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.
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.
10.
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
11.
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
Date
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