- Chance Tours and Safari Ltd. agrees to let on hire to the hirer whose signature appears overleaf the motor vehicle described overleaf. The motor vehicle, together with all tyres, tools, spare parts and accessories carried with it, is hereinafter referred to as “the vehicle”.The hire is subject to all the terms and provisions contained herein, in addition to those set out overleaf.
- The vehicle is and shall remain the property of the company. The hirer shall return it in the same order and condition as when received, except for ordinary wear and tear, at the place and time set out overleaf or at such other place as the company may direct.Delays in returning the vehicle exceeding two hours from the agreed return time shall be charged at KSh. 500 per hour for a maximum of four hours. Thereafter, the full daily hire charge shall become payable.
- Only the hirer or another driver named in this contract and holding a bona fide driving licence is authorised to drive the vehicle.The driver must be over 23 years and under 65 years of age and must have held a valid driving licence for at least two years.
If any person not named in the contract drives the vehicle, the hirer shall be responsible for all damage to the vehicle and any claims resulting from damage, injury or loss.
The vehicle shall be driven carefully and skilfully, and all applicable traffic laws and regulations shall be strictly observed.
- The vehicle shall be properly locked and secured whenever it is not in use. The hirer shall take every reasonable precaution to prevent the vehicle from being damaged, lost or stolen.The vehicle must be kept away from riots, demonstrations and civil commotion.
- The company shall insure the vehicle as required by the laws relating to compulsory motor vehicle insurance and against any other risks that the company considers appropriate.The rights and obligations of the parties under this agreement shall not be affected by any right of recovery that the company may have under the insurance policy.
- By accepting the vehicle, the hirer shall be deemed to have inspected it and satisfied himself or herself that the vehicle is roadworthy and in a proper and safe condition.The owner shall not be liable for any loss, injury or damage sustained by the hirer or any third party arising from the possession or use of the vehicle, any defect in the vehicle, delays, mechanical failure or breakdown.
The owner shall not be responsible for any personal belongings or luggage belonging to the hirer or passengers that are lost, damaged or stolen from the vehicle.
- The distance travelled during the hire period shall be conclusively determined by the reading of the standard distance-recording device fitted to the vehicle at the commencement and conclusion of the hire.The speedometer is sealed. If the seal is tampered with, legal action may be taken and a minimum charge of KSh. 500 per day may be imposed.
- Without prejudice to any other liability under this agreement, the hirer shall be solely responsible for all fines, penalties, charges and forfeitures imposed as a result of any breach of the law, by-laws or regulations by the hirer or any other person in control of the vehicle.At the end of the hire period, the hirer shall hand over to the company all demands, notices, summonses, court processes and notifications relating to penalties or charges incurred during the hire period.
- During or after the hire period, the hirer shall not do, permit or attempt to do any of the following:
- Sell, pledge, charge, transfer or otherwise part with possession or ownership of the vehicle, except by returning it to the company.
- Make, cause or permit any repair, adjustment, replacement or alteration to the vehicle or any part of it without the company’s prior written consent.
- Carry out or permit any act that may prejudice or endanger the company’s legal title or ownership of the vehicle.
- No waiver, amendment or variation of these terms shall be binding on the company unless it is made in writing and signed by a director of the company.
- Any dispute arising from or relating to this agreement shall be subject to the jurisdiction of the courts of the Republic of Kenya or any other court having lawful jurisdiction over the dispute.
- The hirer shall report any accident involving the vehicle to the owner within 24 hours of its occurrence and to the police within the period prescribed by law.The hirer shall provide all information and assistance required by the owner, the owner’s insurer or the police and shall disclose all relevant details concerning the accident.
All towing and vehicle recovery charges shall be borne by the hirer.
Additional Conditions
- Punctures, tyre bursts, damaged tyres, damaged wheel rims, theft or loss of spare wheels and tools, and damaged or broken windscreens shall be the sole responsibility of the hirer and are not covered by the insurance policy.The hirer shall be charged for the repair or replacement of any such item that is lost or damaged during the hire period.
- In the event of a breakdown, the hirer shall not undertake or authorise repairs or replacement of any part of the vehicle without the company’s prior consent.The hirer shall immediately stop using the vehicle where continued use may endanger the hirer, another person or property, or may worsen the damage to the vehicle.
- The vehicle shall not be used for racing, pace-making, speed testing or any similar activity.The vehicle shall not be used to carry passengers or goods for hire, reward or fare unless expressly authorised by the company.
The vehicle shall only be used for lawful purposes and shall not be used for any business or activity contrary to the laws of Kenya.
- The hirer accepts full responsibility for regularly checking the vehicle’s engine oil and other essential fluids during the hire period.The hirer shall be liable for any damage resulting from failure to perform these checks or from any other negligent use of the vehicle.