In this agreement, unless the context otherwise, the following expressions shall bear the following meanings.
“The Company”: means My Car Rental Ltd (Company registration number: C14122647 )
“The Renter”: means the Renter and/or operator of this vehicle.
“The Rental Period”: means the period between the commencement date of the hire of the vehicle and the end date, which dates are stipulated on the face of this agreement.
“The commencement date”: being the date on which the Renter signs the agreement with Company.
“The end date”: meaning the date on which the Company takes delivery of the vehicle from the Renter.
“The extension of rental period”: which means an extension to the rental period as described above, which will come into effect should the vehicle not be returned to the Company for any reason whatsoever, on the end date.
“The Vehicle”: is as described in this agreement as being hired with all its keys, tyres, accessories, spares, documents, equipment and tools, in and on the vehicle when the Renter takes delivery of the vehicle at the renting location and includes any replacement for the vehicle which has been officially authorised by the Company for any reason whatsoever.
“He or His”: means whenever used in reference to the Renter. “he or his shall” , in the event of the Renter being a firm, partnership, corporation, company trust, voluntary association or club, be deemed to refer to such firm, partnership, corporation, company, trust, voluntary association or club.
“Waiver”: means a reduction of liability in the event of accident and or theft and or loss of vehicle.
“Damages”: means any and all damages suffered by the Company, including the actual expenditure incurred in towing, transporting and/or storing the vehicle, repairing any damage (including tyre and rim damage), replacing of parts and/or accessories (without allowing for depreciation), payments made to an expert to inspect collision damage and report thereon, or any other damages, costs or expenses incurred by the Company of whatsoever nature and includes total loss where applicable.
“Additional Driver”: means any person who has been identified on the first page of rental agreement, an additional driver and who has accepted responsibility as an Additional Driver in terms of the rental agreement by signature thereof.
“ Young Driver :” means any person who has been identified on the first page of the rental agreement as a young driver and who has accepted responsibility as a young driver in terms of the rental agreement by signature thereof. A young driver is a Renter who is under the minimum age of 21 (twenty one) years and is in possession of a valid driver’s license for a period of 1 (one) year. A once-off young driver surcharge is payable.
“Auto-glass”: all vehicle glass inclusive of mirrors and lights.
“Holding Deposit”: means a deposit held by the company on inception of the rental for all additional costs incurred whilst hiring the vehicle. The Holding deposit is subject to vehicle in a specific group and/or class.
“Vehicle Protection Plan”: Mandatory fee which covers the vehicle tracking system as well as cost of recovering the vehicle in the event of hijacking or theft.
“Damage Liability Amount”:means the amount the Renter is liable to pay for damage/ loss based on the type of Waiver selected and subject to terms and conditions of this agreement.
1.1 The Company rents to the Renter the vehicle with all accessories, equipment check list may specify only some of the accessories, equipment, spares and tools. The Renter must ensure that the equipment checklist is completed prior to taking delivery of the vehicle.
1.2 The vehicle is hired to the Renter for the rental period as stated on the face of the agreement together with any extended period which may apply, and subject to the terms and conditions contained herein. In the event that the Renter wish to extend the rental period, the Renter must request such extension at least 24(Twenty Four Hours) before expiry of the current rental period.
1.3 The Company reserves the right in its sole discretion to terminate this agreement at any time should the Renter be in breach of the terms and conditions of this Agreement during the rental period. Upon termination of the agreement, the Company will take possession of the vehicle and shall not be obliged to provide the Renter with a similar or alternative vehicle under this or any further agreement. The Renter indemnifies the Company and holds the company harmless from all claims, liability. costs and attorney fees that the Company will incur resulting form or arising out of this rental and the usage of the vehicle
1.4 The Renter may not terminate this agreement prior to the end date of the rental period without the prior written consent of the Company, which consent shall be requested within a reasonable time from the Company. Should the Company approve the reduction in the rental period, the Company is not obliged to grant the Renter a reduction on, remission or refund of, any changes for early termination.
2.1 The Renter undertakes to pay the Company all charges incurred in respect of rental, plus any and all additional charges and miscellaneous services, which arise from this agreement.
2.2 The rental fees payable includes the following:-
2.3 The Renter will be liable to pay any traffic fine and an administration fee as indicated on the face of the agreement, for traffic fines issued against the vehicle while it was in the possession of the Renter.
2.4 The Renter will be liable to pay an accident/ damage administration fee, as indicated on the face of this agreement in respect of either an accident and or alternatively damages to the Company’s vehicle or Third Party vehicle and or property during the rental period.
2.5 Vehicle keys and locks which are lost/ damaged must be reported to the Company as soon as possible. The new key and lock set will be purchased from the Manufacturer by the Company and cost of replacement and cost of fitting will be for the Renter’s account. If the key is locked inside the vehicle, the costs of a reputable locksmith to retrieve the key will be for the Renter’s account.
2.6 The Renter will also be responsible for the following costs incurred:
3.1 All makes and models requested by the Renter are subject to the availability of vehicles within the fleet of the Company.
3.2 The Company reserves the right to provide a similar or alternative make and/or model of vehicle to the Renter without prior notice. A similar or alternative vehicle will be provided at the same rate or less than the original rate, subject to the make and/or model of vehicle.
4.1 The Renter is responsible for the care of the vehicle while in his possession and must ensure that sufficient engine coolant, oil and fuel are maintained and that the tyre pressure and wheel alignment remain in the same state as on the date of delivery and or collection of the vehicle to the Renter. The Renter must ensure correct fuel type for the vehicle is used when refuelling during the hire period.
4.2 The Renter must ensure that the vehicle is secured and protected at all times and is kept in a secure place when the vehicle is not in use. The Renter must ensure that the alarm and any security devices are activated at all times, and that all doors and windows are locked and/or secured. The Renter shall not cause or allow the vehicle to be neglected, abused, damaged or modified in any way.
4.3 The Renter must ensure that all vehicles are driven on a public road at all times. The Company reserves its right in its sole discretion to restrict the use of the vehicle in certain areas where there is concern due to adverse road conditions, weather conditions and/or political unrest or any other condition.
4.4 The Renter must not cause or permit the vehicle to be driven unlawfully or illegally or to be used for any unlawful purpose or a purpose for which it was not designed, or in such a way to increase the risk of being damaged, lost or to be overloaded. The Renter must obey the rules of the road and local traffic regulations with specific reference to driving on the correct side of the road, adhering to traffic signals, lane changing and local speed limits.
4.5 The Renter is not permitted to use the vehicle outside of the borders of the designated territory of Mauritius unless the Company has consented thereto in writing.
4.6 The Renter is not allowed to hire or lend the vehicle to anyone, or permit the vehicle to be in the possession or control of anyone other than the Renter or the operator as stated on the face of this agreement. In the event the Renter has hired the vehicle for a period in excess of 20 (twenty) plus days, as referred to in the My Car Rental brochure, the Renter shall return the vehicle to the Company at the Company’s premises, as stipulated on the face of this agreement, at the termination of this contract, alternatively at any time sooner at the request of the Company.
4.7 The Renter will not drive the motor vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance nor will he permit any operator to drive the vehicle under the influence of alcohol, drugs or medication or any other intoxicating substance.
4.8 The Renters speed is regulated at a maximum of 60km per hour on a gravel and or dirt road, irrespective of road signs. The Renter will not exceed the speed limit of 110 km per hour on all national roads or as indicated by road signs.
4.9 The Renter must, in the event of the vehicle being involved in an accident or being stolen, report such incident to the local Police within 24 (Twenty Four) hours and the Company immediately or within 3 hours of becoming aware of the occurrence, irrespective of Third Party involvement. The Renter must provide the Company with the relevant Police case number and complete all prescribed documentation, including the Company Claim Form fully and truthfully. The Renter shall assist and co-operate with the Company in investigating and finalising such incident or any dispute that may arise from this.
5.1 The Renter, by signing this agreement, confirms that he and “any authorised driver” has an unendorsed and valid driver license which remains valid for the full period of the rental undertaken.
6.1 The vehicle is hired to the Renter by the Company at the sole risk of the Renter, from the date and time of delivery and or collection of the vehicle until such time as the vehicle is returned to the Company’s premises. In the absence of any written notification from the Renter to the Company to the contrary, the vehicle is deemed to be delivered to the Renter by the Company without any damage and in good order and repair.
6.2 The Company will not be held liable for any damages sustained or further liability which the Renter incurs as a result of hiring the vehicle, from any cause arising whatsoever, whether negligently or otherwise. The Company is not responsible for any defect of any nature whatsoever in the vehicle at the time of hire, alternatively, any defect that may arise during the rental period.
6.3 The Renter indemnifies the Company against any claim by any person for any damage of any nature whatsoever arising, as a result of any incident involving the vehicle, whether as a result of the Company’s negligence or otherwise. The Company shall not be liable for any damage arising out of any defect in, or mechanical failure of the vehicle, nor for any indirect damages, consequential loss, loss of profit or any other damages which the Renter or operator, or any other third party transported in the vehicle may suffer, arising out of this agreement.
6.4 The Renter confirms no representation or warranty has been made by the Company with regard to defects in delivery time, condition quality, and state of repair, performance capability, fitness or suitability for any purposes, of the vehicle.
6.5 The Renter’s sole risk of loss or damage to the vehicle shall remain vested in him, until such time as the vehicle and all accessories, equipment, spares and tools of the vehicle are returned to the Company undamaged, in good order and roadworthy condition, fair wear and tear excepted.
6.6 The Renter indemnifies the Company, agents and employees from all claims for loss or damage to Renters personal property or that of any other person that the Company received, handled or stored, or that was left or carried in or on the vehicle or in any service vehicle or in Company locations, whether or not the loss or damage was caused whether negligently or otherwise by the Company.
7.1 The Renter is obliged to accept cover from the Company in respect of a Waiver Protection package, and can elect between STANDARD WAIVER or SUPER WAIVER as contained in the My Car Rental terms and conditions. All vehicles hired from the Company are hired subject to acceptance of a minimum of the compulsory Standard Waiver option.
7.2 The Damage Liability Amount applicable to the STANDARD or SUPER WAIVER respectively, is contained on the front page of this Rental Agreement for the rental period and is subject to the Terms and Conditions of this agreement.
7.3 The Renter shall be liable for any and all loss/damage of, or to the vehicle sustained by the Company, arising from any cause whatsoever, subject to the Damage Liability Amount payable, as described in the front page of this Rental Agreement, where applicable.
7.4 In the event of the vehicle being stolen or considered beyond economical repair, the replacement value will be the retail value as contained in the Auto Dealers Guide as at the time of such loss. In the event of such vehicle being less than (1) one year old, the cost thereof shall be the retail value of a new vehicle. All accessories, spares, equipment and tools will be replaced as new.
7.5 Any breach of the terms and conditions contained in the rental agreement may result in the Company withholding a replacement vehicle from the Renter; this election is at the discretion of the Company.
7.6 The Company , in its sole and absolute discretion, reserves the right to entertain a third party claim, Any breach of the terms and conditions contained in the rental agreement, by the Renter, will result in the Renter being deemed fully liable for all third party claims occurring as a result thereof.
7.7 STANDARD WAIVER
7.8 SUPER WAIVER
7.9 THIRD PARTY LIABILITY
8.1 If at any time the vehicle is damaged stolen or lost, the Renter and/or driver shall take every reasonable precaution to safeguard the interest of the company including but without being limited to, the following where appropriate:
8.2 The Renter shall within 24(Twenty Four) hours of receipt thereof furnish to the Company, (and if the Renter is not the driver, the Renter shall ensure that the driver does) any notice of claim, demand, summons or the like which the Renter or the driver may receive in connection with the vehicle.
8.3 The Renter and/or driver warrants that the information completed in the Company’s claim forms referred to in 8.1.1 will be complete, true and correct in every respect.
9.1 This document contains the entire agreement between the parties, and the Company shall not be bound by any undertakings, representations, warranties, promises, or the like not recorded herein. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.
9.2 No variation, alteration, or addition to, or omission from this agreement is valid/binding, unless done in writing and signed by all parties.
9.3 The Renter chooses the address stated on the face of the agreement as registered/legal address. The Company’s registered address is MS-13 Mall Mezzanine Trianon Shopping Park,Quatre Bornes
9.4 This agreement will be governed by and interpreted in accordance with the laws of Mauritius.
9.5 A certificate signed by any director, manager or other senior employee of the Company shall be legal proof of any amount owing by the Renter to the Company.
9.6 The Renter may not withhold the return of the vehicle to the Company for any reason whatsoever, and any delay in returning the vehicle shall be deemed to be an extension of the rental period, and the Renter will be liable for any and all charges levied in respect of such extension.
9.7 In the event that the Company incurs expenses in recovering any monies due to it from the Renter or any other person arising from this agreement, the Renter will be liable for any costs and expenses incurred in doing so, on the attorney and own client scale, including but not limited to collection commission and tracing fees.
9.8 If the Renter is not the driver, then and in that event, without in any way derogating from the Renter’s obligations in terms of this Agreement, the Renter and driver may be liable to the Company, jointly and/or independently for all and any amounts owing under or in terms of this agreement, including but not limited to damages.
9.9 By virtue of my signature on this Agreement, I accept liability for all amounts that may become due and owing by to the Company arising from this Agreement.
9.10 The Renter hereby consents and authorises the Company or its nominated representative to undertake any enquiry the Company deems fit about the Renters credit and or criminal record with any credit bureau, credit agency and/ or other third party to confirm details of the Renter as and when the need arises.
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