The Agreement comprises as per the terms and conditions laid out in the rental document setting out the hire details which is provided with each vehicle at the point of hire. The Rental Agreement is made between Chauffeurs Services Kenya Ltd. (herein referred to as “The Owner” and the person and or company signing the document (herein referred to as “The Hirer”.

It is hereby agreed as follows

TERMS OF HIRE

SELF DRIVE

1. The Owner will allow the Hirer to take the motor vehicle, details of which are described in the Rental Agreement for a period of time, as specified in the Agreement.

2. The vehicle may only be driven during that time by the person named in the Agreement or a supplementary driver, also mentioned in the Agreement and only if they hold a valid driver’s license.

3. The Hirer shall pay the Owner for the hire of the vehicle, the sum as specified in the Agreement and authorise the Owner to charge all amounts payable to the Hirer’s account or a pre authorized credit card.

4. The Hirer acknowledges that they shall be liable to pay to the Owner any additional charges

Such as

a) Fee for additional driver

b) Fee for driver under the age of 23.

c) Extra kilometres (if specified in the Agreement)

d) Charges for Petrol (The vehicle will be given with a full tank and MUST be returned full)

e) Road User Change ( if a vehicle which is specified only for town/tarmac use and this vehicle is taken off road and/or into a national Park – The Hirer will get charged for wrong usage of the vehicle and could even loss their full deposit depending on the extent of the damage to the vehicle.

f) Charges for late return

g) Charges for damage or repair of the vehicle (subject to the other terms of the Rental Agreement); and any enforcement charges relating to such damage or repairs (including legal costs);

h) Charges for cleaning the vehicle's interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette smoke;

i) Traffic and/or parking offence infringement fees;

j) Any surcharges in connection with the use of a debit or credit card by the hirer.

5. The owner will charge the amounts set out in clauses 3 and 4 above to the hirer's account during or after the term of hire is completed, or the hirer may pay such charges as agreed with the owner, such choice to be at the owner's sole discretion.

DEPOSIT

6. A deposit is required to make a reservation at the start of the rental and to cover the liability excess, any charges incurred during the rental and, in some cases, fuel. A valid major credit card will be required in most cases and must be in the main driver's name. Provided the car and extras are returned in the same state as rented and in accordance with the fuel policy, this deposit will be refunded after dropping the car off (please note that it may take 14 days for the money to appear on your credit card again).

Vehicles are rented out with a full tank and are to be returned full. If the car is not returned full, the car will be filled and this money will be deducted from the deposit. The cost may be higher than it would be at a local petrol station and there may be an admin cost involved.

USE OF THE VEHICLE

7. The hirer shall not:

a) Use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the owner's knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 ("the Act");

b) Sublet or hire the vehicle to any other person unless prior approval from the Owner has been obtained;

c) Allow the vehicle to be used outside his/her authority;

d) Operate the vehicle or allow it to be operated in circumstances that constitute an offence (which relates to driving under the influence of alcohol or drugs);

e) Operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;

f) Operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the vehicle;

g) Drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current full valid driver's licence appropriate for the vehicle;

h) Drive or allow the vehicle to be driven on any roads excluded in the terms and conditions, or on any beach, driveway, or surface likely to damage the vehicle;

i) Allow the vehicle to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the vehicle;

j) Operate the vehicle or allow it to be operated to propel or tow any other vehicle;

k) Transport any animal in the vehicle (with the exception of guide dogs for visually impaired people);

l) Operate or allow the vehicle to be used in involvement with any illegal activity; or

m) Allow any person to smoke in the vehicle.

CHILD SEATS, GPS AND SPECIAL REQUESTS

8. Child seats, GPS Navigation systems, roof racks (not available on some cars) and other ‘extra’ items are available on request. There is an additional fee payable to the car hire company. As required by the law, rear seatbelts are provided in all cars. Requests for these items should be made at the time of booking.

OUT-OF-HOURS-SERVICE

9. We do not have an airport office but can offer vehicles at the airport upon flight arrivals. There is an additional fee for this. In the event of flight delay additional costs may be incurred.

MINIMUM / MAXIMUM AGE LIMITATIONS

10. In most locations, the minimum hiring age is 23 years. Additional fees may apply for drivers aged under 25 years or over 65 years: where the correct driver age has been submitted with the booking request, we will advise of any likely fees. Minimum age requirements on larger cars may also be higher.

ADDITIONAL DRIVERS

11. Fees may apply for additional drivers, payable at the start of the hire. Drivers licence copies will be needed for any additional driver. 

One-Way Rentals

12. One-way rentals must be confirmed in advance and are subject to one-way fees, payable to the car hire company at the start of the hire. The vehicle must be returned full at that destination.

DELIVERIES AND COLLECTIONS

13. We can arrange for the vehicle to be delivered / collected from a specified address at an extra charge. We will advise you on the fee when you confirm your pick-up / drop-off times, along with the full address details, in your booking request.

HIRER'S OBLIGATIONS

14. The hirer shall ensure that:

a) All reasonable care is taken when driving and parking the vehicle;

b) The water in the vehicle's radiator and battery is maintained at the proper level;

c) The oil in the vehicle is maintained at the proper level;

d) Only the fuel type specified for the vehicle will be used;

e) The tyres are maintained at their proper pressure;

f) The vehicle is locked and secure at all times when it is not in use and the keys kept under the hirer's personal control at all times;

g) The distance recorder or speedometer, are not interfered with;

h) No part of the engine, transmission, braking or suspension systems are interfered with;

i) Should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention the hirer will stop driving and advise the owner immediately;

j) All drivers authorised to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement; and

k) Any authorised driver carries their driver's licence with them in the vehicle at all times and will produce it on demand to any enforcement officer.

OWNER'S OBLIGATIONS

15. The owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

MECHANICAL REPAIRS AND ACCIDENTS

16. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the owner of the full circumstances by telephone immediately. The Hirer MUST also go to the local Police Station and report the accident and get a stamped.

POLICE ABSTRACT

17. The hirer shall not arrange or undertake any repairs or salvage without the owner's authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

18. 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the owner or its authorised repairer) related to the vehicle specified in the Rental Document. For all other roadside assistance call outs including refuelling, jump start, tyre related incidents, lost keys and keys locked in the vehicle, a service fee will be charged.

19. If the vehicle requires repair or replacement, the decision to supply another vehicle to the hirer is at the owner's sole discretion.

RETURN OF VEHICLE

20. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Document or obtain the owner's consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the hirer does not comply with this clause, and does not immediately return the vehicle, the owner may report the vehicle as stolen to the Police and the hirer must compensate the owner for either the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by the owner.

LIABILITY

21. The hirer is liable for:

a) Any loss of, or damage to, the vehicle and its accessories;

b) Any consequential damage, loss or costs incurred by the owner, including salvage costs, loss of ability to re-hire and loss of revenue; and

c) Any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.

INSURANCE

22. The rate of the hire is inclusive of Collision Damage Waiver (CDW)

Collision Damage Waiver reduces the renter's liability from the total cost of the damage to an excess amount, where applicable, unless the renter intentionally causes the damage, is under the influence of drink or drugs, or uses the car in a prohibited or negligent way – such as driving off main roads or hiring to other parties. CDW covers liability for damage to the car or its parts. Windscreens, tyres, undercarriage, replacement locks, replacement keys and towing charges are NOT covered under the CDW policy.

In cases of minor accidents, such as scratches, bumper dent, broken light, broken/stolen side mirrors etc., the Hirer may want to settle the claim which is less than the cost of the EXCESS I

23. Insurance does not cover reckless or negligent use of the vehicle. If the car is used off road or is left unattended once it gets stuck, The Hirer will be debited from the deposit or may lose the entire deposit depending on the extent of the damage.

24. Windscreen damage and tyre bursts are not included in the insurance and the Hirer will be charged the cost of a new replacement.

INSURANCE EXCLUSIONS

25. The hirer acknowledges that the cover referred to in clause 22 will not apply:

a) At any time when the driver of the vehicle is under the influence of alcohol or any drug;

b) At any time when the vehicle is in an unsafe or roadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or driver was aware or should have been aware of the unsafe or roadworthy condition of the vehicle;

c) At any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle;

d) At any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;

e) At any time when the vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the vehicle (unless the hirer is a body corporate or Department of State and the driver is authorised by them to drive, subject to all other terms and conditions in the Rental Agreement);

f) At any time when the vehicle is driven by an unlicensed person;

g) At any time when the vehicle is wilfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer's authority or control;

h) At any time when the driver commits a traffic offence while driving the vehicle;

i) At any time when the vehicle is loaded or is being loaded in excess of the manufacturer's specifications;

j) At any time when the vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the vehicle;

k) At any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;

l) To any fine or penalty imposed as a result of prosecution for breach of any law;

m) To any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;

n) To any wear and tear to the vehicle;

TRAFFIC OFFENCES

26. All penalties related to traffic and/or parking offences are the responsibility of the hirer and the owner may charge the hirer's credit card for any traffic and/or parking offence infringement fees incurred by the hirer. The owner undertakes, in the event that the owner receives notice of any traffic or parking offenses incurred by the hirer, to send a copy of any such notice to the hirer as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the hirer. The hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).

CANCELLATION OF HIRE AGREEMENT

27. The owner has the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Rental Agreement or otherwise. 

PRIVACY ACT

33. The information requested from the hirer is to enable the owner to assess the hirer’s request to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the vehicle. The hirer acknowledges that the owner will collect, hold and use the hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the owner. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the owner, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organisations responsible for the processing or handling of traffic related infringements; and the hirer hereby authorises the disclosure of their personal information for such purposes.