This Agreement is made in accordance with and shall be governed by the Traffic Act (Cap 403, Laws of Kenya), the National Transport and Safety Authority Act (NTSA Act, 2012), the Insurance Act (Cap 487), and the Penal Code (Cap 63). Any disputes shall be adjudicated in Kenyan courts of competent jurisdiction.
1. Original valid driving license (minimum 3 years, no serious endorsements within 2 years).
2. Original National ID or Passport.
3. KRA PIN Certificate.
4. Proof of residence and workplace address.
5. Recent passport photo (or taken at handover).
6. Refundable security deposit varies by vehicle valuation. (amount stated in contract (cap 8).
The hirer must be aged between 23 and 70 years. Only drivers listed in the contract may drive the vehicle.
All vehicles are comprehensively insured for collision, third-party liability, and theft under a licensed Kenyan insurer.
Not covered: Personal life, medical, or accident insurance for hirers. Hirers should have their own insurance. Damages caused by negligence (e.g., drunk driving, punctures, cigarette burns, engine misuse, or illegal use) are the hirer’s responsibility. Unauthorized or illegal use voids insurance, The Hirer assumes full responsibility for the vehicle, including full civil and criminal liability for any damages, losses, or violations arising from its use.
Accidents:
Excess Insurance: The excess charged by the Operator varies depending on the type of vehicle.
The Hirer shall comply with all provisions of the Traffic Act (Cap 403, Laws of Kenya), the NTSA Act, and subsidiary legislation. Specifically:
1. The vehicle shall be used only for lawful purposes.
2. The vehicle shall not be used for:
o Carrying passengers or goods for hire/reward (Traffic Act, Sec. 100 & 103).
o Racing, competitions, or rallies (Traffic Act, Sec. 43).
o Off-road driving that risks damage.
o Towing or pulling any vehicle/object without Company consent.
o Subleasing, transferring, or assigning the vehicle to any third party without authorization.
3. Speed limits (Traffic Act Sec. 70 & NTSA Regulations):
o PSVs & commercial vehicles: max 80 km/h.
4. Driving under influence (Traffic Act, Sec. 44): strictly prohibited.
5. Vehicles are fitted with trackers for security.
6. No tampering, disabling, or removal — this is malicious damage under Penal Code Sec. 339.
7. Consequences: termination of hire, forfeiture of deposit, void insurance, full liability, criminal prosecution.
• The vehicle shall not be taken outside the territorial boundaries of Kenya without the Company’s prior written consent.
• Any unauthorized removal outside Kenya constitutes theft by conversion under the Penal Code (Cap 63, Sections 268–275)
and will be reported immediately to law enforcement for prosecution.
• All costs of recovery, damages, loss of use, downtime, and legal expenses arising from such unauthorized removal
shall be borne fully by the Hirer and may be deducted from the refundable deposit or rental already paid,
with the Hirer remaining liable for any shortfall.
The hirer is liable for all traffic offences committed during the hire, including but not limited to:
• Overspeeding (Sec. 70).
• Driving under influence (Sec. 44).
• Reckless or dangerous driving (Sec. 46).
• Driving without seatbelt / passengers without seatbelts.
• Use of mobile phone while driving (NTSA Regulations).
• Overloading or carrying unauthorized passengers/goods.
• Illegal parking and obstruction.
• Driving without lights at night (Sec. 52).
• Failure to obey traffic signs/signals.
• Hit & run offences (Sec. 73).
All NTSA fines, penalties, or demerit points are the sole responsibility of the hirer.
The company reserves the right to deduct such penalties from the deposit or charge the hirer directly.
All our vehicles are comprehensively insured under Kenyan law (Insurance Act, Cap 487). However, the Hirer remains fully responsible for any repairs, losses, or damages during the hire period. Eliners Tours & Car Hire Limited, its directors, officers, employees, or agents shall not be liable for any claims, damages, or losses.
In the event of an accident, damage, breakdown, or any repair requirement, the Hirer must:
Staff Indemnity Clause
The Hirer acknowledges and agrees that Eliners Tours & Car Hire Limited, including its directors, officers, and employees, shall not be held personally liable for any claims, losses, damages, injuries, or legal proceedings arising from the use of the vehicle.
If the Hirer knowingly or willfully falsifies, conceals, or covers up facts in their police statement—by any trick, scheme, or misrepresentation—they will be liable for a fine of $3,000 or as otherwise provided by law.
The Hirer is fully responsible for all costs arising from careless, negligent, or reckless driving, including:
If the vehicle requires repair, the Operator will arrange it within a reasonable timeframe depending on location. However, if the incident results from a breach of these terms (e.g., reckless use or misuse), the Hirer will cover all repair costs incurred.
Overspeeding and Accident Liability
If an accident occurs while the Hirer or authorized driver exceeds the legal speed limit (Traffic Act, Cap 403, Sec. 70) or violates NTSA regulations, the following applies:
Mechanical Failures and Misuse
The Hirer is responsible for all damages caused by misuse, neglect, or failure to comply with operational instructions, including off-road use, incorrect fuel, ignoring dashboard warnings, or unauthorized repairs. The Company is only liable for damages directly caused by its failure to maintain the vehicle according to standard servicing procedures. Should a warning light appear on the dashboard, the Hirer must immediately notify Eliners Tours & Car Hire.
• A refundable security deposit is payable before collection and may be made via Visa Card or M-Pesa.
• The deposit amount shall vary based on the vehicle’s valuation, with a minimum of KSh 40,000{310 USD}.
• The vehicle will be inspected upon collection and return to determine the deposit refund. Any costs for damage, missing fuel, fines, or penalties will be deducted from the deposit, with the Hirer remaining liable for any shortfall.
• Refunds are processed immediately after inspection upon the safe and satisfactory return of the vehicle.
• "Good condition" is defined as the vehicle being returned free from damage beyond normal wear and tear, fully fueled, and compliant with all terms of this agreement.
Vehicles are supplied with a full tank of fuel and must be returned full. Missing fuel will be charged at prevailing pump rates plus a service fee.
• The vehicle must be returned on the agreed date and time.
• Failure to return without notice constitutes unlawful retention and may be reported as theft (Penal Code Sec. 268).
• The company reserves the right to repossess the vehicle without notice if terms are breached.
• Upon return, the vehicle will be inspected in the presence of the Hirer to determine its condition.
• Refund of the security deposit will only be processed after successful inspection and confirmation that no damage, loss, or outstanding fines exist.
• Any repair costs, missing fuel charges, traffic fines, or penalties will be deducted from the deposit, with the Hirer liable for any shortfall.
• The company reserves the right to track and monitor the vehicle at all times.
• The hirer shall indemnify the company against all claims, losses, damages, legal costs, and third-party liabilities arising during the hire.
• The company may disclose hirer details to NTSA, insurers, or police authorities where necessary.
• Hirer must immediately contact the Company (24/7) in case of breakdown and await instructions.
• Repairs only with our approval – we’ll guide you to a workshop or send a mechanic. all payments are handled by the Company.
• If repairs exceed 24 hours, a replacement vehicle may be provided (subject to availability).
• No liability for lost rental time, park fees, hotels, or activities.
• Negligence/misuse breakdowns (reckless driving, ignoring dashboard warning lights, off-road misuse, wrong fuel, unauthorized repairs, etc.) are the hirer’s full responsibility:
o Hirer pays all repair costs.
o No replacement vehicle until damages are settled.
o Costs may be deducted from deposit; hirer liable for any shortfall.
• Pump attendants must not open radiator or check oil/water; hirer is liable for damage caused by ignoring this rule.
The Company reserves the right to repossess the vehicle without prior notice in the event of misuse, non-payment, unauthorized use, reckless driving, or any other breach of the rental agreement. All associated costs, damages, or losses incurred as a result of such breaches may be deducted from the refundable deposit or any rental payments already made. The Hirer remains liable for any outstanding balance not covered by these deductions.
Our location:
Mini Market Building Suite 04, Eldoret Eastleigh. next to Quick Shattle
For bookings and inquiries, please call us at:
Copyright © 2025 Eliners Tours & Car Hire Limited. All Rights Reserved.
