It is agreed that Berg 4×4 Rentals shall hire to the renter the vehicle described, which description includes any substitute vehicles which may replace the original vehicle, under the terms and conditions of the agreement.
1. RESERVATIONS AND RATES
Rental Rates Include:
Tourism Levy
Unlimited Kilometers, unless otherwise indicated
Standard Insurance Cover
Border Documentation
Up to four drivers
Interval Services
Breakdown Assistance
Introduction to the vehicle and equipment
Camping equipment, if camping vehicle is selected
Optional Additional Services:
Additional Insurance
Additional Equipment
Itinerary Assistance
Shopping Cart
1.1) To reserve the vehicle R 10 000 (Ten Thousand Rand) must be paid upon acceptance of the quotation within the validity period of the Quotation. By paying this deposit the renter indicates that he/she has read the agreement and accepted the terms and conditions.
1.2) Non-South African renters must have a valid passport, a valid code 8 English Driver’s License or if this license is in any other language, it must be accompanied by an English International Driver’s License or official translation by a Consulate or Embassy, stamped including a photo and signature of the license holder.
1.3) South-African renters must have an Identity Document, Proof of Residence not older than 3 months and complete a digital onboarding process. Passport required if crossing borders.
1.4) Minimum age to rent a vehicle from Berg 4×4 Rentals is 21 years
1.5) Drivers below 23 years of age will require additional insurance for high-risk
1.6) Drivers who have had their license for less than 3 years will require additional insurance for high-risk
1.7) The renter will be required complete a link with information required by our Due Diligence team and truthfully disclose personal information, as well as your purpose of travel.
1.8) Berg 4×4 Rentals will require a complete itinerary of the renters anticipated route and reserve the right to decline any rental with excessive mileage over a short period of time.
1.9) The renter and/or driver should never have been denied car hire facilities.
1.10) The driver(s) should not be suffering from any physical infirmity, defective hearing, or vision and should not be addicted to nor under the influence of alcohol or other habit-forming, or illegal substances.
2. PAYMENTS
2.1) All final payments due must be made 72 hours prior to collection of the vehicle.
2.2) Payments must be made in South African Rand and all funds must clear in our account before departure. The renter understands that payment delays may result in delayed delivery.
2.3) We prefer Electronic Funds Transfer, but also accept Visa or Mastercard debit or credit cards, or cash (only if collected at one of our branches). South-African citizens must pay via EFT or pay a card fee of 2.5% of the transacted card amount.
2.4) Debit and Credit cards must be transacted on our Virtual Terminal and be set up for 3D secure authentication.
2.5) American Express cards are accepted at a surcharge of R 600, which will be deducted from the security deposit.
2.6) Rentals days are calculated per full day, irrespective of the time of collection or return.
2.7) The renter will be liable in addition to the rental and one way delivery charges for all fines, toll road charges, and all charges for crossing the border, or the like.
2.8) The renter will at his/her expense keep fuel, oil, water, brake-fluid or other fluids and lubricants topped up, as required during the ordinary course of vehicle use. Any failure to do so might result in damage that will be for the renter’s account.
2.9) The vehicle is delivered to the renter with a full tank of fuel and should be returned to Berg 4×4 Rentals full. Refueling penalty of R500 will apply if the vehicle is returned with a partially filled tank.
2.10) The vehicle should be clean on the outside upon return to allow a thorough inspection.
2.11) A compulsory cleaning fee of R850 will be charged for deep cleaning the vehicle engine bay, chassis, interior, including seats, upholstery, roof lining, tent, chairs, carpets to our acceptable standard.
2.12) Fishing Vehicles will be charged R 1200 cleaning fee, no exceptions.
2.13) Laundry is charged at R150 per person, where bedding in selected.
2.14) Payments in terms of clause 6 must be made on demand.
3. SECURITY DEPOSIT
3.1) It is agreed that a security deposit in addition to the rental rates is paid prior to departure.
3.2) The security deposit is dependent on the insurance option elected. See Clause 7.11
3.3) The security deposit will be retained by Berg 4×4 Rentals until 30 days after the vehicle is returned to us in safe, unharmed, and undamaged condition at the agreed return location on the agreed date, fair wear and tear accepted.
The vehicle will be inspected thoroughly at our workshop, at whose sole discretion any damage will be confirmed. Proof of damages will be provided.
3.4) The renter further agrees that Berg 4×4 Rentals will deduct any charges in terms of clause 6.4 from the security deposit.
3.5) In the event of any accident or loss the deposit will be forfeited and become payable to the insurer of the vehicle in the form of an excess.
4. REFUNDS
4.1) The balance of the security deposit will be refunded in the same manner it was received.
4.2) Should the method of the refund change due to any reason, Berg 4×4 Rentals will not be liable for any bank or transaction charges and reserves the right to deduct this from the security deposit.
4.3) In any event, the renter agrees to provide Berg 4×4 Rentals with everything we need to execute a successful refund.
4.4) Should the deposit be received in cash, it is the responsibility of the renter to collect the cash from our offices.
4.5) Any damage to the vehicle that must be deducted might delay the refund until such time that all the repairs have been completed successfully.
4.6) Holds on credit cards, if applicable, will be cancelled after 21 days.
4.7) No refunds will be processed outside our office hours.
4.8) Payments made by the renter in terms of Clause 21 or Clause 6.29 of the agreement will be refunded with the security deposit balance due, should valid receipts be on file.
4.9) Please note that Berg 4×4 Rentals cannot predict currency variations and should the currency fluctuate, the deposit refund may differ from the deposit initially paid. All payments and/or refunds are calculated in South-African Rand.
4.10) Refunds in terms of Clause 5 will be paid less bank charges.
4.11) In the event of a Total loss, or if the vehicle is disabled due to an accident, the balance of the unused rental will not be refunded to the renter, nor will it be carried over.
4.12) Should either party terminate the rental before the termination date, regardless of the reason, the unused rental days will not be refunded, nor carried over.
5. CANCELLATION CHARGES
Cancellation charges are calculated from date of collection
60 Days R 2500 handling fee
50 Days 25% of accepted rental quote
40 Days 45% of accepted rental quote
30 Days 90% of accepted total quote
21 Days 100% of accepted total quote
No shows will forfeit all amounts paid
Cancellation within 24 hours of making the reservation will get a full refund less bank charges
6. THE RENTERS RISK AND OBLIGATIONS
6.1) The vehicle is the property of Berg 4×4 Rentals but is the sole and absolute risk of the renter from the moment the keys are handed over until the vehicle is safely returned to the owner.
6.2) The vehicle must be used by the renter in a safe and reasonable manner for the purpose it was intended.
6.3) The renter must drive the vehicle on suitable roads and within the speed limit induced by Berg 4×4 Rentals.
6.4) The renter understands that the vehicle must be returned in the same condition it was received and that should any damages, or loss sustained, or mechanical damages not due to wear and tear occur, the renter will be held liable to cover the cost or repair or replacement and will make good any shortages or damage to the vehicle. Damages deducted under this clause will also include cost of installation and transportation.
6.5) The handover and demonstration of the vehicle and equipment can take one to two hours. The renter must allow enough time to complete the inspection thoroughly with the hand over agent. We encourage the renter to do the pre-delivery video with the hand over agent and point out anything you feel is noteworthy. We strongly advise that you give your full attention at handover. Handover is only complete once the renter is comfortable with the vehicle and how to use it and the equipment. Upon acceptance of the keys and signature of the delivery note the renter will indicate that the vehicle is:
• Accepted by the renter and deemed fit for use and for the purpose for which it was intended.
• Free of reasonably perceived defects, unless pointed out on the inspection and/or video.
• Free of existing cosmetic damages, including but not limited to paint damages, dents, dings or scratches unless pointed out on the inspection and/or video.
• Of the quality that meets the expectations of the renter.
• Fitted with tyres acceptable to the renter and is equipped with the necessary tools to change a tyre and is confident in the procedure of inflating and deflating tyres.
• That the clutch is in working order, and accepted, in case of a manual gear vehicle.
6.6) The renter undertakes to inform Berg 4×4 Rentals within 48 hours should he/she experience any problems, malfunctions, or discomfort. No consideration or liability for lost time will be given to such claims, however, we will try our best to amicably resolve the issue, considering factors such as time, availability, and location.
6.7) Although the vehicle is meticulously maintained the renter understands that the vehicle is a mechanical item that can suffer breakdown without notice at any time. Berg 4×4 Rentals reserves the right to evaluate, diagnose and remedy the situation in the event of a breakdown by repairing the vehicle with a suitable mechanic. The renter must allow reasonable time for the repair to take place and keep in mind that repairs in remote locations can take longer than repairs within city limits.
6.8) The renter is liable for any and all damages or total loss sustained to the vehicle, howsoever the damage and/or total loss is caused, attributable to his/her fault or negligence during the course of the rental.
6.9) The renter agrees and gives his/her express undertakings to settle any amounts due upon receipt of statement, if damaged was caused due to an Excluded Event.
6.10) The renter agrees and gives his/her express undertakings to settle any amounts due upon receipt of the damage statement, should the incident occur either due to negligence and the deposit was insufficient to cover the damages.
6.11) The renter agrees and gives his/her express undertakings to settle upon presentation of the invoice, any balances due in terms of clause 5.
6.12) The renter understands that it is not permitted to lend or hire the vehicle to anyone else, or allow any driver not listed in the agreement to drive the vehicle. The renter further agrees that his/her obligations under the agreement cannot be carried over.
6.13) The renter understands that it is not permitted to pick up hitchhikers or any other persons unknown to the renter.
6.14) The renter understands that it is not permitted to compete with the vehicle in a race, unless it is a registered event like Put Foot Rally or similar event.
6.15) The renter understands that the vehicle is not permitted to taxi (carry passengers or goods for reward).
6.16) The renter agrees to use the vehicle within the ambit of the law, and understand that the carrying of dangerous, illegal or hazardous goods is not permitted.
6.17) The renter agrees to not cause the vehicle to be at risk in any public disturbance, unrest, or civil riot.
6.18) The renter understands that overloading the vehicle is not only illegal but can also be dangerous. We recommend 30kg per person in the event of a 4-person rental, or 60kg per person in the event of a 2-person rental. The total of the vehicle, equipment and luggage should not exceed the GVM of 3500kg.
6.19) The renter agrees not to deviate from the proposed itinerary without informing Berg 4×4 Rentals as soon as possible.
6.20) The renter assumes responsibility for the safety of the vehicle and agrees to never part with; neglect or abandon the vehicle. Should the renter partake in an activity that requires the vehicle to be left unattended for some time, the renter undertakes to obtain adequate and safe parking at his/or her cost. The keys are to be kept safe.
6.21) The renter understands that driving below the high-tide mark, or through any wet saltpans, swamps, water pools or rivers is not permitted and that no body of water is allowed above the axle.
6.22) The renter understands that the vehicle is fitted with a tracker device (black box) and that Berg 4×4 Rentals reserves the right to use this information for tracking purposes, monitoring of speed, and restricted areas or countries. The black box data will be monitored by satellite and send us notifications if the vehicle is in violation of any speed limits. Berg 4×4 Rentals reserves the right to switch off the vehicle, repossess it and terminate the rental immediately should the renter be guilty of any breach under the agreement, regardless of the reason for such breach.
6.23) The renter indemnifies Berg 4×4 Rentals against any claims for loss, damages, direct or consequential, and cost including attorney and own client cost that may be incurred due to an act or omission by the renter or any other person the renter allows access to the vehicle.
6.24) The renter understands that the accessories and equipment are part of the vehicle, and that the renter is equally responsible for not leaving any items behind. Damaged equipment replaced on the road should be brought back to Berg 4×4 Rentals when the vehicle is returned.
6.25) The renter understands that leaving valuables in sight when the vehicle is unattended may lead to breaking and entering. In any event of breaking and entering, regardless of the reason, the damage and any stolen property will be for the account of the renter.
6.26) The renter undertakes to take notice of the dashboard warnings signs, and should one illuminate discontinue driving and report them to Berg 4×4 Rentals immediately. Failure to follow instructions may result in damage which will be for the renter’s account.
6.27) The renter understands that designated areas are suitable for standing (like running boards) and that damage caused by standing on the vehicle in incorrect places will be deducted from the security deposit held.
6.28) The renter understands that her/she assumes all risks when travelling on very bad roads or in extremely remote areas. This will also influence the time of breakdown recovery and the offering of replacement vehicles.
6.29) The renter undertakes to, if the vehicle becomes due for a service during his/her possession or rental, he/she must fulfil this service at the workshop allocated by Berg 4×4 Rentals at his/her cost or as indicated by the rental delivery agent prior to departure. The costs of this service will be for Berg 4×4 Rentals’ account and will be refunded to the renter.
6.30) The renter must ensure that the baby seat, if applicable, is properly installed.
6.31) The renter must ensure that the lug torque is set to the recommended specifications.
6.32) The renter understands that all four wheels must always stay on the ground and agrees to never let the car become airborne.
6.33) The renter understands that all Berg 4×4 Rentals vehicles are strictly no smoke zones and that a R2500 penalty will be levied for removal and reinstallation of seats and roof linings to get rid of smoke smell.
6.34) The renter understands that any payment which may become due after the refund has been actioned relating to traffic fines, must be paid upon receipt.
6.35) In the event of a hail or sandstorm the renter agrees to seek shelter and discontinue driving until the storm has passed.
7. INSURANCE
7.1) The rental rates include Standard Insurance on the vehicle only for the period of the rental.
7.2) Standard Insurance is not full insurance and excess is applicable.
7.3) Standard Insurance or any other waivers is only valid in the countries that Berg 4×4 approves for the rental.
7.4) Standard Insurance is not sufficient for High-Risk Events, and additional insurance is needed. High Risk events are Dune Driving, Young Adults, New License, Visits to Malawi, Zambia, North Mozambique and Tanzania
7.5) Standard Insurance does not extend to Accessories or Camping Equipment on or inside the vehicle.
7.6) Standard Insurance does not include theft or theft loss waiver
7.7) Standard Insurance does not cover third party damages. Additional third-party insurance options can be selected from the Insurance options. Third party insurance will in such event only be valid in South-Africa, Botswana and Namibia. For all other countries third party insurance must be purchased at the border upon entry into the country.
7.8) Any traffic accident with damage less than R 20 000 (Twenty Thousand Rand) cannot be claimed through the insurance and will be deducted from the Security Deposit. The R 20 000 will always be the first R 20 000 due per single event. Please note that scratches and dents or any other cosmetic damages are not considered accidents.
7.9) Excluded Events are not covered by any of the Insurance Options unless there is a waiver available to cover the event and will be for the account of the renter. See clause 8.
7.10) None of the insurance options or waivers extend to the personal safety or personal property of the renter, driver or any of the passengers, and we strongly recommend that personal, medical and travel insurance should be obtained by the renter independently prior to departure.
7.11) Additional Insurance may be purchased according to the Insurance Cover Options (Version 2.2024) to reduce the excess.
7.11)1. Super Cover
7.11)2. Super Plus
7.11)3. Platinum Cover
7.11)4. Clutch Waiver Add-on to any plan
7.11)5. Paintless Dent and Scratch removal plan
7.12) High Risk rentals in terms of clause 7.3 will be charged at a higher excess. See Annexure A – Insurance Options
8. INSURANCE EXCLUSIONS
8.1) Damage caused by driving though water and/or water submersion or where the water level rises above the axles of the vehicle,
8.2) Saltwater damage,
8.3) Damage caused by sandstorms, unless the waiver is in place, subject to its conditions
8.4) Damage to any component or loss or total loss due to negligence, malicious damage, gross misuse.
8.5) Damage to the clutch, unless the waiver is in place
8.6) Damage to the undercarriage, unless the waiver is in place
8.7) Any damages caused by the incorrect use of 4×4 of Diff Lock
8.8) The vehicle at the times of damage or loss or total loss was being driven by any person whose blood alcohol concentration exceeded the legal limit permitted by any law or whilst under the influence of intoxicating narcotics, drugs or similar substance,
8.9) Damage and/or loss or total loss sustained as a result of driving off-road, or in restricted areas, or prohibited roads,
8.10) Damage to the vehicle where the speed limits were ignored,
8.11) Damage and/or loss or total loss sustained where the incident takes place outside the borders the countries on the border documents,
8.12) Damage and/or loss or total loss where the rental agreement has expired, and no extension were arranged, or where extensions have not been settled in full,
8.13) Falling asleep behind the wheel whilst driving (drivers’ fatigue),
8.14) Incidents following the use of cellular phones whilst driving,
8.15) Driving on the wrong side of the road,
8.16) Single Vehicle Accidents, unless the waiver is in place, subject to its conditions.
8.17) Damage due to the use of incorrect fuels and lubricants, or dirty or contaminated fuel,
8.18) Any damage, loss or total loss due to a breach of the agreement.
8.19) Incidents with animals at night
8.20) Failure to stop and report any warning signs on the dash resulting in damage
8.21) Theft
9. TRAFFIC ACCIDENTS
9.1) Any accident must be reported to the police closest to the incident in the country where the incident took place within 24 hours and the report should be provided to Berg 4×4 Rentals as soon as possible.
9.2) The renter must obtain names and contact details of other involved parties or witnesses, if applicable. This includes photos of the accident, and copies of the driver’s license and of the other vehicle’s license disk.
9.3) The renter shall never admit fault or liability.
9.4) Where a collision renders the vehicle unusable, the rental will terminate, and the security deposit will be forfeited. A replacement vehicle including delivery can be assigned but at the complete cost of the renter.
9.5) A new security deposit must be paid, without allowance for electing additional insurance.
9.6) In the event of a Single Vehicle Accident, where the vehicle is rendered unusable, the security deposit will be forfeited, and an amount of R50 000 plus the recovery to the closest town, is payable immediately by the renter. Furthermore, the renter may be held liable for the entire loss, including, but not limited to the following:
• The total replacement value of the vehicle, accessories, and equipment,
• Recovery of the vehicle to the closest town so a police statement can be made,
• Recovery of the vehicle to Cape Town, South Africa in the event of a South-African registered vehicle, or Walvis Bay, Namibia in the event of a Namibian registered vehicle.
• The remuneration of an Assessor who can confirm the damages and the cause of the accident,
• Any legal cost incurred,
• Any cost for storage of the vehicle,
• Any cost of documentation, courier, or ad hoc including phone calls,
• Loss of income on the Asset until it is replaced and installation of all accessories, and equipment has been completed,
• Interest on overdue amounts at the prime lending rate of South Africa.
10. CONSEQUENTIAL LOSS
Should the agreement or insurance conditions be breached and there is damages or loss, the renter will be liable, in addition to any other amount provided for in the rental agreement, for damages suffered by the company in consequence of it being unable to rent the vehicle, which damages will be calculated on the basis of the contracted monthly rate on the rental agreement, limited to a maximum of 30 days.
11. KEYS
Berg 4×4 Rentals supplies each rental with 1 key for the vehicle. It is a requirement that the key is kept and returned safely. Should the key be lost, all costs relating to the coding and replacement will be for the renter’s account. The renter may request an additional key, subject to approval.
12. AIR-CONDITIONING
The air-conditioner installed in the cabin of the vehicle is designed to be used in South African weather conditions. In regions where the temperature rises above 30 degrees Celsius, or the humidity is more than 50%, the unit may not work as effectively as it normally would in South Africa. Please ensure that the windows of the vehicle are properly closed whilst the unit is on to keep cold air inside the vehicle.
13. DUST INGRESS
Namibia and Botswana are predominantly arid desert landscapes and most of the scenic routes on your journey will be travelled on gravel, dust, or two spoor sand roads. It is not possible to dust proof the vehicle completely. We do have a breather hole built into the canopy to serve as an air cavity which changes the pressure inside the cabin so the dust will not sneak in. Please make sure that this is open to try and minimize the dust. Alternatively, we would strongly recommend the use of reusable plastic laundry bags for bedding and clothes for sensitive travelers.
14. ROAD RESTRICTIONS
14.1) The vehicle is allowed to travel on open public tar or gravel roads within our territorial limits, as well as official two-spoor indicated on Tracks4Africa or public recognized 4×4 tracks (not exceeding a Level 3 difficulty rating).
14.2) Off-road driving is not permitted and done completely at own risk and expense of the renter. Any damages, breakdowns or recoveries resulting from off-road driving, whether or not these damages are attributable to wear and tear will be for the renter’s own account.
14.3) Dune Driving is prohibited, unless written consent was obtained from Berg 4×4 Rentals and additional insurance was paid in full. In such circumstances the renter understands that dune driving is still considered off-road and assumes all risk and responsibility for the cost of damages, loss or total loss. All recovery charges to get the vehicle to our depot are for the renter’s account.
14.4) The renter assumes all risk when travelling on very bad roads or in very remote areas. It is advised to choose an alternative route when roads seem inaccessible or if you feel uncomfortable driving it, or if it poses a risk to the vehicle. We do not recommend driving Van Zyl’s Pass and should the vehicle suffer a breakdown and we are unable to arrange a recovery, the renter is responsible for getting the vehicle to a place where recovery is possible.
14.5) Due to reduced visibility, poor road conditions and animal activity in the dark, we strongly advise against driving after sunset or before sunrise. Any incidents occurring due to driving in the dark will only be attended to the next morning.
15. SUBSTITUTIONS
If for reasons beyond our control the vehicle you reserved is not available for whatever reason Berg 4×4 Rentals reserves the right to substitute the vehicle to a comparable alternative or superior vehicle at no extra cost to the renter. This does not constitute any breach of the agreement, nor does it entitle the renter to any refund or any form of claim.
16. FUELS AND LUBRICANTS
The vehicle should be filled up with the correct fuel suitable for the vehicle.
Please note that in the event of a Diesel vehicle only 50ppm Diesel is allowed.
Although 500ppm is cheaper it is dirty diesel and is not allowed in our vehicles as it might cause you to get stuck due to blocked fuel filters.
In the unlikely event of needing oil, please use only the following oil and inform us immediately.
GD6 Hilux & V8 models – 5W40 full synthetic engine oil
D4D Hilux & Petrol V6 models– 15W40 full synthetic engine oil
17. OFFICE HOURS
Monday to Friday from 08H00 until 17H00
Saturday from 09H00 until 13H00.
Sundays and Public Holidays – Closed
Please try to schedule your collection and / or delivery within those times as a After Hours surcharge of R 500 will apply outside of these hours.
18. SPEED LIMITS
18.1) The renter must always comply with the official traffic laws and speed limits of the country, including all road signs, local ordinances, and traffic regulations. In addition to these legal requirements, Berg 4×4 Rentals imposes its own speed limits for the safety of the vehicle and occupants. Where Berg 4×4 Rentals’ speed limits are lower than the applicable legal limits, the lower of the two must be observed. These internal speed limits form part of this agreement and are binding on the renter:
120km per hour on tarred roads
80km per hour on gravel roads (Namibian C-Roads or similar)
60km per hour on badly corrugated gravel (Namibian D-Roads or similar)
60km per hour within city limits (or lower if indicated by road sign)
60km per hour in National Parks or Reserves (or lower if park speeds are less)
18.2) Should the renter be in breach of the speed limit after the third warning, Berg 4×4 Rentals reserves the right to deduct from the security deposit an amount of R250 (Two Hundred and Fifty Rand) for every warning thereafter.
18.3) The insurance benefits applicable to the agreement will be forfeited during times when the renter over speeds, and any damages which may occur during or due to will be for the renter’s account.
18.4) Should Berg 4×4 Rentals consider the risk to be excessive, we reserve the right to repossess the vehicle, without refund of unused days.
19. VERIFICATION OF RENTER AND DRIVERS
Berg 4×4 Rentals reserves the right to verify the identity of the renter prior to delivering the vehicle to the agreed collection location. Should the renter, or driver, furnish Berg 4×4 Rentals with incorrect or false information we reserve the right to cancel the agreement. Any monies paid to our account will be withheld until a positive identification has been made by our attorneys.
20. TYRES AND RIMS
20.1) The tyres must be inspected by the renter upon delivery and an exchange must be ordered if required in which event Berg 4×4 Rentals will replace the tyre(s) in question before departure.
20.2) Once the vehicle is in possession of the renter, the renter assumes full responsibility for the replacement of flat, damaged or punctured tyres, unless the tyre waiver is in place (subject to its conditions).
20.3) The tyre must be replaced by an All-Terrain tyre of the same brand, size, and ply-rating.
If the brand is not available, the tyre must be of similar quality and value as the damaged tyre.
It is advised that the renter contacts his/her communication group to discuss the available options.
20.4) Should the tyre be incorrect, or of poor quality, Berg 4×4 Rentals reserves the right to replace the tyre and deduct the value from the security deposit.
20.5) Reconditioned or Re-tread Tyres are not acceptable.
20.6) Tyre replacement, whether done by the renter or by Berg 4×4 Rentals will incur a compulsory alignment and balancing charge upon return.
20.7) Please note that a plug in the tyre is considered a temporary solution and that the tyre should be replaced as soon as possible.
20.8) Any damage to rims, or rims that have been buckled due to driving through potholes, or damage to or loss of hubcaps will have to be repaired or replaced at the renter’s expense, including costs for re-alignment. Please report any vibration on the steering within 24 hours of taking possession of the vehicle.
20.9) Driving at incorrect tyre pressure resulting in the tyre(s) wearing off on one side will be replaced at the renter’s cost.
20.10) If the renter/driver drives through a pothole and the vehicle vibrates afterward the renter/driver must change the wheel (rim and tyre) immediately and thereafter do wheel balancing and alignment as soon as possible. If this procedure is not followed and the tyres wear off on one side the cost of replacement tyre will also be for the renter’s account.
21. INDEMITY AND WAIVER
21.1) Personal possessions, personal injury, third party injury and/or liability insurance are not included in the rental, or waivers, for passengers or drivers, and the vehicle is used at the renter and passengers’ own risk and liability.
21.2) The vehicle is a dangerous object of not operated correctly, and by signing the terms and conditions the renter declares that he/she possesses the necessary skill and knowledge to operate the vehicle.
21.3) The renter and all drivers, and passengers hereby indemnify Berg 4×4 Rentals, its owners, staff, manager, agents, and related companies for any loss of property, loss of life, injury, accident, damages, or loss, regardless of cause or fault.
22. COSMETIC DAMAGE
Any damages to the vehicle that was accumulated whilst in the renter’s possession must be repaired, replaced or made good by the renter. This includes scratches of any kind, dings, dents or stone chips on the vehicle or accessories, broken lights, upholstery or anything considered cosmetic.
• Buff & Polish R 1800 per vehicle (removal of light scratches)
• Removal of scratches R 1700 per panel (removal of deep scratches beneath paint layer)
• Removal of dents (paintless) R 600 per panel (removal of dents with no paint or metal damage)
• Removal of dents R 2700 per panel (removal of dents with paint or metal damage)
Scratches which penetrate the paint surface and is not removed by “Buff & Polish” will be charged per panel.
Scratches or Dents which are pre-existing on the pre-delivery inspection and video will not be for the renter’s account.
23. GLASS
Damage to the windscreen or any glass windows during the journey is the responsibility of the renter, unless the waiver is in place.
24. REPAIRS OF VEHICLE OR EQUIPMENT ON THE ROAD AND RECOVERY OR BREAKDOWN SUPPORT
24.1) Should you experience challenges on the road in terms of component mechanical or equipment failure we will be at your assistance, providing that we are made aware of the issue and subject to availability of parts, skill and resources in your location. Note that repairs or support on Saturdays, Sundays or local public holidays may be challenging.
24.2) The renter hereby confirms that they understand that Berg 4×4 Rentals is not the manufacturer of the vehicle or the equipment, but that we will endeavor to respond to any issues as promptly as possible.
24.3) The onus rests on the renter to do general checks on the vehicle, and take notice of possible fluid leaks, any rattles or noises and have it assessed before proceeding to enter very remote areas.
24.4) The renter is in control of the vehicle and understands that although the vehicle is fully maintained and allowed to enter rural areas and National Parks, the vastness and remoteness of the wilderness and the location of the vehicle may hinder our ability to provide back up support timeously in these areas. The renter understand that these areas are a higher risk and accepts this risk and in addition also assumes responsibility for taking the vehicle to the nearest workshop in cases where the vehicle is able to drive, or in cases where the vehicle cannot drive, have the vehicle towed to the nearest workshop at the renter’s expense. Berg 4×4 Rentals must be contacted for further instructions.
24.5) Berg 4×4 Rentals should be phoned for authorization to do any repairs or replacements. If there are no workshops or repair centers close by, a technical adviser will firstly try a telephonic diagnosis based on the renter’s description of the vehicle’s behavior. Berg 4×4 Rentals will then inform the renter whether we will send help, or depending on the telephonic diagnoses made, inform the renter where the vehicle can be driven for repair.
24.6) In the event where the damages are not repairable and the vehicle must be recovered to our depot, a replacement vehicle will be provided as long as the damage is due to wear and tear.
24.7) If the vehicle is damaged mechanically due to the client’s negligence or misuse, or due to getting severely stuck and injuring components, the cost of recovery and the related repairs will be for the renter’s account. In extreme circumstances the deposit shall forfeit, and no replacement vehicle will be sent. A new deposit and upfront rental payment including delivery charges will be required should you want to complete the rental, subject to availability, once all amounts due in terms of the negligence has been settled.
24.8) Should it transpire after the receipt of the vehicle back at our workshop that the failure was due to fault or neglect from the client, Berg 4×4 Rentals reserve the right to withdraw the replacement vehicle and terminate the agreement.
24.9) Airconditioning, and/or faulty fridge and/or broken tent zipper and/or window winder problems is not deemed a breakdown which requires roadside assistance and will be repaired on a “as-soon-as-possible” basis. These events also do not entitle the renter to any discount or refund.
24.10) Breakdowns due to the use of dirty fuel is not considered a breakdown, and although Berg 4×4 Rentals will attempt to assist timeously, the cost of repair and related recovery will be for the account of the renter.
24.11) In instances where serious mechanical failures due to wear and tear cannot be repaired timeously, Berg 4×4 will replace the vehicle within 72 hours from the time of diagnoses depending on the location.
25. RECOVERY OR TOWING
25.1) Recovery or towing required in the event of damage, loss or total loss in the event of an accident is always the responsibility of the renter and is not included in any of the insurance options, waivers or additional insurance.
25.2) Recovery or towing required in the event of mechanical damages due to an excluded event, including negligence, is the responsibility of the renter.
25.3) Recovery or towing required in the event of mechanical damages due to wear and tear is the responsibility of Berg 4×4 Rentals.
26. ACROSS BORDER TRAVEL
26.1) Leaving the border into any country that was not documented on the border documents may result in the vehicle being repossessed and will void any insurance or waivers. Any cost for repossession, storing and repatriation of the vehicle will be for the account of the renter.
26.2) Berg 4×4 Rentals cannot be held liable for any losses suffered financially or otherwise due to delays at the border in the event where a delivery is ordered away from our branch. Although ample time is set aside, we cannot determine delays at the border which are beyond our control.
26.3) Cross-Border Documents are drawn up by our company free of charge. A levy of R 1000 (One Thousand Rand) may be charged for re-issue if the documents are lost, or if the information is changed within 7 days of departure.
26.4) The onus rests on the renter to be adequately informed regarding visa requirements and restrictions on what each country allow over the border crossings and in which amounts. Berg 4×4 Rentals can take no liability for items discarded or disposed of at the border.
26.5) The renter must ensure that all the documents obtained at the border crossing always remain with the vehicle. If the documents are removed the renter will be held liable for replacement costs of the documents, and any fines relating to their absence.
27. OPTION TO EXTEND
27.1) It is agreed that the agreement may be extended with prior authorization from our offices, subject to availability.
27.2) The payment for the extended rental is payable immediately upon reservation by any means available and approved by our offices.
27.3) Should there be no vehicle available to accommodate the extension Berg 4×4 Rentals may refuse the extension.
28. GENERAL
28.1) The renter includes, jointly and severally, any person or juristic person on whose behalf the agreement is signed.
28.2) The renter accepts full responsibility and liability for any and all damages, losses, injuries, or claims arising from the use or operation of the vehicle, regardless of who the driver was or their identity. This includes, but is not limited to, property damage, loss or total loss of the vehicle, personal injuries, and any other financial consequences resulting from the accident or incident.
28.3) The renter shall always be bound by the terms and conditions whether he was driving or not.
28.4) The renter and every other person whose signature appear on this agreement shall be liable jointly and severally for
payment of all amounts due to the company in terms of the pursuant rental agreement.
28.5) The rental agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like (unless recorded and signed by both parties in writing) and no claims of misrepresentation shall be accepted.
28.6) If any of the provisions is found to be by a court of law, invalid, void, or unenforceable, such provision will be severed from the remaining provisions, without affecting the remainder of the provisions hereof.
28.7) Variations and/or additions must be reduced to writing to be valid and enforceable.
28.8) No extension, latitude or other indulgence that may be given or are allowed by any party in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this rental agreement will in any circumstances be construed as implied consent or election from such party.
28.9) The agreement shall be governed by and construed in accordance with the Laws of the Republic of South Africa. The Western Cape Division of the High Court shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with this Agreement.28.10) The agreement and all matters and disputes shall be governed by the Law of South Africa, to which the renter consents.
28.11) The renter agrees that any legal proceedings brought about in terms of a breach of the agreement will be for the renters account on a scale of client to attorney basis. Should the company take any legal action against the renter to enforce any of its rights under this agreement; the renter will be held responsible for all the costs incurred in such legal proceeding.
28.12) The renter confirms that all information supplied, is true and correct and that no false representations were made in connection with the personal information to obtain rental or intent of renting this vehicle. Providing false, misleading, or dishonest information will constitute a breach of the agreement and may result in cancellation of the agreement, without refund.
28.13) The renter confirms that by signing this agreement he/she is of sound mind and possess the legal contractual capacity to enter into the agreement.
28.14) Berg 4×4 Rentals is hereby indemnified from any claims which may be brought by any other parties, in terms of this agreement, and will not be held liable for the vehicle’s involvement in any illegal activities.
28.15) Terms and conditions are subject to change without notice.
29. RELOCATION FEE
29.1) Each Berg 4×4 Rentals branch is allocated its own fleet of cars and the cost for collecting or returning the vehicle must be paid in full prior to departure according to the Quotation and Invoice.
29.2) Should the return location be changed after delivery has taken place a R 3000 surcharge may apply, plus the price difference to the new location if it is ordered away from its branch of origin. Please revert to your communication group for information if needed.
30. THEFT LOSS WAIVER
30.1) The renter understands that theft of equipment or personal possession or damage related to breaking and entering is not included in Standard Insurance.
30.2) In the event of theft of the car or carjacking, the renter will be held responsible for the entire loss, unless a Theft Loss Waiver is in place, see clause 7.
30.3) For the Theft Loss Waiver to be valid, all keys to the vehicle must be provided to Berg 4×4 Rentals along with a police report which should be obtained similar to clause 9.1.
30.4) In the event of a car-jacking proof of trauma counselling should be provided along with the police report, to be obtained similar to clause 9.1.
31. AWAY FROM BRANCH DELIVERIES OR RETURNS
In the event where the vehicle is collected from any other location, but our branch in Cape Town or Walvis Bay it is agreed that the demonstration of the vehicle and equipment will be done virtually. A video of the vehicle before it departs, and the introduction of the vehicle and its equipment will be sent to the communication group. The renter must upon receipt of the vehicle take a video and point out any pre-existing damage, check the tyres and perform a clutch test if the vehicle has a clutch. These videos must be posted along with a photo of the mileage and the signed Delivery note to the communication group before the vehicle departs. The same procedure applies once the vehicle is handed back to the key guard upon return of the vehicle, unless the return is at our branch.
32. FISHING CATEGORIES
It is placed on record that the Fishing Categories are vehicles still subject to the agreement, but only permitted to travel 200km per day, and only between Walvis Bay, Namibia and Terrace Bay, Namibia, along the coast for fishing purposes. These vehicles are not equipped for camping, and not permitted to leave the parameters of the coast, or for driving long distances.
Any damage to a fishing vehicle found outside the boundaries of the designated coastline, will for the renter’s account.
Fishing Categories do not qualify for any Waivers, and a Standard Waiver of R 10 000 is payable under all circumstances.
The entire amount of may be withheld if the vehicle is found outside its boundaries unless agreed to and reduced in writing.
33. TERRITORIAL LIMITS
Our vehicles are allowed to travel to the following countries with our prior written consent and approval: South-Africa, Namibia, Botswana, Mozambique, Lesotho, Swaziland, Zimbabwe, Zambia, Malawi and Tanzania.
34. DEFINITIONS AND INTERPRETATIONS
In this agreement unless the context indicates otherwise:
“Berg 4×4 Rentals” means Berg 4×4 Rentals, duly authorized in terms of the Law of the Republic of South Africa and includes our licensees, owners, representatives, drivers, agents, related companies, and staff.
“Day” means a period of 24 hours from 00.00 until 11.59pm
“Rental Agreement” means the entire memorandum of agreement between the parties whose signature appears hereon, read together with Annexure A “Insurance Options”. Once the security deposit is paid over the renter agrees to have read and understood the terms of the agreement.
“The renter” means the person who enters into the agreement of rental and whose name appears along with their signature on the memorandum of agreement.
“Nominated Driver” means the person who is reflected on the Rental Agreement as being duly authorized by the company and the renter, should the renter not be in possession of a valid, unendorsed license or has a license with certain restrictions, not accepted by our company. Herein after referred to as “The Driver.”
“Additional Driver” means the person, who in addition to the driver or renter, is reflected on the Terms & Conditions and is authorized to drive the vehicle. “Hereinafter referred to as “the driver”
“Rental Period” means the agreed and paid-up period the renter applied to rent the vehicle from Berg 4×4 Rentals.
“Refilling” means the costs of filling the fuel tank to a full tank.
“Vehicle” means the vehicle described in the Agreement or any substitute which may replace the vehicle, including keys, tyres, tools, accessories, equipment, and documents.
“Total Loss” means the damages to the vehicle which is by the sole discretion of the insurance uneconomical, or when the vehicle is stolen and not recovered within 21 days.
“Security Deposit” means the amount retained by Berg 4×4 Rentals until the vehicle is returned safely, in the same condition it was handed over.
“Excess” means an amount /percentage payable to the insurance of vehicle in the event of a claim.
“Single Vehicle Accident” means an incident with the vehicle where there are no other persons, animals or moving objects involved.
“Recovery Costs” means any cost incurred due to, but not restricted to towing, transport, and storage of the vehicle.
“Assessor” means the independent third party or person appointed to evaluate the damage and investigate the cause of the accident.
“Technical Advisor” means the person who is authorized by Berg 4×4 Rentals to assist or diagnose and guide in the event of a breakdown.
“Accessories” means an item fixed permanently to the vehicle.
“Equipment” means camping or recovery equipment which are loose items in the vehicle.
“Annexure A -Insurance Options” means the options of collision damage waivers available to choose to reduce the excess.
“Collision Damage Waiver” means paying a daily rate to reduce the excess.
“The Payer” means the person who is paying for the rental and/or deposit who is not the renter.
“Off-Road” means driving anywhere where no recognized roads, tracks or path is obvious.
“Restricted Road” means any road that is closed temporarily or permanent or is restricted from the contract.
“Communication Group” means a WhatsApp communications group that will be used for communications between Berg 4×4 Rentals, the renter, drivers and technical advisors.
“Negligence” means failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, or failure to observe.
“Cosmetic damage” means damage that has no impact on the structure or function of the vehicle, but has different purposes like safety, protection or comfort and renter being equally liable for cosmetic damages.
“Insurer” means the independent company who underwrites the peril of vehicle use at a premium, subject to terms and exclusions.
“Undercarriage” means the part of a moving vehicle that is underneath the main body of the vehicle.
35. ACCEPTANCE AND SIGNATURES
I, the renter, undersigned with my signature hereto understand that the agreement (Terms and Conditions of Rental Version 9.2024) is binding. I confirm that I have read and understood the content of the agreement, and that I accept the responsibility and obligation for the terms contained herein.
I agree to take care of the vehicle and confirm that I am aware of the safety and maintenance requirements of the vehicle.
I confirm that I have exercised my freedom of choice to enter into the agreement with Berg 4×4 Rentals.