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Avis Van Rental Trailer rental terms and conditions

1.1 “agreement” means the RA read with these terms;
1.2 “Avis Van Rental (“AVR”)” means the entity indicated on the face of the Rental Agreement (RA);
1.3 “collection and return date period” means the period from the time the Renter takes delivery of the trailer until its return to AVR;
1.4 “day/daily" means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the RA;
1.5 “rental period” means the rental period recorded on the RA;
1.6 “Renter" means the person or entity depicted on the RA as renting the trailer(s);
2.1 AVR rents the trailer(s) to the Renter for the rental period subject to the provisions set out herein.
3.1 The Renter shall be liable for the rental fee recorded on the RA.
3.2 If a deposit is payable, it must be paid before taking possession of the trailer. If the deposit was taken as an authorisation on a credit card, AVR will instruct the bank to reverse the authorisation when the trailer is returned. Such reversal may take a few days to appear on the Renter’s credit card. Any deposit refunded /returned will be subject to deductions as provided for in this agreement.
4.1 The Renter will only use the trailer for purposes of transporting materials/ goods that do not cause damage to the trailer, fair wear and tear excepted.
4.2 Each trailer has a weight restriction recorded on the trailer and the Renter warrants that such weight will at no time be exceeded during the rental period.
4.3 The renter is responsible for and warrants that it will check and adjust the tyre pressure of the trailer if required (to the correct and required pressure for the intended use) for the duration of the rental period.
4.4 Only the Renter may use the trailer during the rental period and the trailer may not be lent or rented out to any third party, whether gratuitously or for a fee;
4.5 Only the vehicle which passed the compatibility test with the trailer at time of collection/ check out may be used to tow the trailer during the rental period.
4.6 During the rental period the trailer must be used in accordance with the road traffic regulations and any other relevant laws, it is specifically recorded that the trailer may not be used to transport convey goods in violation of any custom laws.
5.1 The trailer is deemed to be in good working order once the Renter takes possession thereof.
5.2 In the event that the Renter detects any material defects in the trailer, AVR must be notified immediately. Thereafter and unless AVR directs otherwise, the Renter must immediately cease using the trailer.
6.1 The Renter may not cause any repairs to be done to the trailer without first obtaining AVR's written consent.
6.2 AVR shall be entitled to recover any repair costs from the Renter which is not attributable to normal wear and tear.
7.1 The Renter must return the trailer at the end of the rental period or, if the rental is cancelled for any reason, on the date of cancellation. Failure to do so will cause the Renter to be liable for the daily rental fee on the RA until the return of the trailer to AVR.
7.2 Should AVR agree that the trailer may be returned to an AVR location other than the AVR location it was collected from a one way fee will be charged to the Renter. The one way fee will be charged at the applicable rate at time of rental as it appears in the rate sheet.
7.3 In addition to the above, if the trailer is not retuned within 48 hours after expiration of the rental period and the RA has not been extended formally by AVR then:
7.3.1 the deposit will be forfeited to AVR;
7.3.2 AVR is entitled to bring legal action against the Renter without further notice;
7.3.3 the trailer will be deemed stolen and AVR shall, in addition to its contractual remedies, be entitled to lay criminal charges against the Renter;
7.3.4 the Renter hereby authorises AVR or its duly authorised agent to remove the trailer from any person in possession of it and from any premises or property where it may be located.
8.1 AVR may terminate this agreement at any time by notice to the Renter and the Renter will be required to return the trailer to AVR immediately.
8.2 The obligations of the Renter and the rights of AVR under this agreement remain intact until the trailer has been returned to AVR and the Renter has complied with his obligations in terms of this agreement.
9.1 Save for allowing for reasonable wear and tear in the normal and responsible use of a trailer, the Renter must return the trailer in the same condition as when the Renter took possession thereof.
9.2 After taking possession of the trailer, the Renter shall be liable to AVR for any damage to or loss of a trailer or part thereof (Including tyres) while the trailer is not in possession of AVR, irrespective of how the damage or loss arose, and whether as a result of the Renter's fault or negligence or not.
9.3 For purposes of this clause, AVR shall in its sole discretion determine, on an objective and reasonable basis, whether a trailer has sustained damage and its determination shall be final and binding.
9.4 AVR shall not be liable for any harm, damage or loss caused by the trailer to the Renter or third parties during the rental period, irrespective of how such harm, damage or loss occurs. For the avoidance of doubt, AVR will under no circumstances be liable for any damage to or loss of goods transported on the trailer. The Renter indemnifies AVR against any harm, loss or damage caused to third parties as a result of the use of the trailer.
9.5 The renter is liable for all fines and/or penalties incurred during the rental period and hereby authorise AVR to disclose any information required by a relevant authority to process any fine incurred during the rental period.
10.1 The RA 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 not recorded by AVR except as provided for herein.
10.2 The Renter designates his/her/its physical address recorded on the RA as the address for service of legal processes.
10.3 AVR designates its premises at the time of concluding this agreement as address for service of legal processes.
10.4 Any indulgence or leniency by AVR does not affect the right of AVR to enforce this agreement.
10.5 All of the provisions of the RA shall be severable and no provision shall be affected by the invalidity of any other provision of the agreement. If any part or portion of the RA has been deemed to have been struck out and/or be declared a prohibited practice or the like in terms of any legislation, the effect of which is to adversely affect the rights of AVR to receive payment of any nature or enforce