This Vehicle Hire Agreement (hereinafter referred to as the “Agreement”) constitutes a binding contract between Go-Wheels Limited, a company incorporated in the Republic of Kenya, with its principal office in Nairobi (hereinafter referred to as the “Company” or “Lessor”), and the individual or corporate entity renting the vehicle (hereinafter referred to as the “Hirer” or “Lessee”).
By signing this Agreement, accepting delivery of the vehicle, or making payment, the Hirer acknowledges and agrees to be bound by the following terms and conditions.
1. ELIGIBILITY AND REPRESENTATIONS
1.1. The Hirer warrants that he/she/it:
a) Is at least twenty-three (23) years of age;
b) Holds a valid driver’s license issued not less than two (2) years prior to hire;
c) Possesses valid and original identification documents (National ID or Passport);
d) If a foreign national, possesses a valid International Driving Permit in addition to their domestic license.
1.2. The Hirer undertakes that all information, including itinerary and contact details, is true, accurate, and complete. Any misrepresentation constitutes a material breach of this Agreement.
2. BOOKING, PAYMENT, AND SECURITY DEPOSIT
2.1. A booking shall only be deemed confirmed upon:
a) Execution of this Agreement; and
b) Receipt of full payment and/or deposit.
2.2. The Hirer shall pay a refundable security deposit as stipulated by the Company. Said deposit shall be applied toward damages, fines, or sums due, with any balance refunded after inspection of the vehicle.
2.3. All rates are exclusive of statutory taxes and surcharges unless expressly stated otherwise.
3. FULL ITINERARY DISCLOSURE
3.1. It is a condition precedent to hire that the Hirer shall disclose a full and accurate itinerary, including destinations, routes, accommodation details, and travel duration.
3.2. Failure to provide full disclosure, or provision of false/misleading information, constitutes a fundamental breach, entitling the Company to:
a) Cancel the Agreement forthwith;
b) Repossess the vehicle without notice;
c) Retain all monies paid by the Hirer.
3.3. Significant deviation from the declared itinerary without prior written authorization similarly entitles the Company to terminate the Agreement immediately.
4. VEHICLE USE AND RESTRICTIONS
4.1. The Hirer shall operate the vehicle in a lawful, safe, and prudent manner.
4.2. The Hirer shall not:
a) Use the vehicle for illegal, immoral, or hazardous purposes;
b) Drive under the influence of alcohol, narcotics, or impairing substances;
c) Permit unauthorized persons to operate the vehicle;
d) Carry passengers or cargo beyond rated capacity;
e) Use the vehicle for racing, rallying, off-road driving, towing, or testing;
f) Drive the vehicle outside the Republic of Kenya without the Company’s written consent.
5. VEHICLE MAINTENANCE, REPAIRS, AND INSPECTIONS
5.1. Unauthorized Repairs
The Hirer shall not, without the Company’s prior written consent, deliver the vehicle to any garage, mechanic, or third party for service or repairs. Unauthorized repairs shall render the Hirer fully liable for all resulting costs and losses.
5.2. Routine Checks by Hirer
The Hirer shall conduct regular checks on:
- Engine coolant and radiator water;
- Oil and brake fluid levels;
- Tire condition and pressure;
- Dashboard warning lights;
- Service reminders displayed by the vehicle.
5.3. Negligence
The Hirer shall be liable for all losses or damage caused by negligence, including driving with insufficient oil/coolant, ignoring warning indicators, or operating after overheating.
5.4. Company’s Exclusive Right
All mechanical servicing or repairs shall be undertaken only by the Company or its authorized agents.
6. VEHICLE CONDITION AND RETURN
6.1. The vehicle shall be delivered in roadworthy condition with a signed inspection checklist.
6.2. The Hirer shall return the vehicle in the same condition, ordinary wear and tear excepted, together with all accessories and documents.
6.3. Missing fuel shall be charged at prevailing rates.
7. INSURANCE AND LIABILITY
7.1. Vehicles are insured under comprehensive motor policies subject to applicable exclusions.
7.2. The Hirer shall remain liable for:
a) The insurance excess applicable under the policy;
b) Damage due to negligent, reckless, or unauthorized use;
c) Damage to tires, rims, windscreen, undercarriage, or interior (except where caused by a covered accident);
d) Loss of personal belongings left in the vehicle;
e) Any incident involving unauthorized drivers.
7.3. In the event of an accident:
a) The Hirer must notify the Company immediately and obtain a police abstract;
b) The Hirer shall not admit liability or settle claims without Company approval;
c) The Hirer shall cooperate with insurers and authorities.
8. FINES, PENALTIES, AND STATUTORY CHARGES
The Hirer is fully liable for all traffic fines, tolls, penalties, or statutory charges incurred during the hire period. The Company is authorized to deduct such sums from the security deposit or recover them directly.
9. BREAKDOWN AND ROAD ASSISTANCE
9.1. In the event of mechanical failure not caused by Hirer negligence, the Company shall provide roadside assistance or a replacement vehicle where practicable.
9.2. The Company shall not be liable for consequential losses, delays, or damages resulting from such breakdowns.
10. CANCELLATION AND TERMINATION
10.1. Cancellation by Hirer:
a) Cancellation more than forty-eight (48) hours prior to hire commencement: refund less administrative fees;
b) Cancellation within twenty-four (24) hours or no-show: full forfeiture of monies paid.
10.2. Cancellation by Company:
The Company may cancel or terminate the hire without refund if the Hirer:
a) Fails to disclose full itinerary;
b) Provides false or misleading information;
c) Breaches any term of this Agreement.
11. REPOSSESSION OF VEHICLE
The Company may repossess the vehicle without notice or judicial intervention if:
a) The Hirer breaches this Agreement;
b) The vehicle is misused or used unlawfully;
c) The vehicle is not returned as agreed;
d) The Hirer has misrepresented material facts.
12. INDEMNITY
The Hirer shall indemnify and hold harmless the Company, its officers, and agents from all claims, liabilities, damages, or expenses arising from the Hirer’s use of the vehicle, except where caused by the Company’s gross negligence or willful misconduct.
13. FORCE MAJEURE
The Company shall not be liable for failure or delay caused by events beyond its control, including natural disasters, strikes, pandemics, or government restrictions.
14. DISPUTE RESOLUTION
14.1. The parties shall endeavor to resolve disputes amicably through negotiation.
14.2. Failing such resolution, disputes shall be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act (Cap 49, Laws of Kenya).
14.3. The arbitral award shall be final and binding.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed under the laws of the Republic of Kenya. The parties submit to the jurisdiction of the Kenyan courts, subject to Clause 14 on arbitration.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements. No amendment shall be valid unless in writing and signed by both parties.
17. CONTACT INFORMATION
Go-Wheels Limited
📍 Nairobi, Kenya
🌐 www.gowheels.co.ke
📞 +254 793 373 705 / +254 723 630 231
✉️ info@gowheels.co.ke
