Transfers cc has agreed to accept payment from the renter by credit card the renter’s signature of this agreement shall constitute authority for the issuer of the card to debit him with the amount due.
13.6 All rates include maintenance and oil, but do not include fuel and tyres.
14. USE OF THE VEHICLE
14.1 The vehicle may not be used for the conveyance of passengers or goods for reward, to push or tow any other vehicle including any caravan or trailer, to transport goods in violation of the customs laws or in any other illegal manner, in any motor sport, below the high tide watermark at the coast or in any pools or wet salt pans, through rivers or along riverbeds, in sandstorms, beyond the border of Namibia (unless authorised in writing by Melbic Car Rentals, Tours & Transfers cc) or in any area in Namibia where there is or may be a risk of civil unrest, political disturbance or riot, or any activity associated with any of the foregoing, in twilight, after sunset or sunrise, except with the express written consent of Melbic Car Rentals, Tours & Transfers cc.
14.2 The renter shall make adequate provision for the safety of the vehicle in particular. He shall keep the vehicle properly locked and immobilized activated/ engage when the vehicle is not in use.
14.3 The renter must keep tyre pressure according to the vehicle’s Owner Manual during the rental period.
15. THE DRIVER
15.1 The vehicle may not be driven by anyone than the renter himself or any other person indicated as a RENTER on the rental form.
15.2 The renter warrants that in any event the vehicle will not be driven by any other person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or of a narcotic drug and that every RENTER of the vehicle during the rental period will have a valid license to drive the vehicle, will comply with all applicable laws and will comply in all respects with the provisions of this agreement.
15.3 If the vehicle is driven by anyone other than the renter, then without derogation from any rights or remedies which Melbic Car Rentals, Tours & Transfers cc may have, the renter shall remain liable for all his obligations in terms of this agreement and in particular he shall be liable to Melbic Car Rentals, Tours & Transfers cc as if he has been the RENTER and where the vehicle is not driven by any person referred to in 15.1 the renter shall not be entitled to exercise any of the rights of which may otherwise have been entitled to exercise in terms of this agreement.
16. ACCIDENT INSURANCE
16.1 The vehicle shall be at the sole risk of the renter throughout the rental period, the renter shall be bound by these terms and conditions whether he was driving or not.
16.2 The renter shall be liable for any loss of, or damage to the vehicle and any other expenses incurred in recovering the vehicle during the rental period howsoever the loss or damage is caused and whether or not it is attributed to his fault or negligence, provided that none of the situations or circumstances set out in 16.3 is applicable, the renter’s liability in respect of each incident giving rise to such loss or damage as the case may be, shall be limited to the excess mentioned in the rental form.
16.3 The renter’s liability shall not be limited if:
16.3.1 the loss or damage or event giving rise thereto was caused by the fault or negligence of the renter or the RENTER (whether authorised or not) of the vehicle; or
16.3.2 the loss or damage or the event giving rise thereto occurred in a situation where no other vehicle or animal object was involved, unless the renter us able to prove that the loss or damage or event rise thereto was not caused by the fault or negligence of the renter or the RENTER (whether authorised or not) of the vehicle or
16.3.3 at the time of the occurrence of the loss or damage or event giving rise thereto
16.3.3.1 the vehicle was being driven on a road which was not tarred or generally whose condition was otherwise not suitable for the vehicle or
16.3.3.2 the vehicle was being used for a purpose prohibited in terms of 14.1 or was being driven contrary to any other provision of 14.1 or
16.3.3.3 the vehicle was being driven by a person not authorized to do so in terms of 15.1 or 15.2 or
16.3.3.4 in case of theft or loss of or from damage to the vehicle, the renter was in breach of 14.2 or
16.3.3.5 without derogating from any of the foregoing, the renter was in material breach, or was committing a material breach, of this agreement after the occurrence of the loss or damage or event giving rise thereto the renter breaches any of the provisions of 17.
16.4 According where 8.3 is applicable the renter shall pay to Melbic Car Rentals, Tours & Transfers cc the cost of repairs to the vehicle or if the vehicle or any part of it has been stolen or damaged beyond economic repair the fair market value thereof before the damage occurred.
17. RESPONSIBILITY AFTER LOSS OF OR DAMAGE TO THE VEHICLE
17.1 If during the rental period the vehicle is involved in any accident or collision or is lost or the vehicle or any part of it is stolen, the renter shall take every reasonable precaution to safeguard the interest on Melbic Car Rentals, Tours & Transfers cc, including but without being limited to the following, where appropriate:
17.1.1 He shall obtain the name and address of everyone involved or any possible witnesses.
17.1.2 He shall not admit any responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any third party.
17.1.3 He shall notify the police and Melbic Car Rentals, Tours & Transfers cc as soon as possible and in any event within twenty four hours of occurrence in question;
17.1.4 within forty eight hours of the occurrence in question he shall complete and furnish to Melbic Car Rentals, Tours & Transfers cc the standard claim form which he shall be responsible of obtaining from Melbic Car Rentals, Tours & Transfers cc;
17.1.5 within forty-eight hours of any accident to or theft of or from the vehicle he shall submit a copy of his RENTER’s license to Melbic Car Rentals, Tours & Transfers cc;
17.1.6 he shall make adequate provision for the safety and security of the vehicle;
17.1.7 he shall co-operate with Melbic Car Rentals, Tours & Transfers cc in this investigation, making and/ or defence of any claim action relating to the incident (including the making of an affidavit if he is requested to do so.
17.2 If the renter is not the RENTER then without derogating from the renters obligations in terms of this clause 9, the renter shall see to it that the RENTER complies with the provision of 17.1 and the renter warrants that the RENTER will do so.
17.3 The renter shall furnish to Melbic Car Rentals, Tours & Transfers cc (and if the renter is not the RENTER the renter shall see to it that the RENTER furnishes to Melbic Car Rentals, Tours & Transfers cc any notice of any claim, demand, summons or the like which the renter or the RENTER may have received in connection with the vehicle.
17.4 The renter warrants that the information compiled in Melbic Car Rental’s claim form as referred to in 17.1.5 will be complete, true and correct in every respect.
The renter takes full responsibility for any second or more RENTERs in terms of this whole agreement.
18. EXEMPTION
Melbic Car Rentals, Tours & Transfers cc shall not be liable for any damage to, or any damage arising out of any defect in, or mechanical failure of the vehicle, nor any loss of, or damage to, any property transported or left in the vehicle, nor for any indirect damages, consequential loss of profits or special damages of any kind for any breach of this agreement, or arising out of any cause whatsoever, irrespective whether or not the loss resulted from the negligence of Melbic Car Rentals, Tours & Transfers cc, it’s agents or employees. Melbic Car Rentals, Tours & Transfers cc accepts no responsibility and shall not be liable for delays occasioned by a breakdown or any other circumstance.
19. GENERAL
19.1 This agreement shall be governed in all aspects by the laws of Namibia.
19.2 No agreement in variance with the provisions of this agreement shall be binding unless recorded in writing signed by on behalf of the renter and by or on behalf of Melbic Car Rentals, Tours & Transfers cc.
19.3 The renter agrees that Melbic Car Rentals, Tours & Transfers cc is entitled, but not obliged, in its discretion, to institute any action of proceedings for enforcing any of its rights under this agreement in the Magistrate’s Court, notwithstanding the amount in dispute, and the renter consents to the jurisdiction of the Magistrates Court.
19.4 The renter shall not be entitled to cede any of his rights under this agreement.
19.5 If Melbic Car Rentals, Tours & Transfers cc institutes any legal proceedings against the renter to enforce any of its rights under this agreement, Melbic Car Rentals, Tours & Transfers cc shall be entitled to recover from the renter all the legal cost.
19.6 If the renter enters into this agreement on behalf of any principal, including any undisclosed principal, he shall be personally liable jointly and severally with his principal.
19.7 The renter chooses the address specified in the rental agreement document as his domicile citandi et Exectandi and any notice posted to him there be deemed to be received three days after it was posted unless he proves the contrary.
19.8 Melbic Car Rentals, Tours & Transfers cc reserves the right to substitute vehicles reserved with a similar vehicle should the vehicle reserved not be available at the time of hire.
19.9 Melbic Car Rentals, Tours & Transfers cc takes no responsibility for any personal injuries or death of the RENTER or any passengers arising during the use of this vehicle or any other vehicle of Melbic Car Rentals, Tours & Transfers cc.
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