These Terms & Conditions summarise the rental agreement between you (“the renter”/“driver”) and MadRent, a division of Westland Motors (Pty) Ltd (FSP 20408). Your individually signed rental agreement, together with its schedules and addenda, remains the binding legal document. Where this summary and your signed agreement differ, the signed agreement applies.

1. Use of the vehicle

The rental grants you the right of use and possession of the vehicle in accordance with the terms set out herein, and no other rights of ownership.

2. Your warranties

You warrant that: all information you give us is true and correct; the driver holds a valid driver’s licence for the vehicle, has no criminal conviction that resulted in endorsement or cancellation of that licence, and will not drive under the influence of alcohol or any other stimulant; neither you nor the driver is physically prevented from operating the vehicle safely; only the driver (and any additional driver recorded in the agreement) will drive the vehicle; the vehicle will be locked and its alarm/tracking activated when not in use and the keys kept in safe custody; the vehicle will not be used to convey persons or property for hire, in any race, speed test or contest, or on unsuitable roads; the vehicle will not be used in breach of any law or of this agreement; and the vehicle is used for leisure travel, not for reward, freight or cross-border road transport. The vehicle may be subject to physical inspection on request.

3. Payments

You agree to pay us on demand: the rental rates set out in your agreement or our official rates; all delivery and collection charges; all traffic-fine admin fees, e-toll surcharges and admin fees, taxes, levies, legal costs and tolls arising from your use of the vehicle; all towing, loss, damage and recovery costs incurred in returning the vehicle; and, where the vehicle is not returned on the return date, all amounts that would have been payable had the rental been extended to the actual return date. Your consent to use the vehicle is conditional on paying all amounts per the payment schedule — if you fall into arrears, that consent may be revoked at any time.

4. Insurance, damage & accidents

You are responsible for the cost of repairing any damage to the vehicle (including windscreen, tyres and keys, fair wear and tear excepted) except as covered by the applicable liability waiver. The liability waiver falls away, and damage is for your full account, where the vehicle is used in breach of this agreement. Any additional or loan vehicle is subject to all terms of this contract. MadRent reserves the right to terminate the agreement if there is more than one insurance claim per contract period. Insurance details may be set out in an addendum, which you accept by signing the agreement.

5. Tracking device & cross-border use

Tampering with or removing the tracking device fitted to the vehicle constitutes theft of the vehicle, and we will lay the appropriate criminal charges. Taking the vehicle across any border without our prior written consent likewise constitutes theft. The vehicle may not be taken into any area or road where it is at risk of damage, theft or loss through civil disturbance, riot or political unrest, and you will be liable for all resulting damage.

6. Service & maintenance

You must keep the vehicle serviced, repaired and maintained in good working order, and present it for service annually or per the manufacturer’s specification (whichever is first) at a centre designated by MadRent. Repairs or maintenance outside normal servicing must be done at a MadRent-designated centre. MadRent is responsible for the cost of normal manufacturer-recommended servicing (excluding oil top-ups between services) and necessary repair/replacement of mechanical and electrical equipment, including batteries and tyres — except where required because of an accident, or improper, negligent or non-compliant use. Failure to service at the manufacturer’s designated times is a breach of this agreement.

7. Breach & termination

We may terminate this agreement if you or the driver breach it, and we are then entitled to immediate return of the vehicle. Any amount owing becomes immediately due and payable. Both parties’ rights and obligations continue in full force until the vehicle is returned and your obligations are met.

You may cancel this agreement at any time. Amounts already paid — including rentals and the once-off startup fee — are not refundable.

8. Indemnity & limitation of liability

Save where caused by our gross negligence or wilful misconduct, we are not liable for any damage, injury, death, consequential loss or loss of profit arising from any defect in or mechanical failure of the vehicle or its apparel, nor for loss of or damage to property carried or left in the vehicle. If the renter is not the driver, the renter and driver are jointly and severally liable for all amounts owing, including damages.

9. Mileage

You are allocated 3 000 km per month. Any unused kilometres roll over and accumulate for the duration of the contract. Usage above your monthly allocation may be billed in arrears at the rates set out in your rental agreement.

10. Debit order mandate

Where you sign a debit order mandate, withdrawals are processed through the South African banks’ computerised system and reflected on your bank statement against your agreement reference (MAD followed by your policy number). A debit due in December may be processed on an agreed earlier date. You may cancel the mandate, but this does not cancel the agreement, and you are not entitled to a refund of amounts lawfully owing that were already withdrawn. The mandate may be ceded or assigned only together with the agreement.

11. General

Any addition, alteration or cancellation of this agreement is void unless agreed by us in writing. The parties consent to the jurisdiction of the Magistrate’s Court. You choose the address stated in your agreement as your address for notices, and must notify us in writing within ten days of any change of residential or work address or employment details. A certificate by any of our directors, managers or accountants as to amounts owing is prima facie proof of that amount. This agreement is the entire agreement between the parties on these matters; each clause is severable; and the agreement is governed by and interpreted under the laws of the Republic of South Africa. You authorise us to disclose relevant information to SANRAL for the recovery of e-toll transactions, and you consent to any credit or information check that may be necessary.

Privacy

Your personal information is processed in line with the Protection of Personal Information Act (POPIA). Please see our Privacy Notice for full details of how we collect, use and protect your information and your rights as a data subject.

Contact us

MadRent (Westland Motors (Pty) Ltd, FSP 20408)
7 Highview Boulevard, Ferndale, Randburg, 2194
Email: info@madrent.co.za · Phone: 010 500 8621