1. DEFINITIONS AND INTERPRETATIONS

• In this agreement unless the context indicates otherwise
  • “Additional driver” means the person who, in addition to the driver, is reflected on the Rental Agreement as being permitted by Brackenfell Bakkie Hire (hereinafter referred to as BBH) to drive the vehicle;
  • “AFC Schedule” means the comprehensive schedule of BBH’s additional fees and charges. The AFC Schedule is available on the website;
  • “Claims administration fee” means on administration fee charged by BBH in all instances where a claim needs to be processed in respect of any damages whatsoever, loss of or theft of the vehicle;
  • “Client” means all the persons whose names appear on the RENTAL Agreement as client (including a corporate Client when applicable), Driver or Additional Driver;
  • Damage(s) (in relation to the vehicle and/or Third-Party damages) means the actual cost, including but not limited to towing, transporting and storing the Vehicle, repairing any damage, replacing parts or accessories (without allowing for depreciation), paying an expert to inspect collision damage and report thereon (assessor’s costs), or any other charges incurred related to on incident of whatsoever nature, and includes a Total Loss when applicable;
  • “Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the Rental Agreement;
  • “Delivery” means the instance when the Client or his representative takes possession of the key and/or Vehicle (including additional equipment if applicable) of the rental location, alternatively any other place stipulated in the Rental Agreement of the term and conditions;
  • “Document Administration Fee” means a charge which is used to cover various expenses (including but not limited to issuing and storage fees of Rental Agreements, invoices, and other original documents reflected in the rental Agreement);
  • “Driver” means such person who is reflected on the Rental Agreement as being permitted by BBH to drive the vehicle;
  • “Driver’s license” means a valid code 08(C1) license or international driver’s license by the applicable authorities;
  • “Brackenfell Bakkie Hire” (BBH) means the company K2014074203 (SA)(Pty) Ltd (Registration Number: 2014/074203/07).
  • “Extended Period” means any extension of the Rental Period beyond the agreed return date and time reflected on the Rental Period Agreement and authorised by BBH;
  • “Excess Kilometre Charge” means the charged levied against a Clients account if the client exceeds the limited daily kilometres, as specified in the Rental Agreement;
  • “Liability” means and includes the amount(s) reflected in the Rental Agreement which is due and payable in respect of the renting of the Vehicle, as well as all amounts in respect of Damage, loss and/or theft (not covered by Waivers) of the Vehicle and any third party or damage (not covered by Waivers)
  • “Limited Liability Amount” means the reducing amount payable by the Client in each event of loss and damage to a vehicle to which a Waiver(s) applies which reduced amount excludes towing charges, storage costs, assessor’s costs and claim administration fees for which the Client will remain liable;
  • “Rental Agreement “means the entire Rental Agreement issued by BBH to the Client, including these standard terms and conditions and all other annexures that may be attached thereto (if applicable). Once the Client signed the Rental Agreement (physically or electronically whichever may be applicable) it will have the effect of a legal binding agreement between the parties;
  • “Rental Overdue Administration Fee” means the applicable amount charged to the Client if the Vehicle is not returned by the Client to Brackenfell Bakkie Hire at the agreed date and time of the expiry of the Rental Period;
  • The “Rental Period” means the period between the date when the vehicle is delivered to the Client and the Termination date and time as specified on the Rental Agreement or if such period is extended, the time and the date entered on BBH’s records;
  • The “Renting Location” means BBH premises from which the Vehicle is rented by the Client of Brackenfell Bakkie Hire premises from which delivery of the Vehicle took place;
  • “Termination Date” means the date reflected in the Rental Agreement upon which the Vehicle must be returned to BBH, alternatively any extended date when the Vehicle needs to be returned to BBH as subsequently agreed upon by and between the parties and so reflected on BBH’s records;
  • “Third Party Damage” means any claims made by a third party in respect of Damages or loss that the Client has actually or is alleged to have caused to a vehicle of a third party whilst driving the Vehicle during the Rental Period;
  • “Total Loss” (in relation to a Vehicle) means Damages (see clause 11.5) where the estimated cost of repairs less any salvage (if applicable) is such that the Vehicle in, in the sole and absolute discretion of BBH, uneconomical to repair;
  • “Traffic Fine Administration Fee” means an amount levied by BBH as determined by it to administer traffic Fine(s) incurred by the Client whilst Renting the Vehicle as set out in the AFS schedule;
  • “Unendorsed” with reference to unendorsed driver’s license, means a driver’s license without any endorsements placed against it by the applicable licensing authority. For the purpose of this definition demerit point allocation on a driver’s license will only be seen as unendorsed if the license has less than the maximum allowed demerit points provided for in applicable legislation noted against it at the time of rental;
  • The “Vehicle” means the motor vehicle described in the Rental Agreement including all keys, tyres, tools, equipment, accessories (including e-tag if applicable). Additional Equipment and documents in and on the Vehicle when the Client take delivery of the Vehicle at the Renting Location, alternatively any other place stipulated in the Rental Agreement, and includes any replacement for the Vehicle which has been officially authorised by Brackenfell Bakkie Hire, whether or not such replacement was authorised or approved by the Client.
  • “Website” means Brackenfell Bakkie Hire’s official website which can be accessed at brackenfellbakkiehire.co.za.

• The singular shall include the plural and vice versa, pronouns of any gender shall include those of other gender and natural persons shall include legal and juristic persons and vice versa.
• If a person in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only stated in the definition clause, effect shall be given to it as if it was a substantive provision in the body of terms and conditions.

2. RENTAL OF THE VEHICLE

• The parties agree that BBH rents the Vehicle to the Client who hires the Vehicle subject to the terms and conditions as set out herein. The Client will be bound by these terms and conditions, whether he was driving the vehicle or not.

3. DELIVERY OF THE VEHICLE/ADDITIONAL EQUIPMENT

• Delivery of the Vehicle takes place at the time the Client or his representative takes possession of the keys and/or Vehicle (including Additional Equipment if applicable) at the rental location, alternatively any other place stipulated in the Rental Agreement. In the event the Client pays for the Vehicle by debit card, delivery of the Vehicle can only take place at the Rental Location.
• The Vehicle shall be redeemed to have been delivered in good order and repair (fair wear and tear excluded) and without any damage (including but not limited to the paintwork, upholstery, tyres, windshield, side glass, lights, and accessories) unless any damage to the Vehicle/ Additional Equipment is recorded in writing and signed by both parties. If no damage is recorded in writing of the time of delivery of the Vehicle (fear wear and tear excluded), it will be accepted that the Vehicle was delivered to the Client without any damages and any damage recorded at the time of the return of the Vehicle (fair wear and tear excluded) will be for the account of the Client.
• The Client will have no claim against Brackenfell Bakkie Hire if the Vehicle is not available for delivery     other than compensation provided in terms of consumer protection legislation.

4. USE OF VEHICLE

• The Vehicle may only be utilised for the Rental Period, as stated in the Rental Agreement, or any      extended period agreed upon between the parties.
• The Client agrees that any Extended Period noted BBH’s records would correctly reflect such Extended Period.
• The Vehicle may only drive by the Client, Driver, or Additional Driver. The Driver or Additional Driver must have his valid unendorsed Driver’s license (in respect of the specific vehicle/ code of vehicle always rented for at least 3 years) with him when driving the vehicle. A code 10(C1) licence holder will however only be allowed to rent a Vehicle for which a Code 08 (EB) licence is required if the Client has been a holder of a code 10(C1) licence for at least 5 years. Brackenfell Bakkie Hire may however waive the 5 years requirement in its sole discretion subject to the payment of an additional daily surcharge and/or Limited liability amount.
• During the Rental Period or any Extended Period thereof, the Vehicle may not be used for
  • For the conveyance of passengers and/or goods for payment in violation of any laws or in any other illegal manner; and/or
  • In any motor sport or similar high-risk activity; and/or
  • Beyond the boarders of the country in which the Vehicle is rented (unless prior written authorisation is provided by BBH); and/or
  • Not sub-rent the Vehicle to any Third Party without BBH’s prior written consent; and/or
  • In any area where the Client should reasonably be aware that there is or may be a risk or incidents of civil unrest, political disturbance or riot or any activity associated with any afore mentioned.
  • For any towing unless to the Vehicle’s manufacturing’s towing specification, and if done at the Client’s own risk; and/or
  • In the event the Client’s driver’s licence status change to endorsed in which case the Vehicle must be returned to BBH immediately.
• The client shall make adequate provision for the safety and security of the Vehicle when the Vehicle is not is use, in that the Vehicle shall (including but not limited to the following) be kept properly locked, secured, and immobilized and have the alarm (if any) activated.
• The Client will make sure the keys of the Vehicle are under his control at all times.
• BBH will at all times remain the owner of the Vehicle.
• The Client may nor use the Vehicle in contravention of any applicable laws, ordinances, traffic rules and regulations at any time during the Rental Period, any Waiver options the Client may have taken out shall become null and void.
• The Client shall take all reasonable steps to ensure that the Vehicle remains in good and save working order, including regularly checking the oil, water, and tyre pressure, immediately ceasing using the Vehicle in event that the Vehicle is damaged, or the electronic diagnostics of the Vehicle indicate the presence of a fault or problem, or service needed in relation to the Vehicle.

5. RETURN OF THE VEHICLE

• The Client shall return the Vehicle at the Client’s expense to an authorized representative of Brackenfell Bakkie Hire on the agreed return date, time and at the agreed Renting Location reflected on the Rental Agreement. If the Vehicle is not returned as set out in the paragraph, any Waiver option the Client may have taken out shall become null and void in respect of the entire Rental Period.
• The Client acknowledges that the failure to return the Vehicle in terms of the agreement shall constitute unlawful possession by him, and BBH may repossess the Vehicle wherever it may be found and from whom soever is in possession thereof.  Any cost incurred in recovering the Vehicle (including legal costs on the scale of attorney and client), as well as the cost of any additional rental days, will be for the account of the Client.
• Should the vehicle not be returned as indicated in 5.1 above, the Vehicle may be reported as stolen with the relevant authorities without any notice.
• The Vehicle and additional equipment (if applicable) shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear expected.
• When the Client return the Vehicle to BBH the Client shall:
  Park the Vehicle in the Brackenfell Courtyard; and
  Ensure that the Vehicle is properly locked and secure: and
  Hand the keys to the representative of BBH or, if the office is not open for business, leave the keys in a drop safe provided at the office of BBH.
• The Vehicle and all risk relating to the Vehicle will remain the responsibility of the Client until BBH has recorded the return of the Vehicle.
• Fuel for the Vehicle is not included in BBH rates

6. TERMINATION/CANCELATION/EXTENSION/ OF RENTAL AGREEMENT

• Irrespective of anything to the contrary stated in this Rental Agreement, should there be any breach of the terms and conditions in this rental agreement then BBH shall be entitled to end this agreement without an y explanation at any time by notice (verbally or in writing depending on the situation) to the Client, and when this happens the Client shall return the Vehicle to BBH immediately.
• If the Client fails to return the Vehicle to BBH, BBH shall be entitled at any time to retake possession of the Vehicle, wherever found and from whosoever has possession thereof and any Waiver option the Client may have taken out shall become null and void. The obligation of the Client and the rights of BBH under this Rental Agreement shall remain in force until the Vehicle has been returned to BBH in terms of this rental agreement and the Client has complied with all his obligations. Any cost incurred in recovering the Vehicle will be for the account of the Client.
• If the Client wish to extend the rental period beyond the return date reflected in the Rental Agreement, notice must be given to BBH and authorisation first be obtained from BBH in respect of the extension. BBH reserves the right to have the Vehicle inspected before authorising the extension of the Rental Period.
• Additional rental days will be charged directly to the Client’s account at the prevailing rate.

7. THE CLIENT/ DRIVER/ ADDITIONAL DRIVER

• Subject to clause 4.3 above and irrespective of what is stated elsewhere in this Rental Agreement, the Vehicle may not be driven during the Rental Period or any extension thereafter by any person who has not been I possession of a valid unendorsed driver’s license (in respect of the specific vehicle/code of vehicle rented) for at least 3 years.
• The Client warrants that the Vehicle will never be driven by any person whose blood alcohol concentration exceeds the limit permitted by any law or regulation or whilst under the influence of intoxicating liquor or a narcotic drug or similar substance. The Client further warrants that every driver of the Vehicle will have a valid unendorsed driver’s licence for at least 3 years to drive the specific Vehicle code/ type and will comply with all applicable laws and will comply with all the provisions of this Rental Agreement.
• If the Vehicle is driven by anyone other than the Driver and/or Additional Driver (irrespective of which other rights or remedies BBH may have), the Client shall remain liable for all its liabilities in terms of this Rental Agreement as if he has been driving the Vehicle. In the event the Vehicle was driven by anyone other than the driver and/or Additional Driver at any time during the Rental Period, the any Waiver option the Client may have been taken out shall become null and void.
• The Client also warrants that he is entitled and authorised to enter into this Rental Agreement and that all the particulars given to BBH and/or recorded on the Rental Agreement are true and correct.

8. RENTAL RATES AND CHARGES

• The Client agrees to pay BBH the rental rate plus all other charges and fees opted for or utilised by the Client, as set out in the Rental Agreement, up and until the Vehicle is returned, including but not limited to miscellaneous charges, Claims Administration Fee, Traffic Fine Administration Fee, Rental Overdue Administration Fee. A comprehensive list of BBH additional fees and charges is contained in the AFC Schedule.
• In determining the charges, the distance travelled by the Vehicle (where required shall be determined from the Vehicle’s odometer, or if this is not possible for any reason, by BBH in its discretion, on any other fair and reasonable basis and the Client shall be obliged to provide all such information and assistance as BBH may require for that purpose. If the odometer has been tampered with, the kilometres travelled will be deemed to be 1000 kilometres per day.
• The Client shall be liable for all fines (excluding fines issued for expired vehicle licences), penalties and similar expenses including bur not limited to parking, traffic, or other offences (whichever may be applicable), as a result of the use of the Vehicle during the Rental Period and the Client accordingly indemnifies BBH against all such liability. BBH will re-direct all fines, penalties and/or similar charges directly to the Client for payment and in case where it is not possible, will and all fines, penalties, and/or similar charges that accumulated on the Vehicle during the Rental Period onto the Clients account. The Client will further be liable for a Traffic Fine Administration Fee for each traffic fine issued during the Rental Period.
• The Client will be liable for all damages and/or losses suffered by BBH as a result of any traffic violation committed during the Rental Period.
• The Client Authorises BBH to insert any Vehicle and/or rental rate particulars that are not known or are unavailable at the time of signature of the Rental Agreement as soon as such Vehicle and/or rental rate particulars become available.

9. DEPOSITS

• A deposit as required by BBH and set out in the Rental Agreement (depending on the method of payment), is payable on signature of the Agreement.
• BBH may charge the Clients account, should there be extra charges which BBH were not aware of at the issuing of the invoice or if at the initial debit of the Client’s account there where inefficient funds to cover the full amount of the invoice. This amount may also be deducted from the deposit. The Client may not withhold payment of any amount outstanding or demand that it be deducted from the deposit paid.
• The deposit, or remaining balance thereof (after deducting all applicable additional charges), will be refunded to the Client (payment into the bank account provided) as soon as reasonable possible after the Client has complied in al of hie obligations in terms of the Rental Agreement. In the event of an erroneous refund(s)/payment(s) made by BBH to the Client, the Client herewith consents and authorises a further debit(s) on the cardholder’s account to refund the erroneous refund(s)/payment(s) to BBH without further approval being required from the Client or the card being presented again.

10. RENTAL REQUIREMENTS AND PAYMENTS

At the time of signing the Rental Agreement, the following must be provided by the Client:

• BBH approved method of payment or accepted bank issued credit card/debit card (it however remains within BBH sole discretion to accept or decline any method of payment by any time); and
• Full names residential, postal, and physical addresses, banking details, mobile telephone number and e-mail address. A local contact address and telephone number must be provided if the Client is not a citizen of the Republic of South Africa; and
• A valid, original unendorsed driver’s licence (held by the holder for at least3 years) and an original identity document or/an original passport if not in position of an identity document.
• Full payments are due on demand, but on the latest on expiry of Rental Period (unless otherwise agreed in writing). All charges payable by the Client shall be paid by credit/debit card on termination of the Rental Period, unless the Client has a valid account with BBH or BBH requires all or any charges to be prepaid in advance.
• The Client will not be allowed to deduct or withhold payment of any accounts due in terms of his agreement for any reason whatsoever.
• The Client remains liable for payment of any and all amounts due which are not paid or settled in full by the issuer of the card.
• If BBH has agreed to accept payment of any amount specified on the Rental Agreement from the Client by credit/debit card, the Client’s signature on the Rental Agreement will constitute authority for BBH to obtain authorisation and/or payment. The signature will also constitute authority for the issuer of the card to debit the cardholder’s account with the total amount due to BBH (including but not limited to damages or loss suffered by BBH to the value of the Vehicle value as reflected on the Rental Agreement). In the event that the first authorisation by the Client was not sufficient to settle the Liability, the Client hereby consents and authorises a further debit on the cardholder’s account without further approval being required from the Client or the card being presented again.
• In the event that the Client return the Vehicle to BBH before the date due on the Rental Agreement, the Client shall pay either the usual rates and charges applicable to the period and/or kilometres actually used, or the rates and charges as if the full Rental Period and/or kilometres occurred, at the sole but reasonable discretion of BBH.
• In the event of an accident and/or if the Vehicle is stolen and/or lost, the amount of the damages shall be the total loss suffered by BBH and/or the amount reflected on the Rental Agreement and will be payable by the Client on such terms as imposed by BBH at its sole discretion.
• In the event of an accident and/or if the Vehicle is stolen and/or lost, BBH will be entitled to charge a Claims Administration Fee and assessors fee (if applicable) on the Client’s account or charge it to the Client’s debit/credit card.
• Daily rates are calculated strictly per day, from time of delivery of the Vehicle to time of return of the Vehicle.
• Should a Vehicle, in BBH’s sole discretion, require valet cleaning, the valet charges will be billed directly to the Client’s account or credit/debit card.
• An additional fee will be charged for any Additional Driver.
• If any amount is not paid on due date, BBH may without prejudice to any rights it may have charge mora interest on the overdue amount at the applicable prescribed legal rate. The parties agree that this Rental Agreement does not constitute a credit agreement as defined by National Credit Act, Act 34 of 2005 (hereinafter referred to as “the Act”) and therefore fails outside the ambit of the Act.
• A certificate of any Director, Manager or Accountant of BBH, whose capacity need not be proved, as to any amount owed by the Client to BBH shall constitute prima facia proof of the amount due.

11. PROCEDURE IN THE EVENT OF AN INCIDENT (DAMAGE/THEFT/LOSS) INVOLVING THE VEHICLE

If at any time the Vehicle (Including Additional Equipment if applicable) is damaged, stolen, or lost, the Client and/or Driver shall take any reasonable precaution to safeguard the interest of BBH including but not limited to the following where appropriate:

• In the event of theft, hijacking or in the case of a lost Vehicle the incident needs to be reported by the Client to BBH immediately and to the nearest police station within 6 hours of the incident.
• In the event to any damage to the Vehicle, the Client shall notify BBH immediately and report the incident to the nearest Police Station within 24 hours.
• the client shall furnish BH with a completed OUTsurance Damage/Incident Report Form together with a copy of his driver’s license within 24 hours from the incident or theft/hijacking/loss of the Vehicle. The Damage Incident Report Form can be obtained from BBH or from the website.
• the Client shall furnish BBH with a Police Accident case/reference number within 24 hours of the incident, alternatively from receipt thereof from the police;
• the Client shall obtain the name(s) and addresses of everyone involved in the incident and of possible witnesses;
• the Client shall not admit any responsibility or liability nor release any party from any liability or potential liability nor release any party nor settle any claim or potential claim against or by any party nor accept any disclaimer or liability;
• the Client shall make reasonable provision for the safety and security of the Vehicle and will not abandon the Vehicle, unless extraordinary circumstances warrant it;
• the Client shall co-operate with BBH and its insurer in the investigation, the making of instituting of any claim or action and the defence of any prosecution, claim or action relating to the incident (including the making of an affidavit if he is requested to do so)
• In the event that the Client is not the Driver, then, without in any way reducing the Client’s obligation or BBH’s rights in terms of this Rental Agreement the Client shall insure that the person who drove the Vehicle at the time of the incident complies with the provision hereof.
• The Client shall within 24 hours of receipt thereof furnish to BBH (and if the Client is not the Driver, the Client shall also ensure that the Driver/ Additional Driver or person who drove the Vehicle at the time of the incident does) any notice of claim, demand, summons or the like which the Client or the Driver/ Additional Driver or person who drove the Vehicle at the time of the incident may receive in connection with the Vehicle.
• The Client and/or Driver and/ or Additional Driver warrants that the information completed in BBH’ Damage/Incident Report Form as referred herein above will be complete, true and correct in every respect;
• BBH, at its absolute and sole discretion, reserves the right to provide a replacement Vehicle in the event of damage or loss of the Vehicle. In the event of accident damage to a Vehicle, the Client is liable to settle the applicable Limited Liability (if Applicable), alternatively all other amounts due and payable to BBH (damage, liability etcetera) and pay the required additional deposit prior to an alternative Vehicle being provided.
• BBH will not take any responsibility whatsoever for the loss of or damage to a Client’s personalbelongings.
• The Client may not affect any repairs on the Vehicle.
• Where the Vehicle is not drivable, the Client must phone OUTsurance call Centre (08 600 80 000) immediately and an authorised towing company will be appointed to uplift the Vehicle. The Client irrevocably and unconditionally indemnifies BBH against any charges incurred by unauthorised towing companies and authorities. The Client will be held liable for any charges resulting from unauthorised towing of the Vehicle.
• 2 In the event that the Vehicle is involved in more than one incident that result in damage during the Rental Period, each incident will be regarded as a separate claim. Each claim will attract the payment of the Limited Liability Amount (or actual value of the claim if less than the Limited Liability Amount).

12. THIRD PARTY PROTECTION

Should the Client be involved in an accident with a third party, the following will apply:

Party responsible for accident	Super or Standard Waiver For accident Damage Not taken	Super or Standard Waiver For Accident Damage taken
Client (not third Party)	Client is liable for full cost of damage, including assessment, towing and claim handling fees. Third Party Damage is claimed from Client directly in his/her own capacity.	Client is liable for the Limited Liability applicable to the Waiver and also for the first R15 000 (VAT inducive) of the reasonable and proven Third Party Damage, whereafter BBH will settle the difference
Third Party (not Client)	Client is liable for full cost of damage, including assessment, towing and claim handling fees. Client can claim back damage suffered from Third Party in his/her own capacity.	Client is still liable for the Limited Liability applicable to the Waiver. BBH will attempt to recover the money from the Third Party and once a successful recovery has been made, will the reimburse the Client for the Limited Liability amount (proportionally to the recovery), less an administration fee.

• The damage referred to the table above is limited to the Third Party’s direct damage and excludes any consequential or losses.
• The Client herewith specifically authorises BBH to provide Client/Additional Driver details to a Third Party or Third Party Insurance Company during the negotiation, settlement or litigious part of any Third Party claim process, emanating from a vehicle involving the Vehicle during the Rental Period.
• Notwithstanding anything in this Rental Agreement, BBH shall not be obliged to make, institute or proceed with any claim which BBH may otherwise have had against a Third Party for the recovery of any loss or damage to or in connection with the Vehicle and accordingly, BBH shall be entitled, in its sole discretion, to abandon such claim or to settle such claim on any terms.

13. CONSEQUENTIAL DAMAGES

• Should the Client be in breach of the terms and conditions of this Rental Agreement and the Client acknowledge and agrees that the Client may be held liable by BBH for its consequential damages suffered as a result of BBH being unable to rent the Vehicle due to Damages caused by the Client.  The loss for which the Client may be liable shall be calculated on the basis of the daily rental rates in respect of the Vehicle indicated on the Rental Agreement for the period that the Vehicle was unavailable for hire (subject to a maximum for 30 days).

14. INDEMNITY OF BBH BY CLIENT

• Neither BBH nor any of its shareholders, directors, officers or employees shall be liable for any loss or damage whether direct, indirect, as a result of or otherwise arising from the renting of the Vehicle and/or Additional Equipment by the Client, provided such loss or damage was not caused as a result of the gross negligence of BBH, its shareholders, directors, officers or employees. The loss or damage includes, but is not limited to, any loss or damage to property left or transported in the Vehicle and any loss of life or injury.
• BBH, its shareholders, directors, officers and employees are accordingly indemnified by the Client the Driver/Additional Driver or his estate(s) against any claim(s) of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from, or connected with, or as a result of renting of the Vehicle and Additional Equipment (if applicable) contemplated in these terms and conditions.

15. JOINT AND SEVERAL LIABILITY OF SIGNATORIES, CLIENT AND/OR DRIVER

• The Client and every person (Driver/Additional Driver) whose details appear on the Rental Agreement shall be liable jointly and severally for payment of all amounts due to BBH in terms of or pursuant Rental Agreement.

16. GENERAL

• The Rental Agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded by BBH except as provided herein.
• In the event that the Rental Agreement is produced in more than one language, the English version will prevail in an interpretational dispute.
• A provision of this Agreement which is invalid or unenforceable for any reason shall be reversable from the rest of the Agreement and shall not affect the validity thereof. If any part or portion of this Rental Agreement has been deemed to have been unenforceable in terms of the Competition Act, the National Credit Act or other applicable legislation, the effect of which is to adversely  affects the rights of BBH to receive payment of any nature or enforced its rights, the parties will favour on interpretation placing them substantially in the same position as they were before or as similar to that as possible.
• No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a relinquishment or otherwise affect any party’s right in terms of this Rental Agreement.It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof at any time and without notice.
• This Rental Agreement and all matters or disputes arising therefrom or incidental thereto shall be governed and construed in accordance with the Laws of the Republic of South Africa. The Client Specifically consents to the jurisdiction of a competent South African Court (see clause 16.6) to judicate any legal proceeding(s) emanating from the Rental Agreement.
• The parties’ consent to the jurisdiction of the Magistrates Court, should BBH, at its election, bring legal proceedings in the Magistrate Court, irrespective of whether the amount involved exceeds the jurisdiction of the Magistrates Court. The parties further agree that BBH may institute any such action or proceedings in any division of the High Court that may have jurisdiction in its sole discretion.
• The Client shall not be entitled to cede any of hid rights or assign of his obligations under this Rental Agreement or to rent or to give up possession of the Vehicle, its tools or Additional Equipment or any part of it.
• If BBH institutes any legal proceedings against the Client, it shall be entitled to recover from the Client all the legal costs it incurred with its own attorney in accordance with their usual charges on the scale of attorney and client, including but not limited to collection commission, tracing agent, correspondent fees and counsel fees (as per bar parameters).
• The Client chooses the address (including a nominated postal address and/or e-mail) specified on the Rental Agreement as his domicillium citandi et exectandi (i.e. address for service of all legal processes and notices). All legal notices and legal processes in terms hereof shall be deemed to be received 7 days after posting, and on the same day if delivered by hand or dispatched by e-mail.
• BBH chooses as its domicillium citandi et exectandi, Brackenfell Courtyard, Brackenfell Shopping Centre, William Dabbs Road, Brackenfell South Africa.
• BBH shall be entitled to carry out a credit check with one or more credit agencies who may retain a record thereof and BBH shall be entitled to record any default by the Client with any credit agency. Such records may be made available by the credit agency to third parties, in which case BBH shall not be held liable/ responsible for any repercussions such disclosure may have on the Client. The Client agrees that BBH may disclose any information obtained by it as result of the conclusion and/or breach of the Rental Agreement, including personal and additional information, to any person, including a credit bureau.
• The Client acknowledge the Vehicle may be fitted with a vehicle management system, which is used inter alia, to record speed and other information relating to the Vehicle rented. The Client agrees that BBH shall be entitled to use such information (including but not limited to claims adjudication and legal proceedings) as it deems fit.
  1. Record the Clients details on the BBH system facilitate and manage bookings andThe right to privacy and data processing
     The Client acknowledge that he/she will be required to provide certain documentation and personal information to BBH, in order to facilitate the rental transaction. The documentation and personal information referred to above will be required to: reservations (including the validation of driver’s licenced and driver identity/status withrelevant authorities);
  2. Facilitate the conclusion of a Rental Agreement;
  3. Use in surveys to improve BBH services;
  4. Provide online assistance;
  5. Communicating with the Client and to provide BBH marketing activities (the Client’s specific consent will be obtained in this regard and will provide with the option to unsubscribe in marketing communication);Facilitate invoicing and payment of the Clients Liability in terms of the Rental Agreement;
  6. The rental vehicle may be fitted with a vehicle management system, which is used inter alia, to record speed and other information relating to the rental vehicle and the use thereof and such information received from the vehicle management system may be used by BBH to protect its asset and to monitor driver behaviour (including but not limited to claims adjudication and legal proceedings) throughout the rental period, including but not limited to tracing and recovering (which includes triangulation of cellular phones, in accordance with RICA Act, Act 70 or 2002) of the Vehicle from the Client from the Client that is not return to BBH at the agreed time and date reflected on the Rental Agreement (the Client confirms that the information provided by the vehicle management system will be accepted as true and correct);
  7. Administer traffic fines received for traffic violations that occurred during the Rental Period (“Authorised Usage”). Notwithstanding anything to the contrary, the Client
  8. Payment of fines: To comply with our legal obligations, we have provided your details toExplicitly authorises BBH to process any and all personal information provided to BBH to the aforementioned Authorised Usage. the issuing authority as the primary driver during the time of offence. In due course, you may be sent a new notice by the relevant Roads and Traffic Authority, which will request a direct payment.
• BBH will only process and/or retain the Clients information for the time necessary to fulfil the purpose mentioned in 16.13.1 and 12.3 above.
• In addition to what has been stated above, the Client further consents to BBH processing any Personal information provided where BBH has lawful justification to do so and, where it is Required by law. In specific consent is however required by applicable legislation, the Client’s consent will first be obtained.
• BBH may disclose or transfer the Client’s personal information to its suppliers and business partners for the purpose of providing its services, ensuring secure processing of Client personal information, responding to, resolving, and contracting a Client with regard to his/her enquiries, responding to Client requests for information related to BBH products and service, ensuring save use of the systems and improving user experience.
• By the Client’s signature hereto he accepts all the changes charges by BBH in terms of this Agreement, including any charges relating to loss and damage to the Vehicle.
• BBH reserves the right, at its sole and absolute discretion and without obligation to provide reasons, to reject any Client’s application to rent a Vehicle or accept any method of payment and the Client shall have no recourse against BBH as a result thereof.
• BBH confirms that it is compliant with all applicable legislation and will report all incidents legally required if and when applicable to the relevant authorities

17. ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

• By signing the Rental Agreement, the Client acknowledge that he has read the term and conditions set out herein above, understands the legal implications thereof and considers himself legally bound thereto.
• In the event that the Client does not understand any term or condition set out herein above, he is requested to ask for an explanation thereof from a BBH authorised representative before signing the Rental Agreement.
• The Client acknowledge that these terms and conditions are fair and reasonable and without which BBH would not have entered into the Rental Agreement.