WEST PRIDE RENTALS is a limited liability company incorporated in the republic of Kenya (herein after called” the company” which expression shall where the context admits include its successors and assigns) here by agrees to let on hire to the person whose name appears overleaf (together with all tyres, tools, spares and accessories carried with it) is hereinafter called “the vehicle” subject to the terms and conditions contained overleaf and hereunder.
TERMS AND CONDITIONS
1. DELIVERY AND RETURN
The renter acknowledges that the vehicle is in good overall condition and without apparent defects and that the renter will return it to the company together with all documents relating thereto in the same condition as when received to the place and during normal business hours on the date specified overleaf or to such place and such other time as the company may direct
CONDITONS OF USE
The renter covenants and agrees that the renter shall not during the period of hire do or attempt to do or permit to be done in relation to the vehicle any of the following acts:
(a)Permit the vehicle to be driven
(i) by any other person other than the renter or on other person designated by the renter and approved of in written by the company in the space provided overleaf
(ii) by any person not in possession of a valid driving license recognized in the republic of Kenya
(iii) by any person while such person is under influence of alcohol, hallucinatory drugs, narcotic, barbiturates or any other substance impairing the driver’s consciousness or ability to react:
(b)Permit the vehicle to be used:
(i) For any transportation of persons or goods for hire or reward
(ii) in any rally speed test or contest
(iii) For propelling or towing any vehicle trailer or other object
(iv) In contravention of any traffic regulations
(v)On roads which are not all weather roads outside Kenya
(c)Sell pledge charge or otherwise part with possession of the vehicle otherwise than the company or do or permit to be done any act which may prejudice or endanger the title of the company to the vehicle
(d) make or cause or permit to be done any repair adjustment or alteration to the vehicle on any part thereof without the consent in writing of the company.
COLLISSION DAMAGE WAIVER (CDW) NOT INSURANCE, THEFT, PROTECTIONWAIVER (TPW) NOT INSURANCE
CDW,TPW are options available for an additional charge which when offered and accepted at the time of rental waives or reduces the customers’ ability for loss of or damage to rental car provided the car is used in accordance with all the terms and conditions of the rental agreement.in all cases the customers’ liability is shs 100,000/=for saloon vehicles and shs250,000 /=for 4*4vehicles.excess liability waiver (ELW)option is available for an additional charge per day. tyres, tubes, windows and tools are not included
The renter hereby agrees to pay or reimburse to the company or demand the following sum:
(a)the charges set out overleaf or if so let out the company’s current tariff for the vehicle in question at the beginning of the rental and it is hereby expressly agreed
that the distance travelled shall be conclusively determined by the reading of the standard distance recording device fitted to the vehicle
(b) any charges for refueling collision damage waiver personal accident insurance and any other standard or miscellaneous charge at the rates shown in this agreement or in the company current tariff.
(c) any taxes on the rental or the amount charged by the company as reimbursement for them(d)any fines penalties legal cost and fees and other expenses incurrent in collecting
Payments due from the rental under the agreement or imposed in the company by law arising from the use of the vehicle while on rental to the renter.
(e) Interest at 3% per month on charges remaining unpaid after 30days from date of invoice.
DAMAGES TO THE VEHICLE
(a) Regardless of fault, the renter is responsible for loss of or damage to the car resulting from any cause other than accidental fire or acts of nature (for example, collision, rollover, theft or vandalism).if the car is used as permitted by this agreement, this responsibility is limited to the value of the car at the time it is lost or damaged, less its salvage value, appraisal fees or recovery cost. If the renter accepts collision damage waiver, which is not insurance, at the beginning of the rental, such loss or damage unless it results from
(i) The international loss or damage to the car by the renter or by the additional driver.
(ii) The renter’s use or the additional driver’s use as prohibited by paragraph 2 above or recklessly, abusively wantonly or with gross negligence including if the renter leaves the car and fails to remove keys or lock all doors and the trunk.
(b) where loss or damage to the vehicle occurs while the is being used operated or driven or in control of any person in breach of any terms of this agreement or of any laws or regulations for the time being in force in the republic of Kenya the renter shall pay to the company arising from the said loss or damage with all the incidental costs and expenses
(c) The ability of the renter shall not be reduced nor cease by reason of any indemnity to which the renter may be entitled from any third party.
In the event of any accident or occurrence which might be prejudicial to the company taking place the renter hereby undertakes:
(a) Not to admit liability for such accident
(b) To report such accident to the police and to the company not later than (24) hours from the time of the accident or the occurrence taking place
(c) To complete an accurate accident report at the company and to provide full details of the identities of other parties involved in the accident, witnesses and police officers.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
The company shall not be responsible for the damage suffered by the renter or by the third parties arising in connection with the operation of the vehicle or loss or damage to the renter’s property left in the vehicle or loss or inconvenience resulting from delays in delivery breakdown or other causes beyond the control of the company.
LIABILITY FOR FINES, PENALTIES & FORFEITURES
Without prejudice to the above provisions the renter shall be solely liable and responsible for all fine s, penalties and forfeitures imposed by any breach by the renter or any other person in control of the vehicle of any law by law or other regulations of any competent authority, and the renter shall on completion of the rental hand over to the company all demands, summons, processes and notifications in connection with or arising out of the commissions of any offence in relation the use of the vehicle and notifications of any penalties and charges incurred by the renter during the period of hire.
VARIATION OF TERMS
No waiver or variation of the terms hereof shall be binding on the company unless authorized in writing and signed by director of the company.
It is understood and agreed that any disputes or claims arising under this agreement shall be subject to the sole jurisdiction of the court of Kenya.