1. Introduction
The car insurance and responsibilities for European and/or American States are considerably different from those in Africa. It is important for Topagro Tours and Car Rentals clients to know that in countries like Namibia, from where our business operates, some vehicles do not possess car insurance. In such cases, the owners and/or the users of such vehicles (therefore not any insurance company) become liable for damages and compensation claims arising from any accident. Our vehicles are comprehensively insured but it is important to understand that our insurers also have terms and conditions defining the boundaries of the insurance of our cars.
Another key thing to note is that information that we collect from and about our clients is treated confidentially. Our clients are mostly European Union citizens and are protected by the General Data Protection Regulation (GDPR). We therefore reassure our clients that any information you provide to Topagro Tours and Car Rentals (names, date of birth, credit card details, billing addresses etc.) will ONLY be used for the purposes of us providing the client with car rental service and shall not be passed to any third party.
2. Standard Excess and Reduced Excess Insurance Options
Standard Excess (N$25 000,00 security deposit withheld from credit card)
Our vehicles have standard third party insurance. This insurance option does not include any excess. In other words, the renter, under this option, does not pay any additional fee on the daily rental rate and Topagro Tours and Car Rentals blocks the standard excess amount on the credit card (Visa or MasterCard) of the client (Authorisation only).
IMPORTANT: You should have sufficient funds on your credit card to have the chosen level of Insurance Excess blocked (authorization only) on your credit card. Topagro Tours and Car Rentals WILL NOT release any car without a successful authorization of the chosen excess amount. Please note that the provided credit card should be valid for at least 120 days from day of rental start. Unfortunately, we DO NOT accept American Express, Diners Club, mobile payments or electron cards. Standard Excess is normally about 10% of the insured/replacement value of the vehicle that the renter is renting during the rental period. Upon return of the vehicle, our company automatically cancels the authorisation if there are no damages to the car.
However, if there are damages to the car, Topagro Tours and Car Rentals will proceed to deduct from the blocked amount, all costs associated with returning the vehicle back to its original condition. Standard Excess DOES NOT include windscreen and tyre damages. Under this option, the cost of windscreen and tyre damages are the responsibility of the client and will be deducted from the blocked Standard Excess amount.
Important to note is that under this insurance option, our client is always liable for the damages of the rented vehicle up to the standard excess amount, regardless of who caused the accident or who is guilty. In other words, even if the damage or accident was caused by a third party, Topagro Tours and Car Rentals will proceed to use the blocked amount to cover damages and repairs and in the case that the vehicle is damaged beyond repair and declared a write-off by insurance assessors, the client will forfeit the entire blocked amount.
Reduced Excess
If the client prefers a lower excess level than the standard excess, Topagro Tours and Car Rentals provides the option of Reduced Excess. Reduced Excess comes at additional fee/charge on the daily rental rate. The client can reduce the excess to zero (100% reduction) and pay an appropriate additional fee/charge on the daily rental rate. We have two (2) Reduced Excess Options:
Reduced Excess: 50% reduction on Standard Excess; and
Zero Excess: 100% reduction (meaning zero excess)
Reduced Excess (N$12 000,00 security deposit withheld from credit card)
Reducing the level of excess helps to reduce cost in case of an accident in which a third party is involved. The damage to the rented vehicle (above the amount of the chosen excess level) as well as the third-party damages (no excess applicable) is covered.
Important: Reduced Excess cover damages to one (1) tyre, only the front window (windscreen) and does not cover damages due to single-vehicle accidents (refer to next section) or damages due to sandstorms.
Zero Excess (No security deposit withheld from credit card)
Inclusions under Zero Excess are:
- Damage to all windows; ü Two (2) damaged tyres;
- Sandblast damages;
- Single vehicle accidents (Please note that this DOES NOT include negligence, for example, speeding, driving under the influence of alcohol are excluded).
See section on negligence for full details. ü Undercarriage damages.
The Zero Excess is only bookable as from 10 rental days.
IMPORTANT: Zero Excess IS NOT the same as the European “Full Casco” or “All Risk” insurance, where all damages are covered independent of the cause or the guilt. Zero Excess considers the cause of guilt so the renter still needs to respect the general terms of agreement as outlined in this document.
3. Single Vehicle Accidents
Losing control of the car and rolling the car, bumping a tree while reversing the car, accidents without the involvement of a third party are single-vehicle accidents.
IMPORTANT: Losing control of the car and rolling the car, bumping a tree while reversing the car while under the influence of alcohol shall NOT be considered a single vehicle accident and Zero Excess shall immediately lapse and be invalid.
4. Coverage by the insurance company
In above-mentioned policies, the damages are covered in case:
- it concerns a traffic accident in line with the definition of the insurance (see below);
- there is no situation of negligence; and
- it is not a situation mentioned in the exclusions.
5. Traffic accident
The used definition of a traffic accident is: an accident with the vehicle where another vehicle is involved, or where a pedestrian is involved, or where an animal is involved.
IMPORTANT: an accident without the involvement of other parties (single-vehicle accidents), like e.g. rolling the car is not covered with Reduced Excess (only with Zero Excess).
6. Negligence
This is the situation when the driver and/or the passengers are not behaving according to the law, the terms & conditions of the rental agreement or general regulations.
- Examples of negligence, when the insurance does not cover the damages are:
- in case of drunk driving;
- in case of speeding;
- in case of crossing a red traffic light;
- in case of driving through water (rivers, swamp, sea), where the water level reaches higher than the axel of the car; and
- in case of wrong use of clutch, gears and engine of the car;
Negligence will also include:
- Driving after sunset;
- Driving before sunrise
- Dune Driving;
- Sandwich Harbour;
- Van Zyl’s pass;
- Driving along riverbeds;
- In deep water;
- Driving in saltwater; ü Driving In sandstorms; and ü Driving in unregistered roads.
In all these situations, the insurance becomes invalid and Topagro Tours and Car Rentals will repossess the vehicle without any refund to the client. Topagro Tours and Car Rentals WILL NOT provide any backup of any form in all these instances and the renter is liable for all costs resulting from damages, tow-ins, breakdowns, transfers, and repairs.
Negligence also applies to crossing the borders without the express permission of Topagro Tours and Car Rentals.
Our company permits cross border rentals and the client need to make appropriate arrangements with our company to cross the Namibian Borders to neighbouring countries. We will provide a consent letter and any other appropriate documents ONLY. Cross border charges and road taxes in visited countries will be on the renter’s account.
7. Exclusions
Below is a full list of damages that are not covered by the insurance:
- (burning) damage caused by cigarettes, matches and / or lighters;
- damage caused by walking or standing on the roof or bonnet; ü damage caused by rolling the car, without the involvement of another party (included in Zero Excess);
- damaged glass and windows (included in Zero Excess);
- damaged tyres (punctures, leaking, and/or extraordinary use) (included in Zero Excess);
- damage caused by driving through water;
- damage caused by sandstorms (included in Zero Excess); and ü damage of personal belongings;
- Damage of the gear box, clutch due to failure to correctly operate the vehicle. Topagro Tours and Car Rentals will train you on how to correctly operate the vehicle, specifically how to engage and disengage the 4×4 function and the correct speed limits when the vehicle is engaged in 4×4.
8. Speed Limit and tyre pressure.
Within city limits and in National Parks: 60 km/hour, Gravel roads: 80 km/hour and Highways/Tarred Roads: 120 km/hour.
All our vehicles are on an active satellite tracking system, monitoring speed, harsh turning, and harsh raving of the car. Please note that our vehicles are NOT meant for EXTREME DRIVING. For such services, prospective renters are advised to rent cars from companies that offer such services.
IMPORTANT: If you exceed this speed limit all insurances and Reduced Excesses lapse and become invalid, even if you are on Zero Excess. The client CANNOT go above speed limit, do harsh turning and raving because they are on reduced excess. Topagro Tours and Car Rentals does not offer racing vehicles but cars for self-drive safaris. We reserve the right to repossess the vehicle at no refund in such cases, as client will be posing threat to our property and his/her own life.
Tyre pressure should be kept at 1.6 KPa for all tyres in gravel roads and 2 KPa in tarred roads.
9. Theft, Medical Expenses and Repatriation
Theft of the vehicle is covered in case the client behaved responsibly, the vehicle was locked and in case the client can deliver the original car keys (except in case of car hi-jacking). However, Topagro Tours and Car Rental is NOT responsible for any losses of the client’s property due to theft or other ways. We are also not responsible for medical bills or repatriation in the event of an accident or death. The renter is therefore encouraged and/or required to take out appropriate travel insurance packages that cover such incidents.
10. Tyre damage
Zero Excess covers the client for two (2) tyres and Reduced Excess covers the client for one (1) tyre. In case of a puncture or a damaged tyre, the renter can try to have it fixed at an appropriate outlet or can choose to purchase a new tyre. When returning the car the renter will be charged for the damaged tyre (if they are on standard excess insurance), as the damaged tyre must be replaced by a new one. Topagro Tours and Car Rentals DOES NOT use repaired tyres on vehicles and as such, DOES NOT accept repaired tyres. A damaged tyre is replaced by a new tyre as it poses a threat to the next client.
11. Sandstorm
In case of a sandstorm, stop the car immediately and try to look for temporary shelter. If this is not possible, then continue driving with a very low speed. Damages caused by a sandstorm are not covered by the insurance (except for Zero Excess). Sandstorms do mostly occur at the coast and in case of an eastern wind.
12. Police report is compulsory
Topagro Tours and Car Rentals demands a full police report in case of damage or theft either of the vehicle or any camping equipment. When you are able to take pictures, this is advisable at all times.
13. Towing cost
Topagro Tours and Car Rentals covers towing cost in case of a technical breakdown. The towing cost in case of an accident are always on the account of the client.
14. Claim handling fees
The cost associated with the process of claiming from our insurance company (called ‘claim handling’) is for the account of the client.
15. Website Content Usage and Data Policy
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Other than the content you own, under these Terms, TopAgro Tours and Rentals and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
These Terms will be governed by and interpreted in accordance with the laws of the Republic of Namibia, and you submit to the non-exclusive jurisdiction of the state courts located in the Republic of Namibia for the resolution of any disputes.
You are specifically restricted from all of the following
- Publishing any Website material in any other media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is or may be damaging to this Website;
- Using this Website in any way that impacts user access to this Website;