Terms and Conditions of Rental

Please note that these are important conditions limiting your rights and should be read carefully!

1. DEFINITIONS AND INTERPRETATIONS
1.1. In this agreement unless the context indicates otherwise:
1.1.1. “Additional Driver” means such person who, in addition to the Driver, is duly authorised by Retro Rentals to drive the vehicle as reflected overleaf;
1.1.2. “Auto Dealers Guide” means the Mead & McGrouther’s publication containing, inter alia, recommended selling prices of motor vehicles;
1.1.3. “Claims Administration Fee” means an administration fee charged in all instances where a claim is processed in respect of damage, loss or theft of the vehicle;
1.1.4. “Damages” (in relation to the vehicle) means the actual expenditure in towing, transporting and storing the vehicle, repairing any damage (including tyre and rim damage), replacing parts and/or accessories (without allowing for depreciation), remunerating an expert to inspect any incident and report thereon, and reimbursing such expert (an invoice, job card or quotation produced by Retro Rentals to a prima facie proof of any such expenditure) or any other charges incurred related to an incident of whatsoever nature;
1.1.5. “Repairer OR Suppliers of our choice” We reserve the right to require any work to be carried out at a repairer of Our choice, or any replacement to be done by a supplier of Our choice.
1.1.6. “Day” means a period of 24 hours (Or any part thereof), calculated from time out as reflected overleaf;
1.1.7. “Driver” means such person who id duly authorised by Retro Rentals to drive the vehicle as reflected overleaf;
1.1.8. “Extend” means any extension of the Rental Period authorised by Retro Rentals
1.1.9. “First Amount Payable or Excess” means the first amount that the renter is responsible to pay in respect of any incident and/or damages and/or theft and/or loss that may result in a claim.
1.1.10. “Official Rates Brochure” means Retro Rentals’ current official brochure on the rental rates and other general information issued from time to time;
1.1.11. “Rental Period” means the period between the date and time out and the termination date and time as specified overleaf or if such period is extended, the time and date entered on Retro Rentals’ records of rental;

1.1.12. “Renter” means all of the persons, jointly or severally, whose names appear on the rental agreement hereof, including and Additional Driver and/or the Driver;
1.1.13. “Renting Location” means the Retro Rentals location from which the vehicle is rented by the renter, alternatively any location agreed upon by the parties;
1.1.14. “Vehicle” means the motor vehicle described on the face hereof including without limitations of all keys, tyres, tools, equipment, accessories and documents in and on the vehicle when the renter and/or Driver takes delivery of the vehicle at the renting location and includes any replacement vehicle which has been officially authorised by Retro Rentals, whether or not such replacement vehicle was authorised or approved by the renter;
1.1.15. “Traffic Fine Administration Fee” means an amount levied by Retro Rentals to administer any traffic fine(s) incurred by the renter and/or Driver and/or Additional Driver whilst renting the vehicle;
1.1.16. “Total Loss” (in relation to a vehicle) means –
(a) Damages where the estimated costs of repairs is such that the vehicle is in the sole and absolute discretion of Retro Rentals uneconomical to repair in relation to the value of the vehicle and condition of the vehicle for the time being; or
(b) When the vehicle is stolen and/or lost
The amount of the total loss will be the retail value as reflected in the Auto Dealers Guide or if not reflected therein, the new list price of the vehicle, as supplied by the manufacturer, as at the date of loss less any salvage; and
1.1.17. “Waiver” means a reduction of liability/responsibility of the renter in the event of an incident and/theft and/loss of the vehicle or a loss in relation to the vehicle.

1.2. The singular shall include the plural and visa versa, the masculine gender shall in include the feminine gender and visa versa and natural persons shall include legal and juristic persons and visa versa.

 

2. RENTAL OF THE VEHICLERetro Rentals rents to the Renter, who hires the vehicle subject to the terms and conditions applicable at the time of the rental.
The Renter will be bound by these terms and conditions, whether he was driving/responsible or not.

3. DELIVERY OF THE VEHICLE
3.1. Delivery and transfer of the risk in and to the vehicle shall occur at the time and place that the Renter or his duly authorised representative, or the Driver or the Additional Driver takes possession of the keys and/or vehicle at the Renting Location.

3.2. The vehicle shall be deemed to have been delivered to the Renter or his duly authorised representative or Driver or the Additional Driver in good order and repair without any damage to, inter alia, the paintwork, upholstery, tyres, rims and accessories unless such damage is recorded in writing and signed by Retro Rentals and the party referred to in the clause accepting delivery of the vehicle. The vehicle will be fully fuelled for the convenience of the customer.

4. USE OF VEHICLE
4.1. The vehicle may be utilized by the Renter, the Driver or the Additional Driver for the Rental Period or any extended period as agreed to by Retro Rentals.
4.2. The Renter agrees that any extension so noted on Retro Rentals’ records would correctly reflect such extended period as agreed to by Retro Rentals.
4.3. During the Rental Period, the vehicle may not be used, inter alia:- for the conveyance of passengers and/or goods for reward; to propel or tow any other vehicle, (including a caravan or trailer) unless authorised by Retro Rentals in writing; to transport goods in violation of any customs laws or in any other illegal manner, in any motor sports or similar high risk activity; beyond the borders of the Republic of South Africa, unless authorised by Retro Rentals in writing; or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the a foregoing;
4.4. The Renter shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the generality of the a foregoing, he shall keep the vehicle properly locked and secured and immobilised and the burglar alarm (if any) must be activated and any anti-theft device in the vehicle must be properly secured and in place when the vehicle is not in use.
4.5. Should damages and/or loss be sustained as a result of not removing the removable face (if any) of the radio, the Renter shall be liable for such damage and/or loss.
4.6. The Renter will ensure that the keys of the vehicle are under the Renter’s control at all times.
4.7. Retro Rentals will at all times remain owner of the vehicle.

5. RETURN OF THE VEHICLE
5.1. The Renter shall return the vehicle, at the Renter’s expense to an authorised representative of Retro Rentals at such time and location agreed to by Retro Rentals
5.2. The Renter acknowledges that failure to return the vehicle in terms hereof shall constitute illegal possession by him, and Retro Rentals may repossess he vehicle wherever same may be found and from whomsoever is in possession thereof.


Any costs incurred by Retro Rentals to retrieve the vehicle will be for the account of the Renter.
5.3. Should the vehicle not be returned as indicated in 5.1. above, any Waiver option and/or Persona; Accident Insurance cover in terms hereof will become null and void
5.4. Should the vehicle not be returned as indicated in 5.1. above, the vehicle may not be reported as stolen to the relevant authorities.
5.5. The vehicle shall be returned to Retro Rentals in the same condition as received, that being undamaged, with a full tank, in good order and in a roadworthy condition, fair wear and tear excepted. All Retro Rental cars are non smoker vehicles!
5.6. When the Renter returns the vehicle to any Renting Location, the Renter shall:
5.6.1. park the vehicle in Retro Rentals’ reserved parking; and
5.6.2. ensure that the vehicle is properly lock and secure; and
5.6.3. hands the keys to an authorised representative of Retro Rentals or leave the keys in the drop safe provided at the offices of Retro Rentals, where the offices are not open for business.
5.7. In the event that the vehicle is not returned in accordance with the clause 5.6. above, the sole risk of loss or damage to the vehicle will remain vested in the Renter until such time as Retro Rentals has recorded the return of the vehicle.
5.8. It is the responsibility of the Renter to ensure that the vehicle is full re-fuelled when returning the vehicle, failure to do so will result in Retro Rentals refueling and charging the Renter for the fuel.

6. TERMINATION/CANCELLATION/EXTENSION OF RENTAL
6.1. Notwithstanding anything to the contrary contained herein, Retro Rentals shall be entitled in its sole and absolute discretion to terminate this agreement at any time by notice (verbal or in writing) to the Renter, whereupon the Renter shall immediately the vehicle to Retro Rentals. In the event of such failure to return the vehicle to Retro Rentals, Retro Rentals shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Renter and the rights of Retro Rentals shall continue in full force and effect until the vehicle has been returned to Retro Rentals in terms of this agreement and Renter has complied with all his obligations. Any costs incurred by Retro Rentals to retrieve the vehicle will be for the account in the Renter.
6.2. The Renter shall give Retro Rentals 24 hour notice, prior to the termination of the agreement, of his intention to Extend the Rental Period. The Rental Period shall be extended on acceptance by Retro Rentals on the extended Rental Period proposed by the Renter.

7. THE RENTER/DRIVER
7.1. The vehicle may only be driven by the Renter (definition of renter refer 1.1.13)

7.2. The Renter warrants that at all times the vehicle will not be driven by any person authorised in the terms of this agreement to drive the vehicle whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or narcotic drugs or similar substances and that every person will comply with all applicable laws and will comply in all respects with the provisions of this agreement.
7.3. The Renter warrants that he will inform Retro Rentals of any physical impairment of a person who wishes to be authorised to drive the vehicle, if that physical impairment may prejudice Retro Rentals in any way if the vehicle has not been adapted to accommodate the physical impairment. Should the Renter fail to notify Retro Rentals of such physical impairment, the Renter will bear full liability and responsibility for damages in the event of an accident.
7.4. If the vehicle is driven by anyone other than the Renter, then, without derogating from any rights or remedies which Retro Rentals may have, the Renter shall remain liable for all his obligations in terms of this agreement and in particular, he shall be liable to Retro Rentals as if he had been driving the vehicle; and
7.5. The Renter warrants that he is entitled and has the capacity to enter into agreement, that all particulars given to Retro Rentals and/or recorded on the rental agreement are true and correct.

8. RENTAL RATES AND CHARGES
8.1. The Renter agrees to pay Retro Rentals the rental rates plus all other charges and fees opted for or utilized by the Renter as contemplated overleaf and up until the vehicle is returned to Retro Rentals, including, but not limited to miscellaneous charges, airport surcharges, tourism levy, Claims Administration Fee, Traffic Fine Administration Fee, one way fee, over border charges, delivery fee, collection fee, Collision Damage Waiver Fee (CDW/DW), Theft Loss Waiver Fee (TLW/LW), Personal Accident Insurance (PAI), Fuel, additional driver(s) fee.
8.2. Renal rates, charges and fees will be calculated for the whole of the rental period (including any extended period as agreed by Retro Rentals) at the rates and on the basis set out overleaf, and/or in the Official Rates Brochure, including all taxes levied on any amount payable by the Renter.
8.3. In determining the rental charges, the distance travelled by the vehicle shall be determined from the vehicles odometer, or if this is not possible for any reason, by Retro Rentals in its sole and absolute discretion, or any other fair and reasonable basis and the Renter shall be obliged to furnish all such information and assistance as Retro Rentals may be reasonably require for that purpose. If the odometer has been tampered with, then the kilometres traveled will be deemed to be 500 kilometres a day.

8.4. The Renter shall also be liable for all fines, penalties and like expenses including but not limiting to parking, traffic and other offences, arising out of or concerning the use of the vehicle during the Rental Period and the Renter accordingly indemnifies Retro Rentals against liability. The Renter shall also be liable for all attorney and client costs incurred by Retro Rentals in instructing its attorneys to recover such outstanding expenses not paid by the Renter.

9. PAYMENT
9.1. All payments are due on demand, but the latest on expiry of the Rental Period (unless otherwise agreed in writing by Retro Rentals). All charges payable by the Renter shall be payable by credit card or in cash of the Rental Period unless the Renter has a valid account with Retro Rentals and/or Retro Rentals requires all or any of the charges to be prepaid in advance.
9.2. In the event where a renter chooses to pay per credit card for a rental, a credit card handling fee will be charged and will be for the Renter’s account.
9.3. The Renter will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever
9.4. If Retro Rentals has agreed to accept payment from the Renter by credit card or charge card specified on the overleaf, the Renter’s signature of this agreement will constitute irrevocable authority for Retro Rentals to obtain authorisation and/or payment. The signature will also constitute irrevocable authority for the issuer of the card to debit himself with the total amount due to Retro Rentals including but not limited to any Damages and/or loss suffered by Retro Rentals.
9.5. In the event that the Renter returns the vehicle to Retro Rentals prior to the termination of the Rental Period as specified on the reverse hereof, the Renter will pay, at the discretion of Retro Rentals either the usual rates and charges applicable to the Rental Period and/or kilometres actually used, or the rates and charges for the full Rental Period and/or kilometres actually occurred.
9.6. In the event of an incident and/or if the vehicle is stolen and/or lost, the amount of the Damages and/or total loss as suffered by Retro Rentals is payable by the Renter immediately on demand by Retro Rentals or its duly authorised representative.
9.7. The Renter shall be obliged to accept the quotation for repairs as proof of quantum for the Damages caused to the vehicle. Damages in the excess of R5, 000.00 will be supported by an independent assessors report. The Renter by signing the rental agreement, accepts full responsibility for the damages incurred for which he is liable. The Renter agrees that if payment is to be made by credit card, his signature on the rental agreement shall constitute authority to debit his credit card for the total amount due including his fully liability for any damages incurred.

9.8. If any amount is not paid on due date, Retro Rentals may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable prescribed legal rate or prime as charged by Standard Bank Limited plus 3%, whichever is the higher, and in the sole discretion of Retro Rentals.
9.9. A certificate of any director, manager or accountant of Retro Rentals as to any amount owned by the Renter to Retro Rentals shall constitute prima facie proof of that amount.

10. RENTER’S RISKS AND LIABILITIES
10.1. The Renter shall assume the sole risk of the vehicle (fair wear and tear expected) from the time that the key and/or vehicle is handed to the Renter in terms of clause 3 until such time as the vehicle and key is returned in terms of clause 5.
10.2. The Renter is liable for all fines and/or penalties incurred during the Rental Period and herby authorize Retro Rentals to disclose any information required by a relevant authority to process any such fines and/or penalties which are incurred during the Rental Period.
10.3. The Renter will not be liable for hail damage to the vehicle where the “Super Cover” or “Total Cover” option has been elected by the Renter.
10.4. Should the vehicle be involved in an incident, damaged, stolen and/or lost in a situation where there was a breach of any of the terms and conditions as contained herein, the Renter will be liable for the total loss and/or damage suffered by Retro Rentals notwithstanding the fact that waivers were opted for.
10.5. The First Amount Payable or Excess and the claims admin fee is not covered by ANY of the waivers and will be for the Renter’s own account.
10.6. Super Damage and/or Theft (Loss) Waiver does not cover:
10.6.1. Any damage to window glass, tyres and rims;
10.6.2. Damage to the undercarriage of the vehicle;
10.6.3. Damage caused by water as a result of negligence of the Renter;
10.6.4. Damage and/or total loss sustained as result of the negligence of the Renter as in the opinion of the claims department of Retro Rentals;
10.6.5. Damage and/or total loss sustained whilst the Renter is in breach of any applicable traffic laws or ordinance;
10.6.6. Damage and/or total loss sustained where incidents are not reported as contemplated in clause 13;
10.6.7. The expenditure in towing, transporting and storing the vehicle as well as remunerating an expert to inspect collision damage and reporting thereon and reimbursing such expert;
10.6.8. Any additional fee, such as but not limit to claims administration fees, contract fees;

10.6.9. Damage and/or total loss sustained where an incident takes place outside the country in which the vehicle was rented unless prior written authority for the vehicle to be taken outside such country has been obtained by the Renter from Retro Rentals;
10.6.10. Damage and/or total loss sustained if at any time the vehicle is driven by an unauthorised driver;
10.6.11. Damage and/or total loss sustained when in the opinion of Retro Rentals the vehicle has been driven or used in a manner which prejudices Retro Rentals’ interest or rights therein and/or as prohibited in clause 4;
10.6.12. Damage and/or total loss sustained where the Driver or Additional Drive was not holding a valid unendorsed drivers licence at the time the damage and/or loss was sustained;
10.6.13. Damage and/or loss sustained where an extension of the rental agreement was not authorised by Retro Rentals and where the Rental Period had expired;
10.6.14. Damage caused as a result of the vehicle being driven on an untarred road or a road that was not suitable for that vehicle.
10.6.15. Any claim arising out of any contractual liability;
10.6.16. Any loss or damage where there is misrepresentation, non-disclosure or mis-description of any fact or circumstances in connection with a claim in terms of this rental agreement.
10.7. Total Damage and/or Theft (Loss) Waiver does not cover:- Applicable only when indicated in the Rental Agreement but Limited to specified Rates
10.7.1. Damage and/or total loss sustained as result of the negligence of the Renter as in the opinion of Retro Rentals;
10.7.2. Damage and/or total loss sustained whilst the Renter is in breach of any applicable traffic laws and ordinances;
10.7.3. Damage and/or total loss sustained where incidents are not reported as contemplated in clause 13;
10.7.4. The expenditure in towing, transporting and storing the vehicle as well as remunerating an expert to inspect collision damage and reporting thereon and reimbursing such expert;
10.7.5. Any additional fee, such as but not limit to claims administration fees, contract fees;
10.7.6. Damage and/or total loss sustained where an incident takes place outside the country in which the vehicle was rented unless prior written authority for the vehicle to be taken outside such country has been obtained by the Renter from Retro Rentals;
10.7.7. Damage and/or total loss sustained if at any time the vehicle is driven by an unauthorised driver;
10.7.8. Damage and/or total loss sustained when in the opinion of Retro Rentals the vehicle has been driven or used in a manner which prejudices Retro Rentals’ interest or rights therein and/or as prohibited in clause 4;

10.7.9. Damage and/or total loss sustained where the Driver or Additional Drive was not holding a valid unendorsed drivers licence at the time the damage and/or loss was sustained;
10.7.10. Damage and/or loss sustained where an extension of the rental agreement was not authorised by Retro Rentals and where the Rental Period had expired;
10.7.11. Any claim arising out of any contractual liability;
10.7.12. Any loss or damage where there is misrepresentation, non-disclosure or mis-description of any fact or circumstances in connection with a claim in terms of this rental agreement.

11. WAIVER (REDUCTION) OF LIABILITIES
11.1. The acceptance of “Super Cover” or “Total Cover” Waivers will reduce the Renter’s liability to the extent of the excess reflected overleaf and/or in the Official Rates Brochure in force at the time of rental, the latter which is deemed to be incorporated herein.
11.2. If any of the (Collision) Damage Waiver options are accepted by the Renter, the Renter will have no liability in respect of the third party claims for property damage, limited to a sum not exceeding R1 million. If the Renter declines the Damage Waivers (both SDW & TW), the Renter will have 3rd Party Cover with a limitation in respect of the third party claim for property damage, with the first R30 000 (thirty thousand) of such Third Party claim being for the Renter’s account
11.3. Notwithstanding anything in this agreement, Retro Rentals shall not be obliged to make, institute or proceed with any claim which Retro Rentals may otherwise have had against a third party for the recovery of any loss and/or damage to or in connection with the vehicle and, accordingly, Retro Rentals shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.

 

12. PERSONAL ACCIDENT INSURANCE (PAI)

If the Renter accepts the purchase of personal accident insurance as indicated on the agreement, his acceptance shall constitute an acceptance by him of the benefit of the personal accident insurance policy and other accompanying arrangements, if any, procured by Retro Rentals for his benefit but subject to all the terms and conditions of that policy and the other accompanying arrangements, if any, and the Renter acknowledges that Retro Rentals itself shall not under any circumstances have any liability to him under or for any of the benefits under that policy or the accompanying arrangements, if any. Details of the policy and a separate explanatory brochure (and details of the other accompanying arrangements, if any) are available for inspection by the Renter at Retro Rentals’ Head Office and the Renter shall in any event be deemed to be aware of and accept all the terms and conditions of the policy and the other arrangements, if any.

13. PROCEDURE IN THE EVENT OF AN INCIDENT INVOLVING THE VEHICLE
13.1. If at ant time the vehicle is involved in an incident, damaged, stolen and/or lost, the Renter shall take every reasonable precaution to safeguard the interest of Retro Rentals including but without being limited to, the following where appropriate, as failure to adhere to the latter will result in the Renter being liable for the full damage and/or loss:
13.1.1. The Renter shall notify Retro Rentals immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence complete and furnish to Retro Rentals, Retro Rentals’ standard claim form together with a copy of his driver’s licence;
13.1.2. The Renter shall obtain the name(s) and addresses of everyone involved and of witnesses;
13.1.3. The Renter shall not admit or claim responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability;
13.1.4. The Renter shall report all incidents and/or theft and/or damage regardless of the value of the nature to the police within 24 hours after its occurrence and the Renter shall furnish to Retro Rentals a reference, case or docket number;
13.1.5. The Renter shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances and will retain possession of the keys at all times;
13.1.6. The Renter co-operate with Retro Rentals and its insurer in any investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to any accident, theft or damage (including, inter alia, deposing to an affidavit or giving evidence in court if he is requested to do so).
13.2. If the Renter is not the Driver or Additional Driver, then, without in any way derogating from the Renter’s obligations in terms of this clause 13, the Renter shall procure that the Driver or Additional Driver complies with the provisions of 13.1. and the Renter warrants that the Driver or Additional Driver shall do so.
13.3. The Renter shall within 24 hours of receipt thereof furnish to Retro Rentals (and if the Renter is not the Driver or Additional Driver, the Renter shall also procure that the Driver or Additional Driver does) any notice of claim, demand, summons or the like which the Renter or the Driver may receive in connection with the vehicle.
13.4. The Renter warrants that the information completed in Retro Rentals’ claim form as referred to in 13.1.1. will be complete, true and correct in every respect.

14. INDEMNITY OF Retro Rentals BY RENTER
14.1. Neither Retro Rentals nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including, without limitation, any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, consequential or otherwise arising from the rental by the Renter of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of Retro Rentals to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict, including negligence or otherwise which may be suffered by the Renter and/or any third party and/or passenger.
14.2. Retro Rentals, its directors, officers, employees, servants or agents are accordingly indemnifies by the Renter or his estate against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against them arising from or connected or pursuant to the renting of the vehicle contemplated in these terms and conditions.

15. GENERAL
15.1. This document contains the entire agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by Retro Rentals, other than Retro Rentals agreeing to extend the agreed return date for the vehicle.
15.2. If any provisions of this agreement is found by a court of law to be invalid or void such provision will be severed from the agreement, without affecting the remainder of the provisions hereof.
15.3. No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this agreement, and no single or partial exercise of any right of any party under this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a notation of or otherwise affect any Party’s rights in terms of or arising from this Agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
15.4. The Renter authorises Retro Rentals to insert any particulars in the agreement which are not known or are unavailable at the time of signature hereof in order to rectify any bona fide errors in any fact, figure or calculation.

15.5. This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.
15.6. The Renter further consents to the jurisdiction of the Magistrates Court, should Retro Rentals, at its election, bring legal proceedings in a Magistrates Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrates Court. The Renter agrees, however, that Retro Rentals in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
15.7. The Renter shall not be entitled to cede any of his rights or obligations under the agreement or to rent or part with possession of the vehicle, its tyres, tools or equipment or any part of it.
15.8. If Retro Rentals institutes any legal proceedings against the Renter to enforce any of its rights under this agreement it shall be entitled to recover from the Renter all the legal costs it incurs to its own attorneys in accordance with their then usual charges and assessed as between attorney and own client including but not limiting to collection commission and tracing agent charges.
15.9. The Renter chooses the address specified overleaf as his domicilium citandi et executandi that being address for service of all legal process.
15.10. Retro Rentals shall be entitled to carry out a credit check on a Renter with one or more credit agencies who may retain a record thereof and Retro Rentals shall be entitled to record any default by the Renter with any credit agency. Such records may be made available by the credit agency to third parties, in which case Retro Rentals shall not be held liable/responsible for any repercussions such disclosure may have on the Renter. Retro Rentals may monitor the applicant renter’s payment behaviour by researching their profile at one or more agencies. Retro Rentals may use new information and data obtained from credit agencies in respect of the applicant renter’s future credit applications. Retro Rentals may record the existence of the applicant renter’s account with the credit agencies. Retro Rentals may record and transmit details of how the applicant renter has performed and how the account is conducted by the applicant renter in meeting their obligations on the account.
15.11. The Renter acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter alia, record speed and other information relating to the vehicle rented. Retro Rentals shall be entitled to use such information (including in court proceedings) as it deems fit. If the Driver and/or Additional Driver (if applicable) is not the same as the Renter, then the Driver and/or Additional Driver shall binds himself/themselves as surety and co-principal debtor in solidum with the Renter in favour of Retro Rentals for the due fulfillment of all of the obligations of the Renter to Retro Rentals in terms of this agreement.