TERMS, CONDITIONS (& GUIDELINES) OF HIRE AND CARRIAGE
which, if accepted, forms part of the rental agreement entered into by and between Dunes Car Hire cc (hereinafter “Dunes C H&T”) and the renter
It is recorded that an acceptance of Dunes C H&T’s quotation, the subsequent booking of a vehicle, signature and return (constituting acceptance) hereof will be regarded as a contractually agreed rental agreement entered into by and between Dunes C H&T’s and the renter, which acceptance incorporates acceptance of Dunes C H&T’s Terms, Conditions (and Guidelines) of Hire and Carriage recorded hereunder.
The Renter hereby warrants that all the details provided on the rental agreement are true and correct.
This agreement contains all the terms and conditions agreed up between the parties. Any variation/s and /or additions, including but not limited to any extensions to the rental period, must be reduced to writing and signed by the parties before becoming effective and binding. (If this agreement is not validly extended, the waivers in terms of clause 9 will immediately lapse upon expiry of this agreement).
The Renter chooses the physical address furnished on the rental agreement as one of the domicilium citandi et executandi possible for the service of all notices and/or legal processes. In addition, thereto, if the renter is not an ordinary resident of Namibia, Dunes C H&T shall be entitled to serve any legal process at any one or more of the addresses stated in the “client information sheet” completed by The Renter or Travel Itinerary supplied by the Renter’s Travel Agent.
TERMS AND CONDITIONS OF HIRE AND CARRIAGE
1. The rental rates, quoted in Namibian Dollar (N$), include:
1.1 Value Added Tax (VAT) at a rate of 15%.
1.2 Unlimited kilometres.
1.3 Collision and Theft Insurance Cover.
1.4 All factory fitted / -supplied vehicle specific standard vehicle accessories, being Fire Extinguisher, Spare Wheel, Jack & Spanner and First Aid Kit. The vehicle is also equipped with a Built in Air Pump, 60 Litre built in water tank, Duel Battery System, Tyre Pressure Monitor and Roof Rack
1.5 After receipt of the vehicle the renter shall, at the expense of him/herself, properly provide all necessary water, oil and petrol for the running of the vehicle, failing which The Renter shall be liable for any loss or damage as a result;
2. The rental rates exclude:
2.1 Insurance excess deposit and non-waivable excess. (In regard to any and all insurance related queries see the heading Insurance hereunder and Dunes C H&T’s insurance policy schedule, the latter which will be made available upon request, for further details).
2.2 Additional and young driver (under the age of 25 years old) insurance surcharge.
2.3 Delivery and collection fees.
2.4 Non-standard vehicle accessories and/or equipment, including trailers and ground tents.
2.5 Damages/loss excluded from the insurance coverage.
2.6 Damage/loss claim and fines administration fee.
2.7 Additional insurance for tyre and windscreen damage is available at N$150.00 per day.
2.8 Cross border permits.
2.9 Cleaning fees amounting to N$ 400.00.
2.11 Accident Claim Handling Fees
3. Minimum rental duration and costings:
3.1 Minimum rental period is 5 days in Namibia and 7 days outside of Namibia, in either case from Dunes C H&T’s Walvis Bay and/or Windhoek’s Depot collection point. Between 1 June to 31 October the minimum rental period will be no less than 10 days.
3.2 For purposes of calculating a day, each period of 24 hours from time of collection / delivery is regarded as a day.
3.3 No refunds are applicable for early returns.
4. Terms of Payment:
4.1 A 25% non-refundable deposit is required to confirm a rental and is payable with vehicle availability confirmation. Also See Cancellation Clause 6
4.2 Full payment of the remainder of the rental amount is due 30 days before collection/delivery of the vehicle.
4.3Invoice Payment will be accepted in cash, by credit card, electronic bank transfer (in which case proof of payment must be furnished prior to or at collection/delivery).
4.4 It is The Renter’s duty to acquaint him/herself with and pay on demand the rental rates as agreed, as well as any applicable additional charges including, inter alia, delivery, collection, one-way drop-off, baby seat/s, fuel, valet cleaning, repairs, replacements, airport surcharges, contract fee, additional driver charge, incident claim handling fee, traffic fine handling fee, collision damage waiver and/or theft loss waiver and/or personal accident insurance.
5. Bank account
Please contact us to confirm banking details.
6. Cancellations & No-shows
6.1 Any cancellation by the renter of a confirmed booking must be done in writing via E-mail whereupon cancellation charges will apply as follows:
6.1.1. in the event of a cancellation of a confirmed booking 61 (sixty-one) days or more prior to the date on which the Services are set to commence, the full 25% (twenty percent) bookings deposit will be forfeited;
6.1.2. in the event of a cancellation 60 (sixty) to 14 (fourteen) days prior to the date on which the Services are set to commence, 50% (fifty percent) of the total payment in respect of the booking will be due and payable; and
6.1.3. in the event of a cancellation 13 (thirteen) days or less prior to the date on which the Services are set to commence (including any “no shows”), 100% (one hundred percent) of the payment in respect of the booking will be forfeited.
7. Duty of Care
7.1. It is the renter’s responsibility to check the oil, brake fluid, water and tyre pressure every morning, before departing- mechanical breakdown due to negligence will be for the renter’s account. (while you drive always keep an eye on your warning lights and temperature gauge). Non- observance will leave the renter liable for resulting damage.
7.2 The renter is to return the vehicle with the same fuel level as at the time of collection / delivery but will not be refunded should the vehicle be returned with a higher fuel level than it was collected / delivered with.
7.3 Check tyres for cuts on side wall.
At the time of rental agreement signature the following must be provided:
8.1 Dunes Car Hire approved method of payment/or credit card.
8.2 Full names; residential, postal and physical addresses; and telephone number.
8.3 Local contact details.
8.4 A valid and unendorsed license and original passport or identity document must be produced by all drivers. Driver/s must have obtained their license at least two years prior to renting a vehicle with Dunes Car Hire.
8.5 The minimum age for authorised, licenced drivers is 18 years old. (N$650.00 is payable once off per driver younger than 25 years old).
8.6 Maximum of 3 drivers are allowed per vehicle.
8.7 Valid driving licenses are: An international driving license, a European Community driving license, any national driving license in English, any non-English driving license with a certified translation in English.
9. Collision / Accidents and Damages:
9.1 ALL collisions / accidents must be reported to the local police within 24 hours from occurrence.
9.2 Where collision damage renders a vehicle unusable, a replacement vehicle can be supplied by Dunes C H&T’s, if available and subject thereto that such supply is solely Dunes C H&T’s’ prerogative. All additional costs as a result of such supply are for the expense of the renter.
9.3 It is the renter’s responsibility to return all accident damaged vehicles to within the borders of Namibia.
9.4 No refund will be given for lost days due to collision damages.
9.5 Should the renter continue with a replacement vehicle then a new rental contract and insurance conditions will apply.
9.6 Delivery / collection of vehicles supplied as replacement vehicles are charged at the current delivery/collection fee, which is N$ 12.00 per kilometre travelled for such replacement.
9.7 Your vehicle is equipped with an Amber Connect tracking device. In case of any accidents the supplied cell phone, if any supplied to you, mobile’s APP’s “Dashboard > Incident Report” is to be used to record all accident details.
10. Extending Rental Period
10.1 To extend the rental period, please advise Dunes C H&T’s 48-hours (2 days) prior to the original contract’s expiry date, failing which the insurance cover will lapse wherefore breach of this clause will cause the rental to proceed at the sole risk and liability of the renter.
11. Termination of Rental
11.1 Allow at least 45 minutes to return the vehicle and settle final charges. At return of the vehicle upon termination of the rental ensure that the keys are handed to Dunes C H&T’s personnel only. Dunes C H&T’s will not be liable for any losses/damages incurred whatsoever by the renter due to flights missed. It’s the renter’s responsibility to allow ample time to return to the point of departure and allow for any possible delays along the way.
12. Cross Border Rental
12.1 No vehicle may be taken out of Namibia without prior authorization and a valid permit issued by the Namibian Police station – ones off N$500-00 service fee will be charges for Cross Border permits.
12.2 Travel is allowed only to neighbouring SADC (Botswana, Lesotho, Swaziland, Namibia, South Africa and Mozambique) countries, subject to 12.1 above.
12.3 Renter is responsible, solely at renter’s cost, to return damaged vehicle to Dunes C H&T’s Depot, Walvis Bay or Windhoek, Namibia.
12.4 The excess fee will automatically be doubled for cross border rentals and is agreed to by acceptance hereof.
12.5 A detailed travel itinerary must be produced to Dunes C H&T’.
12.6 Vehicle taken to non-SADC countries is not covered by Dunes C H&T’s insurance, the hirer will be fully responsible for any costs due to breakdowns or damages caused to vehicles and Dunes C H&T’s accepts no liability whatsoever.
12.7 Dunes Car Hire will not be held responsible if a Renter is refused entry into another country.
AREAS WITH NO OR LIMITED BACKUP OR WHERE NO TECHNICAL BACKUP CAN BE GUARANTEED WITHIN 24 HOURS
Namibia: Kaokoland and Bushmanland,
Dune Driving (Naukluft NP, Namib Desert, Lüderitz-Walvis Bay, Skeleton Coast): Strictly not allowed.
No backup at all will be provided. The renter is liable for all costs resulting from damages, tow-ins, breakdowns, transfers, and repairs.
Botswana National Parks and surrounding areas (e.g. Chobe NP, Moremi NP, Central Kalahari NP, Kalagadi NP, Nxai Pan NP, Makgadikgadi NP, Khutse GR, etc): Enter on complete own responsibility.
Back up can be provided through third parties only. The Renter is liable for all costs resulting from damages, tow-ins, breakdowns, transfers, and repairs (repair cost in case of a mechanical breakdown will be covered).
Off-road driving: on complete own responsibility. The Renter is liable for all costs resulting from damages, tow-ins,breakdowns, transfers, and repairs (repair cost in case of a mechanical breakdown will be covered).
13. Road restrictions:
13.1 The Dunes C H&T’s 4WD vehicles are allowed on numbered public roads only.
13.2 Off Road driving / Dune driving / Dry or Wet Riverbed driving are done at the client’s own risk, should ANY damage be caused to the vehicle due to off road driving, even in case of the vehicle mechanical failure the client will the fully responsible for ALL costs involved
13.3 Roads that are considered off road driving by Dunes C H&T’s, due to very bad conditions:
13.3.1 Any roads north of Purros, further towards Orupembe onto D3707
13.3.2 Any roads going west of Opuwo
13.4 Public Roads that is own risk with Dunes C H&T’s vehicles:
13.4.1 Off Road driving through Khaudum National Park, Sikereti towards Tsumkwe and surrounding areas
13.4.2 Off Road driving within Mudumu National Park
13.4.3 D2342 and D2303
13.5 Chobe/Savuti, Moremi & Kgalagadi National Parks and surrounding areas: Enter at own risk!!!
13.6 No backup can be provided by Dunes C H&T’s outside of the borders of Namibia although Dunes C H&T’s can assist to arrange backup from Maun, subject to 14.6 hereunder.
13.7 Driving on any beach, at own risk.
14. Breakdown & Roadside Assistance Also see Clause 9,6 and 12
14.1 All vehicles are backed up by a 48-hour breakdown and service assistance in Namibia only.
14.2 In case of a mechanical breakdown Dunes C H&T’s will assist you within 48 hours directly or through a local workshop, in Namibia only.
14.3 When a vehicle becomes factory immobilized, once again in Namibia only, due to a manufacturing fault, Dunes C H&T’s will recover and replace the vehicle at no cost for the renter.
14.4 The renter will however be responsible for any and all costs incurred where the vehicle has been damaged or broken down due to driver error.
14.5 Renter is liable for all costs resulting from damages, tow-ins, breakdowns, transfers and repairs resultant from breach of road restrictions.
14.6 Renter is liable for all costs resulting from damages, tow-ins, breakdowns, transfers and repairs occurring outside of the borders of Namibia.
15.1 Vehicles must be returned in the same condition as received, including all accessories and equipment.
15.2 Vehicles are rented subject to the terms and conditions of the rental agreement, laws of Namibia and Dunes C H&T’s insurance policies.
15.3 Dunes C H&T’s reserves the right to substitute vehicles with a similar vehicle.
15.4 Traffic fines are for your own account and will be charged to your credit card if you do not settle fines before leaving Namibia.
15.6 Camping equipment not covered by insurance – N$5,000-00 Full refundable excess on Camping Equipment.
15.7 All additional camping equipment like fridges, GPS, Sat phone etc., are tested before the renter leaves Dunes C H&T’s premises wherefore Dunes C H&T’s does not accept liability if the item stops working while on rental and no refunds will be given for such instances.
15.8 NO SMOKING IN THE VEHICLE – A FINE OF N$ 1000.00 PAYABLE IF DETECTED BY SMELL.
15.9 Dunes C H&T’s does not, for reliability and liability reasons, accept “Tracks for Africa Maps” – the renter has the option to additionally rent a Garmin GPS upon arrival.
15.10 The lessee is obligated to return the vehicle according to date, place and time detailed in the lease agreement or on request of Dunes Car Hire to return it earlier.
Returning the vehicle can only be done during normal office hours. These are advertised by Dunes Car Hire at their offices. Should the car be dirtier than usual the lessee will be liable for the cleaning costs. After the termination of the contract or after exceeding the lease duration Dunes Car Hire is entitled to repossess the vehicle or procure it at the expense of the lessee. The additional utilisation of the lease vehicle will be calculated according to the standard daily tariff
16. Insurance Conditions & Information
16.1 Excess & Security Deposit
16.1.1 The full excess amount regarding compulsory insurance, which also serves as damage deposit, per vehicle is payable as a deposit when the vehicle is collected / delivered. This deposit, or what remains of it, is refunded to the renter once the vehicle has been returned and after any charges for minor damages have been recovered.
16.1.2 The excess is payable only by credit card or in cash at collection / delivery of the vehicle.
16.1.3 Dunes C H&T’s reserves the right to cost the rental agreement and charge credit cards within 7 days of termination of the agreement should matters such as damages, traffic fines or any additional costs become apparent during this period directly following the rental period.
16.1.4 The full insurance excess can be reduced by purchasing the benefits of REW (Reduced Excess Waiver) or SEC (Super Excess Cover) with remaining excess, both which options are detailed hereunder.
220.127.116.11 REDUCED EXCESS WAIVER (REW)
Provided that the renter purchased the benefits of the REW and did not breach any provision of the RENTAL Agreement or Insurance Policy, the full excess is reduced to a reduced excess per car group rented.
18.104.22.168 SUPER EXCESS COVER (SEC)
Provided that the renter purchased the benefits of the SEC and did not breach any provision of the RENTAL Agreement or Insurance Policy, the full excess is reduced to N$ Nil per car group rented, in respect of any claim for repairing any accident damage to the vehicle or for loss, resulting from theft of the vehicle and/or damage of the original part(s) of equipment from the vehicle. Even if SEC has been purchased, the reduced Excess of the applicable car group will however be payable if the accident occurs on a gravel road or where no other vehicle or animal is involved. The SEC does not cover any accidents outside the borders of Namibia – in case of cross border accidents the full excess will still be payable by the renter irrelevant of having purchased SEC
16.1.5 Neither form of insurance taken out, be it compulsory, optional or possibly other, are refundable.
16.1.6 The vehicle is insured in terms of the provisions of the Motor Vehicle Accident’s Fund, Act 10 of 2007 as amended, for any loss or damage that a person suffered as a result of any bodily injury and/or death and subject to compliance with the provisions of the Act.
Regardless of whether any form of REW or SEC has been taken, The RENTER shall regardless of fault, be liable for any damage/s to or loss of the vehicle and recovery cost in the following circumstances:
6.2 If there has been any breach of the terms and conditions of this agreement all of which are material;
6.3 If such damage/s or loss is as a result of negligence in complying with any Dunes C H&T’s speed regulations,120km/h on Tar Roads and 100km/h on Gravel Roads as warned with the tracking Buzzer in the vehicle; Proof of Amber Connect tracking device will be used to determine highest speed travelled.
6.4 If the vehicle was driven on unsuitable roads, or if such damage/s or loss occurred while there was no collision with another vehicle, or animal, or person;
6.5 If the vehicle was NOT driven by The RENTER or another authorized driver nominated on the rental agreement;
6.6 If any damage/s or loss is as a result of any other form of negligence as determined by Dunes C H&T’s Claims Department and Company Directors in their sole discretion.
16.2 The following is not covered by the standard Dunes C H&T insurance
16.2.1 Personal Property.
16.2.2 Personal injury / death.
16.2.3 Tyre, Windscreen & Glass damage (optional insurance is however available on request and at renter’s cost, which optional insurance does however not include coverage of the wheel rim).
16.2.4 Sandstorm and water damage.
16.2.5 Under-carriage damage not caused by a collision.
16.2.6 Any accessories/equipment that comes with the vehicle, other than factory fitted / -supplied vehicle
Specific standard vehicle accessories/equipment.
16.3.1 Gross and / or criminal negligence.
16.3.2 Unauthorized drivers and drivers under the age of 25 years.
16.3.3 Failing to obtain authorization to extend the rental.
16.3.4 Not reporting an accident or loss to the Namibia Police within 24 hours from occurrence.
16.3.5 Not reporting an accident or loss to Dunes C H&T within 24 hours from occurrence.
16.3.6 Not adhering to traffic, road and driving rules and regulations.
16.3.7 Driving under the influence of alcohol or any illegal substance.
16.3.8 Unsuitable or reckless driving.
16.3.9 Road conditions not suitable for the type of vehicle used.
16.3.10 Unauthorized cross border rentals.
16.3.11 Not being able to produce keys in case of theft.
16.3.12 Not reporting exact details of last known location of vehicle prior to theft.
16.3.13 Driving through water be it fresh or salt water,
16.3.14 Driving through saltpans or along the beach,
16.3.15 Driving through dense bush i.e. bush scratching the paintwork of the vehicle,
16.3.16 Driving in the dunes,
16.3.17 Any malicious, negligent or deliberate behaviour of the renter / driver (e.g. standing on top of the
vehicles roof to take photos; not adhering to the local traffic rules; etc.)
16.3.18 Where an accident was caused by the driver, due to speeding, negligent or deliberate driving, vehicle driven on roads not marked or unsuitable for the type of vehicle or for instance driving into the back of another vehicle.
16.3.19 By negligence or speed exceeding 80km/h on gravel roads and 120km/h on tar roads. (all our vehicles have Amber Connect tracking devices)
16.3.20 Driving After Sunset outside of towns.
16.3.21 Areas disallowed and roads restricted by Dunes C H&T.
All notices and legal processes in terms hereof shall be given to the Renter at the address set out in the rental agreement (Renter’s chosen legal address). Any notice posted to Renter shall be deemed to be received 7 days after posting, unless the Renter proves the contrary, and to Dunes Car Hire at their registered legal address: Unit 1, Ellis Street, Windhoek Wes, Windhoek, Namibia.
The Renter consents to the geographic area of the Magistrate’s Court having authority over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the authority of such court. This consent shall not however, prejudice Dunes Car Hire in respect of their right to proceed in any court of competent authority.
The English version of this agreement will prevail in the event of a dispute.
This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by the Renter and Dunes Car Hire.
Dunes Car Hire may claim and recover from Renter on demand all costs and expenses incurred by Dunes Car Hire in consequence, directly or indirectly, of any breach by Renter of this agreement, including attorney-and-client costs, collection commission and any costs of tracing Renter or the vehicle.
A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity thereof.
This agreement shall be governed by the laws of the Republic of Namibia. The Renter consents to the jurisdiction of the Magistrate’s Court, Windhoek, or any other competent court that has jurisdiction within Namibia. In
the event that Dunes C H &T is required to institute legal proceeding in a country other than Namibia The Renter agrees that the highest costs scale recoverable in the jurisdiction of that country shall apply to those legal proceedings.
By the Renter’s signature hereto, the Renter accepts all the charges charged by Dunes Car Hire in terms of this agreement, including any charges relating to loss and damages to the rented vehicle.
By Renter’s signature hereto, Renter hereby authorizes Dunes Car Hire to conduct ITC checks or any other checks required by law on Renter, if necessary.
Please contact Dunes Car Hire immediately, in event of an accident or breakdown.During office hours: Mo-Fr: 7:30–17:00 under the telephone No.: +264 (0)61 309 828
After office hours and in weekends, on our emergency numbers: +264 (0)81 122 5298/ +264 (0)81 127 2113