GS Africa Rental Agreement Terms and Conditions

GS Africa Rental Agreement
Terms and Conditions

These Terms apply to the rental of motorcycles and associated rental services supplied or coordinated by GS Africa Rentals and Tours (MAPA LEFA TRADING (PTY) LTD, Reg. No. 2020/679835/07). By booking you agree to these Terms.
1. Definitions
“Booking Confirmation” means our written confirmation of your rental booking.
“Client”, “you” means the rider and any pillion/passenger.
“CPA” means the Consumer Protection Act, 2008.
“GS Africa”, “we”, “us” means MAPA LEFA TRADING (PTY) LTD t/a GS Africa Rentals and Tours.
“Rental” means the hire of a motorcycle and any associated rental items or services supplied or coordinated by us.
“Rental Period” means the dates and times stated in your Booking Confirmation.
“Rental Invoice/Voucher” means the commercial summary of your rental (rates, inclusions, deposit/security amounts and charges).
2. Application and Entire Agreement
These Terms, together with your Booking Confirmation, Rental Invoice/Voucher, and our Privacy Notice, constitute the entire agreement between you and GS Africa for your Rental. If there is any inconsistency, your Booking Confirmation prevails for commercial specifics, and these Terms prevail for legal terms and consumer protections.
3. Plain Language and Your CPA Rights
These Terms are written in plain language. If you are a “consumer” under the CPA, you enjoy the rights and remedies provided by the CPA. If anything is unclear, please ask before accepting.
4. Bookings, Deposits and Payments
Your booking is confirmed only when we issue a Booking Confirmation.
Specific motorcycle models are limited and allocated on a first- confirmed basis.
4.1 Deposits and balance
(1) Bookings more than 60 days before the Rental Period start: 25% deposit due on issuance of the Booking Confirmation; balance due 60 days before the Rental Period start.
(2) Bookings 60 days or less before the Rental Period start: 100% payable on issuance of the Booking Confirmation.
4.2 Non-payment
If you do not pay the deposit or balance when due, we may treat your booking as cancelled by you, and apply the cancellation policy below.
4.3 Post-rental charges
If applicable, we will issue you a post-rental invoice after the end of your Rental, including charges for any agreed extras not already paid, traffic fines, recovery, towing, storage and late-return charges (if applicable), repair costs (or reasonable estimates), insurance excesses/deductibles, reasonable loss-of-use and any proven diminution in value.
5. Special Requests
You may submit special requests (e.g., accessories) when making your booking. We will use reasonable efforts to accommodate them but cannot guarantee fulfilment where third-party suppliers are involved.
6. Your Changes and Cancellations
All change and cancellation requests must be emailed to rentals@gsafrica.com, and are effective only when we issue an amended Booking Confirmation or written cancellation confirmation.

6.1 Cancellation charges
Refunds are calculated on the total rental price as quoted in your Rental Invoice/Voucher:
(1) Cancellations 60 days or more before the Rental Period start: 75% refundable (25% non-refundable).
(2) Cancellations less than 60 days, but not less than 10 days before the Rental Period start: 25% refundable.
(3) Cancellations 10 days or less before the Rental Period start: no refund.
We may deduct any proven, non-recoverable third-party costs from refundable amounts. An itemised statement will be provided on your request.
6.2 Changes after confirmation
You are responsible for additional costs arising from changes you request after confirmation, including supplier charges. We will advise costs before proceeding. All changes are subject to availability.
7. Cancellations and Changes by GS Africa
We may cancel, change or postpone a Rental before the Rental Period start if a force majeure event occurs, for legal or safety reasons, or if a confirmed model becomes unavailable despite our reasonable efforts. We will notify you as soon as reasonably possible of any change or cancellation.
7.1 Remedies
(1) If we cancel without offering a reasonable postponement or alternative, we will refund 100% of amounts paid to us, less non- recoverable third-party costs, despite our best efforts to recover them. (2) If we offer a reasonable postponement or alternative motorcycle of similar or superior category and you accept, we may issue a credit voucher equal to amounts paid, less amounts already allocated to third- party services that cannot reasonably be recovered. We are not responsible for incidental costs (e.g., flights, visas).
8. Eligibility and Safety
By accepting the Booking Confirmation, you declare that you are medically fit and legally licensed to ride the motorcycle class of choice. Helmets are compulsory. You must comply with traffic laws and all safety instructions at all times, and attend a brief safety walkthrough/checklist at collection. We may refuse service or terminate your Rental (without refund) if you are unlicensed, intoxicated, unfit to ride, act unlawfully, or breach these Terms. You are responsible for all resulting costs and any damages you cause.
9. Insurance (Condition of Rental)
Rental motorcycles are insured for standard on-road use, subject to policy terms and exclusions disclosed in your Booking Confirmation. You are liable for the insurance excess/deductible stated in your Booking Confirmation for covered damage. If cover is declined or voided due to your breach, you are liable for the full uncovered loss. You must cooperate with insurers and authorities, preserve evidence, provide statements, and not prejudice recovery rights. If your failure to cooperate causes an insurer to decline or reduce cover, you are responsible for the uncovered loss to the extent of your fault or breach.
10. Passports, Visas and Licences
You are responsible for valid passports, visas, permits and international driving permits where required. For South African rentals, riders must hold a valid, unendorsed motorcycle licence (Code A in SA) and meet any minimum age/experience requirements specified in your Booking Confirmation. We are not liable if you are denied entry or permission due to your documentation.
11. Motorcycle Supply, Substitution and Restrictions
We will use reasonable efforts to supply the confirmed model. If unavailable, we may substitute a similar or superior model or adjust

inclusions; if a lower-cost substitute is provided, we will refund the difference.
11.1 Use requirements and restrictions
(1) Only the named rider(s) with an appropriate licence may operate the motorcycle. Unauthorised riders are strictly prohibited. (2) You must operate the motorcycle safely, within legal speed limits, and consistent with conditions. (3) You must not use the motorcycle for racing, stunts, towing, instruction, while under the influence of alcohol/drugs, or for any commercial or competition purpose without our prior written consent. (4) Model-specific restrictions will be set out in your Booking Confirmation/Briefing and must be observed and initialled. (5) Refuelling is with unleaded petrol only. The motorcycle is provided with a full tank; you must return it full. A refuelling fee of ZAR 250 applies if not returned full.
11.2 Pre-ride inspection and reporting
You must inspect the motorcycle before acceptance, record pre-existing damage on the checkout sheet, and immediately report any defect or malfunction during the Rental. Photographic or video records may be taken at check-out and return to evidence condition, odometer and fuel level. Continuing to ride after noticing a defect is at your risk and may void insurance.
11.3 Your Financial Responsibility for Damage and Loss
You are responsible for: (1) All traffic fines and penalties incurred while the motorcycle is in your possession. We will notify you with a copy of the fine (where available). An administration fee to process fines of ZAR 450 will be charged. (2) Loss of keys and accessories and the reasonable costs of replacement and associated call-outs. (3) any loss of, or damage to, the motorcycle, its equipment and accessories, except for fair wear and tear. “Fair wear and tear” means minor and gradual deterioration arising solely from normal, careful and ordinary use of the motorcycle over time, and from risks reasonably inherent in such use. It does not include any damage, loss, destruction or depreciation resulting from misuse, negligence, accident, improper operation, abnormal use, failure to follow instructions, or any use other than ordinary day-to-day riding.
(4) Theft or total loss while in your possession, subject to the applicable insurance excess. (5) Misfuelling, use of incorrect fluids, tyre punctures and glass damage, and reasonable associated recovery and repair costs. (6) Excess kilometres at the rate stated in your Booking Confirmation. If not otherwise stated, excess kilometres are charged at ZAR 6.50 per km (ZAR 4.00 per km for Harley-Davidson models).
11.4 Insurance excess and uncovered loss
(1) Insurance excess: You are liable up to the insurance excess stated in your Booking Confirmation for covered damage, subject to policy terms and exclusions (for example, alcohol/drug impairment, unauthorised use, or off-road use contrary to restrictions may void cover). (2) Uncovered loss: You are liable for the full amount of direct and indirect losses not covered by insurance (including where cover is voided by your breach), including without limitation, repair costs or replacement value, reasonable towing/recovery, diminution in value reasonably substantiated, and reasonable loss-of-use for the period the motorcycle is unavailable due to damage attributable to you, calculated at the applicable daily rental rate stated in your Booking Confirmation. (3) We will provide written notice with an itemised statement and supporting documents (e.g., quotes, assessments, police reports where applicable) at your request, and allow you a reasonable opportunity to query charges before processing any deductions.
11.5 Recovery, abandonment and late return
If you abandon the motorcycle without our consent, return it late, or return it to an unauthorised location, you are responsible for reasonable

recovery, storage and late-return charges as specified in your Booking Confirmation (including any per-km/per-hour tariffs). Where recovery is required due to a puncture, you will bear the associated recovery charges.
12. Collections, Returns and Territory
Motorcycles must be collected from and returned to our premises unless otherwise agreed. Collection or drop-off services may be provided at the rate stated in your Booking Confirmation. You may not take a motorcycle beyond the territorial borders of the Republic of South Africa without our prior written consent and the requisite documentation supplied by us; cross-border travel requires a border letter and addendum, as specified in your Booking Confirmation.
13. Risk Warning and Acceptance of Risk
Motorcycling and adventure travel carry inherent risks, including personal injury, death, illness, property damage or loss due to traffic, road conditions, weather, wildlife, mechanical failure, actions of third parties and your own acts or omissions. By renting from us, you acknowledge and accept these inherent risks to the maximum extent permitted by law.
14. Limitation of Liability
We will provide our services with reasonable care and skill.
To the maximum extent permitted by law:
(1) We are not liable for indirect, special or consequential losses, loss of enjoyment, loss of opportunity, or losses arising from force majeure or events beyond our control.
(2) Our aggregate liability for claims arising from your booking or participation will not exceed the amounts paid by you to us for the relevant services.
(3) You must notify us of any claims within 30 days after the end of the Rental, so that we can investigate, failing which you shall have no rights to a claim.
We act as principal for some services and as agent for others (e.g., accommodation, transfers). We will select third-party suppliers with reasonable care but are not liable for their independent acts or omissions where we do not control them.
15. Indemnity
To the fullest extent permitted by law, you indemnify and hold us harmless against all losses, claims, damages, liabilities, fines, penalties and reasonable legal costs we incur arising from: your unlawful conduct; your breach of these Terms; your negligent or reckless operation of a motorcycle; or any claim by a third party caused by your acts or omissions.
16. Payments, Security Deposits and Card Authorisations
You authorise us to take a pre-authorisation or security deposit on your card for the amount specified in your Rental Invoice/Voucher. Deductions will only be processed for verified amounts due after we provide written notice, an itemised statement with supporting documentation, and a reasonable opportunity for you to query charges, in compliance with card scheme rules and applicable law. If you fail to pay amounts due, we may charge interest at the maximum rate permitted by law and recover reasonable collection costs, including legal fees on an attorney-and-own-client scale.
We do not store CVV numbers. Card and personal data are processed in accordance with POPIA.
Payments processed in a currency other than ZAR may be converted by your card issuer. If a chargeback or reversal is lodged, you remain responsible for proven, non-recoverable third-party costs and bank fees directly resulting from the reversal.

17. Force Majeure / Events Beyond Control
If an event beyond a party’s reasonable control makes performance illegal or objectively impossible (e.g., natural disaster, war, terrorism, government prohibition, epidemic/pandemic restrictions, major infrastructure failure), the affected party must notify the other and take reasonable steps to mitigate. Performance is suspended while the event continues. The parties will first attempt to postpone the Rental. If postponement within a reasonable period is not feasible, either party may cancel the affected services, and we will refund amounts paid less proven, non-recoverable third-party costs despite our best efforts to recover them. Increased cost or inconvenience alone is not force majeure.
If a third-party supplier becomes insolvent or fails to perform, we will use reasonable efforts to source a comparable alternative. Our liability is limited to refunds or credits we receive or can reasonably recover.
18. Privacy and POPIA
We are the responsible party for your personal information and process it for booking, service delivery, safety, insurance, compliance, and—if you consent—marketing. We share data with service providers where necessary and with authorities where legally required. Your data may be transferred across borders where suppliers are located; we will ensure adequate protection or obtain your consent. You have rights to access, correction, deletion (where applicable), objection, and to complain to the Information Regulator. Our Privacy Notice forms part of these Terms.
19. Marketing Images and Recordings
We may capture photos/videos of rentals and testimonials. By accepting these Terms, you agree that we may use your image, likeness and

testimonials for marketing, and you grant us a perpetual, royalty-free right to do so. You may withdraw consent at any time for future use.
20. Luggage and Personal Property
We are not liable for loss/theft/damage to personal property.
21. Complaints and Dispute Resolution
Please raise any issues during the Rental so we can try to resolve them. Post-Rental complaints should be emailed to rentals@gsafrica.com within 15 business days with details. Without limiting your rights, you may refer disputes to the Consumer Goods and Services Ombud (if applicable) or a competent court. Any agreement to arbitrate or mediate is voluntary and may be concluded after a dispute arises.
22. Service of Notices and Costs Recovery
You choose the email address supplied to us at booking as domicilium for service of notices, and you accept service by email.
23. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division). This does not limit your rights under the CPA to approach any competent forum.
24. Changes to Terms
We may amend these Terms by posting updated terms on www.gsafrica.com. The version applicable to your booking is the version provided at the time of your Booking Confirmation, unless a change is required by law and does not materially and adversely affect you.

Tour Agreement