Terms
DEFINITIONS. "Agreement" means all terms and conditions found on both sides of this form, any addenda or any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this agreement, any authorized Driver and any person or organization to whom charges are billed by us on the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this agreement. "We," "our" or "us" means Local Travel Car Rental Namibia (abbreviated LTN) identified on Page 1. "Authorized Driver" means you and any additional driver approved by us and listed by us on this agreement, provided that person has a valid driver's license and is at least twenty-three (23) years of age. "Vehicle" means the automobile identified in this agreement and any substitute and all its tires, tools, accessories, equipment, keys, and vehicle documents. "Physical damage" means all damage to, or loss of, the Vehicle caused.
RENTAL. This agreement is a contract for the rental of the Vehicle. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT REGARDING THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
CONDITION AND RETURN OF VEHICLE. You must return the Vehicle to the pre-agreed location in Windhoek or Swakopmund, or other location we specify on the date and time specified in this agreement and in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. Vehicles must be returned in a good condition, cleaned and refueled and failure to do so means that LTN reserves the right to deduct appropriate funds from the security deposit. No smoking or vaping is allowed inside the vehicles and will be subject to a cleaning fine.
RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE. You are responsible for all damage to or loss of the Vehicle, diminution of the Vehicle's value caused by damage to it or repair of it, missing equipment, and all administrative costs we incur due to damage to, or loss of, the Vehicle regardless of whether or not you are at fault, unless this responsibility is otherwise limited by law. You must report all accidents or incidents of theft and vandalism to the nearest police station as soon as you discover them. You must also report all accidents, theft and damages involving the vehicle to LTN immediately.
LIABILITY INSURANCE. You are responsible for all damages or losses you cause to others. It is a condition of Local Travel Namibia that you have travel insurance for travelling in Namibia. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. Giving the vehicle to an unauthorized driver terminates our liability insurance coverage, if any. You will indemnify, defend, and hold us harmless from all liability, costs and attorney fees arising out of use of the Vehicle that are in excess of, or excluded from, the protection provided you, if any, under the policy.
CHARGES. You will pay us on demand for all charges due under this Agreement that are allowed by law, including, but not limited to: (1) time and usage for the period during which you keep the Vehicle; (b) charges for optional extra services, if you elect to purchase any; (c) applicable sales use and other taxes; (d) loss of, or damage to the Vehicle, which is included in the cost of repair of the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus diminution of the Vehicle's value caused by damage to it or repair to it, and our administrative fees incurred for processing the claim; (e) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the Vehicle during your rental, unless these expenses are our fault; (f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre and post judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement.
DEPOSIT. Your booking is only considered confirmed and guaranteed upon receipt of 25% non-refundable deposit. Should deposit not be received by the required due date, your car hire booking will be automatically cancelled. Final amount is due before arrival in Namibia. Pending the insurance waiver that you have selected, a security deposit/hold on card will be reserved on collection of the vehicle to cover for eventualities like damages, refuel charges, insurance excess and other expenses incurred by the renter.
BREACH OF AGREEMENT. If you breach this agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach, unless otherwise provided by law.
MODIFICATIONS. No term of this agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must contact us to confirm availability and additional payment will be required before extension can be guaranteed.
MISCELLANEOUS. No waiver by us of any breach of this Agreement will constituted a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Unless prohibited by law, you release us from any liability for consequential special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us are merged into this agreement.
RENTAL AGREMENT VIOLATIONS. You agree to properly operate this vehicle. If any of the following acts are committed, any coverage provided to you will be voided: (a) Operation of the Vehicle by an unauthorized driver; (b) Violation of any provision of this Agreement while operating the Vehicle; (c) Driving while intoxicated or under the influence of drugs, alcohol or other substances which would impair driving ability; (d) Reckless driving of the Vehicle to include, among other things, exceeding the designated speed limits on public roads, exceeding LTN's recommended speed limit of 80km/h on all gravel roads, driving on roads prohibited by LTN which include ephemeral river systems (Huab, Ugab and other soft-sanded, off-road river routes), dangerous passes such as Divorce Pass or Van Zyl's Pass, distances exceeded prescribed refuel locations, beach driving, dune driving (including Sandwich Harbour and Skeleton Coast), all driving off prescribed routes (this is very damaging to Namibia's fragile flora), to transport weight in excess of the vehicle's maximum payload capacity, where insufficient clearance or height or width exists, improper loading; (e) Transporting more passengers than number of seat belts or transporting passengers outside of the passenger compartment; (f) Using the Vehicle to participate or act or assist in any activity that violates any law, rule, or regulation; (g) Using vehicle to carry persons or property for hire; (h) Using Vehicle to engage in an organized or any other speed contest; (f) Using Vehicle to tow or push any other vehicle, trailer or other object; (j) Operation of Vehicle by person who has used false or misleading information to obtain the Vehicle; (k) Operating the Vehicle outside Namibia; (l) Leave the Vehicle and fail to remove the keys or close and lock all doors, windows, and the trunk, leave valuables in plain sight to encourage break-ins, and the vehicle is stolen.