Terms and Conditions

DRIVIC B.V. GENERAL TERMS AND CONDITIONS OF RENTAL AGREEMENT VEHICLES

The Rental Contract comprises these terms and conditions setting out the rental details with each vehicle at the rental point. The Rental Contract is made between Drivic B.V. (herein referred to as “the Owner”) and the person and/or company signing the Rental Contract (hereinafter referred to as “the Renter”) whose particulars are recorded in the Rental Contract. It is hereby agreed as follows:

 

VEHICLE DESCRIPTION AND TERM OF RENTAL

1. The Owner will let and the Renter will take the motor vehicle, details of which are described in the Rental Contract, for the term of the rental as described in the Rental Contract.

PERSONS WHO MAY DRIVE THE RENTAL VEHICLE

2. The Vehicle may be driven during the term of the rental only by the persons named on the Rental Contract, and only if they hold a current full valid driver’s license appropriate for the particular Vehicle while they are using the Vehicle.

PAYMENT BY RENTER

3. The Renter shall pay the Owner for the rental of the Vehicle the sum or sums specified in the Rental Contract; and authorizes the Owner to charge all amounts payable to the Renter’s account. The Renter’s account means a nominated debit card, credit card or pre-arranged charge account or a deposit made by Renter to Lessor.
4. In addition to the payment specified in clause 3 above, the Renter acknowledges that they shall be liable at the end of the rental term to pay to the Owner any applicable additional charges payable at the end of the term. These include, but are not limited to:

• Charges for gasoline or other fuel used;
• Charges for late return of the Vehicle;
• Charges for damage to or repair of the vehicle (subject to the other terms of the Rental Contract); and any enforcement charges relating to such damage or repairs (including legal expenses). The Renter shall bear the insurance deductible for any damages and repairs unless the Renter has purchased additional coverage.
• Charges for cleaning the Vehicle’s interior if the Vehicle is returned in an excessively dirty condition that requires extra cleaning and/or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odors including cigarette smoke;
• Traffic and/or parking offence infringement fees;
• Any surcharges in connection with the use of a debit or a credit card by Renter.

5. The Owner will charge the amounts set out in clauses 3 and 4 above to the Renter’s account during or after the term of rental is completed, or the Renter may pay such charges as agreed with the Owner, such choice to be at the Owner’s sole discretion.
6. If the Renter fails to pay any money due under or in connection with the Rental Contract within 14 days of the date by which the Renter was required to pay the money, the Owner may, without prejudice to any other rights or remedies the Owner may have or be entitled to, charge the Renter and the Renter must pay all additional costs as outlined below:

• Penalty charge at 10 % (compounded daily) on the total amount owing from the expiry of 14 days from the date on which the Renter was required to pay the money to the date of payment;
• All costs incurred by the Owner for the collection of the unpaid money by a debit collection agency or other external or legal agency; and
• An administration fee of ANG 100,- plus 6 % Turnover Tax (OB).

USE OF THE VEHICLE

7. The Renter shall not:

• Use or allow the Vehicle to be used for the transport of passengers for hire or reward unless the Vehicle is hired with the Owner’s knowledge for use in a passenger service;
• Sublet or rent the Vehicle to any other person or company;
• Allow the vehicle to be used outside his/her authority;
• Operate the vehicle or allow it to be operated in circumstances that constitute an offence against the law (which relates to driving under the influence of alcohol or drugs);
• Operate the Vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of these;
• Operate the Vehicle or allow it to be operated, in breach of rules and regulations or bylaws relating to road traffic;
• Drive or allow the Vehicle to be driven by any person if at the time of driving the Vehicle the driver does not hold a current full valid driver’s license appropriate for the Vehicle;
• Allow the Vehicle to be driven by any person who is not named or described in the Rental contract as a person permitted to drive the Vehicle;
• Operate the Vehicle or allow it to be operated to propel or tow any other vehicle;
• Operate or allow the Vehicle to be used in involvement with any illegal activity; or
• (Allow any person to smoke in the Vehicle.)

RENTER’S OBLIGATIONS

8. The Renter shall insure that:

• All reasonable care is taken when driving and parking the Vehicle;
• The water in the Vehicle’s radiator and battery is maintained at the proper level;
• The oil in the Vehicle is maintained at the proper level;
• Only the fuel type specified for the Vehicle will be used;
• The tires are maintained at their proper pressure;
• The Vehicle is locked and secure at all times when it is not in use and the keys kept under the Renter’s personal control at all times;
• The distance recorder or speedometer are not interfered with;
• No part of the engine, transmission, braking or suspension systems are interfered with;
• Should a warning light be illuminated or the Renter believes the Vehicle requires mechanical attention, the Renter will stop driving and advise the Owner immediately;
• All drivers authorized to use this Vehicle during the term of the rental are aware of and comply with the terms outlined in the Rental Contract; and
• Any authorized driver carries their driver’s license with them in the Vehicle at all times and will produce it on demand to any enforcement officer.

OWNER’S OBLIGATIONS

9. The Owner shall supply the Vehicle in a safe and roadworthy condition, up to current certificate of fitness standards.

MECHANICAL REPAIRS AND ACCIDENTS

10. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Renter shall notify the Owner of the full circumstances by telephone immediately.
11. The Renter shall not arrange or undertake any repairs or salvage without the Lessor’s authority (this includes, but is not limited to, purchasing a replacement tire) except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property.
12. (24 Hour Roadside Service is free for all inherent mechanical fault (as determined by the Owner or its authorized repairer) related to the Vehicle specified in the Rental Contract. For all other roadside assistance call outs including refueling, jump start, tire related incidents, lost keys and keys locked in the Vehicle, a service fee will be charged).
13. If the Vehicle requires repair or replacement, the decision to supply another Vehicle to the Renter is at the Owner’s sole discretion.

RETURN OF VEHICLE

14. The Renter shall, at or before the expiry of the term of rental, deliver the Vehicle to the agreed rental location described in the Rental Contract or obtain Owner’s consent to the continuation of the rental (in which case the Renter shall pay additional rental charges for the extended time of rental). If the Renter does not comply with this clause, and does not immediately return the Vehicle, the Owner may report the Vehicle as stolen to the police and the Renter must compensate the Owner for either the full cost of the Vehicle, or all additional costs and losses incurred up to the time that the Vehicle is recovered by the Owner.

LIABILITY

15. The Renter is liable for:

• Any loss of, or damage to, the Vehicle and its accessories;
• Any consequential damage, loss or costs incurred by the Owner, including salvage costs, loss of ability to rental again and loss of revenue; and
• Any loss of, or damage to, Vehicles and property of third parties, arising during the term of rental.

INSURANCE

16. The Renter is advised that motor Vehicle insurance must be offered by the Owner.
17. The Renter’s liability is covered by the Owner’s insurance up to the value of Nafl. 150.000,-
18. An additional Damage Administration fee of ANG 150 plus Turnover Tax (OB) will be applied for processing damage claims.
19. The Renter acknowledges that the insurance coverage will not apply:

• At any time when the driver of the Vehicle is under the influence of alcohol or any other drug;
• At an time when the Vehicle is in an unsafe or unworthy condition, such condition arising during the course of the rental, that caused or contributed to the damage or loss, and the Renter was or driver was aware or should have been aware of the unsafe or unworthy condition of the Vehicle;

INSURANCE EXCLUSIONS

20. The Renter acknowledges that the cover referred to in clause 17 will not apply:

• At any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the Vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to the parts of the Vehicle;
• At any time when the Vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation of any of these;
• At any time when the Vehicle is driven by anyone not named or described in the Rental Contract as a person permitted to drive the Vehicle;
• At any time when the Vehicle is driven by an unlicensed person;
• At any time when the Vehicle is willfully or recklessly damaged or lost by the Renter, a nominated driver, or a person under the Renter’s authority or control;
• At any time when the driver commits a traffic offence while driving the Vehicle;
• At any time when the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
• At any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
• To any fine or penalty imposed as a result of prosecution for breach of any law;
• To any puncture, cut or bursting of any tire, or damage to any tire by application of brakes;
• To any wear and tear to the vehicle;
• At any time when the Vehicle was operated beyond the terms of the Rental Contract or any agreed extension of these terms, or at any other time or in any other circumstances notified by the Owner to the Renter.

TRAFFIC OFFENCES

21. All penalties related to traffic and/or parking offences are the responsibility of the Renter, and the Owner may charge the Renter’s credit card for any traffic and/or parking offence infringement fees incurred by the Renter. The Owner undertakes, in the event that the Owner receives notice of any traffic or parking offences incurred by the Renter, to send a copy of any such notice to the Renter as soon as is practical and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Renter.

CANCELLATION OF THE RENTAL AGREEMENT

22. The Owner has the right to terminate the rental and to take immediate possession of the Vehicle if the Renter fails to comply with any of the terms of the Rental Contract, or if the Vehicle is damaged. The termination of a rental under the authority of this clause shall be without prejudice to the other rights of the Owner and the rights of the Renter under the Rental Contract or otherwise.