Customers wishing to hire a trailer from Edgemead Trailer Hire will be asked to complete a Hire Form on site.
This Hire Form contains the following terms and conditions, which govern the relationship between the Customer and Edgemead Trailer Hire; a copy of which can be found below.
Importantly, these terms and conditions also include a Data Processing section which notes how Edgemead Trailer Hire manages any personal information.
TERMS AND CONDITIONS
- A rental day is 08h00 to 08h00. Trailer hiring times are from 08h00 to 16h45 or by prior arrangement from management. ETH is open 7 days a week, with altered hours on weekends and public holidays, being 08h00 to 09h00 only.
- Payment of any amounts shall be made in cash in or by electronic funds transfer by arrangement only. ETH reserves its right to request cash.
- The Customer must be over 18 years of age and possess a valid driver’s licence.
- The Customer shall be responsible for all traffic and parking offences as well as any toll charges incurred during the hire period. This shall include, but in no way be strictly limited to, payment of any camera fines incurred during the hire period which are attributed to the vehicle registration number of the Customer’s car, or any car towing the Trailer whilst in the possession of the Customer. ETH reserves the right to charge the customer an administrative fee of R250.00 per offence.
- Should the Customer need to extend the Hire Period, or should the Customer anticipate a late return, they should provide ETH with notice of the intention to extend by phoning and emailing the office of ETH, per the details above. Any late returns longer than 24 hours after the allocated return time will be treated as a theft case and the Customer will be handed over to the authorities as necessary. ETH reserves their right to charge additional daily rates for any extensions or late returns.
- ETH will not be liable to return any fees paid for Trailers returned early.
- The Customer agrees and warrants that he or she will be the only person authorised to handle the Trailer. Should any additional drivers or handlers be anticipated, the Customer is requested to provide the names and details of said additional persons to ETH at the time of collection.
- The Customer acknowledges that they are in compliance with any national, provincial or municipal laws, regulations or by-laws as applicable to the hiring of the Trailer; including being in possession of a valid driver’s licence, as well as the use of compliant safety tools, lights, ropes and/or fastening tools.
- The Customer shall use and tow the Trailer in a responsible and appropriate manner and may not speed or overload it. The Customer is advised to ask the ETH representative for their advice on the loading and towing of the Trailer if they are, at any time during the Hiring Period, unsure.
- The Customer agrees to adhere to the maximum towing weights appropriate for the Trailer Type hired.
- The Customer is strictly liable for the direct and/or indirect loss of, or any damage, accidental or otherwise, to the Trailer, its equipment, accessories, load in or on the Trailer, and other people and road users, their property and possessions until the Trailer is returned to the owner. The Customer may be liable for any costs or expenses incurred in the recovery of any Trailer.
- It is the responsibility of the Customer to ensure that the Trailer is secured and/or chained, or parked behind a secure wall and/or gate at night, or at any time when not in use, during the Hiring Period. The Customer will be responsible for the replacement of any loss, theft or misplaced Trailer.
- Trailers are provided in a roadworthy state at departure and are to be returned in the same state they were hired in.
- Tyres used on the Trailers are not re-treads. If a tyre has as puncture or is damaged in any way it is the responsibility of the person hiring to either repair the puncture to to replace a tyre with a new one.
- Use of the Trailer outside of the Republic of South Africa (“RSA”) is permitted only by prior notice to, and approval by, ETH.
- Where the Customer uses the Trailer, any breakdowns, repairs or recoveries needed, or any emergency assistance, will be at the total responsibility and expense of the Customer. Where the Trailer cannot be returned to RSA for any reason whatsoever, the Customer will be liable for the replacement of the Trailer at the fair market value of the Trailer as at the end of the Hire Period. Where the Customer is unable to pay for the replacement of the Trailer, ETH reserves its right to any remedies as allowed by law. Any late returns anticipated as a result of cross-border travel must be communicated to ETH.
- All Trailers are hired at Customers own risk. ETH will in no way be responsible nor liable for any damage to any goods or items being transported in or on the Trailer. ETH will not be responsible for any damages caused whatsoever to any person, property, vehicle or otherwise caused as a result of the negligent handling of the Trailer by the Customer.
- The Customer hereby indemnifies ETH and holds them harmless in respect of any claims that may be made against them as a result of any incident arising out of the trailer hire, including damage to the trailer, all claims made of whatsoever nature will be for the Customer’s account.
DATA PROCESSING TERMS
- We undertake to process the data you provide to us in accordance with the Protection of Personal Information Act 4 of 2013.
- Personal information that we collect from you via this Hire Form includes the following:
- Your full name;
- Your residential address;
- Your cellphone number;
- Your home number;
- Your car registration number; and
- Any other personally-identifiable information that you choose to share with us.
- Personal information does not include:
- De-identified information that does not relate or cannot be traced back to you specifically;
- Non-personal statistical information collected and compiled by us; and
- Information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, a public discussion board, or any other open public forum.
- We do not collect any sensitive personal information.
- We will use the personal information you provide to us, to fulfil our obligations to you, to ensure you are able to fulfil your obligations to us, to provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this Hire Form.
- You acknowledge that we may use certain third party providers to process payments for us (in the case of non-cash payments) and for operational reasons. You agree that we may share your personal information with those third parties only as reasonably necessary to provide the hiring services to you or to recover any amounts or performances that you may owe us. For the avoidance of doubt, nothing in this Hire Form shall prevent us from being able to share your information with any legal or regulatory bodies, or where we are required to do so, by law.
- We will not sell personal information. No personal information will be disclosed to anyone except as provided in this Hire Form.
- We may need to disclose personal information to our employees that require the personal information to do their jobs.
- If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
- We do not maintain electronic copies of any completed Hiring Forms. We retain physical copies of this Hire Form for a period of three (3) years after the date the Trailer is returned, whereafter they are destroyed. No electronic copies of this Hire Form, are retained.
- We will not transfer any personal information across a country border without your prior written consent.
- You may only send us your own personal information or the information of another data subject where you have their permission to do so.
- We may change any of the terms of this Hire Form at any time.
- You have the right to make a complaint at any time to the South African Information Regulator for data protection issues (https://www.justice.gov.za/inforeg/). We would, however, appreciate the chance to deal with your concerns before you approach the South African Information Regulator so please contact us in the first instance.