Terms of Service
RentMyRide Terms of Service
The terms are legally binding on you, so it’s important that you read and understand them.
Below are the general terms that apply to all users of the RentMyRide (Pty) Ltd (RentMyRide) marketplace (“Platform”), as well as those terms that apply specifically to owners and to renters.
As stated on the RentMyRide website, when you register to make use of the site, this constitutes acceptance of the Agreement (“Registering”, “Signing up”). If you have any questions for us concerning the Agreement or RentMyRide generally, please contact us at email@example.com
Thank you for registering with RentMyRide!
The RentMyRide Team
Terms of Service
The following terms apply to each person who registers on the RentMyRide platform (“marketplace”) and may be updated without prior notice.
- Registration and Verification: When you sign-up for the services offered by RentMyRide, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). You undertake to provide complete and accurate information to RentMyRide. RentMyRide may use third party services to verify the information you provide to us and to obtain additional related information where applicable and you hereby authorize RentMyRide to request, receive, use and store such information for a reasonable period of time as set out in POPIA. RentMyRide may accept or reject your registration application at its discretion for any reason. Before a car goes out on rental, it is the responsibility of the owner to make sure a renter’s driver’s license has been verified by RentMyRide. Driver’s licenses must also be verified once the renter picks up the vehicle from the car owner to make sure the renter’s driver’s license is still valid and the person is who they say they are. If a Driver’s License is not verified by an Owner RentMyRide cannot accept responsibility for renters driving without a valid driver’s license.
- Your Commitments: You undertake that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by RentMyRide. You further undertake that you have the legal right to enter into this Agreement and to use the marketplace. You confirm that your activities with RentMyRide will not violate anyone else’s rights. You also agree to comply with all applicable laws and regulations of South Africa.
- Protection: In addition to the terms set forth in Sections 17 and 30 below, during the applicable rental period (i.e. “the scheduled start time of renter’s reservation”, “booking” through to their return of the car to the owner), RentMyRide will provide comprehensive insurance for the car, as well as liability insurance for third party property damage arising from use of the car. The liability insurance is contingent to any other valid and collectible owner claims and insurance that may be available to the renter. Insurance amounts and other details may be found in the RentMyRide user policies and FAQ sections. Car owners and renter are obligated to read more about our platform and explanation of damage claims.
- Termination: You may discontinue your use of the RentMyRide marketplace at any time and RentMyRide may terminate your access to the RentMyRide marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and RentMyRide may retain and continue to use, for its own internal purposes, any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement, and all of those terms will survive any termination of this Agreement. No cancellation fees will be charged to any RentMyRide marketplace users for terminating their account.
- Disclaimer of Warranty and Limitation of Liability: This Agreement describes all of RentMyRide’s obligations in the event of any loss or damage resulting from your participation in the marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format: RentMyRide provides a marketplace that enables car rental between car owners and car renters. RentMyRide does not provide car rental services and is not responsible for any of the acts or omissions of any of the users of its marketplace. The car manufacturer or any third party provider of services (eg: in-car GPS or other systems). Except as expressly provided in this agreement, RentMyRide hereby disclaims any warranty of any kind with respect to the cars and other products and services provided by or through RentMyRide, whether such warranties are express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose and non-infringement. RentMyRide makes no warranty that the service will be uninterrupted or secure or that any defects or errors will be corrected. Use of the service and any cars rented through the marketplace is at your own risk. No advice or information, whether oral or written, obtained by you from RentMyRide will create any express warranty. In no event will RentMyRide be liable to you for indirect, consequential, exemplary, special or incidental damages, even if advised of the possibility of such damages. Other than RentMyRide’s insurance as described in this agreement, RentMyRide’s liability under this agreement, whether based on breach of warranty, contract, tort (including negligence) or otherwise, will in no event exceed the amount of the renter’s deposit amount. RentMyRide is not liable for outstanding debt owed to owners. Any additional fees owed to the owner exceeding the renter’s deposit amount will be handed over to RentMyRide’s appointed debt collection agency and any funds received through this agency will be paid over to the owner of the vehicle.
- No Agency: RentMyRide does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of RentMyRide and RentMyRide will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.
- No License: The RentMyRide marketplace contains copyrighted material, trademarks, and other proprietary information, all of which are individually and collectively protected by copyright laws and other intellectual property laws in South Africa and internationally. Except as part of the intended use of the RentMyRide marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for the content provided by users through the RentMyRide marketplace, RentMyRide and its licensors own all of the content presented through the RentMyRide marketplace. All rights are hereby expressly reserved.
- General: This Agreement states the entire understanding between you and RentMyRide concerning your participation in the marketplace supersedes any verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without the advance written consent of RentMyRide. You will remain responsible for your obligation. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will remain in full force and effect. RentMyRide must agree to any modification or waiver of any term of this Agreement in writing. RentMyRide’s failure to exercise any right under this Agreement will not constitute a waiver of any other right RentMyRide may have. This Agreement and any related claims or disputes are governed by and construed in accordance with the laws of South Africa.
Terms for Renters
The following Sections 12-22 apply if you rent a car using the RentMyRide marketplace:
- Fees and Losses: You authorize RentMyRide to charge any cards recorded on your account for all amounts due, including but not limited to, security deposits, admin fees, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for the payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fees, admin fees) incurred during the rental. Failing this and non-payment of a booking extension, failure to pay for damages, cross border crossings, you authorize RentMyRide, its car owners, and 3rd party legal teams to charge 10% per month on any monies due and to take judgment against you with costs and without prior notice.
In addition, RentMyRide’s protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the RentMyRide user policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the RentMyRide marketplace. You agree that in the event damage is reported, RentMyRide may immediately charge you up to the amount for the cost of repair, where no 3rd party was at fault, During the applicable rental period (i.e., “the scheduled start time of renter’s reservation”, “booking” through to their return of the car to the owner), the renter is liable for the excess payment regardless of whether the accident/loss was caused by a 3rd party. Nothing in this Agreement is intended to limit your responsibilities or RentMyRide’s legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace). The renter gives authority to RentMyRide to charge for any additional damage or costs as set out in this agreement that exceeds the deposit amount paid by the renter to their card/payment method used for their car rental payment on RentMyRide’s partner’s website (www.paygate.co.za) to process the payment.
You acknowledge that RentMyRide requires and hold a deposit as part of the car rental and that RentMyRide will return this deposit 7 business days after the end of the rental period if no new rentals have been activated by the renter during this period and if there were no additional costs the renter was liable for as stipulated in this agreement e.g. insurance excess, uninsured damages to vehicle, extra kilometers, cleaning fees, missing fuel, delivery charges, etc. see the trip checklist
When a renter wishes to extend their current rental period and there are any outstanding amounts against the renter’s account, RentMyRide will require the renter to top up their deposit amount so that the renter has paid for a full deposit at the start of their extended rental period.
- Use of the Car: When you rent a car through RentMyRide, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service). No Cross Border travel, or 4×4 trailing as sport.You may not access a car until the beginning of your paid rental period and you must return the car on time and to the correct location. You must exercise reasonable care in your use of the car. In the event RentMyRide has any concern about your use of a vehicle, RentMyRide may terminate your reservation at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the car and to require that all of your passengers wear seat belts as well. You are also required to meet any laws or regulations concerning car seats, speed limits and other protections for young passengers and as determined by the road traffic act of South Africa.
The RentMyRide user policies provide a list of Prohibited Uses of any car rented through the RentMyRide marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact RentMyRide customer service at firstname.lastname@example.org. You will be fully responsible for any claims, loss, or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may nullify insurance coverage and may furthermore nullify any comprehensive insurance or collision protection.
- Condition of the Car: You understand that, unless otherwise specifically noted, the cars offered through the RentMyRide marketplace are owned by third parties and are not owned or maintained by RentMyRide. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car during the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify RentMyRide immediately to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. The renter and the owner must download the ‘Trip Checklist’ from RentMyRide’s website and jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. The ‘Trip Checklist’ must again be completed by the owner and the renter at the end of the rental period to assess if any new damage has occurred during the rental period. If any new damage is recorded, the ‘Trip Checklist’ must be signed by both owner and renter and be sent to email@example.com the end of the rental period. If you find damage on your initial inspection and fail to report it on the ‘Trip Checklist, RentMyRide may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the RentMyRide team immediately.
- Incident Reporting: You must immediately report any damage to the car you are using to RentMyRide at firstname.lastname@example.org and if there has been a collision, to the police as well. Should the vehicle not be driveable after a collision you must contact the 24 Hour Roadside Assist Service on 0861 003 446 to arrange an authorised tow of the vehicle to a place of safety. When a report is made to the police, the case number of the police report must als be forwarded to email@example.com within 24 hours of the accident. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide RentMyRide with a written description of the incident and any other information RentMyRide may request identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by RentMyRide, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of RentMyRide or the car owner. Failure to timely report an incident may reduce or invalidate the comprehensive insurance from RentMyRide.
- Insurance: In addition to the terms in Section 5 above, you understand and agree that RentMyRide will provide comprehensive and 3rd party liability insurance for the owner which covers any accident damage to the vehicle and any 3rd party property damage for which the renter/owner is held liable and that renters will look to an owner’s policy for coverage in accordance with RentMyRide Policies or pay for the repairs to a vehicle. You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a car on the RentMyRide platform. If RentMyRide advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to RentMyRide’s schedule for repayment of those amounts to RentMyRide.
The renter is liable for the First Amount Payable or excess applicable under the RentMyRide Insurance policy. If the renter’s deposit has been depleted through the use of an insurance claim or any other claims against the renter e.g. excess kilometers the renter will be liable for the balance as well as any additional charges.
- Refund Policy: The renter will be charged for the full reservation cost, regardless of when they return the car. If the vehicle becomes inoperable during the rental period and cannot be fixed within 1 day or a reasonable time frame agreed upon by the owner and renter, the renter will be refunded for the remainder of the rental period and in the process, discontinue the use of the vehicle. A refund will be made within 2 business days after the booking has been cancelled and notification sent to firstname.lastname@example.org and all details of the issue have been confirmed.
- Waiver: RentMyRide provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, RentMyRide and the applicable car owner do not accept liability with respect to your use of the RentMyRide marketplace or the applicable car(s). As such, you waive any and all rights you have to sue or make claims against RentMyRide and it’s respective directors, officers, agents or employees (The “RentMyRide Parties”) and the car owner for any damages or losses arising out of or in connection with your use of this marketplace including, without limitation, a car not being available when it was supposed to be, any malfunction of or deficiency in a car, any breach of warranty or other obligation by any manufacturer or other third party, any personal injury or property damage suffered by you or any of your passengers and, in the case of the RentMyRide parties, any actions or inaction of the car owner. Your waiver does not extend to any damages or losses resulting from any party’s gross negligence or willful misconduct.
- The Renters understand and agree that if, without lawful cause, the car is not returned on expiry of the rental period, the car may be regarded as stolen, and criminal charges may be laid with the South African Police services without further notification to me.
- The Renter accepts the address set out as my Domicilium citandi et executandi for the service of any legal process. In the event of any legal action being instituted against me for recovery of any amount whatsoever, I shall be liable for all legal costs incurred including, admin costs, 10% receipt fee on each instalment paid. If the matter is defended, I will be liable for legal costs incurred on an attorney/client scale. Once my account has been handed over, there will be no further correspondence entered into with RentMyRide. All correspondence will be with RentMyRide’s appointed debt collection agency. The Renters is undersigned, hereby choose my address as I stated on the Rentmyride website as my domicilium citandi et executandi for all purposes under this agreement.
- By my registering on the RentMyRide Market Place I/we digitally agree to all these terms and explanations in the FAQ section of our website and I/we accept that I/we am/are liable jointly and severally for the payment of all amounts due to RentMyRide in term of or pursuant to the rental agreement. I confirm that if payment hereunder is paid by credit card or charge card, my electronic signature shall constitute authority to debit my nominated credit card or charge card with the total amount due.
- Information Given at Registration: When you sign-up for RentMyRide, you will identify a particular passenger car(s) that you want to list for rent through the marketplace. Each car must meet the requirements provided by RentMyRide on the RentMyRide website from time to time. You may only use the marketplace in connection with cars that you own or otherwise have all the necessary rights and permissions to rent out.
- Car Availability: Once you accept a reservation and it is booked, you are required to make the car available as expected by the renter. You must also include the location of the car on your profile page and ensure that the car is available at that location at the beginning of the rental period.
- Rental Fees: You will have the ability to set and revise the vehicle’s rental rates as you choose. RentMyRide will pay you the amount collected from those who rent your car, net of the applicable fees payable to RentMyRide, as well as any taxes or similar charges that RentMyRide collects. You acknowledge that RentMyRide’s fees may change from time to time. The fees that apply to you will be the same as posted on the RentMyRide website at the time of the applicable rental. Payment to the owner from RentMyRide will be initiated on the 25th of the month and will include all relevant amounts earned from the 20th of the previous payment month up until the 19th of the current payment month; provided that RentMyRide may impose reasonable minimums for each payment. To the extent you owe RentMyRide money for any reason, RentMyRide also reserves the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. RentMyRide will need certain information from you to ensure we can report income paid to you as required by law. RentMyRide may withhold payments until we have received that information from you.
- Refund Policy: If the vehicle becomes inoperable during the rental period and cannot be fixed within 1 day or a reasonable time frame agreed upon by the owner and renter, the renter will be refunded for the remainder of the rental period, from the moment the vehicle became inoperable, and in the process discontinue the use of the vehicle.
- Maintenance: You are required to regularly check your car for any defects in its operations or safety and have your car inspected as described here. You promise that, at all times, your car will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If RentMyRide believes that your car does not conform to reasonable standards, RentMyRide will notify you and reserves the right to refrain from listing your car on the marketplace until its concerns have been resolved. It is the owner’s responsibility to make sure the renter does not go over the vehicle’s service interval.
- Decals: RentMyRide may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to your car while you participate in the marketplace. RentMyRide will provide instructions for the removal of those labels or decals in connection with any termination of your participation in the marketplace.
- Event Reporting: If you believe that a renter has caused any damage to your car, you are required to document this damage, with the renter, on the “Trip Checklist” that was used to record outgoing damage at the start of the rental. Any new damage must be recorded on the “Trip Checklist” and signed by both renter and owner in order to qualify for cover. The “Trip Checklist” must be sent, signed or not signed, to email@example.com immediately after the return of the vehicle. In any event, with each break in a rental activity, you need to inspect your car and report any damage that you believe was caused by a renter. Based on its investigation, RentMyRide will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If it was, RentMyRide will Assist the owner to process an insurance claim for the damages caused during the rental period. Such assistance being subject to the renter & owner fully cooperating with the relevant parties.
- Physical Damage: Subject to all of the terms of this Agreement, during each rental period, RentMyRide’s comprehensive insurance will cover the risk of accidental loss or damage to the vehicle or to any third party property caused by the vehicle.
RentMyRide will retrieve the cost of any first amount payable in terms of the insurance policy from the renters deposit and if the renter’s deposit is depleted, we will invoice the renter for the balance and attempt further collection practices on a “best attempt service”. If the renter refuses to pay or we are unable to retrieve the funds from the renter, we will use RentMyRide’s appointed debt collection agency to retrieve the funds from the renter. RentMyRide will not be liable for outstanding funds that could not be retrieved from a renter for other claims like extra mileage, low fuel or any other damages that occurred to your vehicle.
- Other Insurance and Legal Matters: In addition to the terms provided in Section 5 above, you agree to comply with any and all applicable laws and regulations. More information is available in our FAQs. With respect to any insurance policy procured by RentMyRide for your benefit, you hereby appoint RentMyRide as your proxy solely for the purpose of filing claims, receiving payment, and otherwise administering that policy. Your vehicle is insured through RentMyRide whilst it is out on rental only. We recommend that you retain your own insurance on the vehicle to protect it whilst it is not under rental. You must inform RentMyRide promptly in the event information as previously provided changes. Except with respect to losses to be paid by RentMyRide as described above, you will be fully responsible for any losses or damages suffered by any party as the result of your activities under this Agreement.
- Waiver: RentMyRide provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, RentMyRide and the applicable car renter do not accept liability with respect to your use of the RentMyRide marketplace. as such, you waive any and all rights you have to sue or make claims against rentmyride and its respective directors, officers, agents, or employees (the “rentmyride parties”) and the car renters for any damages or losses arising out of or in connection with your use of this marketplace including, without limitation, a car not being available when it was supposed to be, in the case of the rentmyride parties, any actions or inaction of the car renter.
- Vehicle Returns and Pickups: It is the responsibility of the owner to report to RentMyRide if a vehicle was not returned on the last day of the rental period which will be up to the last day the renter paid for. RentMyRide will not be responsible for rental charges if the vehicle was not reported as being returned to the owner. RentMyRide will not be responsible for any liability if the vehicle is damaged after the last day of the renter’s rental period where the owner did not report to RentMyRide the car was not returned by the renter. RentMyRide is not responsible for any rental charges or take any liability if an owner hands over a vehicle to a renter if the renter did not pay for the rental yet. The owner will receive an email and SMS from RentMyRide to confirm that the renter has paid for the car before the renter will be able to take possession of the car. Owners must check the renter’s driver’s license in order to confirm the identity of the renter. RentMyRide will not be liable for cars that were handed over to a person that is not the renter.
- Fines: When you list your car, your personal particulars and vehicle details are in most instances sent for registration to our partner Trafico, where you can manage fines for free and pay all your fines in one place, As the car owner, you will need to finalize your Trafico account by following the email prompts from them to gain access and to view your account.Although we assist with fine management during a rental, RentMyRide are not liable for the payment thereof, and in turn we will not deduct or pay the fines on your behalf from renters’ deposits.
Your free account must be active with Trafico in accordance with their terms and guidelines and it is the owner’s responsibility to check their registration, while your RentMyRide profile and vehicle listing must be fully complete and information entered correctly to avoid disappointment.
- NON-COMPETE AGREEMENT between RENTMYRIDE (PTY) LIMITED REGISTRATION NO. 2014/065765/07) and The User
- The platform user, its shareholders, directors, employees, agents, representatives and assigns hereby irrevocably agree as follows:
- That should a RentMyRide customer signify his/her/its intention to rent a vehicle owned by the platform user, the platform user will not, under any circumstances, utilise the contact thereby established through the platform to persuade or negotiate with the RentMyRide customer, to deal directly with it, whether by use of the platform or otherwise and to the exclusion of RentMyRide.
- Similarly, should the RentMyRide customer propose that the platform user deal directly with it, the platform user shall be obliged to inform the RentMyRide user that it is contractually bound not to contract independently with the RentMyRide customer based on the provisions of this non-compete agreement.
- Should RentMyRide suspect or become aware of the fact that the platform user is or may be contravening the provisions of this agreement and the covenant by the platform user that it will not unlawfully compete with RentMyRide by poaching or otherwise seeking to solicit business based on the platform from RentMyRide, the platform user shall be obliged to provide its fullest cooperation to RentMyride in establishing any breach of the provisions hereof.
- Should it be established to RentMyRide’s reasonable satisfaction that the platform user has breached any of its obligations under this agreement, RentMyRide shall become entitled, as pre-liquidated damages, to payment of the sum of Fifty Thousand Rand (R50 000.00) in respect of each instance in which the platform user is found to have breached the terms hereof in respect of any RentMyRide customer.
Terms for Owners
The following Sections 23-35 apply if you rent out your car through the RentMyRide marketplace: