Terms and Conditions

1) Safari Kwetu ( “The Company”) hereby agrees to let to the person named overleaf (“The Hirer”) and the Hirer hereby agrees to take on hire the motor vehicle described overleaf (hereinafter together called “the vehicle” upon the terms and conditions set out overleaf and hereunder)

2) The period of hire shall be as set out overleaf and the vehicle must be returned to the Company on the date set out overleaf. The vehicle shall be returned to the Company’s premises or any destination agreed upon between the hirer and the Company during working hours, namely (Monday to Friday 8.00am to 5.00pm. Saturday 8.30am to 12.30pm). It is an offence to keep the vehicle beyond the agreed dates and the company may at any time after the agreed date of return has passed repossess the vehicle and take any further legal action against the hirer at his cost. Further in such an event CDI (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 not under any circumstances be liable to pay any damages to or indemnity in anyway, 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 himself that the vehicle is roadworthy and in a proper and safe condition and working order and the company shall not be liable to make any payment or indemnify the hirer in anyway whatsoever for any loss, injury or damage sustained by the hirer or any third party as a 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 between the dates the vehicle is taken from the company’s premises and returned there.

5) The hirer further agrees that: -

i) He will not drive (and ensure that any authorized driver will not drive) the vehicle under the influence of alcohol, narcotics 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 at all times be complied with and observed. The vehicle shall (a) not be overloaded (b) carry more passengers than its passenger capacity specified on the PSV license on the windscreen.

ii) The vehicle will be driven by the Hirer or any other driver named overleaf who must have a current bona fides driver’s license for a minimum of 2 years and must be not less that 23 years and not more that 65 years age.

iii) The vehicle will be kept locked and secured when parked and every precaution will be taken to avoid theft of it or of any item in it and damages to it.

iv) The vehicle shall be used for social and pleasure purposes only on all weather roads. The vehicle shall at no time be used for racing or pace running nor for carriage of goods for carriage charges or for carrying fare paying passengers.

v) The vehicle shall not be taken out of Kenya.

vi) The hirer shall pay all parking and traffic fines and if he shall fail to do so, he shall be responsible to pay the company additional shs. 1000/- plus each fine not paid and to indemnify the company for any loss or damage it may suffer as a result of the hirer’s default.

vii) The hirer shall at all times check the oil and water and tyre pressure and in the event he fails to do so he shall be responsible to reimburse to and to the indemnify the company of any loss damage or expenses it may suffer.

viii) Unless authorized by the company in writing, the hirer shall under no circumstances modify, fit extra accessories or repair the vehicle. The company shall not be liable for any loss damager or expenses that it may suffer.

ix) Notwithstanding anything herein contained in case of a breakdown or an accident or damage to the vehicle as a result of willful act or gross neglect or the hirer or the authorized driver, the hirer or the authorized river, the hirer shall pay the company the total cost of towing the vehicle to the company’s premises and full cost or repairing the vehicle fully.

x) The hirer shall be responsible to pay for repair of punctures, replacing burst tyres, stolen or lost spare tyres, damage or broken windscreen or glasses damages rims, tools (including jack & handle), tape recorder & radio. CDI does not cover these items.

xi) The vehicle will have full petrol tank at the beginning of the hire and must be returned with a full tank.

xii) In case of an accident, the hirer or the authorized drive shall report to the police and to the company within 24 hours and shall supply to the company the police officer’s name, number and the details of 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 a full statement in writing of how the accident occurred and fill and sign the claim form and also provide a copy of the police abstract form duly completed. If and when required the hirer shall be available to give any statements as may be required by the company.

i) The insurance policy covering the vehicle has been made available to the hirer as he as he acknowledges and he and the authorized driver shall at al times comply with the terms and conditions of this contract and the insurance policy. Subject to such compliance (but no otherwise) he or the authorized driver shall be entitled to the benefit of the insurance cover provided by the insurance policy.

ii) The vehicle insured for third party act risk only i.e. only the 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 any other material damage to any other vehicle or property and the driver and the passengers are not covered. In case of a third party injury claim the hirer shall be responsible to bear the first shs. 10,000/- of such claim.

iii) If the hirer exercises his option to ask for collision damage waiver (CDI see overleaf) he shall be liable to pay the amount indicated overleaf for collision damage caused to the vehicle and fire or theft of the vehicle.

iv) The insurance, whether or not CDI option is exercised, does not cover.

(a) Any loss of items from the vehicle

(b) Any breakdown or damage to the vehicle otherwise than by collision.

(c) Injuries or loss to the hirer or driver or the passengers

(d) Burst tyres, stolen, lost spare wheel, damaged, broken windscreen or glasses, damaged rims, tools (including jack & handle) tape recorder & radio.

Important

The insurance cover(s) aforesaid are available only if the items and conditions contained herein and in the insurance policy are compiled with failing which the hirer and the authorized driver 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.

Payment Terms

7) Full payment for the period of hire must be made at the time of taking the vehicle. Further a deposit of between KSHS. 40,000/- to KSHS. 150,000/- (refundable) depending on the class of the vehicle must be made.

8) Full identifications and physical address of the hirer must be given and where required by the company and acceptable guarantee shall be given.

9) No relaxation, forbearance or indulgence by the company in enforcing and of the terms or conditions of this agreement shall prejudice or affect the rights and powers of the company hereunder nor shall any waiver of any breach operate as a waiver of any subsequent or continuing breach.

Thereby agree to all the terms and conditions of this contract and to abide by them and accept full responsibility for the vehicle until it is returned to the company.