DRIVE THRU TRAILER HIRE PTY (LTD)

Trailer & Hire Equipment Terms and Conditions

These Terms and Conditions ("Agreement") govern the hire of any trailer, moving equipment, accessories or other rental goods supplied by Drive Thru Trailer Hire Pty (Ltd) ("the Owner", "we", "us" or "our").

By making a booking, collecting any Hire Equipment, or otherwise using our services, the person hiring the equipment ("the Hirer", "you" or "your") confirms that they have read, understood and agree to be legally bound by these Terms and Conditions.

1. Definitions

For the purposes of this Agreement:

"Hire Equipment" means any trailer, hand trolley, hand dolly, straps, ropes, locks, moving accessories, packaging supplies, or any other equipment or goods hired from the Owner.

"Hire Period" means the period commencing when the Hire Equipment is released to the Hirer and ending only once all Hire Equipment has been returned, inspected and accepted by the Owner.

2. Booking and Payment

2.1 All bookings are subject to availability.

2.2 Unless otherwise agreed in writing, full payment is not required to secure a booking. Hirers may elect to make payment by Electronic Funds Transfer (EFT) prior to collection to facilitate a faster collection process.

2.3 The Owner reserves the right to require payment in full before releasing any Hire Equipment.

2.4 A booking does not guarantee the release of Hire Equipment unless all verification requirements contained in this Agreement have been satisfied.

3. Driver and Vehicle Verification

3.1 Prior to collection, the Hirer shall provide accurate and complete information, including:

  • Full name;
  • South African driver's licence number;
  • Residential address;
  • Acceptable proof of address;
  • Towing vehicle registration number (where applicable);
  • Towing vehicle make and model (where applicable); and
  • Any other information reasonably requested by the Owner.

3.2 The Hirer shall present, in person, a valid South African driver's licence together with acceptable proof of residential address before any Hire Equipment is released.

3.3 Hire Equipment shall only be released to the driver or Hirer recorded on the booking unless prior written approval has been granted by the Owner.

3.4 Where a trailer is hired, the towing vehicle collecting the trailer must correspond with the vehicle details supplied during the booking process.

3.5 The Owner reserves the right to refuse to release any Hire Equipment where:

  • the Hirer's identity cannot be verified;
  • the driver's licence is invalid, suspended or cannot reasonably be verified;
  • the towing vehicle differs from the booking information;
  • false, misleading or incomplete information has been supplied; or
  • the verification requirements of this Agreement have not been satisfied.

4. Collection, Return and Hire Period

4.1 The Hirer shall collect and return all Hire Equipment on the agreed collection and return dates and times.

4.2 The Hire Period shall continue until all Hire Equipment has been physically returned, inspected and accepted by the Owner.

4.3 The Hirer shall return all Hire Equipment in substantially the same condition in which it was supplied, fair wear and tear excepted.

4.4 Extensions to bookings are not permitted. Should the Hirer require the Hire Equipment for a longer period, the Hirer shall return the Hire Equipment by the agreed return time and make a new booking, which shall remain subject to availability.

4.5 Failure to return the Hire Equipment at the agreed return time shall constitute a breach of this Agreement and may result in additional hire charges, recovery costs and any other charges permitted by law.

4.6 If the Hirer is unable or unwilling to return the Hire Equipment to the Owner for any reason, the Owner may, at its sole discretion, arrange for collection using its End-of-Service Collection service or another authorised recovery service.

4.7 The Hirer shall be liable for all costs associated with such collection, including the applicable End-of-Service Collection fee, transportation costs, recovery expenses and any other reasonable costs incurred by the Owner.

4.8 The Hirer shall remain liable for all hire charges until the Hire Equipment has been recovered, returned, inspected and accepted by the Owner.

4.9 The Owner shall not be obliged to provide a collection service and reserves the right to determine whether such recovery will be undertaken.

5. Cancellation Policy

5.1 Bookings cancelled before the calendar day of the scheduled collection date shall qualify for a full refund of any payments made.

5.2 Cancellations made on the scheduled collection date, or after the agreed collection time, may be non-refundable.

5.3 Any approved refund shall be processed using the original payment method within a reasonable period.

6. Hirer's Responsibilities

The Hirer warrants and undertakes that they shall:

6.1 Ensure that any towing vehicle is legally authorised, roadworthy and capable of safely towing the hired trailer.

6.2 Ensure that any trailer is correctly coupled and that all safety chains, braking systems (where applicable), lights and electrical connections are securely connected and operational before commencing travel.

6.3 Operate all Hire Equipment safely, responsibly and in compliance with all applicable South African legislation, including the National Road Traffic Act and its Regulations.

6.4 Not exceed the manufacturer's specified carrying capacity or any applicable legal load limits.

6.5 Not use any Hire Equipment for unlawful purposes or purposes for which it was not designed.

6.6 The Hirer must take all reasonable precautions to prevent the theft, loss or damage of the Trailer and any Accessories. The Trailer must not be left unattended on any public street, road verge, parking area, or any other unsecured public place at any time. The Trailer must also not be left overnight in an open or ungated driveway, or in any location that is freely accessible to the public. If the Trailer is kept overnight, it must be stored within a locked, gated and secure private property or other secure facility with controlled access. If the Hirer is unable to securely store the Trailer overnight in accordance with this clause, the Hirer must return the Trailer to the Owner before the Owner's closing time for overnight safekeeping. The Trailer will remain on hire to the Hirer and, subject to the original Hire Period, the Hirer may collect the same Trailer from the Owner when the premises reopen on the following business day. For the avoidance of doubt, leaving the Trailer overnight on a public street, outside a residence, in an ungated driveway, or in any other unsecured location shall constitute a failure to take reasonable precautions under this Agreement. The Hirer shall remain fully liable for any theft, loss or damage arising from such failure.

6.7 Return all Hire Equipment in a clean and reasonably tidy condition, allowing for ordinary wear and tear.

7. Damage, Loss and Repairs

7.1 The Hirer accepts full responsibility for all Hire Equipment from the time it is released into the Hirer's possession until it has been returned, inspected and formally accepted by the Owner.

7.2 Upon return, all Hire Equipment shall be inspected by the Owner.

7.3 If damage is identified during inspection, the hire shall not be regarded as concluded until the Hirer has been informed of the damage and afforded an opportunity to inspect the damage together with the Owner.

7.4 The Hirer shall remain liable for all damage occurring during the Hire Period unless such damage results solely from latent defects or ordinary wear and tear.

7.5 The Hirer shall be liable for all reasonable costs arising from damage caused by, including but not limited to:

  • negligence;
  • misuse;
  • overloading;
  • collisions;
  • reversing damage;
  • theft resulting from negligence;
  • improper coupling;
  • failure to secure loads; or
  • failure to operate the Hire Equipment safely.

7.6 Recoverable costs may include, without limitation:

  • replacement parts;
  • labour;
  • towing;
  • transportation;
  • recovery expenses;
  • inspection costs;
  • administrative costs directly related to the damage; and
  • any other reasonable costs incurred in restoring the Hire Equipment to its pre-hire condition.

7.7 Where damage renders any Hire Equipment unavailable for hire, the Hirer shall also be liable for the Owner's reasonable and demonstrable loss of rental income for the period reasonably required to complete repairs and return the Hire Equipment to service.

7.8 The Hirer shall remain responsible for the Hire Equipment until it has been returned to and accepted by the Owner, irrespective of whether the Owner elects to recover the Hire Equipment using an End-of-Service Collection or other recovery service.

8. Tyres and Wheels

8.1 The Hirer shall be responsible for tyre and wheel damage occurring during the Hire Period, including punctures, impact damage, kerb damage, overloading and misuse.

8.2 Normal wear and tear shall not be chargeable to the Hirer.

9. Accidents, Theft, Breakdowns and Failure to Return

9.1 The Hirer shall notify the Owner immediately, or as soon as reasonably practicable, of any accident, theft, breakdown or damage involving the Hire Equipment.

9.2 Where required by law, the Hirer shall report the incident to the South African Police Service and provide the Owner with the relevant case number.

9.3 No repairs may be authorised without the Owner's prior written approval unless immediate repairs are reasonably necessary to prevent further damage or to ensure public safety.

9.4 Where the Hirer is unable to return the Hire Equipment for any reason, the Hirer shall notify the Owner immediately. Any collection arranged by the Owner shall be at the Hirer's expense, and the Hirer shall remain liable for all hire charges until the Hire Equipment has been recovered, returned and accepted by the Owner.

10. Limitation of Liability

10.1 All goods transported using the Hire Equipment remain entirely at the Hirer's own risk.

10.2 To the fullest extent permitted by South African law, the Owner shall not be liable for:

  • damage to the towing vehicle;
  • damage to any other vehicle;
  • loss of or damage to transported goods;
  • delays;
  • loss of profits;
  • loss of income;
  • business interruption; or
  • any indirect, consequential or special damages arising from the use of the Hire Equipment.

10.3 Nothing contained in this Agreement excludes or limits any liability which may not lawfully be excluded under the Consumer Protection Act, 68 of 2008, or any other applicable legislation.

11. Right to Refuse or Cancel Hire

The Owner reserves the right, at its sole discretion, to refuse, suspend or cancel any booking where:

  • required driver or vehicle information has not been provided;
  • the driver's licence cannot be verified;
  • the towing vehicle differs materially from the booking details;
  • the towing vehicle is unsuitable or unsafe;
  • the driver appears impaired, intoxicated or otherwise unfit to tow;
  • false or misleading information has been supplied;
  • the Hirer has previously breached these Terms and Conditions; or
  • the Owner reasonably believes that releasing the Hire Equipment would create a safety, legal or operational risk.

Any refund following such cancellation shall be determined in accordance with applicable law.

12. Acceptance and Risk

By completing a booking and collecting any Hire Equipment, the Hirer confirms that:

  • all information supplied is true, accurate and complete;
  • they hold a valid South African driver's licence where required;
  • they have read, understood and accepted these Terms and Conditions;
  • they accept full responsibility for all Hire Equipment supplied under the booking from collection until it has been returned, inspected and accepted by the Owner;
  • they understand the risks associated with towing trailers and operating hired equipment; and
  • they are satisfied that the Hire Equipment is suitable for its intended purpose at the time of collection.

13. Reservation of Rights

13.1 The Owner reserves all rights relating to the provision of its hire services.

13.2 The Owner may amend these Terms and Conditions from time to time. The version in force at the time a booking is confirmed shall apply to that booking.

13.3 No failure or delay by the Owner in exercising any right under this Agreement shall constitute a waiver of that right.

13.4 If any provision of this Agreement is held to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

13.5 This Agreement constitutes the entire agreement between the parties relating to the hire of the Hire Equipment and supersedes all prior representations, understandings or agreements relating thereto.

14. Governing Law and Jurisdiction

14.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

14.2 The parties consent to the jurisdiction of the Magistrates' Court having jurisdiction over any dispute arising from this Agreement, provided that the Owner shall be entitled, at its election, to institute proceedings in any other court of competent jurisdiction.

15. Consumer Protection Act Acknowledgement

15.1 The Hirer acknowledges that certain provisions of this Agreement may:

  • limit the liability of the Owner;
  • constitute an assumption of risk by the Hirer;
  • impose obligations on the Hirer; or
  • require the Hirer to indemnify the Owner.

15.2 The Hirer confirms that they have been given an adequate opportunity to read and understand these Terms and Conditions before accepting them and entering into this Agreement.

15.3 To the extent that the Consumer Protection Act, 68 of 2008 ("CPA"), applies to this Agreement, no provision of this Agreement is intended to waive or deprive the Hirer of any rights afforded to the Hirer under the CPA.

15.4 Any provision of this Agreement which is found to be inconsistent with the CPA shall be interpreted and applied in a manner that complies with the CPA, and such inconsistency shall not affect the validity or enforceability of the remainder of this Agreement.

15.5 The Hirer specifically draws their attention to the provisions of this Agreement relating to:

  • limitation of liability (Section 10);
  • damage, loss and repairs (Section 7);
  • recovery and End-of-Service Collection charges (Sections 4 and 9); and
  • the assumption of risk and responsibility for the Hire Equipment (Sections 6, 7 and 12).

15.6 By accepting these Terms and Conditions, the Hirer acknowledges that they understand and accept the legal consequences of the above provisions, subject always to their rights under the CPA.