Below are the terms and conditions of hire when using one of our motorcycles on our Southern Africa tours. To proceed with bike hire you must be over 25 years of age – if you are not, special arrangements can be made – and you must place a deposit of £1000, within one week of departure, which is your excess payment in the event of the bike being damaged while in your hands. If no damage occurs, the full £1000 will be returned to the hirer within one week of the tour’s end. In the case of damage to the bike, we will endeavour to produce an estimate as soon as is possible and the balance will be returned to the hirer as soon as this is done and the tour is completed. Below you will find the full terms & conditions under which you will be hiring the bike.
TERMS AND CONDITIONS OF RENTAL AGREEMENT
1. DEFINITIONS 7.1
Notwithstanding anything to the contrary contained elsewhere in this agreement, the Licensee shall be entitled to terminate this agreement in its sole discretion at any time by notice to the renter and/or driver and or representative of the renter and/or driver, whereupon the renter shall return the motorcycle to the Licensee upon demand.
In this agreement, unless the context indicates otherwise, the following expression shall bear the following meanings:
1.1 “THE LICENSEE”
Means the company that owns the hire bike.
1.2 “THE RENTER”
Means the renter booking the bike.
1.3 “THE DRIVER”
Means the renter and/or the driver and/or the additional driver described overleaf.
1.4 “THE MOTORCYCLE”
means the motorcycle described overleaf or any other replacement motorcycle provided to the renter by the Licensee, (including the documents, keys, tyres, tools and accessories supplied with the motorcycle).
1.5 “THE RENTAL PERIOD”
Means the period as specified in the tour itinerary to which the rental pertains.
1.6 “THE EXCESS”
Means the amount the hirer forgoes to the renter in the event of a claim.
1.7 “PERSON”
Includes any natural person or legal entity. Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa.
RISK AND DELIVERY
2.1 The motorcycle shall be at the sole risk of the renter from the date and time of delivery of the motorcycle to him until the motorcycle is returned to the Licensee. The motorcycle shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted.
WARRANTIES BY RENTER
The renter warrants that:
3.1 All particulars and representations given and made by the renter are true and correct.
3.2 The signatory who signs this agreement on behalf of the renter is authorised to act as such.
3.3 The driver holds a valid driver’s licence for the motorcycle, has not been convicted of any criminal offence which resulted in the cancellation of his driving licence, will not drive the motorcycle under the influence of alcohol and has held his driver’s licence for a minimum period of one year.
3.4 Neither he nor the driver have defective vision or hearing, ever had a fit, have any undisclosed physical infirmity.
3.5 No person other than the driver shall drive the motorcycle.
3.6 The driver will lock the motorcycle and ensure that the keys of the motorcycle are properly controlled.
3.7 The motorcycle shall not be used or driven for the conveyance of persons or property for hire, in contravention of an in breach of any law, in any race, speed test or contest.
3.8 The motorcycle shall not be used or driven in any way which would constitute a breach of any of the provisions of this agreement.
3.9 No insurer or underwriter has ever declined his application for any form of motor insurance, cancelled his policy, refused to renew his policy or required an increased premium or imposed special conditions on him or the driver.
PAYMENTS
The renter agrees to pay to the Licensee the aggregate of the amounts payable in terms of sub-clause 4.1 to 4.9 inclusive.
4.1 The motorcycle rental rates as set out herein in terms of the rate card or any other rate agreed in writing between the renter and the Licensee, as the case may be.
4.2 Any other fees and/or charges accepted by the renter in terms of this agreement and/or levied in accordance with the rate card.
4.3 The cost of fuel supplied for the motorcycle by the Licensee.
4.4 All fines, taxes, charges, stamp duties, levies and tolls payable by the Licensee to any authority arising out of the use of the motorcycle by the renter.
4.5 All and any costs, losses or damages incurred by the Licensee in procuring the return of the motorcycle to the terminating office described overleaf, or such other location as determined by the Licensee in its sole discretion.
4.6 Any damages or losses suffered by the Licensee due to the failure of the renter to return the motorcycle on the expiry of the rental period, including but without limiting the generality of the foregoing, all amounts which would have been payable by the renter in terms of this agreement if the rental period had been extended to the actual date of return of the motorcycle to the Licensee.
4.7 All fines and court costs payable by the Licensee for any legal violation assessed against the motorcycle, renter or Licensee.
4.8 Any costs, including attorney’s fees (on an attorney and client basis), collection commission and tracing charges directly or indirectly incurred by the Licensee in enforcing any of its rights or recovering any amounts in terms of this agreement.
4.9 All costs incurred by the Licensee in repairing any damage of any nature whatsoever to the vehicle and any loss or damages suffered by the Licensee as a result of theft, fire or any cause whatsoever.
INDEMNITY
5.1 The renter indemnifies the Licensee against any claim by any person for any damage of any nature whatsoever suffered as a result of any incident involving the motorcycle whether as a result of the Licensee’s negligence or otherwise.
5.2 The Licensee shall not be liable for any damage arising out of any defect in or mechanical failure of the motorcycle, nor for any loss of or damage to any property transported in or left on the motorcycle, nor for any indirect damages, consequential loss, loss of profits or any other damages which the renter or the driver or any person transported on the motorcycle may suffer arising out of this agreement.
RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE
10.1 If the motorcycle is involved in any accident or collision or is lost or the motorcycle or any part thereof is stolen, or is involved in any incident which could prejudice the rights of the Licensee, the driver shall take all such steps to safeguard the interest of the Licensee, including, but not limited to, the following where appropriate.
10.1.1 He shall obtain the name and addresses of everyone involved and of possible witnesses.
10.1.2 He shall not admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability.
10.1.3 He shall notify the Licensee as soon as possible.
10.1.4 Within 48 (forty eight) hours of the occurrence in question he shall complete and furnish to the Licensee the Licensee’s standard claim form.
10.1.5 Within 48 (forty eight) hours of the occurrence in question, he shall submit a copy of his driver’s licence to the Licensee.
10.3 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 11. If the renter is not the driver and the driver does not comply with the conditions as set out in clause 11, hereof, the renter shall automatically become liable for all damages, including any third party claims.
10.4 The renter shall furnish the Licensee (and if the renter is not the driver the renter shall also ensure that the driver furnishes to the Licensee) any notice of claim, demand, summons or the like, which the renter or the driver may receive in connection with the motorcycle.
10.5 The driver shall not be entitled to effect any repairs to the motorcycle whether mechanical, structural or otherwise without prior written consent of the Licensee.
GENERAL
11.1 The renter acknowledges that ownership in the motorcycle shall at all times remain vested in the Licensee, or the true owner of the motorcycle and that the Licensee may at any time for any reason whatsoever re-take possession of the motorcycle on its own behalf or acting as a duly authorised agent for and on behalf of the true owner of the motorcycle.
11.2 The renter shall not be entitled to cede or assign any of his rights and obligations under this agreement or to sublet or part with possession of the motorcycle, its tools or equipment or any part of it.
11.3 The cost of fuel is not included in the amount of the rental.
11.4 If the renter is not the driver, then, without in any way derogating from the renter’s obligations in terms of this agreement, the renter and the driver, will be liable to the Licensee jointly and severally for any amounts owing under the agreement including but not limited to damages.
11.5 The renter declares that he has not been induced to enter into any provision of this agreement upon any representation made by or on behalf of the Licensee with regard to the delivery time, the condition, quality, state of repair, performance capability, fitness or suitability for any purpose, of the motorcycle, or anything else whatsoever in respect of any of the matters above mentioned for any other purpose under this agreement.
11.6 Save as otherwise stated in this agreement any addition to or alteration of this agreement shall be null and void unless agreed upon by the Licensee in writing.
11.7 Waiver by the Licensee of any breach of this agreement shall not prejudice any rights of the Licensee under this agreement.
11.8 Any payment, which the Licensee may receive from the renter or from any other person on behalf of the renter, may be appropriated by the Licensee in its sole discretion to any liability of the renter under this agreement.
11.9 The parties consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction over the parties, for all purposes under this agreement, notwithstanding that the subject matter or cause of action involved be otherwise beyond the jurisdiction of the said court.
11.10 The renter chooses domicilium citandi et executandi for purposes of this agreement, at the renter’s address specified overleaf or in the case of that address not being within the Republic of South Africa, at the driver’s local address specified overleaf, or at booking.
11.11 By his signature hereto as the authorised agent of the renter such signatory undertakes personal liability for the renter’s obligations hereunder, notwithstanding anything to the contrary contained herein.
11.12 This document contains the entire agreement between the parties regarding the matters contained herein and the licensee shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein.