Agreement For Car Hire Between Hirer And The Operator

This document is crafted as an important agreement between the hirer and the Operator. You must sign it before going with your rental car, which is enforceable depending on Ugandan Laws.

  1. CAR DESCRIPTION AND PERIOD OF HIRE

(a), The Operator will rent the car and the hirer will take, the motor vehicle, information of which is set out in this agreement (“Vehicle”) for the period of hire as explained in this Rental agreement.

  1. I/we…………………………………………………..am/are hiring Vehicle Registration No…………………for Self-drive with Operator, Hired for a period of……………. ………From (Time)…….………… Date……………..…Date of Return of Vehicle………………………..
  2. PAYMENTS BY HIRER
  1. The Hirer will pay the Operator for the hire of the Vehicle the sum or sums approved upon as per your car Booking confirmation. Payments can be made in Uganda Shillings ………… or USD ………….. Or Euros ……………….. as per the current exchange rate.
  2. Payments for the car rental are also made in cash upon arrival or by bank transfer to our USD account in Kampala, Uganda, or Visa credit card 7 days before the beginning of the rental with the extra bank Surcharge (3.5%).
  3. In addition to the amount defined in section (2) (a) above, the Hirer accepts that she/he will be responsible at the end of the hire period to pay the Operator any appropriate additional charges that may occur in the time of the rental, these may include charges for extra days used, late return contrary to the period agreed with operator’s agent, damage to or repair of the Vehicle (subject to the different terms of this Agreement) such as traffic fines, car parking fees, toll charges and border crossing exit confirmation fines.
  4. The fuel/oil costs will be made by the hirer of the vehicle during the period of hire.
  5. USE OF THE VEHICLE

The Hirer should not:

  1. use or allow the Car to be used for the transportation of passengers for hire or compensation unless the car is hired with the Operator’s knowledge for use in a passenger service approved and should not go above the carrying capacity of the car as per the insurance Licence or the number indicated on the agreement.
  2. sublet or hire the Car to any other person or allow the Car to be operated outside his/her authority thus those not party to the agreement.
  3. Use the Car or allow it to be used in cases that constitute an offence against any law in Uganda & other East African Community countries (Rwanda, Kenya & Tanzania).
  4. Use the Car or allow it to be used in any race, speed test, rally or competition.
  5. Operate the car or allow it to be used in breach of the agreement.
  6. Drive the car on any roads contrary to sections 7, 8 and 9 of the Agreement.
  7. No replacing of any parts or accessories of the car without the knowledge and approval of the operator.
  8. To tow any car on trial without the consent of the operator.
  9. HIRER’S OBLIGATIONS

The Hirer must make sure that:

  1. All good care should be taken when driving and parking the car whereby if damage happens, then it’s the responsibility of the hirer to pay not the operator.
  2. the water in the car’s radiator and battery is carried at the right level.
  3. the oil in the car is maintained at the right level;
  4. the tyres are maintained at their right pressure
  5. , and the car is locked and secure at all times when it is not in use.
  6. no part of the engine, transmission, braking or suspension systems is interrupted with, and
  7. Should a warning light be lit, or the Hirer acknowledge the car needs mechanical attention, they should stop driving and communicate with the Operator immediately.
  8. OPERATOR’S RESPONSIBILITIES

 The Operator will give the Vehicle in a good and road-worthy condition, with valid Third Party insurance.

  1. MECHANICAL REPAIRS AND ACCIDENTS
  1. If the vehicle is involved in an accident, is damaged, breaks down or needs repair regardless of cause, the Hirer shall inform the Operator about the full circumstances immediately.
  2. The hirer shall not do anything or undertake any repairs or go away from the scene of an accident before police inspection or without the Operator’s authority.
  3. If the vehicle needs repair attention, the operator shall organise repairs to the vehicle within a suitable time frame depending on the place of the breakdown. If the breakdown was an impact of the breach of Section 4, the hirer will be needed to pay the repair costs.
  4. In case of a mechanical breakdown we offer a replacement car within 24 Hours in Uganda and 72 Hours outside Uganda, the operator is accountable for the replacement car fuel as the hirer is liable for the fuel of the broken down car to bring it back to Kampala Uganda (Operator’s address)
  5. INSURANCE

The Operator’s rental fleet of cars is insured under a policy of motor vehicle insurance (“Policy”) from a person or company licensed to perform insurance business in Uganda as per the Uganda Insurance Act.

The operator’s Insurance Policy takes care of only the Vehicles, head-on collision and theft for the Vehicle and doesn’t offer Personal Life Insurance. This Insurance does not compensate for any damage made by carelessness such as driving under the power of alcohol, wheels/trims, cigarette burns (Our vehicles are all non-smoking), intended damages, reckless driving (e.g. driving through rivers and other blocked areas, race driving) and the engine knocking etc.

  1. Immediately report to the police if another party‘s guilt is to be confirmed or if any person is hurt.
  2. Therefore clients are allowed to make a Police Statement when he or she get into an accident because it is the grounds for the Police Report to declare Insurance coverage.
  3. The Excess Insurance charged by the operator will differ depending on the car type: Toyota Rav4 is USD 300 and Land cruiser Prado TZ & TX is 500 USD, Luxury Cars like LX 7.0 Series, Land Cruiser V8, GX, TXL land cruisers Excess insurance is US$ 2000.
  4. The hirer will obey the terms and conditions of the insurance policy and pay the owner any excess in the circumstance of the claim.
  5. Rooftop Tents and camping Gears are not part of the insurance in case of any damage, the client will pay the costs of replacing the tent at the original cost as per the Quotation from Manufacturing Tentco at US$1000.

IMPORTANT: The Operator is not offering insurance services to the Hirer. The Operator manages the insurance given under the Policy (Avenue Insurance Brokers on behalf of the insurance company). The Operator has the right to decide whether or not to claim under the Policy. In the case of damage to the Vehicle, the Hirer accepts to immediately contact, and solely bargain with the Operator.

  1. THE HIRER WILL NOT BE COMPENSATED UNDER THE POLICY (and therefore is alone liable for all damages) if –
    Note: Areas where the client is 100% accountable for damages to the car:
  1. Driving more than the speed limit calls for a fine of 80 US$ as per Section 120 of the Uganda Traffic Act, Keeping 80 km/hr on highways and a speed of 50km/hr in towns.
  2. Single vehicle accidents or roll-over will come in a fine of USD 1000 and the Excess in section 7 of the Agreement.
  3. Damage to the vehicle made by careless, reckless driving, Engine Knocking (e.g. passing through deep water, driving through impassable areas such as rivers) calls a fine of US$ 1000 for Rav4 and Toyota Land cruiser US$ 1500.)
  4. Damage to the vehicle is made by lack of good care as Clause 4
  5. Driving on prohibited roads/areas like off-tracking in Uganda National Parks
  6. During weather conditions like the rainy season, the client/hirer has to take care when driving in muddy areas and avoid passing in deep water.
  7. Underbody coverage and damage to the underbody of the vehicle are believed as a result of careless driving.
  8. Cross-Border Insurance: Our vehicles are completely insured to only be used in Uganda. The hirer shall not try to take the vehicle Across the border without approval from the operator and the hirer must buy COMESA insurance which the operator processes at US$40 for 20 Days or less days.
  9. Clients going to cross the border must give proof of an exit confirmation from the foreign country entered and failure to do so will result in an extra charge of US$ 200 to drive the car back to that country to exit.
  10. Use of fuel from prohibited petrol stations. The hirer/client should have fuel from only trusted Petrol Stations i.e. Total petrol station and Shell Petrol Stations
  11. DRIVING TIME AND GUIDANCE.
  1. The vehicle has to stop being driven at 7:00 pm and should begin at 6:00 am (East Africa Standard Time) anything that occurs above the mentioned time, the hirer will be responsible and pay for all the damages caused to the car on top of attracted fine of US$1200 unless allowed by the operator.
  2. The Driver/guide will stop driving at 7:00 pm and night game drives are paid an extra pay of US$20 with an extra payment to UWA depending on UWA Tariffs.
  3. Speed Limits in Parks are only 40 km/h and don’t go off track. Any client who does it is liable to Pay a fine of 150 USD to the Uganda Wildlife Authority.
  4. Wild Animals in the National Parks have 100% the Right of way and the hirer/clients are to be 100 metres away from aggressive Animals like Elephants, buffaloes, and hippos and the operator will not be responsible for damages caused to the car.
  5. Fuel And Gasoline

Vehicles are always provided on a “¼ to ¼“ basis. No reimbursements will be given for unused fuel at the end of the rental period.

  1. RETURN OF VEHICLES

At the beginning of the rental, the Hirer shall communicate the final destination where the car shall be picked from by the operator. Deliver the car to the place of business of the Operator or get the Operator’s approval to the prolongation of the hire period (in which the Hirer must pay additional hire fees for the extended period of hire).

  1. Breach of Contract
  1. Any addition and change to these terms and conditions shall be Null and void unless talked upon in writing by both parties and signed by the operator.
  2. In case of an accident, the client will be given a driver for the whole remaining trip period at an extra cost of US$35 in Uganda and US$50 outside Uganda per day.

Note: If you bring back the car before the end of your car rental period, no money is refunded. Therefore,  if you are not sure of the number of days to use the car, pay at your estimation and when you want to use the car for some extra day{s}, communicate to our reservation team at least 3 days before the agreed end date and you can make your payment at the end but at the same rate.

(T) The operator needs you to communicate your final destinations on arrival.

By Faizo