EUROPCAR ZIMBABWE TERMS AND CONDITIONS OF CHAUFFEUR SERVICE
This agreement is between the Renter and C.A.T.C.H. (Europcar Zimbabwe), a division of Central African Truck & Car Hire (Proprietary) Limited, Registration Number 2886/91(referred to as C.A.T.C.H.)
TERMS & CONDITIONS
1. CHAUFFEUR DRIVEN SERVICES
1.1 Europcar Zimbabwe Chauffeur Service (EZCS) hereby provides the client with the service subject to the terms and conditions applicable herein. The client will be bound by these terms and conditions.
2. DEFINITIONS AND INTERPRETATIONS
2.1 In this Agreement, unless the context indicates otherwise -
2.1.1"Chauffeur" means such person who is duly provided and authorized by Europcar Zimbabwe to drive the vehicle as reflected overleaf;
2.1.2"Client" means the person/s, whose name/s appears as the Traveller on the face hereof, whether acting on his/their own behalf or in his/their capacity as agent or in any other capacity for a third party or parties;
2.1.3"Day" means a period of 24 hours (or any part thereof), calculated from the time out as reflected overleaf;
2.1.4"Extend" means any extension of the period during which the chauffeur driven service are to be provided, authorized by Europcar Zimbabwe
2.1.5“Service” means chauffeur driven services, whether consisting of a transfer and/or flexi drive;
2.1.6”Transfer” is a pickup service from one point and drop off at the destination;
2.1.7 “Flexi drive” is a service for a period of time at client’s disposal;
2.1.8"Service Period” means the period between the date and time out and the termination date and time as specified or if such period is extended, the time and date entered on Europcar Zimbabwe records of the period during which the services are to be rendered;
2.1.9" Vehicle" means the motor vehicle described on the face hereof, and includes any replacement vehicle which has been officially authorized by Europcar Zimbabwe, whether or not such replacement vehicle was authorised or approved by the client.
3. BOOKING AND CANCELLATION
3.1 Unconfirmed bookings due to the following reasons will not be dispatched:
3.1.1 Deposit not received prior to the scheduled booking.
3.1.2 Voucher / Official Company Order where applicable has not been received.
3.2 Flexi drive bookings are calculated from depot to depot. The cost of the chauffeurs accommodation and meals is for the clients account. The kms per flexi drive is limited and additional kms travelled will be charged.
3.3 It is the responsibility of the client to advise Europcar Zimbabwe of any changes to flights or details.
3.4 A surcharge will be charged for all weekend, public holidays and after hours booking
4. VEHICLES AND SAFETY
4.1 The vehicle may only be driven by the chauffeur.
4.2 The chauffeur client or any other passenger MUST wear a safety belt before the vehicle is set in motion.
4.3 The vehicle may not be used for any illegal and/or unlawful activities, or any other form of high-risk activities including smoking.
4.4 Corrosive, noxious, hazardous, flammable, explosive, radioactive or other dangerous goods and/or materials, or any goods and/or materials which in Europcar Zmbabwe opinion are likely to cause damage to the vehicle, may not be transported in vehicle.
4.5 Baby seats, child seats or booster seats supplied by Europcar Zimbabwe would need to be fitted by the traveller at time of pick up and in the interests of safety will not be fitted by the chauffeur or dispatcher.
4.6 The number of passengers allowed per vehicle is as follows:
4.6.1. 3 (three) passengers for economy, comfort and executive.
4.6.2. 8 (eight) passengers for MPV (multi purpose vehicle).
4.7 Children and infants are counted as part of the number of passengers.
5. SERVICE RATES, FEES AND CHARGES
5.1 The Client agrees to pay Europcar Zimbabwe the service rates plus all other fees and charges opted for or utilised by the Client as contemplated, including, but not limited to miscellaneous charges, surcharges on fuel, other surcharges, additional chauffeurs, and any other miscellaneous charges and surcharges not specified overleaf.
5.2 Service rates, fees and charges will be calculated for the whole of the duration of this agreement (including any extended period as agreed by Europcar Zimbabwe) at the rates and on the basis set out overleaf, and, including all taxes levied on any amount payable by the Client.
5.3 In determining part of the service rates, fees and charges, the distance travelled by the vehicle will be determined from the vehicle's odometer, or if this is not possible for any reason, by Europcar Zimbabwe in its sole and absolute discretion, or any other fair and reasonable basis.
6. INDEMNITY AND EXCLUSION OF LIABILITY
6.1 Neither Europcar Zimbabwe nor any of its directors, officers, employees, servants, contractors or agents will be liable for any loss or damage (including without limitation, any loss or damage to property left or transported in the vehicle, any loss of life, or any loss of or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle) whether direct, indirect, consequential or otherwise arising from the provision of the services, inclusive of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of Europcar Zimbabwe to detect defects in or mechanical problems with the vehicle. Europcar Zimbabwe, its directors, officers, employees, servants, contractors or agents, are accordingly indemnified by the Client or his estate against any claim of any nature whatsoever, and howsoever arising from any damages or loss, which might be instituted against it arising from or connected with or pursuant to the rendering of the Service contemplated in this Agreement.
7.1 All notices and legal processes in terms hereof shall:
7.1.1 be given to the client at the address set out in the rental agreement (Client’s chosen Domicilium Citandi et Executandi). Any notice posted to client shall be deemed to be received 7 days after posting, unless client proves the contrary;
7.1.2 be given to Europcar Zimbabwe at our head office at our appointed Domicilium Citandi et Executandi at Cnr. St. Patricks and Airport Road, Harare.
7.2 Client hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the jurisdiction of such court. This consent shall not however, prejudice Europcar Zimbabwe in respect of their right to proceed in any court of competent jurisdiction.
7.3 This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by client and Europcar Zimbabwe.
7.4 Europcar Zimbabwe may claim and recover from client on demand all costs and expenses incurred by Europcar Zimbabwe in consequence, directly or indirectly, of any breach by client of this agreement, including attorney-and-own-client costs, collection commission and any related costs.
7.5 A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity thereof.
7.6 This agreement shall be governed by the laws of the Republic of Zimbabwe.
7.7 By client’s signature hereto, the client accept all the charges charged by Europcar Zimbabwe in terms of this agreement.