General Terms & Conditions

General renter information

5. Use of Vehicle

5.1 The Hirer may use the Vehicle for the purposes of its business and for the social domestic and pleasure purposes. The Vehicle is not to be used, and the Hirer shall not permit the Vehicle to be used, for any purposes for which it is not expressly designed. Further the Hirer shall not use or permit the Vehicle to be used for the following purposes:

5.1.1 driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances;

5.1.2 transportation of inflammable, dangerous goods, as well as toxic, corrosive, or other harmful substances,

5.1.3 for carrying anything which, because of its smell or condition, will harm the Vehicle or mean the Company will lose time or money before it can rent the Vehicle again;

5.1.4 transportation of animals including domestic pets;

5.1.5 carrying of passengers for hire or reward;

5.1.6 re-rental to or use by persons other than the Driver;

5.1.7 giving driving lessons;

5.1.8 participating in rallies, competitions or trials, wherever they may take place;

5.1.9 pushing or towing another vehicle or exceeding the authorised load weight;

5.1.10 travelling on non-paved roads or on roads, the surface or state of repair of which could put the Vehicle’s wheels, tyres or its under-body mechanics at risk;

5.1.11 intentionally committing an offence in respect of any non-compliance or contravention of any transport, traffic or other law or regulation in Mauritius.

5.2 The Hirer agrees that it shall not:

5.2.1 without the prior consent of the Company effect any mechanical or other modification to the Vehicle, make any alterations or additions, fit any towing equipment or other accessories or non-standard tyres, and any such additions alterations or modified parts which may be made, whether with or without consent, shall become part of the Vehicle and shall belong to the Company;

5.2.2 remove or interfere with any identification marks or plates affixed to the Vehicle nor attempt or purport to do so nor permit the same;

5.2.3 deface the paintwork or bodywork of the Vehicle nor add or erect any painting, sign-writing, lettering, or advertising to or on the Vehicle.

6. Duties of the Company

6.1 The Company shall during the continuance of this Agreement:

6.1.1 pay all applicable road tax, licence fees, insurance premium for the Vehicle;

6.1.2 deliver the Vehicle to a place agreed between both parties free of charge, unless the Hirer elects to collect the Vehicle from the Company’s premises;

6.1.3 regularly service and maintain the Vehicle and shall be responsible for all costs thereto including materials, oil, grease and lubricants in accordance with the manufacturer’s recommendations having regard to mileage and time intervals, together with the cost of any necessary repairs or replacements except where such repair or replacement is necessitated by any accident or by any negligent use or abuse of the Vehicle;

6.1.4 repair the Vehicle in the event of mechanical breakdown;

6.1.5 provide and pay for all tyres and any other spare parts that are required to be replaced through fair wear and tear or faulty manufacture;

6.1.6 subject to the provisions of clauses 6.1.3 and 6.1.4, in the event a Vehicle becomes temporarily un-road worthy, other than as a result of accident, damage, theft or vandalism, make available a Replacement Vehicle, not necessarily of the same type and age, for delivery by the Company within twenty-four (24) hours, or so soon thereafter as is practicable, after the receipt of notification from the Hirer requesting the same;

6.1.7 Where the Vehicle becomes temporarily un-road worthy as a result of accident, damage, theft or vandalism, the Company shall cause its insurance company to make available to the Hirer within twenty-four (24) hours, a Replacement Vehicle in accordance with the terms and conditions of the applicable insurance policy.

7. Duties of Hirer

7.1 The Hirer shall during the continuance of this Agreement:

7.1.1 ensure that the Vehicle is operated properly and safely by the Driver who at all times hold a valid and current driving licence in the appropriate class;

7.1.2 subject to the provisions of clause 6.1.4, deliver the Vehicle to the Company for any maintenance or repairs;

7.1.3 indemnify the Company against all fines, penalties and liabilities imposed on the Company or arising in respect of any

non-compliance or contravention of any transport, traffic or other law or regulation, together with any cost or expense relating thereto incurred by the Company;

7.1.4 Inform the Company for any damage caused to the vehicle;

7.1.5 bear the cost of the repair or rectification of any damage to the Vehicle resulting from negligence or improper use of the Vehicle by the Driver or the Hirer.

8. Insurance

8.1 The insurance policy of the Vehicle concluded or to be concluded by the Company with the relevant insurance company (the ‘Insurance Policy’) shall be a fully comprehensive insurance policy.

8.2 All matters relating to the Insurance and Insurance Policy of the Vehicle shall not be applicable to the Hirer and is deemed to be of the full and sole responsibility of the Company.

8.3 A true and certified copy of the Insurance Policy shall be delivered to the Hirer on the Commencement of Hire and within two business days of every renewal of such Insurance Policy.

9. Indemnity

9.1 Subject to clause 3.3 and 7.1.3, the Hirer shall at all times be held liable only to the Rental Fees.

10. Ownership

10.1 The Vehicle shall at all times remain the property of the Company and the Hirer shall have no rights to the Vehicle other than as hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Company in respect of the Vehicle are or may be prejudicially affected.

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