Hi,I need some legal advice on how to co...

Asked by the Customer on 15-02-2020 15:19:33
Question posted in the Consumer Protection Law category relating to Gauteng

Hi,

I need some legal advice on how to continue with the matter that I am facing.

I recenly went into a contract to rent a vehicle. paid the deposit to rent the vehicle but then the contract stated that I had to come inspect the vehicle and if I am happy with the vehicle, then we can established an effective date for that contract.

The said vehicle was going to be used to transport some goods, unfortunatetly i lost the deal to transport the goods and therefore could not continue with the contract to rent the vehicle. That was before the vehicle was organised and inspected. The company i signed the contract with, are now telling they will not refund me the deposit. telling me that by cancelling the contract an effective date was established on that day.

are they lawful to do that?

one of the caluse they say i breached are inlcuded below

2.2. In the event the TRANSPORTER fails to make timeous rental payments the Contractor may at his sole discretion withdraw the vehicle and place the vehicle into storage. In such event the Transporter shall have 15 business days, calculated from the date on which the rental payment was due, to remedy its breach, if the TRANSPORTER fails the TRANSPORTER will be liable for a reasonable cancelation penalty of 50% for the remaining period of this agreement. The TRANSPORTER shall be liable for all legal costs and other costs, plus interest calculated at 10% per annum on all amounts owing and due to CONTRACTOR.

26.3. Mobilization of truck/trucks and trailers for Transporters inspection can take up to 10 business days after signing this rental agreement but can be done sooner pending available stock on hand.26.4. Once Contractor has made truck/trucks and trailers ready for Transporters inspection after our mobilization period of a maximum of 10 business days. Transporter is to attend inspection on day truck/trucks and trailers are lined up for such inspection. Failure from Transporter to attend the inspection day set up by Contractor will lead to cost being calculated and added to Transporters invoice and the Effective Date of this contract will be established on the day of inspection. All outstanding fees must be paid before truck/trucks and trailers are released into Transporters service.

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