Terms and Conditions
It is important that the customer (you) read, understand and familiarize yourself with these terms &conditions. These are the terms under which the vehicle is rented to you by Focus ("us" or "we") and on which any Insurance cover is provided for you by us.
If you are signing the Quote Agreement for somebody else (for example your employer), you must tell us before you do so. By signing for someone else, we will be entitled to assume you have their agreement to commit them to follow these terms and to pay all the charges and other monies. If you are not authorized to sign for someone else you will be responsible as if you signed the Quote Agreement in your own name.
1. You must pay us the rental charge in full 24 hours prior to delivery of the vehicle/s. If you do not pay us money you owe us on time we will charge you interest until you do. We will charge interest at 4% per annum. You will also have to pay the losses and costs we run up whilst we are preparing, carrying out or trying to enforce these terms.
2. You acknowledge that the relevant mileage is the mileage recorded from the time the Vehicle leaves the Johannesburg Truck Hire branch until its return to Johannesburg Truck Hire branch. If the Vehicle is rented by the Customer for a continuous period of not exceeding 28 days it is Johannesburg Truck Hire policy to allow unlimited mileage within the agreed rental charge.
3. If in the opinion of Johannesburg Truck Hire the mileage has been significantly exceeded Johannesburg Truck Hire may, at its discretion, charge the Customer for such excess mileage. If the Vehicle is rented by the Customer for a continuous period in excess of 28 days a mileage allowance of 2,000 km’s will apply per 28 days. Any mileage in excess of the above will result in an excess mileage charge. All Hires should not exceed 90 days in total unless the vehicle paperwork is reopened by Johannesburg Truck Hire.
4. Cancellation Charges
1. When you book your vehicle rental you are entering into a legally binding contract.
2. Johannesburg Truck Hire levy a charge for cancellation of any booking you are unable to honer prior to your collection date (see below).
3. No refunds will be given for rentals ended early, late collections, no shows or cancellations made after the rental start date.
4. All cancellations must be made in writing.
5. Johannesburg Truck Hire has no cancellation fee when Johannesburg Truck Hire is advised 48 hours prior to the reserved rental start date. Johannesburg Truck Hire does not charge any amendment fee up to 48 hours prior to the rental start date however should a reservation be amended the client will have to pay the rate available at the time of change. Should the customer cancel less than 48 hours prior to the reserved rental start date a cancellation fee equal to the full rental fee will be charged. No refund is possible when Johannesburg Truck Hire is informed of the cancellation after the planned pick up date and time.
1. The quote agreement shows which waiver options you have chosen. You are advised that the aforementioned waivers may be invalidated if you fail to take reasonable measures for the safety or security of the vehicle, its parts or accessories, or fail to comply with all the restrictions on the use of the vehicle or otherwise abuse or misuse it.
2. No waiver chosen by you gives protection against any damage caused to tyres or by reason of you hitting a bridge, car park barrier or other overhead object. You will have to pay for all losses, cost and expense caused by such damage.
3. The hirer is also responsible for the full cost of punctures, damage to wheels, wheel trims and tyres.
1. Vehicles are only covered for use on classified roads. Damage to undercarriage of vehicles due to off road use must be paid in full by Hirer.
2. The hirer is responsible for the damage repair amount up to the value of the compulsory excess / deposit, in respect of each and every incident involving the hired vehicle.
1. WE SHALL BE UNDER NO LIABILITY WHATSOEVER WHETHER IN CONTRACT OR TORT OR OTHERWISE FOR ANY CONSEQUENTIAL OR BUSINESS LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR CONTROL OF ANY VEHICLE AND YOU HEREBY AGREE TO INDEMNIFY US FOR ANY LOSS OR DAMAGE LIABILITY AND EXPENSE INCURRED BY US ARISING FROM YOUR BREACH OF THIS AGREEMENT
Restrictions on Using the Vehicle
1. You hereby warrant that you will not allow the following people to drive the vehicle:
1. Anyone whom we have not first approved in writing as a passenger of the vehicle.
2. You must not allow the vehicle to be used:
1. For carrying fare paying passengers.
2. For hire or for other reward.
3. For driving tuition.
4. For racing, pace making, speed trials or any other sporting competitions.
5. For any illegal purpose.
6. For the carrying, keeping or concealing of any goods, materials or substances. chargeable with a tax or duty which has not been paid or the payment of which is thereby sought to be avoided or in connection with the import or export of goods, materials or substances contrary to any prohibition or restriction.
7. While in an unroadworthy condition or while failing to comply with any statutory provision.
8. To tow or push any other vehicle or trailer (unless we agree to this in writing first) or in any way which contravenes the Highway Code, road traffic laws or any other laws.
9. When it is overloaded with luggage, goods or passengers.
10. For carrying corrosive, radioactive, inflammable, explosive or other harmful substances.
11. For carrying anything which, because of its smell or condition, will harm the vehicle or mean we lose time or money before we can again rent out the vehicle.
12. Outside of South Africa unless we agree to this in writing first.
3. If you do not follow these terms you will have to pay us for any charges, damages, restoration costs and expenses we have to pay and any loss you cause. You may also lose the benefits of any liability waivers you have chosen.
What to do if the vehicle is stolen or damaged or you have an accident
1. If the vehicle or any of its parts or accessories is stolen or damaged, by a criminal act or if it is involved in an accident in which someone is injured, you must immediately contact the local Police to report the incident.
2. You must telephone Johannesburg Truck Hire from and report the incident within 12 hours. and give us the police details and any other Information we ask for.
3. You must telephone Johannesburg Truck Hire which the vehicle was rented within 12 hours to report any other incident in which the vehicle was damaged.
4. If following any incident the vehicle is unroadworthy or dangerous it must not be used.
5. You must always:
1. Take the Police Crime Number and the reporting Officer's name when the police are involved.
2. Takes the names, addresses and telephone numbers of all witnesses when relevant.
3. Avoid saying or doing anything which admits that the accident was your fault.
4. Send to us at Johannesburg Truck Hire all papers and documents you receive about the accident or damage (including copies of any court papers and any legal documents).
5. Fill in an Accident Report Form, sign it and send it to us within 24 hours of the loss or damage otherwise the insurers may refuse to consider the claim.
6. Co-operate fully with us, the insurers and anyone else we or the insurers appoint.
7. Allow us or them to take legal action and or to enforce legal rights in your name.
8. Do anything else which we or the insurers think is reasonably necessary to help us or them enforce our or their rights for loss or damage to the vehicle, its parts or accessories while you were renting it.
9. If you receive any money in respect of loss or damage to the vehicle and/or it spares and accessories you must pay this to us and until you do, hold it as trustee for us.6. Failure to comply with your obligations under section 5 of these terms and conditions will render you liable for all claims, costs and losses.
1. When the rental starts the vehicle will be roadworthy and fit for normal use. If it is not, or if it becomes un-roadworthy or unfit for normal use during the rental you must inform Johannesburg Truck Hire.
2. If you have followed these terms we will try to replace or repair the vehicle but we will not be liable for your own loss or damage including loss of profit or earnings unless the law says that we cannot exclude or restrict our liability to you for this.
Responsibility for the vehicle and its return
1. Our driver must always drive the vehicle carefully and considerately. You must not sell or lend it or allow anyone else to have or obtain any possession or rights over it. Upon return the vehicle together with all its accessories and parts must be in good repair and condition (apart from reasonable wear and tear). All damage due to your negligence will be chargeable to you notwithstanding any Excess amount procured.
2. Where you ask us and we agree to deliver the vehicle or to collect the vehicle, you may have to pay additional charges and follow additional instructions.
3. You will be responsible for the vehicle, its accessories and its parts and fully liable under these terms of rental from the moment we give send the truck, or should we leave the vehicle at the place and time which we have arranged with you in advance. You continue to be responsible and fully liable under these terms of rental until the vehicle is returned to our depot.
4. If you return the vehicle at any time outside our normal hours of business or at any other time when our representative is not available to inspect it you will be responsible for it until we do inspect it.
5. You are responsible for ensuring that any damage to the vehicle found on delivery is noted on the quote agreement. All vehicles are inspected before rental and again when they return from rental. You will be held responsible for any damage found on the vehicle following its return from rental.
6. Our vehicles are normally supplied with a full tank of fuel either at the start of rental, or if we have agreed to deliver the vehicle, when the delivery commences. If a vehicle is returned with less than a full tank of fuel, we will refill it, charge you for the fuel and for the refueling service. Where we have agreed to collect a vehicle, any fuel used between the collection address and our nearest rental station is chargeable. Refueling rates are subject to change without notice.
7. A Fuel Purchase Option may be available when you commence your rental at rates prevailing at the time. By purchasing a full tank of fuel at the commencement of your rental you will be relieved from the aforementioned obligation to refill the vehicle upon its return.
8. You must return the vehicle immediately if we ask you to, although we hope this will not be necessary. In the event that the vehicle Is not delivered up to us upon request you hereby authorize us to enter onto your premises and to do any and all other things necessary to repossess the vehicle, Any costs associated with such repossession shall be for your account, We may repossess any vehicle without notice or liability where we deem that such repossession is necessary for our own protection.
9. You must return the vehicle before the mileage reading exceeds the maximum allowable mileage as shown in the vehicle. Failure to do so may result in late return mileage penalties.
Responsibility for your property
1. We will not be responsible if your property (or anybody else's) is damaged, lost or stolen while it is in the vehicle. You are responsible for our losses and expenses caused because you leave property in the vehicle at the end of the rental.
Road Traffic Acts and other laws
1. While you are renting the vehicle you will be liable, as if you were the owner, for any offence committed under the Road Traffic Acts and any other relevant loss in respect of the Vehicle and its use during the rental period which results in the imposition of fixed penalties or excess charges. You hereby authorize us to pass through to you any notice or proceedings received by us relating to a period during which the vehicle was rented to you. You hereby agree to respond to and settle any notice or proceedings so received and to indemnify us against any liabilities or expenses incurred.
1. If you do not follow these terms and the vehicle or any of its parts and accessories is lost or damaged, you will be responsible. You will also be responsible for any financial loss we suffer as a result and for any relevant claims made by other people you agree to pay any amounts we spend enforcing these terms.
2. You (or any other authorized driver) shall not be acting as agent, servant or employee for us in any circumstances. We will be entitled to treat anyone acting or claiming to act on your Instructions as your agent. The rental is personal to you and you cannot transfer your part of any agreement.
3. If two or more persons are named on the Quote Agreement each of them will be jointly and severally liable in full for all our charges and for following their terms.
4. The entire terms between us for the rental of the vehicle are contained in the Quote Agreement and in these terms. All rentals which include delivery or collection of the vehicle are also subject to additional terms and conditions applicable to deliveries and collections.
5. If the vehicle is stolen, lost, destroyed or damaged during your rental, your responsibilities to us remain unchanged and continue to apply.
6. If you and we agree, or a court of law decides, that one of these terms is illegal, not valid, or cannot be enforced, the term in question will be changed. In meantime the rest of these terms will still apply. If we cannot change the term in question to make it valid and enforceable the rest of the terms will continue without it. In either case, the change will apply on the date we agree or the Court decision is made.
7. These terms can only be changed in writing by or with the written consent of a Director of Johannesburg Truck Hire.