1.1. Additional driver” an additional driver who is identified on the Rental Agreement and is authorized by the Company to drive the vehicle;
1.2. “Auto Dealers Guide” The Company uses the Mead & McGrouther’s publication to ascertain recommended selling prices of motor vehicles;
1.3. “Claims Administration Fee” the Company will charge an administration fee if a claim is processed for any damage, loss of or theft of the vehicle;
1.4. “Company” refers to Gold Hill Investments Pty (Ltd) t/a Motion Car Rental & Shuttle Services, registration number 2016/126925/07, duly incorporated in terms of the laws of the Republic of South Africa and includes its licencees, sub-licencees and agents;
1.5. “Damage/s” applicable to the vehicle and/or Third Party Damage, including the costs in towing, transporting and storing of vehicles, repairs to all parts of the vehicle, the replacement of any parts or accessories. It may be required that an expert be consulted for an opinion, all costs incurred for the opinion to assess the collision damage and report on these findings and for any expenses incurred by the expert will be part of the damages claim. Total loss is also considered as damages;
1.6. “Day” refers to a 24 hour period or part thereof which is calculated as the time out on the Rental Agreement;
1.7. “Driver” is the person who is identified on the Rental Agreement as being the party authorized by the Company to drive the vehicle;
1.8. “Collection Fee” is a fee that is charged when a client does not return a vehicle to the rental station but requests the Company to collect the vehicle from a specific address. Collection fee rates are disclosed on the face of the Rental Agreement.
1.9. “Delivery Fee” is a fee that is charged when a client does not collect the vehicle at the rental location but requests the Company to deliver the vehicle to a specified address. Delivery fee rates are disclosed on the face of the Rental Agreement.
1.10. “Vehicle Recovery Fee” is a fee that is charged when Rental vehicle needs to be recovered by the Company’s vehicle tracking system for any reason whatsoever. Vehicle Recovery Fee rates are disclosed on the face of the Rental Agreement.
1.11. “Road Side Assistance Call Out Fee” is a fee that is charged when the rental vehicle breaks down and the Renter requires assistance. This assistance could be for the battery that has run down, the vehicle requiring a tyre change, or the vehicle requiring fuel. Road Side Assistance Call Out Fee rates are disclosed on the face of the Rental Agreement. The Renter will be liable for the fee if the break down was due to his his/her own negligence, such as, but not limited to, not filling up the fuel tank in time to avoid the vehicle running out of fuel, or leaving the vehicle’s lights on and causing the vehicle’s battery to run down.
1.12. “Tow In Service Fee” is a fee that is charged when a vehicle breaks down due to the Renter’s negligence and it is necessary for the vehicle to be towed in. This assistance could be, but is not limited to, an accident occurring and the vehicle no longer being in a drivable condition. Tow In Service Fee rates are disclosed on the face of the Rental Agreement.
1.13. “Extended Period” is the period agreed upon which extends beyond the agreed return date and time reflected on the Rental Agreement and which is authorised by the Company;
1.14. “Fuel Costs” are the costs incurred to refuel the vehicle to the same fuel level when the vehicle was collected by the Renter. This will also include the fuel used between the renting location and the preparation point of the Company;
1.15. “Liability” as it refers to in the Rental Agreement and which relates to the amounts due and payable (non-waiverable amount) should there be damage, loss and/or theft per incident;
1.16. “Overdue Administration Fee” is the amount charged to the Renter when the vehicle is not returned to the Company at the agreed date and time at the expiry of the rental period;
1.17. Rental Agreement” is the entire Rental Agreement issued by the Company to the Renter, which includes the Damage Report Form, and these standard Terms and Conditions;
1.18. “Rental Period” is the period between the collection date and time and the termination date and time as specified on the Rental Agreement and, if applicable, any authorized subsequent changes;
1.19. “The Renter” refers to all persons whose names appear on the Rental Agreement as Renter, Driver or Extra/Additional Driver and who have presented a valid driver’s license to the Company’s rental agent and if and where required, their identity or passport documents;
1.20. “The Renting Office” is the location of the Company’s premises from which the vehicle is rented by the Renter or any location agreed upon by the Company;
1.21. “Third Party Damage” is any claims made by a third party in respect of damages or loss that the Renter has or is alleged to have caused to the property or vehicle of a third party;
1.22. “The Vehicle” is the vehicle described in the Rental Agreement and signed for by the Renter, including items identified as Rental Extras, keys, tools, equipment, accessories and documents in and on the vehicle.
1.23. “The Total Loss” (vehicle), include: a) damages where the estimated costs of repairs is such that the Company, at its sole discretion, finds that it is uneconomical to repair, and b) when the vehicle is stolen or lost, the retail value will be taken in accordance with the Auto Dealers Guide, or where the price of a new vehicle, as supplied by the manufacturer, at the time and date of the loss, less any salvage;
1.24. “Traffic Fines Administration Fee” is a cost charged by the Company to administer any traffic fine(s) incurred by the Renter whilst renting the vehicle as noted in the Rental Agreement;
1.25. “Vehicle Rental Extras” refers to additional products or services in addition to the rental of the vehicle such as baby seats.
1.26. “Waiver” is the reduction of liability of the Renter in the event of an accidental/theft and/or loss of the vehicle, excluding any Vehicle Rental Extra’s;
1.27. “Window and Tyre Damage Waiver (WTDW)” this product covers potential damage to the windscreen, windows, hubcaps, alloy mag wheels and spare wheel. The daily charge for this waiver is indicated on the Rental Agreement;
1.28. “Vice versa references” the singular shall include the plural and vice versa, pronouns of any gender shall include those of the other gender and natural persons shall include legal and juristic persons and vice versa.

After the presentation of all the requisite information and meeting all the requirements as set out by the Company during the booking process, the Company rents the vehicle to the Renter, who hires the vehicle subject to the terms and conditions as set out herein and the Rental Agreement. The Renter will be bound by these conditions, throughout the Rental Period.

3.1 Delivery of the vehicle takes place when the Renter takes possession of the keys and/or vehicle at the renting office.
3.2 On delivery, the vehicle will be considered to be in good order and repair and without any damage to, amongst other things, the paintwork, upholstery and accessories, unless these are recorded in writing and signed by both parties on the Damage Report Form. Any damage not recorded at the time of delivery will be deemed to have been incurred by the Renter and will be for the cost of the Renter.
3.3 All Vehicle Rental Extras (e.g. Baby seats) shall be accepted as being in good working order unless otherwise advised by the Renter at either the rental office or within 24 hours of receipt.

4.1 The vehicle may only be used for the rental period which may include any extended periods agreed to by both parties.
4.2 The Renter agrees that any extension noted by the Company’s records would correctly reflect the extended period.
4.3 The vehicle may only be driven by the Renter, Driver or Extra/additional Driver.
4.4 During the rental period, the vehicle may not be used (1) for the transport of passengers and/or goods for a fee; (2) to propel or tow another vehicle or type of vehicle unless authorized by the Company); (3) to transport goods in any illegal manner; (4) in any motor sport or similar high risk activity; (5) beyond the borders of South Africa unless authorised by the Company in writing; or (6) in any area where there is or may be a risk or incidents of civil unrest, political disturbance or riot or any activity associated with any mentioned.
4.5 The Renter, Driver and/or Extra Driver shall ensure the safety of the vehicle by, but not limited to, (1) the vehicle being kept locked; (2) secured and immobilized; (3) have the burglar alarm (if any) armed and (4) any anti-theft device in the vehicle properly secured and in place when the vehicle is not in use.
4.6 The Renter must ensure that the keys of the vehicle are in his possession throughout the Rental period.
4.7 The Renter agrees to use the Vehicle Rental Extras, (e.g. Baby Seats) carefully, lawfully and for its intended uses only and, where applicable, subject to the terms and conditions of use.
4.8 The functionality, and operation of certain Vehicle Rental Extras are entirely dependent on third party service providers, their licencees and providers and the Company takes no responsibility for any downtime and the operation thereof.
4.9 The Company will at all times remain the owner of the vehicle.

5.1 The Renter must return the vehicle at the Renters expense to the authorised representative of the Company on the agreed return date, time and at the agreed renting office reflected on the Rental Agreement;
5.2 The Renter acknowledges that failing to return the vehicle in terms of the agreement will constitute the unlawful possession of the vehicle by him, and the Company may repossess/recover the vehicle from wherever it may be found and from whomsoever is in possession of the vehicle. Any recovery costs as well as any additional rental days, will be due and payable by the Renter;
5.3 If the vehicle is not returned as defined in 5.1 above, the waivers will become null and void for the entire period of the contract;
5.4 If the vehicle is not returned as agreed, the Company can report the vehicle as stolen;
5.5 The vehicle must be returned undamaged, and in the same good working order and roadworthy condition, with fair wear and tear excepted, as when the Renter took delivery of the vehicle;
5.6 The Renter will return the vehicle and (1) park the vehicle in the Company’s reserved parking, and (2) ensure the vehicle is securely locked, and (3) hand the keys to an authorised representative of the Company.
5.7 All risks relating to the rental will remain the responsibility of the Renter until the Company has recorded the return of the vehicle.

6.1 The Company has the right to end this agreement without any explanation at any time by notice to the Renter, and when this happens the Renter must return the vehicle to the Company immediately.
6.2 If the Renter does not return the vehicle, the Company can at any time take possession of the vehicle from whoever is in possession of the vehicle. All obligations in terms of the Rental Agreement will remain in force until the Company takes possession of the vehicle. Any costs incurred in the recovery of the vehicle will be for the account of the Renter.

7.1 No person under the age of 18 and/or who has not been in possession of a valid driver’s licence for 1 year, may rent or drive the rented vehicle for the duration of the rental period.
7.2 The Renter agrees to and warrants that (1) the vehicle will not be driven by any person whose blood alcohol levels exceeds the limit permitted by any law or regulation, (2) or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance, (3) every driver of the vehicle will have a valid endorsed driver’s license, (4) will comply with all laws and (5) will comply with all the terms of the Rental Agreement.
7.3 The Renter shall remain liable for all of his obligations in terms of this Rental Agreement as if he has been driving the vehicle should it occur that anyone else other than the Driver or additional driver, drives the car; and
7.4 The Renter warrants that (1) he is entitled and authorised to enter into the Rental Agreement, (2) that all particulars given to the Company and/or recorded on the Rental Agreement are true and correct.

8.1 The Renter agrees to pay the Company the rental rates and all other charges and fees opted for or utilized by the Renter up and until the vehicle is returned, including but not limited to location surcharges, tourism levy, Claims Administration Fee, Roadside Assistance Fee, Contract Fee, Traffic Fine Administration Fee, Rental Overdue Administration Fee, over the border charges, Delivery Fee, Collection Fee, Collision Damage Waiver Fee, Theft Loss Waiver Fee, Windscreen and Tyre Damage Waiver, Fuel, Toll fees, Additional Driver(s) fee and/or all taxes due and payable on rental rates, other charges and fees. Valet Fees are levied on vehicles returned that require a valet cleaning.
8.2 Where required, the rental charges are determined by the distance traveled by the vehicle using the odometer and the vehicle tracking system used by the Company, or if not possible for any reason, by the Company in its sole discretion, on any fair and reasonable basis and the Renter will be required to provide all necessary information and assistance as the Company may need for this purpose. If the odometer has been tampered with the kilometers will be deemed to be 500 kilometers per day.
8.3 The Renter will be liable for all fines, penalties and similar expenses including but not limited to parking, traffic and other offences, as a result of the use of the vehicle thereby indemnifying the Company against all such liability. Vehicle Rental Extras booked or elected will be subject to maximum liability of R2 500.00 in the event of loss or damage thereof.

9.1 All payments are due on demand, but at the latest on expiry of the rental period (unless otherwise agreed in writing). All charges payable by the Renters shall be paid by credit card on the termination of the rental period.
9.2 The Renter will not be allowed to deduct or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
9.3 The Renter remains liable for payment of any and all amounts due which are not paid or settled in full by the issuer of the credit card.
9.4 If the Company has agreed to accept payment from the Renter by Credit Card / (Hybrid) Cheque Card specified on the Rental Agreement, the Renter’s signature on the Rental Agreement will constitute authority for the Company to obtain authorisation and/or payment after the vehicle has been returned, even if the Renter or the Credit card (used to pay for the rental) is not present. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to the Company, and if applicable all damages and losses suffered by the Company.
9.5 In the event that the Renter returns the vehicle to the Company before the date due on the Rental Agreement, the Renter shall pay either the usual rates and charges applicable to the period and/or kilometers actually used, or the rates and charges as if the full rental period and/or kilometers occurred, at the sole but reasonable discretion of the Company.
9.6 In the event of an accident and/or if the vehicle is stolen and/or lost, the amount of the damages, the total loss as suffered by the Company or the amount reflected on the Rental Agreement is payable on such terms as imposed by the Company at its sole but reasonable discretion.
9.7 If any amount is not paid on due date, the Company may, without prejudice to any rights it may have and subject to the provisions of the National Credit Act, charge interest on the overdue amount at the applicable prescribed legal rate or prime plus 3% as charges by ABSA Bank Limited, whichever is the higher, and in the sole discretion of the Company.
9.8 The invoice provided by any Director, Manager or the accountant of the Company will be a prima facie proof of the amount due.

10.1 The vehicle becomes the sole risk of the Renter at the time the keys of the vehicle are handed to the Renter.
10.2 The Renter is liable for any Damages and/or total loss sustained to the vehicle irrespective of how the damage and/or loss is caused and whether or not it is considered or proved to be his/her fault or negligence (including hail damage but limited to this). The Renter can opt to reduce this liability by choosing to buy one or more of the company’s non-compulsory Collision Damage or Theft Loss Waiver products which are subject to the terms below. The acceptance or decline of the options referred to, are contracted for and indicated on the Rental Agreement.
10.3 Collision Damage Waiver (CDW) ensures you are covered if your vehicle is damaged and repairs are required. A liability amount applies but this can be reduced significantly if you select the Super waiver.
10.4 Theft Loss Waiver (TLW) ensures you are covered if the rented vehicle is stolen. A liability amount applies but this can be reduced significantly if you select the Super Waiver.
10.5 If any of the Company’s waivers are selected, the Renter’s liability will, in respect of the Company’s loss or damage, be limited to the amount indicated on the face of the Rental Agreement in respect of each and every incident, provided that there was no breach of the terms and conditions of the Rental Agreement.
10.6 If the Renter declines any of the Company’s Waivers and/or is in breach of the terms and conditions of this Rental Agreement the Renter will be liable for the cost of the Company’s loss or damage.
10.7 The Company may charge the Renter either the actual amount of the loss or damage suffered, or any reasonable amount, in its sole discretion, if the loss or damage has occurred in a situation where no physical contact is made with another vehicle or animal or object or person (in or on the road surface used) irrespective if waivers were opted for.
10.8 If the Renter breaches any of the terms and conditions of the Rental Agreement and the vehicle is damaged, stolen or lost, the Renter will become liable for the total loss and/or damage incurred by the Company irrespective of any Waivers opted for.
10.9 Standard and / or Super Collision Damage and Theft Loss Waivers do not cover;
10.9.1 any damage to tyres, rims, hub caps and glass (unless the Window and Tyre Damage Waiver was accepted, in which case the liability is reduced to zero);
10.9.2 damage to undercarriage of the vehicle;
10.9.3 damage caused by water;
10.9.4 damage and/or total loss due to Renter and/or Driver negligence;
10.9.5 damage and/or total loss sustained whilst the Renter and/or Driver is in breach of any applicable laws or ordinances (including speeding);
10.9.6 damage and/or total loss sustained where incidents are not reported as contemplated in clause 13;
10.9.7 damage and/or total loss sustained where the incident takes place outside the country in which the vehicle was rented unless prior written authority for the vehicle to be taken outside such country has been obtained;
10.9.8 damage and/or total loss sustained if at any time the vehicle is driven by an unauthorised driver;
10.9.9 damage and/or total loss sustained where the vehicle has been driven or used in a manner which prejudices the Company’s interests or rights therein and/or as prohibited in clause 4, in the sole discretion of the Company;
10.9.10 damage and/or total loss sustained where the Driver was not holding a valid unendorsed driver’s license at the time the damage or loss was sustained;
10.9.11 damage and/or total loss sustained where an extension of the Rental Agreement is not authorised by the Company and where the rental period has expired;
10.9.12 damage and/or total loss caused as a result of the vehicle being driven on a road that was not suitable for that vehicle as determined in the sole but reasonable discretion of the Company;
10.9.13 the vehicle (at the time of damage or total loss) was being driven by any person whose blood alcohol concentration exceeded the limit permitted by any law or regulation or whilst under the influence of intoxicating liquor, narcotic drugs or similar substances.
10.10 The Renter is liable for all fines and/or penalties incurred during the rental period and hereby authorise the Company to disclose any information required by a relevant authority to process it.
10.11 Notwithstanding anything in this agreement, the Company shall not be obliged to make, institute or proceed with any claim which the Company 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, the Company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.

Details of the Third Party Liability Cover, referred to in the insurance arrangements, is available at the rental office.

12.1 If at any time the vehicle is damaged, stolen, or lost, the Renter and/or Driver must take every reasonable precaution to safeguard the interest of the Company including but not limited the following: (1) notify the company immediately or within 5 hours of becoming aware of the incident and by no later than when the vehicle is returned, to complete and furnish the Company with the Company’s Damage Report form, together with a copy of the Renters/Driver’s license; (2) obtain names, contact numbers and addresses of everyone involved and possible witnesses; (3) he will not accept responsibility or liability nor release any party from any liability nor settle any claim or potential claim nor accept any disclaimer of liability; (4) shall notify the police within 24 hours of the occurrence and furnish the Company with the incident case number; (5) make arrangements to reasonably secure the safety and security of the vehicle and will not abandon the vehicle under any circumstances; (6) he shall co-operate with the Company and its insurer in the investigation of the incident.
12.2 If the Renter is not the Driver, then without in any way reducing the Renter’s obligation in terms of clause 13.1, the Renter shall ensure that the Driver complies with the provisions of 13.1 and the Renter warrants that the Driver will do so.
12.3 The Renter/Driver warrants that all the information completed on the Company Damage/Incident Report will be complete, true and correct.

13.1 The Company will carry no liability for any losses or damage whether this was directly, indirectly, because of or otherwise arising from the rental of the vehicle by the Renter where such loss or damage was not caused by the negligence of the Company. This applies to the Company or any of its representatives.
13.2 The liability mentioned in 13.1 applies to any loss or damage to property left in or transported in the rented vehicle. This also applies to any loss of life or damage arising from the installation of the child seat or other accessories in or on the vehicle.
13.3 On signature of the Rental Agreement the Renter or any representative of the Renter indemnifies the Company and its representatives against any claims arising from the renting of the vehicle.

The Renter and every person whose signs the Rental Agreement shall be jointly and severally liable for payment of all amounts due to the Company in terms of the Rental Agreement.

15.1 The Rental Agreement shall be governed by the laws of the Republic of South Africa. Furthermore, should the Company institute legal proceedings this will be done in a jurisdiction of the Company’s choosing.
15.2 At no time will the Renter be able to delegate, cede or assign any of his rights or responsibilities under the Rental Agreement or to sub-rent the vehicle or any part of it or its contents.
15.3 The Rental Agreement signed by the Renter constitutes the entire agreement between the Company and the Renter as it relates to all items identified in these Terms and Conditions.
15.4 Each provision of the Rental Agreement is severable and if one provision is found invalid the remainder will be unaffected. If any part of this Agreement is declared a contravention of any legislation, the effect will adversely affect the rights of the Company to receive payment of any nature or enforce its rights, therefore all parties will agree that each party will be placed in the same position as they were prior to the Rental Agreement.
In the event that the Company elects to offer leniency to the Renter in any circumstance, this will not affect the enforcement of the Rental Agreement and compliance required of the Renter.
15.5 Should it occur that certain information be unavailable at the signing of the Rental Agreement, the Renter agrees that the Company may insert this information and inform the Renter of these changes.
15.6 The Renter confirms that the information recorded on the Rental Agreement can be used, if necessary, to institute legal proceedings against the Renter.
15.7 In the event that legal proceedings are taken against the Renter, all legal costs incurred will be recovered from the Renter. This includes the costs of an attorney and all associated costs incurred as a result of legal action taken.
15.8 In the case where a Renter defaults the Company, default with credit agencies engaged by the Company. The consequences of such action shall will not make the Company liable.
15.9 The Company uses a vehicle management system on the vehicles which records information relating to the use and location of the vehicle. Acceptance of the Rental Agreement records acknowledgement that the information is used by the Company for all and any related purposes.
15.10 In the event that the Company needs to trace and recover the vehicle that has not been returned to the Company at the prescribed date and time, and the Company deems it necessary, the Renter explicitly agrees that the Company can use any and all personal information provided to the Company to affect these strategies.