Third Party Liability Cover Terms and Conditions

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Third Party Liability Cover

Version No. TPLC042014












Please read your insurance documents carefully to ensure that your cover is exactly what you need, and keep them in a safe place.


The policy wording, the rental agreement between you and Avis and your policy schedule is a legal contract between you and us. We have accepted the benefits and obligations in terms of the rental agreement between you and Avis.

The contract is based on the information you gave us when you applied for insurance.

Our duty is to provide the cover in this policy wording subject to the terms of this policy and the specific rules in your schedule for those sections which are shown on your policy schedule and for the insurance period set out on the same schedule.

Your duty in terms of the contract is to follow the rules explained in this policy wording and your

cancel your policy or you may find that you do not have any cover.


Where we say ‘we’ or ‘us’, it is Oakhurst Insurance Company Limited.

Where we say ‘you’ or ‘your’, we mean the policyholder or any other person covered by this policy.



You cannot transfer your rights in terms of this policy to anyone else without our written permission.


The cover under your policy may be subject to more specific rules (called endorsements).



This policy is subject to the laws of South Africa only. We (you and us) agree that any legal proceedings between us in connection with this policy will only take place in the courts of South Africa.


We may refuse to pay a claim under this policy or cancel the policy from the date on which you have deliberately or dishonestly tried to take advantage of us.

In other words, if you are dishonest or if you exaggerate (overstate) the amount of your claim to get a claims payment under your policy, all benefits under this policy will be lost, the policy may be invalid and you may not be entitled to a refund of premium. If this happens, you will have to repay all amounts which we previously paid towards your claims under this policy.


Whenever the regular driver or any of the nominated drivers of your your Avis rented car changes, you must tell us within 30 days or as soon as you know about it.



You may cancel this policy at any time with

immediate effect or from the time and date agreed. You need to tell us or Avis if you want to cancel the policy.

We may cancel this policy if we send you a letter giving you 30 days’ notice, to your last known address.

When this policy is cancelled (by you or by us), all benefits under it will end from the date it is cancelled. We will inform Avis of the cancellation of your policy with us.


This is a monthly policy which is valid for 1 calendar month and the policy is automatically renewed every time we receive your premium. It is your responsibility that we receive your monthly premium. You will have no cover for any insurance period for which we have not received your premium.

If we do not receive your first premium (in the first month), the policy will not start and you will not have any cover.



Even if you have already claimed, we are not responsible for the claimed damage or loss after 12 months from the date of the event which caused your claim. If the claim is subject to an awaiting court action between you and us or is for anything you are legally responsible towards another person, the claim will still be valid after the 12 months period. If we don’t pay your claim or if you are not happy with the amount we agree to pay for your claim under this policy, you can write to us about your complaint within 90 days of the date of the letter in which we notified you of our decision regarding your claim. After the 90 days, you have a further 180 days in which you can start legal action against us.


This part of the policy explains the cover we provide for you subject to the sum insured or limit shown on your schedule.



You are covered up to the limit in your schedule for all costs and expenses which you may become legally responsible to pay as a result of an accident caused by you resulting in loss or damage to property not owned by you, and/or not in your custody, control or being transported by you within the borders of South Africa and in the countries mentioned below. Your cover includes the payment for damages, legal costs and other expenses which we have agreed to.


Your policy includes the third party liability cover for driving in Lesotho, Swaziland, Botswana and Namibia. This cover is subject to your Avis rental agreement allowing you to travel into the neighbouring countries.



The following important rules affect your right to claim. Please read these carefully and make sure you follow the rules. We may decide to not pay your claim if you don’t follow these rules.


You are only covered for third party liability incurred whilst driving your Avis rented car. You have no cover for any damage to your Avis rented car.



You and your nominated drivers must take all reasonable steps to avoid any accident and to prevent third party loss or damage which is covered by this insurance. Your Avis rented car must also always be maintained and only used in a roadworthy condition in accordance with your Avis rental



If your Avis rented car is used without your knowledge or permission (stolen) by anyone, including a member of your family or a person who normally lives with you, you need to report this to the police within 24 hours or as soon as possible.



If you claim under this policy for something which is also covered by another insurance policy, you must provide us with full details of the other insurance policy. We will only pay our share of any claim.


If there are any traffic offence convictions or debt defaults against you, your spouse or any other person nominated as a driver on your policy, you have to tell us immediately or we may not pay your claim.


As soon as the regular or a nominated driver of this policy turns 75 years of age, you must provide us with a medical certificate saying that the person is medically fit to drive the insured vehicle. You must do this within 14 days of that person’s birthday and every year thereafter or there will be no cover for the driver over the age of 75 years.



You must ensure your car is only used for purposes agreed to in your rental agreement. We may not pay for any loss caused to a third party or their property resulting from the use of the vehicle for any purposes other than agreed to in your vehicle lease agreement with Avis.


This is a nominated driver policy.

A nominated driver is a person you nominated as someone who may drive your Avis rented car. This person’s name and other details will be on your schedule. If someone who is not nominated drives your Avis rented car, you will not have any cover.


You or anyone driving your Avis rented car must have a valid full driver’s license.





You are not covered for any loss or damage that occurs while your Avis rented car is being used in the following ways:

• For carrying more goods or passengers than what your Avis rented car is legally licensed to carry.

• While it is being transported by sea or while it is being stored in a port, or driven or stored within an aviation apron or runway.

• While it is being driven by any person who: • Is not nominated as a driver in the schedule of this policy.

• Does not have a current and valid licence to drive the car or an international license if we have agreed to this.

• Has ever been refused insurance or whose

• Is under the influence of drugs or alcohol and whose blood alcohol level is above the legal limit.


You are not covered for consequential loss.


You are not covered for anything for which you are legally responsible in terms of a contract unless you would have been legally responsible even if the contract did not exist.


You are not covered for anything caused by or contributed to by you breaking the law.

This includes any traffic offence you commit (like speeding or other dangerous driving offences).



You are not covered for any interest on any amount we have to pay.


You are not covered for anything covered in terms of any act or under the Road Accident Fund Act. The RAF provides compulsory cover to all users of South African roads, citizens and foreigners, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa. This cover is in the form of indemnity insurance to persons who cause the accident, as well as personal injury and death insurance to victims of motor vehicle accidents and their families.


You are not covered for anything because of an event which happened before the insurance period started or an event caused deliberately by your


You are not covered for anything which we have not agreed to pay. Always make sure you have our agreement first before you enter into any agreement relating to your claim.






in respect of property as defined


1. Wherever the term “Sasria” is used it shall refer to Sasria SOC Limited.

Wherever the word “property” is used it shall be deemed to mean any motor car or vehicle, trailer, implement or machine of any description for specific operational purpose with or without means of self-propulsion capable of being driven or towed on any road and any accessories or spare parts whilst thereon.

WHEREAS the Insured has paid the premium stated in the Schedule to this Policy (which schedule shall form an integral part of this Policy) to Sasria as consideration for the insurance hereinafter contained in respect of loss or damage occurring during the Period of

The policy will cover for third party only if the third party vehicle does not have Sasria cover and the loss or damage to property happened as a result of the Sasria peril

NOW this Policy declares subject to the terms, exceptions and conditions contained herein that Sasria will indemnify the Insured against loss of or damage to the property described in the Schedule directly related to or caused by: i. any act (whether on behalf of any organisation, body, person, or group of persons) calculated or directed to overthrow or influence any State or government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence; ii. any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change, or in protest against any State or government, or any provincial, local or tribal authority, or f or the purpose of inspiring fear in the public,


iii. any riot, strike or public disorder, or any act of activity which is calculated or directed to bring about a riot, strike or public disorder; iv. any attempt to perform any act referred to in clause (i), (ii) or (iii) above;

v. the act of any lawfully established authority in controlling, preventing suppressing or in any other way dealing with any occurrence referred to in clause (i), (ii) (iii or (iv) above.

Note: In this Policy, the term “Public Disorder” shall be deemed to include civil commotion, labour disturbances or lockouts.

Sasria may at its option repair or replace such property or any part thereof or may pay in cash the amount of the loss or damage not exceeding the reasonable retail value of the property insured in the Schedule of this Policy subject always to Condition 8 of this Policy. If the property insured is the subject of a hire purchase or similar agreement and the seller or lessor (hereinafter referred to as the “Owner”) is interested in any monies which would be payable to the Insured under this Policy in respect of loss

damage is not made good by repair or replacement) such monies shall if so requested in writing be paid to the said Owner and/or to the Insured to the extent of their respective interests as long as they are interested in the said property, and their receipt shall be a full discharge of Sasria in respect of such loss or damage. Save as herein expressly provided nothing herein shall modify or affect the rights and liabilities of the Insured or Sasria under or in connection with this Policy or any condition or term thereof.

In the event of any part accessory or fitment of whatsoever nature needed to repair or replace damage to the property insured being unprocurable in the Republic of South Africa, as a standard ready manufactured article or in the event of any such article being denied to the Insured for any reason the liability of Sasria shall be met by the payment of a sum equalling the value of the said article at the time of the loss or damage but not in any case exceeding the manufacturer’s last list price operative in the Republic of South Africa.


the reasonable cost of protection and removal to the nearest repairers. Sasria will also pay the reasonable cost of the delivery to the Insured after repair of such loss or damage not exceeding the reasonable cost of transport to the-address of the Insured in the Republic of South Africa.


This Policy does not cover:

1. Consequential Loss from any cause

whatsoever, depreciation of any nature which shall also mean diminution in value

howsoever arising of the insured property consequent upon its having sustained

damage insured against and continuing after the repair of such damage wear and tear and mechanical or electrical breakdown failure or breakage.

2. Loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisitioning

occurrence for which a fund has been established in terms of any War Damage Insurance and Compensation legislation. 4. Any loss or damage related to or caused by: i. war, invasion, act or foreign enemy,

hostilities or warlike operations (whether war be declared or not) or civil war; ii. mutiny, military rising, military or usurped power, martial law or state of siege, or

any other event or cause which determines the proclamation or maintenance of martial law or state of siege;

iii. the act of any lawfully established authority in controlling, preventing, suppressing, or in

any other way dealing with any occurrence referred to in clause (i) or (ii) above.

5. Any claims arising out of any liability assumed by the Insured by agreement, unless such liability would have attached to the Insured in the absence of such agreement.




6. Any loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or consequential loss directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any

nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exception only combustion shall include any self-sustaining process of nuclear fission. The indemnity provided by this Policy shall not apply to nor include any loss, destruction or damage directly or indirectly caused by or contributed to by or arising from nuclear weapons material.

7. It is agreed that, regardless of any contributory cause(s), this insurance does not cover

loss(es) in any way caused or contributed to by an act of terrorism involving the use or release

For the purpose of this exclusion an act of terrorism means an act, including but not limited to the use of force or violence and / or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or personal purposes or reasons including the intention to influence any government and / or to put the public, or any section of the public in fear.

If it is alleged that by reason of this exclusion any loss(es) is not covered by this

Coupon / Policy the burden of providing the contrary shall be upon the insured.



1. Claims Procedure

On the occurrence of any loss or damage the Insured shall as soon as reasonably possible give notice thereof in writing to the NOMINATED INSURER. The Insured shall give to the

Sasria Company all such proofs and information in connection with the claim as may reasonably be required.

2. Subrogation

The Insured shall at the request and at the expense of Sasria do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by Sasria for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from other parties to which Sasria shall be or would become entitled or subrogated upon its paying for or making good any loss or damage under the Policy, whether such acts or things shall be or become necessary or required

3. Contribution

If at the time any claim arises under this Policy there is any other existing insurance covering the same loss or damage Sasria shall not be liable to pay or contribute more than its rateable share of any loss or damage.

4. Precautions

The Insured shall take all reasonable steps to safeguard against loss or damage to the

Property described in the Schedule to this Policy. 5. Transfer

Nothing contained in this Policy shall give any rights against Sasria to any person other than the Insured. Sasria shall not be bound by any passing of the interest of the Insured otherwise than by death or operation of law.

6. Arbitration

i. If any difference shall arise as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall


the Arbitration laws for the time being in force in the Republic of South Africa, and at such place as Sasria may determine.

ii. Where any difference or dispute is in terms of paragraph (a) above to be referred to Arbitration the award of the Arbitor(s) shall be final and binding and the making of such award shall be a condition precedent to any right of action against Sasria under this Policy. 7. Limitation

In no case whatsoever shall Sasria be liable under this Policy after the expiration of 12 months from the happening of the event unless the claim is then the subject of Arbitration, or Court proceedings already instituted.

8. Average

If the property insured hereby shall at the commencement of any destruction or damage to such property be of greater value than the total value on risk appearing in the Schedule to this Policy in the case of the Motor Dealer or

considered as being his own insurer for the difference and shall bear a rateable share of the loss accordingly.

9. Total Loss of Property

If any motor car or other vehicle described in the definition of “property” above be treated as a total loss by Sasria then all cover in terms of this Policy shall terminate in respect of such motor car or vehicle from the date of such total loss and no refund of premium shall be payable to the Insured.

10. Premium

Notwithstanding that the Period of Insurance stated in the Schedule to this Policy may be less than 12 months the minimum premium payable by the Insured shall be the full annual premium.

11. Validity

This Policy shall not be valid unless countersigned by the Nominated Insurer.


12. Alteration of Use of Property Insured Sasria shall not be liable in respect of any loss of or damage to the property if at the time of such loss or damage the property was being used by the Insured or any person acting with the knowledge of the Insured in any manner which would ordinarily have required the property to be insured in a higher rated category than that used for determining the premium shown in the Schedule.

13. Territorial Limitation

The cover is restricted to property within the Republic of South Africa and if the property is in Namibia temporarily, that is for not more than 60 days.

14. Cancellation

This Policy may be cancelled at any time at the request of the Insured but in such cases no refund or pro-rata refund of premium shall become payable.

15. Fraud

If the claim be in any respect fraudulent and if any fraudulent means or devices be used by the Insured or anyone acting on his behalf to obtain any benefit under this Policy and if any destruction or damage be occasioned by the willful act and with any connivance of the Insured, all benefit under this Policy shall be forfeited.


16. Misrepresentation

This Policy shall be voidable in the event of any material misrepresentation, misdescription or non-disclosure.

17. Reporting Claims to Authorities

All events which may give rise to a claim in terms of this policy must be reported to the South African Police as soon as reasonably possible.


If, during the currency of this section, any driver’s licence in favour of the insured or their authorised driver is endorsed, suspended or cancelled, or if he or they shall be charged or convicted of negligent, reckless or improper driving, notification shall be sent in writing to the company immediately the insured have


We know how stressful it can be when you need to claim, however the sooner you tell us, the sooner we can help you. If you need to claim, what you need most of all is speedy, professional and practical help – that is exactly what we strive towards.

When an accident or other claim event happens, you should take any immediate actions you think are necessary to protect you, your family, anyone else and your belongings from further damage. What you must do depends on what has happened. The sooner you tell us the better. In most cases, there are other people (like the police or the emergency services) you must contact first.

Call us as soon as you can. Once you have called us we will register your claim, confirm what you are covered for and give you a claim number. We will talk you through the next steps, and subject to the terms of the policy we will deal with your claim.


When you want to claim, you must:

1. Tell us about your claim as soon as possible. Our telephone number for claims is

0861 001 041.

Ideally, as part of the initial notification, you must give us:

• Your name, address, and your contact phone numbers.

• Your ID number. • Your policy number. • The date of the incident.

• The cause of the loss or damage.

• Details of the loss or damage and an estimated claim value if you know it.

• Police details where applicable.

• Name, addresses, ID numbers and license details of any other people involved or

responsible for the incident (including details of injuries) and contact details of any witnesses.

2. Give us full details of your claim within 30 days after the event.

3. When we ask for it, give us written proof or any other information within 14 days.


4. Report any event to the police within 24 hours if it involves bodily injury, theft or any criminal act or suspected criminal act or loss of your property. There may be times when we require a SAPS Case reference number (CAS No/CR No/ Enq No) for your claim to be valid.

5. Tell us about and give us within 48 hours any letter of demand, summons or similar legal document you have received in relation to any claim you have made under this policy.

6. Always give us true and complete information. All documentation and information which you provide as evidence or support of any claim must always be true and correct.

If you do not do the above, we may decline your claim.

Please take note of these further important claims terms:

1. You must provide us with any information relating to your claim that we require, at your own expense.

2. You must abide by Avis’s rules after the occurence of an insured event and not tamper with the vehicle or any part thereof until we have had an opportunity to assess the claim. 3. We have the right, if we choose, in your name but at our expense to:

a. Take over the defence or settlement of any claim b. Start legal action to get compensation from anyone else

c. Start legal action to process a recovery against a third party.


4. You must help us to take legal action against anyone or help us defend any legal action if we ask you to.

5. If your claim is in any way fraudulent or if any fraudulent means are used by you, then you will lose all benefits under your policy.




1. Don’t drive away. You must stop if any other person has been hurt, or if any vehicle or property has been damaged.

2. Get the names, ID numbers, addresses and phone numbers of any drivers or pedestrians involved, as well as any witnesses. Ask drivers for the names of their insurers and their policy numbers.

3. Draw a diagram of the scene and take photos if you can. Show as much detail as possible, including the position of all the cars involved (before and after the accident), speeds and distances, road names and layout, where witnesses were standing, any obstructions to your or other road users’ view, and anything else you feel would be relevant.

4. A diagram or photos of the scene of the accident

5. If anyone has been injured, or damage has been caused to other property, you must report the accident to the police immediately and no later than 24 hours after the accident.

6. Don’t admit blame or liability or make an offer of payment. If any of the other people involved do this, please tell us.

7. You must call our Claims Helpline on 0861 001 041 (open 24 hours) as soon as possible.



You are one of our most valuable assets!

The way that you drive says everything about you. Make a positive statement by following these safe driving practices.

Stay Safe

• Use a seat belt at all times – driver and passenger(s).

• Be well-rested before driving.

• Avoid taking medication that makes you drowsy. • Set a realistic goal for the distance that you can drive safely each day.

• If you are impaired by alcohol or any drug, DO NOT DRIVE.

Stay Focused

• Driving requires your full attention. Avoid distractions, such as adjusting the radio or other controls, eating or drinking, and texting or talking on your cell phone.

• Continually search the roadway to be alert to

• Stop about every two hours for a break. Get out of the car to stretch, take a walk, and get refreshed.

Avoid Aggressive Driving

• Keep your cool in traffic!

• Be patient and courteous to other drivers. • Do not take other drivers’ actions personally. • Reduce your stress by planning your route ahead of time (bring the maps and directions), allowing plenty of travel time, and avoiding crowded roadways and busy driving times.


Please read the following carefully as it contains important information relating to the details that you have given us. You should show this notice to any other party related to this insurance.


You are giving your information to Oakhurst Insurance Company Limited. We are a member of the Badger group of Companies. In this information statement, ‘we’ ‘us’ and ‘our’ refers to the group unless otherwise stated.



Your information is all the details we hold about you and your transactions and includes information obtained from third parties.

If you contact us electronically, we may collect your electronic information identifier e.g. Internet Protocol (IP) address or telephone number supplied by your

To keep your insurance portfolio up to date and to assess risk fairly, we also need to compare and share some of your policy and personal information with other insurers, organisations and within our group. You allow us to process your personal information.

We may process and share your information with other members of the group to help us and them: • Assess financial and insurance risks.

• Recover debt.

• Prevent and detect crime.

• Develop our services, systems and relationships with you.

• Understand our customers’ requirements. • Develop and test products and services. We do not disclose your information to anyone outside the group except:

• Where we have your permission.

• Where we are required or permitted to do so by law.


• Where we may transfer rights and obligations under this agreement.

We would like to keep you informed (by phone, post, e-mail or sms) of selected products and services available from us and our chosen suppliers. If you would prefer not to receive this information from us and have not previously advised us of this, please let us know when you contact us.

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change, we will ask your permission.

We will not keep your information for longer than is necessary.


To determine premium payment rates at quote, renewal and/or any future invitations, we will make checks on your public data through a credit reference agency. These enquiries will be recorded and it will affect your credit rating.


If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information.

We and other organisations may also access and use this information to prevent fraud and money laundering, for example when:

• Recovering debt.

• Checking details on proposals and claims for all types of insurance.


At Oakhurst Insurance Company Limited, we really care, and we deliver. If you believe that we have not delivered the service you expected, or you are concerned about any aspect of our service, please let us know.


To help you resolve your concerns quickly it is important that you speak to the right person. If, therefore, your complaint relates to your policy or a claim then please call the Client Care Line number shown on the back cover of this booklet.

We then promise to:

• Fully investigate your complaint • Keep you informed of progress

• Do everything possible to resolve your complaint • Learn from our mistakes

• Use the information from your complaint to proactively improve our service in the future.

We aim to resolve your concerns within 24 hours, as experience tells us that most difficulties can be sorted out within this time.

In the unlikely event that your concerns have not been resolved within this time, we will more formally acknowledge your complaint and explain the reasons why. We will continue to keep you informed of the further actions we will be taking to reach a suitable conclusion.


Once we have reviewed your complaint we will issue our business decision in writing.

The Client Care Manager

Tel: 0861 001 041

Oakhurst Insurance Company Limited Hurteria Building

127 A York Street George


If your complaint is not satisfactorily resolved, you may contact:

The Ombudsman for Short Term insurance

Share call: 0860 726 890 Fax: 011 726 5501 P O Box 32334 Braamfontein 2017

We always value your feedback and at the heart of our brand we remain dedicated to treating our customers as individuals and giving them the best possible service at all times. If we have fallen short of this promise, we apologise and aim to do everything possible to put things right.


Tel: 0861 001 041

Fax: 0866 778 120




127 A York Street, George, 6529


P.O. Box 9738, George, 6530




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