TERMS & CONDITIONS
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Terms & Conditions
SMART RENTALS is a rental business company officially registered in Kenya. By booking or entering into a car rental contract with SMART RENTALS in Kenya, you acknowledge that you have carefully read, comprehended, and agreed to the terms and conditions outlined below.
The terms and conditions for car rental with a chauffeur differ slightly, with self-driving as follows:
General use of the Vehicle
1. The term “SMART RENTALS” or “Owner” refers to SMART RENTALS, while “You” or “Hirer” refers to the individual(s) who have signed the Rental Agreement.
The “Rental Agreement” pertains to the agreement between You and the Owner, while the “Vehicle” denotes the rented Vehicle.
2. The Hirer must return the Vehicle on the predetermined date and time before 7:00 PM unless the Owner has permitted a later return. Refunds will only be given for returning the Vehicle as agreed upon.
3. The individual who intends to rent the Vehicle must have a legitimate driver’s license from their home country or an International Driver’s License if necessary, along with a current Passport for non-citizens or ID for those who are Kenyan citizens. The driver must never forget to have their license with them while operating the Vehicle. For both the Hirer and the approved driver, their age must fall between 24 and 70.
4. The person who has signed the rental contract and their authorized travel partners are the only individuals permitted to drive the Vehicle. The Hirer accepts responsibility for any losses or damages resulting from an unauthorized driver using the Vehicle.
5. The replacement cost of any lost or significantly damaged camping equipment shall be charged to the Renter.
6. The Renter must pay All fines or penalties incurred due to traffic violations.
7. The rental Vehicle is provided with a full diesel/petrol tank and must be returned in the same condition to avoid refueling fees.
8. The Renter must exclusively refuel the Vehicle at larger gas stations, such as Shell, Rubis, or Total gas stations, as some smaller stations may sell fuel mixed with harmful additives that can cause damage to the engine.
II Speed Limits
80 km/hour on highways.
Safari vehicles like the Land Cruiser and Pickup Hilux are considered trucks by the police due to their heavy load of luggage and camping equipment because they require a longer distance to brake.
When driving through towns, the speed limit is 40 km/hour, and even on main highways that pass through villages, the speed is significantly reduced.
Inside National Parks, the speed limit can range from 30-40 km/hour depending on the condition of the tracks and the park.
Our cars have trackers that notify us instantly if they exceed the permitted speed limit, ensuring your safety.
III. Restricted areas and recommendations
9. SMART RENTALS grants permission for the Hirer to operate the Vehicle, subject to prior approval, in certain areas like LAMU (TURKANA DELTA), Lake Turkana, Maralal, Marsabit, Masai Mara, Galana River towards Garsen, Mandera, and all areas north of Wajir and Moyale.
However, travel to Ngorongoro crater, Serengeti, the northern frontier of Kenya, or any foreign country outside of Kenya is strictly prohibited, and a penalty of USD2000 will be imposed if violated.
Prior approval is required for travel to the unapproved regions, and it is recommended that a driver-guide from SMART RENTALS be used, as the areas are remote and the local people do not speak English. SMART RENTALS can provide a knowledgeable local driver-guide upon request.
10. If your plans involve a trip to the Maasai Mara, it’s best to take the C12 and C11 road, which is fully paved up to the gate and suitable for Rav4, Prados, and Vanguard vehicles.
However, the Hirer needs to rent a different vehicle to make their way through the game drives in Maasai Mara; alternatively, arrangements can be made with us or directly from Masai Mara.
The C13 and C14 routes are known for their dangerous single-vehicle rollovers, which are likely to occur due to the rocky terrain with washboard ribbons.
If you are driving a Land Rover, Range Rover, Landcruiser, or safari van, keep a LIMITED SPEED of 35 km/h to prevent losing control of your car.
Insurance does not cover single-vehicle rollovers, nor will it be a risk for hirers to assume.
11. For your safety, the Hirer is not allowed to drive in the dark, before sunrise (approx. 6.30 AM) and after sunset (19:00), unless the Hirer has specifically asked for permission and the Owner has agreed
12. The Renter may enter other countries only with written approval from the Owner and by obtaining additional Insurance.
13. DOWNLOAD Kenya Maps so they can drive on GPS.
14. Before renting out any vehicle, we conduct a thorough inspection and replace any necessary parts to ensure it is roadworthy and safe for use. We guarantee that you will receive the car in excellent condition. As the Hirer, you are responsible for ensuring that the Vehicle is returned to us in the same condition as it was provided at the beginning of your rental period.
15. During the rental period, you are accountable for the Vehicle’s condition and must adhere to all driving regulations and safe driving practices. Maintaining the car includes regular checks on coolant, lubricants, tire pressure, and oil levels. We advise doing these checks before departure or when refilling the fuel tank. The rental costs do not include maintenance fees, which the Hirer will cover. Failure to maintain the fluid levels could result in engine damage, which the Hirer would be responsible for paying for.
16. Should any warning lights on the dashboard illuminate, the Hirer must contact the SMART RENTALS office in Nairobi for consultation.
17. If the Vehicle experiences a mechanical breakdown that cannot be fixed within 24 hours and is not due to negligence, fault, or actions of an approved driver, a substitute Vehicle will be made available.
Please note that replacement Vehicles will be sourced from Nairobi. (The company is not responsible for any delays that may arise due to accidents, traffic, road maintenance, Vehicle replacement, or mechanical issues).
18. If the Vehicle requires repairs while in use, the Hirer must:
a. Seek authorization from the SMART RENTALS office in Nairobi before any repairs are carried out;
b. Get proof of payment that must be given to SMART RENTALS when returning the Vehicle.
C. It is advised not to keep any valuable items, even the Vehicle’s tool kit, in the car while taking it to a garage, as thefts are common. The Renter is responsible for replacing any lost or stolen items from the Vehicle, including spare tires, jacks, and other tools provided with the car.
D. Caution should be taken while driving as some individuals may trick car renters by creating false mechanical issues such as oil leakage under the car. If they stop, they may attempt to scam large sums of money from the Renter. The company cannot be held accountable for such incidents.
19. At all times, whether the Renter or a third party caused the accident, the Renter must immediately notify the SMART RENTALS office in Nairobi, take pictures of the damaged Vehicle and other vehicles involved, and obtain and submit a police report.
20. In an incident involving one or more vehicles, it is necessary to obtain and report the details of the vehicles involved and their respective drivers, including driver identification, phone numbers, license plate numbers, and insurance registration numbers.
21. Following an accident, it is essential for the Hirer not to leave the Vehicle unattended, as unattended cars are at risk of being vandalized.
VII. Damage, Exemption & Insurance
22. The Hirer is responsible for the following:
a. any loss of or Damage to the Rental Vehicle during the rental period;
b. all third-party property damage caused or contributed to by the Hirer or an approved driver or arising from the use of the Vehicle by the Hirer or an authorized driver;
c. all third-party bodily injury caused or contributed to by the Hirer or an approved driver or arising from the use of the Vehicle by the Hirer or an authorized driver, subject to the clauses.
23. If the Vehicle collides with another object, including other vehicles, and causes Damage during the rental period, SMART RENTALS relinquishes your responsibility under clause 22 on the condition that you have signed the online Rental Agreement, SMART RENTALS agrees the driver was not at fault, you have abided by the terms of the Rental Agreement, and you have paid for the excess amount that the Insurance does not cover mentioned in clause 27.
24. In case of Vehicle theft during the rental period, SMART RENTALS will waive the liability under clause 22, provided that:
a. The car was parked at a secured, private compound, and there is evidence of a break-in (such as a damaged garage door).
b. You have reported and cleared the theft with the police.
c. You have provided SMART RENTALS with all the details of the incident RTA demands (comprising those stated in clause 21).
25. SMART RENTALS will not exempt you from liability stated in clause 23, and any resulting damages will not be covered by Insurance if any of the following situations occur:
a. Exceeding the speed limit while driving.
b. Engaging in an accident or rolling over while driving alone.
c. Failure to properly care for or maintain the Vehicle that leads to Damage. For instance, you must cease driving immediately when the overheating warning symbol appears on the dashboard.
d. Impaired driving due to consumption of alcohol or drugs.
e. Operating a vehicle in prohibited zones or restricted areas.
f. Damage resulting from water immersion or saltwater.
g. Misuse of fuel type.
26. In case of a significant accident, the Hirer is responsible for paying an excess fee, also known as a “deductible,” of up to USD 500 for SALOON CAR and USD 700 for the RAV4, XTRAIL, NOAH, VANGUARD, and USD 1000 for the ALPHARD, HARIA, PAJERO, and USD 1500 for PRADO and LAND ROVER. This fee is not covered and is solely the Hirer’s own risk.
27. This paragraph does not cover the following kinds of damages, and they are not included in the Insurance:
a. The Hirer’s personal harm, physical injuries, or belongings, as well as those of the approved driver. The Hirer is advised to acquire travel and health insurance.
b. The expenses for repairing and replacing the following:
i. Tires: The Vehicle has high-quality tires when rented, but in the event of a flat tire during a road trip, the Hirer will bear the repair cost. If any tires are irreparably damaged, the Hirer must purchase a tire with the exact dimensions, type, and wear characteristics, and the expense is on them. SMART RENTALS should always be contacted for suggestions on what type of tires suit.
ii. Underbody protection: Harm to the underbody of the Vehicle is deemed the result of a lack of caution when driving.
28. SMART RENTALS takes no liability for any losses, damages, or injuries experienced by the Renter or the authorized driver within the limits of legal constraints.
29. SMART RENTALS is unable to assume liability or provide compensation for unexpected circumstances beyond its control or staff, including flight delays or cancellations, force majeure events such as war or the threat of war, civil unrest, terrorism, closure of borders, government or authority actions, strikes, theft, outbreaks, road closures, labor disputes, natural or nuclear disasters, extreme weather, fire, transport technical and mechanical issues, and similar events beyond SMART RENTALS’s influence.
IX. Security deposit
30. A credit card reservation €500 is necessary as a security deposit. Our team will inspect the Vehicle and camping equipment, if included, upon return. The credit card hold will be released if they are found to be in acceptable condition. However, if substantial concerns cannot be verified on-site, the Vehicle will be taken to our workshop, and the partial or complete deposit may be charged. X. Payment information and cancellation policy.
31. After accepting the agreement, an invoice that needs to be paid at least two weeks before the departure date (or upon arrival with a prior arrangement with SMART RENTALS) will be sent. The invoice may be paid in cash upon arrival or online using Credit Card, Bank transfer, or PayPal.
32. CANCELLATION POLICY:
If you cancel a pre-booked Vehicle for any reason, Smart Rentals will deduct all standby Vehicle and service charges related to the cancellation.
A deduction will be made from the vehicle price based on the duration of the hire.
Days % of the vehicle price to be deducted
If the hire period exceeds 35 days, a deduction of 5% will be made
Between 15 and 35 days, a 20% deduction will be made
A 30% deduction will be applied for a hire period between 6 and 15 days.
Refunds will only be provided for hirers who cancel within six days and above.
The processing of refunds for cancellations will take place within 30 days. Still, in case of last-minute cancellations or rescheduling within 14 days of the departure date, no refunds will be issued. Customers should obtain travel or cancellation insurance to ensure coverage in such cases. Refunds for all canceled vehicles will be processed within 30 days. Customers should consider purchasing travel insurance or cancellation insurance for added protection.