WRITTEN AGREEMENT BETWEEN OWNER AND CUSTOMER
Owner – means registered independent owner of the trailer hire depot detailed the Rental Agreement: Budget Trailer Rental.
Trailer – refers to the vehicle rented by the Owner and all equipment and accessories attached there to.
Customer – is the party contracting with the Owner to rent a Trailer identified in the Rental Agreement.
Authorised Driver – is a driver authorised to drive a vehicle towing the Trailer, this includes the customer as well as any other driver whose name and driving license number are listed in the Rental Agreement.
Hire Period – is the period from the date on which the Trailer is collected from the owner by the customer or any authorised driver up until the Trailer is returned to the Owner.
Hire Charge – is the amount detailed in the Rental Agreement or resulting from the late return of the Trailer payable by the customer to hire the Trailer.
The customer acknowledges that at the time of hire that the trailer is clean and in a good serviceable condition and road worthy.
The customer agrees to return the trailer in a similar condition to that which the trailer was in at the time of hire. If in the opinion of the owner the customer returns the trailer in an unkempt condition or has caused excessive wear and tear, damage or damage through neglect or carelessness or abuse, then the customer agrees to pay for the trailer to be cleaned and restored to its condition as at the commencement of hire.
Pre-existing damage, wear and tear is to be noted in this contract being present at the commencement of hire to protect the customer from liability. The customer shall be responsible for all freight and other charges incurred by the owner or their customer in respect of the delivery and return of the trailers except when authorised by the owner in writing.
The customer agrees to make his own insurance arrangements for his/her property and the towing vehicle against loss or damage for any reason and accepts full responsibility for the towing vehicle, goods and luggage carried in or on the Trailer and understands that the owner will not accept responsibility for any loss or damage to, or caused by the same, regardless of cause.
The customer assumes all responsibility for any liability, including but not limited to public third party liability, arising from the trailer during the Hire Period.
The customer is completely responsible for any event of lost, theft, or mislaid part or entire trailer regardless of the cause.
The customer is strictly liable for the loss of, or any damage, accidental or otherwise, to the trailer, its equipment, accessories, load in or on the trailer, and other people and road users, their property and possessions until the trailer is returned to the owner. The loss the customer is liable for includes transport and administrative costs incurred in the recovery of the trailer.
The customer agrees to be liable for all the costs incurred by the owner in the recovery of outstanding amounts. This includes interest at the rate of 15.5% per month, debt collectors cost and commission and legal expenses.
Neither Budget Trailer Rentals (Pty) Ltd / the owner, its affiliates nor any of their respective directors, officers, trustees, beneficiaries, employees, servants, agents, advisors, insurers, predecessors or successors and assigns (collectively, “the Indemnified Budget Trailer Rentals (Pty) Ltd Parties”) will be liable to the client / user / hirer or any cessionary or third party claiming through it or on its behalf, in respect of any claim whatsoever, whether in contract, delict or otherwise, for any loss, damages, costs, penalties or expenses directly or indirectly incurred through or as a result of any act or omission of the client / user / hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the use of the trailer/s or any act of omission of the indemnified Budget Trailer Rentals (Pty) Ltd Parties (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors).
The hirer hereby irrevocably indemnifies the Indemnified Budget Trailer Rentals (Pty) Ltd Parties and at all times shall keep them indemnified and harmless from and against any and all actions, causes of action, claims, demands, damages, losses, interests, penalties, costs, expenses and compensation of whatsoever kind and howsoever arising which may be instituted or occasioned by any person against any of the Indemnified Budget Trailer Rentals (Pty) Ltd / owner Parties which is in any way associated with or related to any act or omission of the hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the uses of the hired trailer/s or any related acts thereto.
- Any Damage Waiver offered by the Owner is not insurance, but an agreement by the Owner that the customer’s liability for damage to the trailer can be limited in certain circumstances to the amount called the Damage Waiver Excess. The Damage Waiver only reduces the customer’s liabilities for the damage of the Trailer not for other liabilities including but not limited to other people and road users, their property and / or possessions.
The Damage Waiver fee is included in the Hire Charge and has a Damage Waiver Excess of:
3 meter trailers: R1500.00
4 meter trailers: R5000.00
Flatbed trailers: R5000.00
- The Damage Waiver reduced liability shall not apply if:
The damage is caused by use or operation of the trailer in contravention of any conditions in the Rental Agreement.
The vehicle towing the trailer is not being driven by an authorised driver.
The trailer is towed or used unlawfully.
The trailer is lost or stolen.
The loss or damage occurs due to the trailer being overloaded or incorrectly loaded.
The trailer is used on an unsealed road, track or pathway.
The trailer is used for a purpose for which it was not designed.
Where the authorised driver driving the vehicle towing the trailer is under the influence of a drug and/or drugs, or whose blood alcohol concentration as determined by breath test exceeds that permitted by law or who upon requirement lawfully made by a Police Officer in connection with his driving of the vehicle towing the trailer fails to provide as prescribed a specimen of breath or blood for analysis.
Undertaking by the customer
The customer shall use the Trailer in a skilful and appropriate manner and shall not speed or overload it. The Trailer, inside the main cargo space or on the luggage racks, has a maximum total load capacity of:3 meter trailers: 1000 kg / 1 ton
4 meter trailers: 1500 kg / 1.5 ton
Flatbed trailers: 2000 kg / 2 ton
It is suggested that 70% of the weight of the load should be in the front half of cargo space.
The customer agrees to carry the spare wheel provided for the Trailer and appropriate tools to change the wheel at all times.
The customer acknowledges that the Department of Transport requires safety chains and proper lights. The customer undertakes to comply with all regulations including load capacity of the Trailer and of the towing car.
The customer guarantees the owner that he/she and all authorised drivers have the knowledge, skill and ability required regarding the loading and towing of the trailer without incident or accident. The customer undertakes that neither he/she or any authorised driver will load or tow the trailer without the knowledge, skill and ability required fulfilling this guarantee.
The customer has the responsibility to report any identified or potential faults with the trailer immediately to the Owner and the customer nor any of the authorised drivers should not use the trailer if there are doubts about the trailer’s roadworthiness.
The customer undertakes that he/she as well as all authorised drivers are competent with (and not limited to):Correctly connecting and disconnecting the trailer coupling hitch.Correctly applying the safety chain connections.Correctly applying the trailer light plug connections.Conduct the light operation checks, prior and after useEnsure safe load distribution on and off the trailer.Ensuring any load is safely secured during loading/unloading activities, or when parked under tow,Correctly securing the jockey wheel when the trailer is both under tow and not undertow,The maximum load rating allowed for this trailerNot to operate the trailer with over or under inflated tyres.
- The hire of the trailer shall be limited to the hire period detailed on the front page of the rental agreement provided that if no period of hire is specified then the period of hire shall terminate at 17h00 three calendar days after the date of hire. The customer must at his/her own expense return the trailer to the address stated on the front page of the rental agreement or place from which said trailer was hired no later than the time before termination of the period of hire.
- In the event that the trailer cannot be returned by the due return time the customer must contact the owner and advise them accordingly before that time during normal office hours to provide an estimated time of return.
- In the event of the trailer not being returned by the scheduled return time stated on the front of the rental agreement, an additional hire charge shall be charged for the trailer on the basis of a new hiring agreement based upon the same terms and conditions as are herein contained save and except as to the hire period which will commence at the time the trailer was due to be returned and end when the trailer is returned to the owner.
- Failure to return the trailer without advising the owner of the late return will incur a hire charge until the trailer is returned calculate at a rate of R280 – R480 per day (depending on trailer type), or part thereof, plus the additional damage waiver fee, if applicable, to ensure the overdue hire period enjoys the same the same level of damage waiver as for the original hire period.
- Late returns not advised as above more than 24 hours after the scheduled return time will be considered as stolen trailers and the customer will be liable to prosecution for theft and all charges associated with recovering the trailer.
- The minimum age of the customer or any authorised drivers must be at least 18 years old.Preview
- The customer agrees that the trailers are not guaranteed to be waterproof or dust proof and that the customer is responsible to take measures to prevent water damage to any goods they enclose within the trailer.
- During the hire period the customer will not:
Sell, offer for sale, assign, mortgage, pledge or sub-let the trailer or any interest of the Owner herein.
Part with possession of the trailer except to parties named on this contract.
Allow any lien to be created in respect of the trailer for repairs or otherwise.
- The customer is responsible for all traffic or parking offences as well as any toll charges incurred during the hire period and will pay any camera fines incurred during the hire period. The owner reserves the right to charge the customer an administrative fee of R250.00 per offence.
- The customer will only drive the trailer on roads that constitute the national road system or properly constructed driveways.
- Driving on unsealed roads is strongly discouraged by the owner and if the customer drives on unsealed roads they should not exceed 40 km/h. Any damage caused while driving on unsealed roads such as, but not limited to, body work paint chipping will not be covered by the damage waiver and the customer will be liable for restoration costs, please see Customer’s Liability and Damage Waiver sections for full details.
- Driving the trailer on four wheel drive tracks, through more than 10cm of water, beaches or river banks is strictly forbidden.
- The owner will not be liable for any loss or damage sustained as a result of any defect the trailer or by implication that the trailer was available for hire in a particular condition.
- In the unlikely event of a trailer breaking down the customer shall arrange at his own expense to return it to the owner. In no event will the owner be responsible for any loss of time or expenditure damage and/or loss incurred by the customer arising out of any breakdown or mechanical failure of the trailer.
- The customer authorises the owner to charge and debit the customer’s credit card hire charge as well as any additional charges, including, but not limited to, fees or charges resulting from the late return, tolls and traffic or parking offences, recovery of any loss or damages, related to the hire of the trailer to be charged and debited to the customer’s credit card.
- The customer authorises the owner to charge and debit the customer’s credit card a non-refundable deposit of R500.00 at the time of making any booking, the value of this deposit will be deducted from the hire charge invoiced on collection of the trailer.
- There is no refund in the event that the trailer is returned early.
- The customer will be charged a cleaning fee of R150.00 for Trailers which are returned dirty.
- The customer agrees that the credit card provided shall be in their own name.
- The customer agrees that in the event of incorrect license details being provided that the credit card details provided by the customer are proof of hire.
- The customer acknowledges and warrants that all information provided by it is true and accurate and can be relied upon by the owner.
- The contract between the owner and customer comprises the whole agreement and that no collateral oral statements by the owner, staff, agents, and/or other from part of the contract.
Use Of Website
The term ‘Budget Trailer Rentals (Pty) Ltd (hereinafter referred to as Budget Trailer Rentals) refers to the owner of the website whose registered office is situated at R55, ia, South Africa. The term ‘customer’ refers to the user or viewer of our website.
- Accuracy of InformationWhile Budget Trailer Rental makes all reasonable efforts to provide information that is accurate, you should not assume that the information provided is always current or entirely accurate or that this Website contains all the relevant information available.The Customer agrees that neither Budget Trailer Rentals nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.The customer’s use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be the customer’s own responsibility to ensure that any products, services or information available through this website meet your specific requirements.From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). Budget Trailer Rentals has no responsibility for the content of the linked website(s). All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. The Customer’s use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of South Africa.
- Information Collection and UseThe customer may visit this site without disclosing your personal, identifiable information to us.Budget Trailer Rentals uses the customer’s personal, identifiable information in order to meet your requests, personalise the advertising and content you see on our pages and contact you regarding information you have shown an interest in.
- Information Sharing and DisclosureBudget Trailer Rental will not sell or disclose the customer’s personally identifiable information to anyone.Budget Trailer Rentals will not share personally identifiable information with other entities or individuals unless: we have your express permission to share the information; we need to share your information to fulfil your request; we respond to subpoena’s, court orders or legal process.
- Disclaimer and Limitation of LiabilityUsers expressly agree that use of the Website or the Internet is entirely at your own risk. This Website and its contents are provided on an “as is” and “as available” basis and Budget Trailer Rentals makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the Website, its Content, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of services and/or delivery arrangements and times.Budget Trailer Rentals disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.Budget Trailer Rentals does not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components.
Budget Trailer Rentals may update this policy from time to time, but will always publish the most up-to-date version on our site.