General Terms & Conditions for Care Hire in Kenya

TERMS AND CONDITIONS – VEHICLE HIRE IN KENYA

These Terms and Conditions govern all vehicle hire services provided by Nairobi Car Hire Services (“the Company”) and form the basis of the rental agreement between the Company and the Hirer.

By confirming a booking or taking possession of a vehicle, the Hirer agrees to be bound by these Terms and Conditions.

1. General Hire Terms

• Hire rates are subject to the specific vehicle category, duration, and nature of hire (self-drive, chauffeur-driven, safari, project, or group transport).
• Rates include only what is expressly stated in the booking confirmation.
• Vehicle images displayed are for illustration purposes only; specific models, colours, or year of manufacture cannot be guaranteed.
• The Company reserves the right to refuse or terminate a hire at its discretion without obligation to provide reasons.

2. Eligibility & Driver Requirements (Self-Drive)

To qualify for self-drive hire, the Hirer and/or authorized driver must:

• Be aged between 23 and 70 years
• Hold a valid driving licence (local or international) for a minimum of two (2) years
• Have no current endorsements on the licence
• Provide valid identification other than a driving licence (passport or national ID)

The Company may require:

• Copy of passport and driving licence
• Full contact details
• Full advance payment prior to vehicle release
• Additional security deposit under special circumstances

3. Chauffeur-Driven Hire

• Chauffeur-driven services are provided during standard working hours: 0700 – 1800 hrs
• Overtime after 1800 hrs is chargeable at USD 5 per hour
• Drivers remain employees of the Company but will report operationally to the Hirer
• Overnight accommodation and meals for drivers/guides may be required on extended trips

4. Insurance, Damage & Liability
5. a) Theft Protection Insurance (TPW)

Limits the Hirer’s liability in the event of vehicle theft, subject to contract terms and compliance.

1. b) Collision Damage Waiver (CDW)

Limits liability for accidental damage to the vehicle.
The following are not covered:

• Tyres
• Windscreens
• Undercarriage damage
• Interior damage
• Damage caused by negligence or misuse

1. c) Excess Liability & Deposit

• Standard excess/security deposit: USD 1,000
• The excess is refundable upon return of the vehicle in the same condition as collected
• Excess Waiver (ELW) may be available for selected vehicles

If CDW or TPW is declined, the Hirer assumes full financial responsibility for vehicle damage or loss, regardless of fault.

5. Fuel Policy

Vehicles are supplied with a full tank of fuel at the start of hire. The Hirer may:

• Return the vehicle full
• Return it partially full and pay for missing fuel at prevailing local rates plus service surcharge
• Purchase fuel in advance where applicable

6. Vehicle Security & Restricted Areas

• Vehicles must be locked at all times when unattended
• Long-term parking in public or unguarded areas is discouraged
• Travel to North Eastern Kenya, including Garissa and Maralal, is prohibited without prior written approval
• Police escort may be required for restricted regions at the Hirer’s cost

Loss or damage arising from negligence or breach of these conditions is not covered by insurance.

7. Reservations, Cancellations & No-Shows

Prepaid Reservations

• Vehicles are held for four (4) working hours beyond the scheduled pickup time
• No refunds apply for no-shows unless cancellation terms are met

Pay-on-Pickup Reservations

• No charge applies for non-collection unless otherwise agreed

Failure to cancel a confirmed booking may result in charges up to the full hire value.

8. Cross-Border Travel

• Written authorization must be obtained prior to crossing borders
• Vehicles may be permitted to travel into Uganda and Tanzania only
• Cross-border insurance fees apply and vary by passenger count
• Requests must be made at least 48 hours in advance
• Border taxes, permits, and immigration charges are payable directly by the Hirer

The Company accepts no responsibility if entry into another country is denied.

9. Bus & Group Transport Hire

• Quotations are based on direct routes and information provided by the Hirer
• Vehicle routing remains at the discretion of the Company unless otherwise agreed
• Legal seating capacity will be confirmed at booking and must not be exceeded
• Additional charges arising from route changes or extended use shall be borne by the Hirer

10. Safari & Wildlife Regulations

All safari hires must comply with conservation and park regulations.

Wildlife Code of Conduct

• Respect wildlife and their natural habitat
• Do not crowd, feed, or provoke animals
• Maintain a minimum viewing distance of 20 metres
• Keep noise to a minimum
• Remain inside the vehicle except in designated areas
• Observe park speed limits (maximum 40 kph)
• Never drive off-road
• Leave no litter and extinguish fires completely
• Respect local communities and cultural traditions

Violation of park rules may result in fines, eviction, or termination of hire without refund.

11. Urban Safety Advisory

In Nairobi and other major towns:

• Avoid leaving vehicles unattended in public areas
• Secure mirrors, wipers, wheel caps, and accessories
• Park in guarded or visible locations where possible

Losses due to negligence are the responsibility of the Hirer.

12. Service Charter

The Company undertakes to:

1. Provide vehicles as booked under agreed terms
2. Maintain vehicles in safe, roadworthy condition
3. Ensure professional conduct of drivers and guides
4. Offer replacement vehicles where scheduled servicing conflicts with bookings
5. Deliver vehicles at agreed collection points

13. Governing Law & Legal Framework

All vehicle hire agreements are governed by the laws of the Republic of Kenya.

Kenyan car hire contracts operate within a statutory and legal framework that includes:

• The Law of Contract Act
• The Traffic Act (Cap 403)
• The Hire-Purchase Act (where applicable)
• Consumer Protection Laws

This framework regulates permitted vehicle use, traffic compliance (including speed limits and DUI laws), insurance obligations, liability, payment terms, and vehicle condition. Any disputes arising from the hire agreement shall be subject to the exclusive jurisdiction of Kenyan courts.

Important Note

If any clause is unclear, the Hirer is encouraged to seek clarification before confirming a booking. Our team is available to guide you on vehicle selection, insurance coverage, and hire conditions.