Terms and Conditions of Hire

Vehicle Description
1. VISMART FOUR WHEELS will rent the vehicle and the hirer (client) will take on the hire of the motor vehicle described on the rental agreement.

Duration of Hire
2. (a) The term of rental shall not be less than three days (3days).
(b) When a vehicle is left at any other place than where it was delivered to then termination shall be when the vehicle inspection shall occur at the time of the collection. The hirer will be responsible for the vehicle up until the time of collection.
(c) Should the hirer wish to terminate the hire before the stated date and time, there is NO OBLIGATION by Vismart Four Wheels to provide a refund for the balance of the hire period. A refund may be provided in the event of “extenuating circumstances or on compassionate grounds”. Any refund or amendment to the hire rate is at the sole discretion of the Vismart Four Wheels.

3. Persons who may drive Vehicle
(a) The vehicle may be driven during the period of hire only by the hirer and persons named on the rental agreement and only if they hold a valid driver’s licence appropriate for the vehicle at the time when they are driving the vehicle.
(b) Consent is given to Vismart Four Wheels to check validity of any drivers licence used in connection with this agreement – as applicable.
(c) The hirer authorizes the vehicle owner to charge all monies payable to it under the Rental Agreement to your credit card, or charge account, or to any other credit card that may be provided;
(d) Vismart Four Wheels will pay any refund due to you by such method as we may reasonably choose.

Payments by Hirer
4. (a) The hirer shall pay to Vismart Four Wheels as payment for the hire of the vehicle for the period of hire, a hire charge at the rate referred to on the rental agreement in this agreement.
(b) The hirer acknowledges they shall be responsible for all costs relating to collection of any outstanding charges in relation to this agreement.
(c)The hirer authorises Vismart Four Wheels to charge all monies payable to it under the Rental Agreement to your credit card, or charge account, or to any other credit card that may be provided.
(d) Vismart Four Wheels will pay any refund due to you by such method as we may reasonable choose.
5. In addition to the payment referred to in clause 4 of this agreement the hirer shall pay Vismart Four Wheels the insurance charge at the rate referred to on the rental agreement, for the insurance cover set out in clause 11 of this agreement.
6. In addition to the payment specified in clause 4 of this agreement the hirer shall pay to Vismart Four Wheels on termination of the hiring a distance charge at the rate referred to on the rental agreement.
7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire. If the vehicle returns requiring, fuel, an additional administration fee of KSh2,700 will be added.
8. Any sum received by Vismart Four Wheels from or on behalf of the hirer at or before the commencement of this Agreement shall be held by the owner as security for the return of the vehicle and as security for payment of any sums owed by the hirer to the owner on the termination of this Agreement. Upon the termination of the Agreement VISMART FOUR WHEELS shall be entitled to apply any sum so held in payment of all amounts owed by the hirer under the the Agreement and any balance shall be refunded to the hirer. All payments due by the hirer can be collected by Vismart Four Wheels and method as agreed by hirer elsewhere in this agreement or from the rental agreement.

Hirer’s Obligations
9. The hirer shall ensure that:
(a) The water in the radiator and battery of the vehicle is maintained at the proper level;
(b) The oil in the vehicle is maintained at the proper level;
(c) The tyres are maintained at their proper pressure. Punctures and tyre repairs are the hirer’s responsibility.
10. (a) The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
(b) The hirer shall also be liable for any parking, traffic infringement and offences, road tolls, impoundment, towage and storage fees and associated costs and will supply relevant details as required by the Police and/or the owner relating to any such parking or traffic infringement and offences, road tolls, impoundment, towage and storage; Administration fee’s will be applicable up to KSh5,700.00 per infringement, toll or offence.
(c) No animals to be carried in any vehicle. Guide Dogs exempt with correct documentation.
(d) The hirer agrees to pay any costs associated: if the vehicle is fuelled with the incorrect fuel type for the make and model of vehicle. All costs will be recoverable from the customer relating to contamination of fuel, drainage of incorrect fuel, refuelling with the correct fuel, towing required and any engine,​ fuel and ignition systems,or drive train damage related to the incorrect fuel being used.

Insurance
11. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of KSh350,000 in respect of any liability he might have for damage to any property (including injury to any animal) belonging to any other persons and arising out of the use of the vehicle.
Exclusions:
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;
(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
(c) The vehicle is operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
(d)The hirer is not a body corporate or department of State and the vehicle is driven by any person other than the hirer and any other person named on the front of this agreement;
(e) The vehicle is driven by any person who at the time when he drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for that vehicle;
(f) The Vehicle is willfully or recklessly damaged by the hirer or any person named in the agreement, or driving the vehicle under the authority of the hirer, or is lost as a result of willful or reckless behaviour of the hirer or any such person.
The vehicle is wilfully or recklessly damaged by the hirer or any other person named on the rental agreement, or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person;
(g) In the event the hirer or nominated driver is charged with an infringement as a result of an accident the hirer liability shall be no less than the original standard excess;
(h) The vehicle is operated on any of the following roads; Ball Hut, Mt Cook; Skippers Canyon Rd, Queenstown; 90 Mile Beach, Northland; or any unsealed private roadway; or is submersed in water, including crossing of fords, creeks streams or rivers;
(i) The vehicle including its accessories is damaged due to incorrect fitting of snow chains, ski or snowboards and bicycle carriers;
(j) The vehicle is operated outside the term of the hire or any agreed extension of that term;
(k) The vehicle is involved in a single vehicle accident or receives damage to the roof or undercarriage from reckless behaviour or negligence;
It is agreed between the owner and the hirer that the 2010 traffic ACT shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer acknowledges that he is aware of the above exclusions, by his signature on the front of this agreement.
(1)

Hirer’s Liability
The hirer acknowledges that they are liable for damages or loss up to the amount specified under the heading ‘Hirer’s Liability’ on the front of the Agreement. In this context the hirer is absolutely liable for:

(a) All damage to the vehicle including windscreen and glass, tyres, break-in or vandalism, theft or attempted theft, fire, towing and recovery costs
(b) Loss of use of the vehicle by the owner during the period the vehicle is off the road for repair
(c) Damage to third party property
(d) Any underbody or overhead damage
(e) Any other damage, including damage caused by hail, storms, earthquake or other natural disasters up to the amount specified on the rental agreement.

N.B. The excess applied shall be for each and every claim. Windscreen damage or breakage also carries an excess. Such amounts will be collected as part of total amount due under this agreement.

Rejection of Insurance
12. If insurance is rejected the hirer accepts by his/her signature on the front of this Agreement that the vehicle is hired to him/her at his own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer by his/her signature on the front of this agreement accepts that he/she may be liable to the owner for any loss of or damage to the vehicle and consequential loss. if insurance is rejected the hirer accepts by his signature on the the rental agreement that he has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
The Hirer is to supply proof and currency of policy, and payment of the same, where he/she has nominated their own insurance for cover.

Owners Obligations
13. Vismart Four Wheels shall rent out the vehicle in a safe and roadworthy condition.
14. Vismart Four Wheels shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.
N.B. By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.

Mechanical Repairs and Accidents
15. If the vehicle is damaged or requires repair or salvage, whether because of any accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone, WhatsApp or social media as soon as practicable.
16. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
17. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.

Use of Vehicle
18. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licenced under PSV.
19. The hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated without his authority and then only by an authorised driver named on the front of this Agreement;
(c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against the LAW.
(d) Operate the vehicle or permit it to be operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
(e) Operate the vehicle or permit it to be operated to propel or tow any other vehicle;
(f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations, or bylaws relating to road traffic;
(g) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
(h) Drive or permit the vehicle to be driven by any person if at the time of his driving the vehicle the hirer or other person is not the holder of current driver’s licence appropriate for the vehicle.
(i) Take the vehicle outside of the hire area specified on the front of this agreement;
(j)Smoke in the vehicle, nor allow any passenger to smoke in the vehicle. A minimum cleaning charge of $200 will apply should the hirer or passengers smoke in the vehicle.

Return of the Vehicle
20. (a) A relocation fee will be applicable to any vehicle being left at any other address or any other place other than the address from which the vehicle was hired and all charges to reposition the vehicle to its original delivered address shall be chargeable, and, or any hire shorter than the specified return date may have its daily rate adjusted according to the length of hire – this will be done at the discretion of the VISMART FOUR WHEELS.
(b) The hirer shall return the vehicle in the same clean and tidy condition at the expiry of the term of hire or a surcharge for cleaning may be imposed upon the hirer for such cleaning. No refund can be made until a vehicle has been cleaned and inspected for any damage.
(c) When a vehicle is left at any other place than the location it was delivered then termination shall be when the vehicle inspection shall occur at the time of collection. The hirer will be responsible for the vehicle up until this time of termination, inspection, and collection.
(d) Additional charges, surcharges and administration fees in connection with this agreement may be processed by the vehicle Owner, any Franchisee or Agent.

Immediate return of Vehicle where default or damage
21. Vismart Four Wheels shall have the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this Agreement, or if the vehicle is damaged. The termination of the hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Agreement or otherwise.