terms of use
Exotic Motors Rentals – Terms and Conditions
Last Updated: [Date]
1. Definitions
- “Agreement”
- This entire Rental Agreement, including all annexes, terms, and conditions.
- “Company”, “We”, “Us”, “Our”
- Exotic Motors Rentals, its agents, and employees.
- “Renter”, “You”, “Your”
- The person or entity identified as the renter on the Rental Agreement, who is the primary driver.
- “Vehicle”
- The exotic, luxury, or high-performance automobile described in the Rental Agreement and any replacement vehicle.
- “Authorized Driver”
- Any additional driver explicitly listed and approved on the Rental Agreement, subject to the same conditions as the Renter.
- “Rental Period”
- The duration between the designated “Rent From” date/time and the “Rent To” date/time as specified in the Agreement.
2. Rental Requirements
To rent the Vehicle, you must meet ALL of the following conditions:
- Be at least 25 years of age.
- Possess a valid, unexpired driver’s license issued by your state or country of residence, held for a minimum of three (3) years.
- Provide a clean driving record (verified by the Company) with no major violations (DUI/DWI, reckless driving, hit-and-run, etc.) in the past five (5) years.
- Provide a major credit card (Visa, MasterCard, American Express) in your name for the security deposit and payment.
- Provide proof of current insurance that meets state minimums. The Company will verify coverage.
3. Prohibited Use
The Vehicle shall NOT be used by any person or for any purpose under the following conditions:
- By anyone not listed as an Authorized Driver on the Rental Agreement.
- For any illegal purpose or to transport illegal substances.
- While under the influence of alcohol, narcotics, intoxicants, or drugs.
- For racing, pace-making, speed testing, or contest; or on any closed track or off-road.
- To push or tow any vehicle, trailer, or other object.
- For ride-sharing or transportation network services (e.g., Uber, Lyft).
- To transport more passengers than the Vehicle has seatbelts.
- Outside the designated geographical area (e.g., confined to the [State] border without prior written permission).
- To cause damage to the Vehicle intentionally or through willful, reckless, or negligent conduct.
- With any animals in the Vehicle without prior written approval.
- For smoking of any kind. A R 10,000 detailing fee will be charged for violation.
4. Security Deposit
A pre-authorization (hold) will be placed on your credit card at the time of rental. This amount is R 40,000 – R 100,000 (varies by vehicle) and is subject to your bank’s policies for release after the Vehicle is returned undamaged with a full tank of fuel. The Company reserves the right to increase the deposit amount for certain high-value vehicles or based on risk assessment.
5. Fuel Policy
The Vehicle is rented with a full tank of premium-grade fuel (95 octane or higher). It must be returned with a full tank of the same premium-grade fuel. If not, you will be charged a refueling fee at a rate of R 25 per liter, plus a R 1,000 service fee.
6. Mileage Policy
The rental includes 200 (two hundred) free kilometers per 24-hour rental period. Additional kilometers will be charged at R 25 per kilometer. Mileage is tracked by the Vehicle’s odometer and/or GPS system.
7. Insurance and Liability
- Minimum Coverage: You must carry your own primary liability insurance that meets state minimum requirements. You agree that your insurance is primary for any incident.
- Collision Damage Waiver (CDW): For an additional daily fee, CDW limits your financial responsibility for damage to the Vehicle, subject to a non-waivable deductible. CDW is voided if the Vehicle is used in violation of this Agreement (Section 3).
- No Insurance Provided: The Company does not provide liability insurance for you or any other driver.
- Financial Responsibility: You are solely and financially responsible for all damage, loss, theft, or liability to the Vehicle, third parties, and property, regardless of fault, if the incident occurs during a prohibited use or if you decline CDW.
8. Accidents and Breakdowns
In the event of an accident, theft, or breakdown, you MUST:
- Contact local police immediately to file an official report.
- Contact the Company immediately at our 24/7 emergency line: [Phone Number].
- Do not leave the Vehicle unattended or admit fault.
- Follow all instructions given by the Company.
Failure to obtain a police report may result in you being held fully responsible for all damages.
9. Vehicle Return
- The Vehicle must be returned on the date and at the time specified in the Agreement.
- A grace period of 59 minutes is granted. After that, late fees apply.
- Late Fee: 150% of the hourly rate for the first 4 hours, followed by a full day’s rate for every 24-hour period thereafter.
- The Vehicle must be returned to the agreed-upon location during business hours unless prior arrangements are made.
10. Cleaning and Damage Fees
- You will be charged for any damage to the Vehicle, including mechanical damage from misuse, interior stains, burns, scratches, dents, and curb damage to wheels and tires.
- The Vehicle will be inspected upon return. A detailed condition report with photos is completed at check-out and will be compared to the Vehicle at check-in.
- A minimum administrative fee of R 10,000 will be charged for all damage claims to process the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its owners, and agents from all losses, liabilities, damages, injuries, claims, demands, and expenses (including legal fees) arising from this rental.
12. Termination & Repossession
The Company may terminate this Agreement and repossess the Vehicle without notice to you if:
- The Vehicle is used in violation of this Agreement or law.
- You have made a misrepresentation to the Company.
- The Vehicle is abandoned.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
14. Entire Agreement
This document constitutes the entire Agreement. No term may be amended or waived except in writing by an authorized agent of the Company.
Disclaimer: This document is provided as a template and should be reviewed by a qualified legal professional to ensure compliance with South African laws and regulations.