Partner Terms and Conditions

In this Agreement, unless the context requires otherwise:

• Offer: This Agreement is offered through the Company's website or other written communication.
• Acceptance: The Supplier accepts by clicking "I Agree", signing up, submitting vehicle details, or allowing the Company to make a booking on the Supplier's behalf.
• Commencement: This Agreement starts on the earlier of acceptance or the first booking confirmation.
• Duration: This Agreement continues until terminated under Clause 10.

Tax Compliance: The Parties shall comply with applicable Kenyan tax laws, and each Party shall issue any tax documentation required by law.

Payment Method: Payments shall be made by M-Pesa, bank transfer, or any other method agreed in writing.

Payment Timeline: Unless otherwise agreed, payment shall be made within 7 days after completion of the trip and verification of the booking.

Excess: Insurance excess shall be borne by the Party responsible for the loss, act, or omission giving rise to the claim, subject to the insurance policy terms.

If a client requests travel outside Kenya, the Supplier shall ensure that:

• All required insurance and travel documents are valid.
• The vehicle is legally cleared for cross-border travel.
• Any additional permits or documents required by the destination country are obtained in advance where applicable.

All cross-border documentation costs shall be borne by the Supplier unless agreed otherwise in writing.

• Misuse, disclose, sell, or contact clients using personal data received through the Company.
• Use the Company's name, branding, or platform content without prior written consent.
• Access, scrape, hack, reverse engineer, or interfere with the Company's systems.
• Use client data except to complete the relevant booking or as otherwise instructed in writing.

Data Protection: Each Party shall comply with the Data Protection Act, 2019 and all applicable Kenyan data protection rules. The Supplier shall keep client information confidential and use it only for lawful booking-related purposes.

Protection of Company Rights: The Supplier acknowledges and agrees that all intellectual property rights, proprietary rights, and other rights of any kind whatsoever in and to the Company’s name, trade name, logo, trademarks, website, domain names, platform, software, source code, database, content, photographs, text, designs, layout, branding, marketing materials, customer records, booking information, and all other materials or information supplied or made available by the Company shall remain the sole and exclusive property of Eliners Tours and Car Hire Limited or its licensors, as applicable. The Supplier shall not, without the Company’s prior written consent, directly or indirectly copy, reproduce, adapt, alter, distribute, publish, disclose, transmit, sell, license, assign, sublicense, reverse engineer, decompile, scrape, extract, misuse, or create derivative works from any such materials, nor shall the Supplier use the Company’s name, logo, branding, or proprietary information for any purpose other than the performance of this Agreement. The Supplier further shall not register, attempt to register, challenge, oppose, or claim any right in any trademark, trade name, domain name, social media handle, or other identifier that is identical or confusingly similar to the Company’s rights or branding. Any breach of this clause shall constitute a material breach of this Agreement and shall entitle the Company to immediate termination, injunctive relief, and any other remedies available at law or in equity, without prejudice to any other rights or claims.

Neither Party shall be liable for delay or failure to perform caused by events beyond reasonable control, including natural disasters, war, civil unrest, government action, or pandemics, provided that the affected Party gives prompt notice and takes reasonable steps to reduce the impact.

• Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of Kenya.
• Dispute Resolution: The Parties shall first attempt to resolve disputes amicably. If unresolved, the dispute shall be submitted to the courts of Kenya, which shall have exclusive jurisdiction.

The Company may update these Terms from time to time. Any update will take effect when posted on this page or when the Company gives written notice to the Supplier, whichever happens first. Continued use of the service after notice of an update means the Supplier accepts the updated Terms.