Special offer
Early Bird Super
Receive up to 15% off your next Kenings Car Hire vehicle rental. Simply make sure that you book your vehicle at least sixty (60) days prior to delivery. View more specials »
Early Bird Super
Receive up to 15% off your next Kenings Car Hire vehicle rental. Simply make sure that you book your vehicle at least sixty (60) days prior to delivery. View more specials »
Terms and Conditions
This agreement is between THE CUSTOMER (referred to as “you”) and
Kenings Car Van & Truck Hire (Pty) Ltd (referred to as “we/us”).
In this agreement, except where the context indicates otherwise:
1.1. “THE CUSTOMER” means jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement.
1.2. “DAMAGES” (in relation to the VEHICLE) includes, but is not limited to, our expenditure in towing, transporting & storing the VEHICLE, the difference between the pre and post collision value in the case where a VEHICLE is uneconomical to repair; repairing any damage caused to the VEHICLE from the time of delivery to you and until the return to us; replacing parts or accessories (excluding normal wear and tear) and paying an expert to inspect damage and report thereon.
1.3. “EXTENDED PERIOD” means any period after the RETURN DATE requested by you and agreed to by us.
1.4. “RENTAL PERIOD” means the period commencing on delivery of the VEHICLE (clause 4.2) and terminating on the RETURN date or at the end of the EXTENDED PERIOD, if applicable.
1.5. “RETURN DATE” means the date stated on the face hereof on which the VEHICLE must be returned by you to us.
1.6. “VEHICLE” means the vehicle referred to on the face hereof and the keys of the said vehicle or any substitution in terms hereof.
1.7. “PERSON” includes any juristic and natural person, the singular includes the plural and one gender includes the other where applicable.
2.1. By your signature hereto, you confirm that you have an unendorsed and valid driver’s license and have had such for not less than two years and are above the age of 23. You agree that we have the right to verify that your license has been validly issued and that we may refuse to rent a VEHICLE to you if your license has been suspended, revoked or restricted in any way. An additional driver is authorized only if you pay an additional driver charge, and that person has a valid and unendorsed driver’s license for not less that 2 years, or is above the age of 23.
3.1. We let, and you hire, the VEHICLE for the RENTAL PERIOD at the agreed rate, plus additional charges. Where no additional charges are stated the rates on our Standard pricelist, or such other agreement as the parties may have entered into, shall apply. You will pay all taxes and charges for miscellaneous services which apply hereto and for the filling of the fuel tank.
3.2. All payments are due on demand, but at least on expiry of the RENTAL PERIOD. You shall not set-off or withhold payment of any amounts due by you in terms of this agreement for whatever cause.
4.1. The VEHICLE shall be at your sole risk for the RENTAL PERIOD.
4.2. You shall not:
4.2.1 Hire or lend the vehicle to anyone.
4.2.2 Permit the VEHICLE to be in the possession or control of anyone other than the additional driver;
4.2.3 Cause or permit the VEHICLE to be driven unlawfully, illegally, or to be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being damaged or lost, or to be overloaded;
4.2.4 Cause or permit the VEHICLE to carry any passenger or goods for reward or for racing or for it to be used for any other purpose than your transportation and those within your party;
4.2.5 Cause or permit the VEHICLE to be exposed to the risk of damage in or by any civil or public disturbance or unrest.
4.3 You shall take all precautions to protect the VEHICLE from theft and damage and shall lock and immobilize the VEHICLE and activate the burglar alarm when the VEHICLE is not in use. In case of a collision, theft or loss of, or involving the VEHICLE, you shall immediately:
4.3.1 Report the event to us and the police or nearest traffic department;
4.3.2 immediately complete and ensure that the driver completes all documents required by us and our insurers; and
4.3.3 Furnish all assistance required by us and our insurers to deal with any matters arising from the incident, whether directly or indirectly.
4.4 You agree that you are not allowed to permit any towing, repairs or servicing to be done to the VEHICLE unless authorized by us in writing beforehand.
4.5 If the VEHICLE is driven by anyone, other than you, or the additional driver, you shall remain liable to us for all your obligations in terms hereof and, in addition, you shall be liable to us for the full replacement value, or costs incurred as a result of theft or damage to the VEHICLE.
4.6 We have the right to terminate the rental at any stage. We can repossess the VEHICLE at any time if it is found illegally parked, being used to violate the law and/or in terms of this agreement, or if it appears to be abandoned. We may also repossess the VEHICLE at any time if we discover that you have made a misrepresentation to us in connection with the conclusion of this agreement.
4.7 Keys which are lost or locked in the VEHICLE must be reported to us as soon as possible, and same will be retrieved at your cost.
5.1 A traffic fine administration fee shall be levied to administer any traffic fine issued in respect of the VEHICLE while it is on rent to you. You will liable for all fines in respect of the vehicle while it is on rent to you and the customer undertakes to pay within 24 (twenty four) hours any fine or penalty being imposed.
6.1 OPTION A - DAMAGE AND LOSS COVER - DECLINED
6.1.1 You understand that if you do not accept this cover you will pay for all loss or damage to the VEHICLE regardless of fault and howsoever caused, including theft. If the VEHICLE is stolen, or found to be uneconomical to repair, you will pay the suggested market value as determined by the Auto Dealers Guide of the same make and model as the VEHICLE, in the month that the VEHICLE was stolen or found to be uneconomical to repair. In the event that a VEHICLE is damaged beyond repair, stolen or found to be uneconomical to repair in its first year of registration and there is not suggested market value for such Vehicle as determined by the Auto Dealers Guide, you will be liable for the retail selling price of a new vehicle of the same make and model, in the month the VEHICLE was stolen or found to be uneconomical to repair.
6.1.2 Where a VEHICLE was found to be uneconomical to repair you accept that we will reduce the amount due by you by the reasonable salvage value or the amount received by us for the remains of such VEHICLE, if this is lower.
6.1.3 Where a financial decision was taken by us not to repair a VEHICLE that was damaged as a result of a collision you will be liable for the damage that was caused to the VEHICLE regardless of the fault and howsoever caused.
6.2 OPTION B - DAMAGE AND LOSS COVER – ACCEPTED
6.2.1 If you accept the Standard Damage Cover and/or the Standard Theft Cover and you accept to pay limited liability (referred to as Standard Waiver) and provided that you have complied with all the terms and conditions of this rental agreement you will be liable for any damages to or loss of the VEHICLE or the amount as reflected on our contract whichever is lower, plus towing and storage charges and administration charge /claim handling fee.
6.2.2 If you accept the Super Damage Waiver and/or the Theft Wavier and you accept to pay the reduced limited liability (referred to as Super Waiver in our rates) and provided that you have complied with all the terms and conditions of this rental agreement you will be liable for any damages to or loss of the VEHICLE or the amount as reflected on our contract, whichever is lower, plus towing and storage charges and administration charges.
6.2.3 If you have not complied with the terms of this RENTAL AGREEMENT 6.1.1 shall be deemed to apply to you.
6.2.4 You shall be liable for the full value of any damage to the vehicle if you were driving negligently, or were driving on roads not suitable for the vehicle, or where no other vehicle, animal or person was involved.
6.2.5 Notwithstanding 6.2.4 should there be no other vehicle, animal or person involved, or where insufficient details thereof are provided, then at our sole discretion, you may be liable for double the applicable limited liability.
6.2.6 Notwithstanding anything to the contrary contained herein a claim administration fee will be charged in the event of a claim.
6.3 If the case of theft you shall be liable for the full value of the vehicle if the keys of the vehicle are not returned to us.
6.4 Notwithstanding anything in this agreement, we shall not be obliged to make, institute or proceed with any claim which we may otherwise have had against a third party for the recovery of any damages or financial loss in connection with the vehicle and we shall be entitled to abandon such claim or to settle such claim on any terms, at our discretion.
6.5 EXCLUSIONS TO INSURANCE OPTION B – DAMAGE AND LOSS WAVIERS ACCEPTED
6.5.1 UNDERCARRIAGE / GLASSWARE
Notwithstanding the above clauses where damage is caused to the undercarriage and any glassware of VEHICLE, you will be liable for all the damage costs regardless of the fault and howsoever caused.
6.5.2 TYRES AND RIMS
Any tyre/rim damaged howsoever is for your renters account.
6.5.3INTERIOR OF VEHICLE
You will be liable for all damaged caused to the interior of the vehicle regardless of the fault and howsoever caused.
In addition if a vehicle is not returned in the same condition as it was received, the Hirer could/will be liable for any costs occurred to return the vehicle to its original state.
7.1 You will be responsible for all third party claims, in respect of the damage or loss that you may cause to any other vehicle or property.
8.1 We shall not be liable for any damages or loss that you may sustain, be it direct or indirect, arising out of any defect in, or mechanical failure of, or the safety of, the VEHICLE, or from the driving or use thereof by you, or caused by any fault (negligence, gross or otherwise) of our employees, agents or servants, nor for any direct or indirect los or consequential damages, loss of profits or otherwise arising out of any of the aforegoing or for any breach by us of the agreement. No warranties are given by us as to the condition, state of repair, performance capabilities, and year of manufacture, odometer reading or anything else concerning the VEHICLE.
9.1 This is the entire agreement and no variation or cancellation will be valid unless in writing and signed by you and us.
9.2 We may claim and recover from you, on demand, all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney-and-own-client costs, collection commission and any costs of tracing you or the VEHICLE.
9.3 A provision of this agreement which is invalid or unenforceable for any reason shall be severable form the rest of this agreement and shall not affect the validity hereof.
9.4 This agreement shall be governed by the laws of the Republic of South Africa.
9.5 By your signature hereto, you accept all the charges charged by us in terms of this rental agreement, including any charges relating to loss and damage to the VEHICLE.
9.6 By your signature hereto, you hereby authorize us to conduct ITC checks on you, if necessary.
9.7 By your signature hereto, and in terms of section 45 of the Magistrates Court Act 32 of 1944, you consent to the jurisdiction of the Magistrates Court for any district having jurisdiction over you, despite that any such claim of ours may be in excess of such jurisdiction of the Magistrates Court.
9.8 You accept as your domicilium citandi et executandi the address stated on the Kenings rental agreement or application for credit facility as your address for the service of all process
1. DEFINITIONS
In this agreement, except where the context indicates otherwise:
1.1. “THE CUSTOMER” means jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement.
1.2. “DAMAGES” (in relation to the VEHICLE) includes, but is not limited to, our expenditure in towing, transporting & storing the VEHICLE, the difference between the pre and post collision value in the case where a VEHICLE is uneconomical to repair; repairing any damage caused to the VEHICLE from the time of delivery to you and until the return to us; replacing parts or accessories (excluding normal wear and tear) and paying an expert to inspect damage and report thereon.
1.3. “EXTENDED PERIOD” means any period after the RETURN DATE requested by you and agreed to by us.
1.4. “RENTAL PERIOD” means the period commencing on delivery of the VEHICLE (clause 4.2) and terminating on the RETURN date or at the end of the EXTENDED PERIOD, if applicable.
1.5. “RETURN DATE” means the date stated on the face hereof on which the VEHICLE must be returned by you to us.
1.6. “VEHICLE” means the vehicle referred to on the face hereof and the keys of the said vehicle or any substitution in terms hereof.
1.7. “PERSON” includes any juristic and natural person, the singular includes the plural and one gender includes the other where applicable.
2. AUTHORISED DRIVERS AGE
2.1. By your signature hereto, you confirm that you have an unendorsed and valid driver’s license and have had such for not less than two years and are above the age of 23. You agree that we have the right to verify that your license has been validly issued and that we may refuse to rent a VEHICLE to you if your license has been suspended, revoked or restricted in any way. An additional driver is authorized only if you pay an additional driver charge, and that person has a valid and unendorsed driver’s license for not less that 2 years, or is above the age of 23.
3. RENTAL
3.1. We let, and you hire, the VEHICLE for the RENTAL PERIOD at the agreed rate, plus additional charges. Where no additional charges are stated the rates on our Standard pricelist, or such other agreement as the parties may have entered into, shall apply. You will pay all taxes and charges for miscellaneous services which apply hereto and for the filling of the fuel tank.
3.2. All payments are due on demand, but at least on expiry of the RENTAL PERIOD. You shall not set-off or withhold payment of any amounts due by you in terms of this agreement for whatever cause.
4. YOUR OBLIGATIONS
4.1. The VEHICLE shall be at your sole risk for the RENTAL PERIOD.
4.2. You shall not:
4.2.1 Hire or lend the vehicle to anyone.
4.2.2 Permit the VEHICLE to be in the possession or control of anyone other than the additional driver;
4.2.3 Cause or permit the VEHICLE to be driven unlawfully, illegally, or to be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being damaged or lost, or to be overloaded;
4.2.4 Cause or permit the VEHICLE to carry any passenger or goods for reward or for racing or for it to be used for any other purpose than your transportation and those within your party;
4.2.5 Cause or permit the VEHICLE to be exposed to the risk of damage in or by any civil or public disturbance or unrest.
4.3 You shall take all precautions to protect the VEHICLE from theft and damage and shall lock and immobilize the VEHICLE and activate the burglar alarm when the VEHICLE is not in use. In case of a collision, theft or loss of, or involving the VEHICLE, you shall immediately:
4.3.1 Report the event to us and the police or nearest traffic department;
4.3.2 immediately complete and ensure that the driver completes all documents required by us and our insurers; and
4.3.3 Furnish all assistance required by us and our insurers to deal with any matters arising from the incident, whether directly or indirectly.
4.4 You agree that you are not allowed to permit any towing, repairs or servicing to be done to the VEHICLE unless authorized by us in writing beforehand.
4.5 If the VEHICLE is driven by anyone, other than you, or the additional driver, you shall remain liable to us for all your obligations in terms hereof and, in addition, you shall be liable to us for the full replacement value, or costs incurred as a result of theft or damage to the VEHICLE.
4.6 We have the right to terminate the rental at any stage. We can repossess the VEHICLE at any time if it is found illegally parked, being used to violate the law and/or in terms of this agreement, or if it appears to be abandoned. We may also repossess the VEHICLE at any time if we discover that you have made a misrepresentation to us in connection with the conclusion of this agreement.
4.7 Keys which are lost or locked in the VEHICLE must be reported to us as soon as possible, and same will be retrieved at your cost.
5. FINES AND PENALTIES
5.1 A traffic fine administration fee shall be levied to administer any traffic fine issued in respect of the VEHICLE while it is on rent to you. You will liable for all fines in respect of the vehicle while it is on rent to you and the customer undertakes to pay within 24 (twenty four) hours any fine or penalty being imposed.
6. INSURANCE
6.1 OPTION A - DAMAGE AND LOSS COVER - DECLINED
6.1.1 You understand that if you do not accept this cover you will pay for all loss or damage to the VEHICLE regardless of fault and howsoever caused, including theft. If the VEHICLE is stolen, or found to be uneconomical to repair, you will pay the suggested market value as determined by the Auto Dealers Guide of the same make and model as the VEHICLE, in the month that the VEHICLE was stolen or found to be uneconomical to repair. In the event that a VEHICLE is damaged beyond repair, stolen or found to be uneconomical to repair in its first year of registration and there is not suggested market value for such Vehicle as determined by the Auto Dealers Guide, you will be liable for the retail selling price of a new vehicle of the same make and model, in the month the VEHICLE was stolen or found to be uneconomical to repair.
6.1.2 Where a VEHICLE was found to be uneconomical to repair you accept that we will reduce the amount due by you by the reasonable salvage value or the amount received by us for the remains of such VEHICLE, if this is lower.
6.1.3 Where a financial decision was taken by us not to repair a VEHICLE that was damaged as a result of a collision you will be liable for the damage that was caused to the VEHICLE regardless of the fault and howsoever caused.
6.2 OPTION B - DAMAGE AND LOSS COVER – ACCEPTED
6.2.1 If you accept the Standard Damage Cover and/or the Standard Theft Cover and you accept to pay limited liability (referred to as Standard Waiver) and provided that you have complied with all the terms and conditions of this rental agreement you will be liable for any damages to or loss of the VEHICLE or the amount as reflected on our contract whichever is lower, plus towing and storage charges and administration charge /claim handling fee.
6.2.2 If you accept the Super Damage Waiver and/or the Theft Wavier and you accept to pay the reduced limited liability (referred to as Super Waiver in our rates) and provided that you have complied with all the terms and conditions of this rental agreement you will be liable for any damages to or loss of the VEHICLE or the amount as reflected on our contract, whichever is lower, plus towing and storage charges and administration charges.
6.2.3 If you have not complied with the terms of this RENTAL AGREEMENT 6.1.1 shall be deemed to apply to you.
6.2.4 You shall be liable for the full value of any damage to the vehicle if you were driving negligently, or were driving on roads not suitable for the vehicle, or where no other vehicle, animal or person was involved.
6.2.5 Notwithstanding 6.2.4 should there be no other vehicle, animal or person involved, or where insufficient details thereof are provided, then at our sole discretion, you may be liable for double the applicable limited liability.
6.2.6 Notwithstanding anything to the contrary contained herein a claim administration fee will be charged in the event of a claim.
6.3 If the case of theft you shall be liable for the full value of the vehicle if the keys of the vehicle are not returned to us.
6.4 Notwithstanding anything in this agreement, we shall not be obliged to make, institute or proceed with any claim which we may otherwise have had against a third party for the recovery of any damages or financial loss in connection with the vehicle and we shall be entitled to abandon such claim or to settle such claim on any terms, at our discretion.
6.5 EXCLUSIONS TO INSURANCE OPTION B – DAMAGE AND LOSS WAVIERS ACCEPTED
6.5.1 UNDERCARRIAGE / GLASSWARE
Notwithstanding the above clauses where damage is caused to the undercarriage and any glassware of VEHICLE, you will be liable for all the damage costs regardless of the fault and howsoever caused.
6.5.2 TYRES AND RIMS
Any tyre/rim damaged howsoever is for your renters account.
6.5.3INTERIOR OF VEHICLE
You will be liable for all damaged caused to the interior of the vehicle regardless of the fault and howsoever caused.
In addition if a vehicle is not returned in the same condition as it was received, the Hirer could/will be liable for any costs occurred to return the vehicle to its original state.
7. THIRD PARTY CLAIMS
7.1 You will be responsible for all third party claims, in respect of the damage or loss that you may cause to any other vehicle or property.
8 EXEMPTIONS
8.1 We shall not be liable for any damages or loss that you may sustain, be it direct or indirect, arising out of any defect in, or mechanical failure of, or the safety of, the VEHICLE, or from the driving or use thereof by you, or caused by any fault (negligence, gross or otherwise) of our employees, agents or servants, nor for any direct or indirect los or consequential damages, loss of profits or otherwise arising out of any of the aforegoing or for any breach by us of the agreement. No warranties are given by us as to the condition, state of repair, performance capabilities, and year of manufacture, odometer reading or anything else concerning the VEHICLE.
9. GENERAL
9.1 This is the entire agreement and no variation or cancellation will be valid unless in writing and signed by you and us.
9.2 We may claim and recover from you, on demand, all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney-and-own-client costs, collection commission and any costs of tracing you or the VEHICLE.
9.3 A provision of this agreement which is invalid or unenforceable for any reason shall be severable form the rest of this agreement and shall not affect the validity hereof.
9.4 This agreement shall be governed by the laws of the Republic of South Africa.
9.5 By your signature hereto, you accept all the charges charged by us in terms of this rental agreement, including any charges relating to loss and damage to the VEHICLE.
9.6 By your signature hereto, you hereby authorize us to conduct ITC checks on you, if necessary.
9.7 By your signature hereto, and in terms of section 45 of the Magistrates Court Act 32 of 1944, you consent to the jurisdiction of the Magistrates Court for any district having jurisdiction over you, despite that any such claim of ours may be in excess of such jurisdiction of the Magistrates Court.
9.8 You accept as your domicilium citandi et executandi the address stated on the Kenings rental agreement or application for credit facility as your address for the service of all process