Terms & Conditions
SMART RENTALS is a rental company registered in Kenya. Booking or signing a car rental agreement with SMART RENTALS in Kenya confirms that you have read, fully understand and accept the terms and conditions described below.
The terms & conditions for car rental with a driver are slightly different, you can find them (here) Terms & conditions for self-drive car rentals
General & use of the Vehicle
1. “SMART RENTALS”, or the “Owner” means SMART RENTALS; “You” or the “Hirer” means the person(s) who have signed the Rental
Agreement; The “Rental Agreement” means the rental agreement made between You and the Owner; “Vehicle” means the vehicle which is rented by you.
2. The Hirer shall return the Vehicle on the agreed date, before 7:00 PM, unless the Owner has specifically agreed otherwise. No refunds shall be given for early returns.
3. The Hirer shall have a valid driver’s license (of the country of residence and/or an International Driver’s License) and a valid Passport for non-residents or ID for Kenyan citizen. It is the driver’s responsibility to ensure that he/she carries the driver’s license with him/her whilst driving. The hirer and/or authorized driver must be over 24 years of age and under 70 years of age.
4. The Vehicle is to be operated only by the Hirer who has signed the rental agreement and his authorized travel companions. Any loss or damages arising from the use of the vehicle by an unauthorized driver shall be borne by the Hirer.
5. Any losses or serious damages to the camping gear shall be charged to the Hirer at replacement value.
6. Any fine or penalty from the traffic police shall be settled by the Hirer.
7. The Vehicle is rented with a full tank of fuel – diesel – and shall be returned to the Owner with a full tank in order to prevent refueling charges.
8. The Hirer is required to fill up on fuel only at larger gas stations, such as Shell and Total. In some of the smaller gas stations, fuel can be mixed with other liquids or additives, which may seriously damage the Vehicle’s engine.
II Speed Limits
80 km/hour on highways. This might seem limited, but take note that a Land cruiser and Pickup Hilux packed with luggage and camp gear is a heavy vehicle. The police, therefore, classify safaris vehicles as trucks, because of the longer brake distance. 40 km/ hour when driving through towns. Note that the main highways also pass through towns, so greatly reduce your speed. 30- 40 km / hour inside the National Parks, depending per park and the condition of the tracks Our cars are equipped with car trackers, and for your own safety, we
receive instant notifications when our vehicles drive beyond the allowed speed.
III. Restricted areas & recommendations
9. SMART RENTALS will allow the hirer to drive the said vehicle but will not allow use of the said vehicle into the following areas unless with prior arrangement: LAMU (TURKANA DELTA). Lake Turkana, Maralal, Marsabit, Masai Mara, Galana River towards Garsen, Mandera and all areas north to Wajir and Moyale are completely prohibited. The region borders Somalia and is unstable. Ngorongoro crater, Serengeti and northern frontier of Kenya or any country outside Kenya unless further agreed. Penalty USD2000.(if not agreed in this agreement)
For and if agreed with SMART RENTALS the regions applies that we need to be informed beforehand and it requires our approval. We nevertheless do advise exploring these regions with a driver-guide from SMART RENTALS, because the area is so remote, and the local people do not speak English. We can arrange a driver – guide who knows this area well.
10. Planning to visit the Maasai Mara? The C12 and C11 road is the recommended route to take and is fully tarmacked upto the gate for Rav4, Prados, Vanguard other arrangements can be made for the hirer to hire a different vehicle either from Masai Mara or from us to tackle the game drives in Masai mara.. The C13 and C14 are notorious for single-vehicle rollovers. It is a challenging road due to the rocky surface with washboard ribbons. If you have Land rover, Landcruiser or safari van 4×4, drive at LIMITED SPEED (35 km /h), otherwise, you lose control. Single vehicle roll-overs are NOT covered by the insurance. Single vehicle roll-overs are NOT covered by the insurance so is a great risk to the hirer.
11. For your safety, the Hirer is not allowed to drive in the dark, which is before sunrise (approx. 6.30 AM) and after sunset (19:00 PM), unless the Hirer has specifically asked for permission and the Owner has agreed
otherwise.
12. The Hirer is not allowed to cross any other country borders without prior written approval from the Owner and additional insurance coverage through the issuance of a valid COMESA yellow card.
13. Hirers are advised to install the free App Maps.me on their Smartphone before travel and download the Kenya Maps, so they can drive on GPS.
IV. Maintenance
14. All Vehicles are checked and serviced before being rented out and you will receive the Vehicle in a safe and roadworthy condition. The Hirer shall return the Vehicle in the same condition as it was provided at the start of the rental.
15. You are responsible for the Vehicle during the rental period and you will use the Vehicle in accordance with good driving practices and in compliance with all laws. This maintenance of the Vehicle includes checking engine oil and other lubricants, coolant water, and tire pressure. We recommend to do so every time you are topping up fuel or every morning before departure. The costs of the Vehicle’s maintenance during the rental period shall be covered by the Hirer. Failure to maintain appropriate fluid levels may result in engine damage, for which damage the Hirer shall be liable.
16. If any dashboard warning lights illuminate, the Hirer should consult the the SMART RENTALS office in Nairobi.
V. Mechanical breakdowns & repairs 17. In case of a mechanical breakdown of the Vehicle which cannot be
repaired within 24 hours and which is not the result of your negligence, fault or by that of an approved driver, a replacement Vehicle will be provided.
17. Kindly note that replacement Vehicles will have to come from Nairobi. (The company is not liable for any delays caused by accident, traffic jam, road repair, vehicle replacement or mechanical problems).
18. In case the Vehicle needs to be repaired during the rental period, the Hirer ensures that:
a. The office in Nairobi is contacted for authorization prior to any repairs to the Vehicle;
b. a receipt is issued and given to SMART RENTALS upon return of the
Vehicle;
c. When bringing the Vehicle to any garage, valuables should not be left in
the Vehicle (even the car tool kit) as it is not uncommon for items to be
stolen at the garage. Hirers are required to replace items lost or stolen from
the Vehicle (including spare tires, jacks and other tools which come with
the Vehicle)
D. Beware of conmen along the roads stationed at bumps pointing at the
hired car and causing alarm of mechanical problems example oil licking
under the car, they come about 4 to 6 pouring oil trailing and under the car
if you stop they will pretend to repair and con you a lot of money. The
company will not be liable for such cases.
VI. accident
19. In case of an accident, whether it is your fault or those of the third party, the Hirer shall always immediately notify the SMART RENTALS office in
Nairobi and take pictures of the damaged Vehicle and the other vehicle(s) involved in the accident and process and clear a police report.
20. In case of an incident involving one or more vehicle(s), details of these vehicle(s) and their driver(s) should be identified and reported, such as the driver’s ID, telephone number, number plate and insurance registration number.
21. After an accident, the Hirer should not leave the Vehicle unattended, as it is not uncommon for unattended vehicles to be vandalized.
VII. Damages, waiver and Insurance
22. Subject to this clause, the Hirer is liable:
a. for the loss of or any damage to the hired Vehicle during the rental
period;
b. for all third-party property damage of any person, which is caused or
contributed to by the Hirer or an approved driver or which arises from the
use of the Vehicle by the Hirer or an approved driver;
c. for all third-party bodily injury, which is caused or contributed to by the
Hirer or an approved driver or which arises from the use of the Vehicle by
the Hirer or an approved driver;
23. In the event of an unintended collision between the Vehicle and any
other object (including another vehicle) during the rental period that results
in damage to the Vehicle or to the property of any third party, SMART
RENTALS waives your liability under clause 22, provided:
a. you have accepted our Terms & Conditions by having signed the online
Rental Agreement;
b. SMART RENTALS agrees that you and/or the approved driver were not
at fault;
c. you have complied with the terms of the Rental Agreement;
d. you pay for the excess amount not covered by the Insurance (see clause
27).
24. In the event of theft of the Vehicle during the rental period, SMART RENTALS waives your liability under clause 22, provided:
a. the car was parked at a secured, private compound and there are clear
signs of break in ( such as a damaged garage door);
b. you have processed and cleared a police report;
c. You have provided SMART RENTALS with any details of the incident
that RTA requests (including the ones mentioned in clause 21).
25. SMART RENTALS will not waive your liability under clause 23 and the damages arising thereof will not be subject of coverage by the Insurance, if any of the following events has occurred:
a. Driving in excess of speed limits.
b. Single vehicle incidents or rollover.
c. Damage to the Vehicle is caused by lack of proper care/maintenance of
the vehicle. For example, when you see the overheating symbol on the
dashboard, you have to stop driving immediately.
d. Driving under the influence of drugs or alcohol.
e. Driving on restricted roads/areas.
f. Water submersion or saltwater damage is caused
g. Wrong fuel use
26. An excess fee applies of maximum USD 500 for SALOON CAR, USD 700 FOR THE RAV4, XTRAIL, NOAH, VANGUARD, USD 1000
ALPHARD, HARIA, PAJERO, USD 1500 PRADO, LAND ROVER is payable by the Hirer. (Self drive only), also known as the “deductible”, which is not covered and is the Hirer’s own risk.
27. The following damages do not fall under the waiver subject to this paragraph and are NOT covered by the Insurance:
a. personal bodily injury and/or belongings of the Hirer or the approved
driver. The Hirer is advised to obtain travel and medical insurance;
b. the following repair and/ or replacement costs:
i. Tires: the Vehicle is rented out with good quality tires, but having a flat
tire can happen during the road trip and repair is at the expense of the Hire.
In the event that any of the tires are damaged beyond repair, the Hirer must
replace it with a tire of the same dimension, type and wear characteristics
and the cost is for the account of the Hirer. Always call SMART RENTALS
for advice on which type of tires are suitable.
ii. Underbody coverage: damage to the underbody of the vehicle is
considered a result of careless driving.
iii. Windows.
VIII. Liability
28. SMART RENTALS shall, to the maximum extent permitted by law, not be liable for any loss, damage or injury of any nature of the Hirer or the approved driver.
29. SMART RENTALS cannot accept liability or pay compensation for unforeseen circumstances beyond its control or its staff, including flight delays/cancellations or force majeure such as war or threat of war, riots, civil disturbances, terrorist acts, border closure, acts of government or other authorities, strikes, thefts, epidemics, road closures, industrial disputes, natural or nuclear disaster, extreme weather conditions, fire, technical and/or mechanical problems to transport and all similar events beyond SMART RENTALS’s control.
IX. Security bond
30. A security bond of € 500 is required through Credit card reservation. Upon return of the car, the vehicle will be inspected by our staff. When the vehicle and camping equipment if included in the vehicle are in acceptable condition, the Credit card freeze will be released. In case of strong doubts which cannot be verified on-site, the vehicle is brought to our workshop, and the bond, if any, partially or in full, will be charged. X. Payment details and cancelation policy
31. When you have accepted the contract, we send you an invoice which should be paid latest two weeks (or on arrival if agreed with SMART RENTALS) before the departure date. The invoice can be paid cash on arrival or online by Credit Card, Bank transfer or PayPal.
32. CANCELLATION POLICY:
If for some reasons you happen to cancel a vehicle you had booked in advance, Smart Rentals are going to deduct all cancellation costs related to Vehicle on standby and service charges. The following will be the amount to be deducted from the deposit paid:
Days % of the vehicle price to be deducted
Over 35 days 5% of the hired period
15 – 35 days 20% of the hired period
6 -15 days 30% of the hired period
Less than 5 days No refunds
Not Showing up No refunds
All refunds will be processed within 30 days of cancelling the vehicle There are no refunds in case of a last-minute cancelation or rescheduling, which is 14 days before your departure date or less. Take out travel insurance or cancelation insurance, if you want to be covered.
14. GOVERNMENT TAXES VAT: 16% IS PAYABLE ALONG THE HIRE CHARGES