Notwithstanding anything to the contrary contained in the agreement, Hambanathi may terminate this agreement at any time by notice (verbal or in writing) to the renter, whereupon the renter shall return the vehicle to Hambanathi immediately. The obligations of the renter and the rights of Hambanathi under this agreement shall continue in effect until the vehicle has been returned to Hambanathi and the renter has complied with all his obligations.

The rental charges payable by the renter for the use of the vehicle shall be calculated at the rates as specified. In determining the rental charges, the distance traveled by the vehicle shall be determined from the vehicles odometer, where this is not possible shall be calculated on any other fair and reasonable basis as agreed by the renter and Hambanathi.

During the rental period the vehicle may not be used for the conveyance of either passengers or goods for reward, the transportation of goods in contravention of any customs laws or in any other illegal manner, in any motor sport or similar high risk activity, beyond the borders of the territory (unless otherwise agreed), or in any other area where there is or may be a risk of incidents of civil unrest, political disturbance or riot. The renter shall make adequate provision for the safety and security of the vehicle and in particular, shall keep the vehicle properly locked and secured and immobilized and the burglar alarm activated and any anti-theft device supplied properly secured. The renter shall ensure that the keys of the vehicle are under the control of the renter/additional driver at all times.

During the period of the rental, the vehicle may not be driven by any person other than the renter himself, other than a suitably qualified additional driver that has been listed as an additional driver on the rental agreement. The vehicle may not be driven by any person who is not 23 years of age and hasn’t held a valid driver’s license for 5 years.

The vehicle shall be at the sole risk of the renter throughout the rental period. The renter shall be liable for any loss or damage to the vehicle and any other expenses incurred in recovering the vehicle during the rental period, regardless of how the damage arose. Liability for loss or damage shall be limited only in the instance that the respective insurances have been accepted on the rental agreement, and shall be limited to the amount reflected as Responsibility on the rental agreement, and only in the case where no breach of contract has occurred.

Breach of this contract occurs but is not limited to, when the vehicle is not returned by the renter as per above, the vehicle is driven by a person not listed as an additional driver, or the loss or damage giving rise thereto occurred in a situation where:

• No other vehicle, animal, object or person was involved,
• The vehicle was being driven on a road that was unsuitable for the intended manufacture of the vehicle
• The vehicle was being used for a purpose prohibited as per 5 above
• The vehicle was driven by any person whose blood alcohol concentration exceeded the limit permitted by any applicable law or regulation
• The vehicle was being driven by a person without a valid driver’s license
• The renter breaches any material term or condition of this agreement.

Should breach of contract occur, and if the vehicle is damaged or stolen, the renter shall become liable for the total repair costs or replacement costs as applicable.

Should accident or collision occur or the vehicle or any part thereof stolen, the renter shall obtain/perform the following:

• He shall notify Hambanathi immediately or within 3 hours of the occurrence
• He shall obtain the names and addresses of everyone involved and any possible witnesses
• He shall notify the police within 24 hours of the occurrence

Neither Hambanathi Vehicle Hire CC nor any of its directors, members, officers, employees, servants or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the rental by the renter 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 Hambanathi to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract, which may be suffered by the renter and or any third party and or passenger.

Hambanathi, its directors, members, officers, employees, servants or agents are accordingly indemnified by the renter or his estate against any claim of any nature whatsoever and howsoever arising for any damages or loss which might be instituted against it arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.