Vismart Four Wheels – Terms & Conditions

Welcome to Vismart Four Wheels. These Terms and Conditions govern the rental of vehicles and provision of transportation and related services by Vismart Four Wheels (“Vismart”, “we”, “us” or “our”) to customers (“you”, “your” or “the Hirer”).

By making a booking, paying a deposit, accepting delivery or collection of a vehicle, signing a rental agreement, or using any Vismart service, you confirm that you have read, understood and agreed to these Terms and Conditions.

These Terms should be read together with your booking confirmation, quotation, rental agreement and any specific conditions communicated to you for your booking.

1. About Vismart Four Wheels

Vismart Four Wheels is a car rental services company operating in Kenya.

Our services include:

1. Self-drive car hire
2. Chauffeur-driven car hire
3. Airport transfers
4. Safari and 4x4 vehicle hire
5. Corporate and long-term vehicle rental
6. Vehicle leasing and related mobility services

Different services and vehicles may have additional conditions, which will be communicated to the customer before or during the booking process.

2. Definitions

For the purposes of these Terms:

“Hirer” means the person or organization renting or using a Vismart vehicle or service.

“Vehicle” means any car, SUV, van, bus, 4x4, safari vehicle or other vehicle supplied by Vismart.

“Booking Deposit” means the payment required to confirm and secure a reservation.

“Security/Damage Deposit” means the separate amount held by Vismart as security against damage, loss, penalties, excessive cleaning, missing accessories or other liabilities arising from the rental.

“Rental Period” means the period beginning at the agreed vehicle collection/delivery time and ending when the vehicle has been returned and accepted by Vismart.

3. Eligibility to Rent a car

To rent a vehicle on a self-drive basis, the Hirer must:

• Be at least 24 years old;
• Hold a valid driving licence appropriate for the vehicle being rented
• Provide valid identification;
• Provide any additional documentation reasonably requested by Vismart Four Wheels
• Satisfy Vismart's verification requirements.

International visitors may be required to provide a valid passport and International Driving Permit or other documentation where applicable.
Vismart Four Wheels reserves the right to verify all documents before releasing a vehicle.
A vehicle will not be released where the Hirer does not satisfy the applicable requirements.
Providing false, misleading, expired, altered or fraudulent documents may result in cancellation of the booking without refund.

4. Booking and Reservation Confirmation

A booking request does not automatically constitute a confirmed reservation.
A booking is considered confirmed only after:

1. Vismart has accepted the booking; and
2. The required booking deposit has been received and verified.

The standard booking deposit is 30% of the total rental amount.
Vismart Four Wheels may require different payment arrangements for particular vehicles, corporate bookings, safari vehicles, peak periods, long-term rentals or special services.
The customer's booking confirmation forms part of the rental agreement.

5. Booking Deposit

A 30% booking deposit is required to confirm a rental reservation unless otherwise agreed in writing.
The booking deposit secures the vehicle for the Hirer and allows Vismart to make the necessary arrangements for the rental.
Once a booking has been confirmed, the booking deposit is non-refundable where the Hirer chooses to cancel the booking.
This is because Vismart Four Wheels may have:

• Reserved a specific vehicle;
• Declined other customers;
• Prepared and serviced the vehicle;
• Scheduled staff or chauffeurs;
• Arranged airport or hotel delivery;
• Made logistical arrangements; or

• Incurred other costs in preparation for the booking.

Payment of the booking deposit therefore constitutes a commitment to proceed with the confirmed reservation.

6. Security/Damage Deposit

A separate Security/Damage Deposit equivalent to 40% of the total rental amount is required for applicable self-drive rentals unless Vismart confirms otherwise in writing.

The Security/Damage Deposit is separate from the 30% Booking Deposit.

The two payments serve different purposes:

Booking Deposit: secures the reservation.

Security/Damage Deposit: provides security against liabilities that may arise during the rental.

The Security/Damage Deposit may be applied toward:

• Vehicle damage;
• Loss of vehicle accessories
• Theft or loss attributable to the Hirer;
• Excessive cleaning;
• Missing equipment;
• Traffic penalties;
• Unauthorized use;
• Recovery or towing costs;
• Fuel shortages where applicable;
• Other reasonable costs arising from the Hirer's use of the vehicle.

The Security/Damage Deposit should not be interpreted as a maximum limit of the Hirer's liability.
Where damage or loss exceeds the amount of the Security/Damage Deposit, the Hirer may remain responsible for the additional amount, subject to applicable law and the circumstances of the incident.

7. Minimum Rental Period

Vismart's standard minimum rental period is:

Weekdays

2 consecutive days

Weekends

3 consecutive days

Certain vehicles, peak periods, public holidays, special events or specific rental arrangements may have different minimum rental requirements.
The applicable minimum rental period will be communicated during booking.
The Hirer cannot assume that returning a vehicle early automatically reduces the agreed rental charges.

8. Rental Charges and Payment

The Hirer is responsible for paying all charges applicable to the booking.
Unless otherwise agreed, the balance of the rental amount must be paid before or at the time of vehicle collection or delivery.
Additional charges may apply for:

• Additional rental days
• Excess mileage;
• Chauffeur overtime;
• Parking;
• Tolls;
• Traffic penalties;
• Delivery or collection services;
• Excessive cleaning;
• Damage;
• Recovery or towing;
• Missing accessories;
• Unauthorized use; or
• Other costs resulting from the Hirer's use of the vehicle.

The applicable charges will be communicated during booking where they are known in advance.

9. Cancellation by the Hirer

Once a booking has been confirmed, cancellation by the Hirer does not automatically entitle the Hirer to a refund.
In particular, the 30% booking deposit is non-refundable once the booking has been confirmed.
Where Vismart has already allocated a vehicle, arranged logistics, scheduled a chauffeur, prepared the vehicle, arranged delivery or incurred other costs, amounts already paid may be retained to cover those commitments.
Any exceptional refund is entirely at Vismart's discretion and must be expressly approved in writing.
Please refer to Vismart's separate Refund & Cancellation Policy for additional details.

10. No-Show

If a Hirer fails to collect or accept delivery of a vehicle at the agreed time without prior communication and arrangement with Vismart, the booking may be treated as a no-show. A no-show does not automatically qualify for a refund. Vismart Four Wheels may release the vehicle to another customer after a reasonable period where the Hirer has failed to make contact. Amounts already paid may be retained in accordance with these Terms and the applicable cancellation policy.

11. Early Return

If a Hirer returns a vehicle before the agreed rental end date, the Hirer is not automatically entitled to a refund for unused rental days. Vismart may consider an adjustment in exceptional circumstances at its discretion. No refund should be assumed unless Vismart confirms it in writing.

12. Vehicle Collection and Delivery

The vehicle will be made available at the agreed collection or delivery location and time. Customers requesting delivery may be required to pay applicable delivery charges. The Hirer is responsible for being available at the agreed handover time and providing accurate contact and location information.

Where a vehicle is delivered to an airport, hotel, residence or other location, the Hirer must comply with the agreed handover procedure.

13. Airport Transfers and Waiting Time

Vismart provides airport transfer services, including transfers to and from Jomo Kenyatta International Airport (JKIA) and other agreed locations.
Customers should provide accurate:

• Flight information;
• Arrival or departure time;
• Contact number; and
• Pickup or drop-off information.

Vismart does not charge airport waiting-time fees.

Customers should nevertheless notify Vismart as soon as possible about flight delays, cancellations or changes to their travel arrangements.
Additional services outside the agreed transfer may attract additional charges where applicable.

14. Vehicle Inspection and Condition

The Hirer should inspect the vehicle before accepting it.

Existing damage, defects and the general condition of the vehicle may be documented through:

1. Photographs;
2. Videos;
3. Inspection forms;
4. Digital records; or
5. Other appropriate documentation.

The Hirer should report any unrecorded damage or defect to Vismart immediately after receiving the vehicle.
By accepting the vehicle, the Hirer confirms that they have had a reasonable opportunity to inspect its condition.

15. Authorized Drivers

Only drivers approved by Vismart Four Wheels may operate a self drive rental vehicle. The Hirer must not allow another person to drive the vehicle without prior authorization. Every authorized driver must satisfy Vismart's age, licence and documentation requirements. The Hirer is responsible for the actions of any person they permit to operate the vehicle.

Allowing an unauthorized driver to operate the vehicle may result in the Hirer becoming responsible for all resulting damage, loss, penalties, insurance issues and other costs.

16. Vehicle Use

The vehicle must be used responsibly and in accordance with Kenyan law.
The Hirer must:

• Obey all traffic laws;
• Observe speed limits;
• Drive safely;
• Take reasonable care of the vehicle;
• Use the correct fuel;
• Keep the vehicle secure;
• Avoid unnecessary damage or abuse;
• Report mechanical problems promptly;
• Report accidents immediately; and
• Use the vehicle only for its intended purpose.

17. Prohibited Use

Unless expressly authorized by Vismart in writing, the vehicle must not be used for:

• Racing or speed competitions;
• Driving under the influence of alcohol or drugs;
• Any illegal activity;
• Transporting illegal goods;
• Subletting or hiring the vehicle to another person;
• Commercial passenger transportation or hire-and-reward activities;
• Towing;
• Carrying loads beyond the manufacturer's permitted capacity;
• Driving through unsuitable terrain;
• Dangerous water crossings;
• Reckless driving;
• Transporting hazardous materials;
• Any use that may invalidate applicable insurance; or
• Any other activity prohibited by Vismart or Kenyan law.

18. Mileage Allowance

The standard mileage allowance is 620 kilometres per rental day.

The total allowance is calculated by multiplying 620 kilometres by the number of rental days.

For example:

2-day rental: 1,240 km included

3-day rental: 1,860 km included

7-day rental: 4,340 km included

Mileage exceeding the applicable allowance is charged at:

KES 500 for every additional 100 kilometres.

The Hirer should inform Vismart before the rental if they anticipate significant additional mileage.

19. Fuel Policy

Vismart provides rental vehicles with sufficient fuel to enable the Hirer to reach the next appropriate petrol station.

Fuel is generally not included as a free component of the rental.
A customer who requires a vehicle to be provided fully fuelled may request this arrangement before collection or delivery.

In such cases, Vismart may require a vehicle-specific fuel deposit.

Examples include:

• Toyota Prado: KES 15,000 fuel deposit

• Mazda CX-5: KES 10,000 fuel deposit

• Nissan X-Trail: KES 10,000 fuel deposit

Fuel deposits for other vehicles may vary according to the vehicle's fuel tank capacity and prevailing fuel requirements.

The applicable fuel deposit will be communicated during booking.

20. Traffic Fines, Parking, Tolls and Penalties

The Hirer is responsible for all costs incurred as a result of their use of the vehicle during the rental period, including:

• Speeding fines;
• Parking penalties;
• Traffic offences;
• Tolls
• Restricted-zone charges;
• Other road-related penalties.

Vismart may recover these amounts from the Hirer where they arise from the Hirer's use of the vehicle.

21. Accidents

The Hirer must notify Vismart immediately following any accident, collision or incident involving the vehicle.

Where appropriate, the Hirer must also notify the police.

Following an accident, the Hirer should:

1. Prioritize the safety of all persons involved;
2. Contact Vismart immediately;
3. Contact the police where required;
4. Obtain the relevant police documentation;
5. Take photographs and videos where it is safe to do so;
6. Obtain details of other parties involved;
7. Avoid admitting liability;
8. Avoid privately settling claims without Vismart's authorization; and
9. Avoid authorizing repairs without Vismart's approval unless immediate action is required for safety or to prevent further damage.

Failure to report an accident promptly may affect insurance processing and may increase the Hirer's financial responsibility.

22. Damage and Loss

The Hirer is responsible for damage to or loss of the vehicle, its equipment or accessories occurring during the rental to the extent that the Hirer is responsible under the rental agreement, applicable law or circumstances of the incident.

Where damage occurs, the Hirer may initially be required to meet the full cost of the damage while the circumstances are being investigated.

Where an insurance claim applies, Vismart may submit the matter to the relevant insurer.

After the insurance investigation and settlement process is completed, any amount actually recovered from the insurer may be considered for reimbursement to the Hirer, subject to the insurer's decision and applicable deductions.

Important Insurance Notice

An insurance claim does not guarantee a refund or reimbursement to the Hirer.
The final outcome may depend on:

• The insurer's investigation;
• Policy terms
• Policy exclusions
• Insurance excess
• Liability determination;
• Police findings
• Driver conduct
• Documentation;
• Negligence;
• Unauthorized use;
• Depreciation;
• Uninsured losses; and
• Other factors determined by the insurer.

Vismart cannot guarantee an insurance payout where the decision rests with the insurer.
The Hirer remains responsible for losses or amounts not covered by insurance where such responsibility arises from the Hirer's actions, negligence, breach of these Terms or other applicable circumstances.

23. Insurance

Vehicles may be insured in accordance with applicable Kenyan requirements and the terms of the relevant insurance policy.
Insurance coverage is subject to the insurer's policy.
Insurance does not mean that every accident, loss or damage is automatically covered.
Insurance protection may be affected or excluded by circumstances including:

• Unauthorized drivers
• Driving under the influence
• Reckless or negligent driving
• Illegal activity
• Failure to report an accident;
• Unauthorized repairs
• Unauthorized cross-border travel
• Prohibited use
• Fraudulent information
• Breach of the insurance policy or
• Other circumstances excluded by the relevant policy.

The Hirer must cooperate fully with Vismart and the insurer during any investigation.

24. Security/Damage Deposit and Insurance Investigations

The 40% Security/Damage Deposit is not an insurance premium and does not guarantee that damage will be covered by insurance.

Where an incident occurs, Vismart may retain or apply the Security/Damage Deposit while the circumstances are investigated.

Where an insurer subsequently settles an eligible claim, any applicable amount recovered may be considered for reimbursement after the claim has been finalized.

There is no guaranteed refund timeframe or guaranteed refund amount, as the investigation and settlement process is controlled partly by the insurer and may depend on circumstances outside Vismart's control.

25. Mechanical Failure and Breakdown

The Hirer must notify Vismart immediately if:

• A warning light appears;
• The vehicle develops a mechanical problem;
• The vehicle becomes unsafe to drive;
• A tyre problem occurs; or
• Any other significant mechanical issue develops.

The Hirer must not authorize major repairs without Vismart's approval unless immediate action is reasonably necessary to protect safety or prevent further damage.

Where a breakdown is not caused by the Hirer's misuse or negligence, Vismart will make reasonable efforts to provide assistance.

Replacement vehicles are subject to availability.

26. Vehicle Replacement

Vismart may replace a booked vehicle where reasonably necessary due to:

• Mechanical failure
• Maintenance
• Safety concerns
• Vehicle unavailability
• Operational requirements; or
• Circumstances beyond Vismart's reasonable control.

Where possible, Vismart will provide a vehicle of a similar category or an appropriate alternative.
A particular registration number or individual vehicle is not guaranteed unless specifically agreed in writing.

27. Vehicle Theft

In the event of theft or attempted theft, the Hirer must immediately notify Vismart and the police.

The Hirer must cooperate fully with all police and insurance investigations.

The Hirer may be held responsible for losses resulting from negligence, failure to secure the vehicle, unauthorized use, leaving keys in the vehicle or other conduct contributing to the loss.

28. Cross-Border Travel

Self-drive Vismart vehicles are strictly prohibited from leaving Kenya.

A self-drive Hirer must not take a Vismart vehicle across an international border.

Cross-border travel may only be permitted where:

1. The journey is specifically approved by Vismart;
2. The vehicle is chauffeured;
3. Vismart provides prior written authorization; and
4. All applicable documentation, insurance, permits and additional requirements have been satisfied.

Unauthorized cross-border travel is a serious breach of these Terms.
Vismart may terminate the rental and take reasonable steps to recover the vehicle.

29. Smoking, Vaping, Pets and Excessive Cleaning

Smoking and vaping inside Vismart rental vehicles are prohibited unless expressly authorized.

The Hirer must return the vehicle in a reasonably clean condition.

Additional cleaning charges may apply where excessive cleaning is required because of:

• Smoking;
• Vaping;
• Food or drink spills;
• Mud
• Pet hair
• Strong odours
• Stains or
• Other avoidable contamination.

30. Personal Belongings

Customers are responsible for their personal belongings.

Vismart is not responsible for personal items left inside a vehicle.
Customers should check the vehicle carefully before returning it.
Where Vismart finds lost property, reasonable efforts may be made to contact the customer.
Any delivery or transportation costs associated with returning lost property may be charged to the customer.

31. Rental Extension

A Hirer who wishes to extend the rental must contact Vismart before the agreed return time.
Extensions are subject to:

• Vehicle availability
• Payment of additional rental charges and
• Vismart's approval.

The Hirer must not retain a vehicle beyond the agreed rental period without authorization.

32. Late Returns

The vehicle must be returned at the agreed date, time and location.
Unauthorized late returns may result in additional charges.
Where a late return affects another confirmed booking, Vismart may recover reasonable costs arising from the delay.
Vismart may take reasonable legal and operational steps to recover a vehicle that remains in the Hirer's possession without authorization.

33. Chauffeur-Driven Rentals

For chauffeur-driven rentals, the assigned chauffeur is responsible for operating the vehicle.

Customers must not instruct a chauffeur to:

• Break traffic laws
• Drive dangerously
• Exceed legal speed limits
• Carry unsafe loads
• Undertake unauthorized cross-border travel or
• Participate in illegal activities.

Chauffeur Working Hours

A Vismart chauffeur may work for a maximum of 14 hours in a day under the standard chauffeur arrangement.
Where the chauffeur is required to work beyond 14 hours, an overtime charge of:
KES 500 per additional hour will apply.

The overtime charge applies to each additional hour worked beyond the 14-hour standard.

Other charges, including parking, tolls, accommodation or special travel arrangements, may apply where communicated during booking.

34. Airport Transfer Services

Vismart provides airport transfer services to and from JKIA and other agreed locations.

The customer is responsible for providing accurate flight and contact information.

Airport waiting time is not charged.

Customers should nevertheless notify Vismart of significant flight changes, cancellations or delays where possible.

Additional services outside the original booking may attract additional charges.

35. Safari and 4x4 Vehicles

Safari and 4x4 vehicles may be subject to additional conditions because of their intended use.

Customers must follow Vismart's instructions regarding:

• Permitted roads
• Off-road use
• Wildlife areas
• Vehicle capacity
• Safety
• Vehicle operation and
• Other applicable restrictions.

Certain safari vehicles may only be rented with a chauffeur or guide.

36. Vehicle Leasing and Other Services

Vehicle leasing, corporate arrangements and other long-term or specialized services may be governed by separate agreements. Where a separate written agreement exists, its terms will apply to that particular arrangement.

37. Termination of Rental

Vismart may terminate a rental and require the immediate return of the vehicle where the Hirer:

• Breaches these Terms
• Fails to make required payments
• Provides false information
• Uses the vehicle unlawfully
• Allows an unauthorized driver to operate the vehicle
• Drives under the influence
• Uses the vehicle recklessly
• Takes the vehicle outside Kenya without authorization
• Fails to report an accident
• Uses the vehicle in a manner that may invalidate insurance
• Refuses to cooperate with an investigation
• Fails to return the vehicle as agreed or
• Places the vehicle, Vismart staff or other persons at unreasonable risk.

Termination does not eliminate the Hirer's responsibility for charges or liabilities already incurred.

38. Limitation of Liability

Vismart will make reasonable efforts to provide the vehicle or service confirmed during booking.

However, Vismart shall not be responsible for losses resulting from circumstances beyond its reasonable control, including:

• Accidents
• Mechanical failure
• Road closures
• Severe weather
• Flooding
• Government restrictions
• Civil disturbances
• Delays
• Third-party actions
• Security incidents; or
• Other unforeseen circumstances.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded under Kenyan law.

39. Force Majeure

Vismart Four Wheels shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include:

• Natural disasters
• Severe weather
• Flooding
• Government action
• Road closures
• Civil unrest
• Strikes;
• Accidents
• Major mechanical incidents
• Security events; or
• Other unforeseen circumstances.

Where reasonably possible, Vismart will communicate with affected customers and seek an appropriate alternative arrangement.

40. Complaints and Customer Concerns

Customers are encouraged to raise complaints or concerns with Vismart as soon as possible.

A complaint should include relevant booking information and supporting documentation where available.

Vismart will make reasonable efforts to investigate and respond to legitimate complaints.

Customers should first attempt to resolve disputes directly with Vismart before pursuing other available remedies.

41. Governing Law

These Terms and Conditions are governed by the laws of the Republic of Kenya.

The parties should first attempt to resolve any dispute through good-faith communication.

Where a dispute cannot be resolved amicably, the applicable laws and dispute-resolution mechanisms of Kenya shall apply.

42. Changes to These Terms

Vismart may update these Terms and Conditions from time to time to reflect changes in:

• Business operations;
• Services;
• Vehicle requirements;
• Legal requirements;
• Insurance requirements; or
• Company policies.

The version applicable to a booking will generally be the version communicated to or accepted by the customer at the time of booking, subject to applicable law.

The latest version will be published on the Vismart website.

43. Acceptance of These Terms

By:

• Submitting a booking request
• Paying a booking deposit;
• Signing a rental agreement
• Accepting delivery of a vehicle
• Collecting a vehicle or
• Using a Vismart service

the customer confirms that they have read, understood and accepted these Terms and Conditions.

Where a specific rental agreement or booking confirmation contains additional conditions, those conditions form part of the agreement.

In the event of a conflict between these general Terms and specific written terms agreed for a particular rental, the specific written terms may take precedence to the extent permitted by law.

44. Contact Vismart Four Wheels

If you have questions about these Terms and Conditions, your booking or any Vismart service, please contact us before making your reservation.

Vismart Four Wheels

Nairobi, Kenya

Phone: 0799 913 533

Website: https://www.vismart.co.ke/

Customers are encouraged to seek clarification before paying a booking deposit if they do not understand any condition relating to their rental.

Important Customer Notice

Before confirming your booking, please ensure that you understand the following key conditions:

30% Booking Deposit
Required to confirm your reservation and is generally non-refundable once the booking has been confirmed.

40% Security/Damage Deposit
Separate from the booking deposit and held as security against damage, loss and other rental liabilities.

620 km Per Rental Day
Additional mileage is charged at KES 500 per additional 100 km.

Minimum Age: 24 Years
Self-drive Hirers must be at least 24 years old and meet Vismart's licensing requirements.

Cross-Border Travel
Self-drive vehicles may not leave Kenya. Cross-border travel requires a chauffeured vehicle and prior written authorization from Vismart.

Insurance and Damage
The Hirer may initially be responsible for the full cost of damage. Any possible insurance reimbursement depends on the insurer's investigation and settlement and is not guaranteed.

Chauffeur Hours
Standard chauffeur service is limited to 14 hours per day. Additional hours are charged at KES 500 per hour.

Airport Waiting
Vismart does not charge airport waiting-time fees.

Fuel
Vehicles are supplied with sufficient fuel to reach the next petrol station. A vehicle-specific fuel deposit applies where a customer requests a fully fuelled vehicle.