+26 773 736 581 | +26 771 738 458 | +27 714 632 614 WhatsApp info@chobe4x4.com

Adventure Bots Pty Ltd Trading as Chobe4x4

TERMS & CONDITIONS OF RENTAL – 4×4 EQUIPPED VEHICLE RENTALS

01 August 2020 – 31 DECEMBER 2022  (Issue date 13/09/2020) V3

Standard Rates for Dailey Vehicle Hire is inclusive of the following:

• Unlimited kilometers
• Airport / Hotel Transfers (Within 25kms from primary depots)
• 2 x Drivers (third, fourth and fifth driver charged separately)
• Living, kitchen & sleeping equipment
• Full water tank and gas bottle(s) on pick up[
• Standard Excess Insurance Cover (US$3000 excess will charge to the Hirer credit card)
• 12% in Botswana VAT
• Credit Card Fees
• Emergency assistance (08h00 – 22h00)
• In-car GPS Tracks For Africa

Standard Rates Exclude:
• Super Cover with a security deposit of US$231

Minimum Rental Duration and Costings
Minimum rental period: 1 day. Vehicle rentals are calculated on a per calendar day basis, i.e. day of pick-up or drop-off is always counted as a full day irrespective of what time it is collected or dropped off. A Rental day is not calculated on a 24hr cycle.

Depots
Primary:
Botswana: Kasane
Botswana: Maun
Secondary:
As per the attached schedule – charges apply

Office Hours: Rental Locations
Monday to Saturday: 08h00 – 16h30 (last handover at 15h00, last return at 16h00)
Sunday: 08h00 – 13h00 (last handover at 11h00, last return at 12h00)

After Hour surcharge applies at a cost of US$38 per collection or returns outside of the normal Office hours. After hour operations are as follows:

Sunday: 13h00 – 16h00
Public Holidays 08h00 – 16h00

(Late returns will be charged on a per-day basis)
All branches are closed on 25 December (Christmas Day)

1. Collection

Vehicle handover can take approx. 2-3 hours, depending on the questions asked and client feedback. This involves a thorough explanation and demonstration of the vehicle and its equipment. Kindly note that signing the vehicle condition report is an acceptance of the condition of the vehicle. CHOBE4X4 must be notified within the first 24 hours of collection (clutch damage within the first 3 days of collection) should the renter experience any glitches, problems, malfunctions, or discomfort. No consideration will be given to claims against such experiences, and no compensation or liability for lost time will be given if issues are only reported on the return of the vehicle. Rental days lost due to a vehicle that has been collected after the agreed date will not be credited.

2. Return

When returning the vehicle, please set aside an hour for the vehicle and equipment to be checked. Although we request that the vehicle be returned with a full fuel tank, as a courtesy to the next renter our representatives will take the vehicle to our refueling station to ensure that the vehicle is full. Should top-ups be required, the fuel amount will be deducted from the renter’s nominated credit card. Vehicles must be returned clean, in order for the vehicle check-in to be done. Vehicles returned excessively dirty will be charged a cleaning fee of US$150,00. Any vehicles returned later than the agreed return date, or outside of normal office hours (without prior arrangement), will be charged at a full day’s rental per calendar day.

• The company reserves the right to charge a cleaning fee of US$150, 00 in the event that the rental vehicle is returned in an extremely dirty condition. The company at its sole discretion reserves the right to determine whether a vehicle is extremely dirty in a true and fair manner. An extremely dirty rental vehicle will include but is not limited to when the rental vehicle/s possible damages cannot be assessed properly. The Engine and Engine bay should never be cleaned.

• The renter knows and understands that no smoking in the rental vehicles is allowed and that a fee of US$ 500,00 will be charged to remove any fumes or smells caused by smoking from the rental vehicle.

3. License

A valid USA, EB, or RSA or an ENGLISH international driver’s license for vehicles less than 3500kg, is required. China (CCP) Mainland licenses are not considered valid licenses.

4. Minimum Age

The minimum age permitted to rent is 23 years and the maximum is 75 years.

5.Toll Policy

For all rentals departing and/or returning to our Johannesburg depot will be charged a fee of US$38 per rental agreement. This fee will be included in your quotation when applicable. Toll tags are installed in all our vehicles. These tags are debited with gantry levies in Gauteng, and also open gates on debit at toll gates on the major roads in Botswana that carry the Toll logo.

6. Liability Options:

CHOBE4X4 offers 2 liability cover options, namely, Standard & Super Cover. This cover is NOT a personal liability cover but covers for damage to our vehicles and/or 3rd party property only. Details below:

The insurance covers the Chobe4x4 vehicle and third party only. It does not cover any injuries, personal damage whatsoever.

Standard Cover
This cover carries an excess of US$3000.00 which is applicable in the event of an accident or damage to either our vehicle or third party property. This excess of US$3000.00 is pre-authorized on the renter’s Visa or MasterCard credit card at the time of collection. Funds will only be deducted from this amount, should the renter return the vehicle and/or equipment in a damaged condition or for any 3rd party damage. Should the vehicle be damaged beyond use or stolen a replacement vehicle is not included in any of the insurance coverage options. A replacement can be supplied but a new contract applies and all costs are for the Hirers account. Or in breach of this agreement.

If no claims exist, this excess is released within 21-30 working days from the date of return, by the renter’s financial institution. Standard liability cover does not include repair to or replacement of tyres and windscreens.
Exceptions to standard cover:
Double standard excess applies for single-car accidents.
Rollovers are not covered by any insurance cover.
Water damages and secondary damage, therefore, are not covered by any insurance cover.
Suspension damage and secondary damage, therefore, are not covered by any insurance cover

Super Cover
A daily rate is charged per day as per your quotation/rental agreement the charge is
Age USD per day
24-35 Not Available
36-45 60.00
46-55 50.00
56-75 40.00

This cover is a no excess cover and is applicable to the vehicle and third party property damage and includes the cost of replacing or repairing windscreens, rims & tyres, radio theft, and recovery costs. A security deposit of US$231 is pre-authorized on the renter’s Visa or MasterCard credit card at the time of collection to ensure that the vehicle is returned to the agreed location, on the agreed date, in a clean condition and no items are lost or damaged. Should the vehicle be damaged beyond use or stolen a replacement vehicle is not included in any of the insurance coverage options. A replacement can be supplied but a new contract applies and all costs are for the Hirers account.

The security deposit is fully refunded within 21-30 working days, after dating of return, should all the terms and conditions be adhered to.

Exceptions to super cover:
Double standard excess applies for single-car accidents this will be charged to the hirer’s credit card.
Rollovers are not covered by any insurance cover.
Water damages and secondary damage, therefore, are not covered by any insurance cover.
Suspension damage and secondary damage, therefore, are not covered by any insurance cover

7. Claims Handling Fee

A handling fee of US$38. is charged on all damage/accident claims irrespective of the liability cover option taken.

8. Accidents:

Single vehicle accidents are included in all liability cover options, except in the case of roll-overs. In case of damage to the vehicle rented, the following will apply:

The incident:

All accidents and or Vehicle Theft must be reported to CHOBE4X4, and by law, to the Local Police within 24 hours. An AR (accident report) or case number from the police must be obtained at the time of reporting the incident. This proves that the accident has been registered. Failing to report accidents may void all liability cover and the Renter becomes fully liable for all costs. We advise that you take as many photographs as of the accident scene and also obtain the third party details when applicable. These can be recorded on the reverse side of the rental pack envelope supplied to you on collection. We also suggest you take a photograph of the driver’s licenses of the persons involved. An accident report which is provided in the RENTAL PACK must also be completed. These documents and records of evidence will be submitted to CHOBE4X4 in order to process the incident.

Procedure:
Contact Chobe4x4 immediately in the event of an accident or theft on +26773736581.
Complete the below Damage & Theft report form, hand into Chobe4x4office within 24hrs.
All incidents must be reported to the police within 12hrs and a case number must be obtained.
Insufficient details on the Damage & Theft report form may result in waivers being negated.

The vehicle:

The renter is responsible for the recovery of the damaged vehicle to the original rental branch depending on the liability cover option taken. A replacement vehicle will only be dispatched once payment of all damages/recovery costs to the first vehicle is made. CHOBE4X4 reserves the right to withhold a replacement vehicle; this does not entitle the client to any refund or claims against CHOBE4X4.
If the renter requires a replacement vehicle to be delivered, charges will be levied according to the liability cover option taken on the rental.
If the renter is not able/willing to take a replacement vehicle, no refunds for early termination of the contract will be considered. Should the renter continue with a replacement vehicle, this vehicle will be noted under the current rental contract and standard cover will be applicable. This includes a new US$3000 pre-authorization on the nominated credit card. Super waiver cover is not available on a replacement vehicle.

Should the applicable excess be charged, and should CHOBE4X4 be successful in the reimbursement of that amount by the 3rd party, this amount will be refunded to the renter. This process could take up to three years.

Exceptions & Conditions:

Exclusions of all insurance cover options:

The renter is fully liable for any damage to the CHOBE4X4 vehicle and equipment issued with the Vehicle or third party property if:

• Any terms of the rental contract are breached;
• Damages are sustained whilst the renter/driver is in violation of any traffic laws or ordinances in;
• Damage to the vehicle is caused by negligence, careless, willful, or reckless driving. This includes but is not limited to:
Driving under the influence of alcohol or drugs or prescription medication that does not recommend operating machinery.
Driving on restricted or unrecognized roads, driving off-road for whatever reason including but not limited to driving on dunes, driving on pans, driving through any bush areas, any rocky areas, any water areas even if tracks for Africa shows a disused track or disused off-road track.
Driving over the road ordinance speed limits.
Not adhering to the vehicle height restrictions.
Driving in four-wheel-drive high or low range on tar or asphalt roads.
Damage is incurred due to incorrect use of the diff lock.
Damage due to not adhering to the owner’s manual provided in each car.
Related to water submersion or saltwater damage.
A vehicle may not go through water higher than 40cm in depth.
Smoking in the vehicle.

• The vehicle was driven in a country in which written approval was not obtained from CHOBE4X4;
• If the vehicle is abandoned and no contact is made by the Hirer to CHOBE4x4 Rental within 3 calendar days.
• Damage is incurred due to incorrect use of the hand brake;
The damage is to the clutch (An allowance of up to three days after collection is given, in which time a faulty clutch can be reported. Thereafter, it is deemed as the renter’s responsibility). The customer is then liable for:
The cost of the clutch kit is US$1962,00 including VAT and installation;
• Roll-overs are not covered in any liability cover options. A rollover is defined as a vehicle sustaining all types of damage due to it not being on all 4 wheels;
• The incorrect fuel is pumped into the fuel tank and/or fuel in the water tank will incur a US$1539 cost. CHOBE4X4 advises that should this occur, the vehicle is to remain turned off and not started under any circumstances. This reduces the damage caused;
• Undercarriage damages by means of any and all damages including but not limited to the side sills, prop shaft, side shaft, front and rear diff, and exhaust system.
• Fire due to any buildup of vegetation stuck in the undercarriage. The undercarriage should be inspected often to avoid this when driving on tracks, dirt roads, in national parks, and or any untarred road.
• Towing is not permitted under any circumstances.
• Water damages and secondary damage, therefore, are not covered by any insurance cover.
• Suspension damage and secondary damage, therefore, are not covered by any insurance cover

The renter is responsible for any damages or accidents that CHOBE4X4 has not been made aware of on the return of the vehicle. Please note the applicable charges will be charged to the nominated credit card.

CHOBE4X4 is not responsible for any damage or theft to items of a personal nature. Travel and personal insurance are highly recommended.

Outside of, Rules in respect of replacement vehicles (whether due to an accident or vehicle damage)

• In the case of clutch or water damage the following is applicable
The repairs and recovery (towing) costs of the vehicle are the responsibility of the renter. The following recovery/replacement rates will apply:
• Within Botswana: US$0,50 per kilometer
• Outside of Botswana: US$01,00 per kilometer

• Should a replacement vehicle be required, CHOBE4X4 will replace the vehicle within 24 hours in Botswana and 60 hours outside Botswana borders.
• A new pre-authorization for the standard cover excess, will be blocked on the nominated Visa or MasterCard credit card for the replacement vehicle.

9. ENTIRE AGREEMENT / NON-VARIATION

This document contains the entire agreement between the renter and the Company, and neither party shall be bound by any undertakings, representations, warranties, promises, or the like not recorded herein. No variation, alteration, or addition to, or omission from this agreement is valid/binding unless reduced to writing and signed by the renter and an authorized employee of the company. Any clause which is declared unenforceable or invalid, for any reason whatsoever, by a competent Court, shall be severable from the remaining provisions of the agreement and shall not affect the validity of these provisions.

10. DOMICILUM CITANDI ET EXECUTANDI

The Renter chooses the address stated on the face of the agreement as a registered/legal address. The Company chooses its registered address of Chobe4x4 Kasane Airport Kasane Botswana

11. JURISDICTION

This agreement will be governed by and interpreted in accordance with the laws of Botswana.

12. GOVERNING LAW

The company and the renter hereby agree and consent that this rental agreement will be governed and be enforced in terms of the applicable Botswana laws.

13. CONSENT TO JURISDICTION

The renter and the company both consent to the jurisdiction of the Botswana Court, notwithstanding the subject matter or cause of action involved, or irrespective of whether the claim may exceed the jurisdiction of the court of Botswana

14. LEGAL COSTS AND/OR EXPENSES

In the event that the Company incurs expenses in recovering any monies due to it from the Renter or any other person arising from this agreement, the renter will be liable for any costs and expenses incurred in doing so, on the attorney and own client scale, including but not limited to collection commission and tracing fees and necessary disbursements.

15. JOINT AND SEVERABLE LIABILITY OF AUTHORISED DRIVERS

In terms of this agreement the renter and /or any authorized driver may be held jointly and severable liability towards the company towards all monies due and owing to it in terms of this agreement.

16. AUTHORIZATION TO CREDIT SEARCH AND CONFIRMATION

The Renter hereby consents and authorizes the Company or its nominated representative to undertake any inquiry the Company deems fit about the Renters credit and or criminal record with any credit bureau, credit agency, and/ or another third party to confirm details of the Renter as and when the need arises.

17. AIR-CONDITIONING

The air-conditioning supplied in the cabin of the vehicle is designed to be used in Southern African weather conditions. In regions where the temperatures reach in excess of 30 degrees Celsius, or the humidity is higher than 60%, the unit may not work as effectively. This is normal and does not constitute grounds to request a replacement vehicle. Whenever the vehicle is stationary or idling for prolonged periods, the cabin air-conditioner must be switched off to prevent damage.

18. DUST INGRESS

Namibia and Botswana are predominantly arid desert regions and the majority of secondary routes traveled, are on dust or gravel roads. It is not possible to make vehicles dust-proof and therefore refunds or claims for any dust ingress of any nature, will not be considered.

19. PAYMENT

CHOBE4X4 does not accept CASH or CHEQUE as payment in any way.
Valid Visa and MasterCard credit cards, payments are accepted for rentals.
Pre-authorization: CHOBE4X4 only accepts valid Visa and MasterCard credit cards that are embossed, in order to place the pre-authorization for liability cover/security deposits and excesses.
The holder of the credit card needs to be present at vehicle collection.
CHOBE4X4 is not responsible for any currency fluctuations that may occur in any transactions. FULL PAYMENT must be received 14 days prior to the date of collection.

20. EQUIPMENT

All vehicles are supplied with equipment (unless otherwise agreed upon). Our liability cover options do not cover any equipment supplied with the vehicle. Any loss or damage to the equipment including items such as GPS SD cards, fridges, compressors, tents, etc. will be charged to your credit card. Should any of your equipment malfunction during the rental period, CHOBE4X4 is not liable to provide a replacement vehicle. Repairs can be made according to clause 24 named Vehicle Repairs.

21. ROAD RESTRICTIONS

4×4 Equipped vehicles are allowed to be driven on public bitumen/tar roads or gravel roads as well as on public recognized 4×4 tracks in Botswana. CHOBE4X4 does allow our vehicles to enter the following countries Zambia, Kenya, Angola, Malawi, or Tanzania with special written permissions and insurances. It is highly recommended to avoid driving before sunrise and after sunset. It is forbidden to drive off-road for whatever reason and this will render any and all insurances null and void and will breach the terms and conditions of this contract.

22.CROSS BORDER DOCUMENTATION

Please consult Chobe 4×4 if you would like information on what is allowed as well as rates as regards border crossings.

23.VEHICLE REPAIRS

It is possible that during your rental, small repairs may be required due to the nature of the terrain. Repairs of up to US$100.00 may be affected without prior authorization from CHOBE4X4 and such repairs will be reimbursed, on the submission of a claim with original receipts attached. US$100.00 will require verbal/telephonic approval from CHOBE4X4 on-road assistance. (The numbers are provided in your rental pack). Should approval not be obtained the claim may be disputed. Should a call-out fee be charged by a supplier to replace a tyre, approval must be obtained from your collection branch. Should permission be granted by CHOBE4X4 for an overnight stay in a lodge, due to repairs, a maximum allowance of US$100 per night per vehicle is granted for a maximum of one night in Botswana, and two nights outside of Botswana.
Should a replacement vehicle be required due to a mechanical fault not due to negligence, CHOBE4X4 will replace the vehicle within 24 hours in Botswana and 60hrs outside of Botswana, at no extra cost to the renter.

24. KEYS

CHOBE4X4 must be informed of keys lost or locked inside a vehicle. The replacement or recovery of keys is for the renter’s account. CHOBE4X4 cannot be held liable for any time/days lost and/or accommodation or any other costs incurred, due to the replacement or recovery of keys.

25. TYRES

The renter is responsible for the repairing of flat or punctured tyres. The driver should not exceed the road traffic ordinance speed limits of 120km/h on tarred roads, and 80km/h on gravel/sealed or corrugated roads. For your safety, CHOBE4X4 recommends a speed of 100km/h on tarred roads, and 60km/h on gravel/sealed or corrugated roads, and 40km/h in National Parks.

Tyres get hot and pressures increase at higher speeds. Tyres are then susceptible to damage, especially on uneven surfaces. When replacing a tyre, please ensure that it is a new tyre of the same brand, size and that it has a ply rating of 4mm or more. Reconditioned, second hand or re-treaded tyres are NOT acceptable. The renter is required to check the tyre pressure when the tyres are cold (i.e. not after traveling for more than 10km), at regular intervals.

All tyres should be checked, including spares. The company’s minimum tread requirement is 4mm which is within the Botswana Road Ordinance limits of 3mm.

26. TRACKING:

All CHOBE4X4 vehicles are fitted with approved tracking devices. Tracking is monitored in all Southern Africa destinations as allowed by CHOBE4X4. CHOBE4X4 reserves the right to repossess the rental vehicle at any time if it is found illegally parked, being used to violate the law, or appears to be abandoned and if the renter is in breach of any terms or conditions of the rental agreement.

27. INFRINGEMENTS

The renter is liable for all fines and penalties in relation to the driver’s use of the vehicle or the vehicle itself incurred during the rental period plus an administration fee of US$50 for each infringement or penalty notice that has been redirected by CHOBE4X4 to the renter.

28. CANCELLATION / NO-SHOW PENALTIES

Cancellations are charged according to the below. Fees in the percentage of the total rental amount. Late collections and/or early returns do not qualify for rental refunds.

25 days before collection Full Refund 100%
24 – 7 days before collection Refund of 25%
7 – 1 day before collection No Refund 0%
No show No Refund 0%

29. FEES – MANDATORY CONTRACT; EQUIPMENT; EXTRAS; ONE-WAY & DELIVERY/COLLECTION:

Extra equipment and fees per the below, are to be booked at the time of reservation or can be requested on collection if required and subject to availability.

MANDATORY ITEMS CHARGE
Contract Fee US$0 per rental
Toll / Admin Fee (charged on all departures or returns in/from Johannesburg.

After Hours Surcharge (for all departures/returns after hours)
US$38.00 per rental

US$38.00 per collection / return
All claims admin fee (payable on claim submission) US$38.00
Traffic fine admin fee (Payable if a fine is levied) US$50.00
Transfers between 25km and 70km of our depot US$31.00

OPTIONAL ITEMS CHARGE:
Baby / Child Seat US$19.00 per rental
Additional Driver US$15.00 per driver from 3rd driver onwards

ONE WAY / DELIVERY OR COLLECTION:
A fee will be charged for any rentals that require a one-way drop-off or collection outside of our primary depots. Price On Request from Chobe 4X4.

30. SUBSTITUTIONS

If, for reasons beyond our control, the reserved vehicle is not available, CHOBE4X4 reserves the right to substitute a comparable or superior vehicle at no extra cost to the renter. This shall not constitute a breach of contract and does not entitle the renter to any form of refund or claim against CHOBE4X4.

31. TAXES & CURRENCY FLUCTUATIONS

12% VAT in Botswana. All rates are quoted in US$. CHOBE4X4 is not responsible for any currency fluctuations that may occur in any transaction. Terms and conditions are subject to change in accordance with changes in government taxes

32. GENERAL

Any claims or legal action in connection with the provision of our services to the client will be governed by the laws of South Africa, Namibia, or Botswana. Any claim or legal action against the suppliers is likely to be subject to the terms and conditions of our contract with them.

• All Locations are charged at US$ daily rates.
• Whilst including the same facilities, some 4×4 equipped vehicles may have different layouts and or equipment types to those shown. All measurements and volumes shown are approximate. The information provided is subject to change without notice.
• Towing is not permitted under any circumstances.
• The information provided is subject to change without notice.

The Hirer acknowledges that he/she is aware of the purpose for which the vehicle was designed, as well as all safety and maintenance procedures. The Hirer is responsible to look after and maintain the vehicle during use and returning the vehicle in good order, fair wear, and tear accepted.

In the event of the vehicle or any of its equipment, belongings tools, spares or broken during use being lost or damaged during the rental period, the Hirer shall be liable to cover the cost of replacement or repair and to make good on any shortages or damages to the vehicle. Insurance cover is included and will cover loss or damaged due to theft and collision damages but not lost items or damages due to carelessness or negligence.

Cross border travel – the written authorization is required for any travel outside of Botswana.

CHOBE4X4 is not responsible for Adhoc fines, levies, or other extraordinary expenditures.

34. The Company is opposed to hunting in all and any forms.

The killing of any and all fauna and flora in any forms whatsoever is legal and or illegal, and as such reserves, the right to cancel this contract and all reclaim charges against the Hirer or passengers of the hired vehicle that transgress the above. The company reserves the right to lay criminal charges against the Hirer and or any passenger of the hired vehicle should the hire transgress any Environmental laws of Botswana. Please note that members of any hunting society, club, or individual will not be approved for renting the vehicles from the company.

35. It is the policy of the company to ensure equal rental opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic.

ALL RIGHTS RESERVED

Rates and terms and conditions of rental are subject to change.