These are the full terms of the rental agreement you enter into when you hire a Jimny from us. For the practical booking rules — cancellations, refunds, what to bring and how payment works — see booking conditions and cancellations, and everyday questions are answered on our support page.
Jimmy’s rents the vehicle to the Renter, who hires the vehicle subject to the terms and conditions as set out herein. The Renter will be bound by these terms and conditions, whether he was driving the vehicle or not.
2.1. Delivery of the vehicle takes place at the time the Renter takes possession of the keys and/or the vehicle.
2.2. The vehicle shall be deemed to have been delivered in good order and repair and without any damage to amongst other things the paintwork, upholstery and accessories (unless such damage is recored in writing and signed by both parties under ‘vehicle condition report’ on the Rental Agreement). Any damage not so recorded will be for the account of the Renter.
2.3. All vehicle rental extras shall be deemed to be in good working order unless otherwise advised by Jimmy’s at either the rental counter or within 24 hours of receipt.
3.1. The vehicle may only be utilized for the renal period or any extended period.
3.2. The Renter agrees that any extension so noted on the Company’s records would correctly reflect such extended period.
3.3. The vehicle may only be driven by the Renter or Additional Driver.
3.4. During the rental period, the vehicle may not be used for: (1) for the conveyance of passengers and/or goods for payment; (2) to properly or tow any vehicle (including a caravan or trailer unless authorized by Jimmy’s in writing); (3) to transport goods in violation of any customs laws or in any other illegal manner; (4) in any motor sport or similar high risk activity; (5) beyond the borders of the Western Cape or South Africa; or (6) in any area where there is or may be risk or incidents of civil unrest, political disturbance or riot or any activity associated with any of the mentioned.
3.5. The Renter or Additional Driver shall make adequate provision for the safety and security of the vehicle including but not limited to that, the vehicle shall (1) be kept properly locked; (2) secured and immobilized; (3) have the burglar alarm (if any activated and (4) any anti-theft device in the vehicle properly secured and in place when the vehicle is not in use.
3.6. The Renter will make sure that they keys of the vehicle are under his control at all times.
3.7. The Renter agrees to use the Vehicle Rental Extras in a careful, lawful manner and for its intended purposes only.
3.8. The functionality, operation and hop time of certain Vehicle Rental Extras are entirely dependent on third party service providers, their licensors and other service providers and Jimmy’s takes no responsibility for any downtime and the operation thereof.
3.9. Jimmy’s does not guarantee the use of and functionality of VOIP applications and unlimited coverage.
3.10. Jimmy’s will at all times remain the owner of the vehicle.
4.1. The Renter shall return the vehicle at the Renter’s expense to an authorized representative of Jimmy’s on the agreed return date, time and at the agreed renting location reflected on the Rental Agreement.
4.2. The Renter acknowledges that failure to return the vehicle in terms of the agreement shall constitute unlawful possession by him, and Jimmy’s may repossess the vehicle wherever it may be found and from whomsoever is in the possession thereof. Any costs incurred in recovering the vehicle as well as the cost of any additional rental delays will be for the account of the Renter.
4.3. Should the vehicle not be returned as indicated in 4.1. above, any waiver option become null and void for the entire contract period.
4.4. Should the vehicle not be returned as indicated in 4.1. above, the vehicle may be reported as stolen to the relevant authorities.
4.5. The vehicle shall be returned undamaged, in good order and the vehicle in roadworthy condition, fair wear and tear excepted.
4.6. If the Renter returns the vehicle to the Cape Town location, the Renter shall:
4.7. The vehicle and all the risk relating to the rental will remain the responsibility of the Renter until Jimmy’s has recorded the return of the vehicle.
5.1. Irrespective of anything to the contrary stated in this Rental Agreement, Jimmy’s shall be entitled to end this agreement without any explanation at any time by notice (oral or in writing) to the Renter, and when this happens the Renter shall return the vehicle to Jimmy’s Immediately.
5.2. If the Renter fails to return the vehicle to Jimmy’s, Jimmy’s shall be entitled at any time to retake possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Renter and the rights of Jimmy’s under this Rental Agreement shall remain in force until the vehicle has been returned to Jimmy’s in terms of this Rental Agreement and the Renter has complied with all his obligations. Any costs incurred in recovering the vehicle will be for the account of the Renter.
6.1. Irrespective of what else this Rental Agreement states, the vehicle may not be driven for the duration of the Rental by any person under the age of 18 and/or who has not been in possession of a valid driving license for 1 year.
6.2. The Renter warrants that (1) the vehicle will never be driven by any person whose blood alcohol concentration exceeds the limit permitted by any law or regulation, (2) or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance, (3) every driver of the vehicle will have a valid and non-suspended unendorsed driving license to drive the vehicle, (4) will comply with all the applicable laws and (5) will comply with all of the provisions of this Rental Agreement.
6.3. If the vehicle is driven by anyone other than the Drive or Additional Driver (irrespective of which other rights or remedies Jimmy’s may have), the Renter shall remain liable for all of his obligations in terms of this Rental Agreement as if he has been driving the vehicle; and
6.4. The Renter warrants that (1) he is entitled and authorized to enter into this Rental Agreement, (2) that all particulars given to Jimmy’s and/or recorded on the Rental Agreement are true and correct.
7.1 The Renter agrees to pay Jimmy’s the rental rates plus all other charges and fees opted for or utilised by the Renter up and until the vehicle is returned, including but not limited to miscellaneous charges, tourism levy, call out fee, Claims Administration Fee, roadside assistance, Contract Fee, Traffic Fine Administration Fee, Rental Overdue Administration Fee, one way fee, delivery fee, collection fee, Collision Damage Waiver Fee, Theft Loss Waiver Fee, Windscreen and Tyre Waiver, fuel, toll fees, Additional driver(s) fee and/or all taxes due and payable on rental rates, other charges and fees. Valet Fee levied on vehicles returned that require a valet cleaning.
7.2. In determining the rental charges, the distance travelled by the vehicle shall be determined from the vehicles odometer, or If this is not possible for any reason, by Jimmy’s in its sole discretion, on any other fear and reasonable basis and the Renter shall be obliged to provide all such information and assistance as Jimmy’s may require for that purpose. If the odometer has been tampered with the kilometers traveled will be deemed to be 500km per day.
7.3. The Renter shall be liable for all fines, penalties and similar expenses including but not limited to parking, traffic and other offenses, as a result of the use of the vehicle during the rental period and the Renter accordingly indemnifies Jimmy’s against all such liability.
7.4. Vehicle Rental Extras booked or elected will be subject to a minimum liability of R2,500 in the event of loss or damage thereof. One way fees may apply and may be charged in respect of Vehicle Rental Extras.
8.1. All payments are due on demand, but at the latest on expiry of the rental period. All charges payable by the Renter shall be paid by credit card or in cash on the termination of the rental period unless the Renter has a valid account with Jimmy’s or Jimmy’s requires all or any charges to be prepaid in advance.
8.2. The Renter will not be allowed to deduct or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
8.3. The Renter remains liable for the payment of any and all amounts due which are not paid or settled in full by the issuer of the card.
8.4. If Jimmy’s has agreed to accept payment by the Renter by credit card, the Renter’s signature on the Rental Agreement will constitute authority for Jimmy’s to obtain authorization and/or payment. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to Jimmy’s (including but not limited to any damages or loss suffered by Jimmy’s)
8.5. In the event that the Renter returns the vehicle to Jimmy’s before the date due on the Rental Agreement, the Renter shall pay either the usual rates and charges applicable to the period and/or kilometers actually uses, or the rates and charges as if the full rental period and/or kilometers occurred, at the sole but reasonable discretion of Jimmy’s.
8.6 In the event of an accident and/or if the vehicle is stolen and/or lost, the amount of the damages, the total loss as suffered by Jimmy’s or the amount reflected on the Rental Agreement is payable on such terms as imposed by Jimmy’s at its sole but reasonable discretion.
8.7. If any amount is not paid on due date, Jimmy’s may without prejudice to any rights it may have and subject to the provisions of there National Credit Act charge interest on the overdue amount at the applicable prescribed legal rate or prime plus 3% or whichever is the higher, and in the sole discretion of Jimmy’s.
8.8. A certificate of any Director, Manager, Accountant of Jimmy’s, whose capacity need not be proved, as to any amount owed by the Renter to Jimmy’s shall constitute prima facie proof of the amount due.
9.1. The vehicle is at the sole risk of the Renter (fair wear and tear excepted) from the moment the key for the vehicle is handed to the Renter until such time as Jimmy’s has recorded the return of the vehicle in the terms of clause 4.
9.2. The Renter shall be liable for any damages and/or total loss sustained to the vehicle any howsoever the damage and/or loss is caused and whether or not it is attributable to his fault or negligence (including but not limited to hail damage). The above liability may be reduced by the Renter by choosing to buy one or more of Jimmy’s non-compulsory Collision Damage or Theft Loss Waiver products (“option” which are subject to the terms stated below. The acceptance or decline of the options referred to, are contracted for and indicated on the Rental Agreement.
9.3. If any of Jimmy’s Waivers are selected, the Renter’s liability will, in respect of Jimmy’s loss or damage, be limited to the amount indicated on the face of the Rental Agreement in respect of each and every incident, provided there was no breach of Jimmy’s Waivers and/or is in breach of the terms and conditions of this Rental Agreement.
9.4. Should the Renter decline any of Jimmy’s Waivers and/or is in breach of the terms and conditions of this Rental Agreement the Renter will be liable for the cost of Jimmy’s loss or damage.
9.5. The Renter shall be liable for the first R12,000 of Third Party Damage, where after Jimmy’s will settle the difference, up to a maximum of R6m. Liability for any amount in excess of R6m will rest on the Renter. Save for liability in excess of R6m as set out above, the Renter’s total liability arising from any single incident, whether for damage to the Vehicle, Third Party Damage or both, shall not exceed R12,000.
9.6. Jimmy’s may charge the Renter either the actual amount of the loss or damage suffered, or any reasonable amount, it its sole discretion, if the loss or damage has occurred in a situation where no physical contact is made with another vehicle or animal or object or person (in or on the road surface used) irrespective if waivers were opted for.
9.7. If the vehicle is damaged, stolen or lost in a situation where there was a breach of any of the terms and conditions of this agreement, the Renter will be liable for the total loss and/or damage suffered by Jimmy’s irrespective if Waivers were opted for.
9.8. Standard, Super and/or Maximum Collision Damage and/or Theft Loss Waiver do not cover;
9.9. The Renter is liable for all fines and/or penalties incurred during the rental period and hereby authorise Jimmy’s to disclose any information required by a relevant authority to process it.
9.10. Notwithstanding anything in this agreement, Jimmy’s shall not be obliged to make, institute or proceed with any claim which Jimmy’s may otherwise have had against a third party for the recovery of any loss or damage to it in connection with the vehicle and accordingly, Jimmy’s shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
9.11. Renters Risks and Liabilities
“The Renter shall be solely responsible for all fines and penalties incurred in terms of the Administrative Adjudication of Road Traffic Offenses Act, 1998 (Act 46 of 1998), as amended, including all Regulations published and promulgated in terms thereof from time to time (“AARTO”) in respect of the vehicle, including any demerit points associated with any traffic offense alleged to have been committed by the driver of the vehicle. Where a fine is directed to Jimmy’s in respect of any offense under AARTO, Jimmy’s shall redirect such fine to the Renter, who shall bear sole responsibility for the settlement thereof. In the event that the Renter disputes the commission of the offense or his/her liability in respect thereof and/or denies that he/she was driving the vehicle at the time of the alleged commission of the offense, it shall be the responsibility of the Renter to redirect the fine to the person who the Renter believes was responsible for the commission of the offense. The Renter indemnifies Jimmy’s against all losses, costs and penalties which Jimmy’s may suffer arising from any offense committed in terms of AARTO by any driver of the vehicle during the period of the rental.”
If the rental rate includes personal accident insurance the Renter will be covered by a personal accident insurance policy and other accompanying arrangements (if any) obtained by Jimmy’s for his benefit but subject to all the terms and conditions of that policy and the other accompanying arrangements (if any). The Renter acknowledges that Jimmy’s itself shall not under any circumstances have any liability to it under that policy or the accompanying arrangements (if any). Details of the policy and/or brochure and details of the other accompanying arrangements, (if any) are available for inspection at Jimmy’s offices and the Renter shall be deemed to be aware of and accept all the terms and conditions of the policy and the other arrangements, (if any).
Details of the Third Party Liability Cover, covered by an insurance arrangement, is available at the rental location and on Jimmy’s website (www.jimmyscarhire.com). The Renter shall be deemed to be aware of and accept all the terms and conditions of the TPLC.
12.1 If at any time the vehicle is damaged, stolen, or lost, the Renter and/or Authorised Driver shall take every reasonable precaution to safeguard the interest of Jimmy’s including but not limited to, the following where appropriate:
12.2. If the Renter is not the Driver, then, without in any way reducing the Renter’s obligation in terms of clause 12, the Renter shall ensure that the Driver complies with the provision of 12.1 and the Renter warrants that the Driver will do so.
12.3. The Renter shall within 24 hours of receipt thereof furnish to Jimmy’s (And if the Renter is not the Driver, the Renter shall also ensure that the Driver does) any notice of claim, demand, summons or the like which the Renter or the Driver may receive in connection with the vehicle.
12.4. The Renter and/or the Driver warrants that the information completed in Jimmy’s Damage/Incident Report form as referred to in clause 12.1.1 will be complete, true and correct in every respect.
13.1. Neither Jimmy’s not any of its directors, officers, employees shall be liable for any loss or damage (including any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, as a result of or otherwise arising from the rental by the Renter of the vehicle provided such loss or damage was not caused as a result of negligence of Jimmy’s.
13.2. Jimmy’s, its directors, officers employees (“it”) are accordingly indemnified by the Renter or his estate against any claim of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from or connected with or as a result of the renting of the vehicle contemplated in these terms and conditions.
The Renter and every person whose signature appears on the Rental Agreement shall be liable jointly and severally for payment of all amounts due to Jimmy’s in terms of or pursuant to the Rental Agreement.
15.1. The Rental Agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representatives, warranties, promises or the like not recorded by Jimmy’s except as provided for herein.
15.2. All of the provisions of the Rental Agreement shall be severable and no provision shall be affected by the invalidity of any other provision of this agreement. If any part or portion of this Rental Agreement has been deemed to have been struck out and/or be declared a prohibited proactive or the like in terms of the Competition Ace, the Consumer Protection Act, the National Credit Act or other legislation, the effect of which is to adversely affect the rights of Jimmy’s to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same position as they were before or as similar to that as possible.
15.3. No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a waiver or otherwise affect the party’s rights in terms of this Rental Agreement. It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof any time and without notice.
15.4. The Renter authorises Jimmy’s to insert any vehicle and rental rate particulars in the Rental Agreement that are not known or are unavailable at any time of signature.
15.5. This Rental Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.
15.6. The parties consent to the jurisdiction of the Magistrates Court, should Jimmy’s, at its election, bring legal proceedings in the Magistrates Court, irrespective of whether the amount involved exceeds the jurisdiction of the Magistrates Court. The parties further agree that Jimmy’s may institute any such action or proceedings in any division of the High Court that may have jurisdiction it its sole discretion.
15.7. The Renter shall not be entitled to red any of his rights or assign any of his obligations under this Rental Agreement or to rent to part with possession of the vehicle, its tools or equipment or any part of it.
15.8. If Jimmy’s institutes any legal proceedings against the Renter it shall be entitled to recover from the Renter all the legal costs it occurred with its own attorneys in accordance with their then usual charges and assessed as between attorney and own client including but not limited to collection commission and tracing agent charges.
15.9. The Renter chooses the address specified on the Rental Agreement as his domicilum citandi et executandi (I.e. address for service of all legal proceedings).
15.10. Jimmy’s shall be entitled to carry out a credit check on Renter with one or more credit agencies who may retain a record thereof and Jimmy’s shall be entitled to record any default by the Renter with any credit agency. Such record may be made available by the credit agency to third parties, in which case Jimmy’s shall not be held liable/responsible for any repercussions such disclosure may have on the Renter. The Renter agrees that Jimmy’s may disclose any information obtained by it as a result of the conclusion and/or breach of the Rental Agreement, including personal and additional information, to any person, including credit bureau.
15.11. The Renter acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to enter alia, record speed and other information relating to the vehicle rented. Jimmy’s shall be entitled to use such information (including in court proceedings) as it deems fit.
15.12. Mobile data is subject to the Regulation of Interception and Provision of Communication Related Information Act (“RICA”) and when purchasing data you are deem to have read, understood and accepted all third party service provider rights and obligations under RICA.
15.13. Notwithstanding anything to the contrary, the Renter explicitly, authorises Jimmy’s to make use of any and all personal information provided by Jimmy’s for the purposes of tracing and recovering (which includes triangulation of cellular phones, in accordance with inter alia RICA Act 70 of 2002) any vehicle that is not returned to Jimmy’s at the agreed time and date reflected on the Rental Agreement.
