1. Agreement.
The Owner agrees to let and the Renter agrees to take on rental the vehicle upon and subject to the terms and conditions continued herein and over leaf. The rental shall commence on the date and time out as set out in the box overleaf and subject to condition 10 below shall continue up until the date due back overleaf hereinafter called the "Due Back".

2. Extension Of Rental Period.
The Renter may with the written Agreement of the Owner extend the period of rental by paying such additional deposits, as the Owner shall require. Any such extension shall commence on the Due Back date or in the case as a second or further extension, the expiration of the preceding extension and shall expire on the stated date and time provided that in no circumstances may this Agreement be extended so that it continues for more than 29 days in succession or 89 days in aggregate in any calendar year.

3. Warranty By Renter Or Driver.
The Renter hereby warrants to the Owner for the purpose of this Agreement and any insurance contract entered into pursuant to the provisions of condition 8.

(a) the occurancy of the information supplied to the Owner.
(i) by the Renter and set out overleaf, and
(ii) by any person whom the Renter requests the Owner to approve as a Driver of the vehicle; and
(iii) by any person who signs this Agreement on behalf of the Renter

(b) that in the case of a business rental this Agreement is entered into by the Driver for and on behalf of the Renter

(c) and agrees that the Renter shall be liable to the Owner for any loss howsoever occasioned to the Owner as a result of any inaccuracy in such information

(d) that the Driver and any additional Driver has not been refused motor insurance by any company, and is not subject
(i) to disqualification from driving in any country
(ii) to pending proceedings for a serious road traffic offence
(iii) to any current court order for the endorsement of his driving a vehicle
(iv) to any physical or mental infirmity which affects his ability to drive a vehicle
(v) a conviction recorded on his driving license which has not been first disclosed to the Owner by production thereof or by notice in writing giving full particulars thereof and has not been disqualified from driving for any alcohol or drug-related traffic offence.
(e) that he will comply with the obligations imposed upon the Renter by this Agreement

4. Payments

(a) Full payment for the period of hire plus the cost of estimated mileage is required from the Renter when taking over the car, in addition to a minimum deposit of Kshs.40,000/= (refundable).
(b) In special cases where credit facilities are allowed, these will be strictly 30 days from the date of invoice.
(c) Accounts still outstanding after 45 days will accrue interest at the rate of 4.5% per month calculated daily.
(d) By way of rental of the vehicle the Renter shall upon the termination of the rental pay to the Owner the total rental together with the full amount of the other items making the amount due calculated in accordance with the rates agreed upon. The forwarding of any account to a third party for payment shall not operate to prejudice the right of the Owner to demand payment from the Renter at any time in the case of default by the third party. In the event that the name of the Renter is not properly completed overleaf, any person purporting to sign for the Renter shall be deemed to be the Renter for the purposes of this Agreement and accordingly any such person shall be fully liable for all the obligations of the Renter hereunder.
(e) All Payments under this Agreement shall bear Value Added Tax at the rate appropriate on their respective due dates and be in addition thereto.
(f) Where the total rental includes a charge for the mileage driven by the vehicle during the period of rental this shall be calculated by reference to the mileometer fitted thereto and shall be conclusive evidence thereof if in the opinion of the Owner there has been a malfunction of the mileometer the Owner may for the purpose aforesaid make a reasonable estimate of such mileage which shall be binding upon the Renter.
(g) If the seal is tampered with, legal action and or a minimum of 500 km per day for the duration of the hire will be charged.

5. Acceptance Of The Vehicle
The Renter's or Driver's acceptance of the vehicle at the Date Out and Time Out shall be conclusive evidence that the Renter or Driver has first examined the vehicle and found it to be complete in good order and condition and fit for the purpose for which is required and the Renter agrees that the damage, if any, indicated in the box overleaf marked 'Damage Control' shows the extent of all damage to the vehicle at the commencement of the rental.

6. Warranties & Idemnities

(a) The Owner warrants to the Renter that at the commencement of the period of rental the vehicle has been maintained in accordance with the manufacturers recommendations and, where the purpose is one appropriate to the vehicle, it is fit for the purpose of the rental. Save where statute prevents the same in respect of a breach of the foregoing warranty in relation to the vehicle made to him by the Owner, an employee thereof or any other person. This warranty does not extend to any obligation which the Renter may have to obtain any authorizations, licenses or permits to drive or operate the vehicle.

(b) Save as provided in 6(a) above, the Renter shall be sorely responsible for and hold the Owner fully indemnified against any loss, damage or injury (including death) to persons (other than the Renter) or property occurring in connection with the vehicle or as a result of the use thereof and caused negligently or by reason of any breach of the Renter's obligations under condition 7 below.

(c) Save in respect of any willful act or omission of the Owner and save as provided by statute (for example, in respect of personal injury or death) the Owner shall not be liable for any losses, liabilities, costs, actions, claims or demands which the Renter may incur whether directly or consequentially or howsoever or have made against him arising out or in respect of: -
(i) The breakdown of or any defect in the vehicle
(ii) The Renter or any other person carrying or placing for safe keeping any property in or on the vehicle.

(d) If the Renter is not a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 the rights, duties and liabilities arising by virtue of section 9 of the Supply Of Goods and Services Act 1982 are hereby expressly excluded.

7. Obligations Of The Renter

The Renter shall
(a) Be fully responsible as between the Renter and Owner for any loss thereof or damage the vehicle howsoever occasioned, fair wear and tear only excepted. The Renter shall give immediate notice to the Owner subsequently confirmed in writing by first class post posted within twenty four hours, or, in the event of the Renter's incapacity through injury, within a reasonable time of any loss or damage to the vehicle or any breakdown, malfunction or other failure thereof and the obligations of the Renter hereunder shall not be prejudiced by the existence of any policy of insurance in respect thereof. In the event of damage to or a breakdown of the vehicle shall not continue to use the same if to do so would or might cause further damage thereto.

(b) Ensure that without the written consent or the Owner the vehicle is not taken to Lake Turkana and the surrounding areas unless this clause is cancelled and the cancellation endorsed by the Owner.

(c) On demand, keep the Owner fully indemnified against all losses, liabilities, costs, actions, claims or demands including, without prejudice to the generality of the foregoing, any fines Or penalties imposed in respect of the vehicle or its use.

(d) Not sell, assign, let or rent or otherwise dispose of the vehicle or attempt to do any of these Things.

(e) Not use or allow the vehicle to be used while it is unsafe or unfit to drive nor for any Purpose for which it is not designed or suitable and without prejudice to the generality of the foregoing.
(i) Not carry passengers either for whom there is not a fixed seat nor for hire or reward, nor with any load and /or passengers the aggregate of the weight of which exceeds the manufacture's recommended carrying weight capacity.
(ii) In the case of commercial vehicle, not carry a load which causes any applicable restriction to be exceeded or which is not properly secured nor carry any hazardous substance.
(iii) save where the vehicle is specially designed or adapted at the Date Out therefore, use the same for towing or similar purposes.
(iv) Not use the vehicle for road or other racing purposes, pacemaking reliability Or other trials, competitions of any sort, rallies, driving tuition or any othe hazardous or unusual purpose.
(v) Not use the vehicle on unmade up roads or other unpaved surfaces.

(f) Procure that:
(i) Save where the Owner has given its prior written approval, no person other than the Renter drives the vehicle.
(ii) The vehicle is kept locked when not in use and adequately protected against damage Due to adverse weather conditions.
(iii)At all times the engine sump, gearbox and differential of the vehicle are all correctly Filled with suitable lubricants and the tyres kept properly inflated, the correct type of fuel is used, the battery is kept topped up with distilled water, the radiator (where appropriate) is adequately filled with water and in all other respects proper care is taken of the vehicle.
(iv) No person without the prior written authorization of the Owner carries out any work Upon or otherwise interferes with the vehicle or any part thereof except if it breaks down and the prior written authorization of the Owner cannot be obtained and the total cost of the repairs is properly estimated by the repairer not to exceed 500/=.
(v) Save as aforesaid, neither the Renter nor any Driver of the vehicle holds himself out as or purports to act as the agent of the Owner for any purpose whatsoever.
(g) Not contravene the provisions of any statute, statutory instrument or regulation relating Either to the vehicle or its use and procure that no Driver of the vehicle shall do so.

(h) Ensure that any Driver of the vehicle has held a full driving licence for not less than 12 months and that without the prior written consent of the Owner, no Driver of the vehicle is under the age of 23 or over the age of 70 nor has a conviction recorded in his driving licence which has not first been disclosed to the Owner by production thereof or by notice in writing giving full particulars thereof.

(i) Observe and perform the terms and conditions of all policies or contracts of insurance Relating to the vehicle or its use which are available for inspection at the Owner's premises.

(j) Not remove or change any mane of other mark identifying the Ownership of the vehicle.

(k) Check the condition of the vehicle before accepting it, as no claims whatsoever will be entertained regarding the condition of the vehicle afterwards.

(c) Theft
(i) Renter's financial responsibility
The Renter shall be liable for and agrees to pay to the Owner the full value of the vehicle Or the costs of repairing any damage, and shall also pay other related expenses including loss of rental income in the event that the vehicle is stolen or taken without the Owner's consent during the rental or in the event that the Renter is otherwise unable to return the vehicle at the expiry of the rental.
(ii) Theft Protection Cover
If Renter purchases theft protection insurance by initializing the box overleaf, the Renter Shall be provided under the terms of the policy supplied by the insurance carrier named In the insurance leaflet with cover to the extent of the Renter's financial responsibility subject to the excess shown overleaf. The Renter agrees to be bound by the terms and conditions of the policy.

(d) Glass/windows, Tyres & Loss of Tools are not covered by insurance and if damaged are the sole responsibility of The Renter.

(e) All tour operators hiring out vehicles shall ensure that all out vehicles are adequately Covered by their insurance as our insurance will cover cars hired to tour operators for their own use.

(f) If the vehicle is involved in an accident, the Renter shall procure that:-
(i) The Owner and where condition 8(d) applies, the Renter's insurers are notified and that such notice is confirmed in writing by first class prepaid post posted within 24 hours of the accident, or in the event of the Renters incapacity through injury, within a reasonable time
(ii) The Driver of the vehicle completes and delivers to the Owner for transmission to the insurer the relevant accident report form within not more than twenty eight days of any accident and
(iii) No admission of liability is made to any person in relation to any such accident
(iv) The names and addresses of all witnesses thereto are taken and give to the Owner.
(v) In the event of theft or taking without the Owner's consent the police are notified immediately upon discovery of the loss.
(vi) Any writ or summons or other documents relating to any proceedings arising out of any such accident is forthwith delivered to the Owner and the address stated overleaf
(vii) All assistance is rendered to the Owner and its insurers or to the Renter's insurer in relation to the conduct of such proceedings including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the Owner in the name of the Renter and defending any proceedings brought against the Renter.
(viii) The Renter shall not, without the prior consent of the Owner, give any instructions for any repairs to the vehicle or for replacement of any part thereof rendered necessary by the accident.
(ix) Theft of spare wheel, tools, etc are the sole responsibility of the Renter and the enter will be charged for any of the above items which are lost while the vehicle is in their possession. Punctured, burst, damaged tyres and rims damaged will be replaced by the Renter at the replacement value specified by the Budget Rent A Car, Kenya.

(g) If during the period of hire the vehicle requires to be 'test driven' by a Driver not otherwise included in the contract hereunder and as a result of repairs authorized by he Owner, the approval of the Owner must in all such cases be sought and given in writing.

9. The Owner shall not be responsible for any expenses incurred i.e. accommodation, hiring of Other transport or delays due to any breakdown or accident. The Owner shall not under any circumstance be liable to make any payment to the Renter in respect of or to indemnify the Renter against any loss, injury or damage sustained by the Renter or by any third party as a result of any defect therein whether it was caused by and/or in taking delivery of the vehicle, the Renter shall be deemed to have satisfied himself/herself that it is in all respects road worthy and in safe condition. Services are rendered conditional to the Owner not being liable to meet claims for damages or otherwise arising out of delayed departures, arrivals, missing of trains, ship schedules, illness contracted on our or out of any cause whatsoever. In the event of damage, to the hired car or to any third party, deposits will only be refunded after assessment is received from our assessor.

10. Termination
In the event of the Renter before the due back committing any breach of this Agreement the Owner may (but without prejudice to any other rights hereunder) forthwith by notice in writing either delivered personally to the Renter or sent by first class pre-paid letter to the Renter at his address stated overleaf terminate this Agreement whereupon the Renter shall no longer be in possession of the vehicle together with any documents relating thereto with the Owner's consent. If sent by post the notice shall be deemed to be served on the day following the date of posting or dispatch as the case may be and in providing service it shall be sufficient to show that the letter was properly addressed and posted as aforesaid or delivered to a post office for dispatch as the case may be. If delivered personally the notice shall be deemed to be served at the moment of delivery. If the Owner has reasonable grounds for believing that the Renter is willfully kin breach of his obligations hereunder or if the Renter has taken the vehicle to the Lake Turkana and the surrounding areas (or out of the country in which the rental arose) then the Owner may take back the vehicle without notice to the Renter. Notwithstanding any other terms herein this rental Agreement may be terminated by either party on giving 30 days notice in writing to the other party.

11. Return Of The Vehicle

(a) The Renter shall at his own expense and risk return the vehicle to the agreed return location on before the due back or forthwith in the event of the prior termination of this Agreement howsoever occasioned. Without prejudice to any other rights of the Owner hereunder the Owner may at any time after termination of this Agreement without notice retake possession of the vehicle and such documents aforesaid and for such purpose enter upon any premise belonging to or in occupation or control of the Renter and the Renter shall upon demand fully and effectually indemnify the Owner against losses, liabilities, costs, actions, claims or demands which it may incur or have made against it arising out of or in relation to such retaking of possession.

(b) If the vehicle is not returned to the address overleaf, then in addition to any other sums due to the Owner the Renter agrees to pay to the Owner the cost to the Owner or arranging for the collection of the vehicle at the termination of the rental.

(c) The Renter agrees to pay for the cost of valeting the vehicle at the end of the rental its condition requires more than the Owner's standard valeting.

(d) Even if the agreed rental period has expired the Renter's liability for the vehicle under this Agreement shall not terminate either: -
(i) Until the keys of the vehicle have been handed to an employee of the Owner, or
(ii) If the vehicle is returned to or near to the agreed return location when it is closed for Business, until it is next open for business and the keys has also been deposited at the location.

12. Refuelling Charges
(a) If the Renter does not purchase fuel from the Owner at the beginning of the rental the Renter is required to return the vehicle with at lease the same amount of fuel when the rental begun.

(b) If the Renter fails to fuel under sub-paragraph (a) then he agrees to pay the Owner, in accordance with the rates effective at the location, both
(i) the refueling charge and
(ii) a charge for fuel calculated by multiplying the number of litres required to refill the tank by the prevailing rate.

(c) If the Renter purchases fuel from the Owner at the beginning of the rental the charge will be specified overleaf. NO CREDIT WILL BE GIVEN FOR UNUSED FUEL.

13. Road Traffic And Parking Regulations: - STATEMENT OF LIABILITY
The Renter acknowledges that during the currency of this rental Agreement and any extensions of Extensions thereof the rental shall be liable as the Owner of the vehicle and any other vehicle Rented to him hereunder in respect of: -

(e) any fixed penalty offence committed in respect of that vehicle under the Traffic Acts

(f) Any excess parking charge, which may be incurred in respect of that vehicle.

14. Meanings
In these terms and conditions which include the particulars overleaf:
(a) Where the context so admits all words and expressions used on this page with capital initial letters shall bear the meanings indicated overleaf.

(b) 'Vehicle' shall mean the vehicle of which details are given in the boxes overleaf and any replacement thereof and shall include all equipment, accessories, tolls and spare tyre relating to the same and the singular shall, where appropriate include the plural and vice versa.

(c) Any reference to statute or similar shall be deemed to refer to any statutory modification or re-enactment thereof for the time being in force.

(d) 'Renter" shall mean the person whose name appears in the 'Renter' box overleaf and includes the Driver if he is not also the Renter and the Driver's liability under this Agreement to the Owner shall accordingly be joint and several with the Renter.

(e) 'Driver' shall mean the person whose name appears in the 'Driver' box overleaf and is the Person authorized to drive the vehicle during the rental in the absence of an additional Driver being so authorized.

(f) 'Business rental' means a rental of the vehicle by a Renter who is not also the Driver whether or not the vehicle is to be used for business purposes.

(g) 'The Owner' means the person whose name appears in the top-left hand box overleaf.

(h) The headings in bold type preceding each of these conditions do not form part of the terms and conditions.

15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the country where it is signed b y or on behalf of the Renter and court proceedings arising from the rental, the use of the vehicle or this Agreement shall be conducted in the courts of that country.

16. Data Protection
For our purposes only we may hold and process by computer or otherwise the information that You have given us to identify other products or services, which might be relevant to you and for Statistical analysis (including credit scoring)