Simon's Town Scooter Adventure's Terms & Conditions

FOREWORD

When providing you with a vehicle, Simon’s Town Scooter Adventures is liable to you, and you are liable to Simon’s Town Scooter Adventures the general and specific conditions of the present agreement, and you acknowledge that you have read and understood such conditions before signing the Rental Agreement. You are responsible for all damage caused by you (including the damage on the vehicle not exceeding the vehicle’s market value).

DEFINITION

The Renter refers to Simon’s Town Scooter Adventures the legal of which appears on the Rental Agreement. Simon’s Town Scooter Adventures to the Rentee the vehicle that is described in the attached document – Description of the vehicle condition. The Rentee refers to the natural person in the name of which the agreement is made and whose signature on the agreement. He/She is the payer and the driver. By accepting this offer, the Rentee agrees to comply with the terms and conditions described here under. 

Note that the present agreement includes the Rental Terms and Conditions; the Description of the vehicle’s condition, which is reviewed by both parties before departure and at restitution of the vehicle invoice and deposit.

CONDITIONS FOR SCOOTER RENTAL

For a 125 cc vehicle, the renter must meet the following requirements:

  • Be over 18 years old.
  • Provide a valid ID proof.
  • Provide a valid class A or A1 driving license, or a license acceptable by South African Authorities.
  • Proof of address or accommodation booking.

For a 125/300 cc vehicle, an R5000.00 non-cashed deposit by credit card is required. Note that if you book online, only the credit card used for online payment will be accepted.

All scooters will be handed over to the rentee with a full tank of fuel.

CONDITION OF THE VEHICLE

The vehicle that is allocated to the Rentee under this Rental Agreement is the one described in the Description of the vehicle’s condition document, which is reviewed by both parties before departure and at restitution of the vehicle. Visible damage on the vehicle, mileage and condition at departure are recorded in the document. By signing the agreement, the Rentee agrees to the condition of the vehicle and the provided accessories as mentioned in the Description, and thereby acknowledges their good state. The Rentee is expected to return all the items in their initial state – failing which he/she will be required to refund the price of the items at their standard market value or as indicated on Simons town Scooter Adventures repair quotation – and in the same state of cleanliness as at departure, or otherwise pay additional washing fees. Any reservation regarding the condition of the vehicle or the provided accessories must be recorded by the Rentee on the Description document prior to collecting the vehicle.

TERMS AND CONDITIONS OF RENTAL AND USE

Rental service is agreed for a specified day as stated on the Rental Agreement, and is exclusively reserved to the Rentee and signatory of the agreement. It is in no case transferable. As soon as the Renter hands over the vehicle to the Rentee, the latter has the entire custody of the vehicle and becomes fully responsible for any road traffic offences, parking fines, speeding tickets, customs offences or any other legal contraventions established against him/her. For each contravention, the Renter will charge the Rentee a fixed allowance of R75 towards the administrative costs incurred for communicating contacts details and sending the notice for incremental fine or contravention. The Rentee commits to lock the vehicle at each stop, using the anti-theft device; the keys shall in no case be left on the vehicle. The Rentee further agrees to use the vehicle with care, with caution and to its intended purpose, in keeping with traffic regulations and more generally to all applicable legal provisions and regulations.

The Rentee more specifically agrees:

  • not to let anyone else drive the vehicle
  • not to overload the vehicle by transporting more than one passenger, for instance
  • not to take additional passenger as a paid service.
  • to drive on roads intended for normal circulation and to neither take part in any race, competition or rally, nor to try or prepare for it
  • not to use the vehicle for illegal purposes.
  • not to alter any equipment or add anything on the rented vehicle.

The Rentee shall neither reassign, sell, mortgage or pledge the present agreement, the vehicle, its equipment and accessories, nor handle them in a way that would adversely affect the Renter.

The Rentee agrees under the present agreement that the vehicle can be fitted with an anti-theft satellite-tracking device, which will enable us to locate the vehicle at any time.

Both the hirer and passenger (where applicable) shall at all time wear a helmet, which must be clipped on and firmly attached at all times, and agree to not operate the scooter under the influence of alcohol or any illegal or intoxicating substances of any nature.

The hirer shall use the scooter entirely at his/her own risk and agrees that Simon’s Town Scooter Adventures, its employees, agents or associates shall not be responsible, liable or accountable and shall be rendered blameless for any loss. injury or death sustained as a result of the rental and use of the scooter during the rental period or any extension thereof. In the event of the scooter breaking down, the hirer agrees to remain with the scooter, until Simon’s Town Scooter Adventures can arrange collection of the scooter.

Simon’s Town Scooter Adventures, does not accept responsibility for any damages you may cause to your person/self or other vehicles.

RATES AND EXTENSION

The applicable rental rates are those agreed upon at the signature of the agreement. Rental fees are payable in advance, and the amount depends on the duration of rental under the agreed conditions. In case the vehicle is brought back to the Renter prior to the due date, the total amount paid for the rental remains to the Renter. The Rentee incurs all fuel expenses. The basic package is calculated on a daily as per the applicable rates. It also includes an all-risk third-party liability insurance for 125/150/300-cc vehicles. Mileage will be determined from the odometer that was installed on the vehicle by the manufacturer. If the Rentee wants to keep the vehicle for an extended period, he/she must obtain the Renter’s prior approval and immediately provide upfront payment for the newly agreed rental period.

RESTITUTION OF THE VEHICLE

The Rentee agrees to bring back the vehicle to the Renter on the due date, at the due time, to the agreed location, and in any case during office hours from 9am to 17h00pm. Rental duration is based on a daily cycle, which means it starts at 09h00am time on the start date and ends at 17h00 on the end date. The Rentee must advise the Renter, without delay, of any event which may prevent the restitution of the vehicle at the due time, otherwise exposing himself/herself to civil or criminal litigation. The Rentee is relieved of his/her liability only when the vehicle is returned to the Renter with the keys and all legal documents at the agreed location, failing which he/she will still be charged at the initial daily rate until the vehicle is returned. In case the Rentee refuses to sign the return description of the vehicle, he/she agrees that the Renter may request establishment of the return description of the vehicle from an independent expert, and that the related service fees will be charged to him/her. If the vehicle is returned in a different state than on departure, the Renter  charge the Rentee for any damage found on the vehicle and any missing accessory according to the applicable market prices. In any case where damage occurs in the vehicle, the Renter will charge the Rentee a fixed allowance of R500.00 for the administrative costs incurred, regardless of the type of additional insurance or supplement for protection the Renter subscribed to. If the vehicle is returned with more than 100km vs the start km a km fee of R2.20 will be charged for any additional km’s indicated on the Description document, the difference will be charged to the Rentee.

BOOKING AND CANCELLATION

In order to validate an online-booking, a 50% deposit of the total amount quoted,  must be paid when the booking is confirmed. To cancel a booking, the Rentee must inform the Renter by email : bookings@simonstownscooters.co.za or WhattsApp: 0825615450  If the cancellation notice is received 24 hours or more prior to the rental starting date, the Renter will refund the full deposit paid. If the cancellation notice is received within 8 hours prior or on the same date as  rental starting date, no refund will be paid, and the vehicle will become available for rent.

There will be no refund in the following cases:

  • Vehicle is rented on a shorter period than the one established in the booking
  • Rentee does not show up on the start date
  • Rentee fails to provide the same credit card that was used for online payment
  • Client cannot make a deposit.
  • When cancellation is made after the agreed date and time of departure, the total rental amount is due to the Renter.
  • In any exceptional case where Simons town Scooter Adventures is unable to the client’s booking, the Renter commits to advise the latter by email or by phone, in order to discuss any possible change to the booking or cancel it. Where no alternative solution is found, the Renter commits to refund the total rental amount to the Rentee without delay.

INSURANCE COVERAGE AND EXCLUSIONS

The use of the insured vehicle is strictly limited to leisure rides and/or commuting as per the Insurance Terms and Conditions. For scooters, the insurance policy covers all-risk damages on scooter alone Such insurance coverage applies exclusively during the period stated on the Rental Agreement and subject to the Rentee’s compliance to the rental’s Terms and Conditions. Outside this period – and unless an extension of the rental period is granted – the Renter declines all responsibility to any road accident the Rentee may cause and to which the latter is personally liable,  except the responsibility to apply the exclusions provided by the law. In the present agreement, the Rentee agrees to such insurance policy and to comply with the terms and conditions thereof. The Rentee agrees to take all appropriate actions to protect the interests of the Renter and the Renter’s insurance company in case of accident during the term of this agreement and further agrees:

  • To report any theft or attempted theft of the vehicle to the police within 24 hours of incident and to the Renter without delay, and to provide the Renter with the complaint record and the original vehicle keys within 48 hours
  • To immediately report to the Renter any road accident involving the rented vehicle, and to provide the Renter with a readable copy of the joint accident report, duly filled and signed by the parties involved and including the witnesses’ contact details, where applicable
  • In case of single accident damage, to provide information on the exact circumstances of the accident
  • Not to negotiate nor to compromise with third parties on the damages caused by or deriving from the accident.

       The Rentee is not insured in the following cases:

  • The Rentee fails to return the original vehicle keys to the Renter after reporting a theft, and such theft can be imputed to him. In such case, the Rentee will be required to refund the value of the vehicle as estimated by an expert
  • Damages are identified on the vehicle, resulting from burns, deterioration, overweight, overestimation by the driver of the vehicle’s capacity; damages on the tyres, wheels and wheel covers and related mechanical failures
  • The driver is drink-driving, as per specifications of applicable traffic regulations, or has taken drugs, any illegal substances or any medication without prescription, or with prescription while it is instructed on the medication label that it may cause drowsiness
  • Damages to the vehicle occur when it has not been returned on the due date – unless an extension has been granted by the Renter – in which case it is considered that the Rentee has acted against the Renter’s will and hijacked the vehicle
  • The Rentee has intentionally provided the Renter with false information on his/her identity, address and/or driving license expiry date; or false statements on the joint accident report, insurance claim or return description of the vehicle
  • Any damage or loss, regardless of their nature, of personal items, objects or animals transported on the vehicle 
  • The damages were intended by the Rentee
  • The vehicle is used for paid service or for driving lessons
  • The vehicle is rented and loaded with more than one passenger or a heavier load than what the registration certificate allows.

EXCESS AND SECURITY DEPOSIT

The Excess is the maximum contribution payable by the Rentee towards the damage covered by the insurance.

 The Security Deposit serves as security towards any possible amount the Rentee could owe the Renter under the execution of the present Rental Terms and Conditions. The Rentee agrees from the start that the Renter may deduct any due amount towards additional fees, as defined in the agreement, from the Rentee’s bank account through the deposit pre-authorisation. The Security Deposit can be remitted for collection in case of non-compliance to any provision of the present Terms and Conditions or if the Rentee fails to settle the due amounts when the vehicle is returned to the Renter. Except for the cases of exclusion defined in this document, the Security Deposit will be returned to the Rentee when the scooter will be returned to the Renter with its keys and documents.

Any late delivery will result in a charge of R50 per hour. There will be a lost key charge of R200 (R600 for auto Vespa) and a lost helmet charge of R1200 inclusive of collection/delivery.

JURISDICTION AND DISPUTE SETTLEMENT

For any claim, the Rentee must contact Simon’s Town Scooter Adventures office. You will find the contact number on the Agreement. Any dispute regarding the interpretation or execution of this agreement shall, unless amicably resolved between the parties, and to the extent permitted by law, be under the exclusive jurisdiction of the Court in the district where the renting office is registered.

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