terms & conditions

TERMS AND CONDITIONS
1. The LESSOR hereby lets to the LESSEE who hereby hires the trailer on and subject to the terms and conditions recorded hereinafter for the period and rental description above under Rental Agreement.
2. This agreement is a rental contract and the LESSEE, or any person acting on behalf of the LESSEE, shall at no stage during the currency of this contract or thereafter acquire any rights apart from that of a LESSEE which right is restricted in terms of this agreement of ownership in the trailer nor after the termination of this contract retain the possession, use or beneficial ownership thereof.
3. Should the person signing the contract not be the LESSEE, and/or when such person collects the trailer in terms of the contract on behalf of the LESSEE, then such person shall be jointly and severally liable with the LESSEE for due fulfilment of all obligations arising from this contract. This clause applies only to registered business accounts. If a person signing the contract or collecting the trailer is not the registered LESSEE but is acting on behalf of the LESSEE, both the signee and the business entity remain fully liable for all obligations under this contract. For individual accounts, only the registered LESSEE may sign the contract and collect the trailer.
4. Should the LESSEE be (1) a partnership, then all the partners will be jointly and severally liable to the LESSOR for the obligations of the partnership under and in terms of this contract, (2) a company, trust or closed corporation, then the person signing on its behalf warrants his authorisation to do so and the entities ability to effect payment.
5. Rental Period and Late Return Charges
Rental is calculated based on a 24-hour period (or part thereof, excluding the first day), starting from the time the trailer is collected until it is returned to the LESSOR’s place of business during office hours (refer to point 7).
Late returns will incur additional charges as follows:
• Within the first hour: 40% of the daily rental rate and 40% of the damage waiver fee (if applicable)
• Within the second hour: 80% of the daily rental rate and 80% of the damage waiver fee (if applicable)
• Beyond two hours: Full daily rental rate and full damage waiver fee (if applicable)
The LESSEE is responsible for ensuring the trailer is returned on time and within office hours to avoid additional charges.
6. The LESSEE acknowledges that at the time of taking possession of the trailer, the trailer as a whole is in a good working and roadworthy condition and undertakes to return it in the same condition, fair wear and tear excluded.
7. Collection, Return and Office Hours
Trailers must be collected and returned during the LESSOR’s official office hours. The LESSOR is not responsible for late returns caused by office hours. If a rental is collected close to the beginning or end of office hours, the available return time may be shorter than 24 hours. It is the LESSEE’s responsibility to return the trailer within office hours to avoid additional charges.
The LESSOR’s standard office hours are as follows:
• Monday to Friday: 07:30 – 17:00
• Saturday: 07:30 – 16:00
• Sunday & Public Holidays: 08:00 – 16:00
Note: Office hours may vary for branches located within Leroy Merlin stores.
Important Clarification on Rental Calculation
The daily rental rate is based on a 24-hour period; however, due to branch trading hours, the rental period may be shorter in some cases. The rental period is determined by the branch’s operational hours and does not extend beyond them.
8. Should it be requested or required for the LESSOR to drop-off or collect a trailer due to the LESSEEs inability to do so, a charge will be levied against the LESSEE at a rate per kilometre equivalent to that of the standard AA rates, plus a fixed collection fee of R1500.00. In addition, rental fees will continue to accrue until the date the trailer is successfully collected by the LESSOR.
9. The vehicle to which the trailer shall be attached shall not be used in any manner contrary to the Road Traffic Act. The LESSEE is responsible for ensuring full compliance with all applicable South African laws when renting and operating the trailer, including but not limited to ensuring that the driver holds the appropriate valid license for towing, the towing vehicle’s capacity is suitable for the rented trailer, and the tow bar and all towing equipment meet legal and safety requirements. The LESSEE shall also ensure that no false, mistaken, or fraudulent information is provided to the LESSOR and that only a properly licensed driver with the LESSEE’s consent operates the towing vehicle.
10. The LESSEE may under no circumstances sublet, transfer, or relinquish possession of the trailer without the written consent of the LESSOR. Failure to comply may result in legal action, including but not limited to civil claims for damages and potential criminal charges under South African law.
11. All rented trailers are limited to within the borders of South Africa, unless written consent has been given by the LESSOR, failure to adhere to this point will result in additional costs being levied against the LESSEE and may result in legal action, including but not limited to civil claims for damages and potential criminal charges under South African law.
12. As our trailers are wired to an international standard, any tampering will result in a minimum charge of R200 being levied against the LESSEE in order to restore the trailer to its original working condition.
13. When loading the trailer, care should be taken not to exceed the loading capacity of the trailer. The Loading Capacity is calculated as the Gross Vehicle Mass minus the Tara weight of the trailer.
14. The LESSEE shall not incur any expenses, nor have the trailer repaired on behalf of the LESSOR without the express written authorisation of the LESSOR. This includes, but is not limited to the removal, tow away, transport or storage of the trailer.
15. The LESSEE shall on demand (Refer to point 16 below) pay the LESSOR all related amounts. These include but are not limited to: The rental amount of the trailer prior to collection; Any required deposit; a collection and/or drop-off cost; a booking cancellation fee equivalent to 50% of the original booking amount: monthly interest charged at prime plus 2 percent on outstanding amounts owed to the LESSOR; all reasonable legal cost incurred by the LESSOR in the enforcement of his rights in terms of this contract; collection fees due to non-payment by the LESSEE; insurance excess in the event of a trailer being stolen; and damages to the trailer, calculated by the LESSOR which shall include labour costs.
16. “On Demand” meaning: for non-account customers – at the time this contract or invoice is presented to the LESSEE and prior to him leaving the LESSORs place of business; for an account customer – by the 7th of the new/succeeding month or otherwise agreed to by the LESSOR and LESSEE.
17. The LESSOR shall not be held liable for: loss, theft or damage to the trailer whatsoever; or loss or damage to the towing vehicle of any nature whatsoever; or any injury or death of whatsoever nature caused to the LESSEE or third party by the rental trailer; or loss or damage of the cargo stored on the rental trailer or any third-party belongings. This statement is true for occurrences both in and outside the borders of South Africa.
18. Liability: a certificate under the hand of any manager or member of the LESSOR, in respect of any amount owing to the LESSOR under and in terms of this contract, the fact that such amount is due and payable thereon and the date from which such interest is reckoned shall constitute Prima Facie evidence of the LESSEEs indebtedness to the LESSOR and shall be sufficient to enable the Lessor to obtain judgement in any court having jurisdiction in terms hereof. Notwithstanding the amount involved, any legal action resulting from or in connection with this contract may be instituted in the Magistrates Court or be referred for arbitration in the sole discretion of the LESSOR to The Arbitration Foundation of South Africa and for the purpose of such legal action, the LESSEE chooses domicillium citandi et executandi as the residential address indicated on the front of this contract.
19. The Wacky Wheel Wednesday Promotion 50% discount applies only to rentals collected on a Wednesday and is only valid for the rental price on that day. It does not extend to any additional fees, including but not limited to the damage waiver, insurance, or any purchased items. If the rental exceeds seven days, the discount will still only apply to the initial Wednesday of collection. The promotion is available for a limited time and may be discontinued at the LESSOR’s discretion.
20. Booking Guarantee Policy
This guarantee applies exclusively to fully paid reservations by the Lessee. In the unlikely event that the Lessor is unable to supply the exact trailer reserved, one of the following steps will apply—in strict order:
20.1. Free Upgrade – If the reserved trailer is unavailable, the Lessor will upgrade the Lessee to the next best available trailer at no additional cost.
20.2. Free Rental at Another Branch – If the Lessee is redirected to a different branch, the Lessor will issue a full refund for the original booking, and the rental at the alternate location will be free of charge.
20.3. Refund & R500 Coupon – If no branches are able to fulfil the booking:
• The Lessee will receive a full refund of the booking amount, and
• A R500 coupon towards their next rental, valid for 3 months.
21. Trailer Guarantee Policy
If a trailer issue arises due to the fault of the Lessor, the Lessee is entitled to a full refund—subject to the outcome of a thorough investigation.
22. Best Price Guarantee
If the Lessee provides a valid written quote for the same trailer and rental terms, we will match the price—guaranteed.

DAMAGE AND THEFT COVER
23. Should the trailer be involved in an accident, sustain any form of damage, or be stolen while in the possession of the LESSEE, it is the responsibility of the LESSEE to report it to the nearest Police station and the LESSOR within 24 hours. For clarity, an accident refers to any incident causing damage to the trailer, regardless of whether a third party was involved. The LESSEE must also provide the LESSOR with a Police accident report number or a sworn affidavit as proof of the incident. Additionally, the LESSEE must provide photographs of the accident scene and, where applicable, contact details of any third parties involved.
24. DAMAGE WAIVER: Should the LESSEE take the Damage Waiver, at a cost of 20% of the total rental cost, then the LESSOR will in the case of an accident (or damage to parts) cover ALL damages to the trailer including Repair work, Trailer Parts as well as Labour. Opting NOT to take the Damage Waiver, and the trailer (or parts thereof) are involved in an accident, then the LESSEE renders him/herself responsible for all costs calculated at the LESSORS retail price, and INCLUDES THE REPLACEMENTMENT OF A WRITTEN-OFF TRAILER should it be the case. Damage Waiver exclusions are: Theft (Parts or Trailer) of any kind; third-party damages; LESSEE towing vehicle damages, damage to cargo loaded on the trailer, and Negligence (Refer to point 22 below).
25. INSURANCE: The cost of insurance is already included in the rental price of the trailer and covers Third-Party damages as well as theft of the trailer or parts thereof. Should the LESSEE submit a claim a minimum excess of R3000.00 or 10% of the replacement value of the trailer or the parts, whichever is the greater, is payable immediately in order for the claim to be processed. Failing which, renders the LESSEE responsible for the full retail replacement value of the trailer or the parts. Cover Exclusions include: Damages to any Trailer; LESSEE towing vehicle, or cargo loaded on trailer; Negligence as referred to under point 22 below.
26. NEGLIGENCE: Is defined as the LESSEE failing to take care of the trailer (or parts thereof) resulting in damage or loss (Theft). Such cases include, but are not limited to: Towing the trailer with the handbrake engaged; Towing the trailer with the tyres under inflated; Overloading the Trailer; Exceeding a safe towing speed of 80K/h; Leaving the trailer/spare wheel/jockey wheel/Car Trailer Ramps without supervision or unsecured; or transgressing any of South Africa’s Road traffic rules.