1.1 These Terms and Conditions (hereinafter referred to as the "Agreement") form part of the Rental Agreement entered into between the individual or legal entity signing the Rental Agreement (hereinafter referred to as "the Renter") and Elite Africa Car Rental and Tours CC (hereinafter referred to as "Elite Africa"). The term "Renter" shall include, jointly and severally, any person or legal entity on whose behalf the Rental Agreement is signed. Collectively, Elite Africa and the Renter are referred to as "the Parties". The Renter warrants that all details provided in the Rental Agreement are true and correct.
1.2 This Agreement constitutes the entire agreement between the Parties. No amendments, variations, or additions (including, but not limited to, extensions of the rental period) shall be binding unless reduced to writing and signed by both Parties. In the absence of such written agreement, all waivers or concessions granted under clause 9 shall automatically lapse upon the expiry of this Agreement.
1.3 The Renter selects the physical address provided in the Rental Agreement as their domicilium citandi et executandi for the service of all notices and legal documents. Additionally, if the Renter is not ordinarily resident in Namibia, Elite Africa reserves the right to serve any legal process at any address specified in the client data submitted online or in writing, or as reflected in the travel itinerary provided by the Renter or their travel agent.
1.4 The Renter consents to the jurisdiction of the Magistrate’s Court in Windhoek, or any other competent court within the Republic of Namibia. Should Elite Africa be required to initiate legal proceedings in a jurisdiction outside Namibia, the Renter agrees that the maximum recoverable legal costs applicable in that jurisdiction shall apply.
2.1 The vehicle rented by the Renter (hereinafter referred to as "the Vehicle") is described in the Rental Agreement. This includes any replacement or substitute vehicle and encompasses all tools, spares, accessories, and equipment supplied with the Vehicle.
2.2 "Damage" refers to all costs incurred as a result of damage to or loss of the Vehicle, its parts, or accessories. This includes, but is not limited to, repairs, replacement, valuation or assessment fees, and any legal costs incurred. "Recovery Costs" refers to all expenses associated with towing, transporting, or storing the Vehicle.
2.3 The Renter warrants and accepts full responsibility for ensuring that all drivers specified in the Rental Agreement (hereinafter referred to as “the Driver/s”):
a. Inspect the Vehicle prior to acceptance and confirm that it is in good working order, including verifying that the wheel lug torque complies with manufacturer specifications.
b. Maintain the Vehicle during the rental period, including providing all necessary fuel, oil, and water at their own expense. Failure to do so shall render the Renter liable for any resulting damage.
c. Confirm the proper installation of a baby seat, if one is provided by Elite Africa.
d. Do not lease, lend, or otherwise dispose of the Vehicle to any third party.
e. Do not transport goods or materials that may damage the Vehicle or its interior.
f. Park the Vehicle securely when not in use, preferably in a secure parking facility.
g. Do not allow any person other than those listed in the Rental Agreement to operate the Vehicle.
h. Comply with all conditions set forth in clauses 4.1 to 4.10, especially where the Driver is not the same person or entity as the Renter.
3.1 The Renter warrants and assumes full responsibility for ensuring that all Drivers (including additional Drivers) listed in the Rental Agreement:
a. Are the only individuals who operate the Vehicle, and that Vehicle keys are stored securely at all times.
b. Are at least 23 years of age for vehicles with engine capacities exceeding 2.8 litres, unless written consent is granted by Elite Africa.
c. Possess a valid, unendorsed driver’s license, have not been previously denied car hire services, and have not been refused motor insurance coverage.
d. Are free from any physical or mental condition that could impair driving, including but not limited to poor vision, hearing issues, or substance dependency. The Driver must not operate the Vehicle under the influence of alcohol or any habit-forming or illegal substances.
e. Shall not use the Vehicle for racing, towing, or participation in any form of competition.
f. Shall not use the Vehicle to transport passengers for reward or engage in commercial passenger services.
4.1 The Vehicle shall be used responsibly and only on roads suitable for its capabilities. It must be returned in the same condition it was delivered, subject to reasonable wear and tear.
4.2 The Vehicle will be delivered with a full tank of fuel. Upon return, the Vehicle must be refueled at the Renter’s expense.
4.3 The Vehicle may not be taken outside the borders of Namibia without the prior written consent of Elite Africa. Such consent is subject to additional terms outlined in the Letter of Authority for Cross-Border Travel. The Renter must familiarise themselves with any applicable additional charges, insurance excesses, and cross-border conditions.
4.4 Unless otherwise agreed in writing, failure to return the Vehicle to an approved ACH depot at the agreed time and date will result in the Renter being charged the applicable daily rental rate plus a 20% late return surcharge for each additional day. Elite Africa may also demand immediate return of the Vehicle and recover any losses incurred due to the late return.
4.5 Upon return, Elite Africa shall determine, in its sole discretion, whether the Vehicle requires repairs or replacement of any parts, including cleaning (valet services). The Renter shall be liable for the cost of such services, payable on demand.
4.6 The Renter shall be responsible for all fines, penalties, and legal infractions in terms of the Road Traffic and Transport Act 22 of 1999, its regulations, and any other relevant laws. This includes parking violations and other offences committed during the rental period. The Renter indemnifies Elite Africa against any such liability and authorises Elite Africa to release relevant information to the appropriate authorities as necessary.
4.7 A rental day is defined as a 24-hour period or any portion thereof, commencing at the “Time Out” noted in the Rental Agreement. The minimum rental period is six (6) days, and extensions are granted only in full-day increments.
4.8 The Vehicle is equipped with a satellite tracking system which must not be tampered with. Any interference shall result in the Renter being held liable for all direct, indirect, and consequential damages, and forfeiture of all insurance cover and waivers.
4.9 Under no circumstances shall the Renter transport hitchhikers or any unknown persons in the Vehicle.
