Partners Terms & Conditions

THIS IS A LEGALLY BINDING AGREEMENT · Governed by the Laws of Kenya

Eliners Tours and Car Hire Limited Last Updated: March 2026 +254 714 392 633 / +254723016023

THIS AGREEMENT is made between:

ELINERS TOURS AND CAR HIRE LIMITED
P.O. Box 1176 - 30100 Nairobi, Kenya
"The Company"

THE VEHICLE SUPPLIER
The person/entity registering as a vehicle provider
"The Supplier"

Collectively referred to as "The Parties"

Preliminary Statements

WHEREAS:

A. The Company operates an online platform (www.elinerstourscarhire.com) connecting customers with vehicle hire services.
B. The Supplier is the legal and beneficial owner of motor vehicle(s) and wishes to offer them for hire through the Company's platform.
C. The Parties wish to enter a formal supplier-service provider relationship on the terms herein.

Interpretation

In this Agreement, unless the context otherwise requires:

singular includes plural and vice versa

"person" includes a body corporate

headings are for convenience only

clause references are to this Agreement

1. APPOINTMENT

Appointment: The Supplier hereby appoints the Company as its non-exclusive agent to source clients for vehicle hire. The Company accepts this appointment.

Validity of Appointment:

Offer: Published on the Company's website
Acceptance: By clicking "I Agree" on the platform
Commencement: Upon confirmation of first booking
Duration: Indefinite, subject to clause 9 (Termination)

2. COMPENSATION & PAYMENT TERMS

Booking Type	Commission Rate	VAT (16%)	TOTAL DEDUCTION	Payment Timeline
Local Hire (Nairobi)	15%	+16%	31%	Within 7 days after trip completion
Outstation/Upcountry	12%	+16%	28%	Within 7 days after trip completion
Cross-Border (COMESA)	10%	+16%	26%	Within 7 days after trip completion
Long-term Contracts (7+ days)	Negotiated (min 8%)	+16%	Min 24%	Weekly or as agreed

Total Deduction: The Company shall deduct a single, all-inclusive fee comprising the commission plus 16% VAT, calculated as a percentage of the total booking value as shown in the table above. This amount is deducted directly from the client payment before remitting the balance to the Supplier. This is non-negotiable.

Tax Compliance: Eliners Tours and Car Hire Limited is VAT-registered and will provide a valid VAT invoice for the total deduction amount as required by the Kenya Revenue Authority (KRA).

Payment Methods: M-Pesa, Bank Transfer, or Cheque as per Supplier's registered details.

3. SUPPLIER WARRANTIES & OBLIGATIONS

The Supplier UNCONDITIONALLY WARRANTS that:

3.1 Vehicle Ownership & Authority

The Supplier is the sole legal and beneficial owner of the vehicle(s) offered.
Vehicles are free from any encumbrances, liens, or financier claims that could disrupt hire.
The Supplier has full authority to enter this Agreement.

3.2 Vehicle Condition & Roadworthiness

All vehicles are in sound mechanical condition and roadworthy.
Vehicles have valid inspection certificates (if applicable).
Vehicles are clean, well-maintained, and presentable for clients.

3.3 Legal Compliance

Valid Insurance Certificate (Comprehensive) – with no excess above KES 50,000
Valid Motor Vehicle Search (NTSA) – showing no encumbrances
Valid PSV License (where required)
Valid Speed Governor Certificate (for PSV vehicles)
All required insurances (Third Party, Comprehensive, PTA/COMESA for cross-border)

3.4 Replacement Vehicle Obligation

The Supplier shall provide a replacement vehicle at their own cost within 4 hours if the booked vehicle breaks down, is involved in an accident, or becomes unavailable for any reason. Failure to do so entitles the Company to source an alternative and charge the Supplier for any additional costs.

4. DRIVER REQUIREMENTS & CONDUCT

4.1 Driver Credentials

Valid Driving License (appropriate class for the vehicle)
PSV Badge (where required by law)
Good Conduct Certificate (recommended)
At least 3 years driving experience

4.2 Prohibited Conduct

Drivers SHALL NOT abandon the vehicle or clients without authorization
Drivers SHALL NOT consume alcohol or drugs while on duty
Drivers SHALL NOT exceed speed limits or traffic laws
Drivers SHALL NOT overload the vehicle beyond manufacturer capacity
Drivers SHALL NOT use client data or solicit clients directly

4.3 Operational Duties

Ensure vehicle is fueled and ready before each hire
Maintain professional appearance and conduct
Report any accidents or incidents immediately to the Company
Assist clients with luggage and basic needs

Driver Liability: The Supplier accepts FULL responsibility for their driver's actions. Any loss, damage, or liability caused by driver negligence shall be borne by the Supplier.

5. INSURANCE REQUIREMENTS

Coverage Type	Requirement	Responsible Party
Comprehensive Insurance	Full replacement value, excess ≤ KES 50,000	Supplier
Third Party Cover	Minimum legal requirement	Supplier
PTA/COMESA (cross-border)	Mandatory for travel outside Kenya	Supplier
Work Injury Benefits Act (WIBA)	For driver coverage	Supplier

Excess Payment: The client shall pay the insurance excess for any claim arising from their actions. However, if the claim arises from driver negligence, the Supplier bears the excess.

6. CROSS-BORDER TRAVEL

If a client requests to take the vehicle outside Kenya, the Supplier must:

Obtain PTA/COMESA Insurance Certificate for the duration
Ensure all road permits and customs documents are valid
Provide the client with original logbook and insurance documents
Confirm the driver has valid passport and visas where required

All costs for cross-border documentation shall be borne by the Supplier.

7. DATA PROTECTION & INTELLECTUAL PROPERTY

The Supplier SHALL NOT:

Scrape, hack, or reverse engineer the Company's website
Use client data (names, phone numbers, emails) for ANY purpose other than the specific hire
Contact clients directly for future business or solicit them
Use the Company's name, logo, or branding without written permission
Create a competing platform using the Company's data or methodology

Data Protection Act 2019 Compliance: The Supplier acknowledges that client data is protected under Kenyan law and agrees to process it only as instructed by the Company. Any breach shall result in immediate termination and legal action.

8. INDEMNITY

The Supplier hereby agrees to indemnify and hold harmless the Company, its directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

Any breach of this Agreement by the Supplier or their drivers
Any negligence, act, or omission of the Supplier or their drivers
Any accident, injury, or death caused by the vehicle or driver
Any violation of Kenyan laws (Traffic Act, Data Protection Act, etc.)
Any third-party claims against the Company related to the vehicle

9. TERMINATION

9.1 Notice Period

Either party may terminate this Agreement by giving 7 days' written notice to the other party.

9.2 Immediate Termination

The Company may terminate this Agreement IMMEDIATELY without notice if:

The Supplier breaches any material term of this Agreement
The vehicle is found to be unroadworthy or illegally operated
The Supplier or driver misuses client data
The Supplier engages in conduct damaging to the Company's reputation

9.3 Effect of Termination

Upon termination, all outstanding payments shall be settled within 14 days. Clauses relating to indemnity, data protection, and confidentiality shall survive termination.

10. DEFAULT & REMEDIES

10.1 Supplier Default

If a booking is cancelled or cannot be fulfilled due to the Supplier's fault (e.g., vehicle breakdown, no-show):

The Company shall issue a 4-hour Completion Notice to remedy
If not remedied, the Company may source an alternative vehicle
The defaulting Supplier shall pay any additional costs incurred plus a penalty of 20% of the booking value

10.2 Company Default

If the Company fails to pay amounts due, the Supplier may issue a 7-day notice to remedy.

11. FORCE MAJEURE

The Company shall not be liable for delays or failure to perform due to circumstances beyond its reasonable control, including:

Acts of God Pandemics War/Civil Unrest Government Actions Natural Disasters

12. GOVERNING LAW & DISPUTE RESOLUTION

Governing Law: This Agreement shall be governed by the Laws of the Republic of Kenya.
Dispute Resolution: Any dispute shall first be referred to mediation. If unresolved, the parties submit to the exclusive jurisdiction of the Kenyan courts.

By registering on the Eliners Tours platform, the Supplier acknowledges having read, understood, and agreed to be bound by these Terms and Conditions.

Partners Terms & Conditions

WHEREAS:

3.1 Vehicle Ownership & Authority

3.2 Vehicle Condition & Roadworthiness

3.3 Legal Compliance

3.4 Replacement Vehicle Obligation

4.1 Driver Credentials

4.2 Prohibited Conduct

4.3 Operational Duties

9.1 Notice Period

9.2 Immediate Termination

9.3 Effect of Termination

10.1 Supplier Default

10.2 Company Default

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