Car hire terms and conditions

For Car hire terms and conditions,(“The Company”) hereby agrees to let on hire to the person named overleaf (“the hirer”) and hereby agrees to hire the motor vehicle described overleaf together with spare tyre(s), jack, wheel spanner, tool kit accessories carried with it (fixed or lifted in the vehicle) hereinafter call the (“vehicle”) upon terms and conditions set out overleaf and hereunder.

2. The period of hire shall be set out overleaf and the vehicle must be returned to the Company on the date and time set out unless the period of hire is extended in which case the vehicle must be returned on the date to which the period of hire is extended. The vehicle shall be returned to the Company premises during office hours namely (Monday to Friday 8.00 a.m. to 5.00 p.m. and Saturday 8.00a.m to 1.00 p.m.).

Outside these hours, the hirer must make special arrangements in writing when signing the contract. It is an offence to keep the vehicle beyond the agreed period and the Company may at any time after the agreed date of return has passed reposes the vehicle and take any further legal action against the Hirer at the hirer’s cost. Further in such event CDI and TPI (if taken) will cease to apply and the Hirer shall be fully responsible for any loss or damages whatsoever caused by accident, fire or otherwise howsoever. The Company shall under NO circumstances liable to pay any damage to or indemnify in any way, the Hirer in case of any delays in delivery of the vehicle.

3. In accepting the vehicle the Hirer shall be deemed to have satisfied him/herself that the vehicle is road worthy and in proper, safe and working order condition and the Company shall not be liable to make any payment to the Hirer in any way whatsoever for any loss, injury, or damage sustained by the Hirer or any part as result of any defect in the vehicle or any breakdown.

4. The hire charges shall be based on the number of days the vehicle is hired and the mileage done by the vehicle during the period between dates the vehicle is taken from the Company’s premises and returned there. Where the speedometer records in miles, the distance travelled shall be converted at 1.6km per mile. If the speedometer seal is tampered with the charge shall be at the rate of 700km per day and the hirer shall be responsible for replacing the speedometer. In case the Company suspects any fraud it reserves the right to report the Hirer to police for action.

5.  The hirer further agrees that:-a)  He will not drive (and ensure that any authorized driver) will not drive the vehicle under the influence of alcohol, hallucinations drugs, narcotics, barbiturates and any other substances impairing the driver’s consciousness or ability to control the vehicle. The vehicle will be driven in a skillful manner and all Traffic Laws and Rules and the provisions of the Highway Code shall all time be complied with and observed. The vehicle shall (a) not be Overloaded (b) Carry more passengers than its capacity specified on the PSV Licence on the windscreen.b)  The vehicle will be driven by the hirer or any other driver named overleaf who must have a current driver’s Licence held for a minimum of 2 years and must not be less than 23 years and not more than 70 years of age.c)

The vehicle will be kept locked and secured when parked and every precaution will be taken to avoid theft of it or any item in it or damages to it.d)  The hirer shall not use the vehicle for racing or peacemaking or for any other purpose other than domestic and social purposes and shall not carry passengers or goods in the vehicle for reward.e)

The vehicle shall be driven only on all weather roads and shall NOT be taken out of Kenya unless with prior arrangement with the Company.f)  The hirer shall promptly and timely pay parking fees and traffic fines and failure to do so, he shall be responsible to pay the Company additional USD $20  plus each fine not paid and not indemnify the company for any loss or damage it may suffer as a result of the hirer’s fault.g)

The hirer shall at all time check the oil and water and tyre pressure for the company will not be responsible for any loss or damage or expenses.h)    Unless authorized by the company in writing, the hirers under no circumstances modify, fix extra accessories or repair the vehicle. The company shall not be liable for any defects or want of repairs beyond 1,000/= in the vehicle.i)      Not withstanding anything herein contained incase of breakdown or an accident or damage to the vehicle as a result of willful act or gross neglect of the hirer or authorized drive, the hirer shall pay the Company the total cost of towing and full cost of repairing the vehicle fully.j)

The hirer shall be responsible to pay for repair of punctures, replacing of burst tyres, stolen or lost spare wheel, damage or broken windscreen or glasses, damaged rims, tools (including jack and handle), fire extinguishers, life savers, tape recorder and radio, CDI does not cover these items.k)     The vehicle will have either full or empty tank at the beginning of hire and must returned with the same amount of fuel at the date and time of return of the car.l)      Incase of an accident (involving the vehicle) the hirer or the authorized driver shall report to the police station. Under no circumstances shall liability be admitted. The hirer shall at the earliest opportunity and in any case not later than 48 hours after the occurrence of the accident give full statement when required the hirer shall make available the driver to give any statement as may be required by the company.m)   If any anti theft device installed in the vehicle is not utilized by the hirer and if the vehicle is stolen, the CDI will be void and the hirer will be required to pay for the whole vehicle.6. a)

The insurance policy covering the vehicle has been made available to the hirer as he hereby acknowledges and he and the authorized driver shall at all times comply with terms and condition of this contract and the insurance policy. Subject to such compliance (but not otherwise) he or the authorized driver shall be entitled to benefit of the insurance policyb)    The vehicle is insured for third party Act only i.e. only liability to compensate a third party (not the driver or passengers) who is injured. Damage to the vehicle or loss by fire or theft of the vehicle or any material damage to any other vehicle or property and the driver and the passengers are not covered. In case of third party injury claim the hirer shall be responsible to bear the first KShs. Excess premium claim stated by the company depending on the vehicle hired.c)

If the hirer exercises his option to ask for collision damage waiver (C.D.I) he shall be liable to pay the amount indicated overleaf for collision damage caused to the vehicle and fire or theft of the vehicle.d)    The insurance, whether or not CDI option is exercised, does not cover:- i. Any loss of items from the vehicle. ii. Any broken or damage to the vehicle otherwise than collision. iii.Injuries loss to the hirer or driver or the passenger. iv.Burst tyres, stolen, lost spare wheel, damaged/broken windscreen or glasses, damaged rims, tools (including jack and handle) tape recorder and radio.e)     All vehicles are insured, but in all cases the first KShs Excess Premium depending on the vehicle hired on each and every claim is the responsibility of the hirer.

IMPORTANT:The insurance cover(s) aforesaid are available only if the terms and conditions contained herein and in the insurance policy complied with, failing which the hirer shall be fully responsible for all damages and costs and shall fully indemnify the company in respect of any loss or damage suffered by the vehicle or the Company or for any claims received by the company and all costs and expenses therein.

PAYMENT TERMS9.    Full payment for the period of hire and the estimated cost of mileage must be made at the time of taking the vehicle. Further a deposit of between KShs. 50,000 and KShs. 150,000 or equivalent (refundable depending on the class of the vehicle) must be made. If payment is by credit card, a blank signed slip must be kept by the company and charges filed up by the company when the vehicle is returned.10.  Besides deposit, full identifications and physical address of the hirer must be given and where required by the company an acceptable guarantee shall be given.
11.  No relaxation, forbearance or indulgence by the Company in enforcing the terms and conditions of this agreement shall prejudice or affect the rights and power of the Company hereunder nor shall any waiver of any breach of any subsequent or continuing breach. I hereby agree to all the terms and conditions of this contract and to abide by them and accept full responsibility for the vehicle until is returned to the Company by signing this document.