EARN-A-CAR (Pty) Ltd

TERMS & CONDITIONS of DAILY RENTAL CONTRACTS

1. Rental Location Requirements

  1. Payment must be made prior to the pick- up of the vehicle, or a valid credit card must be presented, and this should have enough funds to pay the rental plus the rental deposit
  2. Full name, residential, postal and business address, mobile number, work landline telephone number and contact number of next of kin.
  3. Valid Driver’s Licence plus passport or identity document.
  4. Where cash is required, you will only be advanced the vehicle once the money has cleared in our account.  Please note that Earn-a-Car (Pty) Ltd has the right to refuse cash trade.

2. Driver’s License Requirements

  1. South African law requires a driver to have a valid unendorsed driver’s licence in their possession whilst driving a vehicle on the road in South Africa.
  2. Earn-a-Car (Pty) Ltd requires the driver/s to have held their drivers’ licence for a minimum of two (2) years.
  3. An additional driver is authorised only if you pay an additional driver charge and provided that the additional driver has held a driver’s licence for a minimum of two (2) years.
  4. The driver and or person hiring the vehicle in possession of a foreign driver’s license is required to have an international driver permit or English Translation should the foreign drivers licence not be in English
  5. A Foreign Driver’s License needs to have the recipient’s signature and photograph to be valid
  6. Earn-a-Car (Pty) Ltd Car Rental adheres to the National Road Traffic Act, Act no 93 of 1996 as some foreign Driver’s Licences may not be covered if an incident occurs without an International Drivers Permit
  7. An International Drivers Permit is not a licence and cannot be used independently or instead of your Foreign Driver’s Licence

Purpose of International Drivers Permit

    • It authenticates your Foreign Driver’s Licence.
    • Is only valid for driving a vehicle within the categories that are covered by their Foreign Driver’s Licence;
    • Is no longer valid once the actual corresponding Foreign Driver’s Licence has expired.

3. Important General Rental Conditions

  1. Renter refers to any party to this agreement whether the driver, additional driver or authorised signatory.
  2. A Earn-a-Car (Pty) Ltd representative is a person in a Earn-a-Car (Pty) Ltd uniform bearing a Earn-a-Car (Pty) Ltd name badge.
  3. Vehicles are rented subject to Earn-a-Car (Pty) Ltd terms and conditions as contained in these terms and conditions and in terms of the terms and conditions printed on the reverse of your rental agreement.
  4. Please refer to your referring website, travel agent, corporate agreement or booking confirmation for all fees, rates, limited liabilities and applicable levies or charges. A Earn-a-Car (Pty) Ltd Rental Agent can also assist with explanation of charges on your booking.
  5. 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.
  6. If the vehicle is driven by anyone other than you, you shall remain liable for all your obligations in terms of this agreement as if you had been the driver.
  7. The vehicle is deemed to be returned only once the keys have been returned to a Earn-a-Car (Pty) Ltd representative, you will be billed until such time.
  8. Fuel is charged from depot to depot, and the renter agrees to pay for the fuel used from place of collection to the depot. Where the fuel charge is R0,10 – R499,99 there will be no charge.  Earn-a-Car (Pty) Ltd will charge a R40 refilling service charge where refuelling is over R500.
    Please note that even if the vehicle gauge displays ‘Full”, Earn-a-Car (Pty) Ltd will still refill the vehicle to ensure that it is completely full, as per when it was initially collected.
  9. You agree that you are not allowed to permit any servicing, repairs or towing to be done to the vehicle unless authorised by Earn-a-Car (Pty) Ltd.
  10. 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. Refunds of deposits will be done on termination and can take up to 3 weekdays to process.
  12. A fee of R250 is applicable for international clients who require a refund to be done into an international account

4. Rental Vehicle Deliveries

  1. Renter shall take delivery of the vehicle at the place specified in the Rental Agreement.
  2. Earn-a-Car (Pty) Ltd cannot accept responsibility for late delivery of vehicle due to circumstances outside of our control.
  3. The renter acknowledges that the vehicle is delivered by Earn-a-Car (Pty) Ltd free of any damage and in good order and state of maintenance unless damages are recorded on the check sheet/check list and signed by a Earn-a-Car (Pty) Ltd representative.

5. Termination – Return of Vehicle

  1. On the date of return the renter shall return the vehicle to Earn-a-Car (Pty) Ltd at the location specified in the rental agreement. The vehicle must be parked in a safe and accessible location and locked and the keys must be handed to a Earn-a-Car (Pty) Ltd representative.
  2. Failure to return the vehicle in terms of this agreement shall constitute illegal possession of the vehicle by the renter, Earn-a-Car (Pty) Ltd may repossess the vehicle at their discretion, and report the vehicle stolen.
  3. Upon the return of the vehicle, the keys must be handed to a Earn-a-Car (Pty) Ltd representative. Failure to do so will result in the rental being billed up until the keys are returned to Earn-a-Car (Pty) Ltd.
  4. Renters must make themselves aware of Earn-a-Car (Pty) Ltd working/office hours and collect/return times of each location. In the event that the location is closed then the renter must return the vehicle at the next convenient open time. The parked vehicle shall be at renter’s sole risk of loss or damage until Earn-a-Car (Pty) Ltd has recorded the return of the vehicle.
  5. The vehicle shall be at the renter’s sole risk from the date of delivery up and until the vehicle is returned to Earn-a-Car (Pty) Ltd.
  6. Each vehicle is refuelled on termination irrespective of whether renter has refuelled the vehicle and the renter may be liable for a refuelling fee and the cost of the fuel.  See point 3,8.

6. Extension of Rental

  1. If the renter wishes to extend the rental beyond the original return date, authorisation must be obtained from Earn-a-Car (Pty) Ltd. Failure to do so will result in breach of all terms and conditions and Earn-a-Car (Pty) Ltd will immediately negate all waivers. (see list of factors that negate the waivers).
  2. Additional days will be charged directly to the renter at the brochure rate for a 1-day rental.

7. Cross Border Travelling

  1. Vehicles are not permitted into Zimbabwe, Botswana, Lesotho, Swaziland, Namibia and Mozambique, or any other borders.

8. Waivers

  1. Choosing Theft and Collision (Damage & Loss) waivers limits the renter’s liability to the reduced liability amount charged in the event of loss or damage to the vehicle.
  2. The renter is responsible for the full replacement value of the vehicle should loss or damage be caused due to wrong and/or illegal actions or omissions (see list of factors that negate the waivers).
  3. In the event of damage or loss, the renter is liable for 2 times liability amount where:
    3.1 The vehicle is parked in/on the street and is stolen
    3.2 The vehicle is uneconomical to repair.
    3.3 Where the road conditions are unsuitable for driving.
    3.4 During week-end rentals.
    3.5 Where there was no other vehicle is involved, and the damage is more than R40 000.
  4. In the event of damage to the undercarriage and/or glass of the vehicle, Earn-a-Car (Pty) Ltd may exclude such damage from the waiver.

9. Factors that negate waivers or instances where the renter will have full liability

  1. Any wrong and/or illegal actions or failure to act which result in damage or loss of the vehicle.
  2. Driving under the influence of alcohol, illegal substances or any substance that diminishes your capacity.
  3. Unauthorised persons driving the vehicle.
  4. Unauthorised cross border rentals.
  5. Not adhering to traffic, road and driving regulations.
  6. Failing to report the collision or damage to Earn-a-Car (Pty) Ltd and the nearest Police Station within 24 hrs of the incident.
  7. Failure in reporting the loss to Earn-a-Car (Pty) Ltd and Police Station within 6 hours in the event of theft.
  8. Failure to produce the vehicle keys in case of theft unless exceptional circumstances apply.
  9. Not reporting the exact details of the last known location of the rental vehicle prior to theft.
  10. Failure to obtain authorisation from Earn-a-Car (Pty) Ltd and effect payment for rental extensions.
  11. Not using the vehicle for its intended purpose.
  12. Should the waivers be negated Earn-a-Car (Pty) Ltd will repudiate any third-party claims.
  13. Personal belongings stolen or lost are not covered.

10. Loss and/or Damage

  1. Renter is required to contact Earn-a-Car (Pty) Ltd immediately in the event of loss or damage and a full report must be made to the nearest Police Station within at least 24 hours where an accident has occurred and 6 hours in the case of loss. A Police Services Case number must be obtained.
  2. A Claim Form must be completed; these are obtainable from any Earn-a-Car (Pty) Ltd branch.
  3. Where the vehicle is not drivable, contact (by phone) Earn-a-Car (Pty) Ltd and an authorised towing company will be appointed to uplift the vehicle.
  4. Earn-a-Car (Pty) Ltd will appoint an assessor, preferably within 72 hours of the accident.
  5. Supplying a replacement vehicle after a damage or loss incident is entirely at our discretion and we reserve our rights accordingly.

11. Third Party Claims

  1. Should the renter be involved in an accident where the fault was not that of the renter, the renter is still responsible until a third-party recovery has been made by Earn-a-Car (Pty) Ltd.
  2. Earn-a-Car (Pty) Ltd will reimburse the renter the liability amount or the pro rata amount once we have received full settlement from the third party.
  3. The amount reimbursed is determined by previous case law and the offer received and will be split accordingly between the renter and the third party.
  4. Towing, assessor’s fee, storage and claim handling fee is not refundable, regardless of a successful third-party recovery.
  5. If waivers are accepted and no factors apply to negate the waivers then Earn-a-Car (Pty) Ltd shall settle the third-party liability claims to the maximum value of R45 000, the renter is liable for any amount exceeding this total. This settlement is further limited to direct damage caused to property movable/immovable and excludes consequential loss.

12. Additional Reductions in Liability and Non-Standard Accessories

  1. Any optional extra like GPS’ baby seats or trailers may or may not be available on request at time of reservation and any fees or applicable reduced waiver liability will be charged to the renter.
  2. The renter is responsible for the correct installation of any accessories rented and as such accepts liability for any damages to such accessories.

13. Right to Disclosure and information

  1. The renter is liable for the cost of towing, as well as any unauthorised towing, storage, release, glass, tyres, rims, water and under-carriage damage to vehicle.
  2. Should a vehicle require valet cleaning, the valet charges will be billed to the renter.
  3. Should the renter disobey the traffic regulations which results in a fine, such notice will be directed to the renter and the renter will be charged a fine admin fee, and if the admin fee is not paid, the renter shall be liable for all legal costs incurred in recovering this fee..
  4. All open road tolling fees incurred will be charged to the renter.
  5. In the event of damage or loss of the vehicle a claim handling fee will be charged to the renter.
  6. Toll fees, fuel or game park entrance fees will be billed in addition to a delivery or collection charge.

14. Both Parties Right to Equality

  1. The Renter is satisfied that Earn-a-Car (Pty) Ltd did not treat them unfairly, discriminate against them, or act in a manner that is different from the manner in which any other customer is treated in respect of the service provided.
  2. All customers and Earn-a-Car (Pty) Ltd themselves have the Right to Fair and Honest Dealings.

15. Exemption

  1. Earn-a-Car (Pty) Ltd, it’s employees and agents shall not be liable for any loss or damage, whether indirect or direct, arising out of any mechanical failure or defect or the safety of the vehicle, or the driving or use of the vehicle nor for any direct or indirect loss, consequential damages, loss of profits or special damages arising out of any of the foregoing. Earn-a-Car (Pty) Ltd, its employees and agents do not accept any liability for any loss of or damage to any property transported in or left in the vehicle or any other damages or loss as a result of the conveyance of the driver and/or any other passengers. No warranties as to the condition or the vehicles, state of repair of the vehicles, performance capabilities of the vehicles, year of manufacture of the vehicles, odometer reading or anything else concerning the vehicle are given by Earn-a-Car (Pty) Ltd, its employees or agents.

16. Legal Terms

  1. All notices and legal processes in terms hereof shall be delivered or given to the renter at the address set out in the rental agreement (which is the renter’s chosen address for legal purposes). Any legal notice posted to renter shall be deemed to be received 7 days after being posted, unless renter proves the contrary, and to Earn-a-Car (Pty) Ltd at their registered legal address: 8 Jubilee Street, Kempton Park, Johannesburg.
  2. Renter consent to the geographic area of the Magistrate’s Court having authority over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the authority of such court. This consent shall not however, prejudice Earn-a-Car (Pty) Ltd in respect of their right to proceed in any court of competent authority.
  3. Where language is argued, The English version of this agreement will prevail over other languages in the event of a dispute.
  4. This is the entire agreement, no variation or cancellation shall be valid unless in writing and signed by renter and Earn-a-Car (Pty) Ltd.
  5. Earn-a-Car (Pty) Ltd may claim and recover from renter on demand all costs and expenses incurred by Earn-a-Car (Pty) Ltd in consequence, directly or indirectly, of any breach by renter of this agreement, including attorney-and-client costs, collection commission and any costs of tracing the renter or the vehicle.
  6. A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity of the agreement as a whole.
  7. This agreement shall be governed by the laws of the Republic of South Africa.
  8. The renter acknowledges and accepts all the charges charged by Earn-a-Car (Pty) Ltd in terms of this agreement, including any charges relating to loss and damage to the vehicle.
  9. The renter authorises Earn-a-Car (Pty) Ltd to do ITC checks or any other checks on the renter required by law on the renter, if required.

17.  Gauteng E-toll Policy

  1. All e-tolls will be for the account of the customer at the standard tariffs published in the government gazette, these will be charged and due for payment every 30 days from the start of the rental, or at the end of the rental if it is less than 30 days.  Tolls are charged depot to depot, so toll fees incurred during delivery will be for the renters account.
  2. Earn-a-Car (Pty) Ltd offer an option where a renter can lessen the admin burden on Earn-a-Car (Pty) Ltd Car Rental by paying a flat R25 per day fee for GFIP etolls only.  Should a renter not inform Earn-a-Car (Pty) Ltd Car Rental that they wish to take advantage of the flat fee, the default will be that standard tariffs apply.
  3. A renter’s liability for etolls will be capped at R915 per calendar month, plus any tolls outside of the GFIP area, ie Bakwena etc.
  4. Lost etags will be billed at R500
  5. If the renter uses the etag to go through toll roads outside of the GFIP area, a R10 per transaction fee will be charged.  Drivers are encouraged to use the cash only teller when passing through these toll gates to avoid the per transaction fee.