Terms and Conditions

Definitions

In this agreement the following words or expressions shall have the following meanings:

1. "The Company"=Woodford Car & Bakkie hire cc trading as Woodford Car and Bakkie Hire.
2. "The Hirer" =The party described as such on the rental agreement
3. "The Authorised Driver" Means:
   1. The renter and/or the authorised driver described overleaf;
   2. Where the vehicle is hired for business purposes means a bona fide employee of the hirer, over the age of 23 who has a valid driving licence and whose primary duty as an employee of the hirer is that of a driver.
4. "The Vehicle"=The motor vehicle more fully described on the rental agreement, including all its accessories.
5. "Accessories"=One jack and handle; one spare wheel spanner; one set of triangles; one spare wheel; one lockable fuel tank cap and keys, and any additional accessories listed on the rental agreement.
6. "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.

Hire and Payment

All prices exclude VAT effective from 01/O6/99. The Hirer undertakes to ensure that payment of any account rendered will reach the Company Head Office not later than 30 days from date of statement for the month during which credit was granted.

Where a special rate, discount or commission was negotiated in respect of a transaction and or transactions and where payment has not been received in accordance with the terms set out in 2.(a), the Company reserves its right to charge its full rate prevailing at the time of the hire for the period of the hire.

All payments by the Hirer shall be made free of exchange and without any deductions whatsoever at the Company's place of business.

Should the Hirer fail to pay the amount due within such period of 30 days, the hirer hereby agrees to pay interest on the outstanding balance at a rate of 21/2% per month or at the maximum rates prescribed by law from time to time, whichever rate be the higher.

Fuel is not included in the hire rates. Vehicles are delivered to a hirer with a full tank and the hirer is responsible for the delivering of the vehicle to the Company with a full tank, alternatively will be responsible for the payment of the cost of refilling the vehicle on its return.

Use of Vehicle

The Hirer shall not without the prior written consent of the Company:

Use the vehicle for off-road transportation, racing, towing, rallying or in competition of any kind or for the carriage of passengers for reward, nor shall he/it convey goods or articles therein m such a manner as to cause damage through
overloading or damage to the upholstery or any other part of the vehicle.

permit the vehicle to be driven by anyone other than the hirer or an authorised driver;

permit the vehicle to be housed or left unattended for any period of time in any township

permit the vehicle to be removed beyond the borders of the Republic of South Africa or into any independent state within the borders of the Republic of South Africa;

permit the vehicle at any time to be loaded in excess of its legal permissible payload.

The hirer or any authorised driver must be in possession of a valid, unendorsed driver's licence which has been in force for a minimum period of three years (3). No one under the age of 23 years shall be allowed to drive the vehicle.

The Hirer shall ensure that whenever the vehicle is left unattended, it is locked and if left unattended for more than 30 minutes that same is left or garaged in or on secure premises.

Acknoledgement of Hirer:

The Hirer acknowledges that at the time of delivery to him:

The vehicle, its appurtenances and accessories were in good working order and repair;

The radiator, oil reservoirs and fuel tank were filled to capacity; (c) The kilometre indicator on the vehicle was operating correctly;

The tyres were of good tread and condition.

Indemnitites, Accidents and Loss

1. If the vehicle is damaged in any way whilst in the hirer's possession, the hirer will be fully responsible for the cost of all repairs to the vehicle at a panel shop of the Company's choosing. In addition the hirer agrees to pay the current standard brochure hire rates for that particular vehicle while it is off the road for said repairs. If the vehicle is deemed irreparable (damage beyond economic repairs) by the Company in its sole discretion, the hirer shall forthwith pay to the Company the cost of replacing the vehicle with an identical new one, less the salvage value which the Company is able to obtain for the vehicle.
2. Should the hirer not return the vehicle to the Company for any reason, including but not limited to the loss of the vehicle due to theft or hijacking the hirer shall forthwith pay to the Company the cost of replacing the vehicle with an identical new one.
3. Where negligence of the hirer is a factor in any proceedings arising hereout, such negligence shall be presumed and the onus of disproving same shall be on the Hirer. (d) The Hirer shall:
   
   1. immediately report any breakdown of the vehicle, any collision in which it is involved or theft thereof or damage thereto, to the Company and the Police and immediately after any verbal report to the Company confirm same in writing.
      
   2. do all things reasonably required by the Company, its insurers or any authority arising out of contingencies hereof, failing which it shall be responsible for any damage suffered by the Company, arising from its omission.
      
4. Should a driver be supplied to the Hirer by the Company, such driver shall be deemed the employee of the Hirer during the duration of this agreement. (f) The hirer will be responsible for the payment of any fines for traffic offences, and in the event that the Company is obliged to pay any fine, undertakes to repay the company on demand.

Deposit

The Company shall be entitled in its sole discretion to allocate the deposit paid by the Hirer for the excess, or if the insurance cover is repudiated by the Company for any reason whatsoever, to the damages suffered by the Company.

Hirer's Obligation

1. During the duration hereof the Hirer shall:
   
   1. Ensure that water and oil levels in the vehicle are checked regularly and that any defects are immediately reported to the Company. The vehicle shall not be used until any such defects are remedied;
   2. return the vehicle to the Company for lubrication service every 15 000 kilometres or every 90 days whichever is the sooner;
   3. use the vehicle in a fit and proper manner in regard to the driving and loading;
   4. be responsible for payment of any fuel, oil or necessary ubricant used;
   5. be liable for any damage caused by his negligence or that of the nominated driver or for any illegal action on his part or that of the nominated driver.
      
2. During the duration hereof the Hirer shall not:
   
   1. use the vehicle in any illegal manner.
   2. without the prior written consent of the Company cede or delegate his/its rights or obligations hereunder or sublet the vehicle to any person whatsoever.
      
3. Unless a written extension of the hire period is agreed upon, the hirer shall return the vehicle to the Company on the date of termination. A failure to do so will entitled the Company to report the vehicle as a "stolen vehicle".

Completion of Agreement

The Hirer acknowledges that insofar as certain information namely "days hired", "kilometres out", "kilometres driven", "fuel", "driver", "sundries" and "permits" required for the completion of the face of rental agreement are not available at the date of signing, it hereby authorises the Company to insert such information in the rental agreement and agrees that it shall be bound by the amounts so inserted.

Kilometre Indicator

Should the kilometre indicator malfunction or stop working the Hirer shall:

1. immediately return the vehicle to the Company for the purpose of repair;
2. furnish the Company with full details of the use to which the vehicle has been put to enable the Company to reasonably assess the distance covered since malfunction or breakdown of the indicator. The decision of the Company in this regard shall be final and binding on the Hirer.
3. All speedometers are sealed. If any speedometer is found to have been tampered with, the renter will be charged for 500km per day of the signed rental agreement, plus the original kilometres driven. All discounted, special, weekly, monthly, unlimited kilometres and weekend rates will become null and void.

General

1. A certificate under the hand of any senior official of the Company (whose status need not be proved) shall be sufficient proof of any amount due by the Hirer thereunder.
2. Such certificate shall be valid for the purpose of obtaining Judgment, Provisional Sentence, Summary Judgment or any other order against the Hirer.
3. The Company shall be entitled to appropriate any amount paid or due by the Hirer to any liability of the Hirer as it (the Company) in its sole discretion elects.
4. The Hirer and the signatory hereto choose domicilium citandi et executandi for all purposes arising hereout at the addresses reflected for them respectively overleaf.
5. The Hirer consents to the Company having the option to bring any legal proceedings arising hereout in any Magistrate's Court having jurisdiction, notwithstanding that the subject matter of any cause of action would otherwise be beyond such courts jurisdiction. The Company shall at all times be entitled to bring any legal proceedings in any other Court of competent jurisdiction.
6. No relaxation by the Company of any of its rights hereunder or indulgences by it to the Hirer shall in any way prejudice the Company's rights hereunder nor shall they be construed as a waiver or novation of such rights unless reduced to writing and signed by the Company prior to such waiver or relaxation.
7. This, read together with the rental agreement, is the whole agreement between the parties hereto and no variation, additions or alterations thereto shall be of any force or affect unless reduced to writing and signed by both parties.
8. The Hirer hereby warrants and undertakes that he or his nominated driver has:
   1. obtained the necessary authority, Motor Carrier Transportation Certificate or Exemption from the Local Road Transportation Board or any other authority concerned to lawfully utilise the vehicle hereby hired by him for the purpose to which he intends putting and actually using the vehicle, insofar as such Motor Carrier Transportation Certificate, Exemption or Authority may be necessary. In the event of the hirer not first having obtained the said Motor Carrier Transportation Certificate, Exemption or necessary Authority, the Company shall not be responsible to the Hire or any other person or persons concerned for the contravention by the Hirer of any laws or regulations occasioned by the use of the vehicle by the Hirer.
   2. A licence to drive the motor vehicle in the Republic of South Africa.
   3. In the event that the Company is obliged to utilise the services of an attorney to enforce any of its rights in terms of this agreement, the hirer agrees to pay the Company's costs thereby incurred on an attorney and own client basis.

Breach

Should the Hirer commit a breach of any of the terms of this agreement whether such breach be material or not; or commit any act of Insolvency; or have made any incorrect or misleading statements or representations to the Company then upon such happening and without prejudice to any other rights which the Company may have against the Hirer to claim damages or otherwise, the Company shall have the right, without notice, to cancel this agreement forthwith in which event the Hirer shall be obliged at his/its own cost and expense to return the vehicle to the Company and to forthwith pay all amounts which at date of cancellation are due and unpaid.

Damage

If for any reason whatsoever as long as not attributable to the Company) the vehicle is impounded by the Police or Traffic Authorities, the Hirer agrees to pay the Company as and by way of a genwne and fair estimate of the Company's damages, all the charges provided herein calculated from the date of inception of this contract until release of the vehicle to the Company. If the vehicle is still impounded after six months of, date of,signature of the contract, it shall be deemed irrecoverable and the Hirer shal forthwith pay to the Comp addition to the damage specified above) the cost of replacing the vehicle with an identical new one.

Indemnity

1. The hirer indemnifies the Company against any claim by any person for any damages of any nature whatsoever suffered as a result of any incident involving the vehicle whether as a result of the Company's negligence or otherwise.
2. The Company shall not be liable for any damage arising out of any defect in or mechanical failure of the vehicle, nor any loss of or damage to any property transported or left in the vehicle nor for any indirect damages, consequential loss, loss of profits, or any other damages which the hirer or the driver of or any person transported in the vehicle may suffer arising out of this agreement or by virtue of the use of the vehicle.

Insurance Cover

Payment of the premium for insurance shall exempt the hirer from liabiliy to the Company for the loss of or damage to the vehicle, over and above the insurance excess payable as detailed on the rental agreement if,

1. The vehicle is damaged during the use thereof by the hirer, provided that the vehicle was being used in compliance with the provisions of this agreement and was not being driven contrary to the provisions of any law.
2. If the vehicle is stolen whilst the vehicle is on hire, provided that the vehicle was being utilised, garaged or parked in accordance with the provisions of the agreement. (c)Notwithstanding payment of the premium, and without derogating from the obligation of the hirer to use, garage or store the vehicle in terms of this agreement, the hirer shall not be indemnified m terms of this clause if the vehicle was damaged or lost: (i)in any area governed by the Emergency Regulations Promulgated from time to time in the Republic of South Africa in terms of any applicable legislation, or any area where civil unrest is prevalent, or;
   1. Zimbabwe, Mozambique, Botswana, Swaziland, Lesotho, Namibia or any other country or;
   2. where the vehicle is lost or damaged by or through any act of a political nature (where applicable) and as more specifically defined by the South African Special ~tisks Insurance Association (in such area, self governing territory or country, the cost of any such loss or damage of any liability resulting from such loss or damage shall be the sole responsibility of the hirer, for the hirer's own account and shall be recoverable by Company from the hirer or;
   3. where the vehicle is used or dealt with contrary to the terms and conditions of this agreement.
   4. Where the vehicle is not returned on the due date, alternatively is not returned on due date in respect of written extension of the contract of hire". (vi) Where the vehicle is damaged in an accident or stolen and a person other than the hirer or authorised driver was driving the vehicle, alternatively where the driver of the vehicle was not in possession of a valid, unendorsed driver's licence which had been enforced for minimum period of three years and / or where the driver was under 23 years of age".
3. Should the vehicle be fitted with a gear lock and the gear lock not be used, the hirer will be responsible for the total cost of the loss of the vehicle.
4. The hirer liabilty will be doubled in the event of damage being caused to the vehicle by driving, on roads not suitable for the vehicle or, where the vehicle was damaged in a collision or incident where no other vehicle came into physical contact with the hired vehicle.

About us

The Woodford Group is an award winning vehicle hire company operating in KZN, Capetown and Gauteng. This site allows our clients to view the fleet, obtain quotations and pay deposits to reserve vehicles.

Use of Site

You may only use this site to browse the content, make legitimate vehicle reservations and pay deposits and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
   
2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
   
3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Vehicle availability

The availability of vehicles is dependent on stock held at a particular branch on a specific date.
Every effort is made to ensure that the group of vehicle you have reserved is available on a particular date, however unforeseen circumstances may cause shortages. Should we be faced with such an occurrence Woodford Vehicle Hire contact you to make an alternative arrangement for you

Reservation processing

Your reservation will not be processed until we receive a confirmation and a refundable deposit payment equal to the insurance excess for the vehicle.

Refunds/returns Policy

Should you for any reason wish to cancel your reservation you will be liable for a 20% fee. This fee will be no less than R250. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original reservation.

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).

Woodford Vehicle Hire endeavours to offer you competitive prices on current products; your total order price will include the price of the reservation plus any applicable taxes or tourism levies.
Woodford Vehicle Hire reserves the right to change pricing at any time without prior notice.

Credit Card

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.

Security Policy

1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
   
2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
   
3. The Merchant does not have access to credit details.
   
4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to Woodford Vehicle Hire and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Woodford Vehicle Hire for any civil action or any legal action deemed necessary against me.


A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.