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Terms and Conditions

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Terms and Conditions
1. Rent A Fine Car Ltd. (“the company”) hereby agrees to let on hire to the person overleaf (“the Hirer”), and the Hirer hereby agrees to take on hire the motor vehicle described overleaf together with a spare tyre, jack, wheel spanner, tool kit and accessories carried with it, or lifted in the vehicle hereinafter called (“the vehicle”) upon the 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 set out overleaf 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 vehicles shall be returned to the Company’s premises on Argwing Kodhek Road opposite Studio House at KH Osmond Nairobi during office hours namely (Monday to Friday, 8.00am to 5.00pm), or by special arrangements having been made. 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 institute 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 indemnify 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 road worthy and in proper and safe condition and working order, 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 on any other party as a result of any defect in the Vehicle or any break down.

4. The Hirer charges shall be based on the number of days the vehicle is hired and the mileage done by the vehicle during the period between the dates the vehicle is taken from the Company’s premises and returned there. The rates per day plus per kilometre are set out overleaf. 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 charges shall be at the rate of 700km per each day, and the Hirer shall be responsible for replacing the speedometer. In case the Company suspects any fraud it may reserve the right to report the Hirer to the police.

5. The Hirer further agrees that: -

a. He will not drive (and ensure that any authorised driver will not drive) the vehicle whilst he is under the influence of alcohol, hallucination drugs, narcotics, barbiturates and any other substances impeding the driver’s consciousness or ability to control the vehicle. The vehicle will de driven in a skilful 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 or (b) carry more passengers than its passenger 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 bona fide driver’s licence for a minimum of 2 years, and must be not less than 23 years and not more than 65 years of age.

c. The vehicle will be kept locked and secured when parked and every precaution will be taken to avoid theft or damage to it, or any item in it.

d. The vehicle shall be used for social and leisure purposes, and only on all-weather roads. The vehicles shall at no time be used for racing or pace making, for carriage of good or for carrying fare-paying passengers.

e. The vehicle shall not be taken out of Kenya.

f. The Hirer shall promptly and timeously pay parking and traffic fines, and if he shall fail to do so, he shall be responsible to reimburse to, and indemnify the Company for any loss, damage or expenses that it may suffer as a result of the Hirer’s fault.
g. The Hirer shall at all times check the oil and water and tyre pressure, and the in the event he fails to do so, he shall be responsible to reimburse to, and indemnify the Company for any loss, damage or expenses it may suffer.

h. Unless authorised by the Company in writing, the Hirer under no circumstances shall modify, fit extra accessories or repair the vehicle. The Company shall not be liable for any defects, or want of repair in the vehicle.

i. Notwithstanding anything herein contained, in case of a breakdown, or accident, or damage to the vehicle as a result of wilful acts, or gross neglect by the Hirer or the authorised driver, the Hirer shall pay the Company the total cost of towing the vehicle to the Company’s premises, and full cost of repairing the vehicle.

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

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

l. In case of an accident (involving the vehicle) the Hirer or the authorised driver shall report to the police and the Company within 24 hours no matter how minimal the accident is, and shall supply to the Company the police officer’s name and 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 make available the driver to give any statements as may be required by the Company.

m. If any anti-theft device installed in the vehicle is not utilised by the Hirer, and if the vehicle is stolen, the CDI will be void and the Hirer will be called upon to pay costs of the vehicle.

6a. The insurance policy covering the vehicle has been made available to the Hirer as he hereby acknowledges, and he and the authorised driver shall at all times comply with the terms and conditions of this contract and the insurance policy. Subject to such compliance (but not otherwise) he or the authorised driver shall be entitled to the benefit of the insurance cover provided by the insurance policy

b. The vehicle is insured for Third Party Act only i.e. only the liability to compensate a third party (not the driver or passenger) 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 passenger are not covered. In case of a third party injury claim, the Hirer shall be responsible to bear the first Kshs Excess premium claim as 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. – 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.

d. The insurance, whether or not CDI option is exercised does not cover: -

I Any loss of items from the vehicle.
II Any breakdown or damage to the vehicle otherwise than by collision.
III Injuries or loss to the Hirer, or driver, or passengers.
IV Burst tyres, stolen or lost spare wheel, damaged or broken windscreen or glasses, damaged rims, tools (including jack and handle), tape recorder and radio.

e. All cars 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.

The insurance cover (s) aforesaid are available only if the terms and conditions contained herein, and in the insurance policy are complied with, failing which the Hirer and authorised 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. (a) Full payment for the period of hire and the cost estimated mileage must be made at the time of taking the vehicle. Further, a deposit of between Kshs50,000 to Kshs100,000 (refundable) depending on the class or the vehicle must be made. If payment is by credit card, a blank signed slip must be kept by the Company and accruing charges filled in by the Company when the vehicle is returned.

(b) All accounts must be cleared by not later than 10th of the following month. Any account not paid by the due date will incur interest at the bank rates in force at the time.

8. Beside the deposit lodged, full identification and physical address of the Hirer must be given, and, where required by the Company, an acceptable guarantee shall be given.

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

The vehicle shall not be taken out of Kenya, nor shall it be driven to Lake Turkana and the surrounding areas without the written consent of the Company, or unless this clause is cancelled and the cancellation endorsed by the Company.

This agreement shall be governed by and construed in accordance with the laws of Kenya, and court proceedings arising from the rental, the use of the vehicle or this agreement shall be conducted in the courts of Kenya.

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 it is returned to the Company.

Hirer's signature

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