Long Way Moto CC Terms & Conditions
1. DEFINITIONS
A. ” Long Way Moto ” means Long Way Moto CC, trading as Long Way Moto;
B. “rental” means the person (natural or juristic) described on the rental agreement as the renter, jointly and severally, with the person on whose behalf the signatory enters this agreement, and/or the account holder as described on the rental agreement;
C. “driver” means the renter described on the rental agreement;
D. “the vehicle” means the motorcycle or vehicle described on the rental agreement together with any additional equipment which travels with/on the vehicle, and all keys, spares, accessories, tools and documents relating to the vehicle, and includes any replacement vehicle authorised by Long Way Moto.
E. “the rental period” means the period that the renter and/or the driver has the vehicle in his possession or under his control, commencing from delivery of the vehicle to the renter, until return of the vehicle to Long Way Moto.
F. “delivery” means the handling over to the renter of possession or control of either the vehicle or the vehicle’s keys, whichever first occurs;
G. “day” means the 24 hours following the time stipulated as “time” on the reverse side, or any part thereof if the vehicle is returned to Long Way Moto prior to the expiry of the 24-hour period;
H. “the rental agreement” means the document headed “Rental Agreement” and the terms and conditions set out below;
I. “this agreement” means the terms and conditions set out below, the document headed “Rental Agreement” and, where applicable, the agreement to which these terms and conditions and the reverse side are an annexure;
J. words in the singular include the plural and vice versa, and words denoting any one gender include the others.
2. RENTAL OF VEHICLE
The vehicle is rented from Long Way Moto to the renter upon the terms and conditions contained in this agreement.
3. PAYMENT
A. The renter shall pay the rates stipulated on the rental agreement for the days of the vehicle is rented and the kilometres travelled during the rental period, as well as all other charges accepted by the renter on the rental agreement.
B. If during the rental period the renter receives any service or benefit contemplated in this agreement but for which no basis for changing is specified, then the renter shall pay a charge determined on the basis (if any) specified in the official rates brochure or, if no basis is specified, on Long Way Moto’s usual basis then applied by it.
C. Long Way Moto may, at its discretion, require the renter to pay a deposit in an amount determined by Long Way Moto, prior to delivery of the vehicle to the renter. Long Way Moto may utilise the deposit to pay any amounts payable to it in terms of this agreement or otherwise in law.
D. All payments shall be due and payable on termination of the rental period.
E. If any amount is not paid on due date, Long Way Moto may, without prejudice to any rights it may have, charge interest on the overdue amount at a rate equal to the highest of the “annual finance charge rates” then permitted for “leasing transactions” in terms of the National Credit Act, Act 34 of 2005, as amended.
F. The renter shall pay all costs of petrol, oil and the like used during the rental period as well as all costs necessary to return the vehicle to Long Way Moto on termination of the rental period, including but not limited to, towing charges, levies, tolls and taxes.
G. The renter shall be liable for all fines, penalties, parking, traffics and other criminal offences arising out of the use of the vehicle during the rental period and hereby indemnifies Long Way Moto accordingly.
H. The authorisation on the rental agreement to debit the renter’s credit card or charge card is in respect of the full amount due in terms of this agreement.
I. In the event that the renter returns the vehicle to Long Way Moto prior to the due date on the rental agreement, the renter shall pay, at the discretion of Long Way Moto, either the usual rates applicable to the period and/or kilometres actually used, or the rates as if the full minimum rental period and/or kilometres travelled actually occurred.
J. In determining the kilometres travelled for the purposes of 3.A above:-
a. the kilometres shall be calculated from the vehicle’s departure from a Long Way Moto location to the return of the vehicle to a Long Way Moto location.
b. the kilometres shall be determined by the vehicle’s odometer. However, should the odometer cease to operate effectively as a result of a mechanical failure, the renter shall be obliged to inform Long Way Moto of the use to which the vehicle has been put during the rental period and Long Way Moto shall make a reasonable assessment of kilometres travelled which shall be binding upon the renter.
c. the renter shall pay a rental charge calculated at 500 (five hundred) kilometres per day or from the time delivery was taken of the vehicle by the renter, to the time of return to Long Way Moto should the odometer fail to operate efficiently by reason of having been tampered with, or for any other reason other than mechanical failure.
4. DELIVERY AND RISK
A. Risk on the vehicle shall pass to the renter on delivery of the vehicle to the renter and shall remain at the risk of the renter until return of the vehicle to Long Way Moto.
B. Return of the vehicle to Long Way Moto shall mean the later of:-
a. Handling over possession or control of the vehicle to an unauthorised representative of Long Way Moto; or
b. handing the keys to an authorised representative of Long Way Moto, or in terms of any other prior arrangement with Long Way Moto, once the vehicle is parked in a designated place and locked and secured.
C. The vehicle shall be deemed to have been delivered to the renter in a good and roadworthy condition, completely undamaged, the radiator, oil reserve and fuel tank filled, with an accurate odometer reading and tyres pumped according to specification.
D. The renter shall return the vehicle to Long Way Moto in the same condition it was in on delivery, fair wear and tear excepted, with the tank, radiator and oil reserve filled.
5. USE OF VEHICLE
A. The renter shall ensure that the vehicle is secured and protected at all times during the rental period, that the alarm and other security devices are activated when the vehicle is not in use, that the keys of the vehicle are at all times under the control of the renter, and that the accessories and radio and/or radio faceplate are removed (if they are removable) and kept in a secure place when the vehicle is not in use.
B. The renter shall not use the vehicle:-
a. in a manner and/or in areas that may directly or indirectly, cause damage to the vehicle, or place the vehicle at any risk whatsoever or for a purpose other than that for which it was intended or which is not appropriate for the type of vehicle;
b. to convey passengers or goods for reward, unless authorised by Long Way Moto;
c. to tow or propel any other vehicle or object other than a trailer (motorcycles excluded).
d. outside South Africa, unless prior written consent of Long Way Moto is obtained;
e. to transport animals.
C. The renter shall not sublet or lend the vehicle to any person, nor allow any person other than such person(s) to use, drive, possess or control the vehicle, nor cause or allow the vehicle to be subject to any lien or attachment, not allow the vehicle to be used for racing or competition of any kind.
D. The renter shall not affix a tow-bar, roof-rack or any other item to the bike without Long Way Moto’s prior written consent and, unless otherwise agreed, any item affixed on/to the vehicle shall become the property of Long Way Moto.
E. The renter shall:-
a. care for the vehicle prudently by, amongst other things, ensuring there is sufficient water, oil and petrol;
b. return the vehicle to Long Way Moto for lubrication as specified in the manufacturer’s service guide.
6. TERMINATION
A. The renter shall return the car to Long Way Moto on the due date and at the place stipulated on the rental agreement.
B. There shall be no extension of the due date on the rental agreement unless agreed with Long Way Moto, in which event the renter shall return the vehicle to Long Way Moto on the extended due date.
C. Long Way Moto may at any time during the rental period, for whatever reason, in its sole discretion, without notice to the renter and without being required to provide reasons, summarily terminate this agreement and immediately take possession of the vehicle. The renter shall have no claim of any nature against Long Way Moto in respect of such early termination and shall be liable to pay all amounts payable in terms of this agreement.
D. The renter acknowledges that use of the vehicle beyond the due date on the reverse side shall constitute illegal possession of the vehicle, subject to point 6.B, and he shall be liable to Long Way Moto for all costs, damages and loss suffered by Long Way Moto as a direct or indirect result. Long Way Moto shall be entitled to charge the renter on such basis as Long Way Moto shall determine for the use of the vehicle as if the due date on the reverse side had been extended.
E. This agreement shall terminate on expiry of the rental period.
7. WARRANTIES
A. The renter warrants that they:-
a. have, and have had for the past three years, a valid and unendorsed drivers license (which license he will produce to Long Way Moto whenever required to do so) and are legally entitled to drive the vehicle;
b. are over the age of 25 (twenty five) years;
c. shall comply with all the provisions of this agreement;
d. shall not drive or use the vehicle negligently or recklessly or whilst under the influence of alcohol or drugs;
e. do not have defective vision or defective hearing, do not have any physical infirmity and have never had a fit;
f. have not been convicted of any offence related to the driving of a motor vehicle;
g. will not breach any law whilst using the vehicle including, but not limited to, exceeding speed limits;
h. have not been refused an application for or renewal of motor vehicle insurance, not have had a motor vehicle insurance policy cancelled nor premiums increased nor special conditions imposed;
i. understand the meaning of the provisions of this agreement;
j. shall not carry any articles in/on the vehicle which may cause damage to the inside or outside of the vehicle.
B. The renter warrants further that:-
a. all particulars given to Long Way Moto and/or recorded on the rental agreement are true and correct;
b. no unauthorised person shall drive or use the vehicle;
c. they are entitled to enter into this agreement;
d. if the renter is not a natural person, the signatory on this agreement is authorised to bind the renter in terms of this agreement, and the renter shall be liable as if they/it were the signatory.
8. PROCEDURES IN THE EVENT OF ACCIDENT, THEFT AND DAMAGE
A. If during the rental period, the vehicle or any part thereof is involved in an accident or is damaged, lost or stolen (“the incident”) the renter shall take all responsible steps to protect the interests of Long Way Moto and Long Way Moto’s insurers, including but not limited to the following:-
a. obtain the name, address and telephone number of all persons involved in the incident and of possible witnesses;
b. not admit any liability for the incident, nor release any party from any liability, nor settle any claim against or by any party, nor accept any disclaimer of liability:
c. notify the police and Long Way Moto as soon as possible, but no later than 6 (six) hours after the incident has occurred, obtain a police reference number and give this number to Long Way Moto within 6 (six) hours of the incident.
d. within 48 (forty-eight) hours after the incident complete Long Way Moto’s accident report from which the renter shall be obliged to obtain from Long Way Moto, return the form to Long Way Moto and submit a copy of their driver’s licence to Long Way Moto;
e. ensure that the vehicle is safe and secure;
f. co-operate with Long Way Moto and its insurer in the investigation of and the institution of any claim or action and/or the defence of any prosecution or action relating to the incident.
g. furnish to Long Way Moto, immediately upon receipt, any demand or process of court which the renter or the driver may receive in connection with the incident.
B. If the renter is not the driver, then, without in any way derogating from the renter’s obligations in terms of this clause, the renter shall ensure that the driver complies with the provisions of this clause and the renter warrants that the driver will do so.
C. If the renter is not the driver, and the driver does not comply with the steps set out above, the renter shall be liable for all damages of whatever nature incurred by Long Way Moto arising directly or indirectly out of the incident.
9. NO LIABILITY AND INDEMNITIES
A. Long Way Moto shall not be liable to the renter or any other person for:-
a. any damages directly or indirectly arising from any patent or latent defect in or mechanical failure of the vehicle nor for any loss of or damage to any property transported or left in the vehicle;
b. any indirect damages, consequential loss, loss of profits or special damages of any kind for any breach by it of any provision or this agreement.
c. any damages as a result of late delivery of the vehicle or failure to deliver the vehicle or the vehicle being unable to be used for the purpose for which it is rented;
d. any damages as a result of any act or omission by Long Way Moto or any of its employees or agents or representatives.
B. The renter indemnifies Long Way Moto against any claim by any party for any loss or damage of any nature whatever suffered by any person as a result of:-
a. any event involving the vehicle, whether caused by Long Way Moto’s negligence or otherwise, to the extent that Long Way Moto does not recover the amount of such claim;
b. any claims of whatsoever nature arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle.
10. PERSONAL ACCIDENT INSURANCE
Long Way Moto shall not be liable to any person whatsoever for loss of life or for personal injury to any person, arising directly or indirectly from the use or condition of the vehicle.
11. BREAKDOWNS AND REPAIRS
A. The renter shall notify Long Way Moto immediately should the vehicle break down or require repairs and/or replacement of components (“repairs”)
B. The renter shall be liable for the cost of the repairs if:
a. such repairs were necessitated through the fault, negligence or recklessness of the renter and/or driver or as direct or indirect result of the renter’s breach of this agreement; or
b. the vehicle has been repaired without the prior written consent of Long Way Moto.
C. If, after the vehicle has been returned to Long Way Moto, Long Way Moto is of the opinion that the vehicle requires repairs of any nature, the renter shall be liable for the cost of repairs in the circumstances described in 11.B above.
12. GENERAL
A. The renter acknowledges that they have not relied on any representations as to the condition, state of repair, fitness for any purpose, performance or capabilities of the vehicle, the year of its manufacture, the odometer reading or anything else concerning the vehicle and confirms that no warranties have been made by Long Way Moto with regards to any other matter.
B. The renter shall not be entitled to cede or assign any of his rights or obligations under this agreement. The signatory shall be personally liable for the renter’s obligations in terms of this agreement as surety and co-principal debtor for fulfilment of the renter’s obligations.
C. The rental period is deemed to continue during the time the vehicle is being serviced or repaired during or following termination of this agreement and the renter is accordingly liable to pay the daily rates for such period.
D. The renter authorises Long Way Moto to insert any particulars on the agreement and on the terms and conditions of rental which are not known or are unavailable at the time of signature and to rectify any bona fide errors in any fact or calculation.
E. Any addition to or alteration of this agreement shall not be valid unless agreed by Long Way Moto in writing (other than to extend the due date).
F. The renter shall produce their drivers licence to Long Way Moto upon request. A renter holding a drivers licence issued outside South Africa shall, upon request, produce to Long Way Moto, in addition to his local drivers licence, a valid and unendorsed international drivers licence, if his local licence is not written in English.
G. The laws of South Africa shall govern this agreement.
H. The renter consents to the jurisdiction of the South African court to adjudicate any matter arising out of this agreement. The renter further consents to the jurisdiction of the Magistrates Court. Should Long Way Moto, at its election, bring legal proceedings in a Magistrates Court, notwithstanding that the amount involved exceeds the jurisdiction of the Magistrates Court.
I. Any indulgence granted by Long Way Moto to the renter for fulfilment of any terms or conditions of this agreement shall not prejudice any rights of Long Way Moto under this agreement.
J. Any costs, including attorney’s fees (on an attorney and client basis), collection commission, tracing charges, directly or indirectly incurred by Long Way Moto in enforcing any of its rights or recovering any amounts in terms of this agreement, shall be paid by the renter.
K. Long Way Moto shall be entitled to appropriate any payment received by it from the renter to any liability under this agreement.
L. The renter chooses domicilium et executandi for all purposes at the address specified on the rental agreement.
M. Long Way Moto shall be entitled to carry out a credit check on a renter with one or more credit agencies and shall also be entitled to advise any credit agency of any default by a renter.
N. In the event of renter negligence being a relevant factor, it shall be presumed that the renter was negligent until the contrary is proved by him.
O. Should the renter breach any condition of this agreement, or in the opinion of Long Way Moto act in a reckless or negligent manner, he shall personally be liable for all damages or loss whatsoever nature caused during the subsistence of this agreement arising from such conduct and shall pay on demand all claims made by or against Long Way Moto therefrom.
