Terms & Conditions for self-drive car rentals in Kenya

Roadtrip Africa BV is gevestigd in Nederland. Echter, niet iedereen in ons team in Nederland en Afrika verstaat de Nederlandse taal. Daarom is de voertaal binnen onze bedrijfsvoering in het engels. We hebben de website vertaald naar het nederlands, maar de algemene voorwaarden en het bookings formulier zijn niet vertaald en communicatie per email verloopt ook in het engels. Bedankt voor je begrip. 

Confirming a booking with Roadtrip Africa in Kenya confirms that you have read, fully understand and accept the terms and conditions described below. 

Other conditions apply when renting a car with our driver. Check these T&Cs here. 

Terms & Conditions for self-drive car rentals

I. General & use of the Vehicle

1.“RTA”, “Roadtrip Africa in Kenya” or the “Owner” means Roadtrip Africa;
“You” or the “Hirer” means the person(s) who have signed the Rental Agreement;
The “Rental Agreement” means the rental agreement made between You and the Owner;
“Vehicle” means the vehicle you rented, as described in your online reservation form.

2. The Vehicle can only be driven by the Hirer who has signed the rental agreement and his authorized travel companions. In case the Hirer wishes to use the services from a driver-guide, then RTU arranges a driver and other terms & conditions apply. The hirer cannot arrange their own driver-guide.The Hirer shall bear any loss or damages arising from  the Vehicle being used by an unauthorized driver.
3. The Hirer shall return the Vehicle on the agreed date, as specified in your online reservation form, before 7:00 PM, unless the Owner has specifically agreed otherwise. No refunds shall be given for early returns.
4. The Hirer shall have a valid driver’s license (of the country of residence and/or an International Driver’s License). It is the driver’s responsibility to ensure that he/she carries the driver’s license with him/her whilst driving.
5. The Hirer shall settle any fine or penalty from the traffic police.
6. The Vehicle is rented with an empty fuel tank - diesel - and shall be returned to the Owner with an empty tank.
7. The Hirer must use fuel only at larger gas stations, such as Shell and Total. In some of the smaller gas stations, fuel can be mixed with other liquids or additives, which may seriously damage the Vehicle’s engine. 

II Speed Limits 

• 80 km/hour on highways. This might seem limited, but a Landcruiser packed with luggage and camp gear is a heavy vehicle. Because of the longer brake distance, the police classify safari vehicles as trucks. 
• 40 km/ hour when driving through towns. Note that the main highways also pass through villages, so significantly reduce your speed.
• 35/ hour in the National Parks

Our cars are equipped with car trackers, and for your safety, we receive instant notifications when our vehicles drive beyond the allowed speed.

III. Restricted areas & recommendations

North East - the area past Galana River towards Garsen, Mandera and all areas north to Wajir and Moyale are prohibited. The region borders Somalia and is unstable. 

Northern Kenya - Anywhere north of Samburu National Park is prohibited. So all roads leading to Marsabit, Chalbi desert, Loiyangalani, Lake Turkana, and North and South Hor coming down to Lodwar. 

You're allowed to drive along the coast but no further north than Malindi. To visit Lamu Island, you must catch a domestic flight.

8. For your safety, the Hirer is not allowed to drive in the dark before sunrise (approx. 6.30 AM) and after sunset (19:00 PM), unless the Hirer has specifically asked for permission and the Owner has agreed otherwise. 
9. The Hirer is not allowed to cross any international borders without prior written approval from the Owner and additional insurance coverage by issuing a valid COMESA yellow card.

IV. Maintenance

10. All Vehicles are checked and serviced before being rented out, and you will receive the Vehicle in a safe and roadworthy condition. The Hirer shall return the Vehicle in the same condition as it was provided at the start of the rental.
11. You are responsible for the Vehicle during the rental period and you will use the Vehicle following good driving practices and in compliance with all laws. This vehicle maintenance includes checking engine oil and other lubricants, coolant water, and tire pressure. The Hirer shall cover the costs of the Vehicle’s maintenance during the rental period. 
12. If any dashboard warning lights illuminate, the Hirer should consult the car symbol checklist and, in case of doubt, contact the office in Nairobi.
13. Please note that we don’t do field repairs or send a replacement vehicle when there are problems with the A/C or your fridge. Wiring and piping are sensitive and suffer from bumpy roads and dust. Sadly, the knowledge and equipment (Frigo gas) to repair A/C or fridges are unavailable in the field. We understand it's unfortunate when your fridge stops working. In the rare case this happens, do let us know, and the office in the Netherlands will issue a refund for the fridge rental. 

V. Mechanical breakdowns & repairs

14. In case of a breakdown, always contact the Roadtrip office in Nairobi first. You can reach us 24/7, and our main goal is to get you on the road as fast as possible. Each problem is unique and requires a tailor-made solution. Usually, the best solution is to get the car repaired in the field. We will direct you to the nearest workshop or send a mechanic to assist you. Make sure that the office is always contacted for authorization before any repairs to the vehicle. It's not uncommon that mechanics in the field try to give you the wrong impression, stressing that many things need to be worked upon and overcharge as a result. Please do not pay the mechanics or even give them a tip. The Kenya team handles all payments. 
15. When a problem with your car can’t be solved within 24 hours, a replacement car will be provided from Nairobi. Time lost within those 24 hours is at your own expense. Roadtrip Africa cannot be liable for refunding park fees, activities, or hotels.

VI. Accidents


16. In case of an accident, whether it is your fault or those of the third party, the Hirer shall always immediately notify the office in Nairobi and take pictures of the damaged Vehicle and the other vehicle(s) involved in the accident, and process and clear a police report. 
17. In case of an incident involving one or more vehicle(s), details of these vehicle(s) and their driver(s) should be identified and reported, such as the driver’s ID, telephone number, number plate and insurance registration number.
18. After an accident, the Hirer should not leave the Vehicle unattended.

VII. Damages, waiver and Insurance

19. Subject to this clause, the Hirer is liable:
a. for the loss of or any damage to the hired Vehicle during the rental period;
b. for all third-party property damage of any person, which is caused or contributed to by the Hirer or an approved driver or which arises from the use of the Vehicle by the Hirer or an authorised driver;
c. for all third-party bodily injury, which is caused or contributed to by the Hirer or an approved driver or which arises from the use of the Vehicle by the Hirer or an authorised driver;

20. In the event of an unintended collision between the Vehicle and any other object (including another vehicle) during the rental period that results in damage to the Vehicle or to the property of any third party, RTA waives your liability under clause 19, provided: 
a. RTA agrees that you and/or the approved driver were not at fault; 
b. you have complied with the terms of the Rental Agreement;

21. In the event of theft of the Vehicle during the rental period, RTA waives your liability under clause 19, provided: 
a. the car was parked at a secured, private compound, and there are clear signs of a break-in ( such as a damaged garage door); 
b. you have processed and cleared a police report;
c. You have provided RTA with any details of the incident that RTA requests 

22. RTA will not waive your liability under clause 19, and the damages arising thereof will not be subject to coverage by the Insurance if any of the following events has occurred: 
a. Driving in excess of speed limits. 
b. Single vehicle incidents or rollovers.
c. Damage to the Vehicle is caused by lack of proper care/maintenance of the vehicle. For example, when you see the overheating symbol on the dashboard, you must stop driving immediately. 
d. Driving under the influence of drugs or alcohol.
e. Driving on restricted roads/areas.
f. Water submersion or salt water damage is caused
g. Wrong fuel use

23. An excess fee of a maximum of USD 250 applies, also known as the “deductible”, which is not covered and is the Hirer’s own risk

24. The following damages do not fall under the waiver subject to this paragraph and are NOT covered by the Insurance:
a. personal bodily injury and/or belongings of the Hirer or the approved driver. The Hirer is advised to obtain travel and medical insurance;
b. Tires: The vehicle is rented out with good quality tires, but having a flat tire can happen during the road trip, and repair is at the expense of the Hirer. If any of the tires are damaged beyond repair, the Hirer must replace it with a tire of the same dimension, type, and wear characteristics, and the cost is for the Hirer's account. Always call the office in Nairobi for advice on which tire type is suitable.
c. Underbody coverage: damage to the underbody of the vehicle is considered a result of careless driving. 
d. Windows.
e. Camp gear: damages to our tents and camp gear set are not covered by the insurance, and repair and/or replacement costs are forwarded to the hirer. 

VIII. Liability

25. RTA shall, to the maximum extent permitted by law, not be liable for any loss, damage or injury of any nature of the Hirer or the approved driver. 
26. RTA cannot accept liability or pay compensation for unforeseen circumstances beyond its control or its staff, including flight delays/cancellations or force majeure such as war or threat of war, riots, civil disturbances, terrorist acts, border closure, acts of government or other authorities, strikes, thefts, epidemics, road closures, industrial disputes, natural or nuclear disaster, extreme weather conditions, fire, technical and/or mechanical problems to transport and all similar events beyond RTA’s control.

27. We strive to maintain accurate and current information on this website. However, no claims or rights can be guaranteed or derived from our website's content. It is your responsibility to independently verify any information before relying on it.

IX. Security bond

28. A security bond of € 500 is required through Credit card reservation. When the vehicle and camping equipment are returned in acceptable condition, the Credit card freeze will be released. Any losses or severe damages to the camping gear shall be charged to the Hirer at replacement value.

X. Payment details and cancellation policy

29. a non-refundable deposit of 10% of the total contract amount is required to confirm the booking. Payments are made to the Roadtrip Africa Euro bank account in the Netherlands. Deposits can be paid via credit card, bank transfer, or Ideal.