General terms and conditions for motorcycle rental
of the company Enduro Offroad Tours cc. t/a Enduro Namibia
1. Conclusion of the rental contract
1.1 With your booking you bindingly offer the company Enduro Namibia the conclusion of the travel contract.
1.2 The booking can be conducted per internet booking form, in writing, verbally or telephonically. It is made by the applicant and includes all participants listed in the booking, for whose contractual obligations as well as his own the applicant is responsible, as long as he has taken a relevant separate obligation by an explicit and relevant statement.
1.3 The rental contract becomes legally effective once Enduro Namibia has accepted the booking. The acceptance can be informal. During or immediately after entering into the travel contract the company Enduro Namibia will submit / hand over the booking confirmation.
1.4 Should the content of the booking confirmation not comply with the content of the booking a new offer from the company Enduro Namibia is existent, to which we are bound for the duration of 10 days. The travel contract materialises on the basis of this new offer, should you formulate your acceptance within this period of commitment to the tour operator. The acceptance of the travel contract can also be effected by paying the agreed deposit of the tour price.
2. Rental rates and terms of payment
2.1 The rental fee is based on the agreement in the rental contract and the valid pricelist published on the internet respectively and includes service and maintenance and insurance and Mileage.
2.2 When taking over the motor bike a deposit in form of a credit card voucher has to be lodged. The cancellation of this voucher is effected within 48 hours after the return of the motor bike including accessories and equipment where applicable, when after cleaning and thorough inspection no damages or losses have been determined.
2.3 The deposit lodged by the lessee serves as compensation of all claims of the lessor to the lessee resulting from the rental agreement or from a binding booking. The lessor has the right to collect from the credit card voucher all claims resulting from the rental agreement or from a binding booking.
2.4 With the conclusion of the rental agreement a 15 % prepayment of the rental price becomes payable. The remaining sum is due at least 30 days before taking over the vehicle.
2.5 If less than 30 days remain between entering into the rental agreement and the take over of the vehicle, please pay the full rental price immediately.
2.6 The following cancellation fees apply:
Up to 30 days before departure 15%
29. to 14. days before departure 25%
13. to 07. days before departure 50%
06. to 01. days before departure 95%
no show 100%
3. Rental conditions
3.1 Vehicles will only be rented out to persons or companies, who are in possession of an ID and a driver's license valid for the particular vehicle or who engage a driver with a valid driver's licence respectively.
3.2 The minimum age of the driver is 25 years.
3.3 With the taking over of the vehicle an indemnity form has to be signed.
4. Cross border utilization
4.1 Written permission is required from the lessor when travelling into foreign countries.
4.2 The lessee is obliged to inform him/herself about the currency-, tariff- and traffic regulations of the country of intended visit and to adhere to these. The lessee is liable for all damages (damages of the vehicle, confiscations, etc.) which occur during travelling in foreign countries, even if not at own fault.
5. Take over
5.1 When taking over the vehicle the lessee acknowledges that it is in a roadworthy, ridable and clean condition and does not show any deficiencies. The acknowledment also goes for the amount of fuel in the tank, accessories and especially all tools and extras, if applicable.
5.2 Should the lessee claim that unrecognisable deficiencies existed at take over, he/she has to prove this.
5.3 When taking over the vehicle the lessee has to, additionally to the deposit, pay the applicable excess rate for the vehicle in cash or by credit card voucher (see § 7.2).
6. Rental period, return of vehicle
6.1 The lessee is obliged to return the vehicle after expiry of the rental period to the rental office of the lessor or any other location stipulated in the rental agreement. The lessee has to return the vehicle in the same condition it was at the take over, except for the normal wear and tear during the rental period of the vehicle.
6.2 The return can only take place during normal trading hours. Should the lessee return the vehicle at the rental office before expiry of the rental period and outside of the lessor's trading hours, the rental period will end, at the earliest, at the beginning of the trading hours of the next working day or with the personal acceptance by the lessor.
6.3 A reduction or extension of the rental period needs the explicit approval of the lessor. An extension of the rental period is only allowed with the permission of the lessor and prior to the expiry of the rental period.
6.4 In case of an extension of the original rental period stipulated in the rental agreement the applicable rental fees for the extension period have to be paid before the extension period begins. The full amount of the rental deposit stipulated in the rental agreement has to continue to be at the lessor's disposal.
6.5 In case of an unauthorised extension of the rental period by the lessee or untimely payment the lessor has the right to immediately or at his own discretion repossess the vehicle from the lessee and to return it to the rental office at the lessee's costs. When a vehicle is not returned in time the lessee is entirely liable for all third party liability and insurance claims occuring after the expiry of the rental period.
6.6 Should the lessee exceed the rental period and thus cause damage to the lessor for not being able to provide the vehicle for a booked rental, the lessee is liable for the complete rental loss resulting thereof.
6.7 If the vehicle an keys are not returned in time the lessor has the right to request a contractual penalty of 100.00 €, additionally to the daily rate for every commencing day of which the vehicle or the vehicle documents and keys are being withheld.
6.8 After the return to the rental office the vehicle will be cleaned and checked for deficiencies / damages. The lessor has the right to claim deficiencies / damages within 48 hours after the return of the vehicle.
7. Insurance cover
7.1 The vehicles are insured with at least an overall third party insurance cover for insuries, damage of property and financial damage with unlimited cover, as well as comprehensive cover with excess.
7.2 The excess has to paid by credit card voucher at the time of take over of the vehicle. The amount of the excess is based upon the insurance option chosen in the rental agreement.
7.3 The lessee is liable for a self or excess payment (both in full and/ or in part) to the value of the deposit paid on receipt of the motorcycle, so long as the accident or damages or losses were not caused due to major negligence on the part of the lessee.
8.Usage of the vehicles
8.1 The lessee has the right to use the rented vehicle with due diligence. The lessee is allowed to transport persons and goods at his own risk, except for commercial purposes for others, according to the designated use of the rented vehicle and the legal regulations (road traffic act etc.), taking into account the permissible load of the vehicle.
8.2 Driver, fellow passengers and other transported goods and luggage are not insured. The lessor is not liable for claims resulting from transportation.
8.3 The use of the motor bike on uncharted roads/tracks/paths or offroad is prohibited as well as to trespass.
9. Particular obligations of the lessee
9.1 The lessee or anyone stipulated as driver in the rental agreement is the only one allowed to navigate the vehicle.
9.2 The lessee is obliged to handle the vehicle with care and to be concerned about its maintenance. This includes the constant inspection of roadworthiness and operating safety (oil and water level, tyre pressure, brake function, slack of chain, proper locking of steering lock, etc.)
9.3 The lessee is responsible to properly safeguard the vehicle against theft and has to park it in a garage or at a safe place at night. In the case of the vehicle being inoperative en route all measures are to be taken to safeguard and monitor the vehicle.
9.4 It is prohibited to use the rented vehicle for racing or sport events, as well as for towing other vehicles.
9.5 Should the vehicle not be returned to the location stipulated in the rental agreement the lessee is obliged to refund the return.
10. Accidents and other damages
10.1 The lessee is accountable to the lessor for all damages incurred to the vehicle during the rental period, especially for:
a) repair costs,
b) loss of value,
c) costs for legal advice and possible expert's reports, etc.
10.2 Has a limitation of liability for costs of repairs been agreed upon in the rental agreement its extend will be listed under "Special arrangements". In this case the lessee is only liable for insurance costs up to the amount stipulated. The liability if the lessee for rental loss according to § 6, loss of value and other costs for legal advice, remains unaffected hereof.
10.3 This limitation of liability does not include fire damage, theft and other damages as well as damages incurred due to negligence.
10.4 In case of an accident the lessee is obliged to render all necessary information for clarification to the lessor, the insurance company and the police. In case of traffic accidents the police and the lessor are to be informed and a case number from the police has to be obtained and submitted to the lessor.
10.5 The obligation to indemnity if the lessee does not apply insofar as an indemnifiable third person accepts and complies with his obligation to indemnity or is able to do so.
11. Liability of the lessor
11.1 The lessor is not accountable to the lessee for damages - regardless of the nature and the legal ground.
11.2 The disclaimer according to § 11.1 applies for injuries to life, body and health of the lessee and not for damages based on deliberate or negligent breach of duty by the lessor or persons employed by him to perform the contract.
11.3 In the case of other damages the disclaimer according to § 11.1 only becomes effective for damages that are not based on deliberate or negligent breach of duty by the lessor or persons employed by him to perform the contract.
12. Other agreements
12.1 Verbal supplements to the rental agreement are not valid. Further agreements must be made in writing.
12.2 The lessee is not permitted to set off against counterclaims. This does not include requirements established as final or indisputable. The right of retention is excluded as far as it is not based upon this contractual relationship.
15. Invalidity of certain terms
The invalidity of certain terms within the rental agreement does not cause invalidity for the whole rental agreement.
16. Lessor / Seat and jurisdiction
Enduro Offroad Tours cc. t/a Enduro Namibia
P.O. Box 90256 Klein-Windhoek
Windhoek
Namibia
Place of jurisdiction: Windhoek, Namibia
Date: Mai 2009