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CADDYSHACK RENTALS TERMS AND CONDITIONS

CADDYSHACK RENTALS LIMITED TERMS AND CONDITIONS

Caddyshack Rentals Limited (referred to as “ Caddyshack “, “we”, “us” or “our”) rents the Equipment (as set out in the Rental Record) to you subject to the Rental Agreement, which incorporates these terms and conditions. In making this rental you accept the terms of the Rental Agreement, as recorded in the Rental Record, and confirm that you will strictly comply with them.

NATURE OF THIS AGREEMENT

1.1 – The rights and obligations contained in this Rental Agreement govern your use of our Equipment and are not transferable by you. You acknowledge that the Equipment is owned by us and that any attempted transfer or sub rent of the Equipment by anyone other than us is void. We permit you to use the Equipment on the terms and conditions of this Rental Agreement only.

WHO MAY USE THE EQUIPMENT

2.1 – The Equipment must only be used by you or any other person who has first been authorised by us and added to the Rental Record and you agree that you will not allow any other person to use the Equipment.

PICK-UP, DELIVERY AND RETURN

3.1 – We will supply the Equipment to you in good overall condition.

3.2 – You agree to return the Equipment to us in the same condition as you rented it, subject to fair wear and tear, at the location and on the date and time designated in this Rental Record.

3.3 – You and we will check the condition of the Equipment at the start of the rental and on return of the Equipment. A Caddyshack representative will provide a record showing any agreed defects. You acknowledge that you will be responsible for any loss or damage to the Equipment arising during the rental.

3.4 – The Equipment must be returned to the agreed Caddyshack location within the normal business hours of the location concerned. If you return the Equipment outside of these hours you must comply with the out of hours return instructions for that location, in which case you will remain fully responsible for the Equipment until the location re-opens for business. If you fail to comply with these instructions, you will remain responsible for the Equipment until we are able to access it.

3.5 – If at any time we have agreed that you may return the Equipment to a place other than a Caddyshack rental location, or if we have agreed to collect it, you will remain fully responsible for the Equipment until it is collected by us.

3.6 – Our rental charges are calculated on the basis of 24 hour periods from commencement of the rental. If you fail to return the Equipment to the agreed return or collection point at or before the Equipment return time stated on the Rental Record, you will be charged an extra day’s rental at the relevant daily rate, including charges for any options taken, for every day or part of a day that the Equipment is overdue. This charge is subject to any additional time (or ‘grace period’) allowed for return by prior agreement with us or in accordance with our current policy (please ask at the rental location for details).

3.7 – You agree that we are entitled to charge you a reasonable additional cost if the Equipment requires more than our standard cleaning on its return to restore it to its pre-rental condition allowing for fair wear and tear.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE

4.1 – You will be liable to us for all reasonable losses and costs incurred by us in the event of loss, damage to or theft of the Equipment, or any part thereof while on rental. Your liability may include the cost of repairs, loss in value of the Equipment, loss of rental income and an administration charge, which recovers our costs for handling any claim arising from damage caused to the Equipment unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. If, in our judgement, any damage makes the Equipment unfit for rental, we will endeavour to repair the Equipment as soon as possible. You will not be liable to us for any charge or excess if the loss or damage is directly due to our negligence or breach of this Rental Agreement.

4.2 – We advise you to obtain your own insurance to cover your liability for loss of or damage to the Equipment, or ensure that your travel insurance policy covers such liability. You authorise us to negotiate and agree any settlement in respect of such loss or damage direct with your insurers and you agree that any monies in respect of such loss or damage will be paid direct to us or to our order.

PROHIBITED USE OF THE EQUIPMENT

5.1 – You are authorised to use the Equipment on the conditions contained in this paragraph 5 and paragraph 2 above including, at all times, to use the Equipment in a responsible manner. If you do not comply with these conditions, you will be liable to us for any liability or reasonable loss incurred by us or any damages or reasonable expenses we suffer or incur as a result of your breach. You may additionally lose the benefit of any waivers or insurance selected by you. We reserve the right to take back the Equipment at any time, and at your expense, if you are in breach of the Rental Agreement.

5.2 – You must look after the Equipment, make sure it is secure and stored in a safe place when not in use.

5.3 – You must not use the Equipment or allow it to be used other than for playing recreational golf.

5.4 – Unless you have obtained our prior written consent, the Equipment may not be taken outside the republic of South Africa .

PAYMENT OF CHARGES

6.1 – If you do not pay any of the charges owing to us under this Rental Agreement within the time indicated on your statement of account, we reserve the right to charge you interest in addition to the outstanding charges, at a rate of 3% above the one month London inter-bank base lending rate.

CHARGES

7.1 – The basic rental charge is made for a minimum of one rental day (the 24 hour period starting from the time the rental begins).

7.2 – Additional charges may arise from your use of the Equipment during the rental, and may include loss of or damage to the Equipment, late return charge, extra cleaning or refurbishment charge

7.3 – All charges are calculated in accordance with our current rates and subject to final calculation after the rental.

7.4 – Cancellations less than 48 hours prior to delivery will be charged at 50% of total order. Cancellations less than 24 hours prior to delivery will be charged in full.

CURRENCY CONVERSION CHARGE

8.1 – We may arrange for your rental charges to be converted by our processing bank from the currency of the country of rental to the currency in which your card is issued. The bank will use a commercial daily rate of exchange provided by a reputable foreign exchange dealer for the day we bill the charges to your account and will charge an administration fee of up to 2.75% of the transaction. This fee will replace the currency conversion administration charge usually made by your card issuer. By signing the declaration on the Rental Record, you agree to us arranging the conversion and to payment of the administration fee. If you do not agree, you may opt to have the conversion made by your card issuer.

THIRD PARTY LIABILITY INSURANCE

9.1 – In the event that any third party suffers death, personal injury or damage to property caused by use of the Equipment, you agree to reimburse us if we are obliged to compensate (i) the insurers for any payment they make to a third party on your behalf and/ or (ii) any third party.

ACCIDENTS, THEFT AND VANDALISM

10.1 – You must, where possible, report any loss, damage or theft involving the Equipment to the police immediately and to us within 24 hours of the incident or discovery of the incident.

10.2 – You must not admit any liability, release any party from liability, settle any claim or accept any disclaimer in the event of an incident, but should take the names and addresses of everyone involved, including witnesses.

10.3 – A Caddyshack incident or theft report form must always be completed and submitted to us when you return the Equipment. In the event of theft, you must return all remaining equipment to a Caddyshack representative.

10.4 – You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings arising out of any loss of or damage to the Equipment.

LIMITS ON LIABILITY

11.1 – Subject to paragraph 11.2, we shall not be liable to you or any third party for any loss or damage arising from the rental other than as a result of our negligence or wilful misconduct or any other breach by us of this Rental Agreement. We shall not be liable for any indirect or unforeseeable loss or damages, including loss of profits or loss of opportunity.

11.2 – Nothing in paragraph 11.1 shall exclude or restrict our liability for death or personal injury resulting from our acts or omissions or any other liability which cannot be excluded as a matter of law.

PERSONAL DATA

12.1 – By entering this Rental Agreement you consent to the computer storage and processing of your personal information by us in connection with this Rental Agreement for the purposes of our legitimate interests, including statistical analysis, credit control and protection of our assets. Accordingly, if you breach this Rental Agreement your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures or prevent damage to our assets.

12.2 – You acknowledge that your use of a CDP number (price code) linked to a company will necessitate our sharing of your personal information with that company.

12.3 – You have the right of access to, correction and/ or deletion of your personal information held by us. For further information, please see our Privacy Policy, which is available on request.

INTERPRETATION

13.1 – If any provision of this Rental Agreement shall be held to be invalid, illegal or unenforceable (in whole or in part) under applicable law such provision or part shall to that extent be deemed not to form part of this Rental Agreement but the remainder of this Rental Agreement shall continue in full force and effect.

APPLICABLE LAW

14.1 – We aim to resolve all disputes amicably. If this is not possible, the law of England and Wales will apply and you agree to submit to the non-exclusive jurisdiction of the English courts.