SUPPLIER TERMS & CONDITIONS
THIS TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT between BAMM TOURS AND SAFARIS LTD of Post Office Box Number 48243-00100 Nairobi, in the Republic of Kenya herein referred to as “SERVICE PROVIDER” and ALL VEHICLE PROVIDERS; Herein referred to as “VEHICLE PROVIDER”.
This agreement is valid upon the satisfaction of the following conditions:
- The OFFER made by BAMM TOURS to the vehicle owners shall be deemed valid at all times it shall remain published on the online platform under the names of www.bammtours.co.ke
- The ACCEPTANCE shall be deemed valid once the vehicle provider clicks on the acceptance via the online platform/website.
- COMMENCEMENT shall be the date a confirmation message is made by BAMM TOURS to the vehicle PROVIDER for each vehicle sourced.
- TERMINATION shall be the date the balance of the charges owned for each vehicle is paid.
- CONSIDERATION shall be the fee chargeable by the service provider to the vehicle provider whether orally or written.
- This Agreement shall be for an indefinite period and shall commence on payment of deposit due for every hire, but shall at all times be subject to the mechanical condition of the vehicle, its roadworthiness and availability thereof of the requisite licenses and policies of insurance.
By using BAMM TOURS AND SAFARIS WEBSITE as a VEHICLE PROVIDER, you are indicating that you have read and that you understand and agree to be bound by terms and conditions.
WHEREAS;
- BAMM TOURS is a registered business offering car hire service through online platforms specifically through the webpage bammtours.co.ke/
- The vehicle provider(s) is a generic term referring to any person and/or company owning a motor vehicle with the intention of hiring the said motor vehicle(s) for an economic gain.
- The motor vehicle provider avers that they are the legal owners or are the beneficial owners of the said motor vehicle(s) availed to BAMM TOURS clients for hire periodically for varied duration of time.
- The parties wish to form a vehicle provider-service provider relationship.
It is mutually agreed that the vehicle provider(s) shall at various times provide a variety of motor-vehicle of different registration numbers (Hereinafter referred to as “The vehicle”), together with skilled and competent driver and/or chauffeur services for purposes of renting out to diverse clients of the agent subject to the following terms and conditions:-
In this agreement unless the context otherwise so requires, any reference to
- the singular includes the plural and vice versa;
- a person includes reference to a body corporate or other legal entity;
- any written law includes that law as amended or re-enacted from time to time;
- any agreement or other document includes that agreement or other document as varied or replaced from time to time;
- a clause is to the relevant clause of this agreement;
- any party includes that party’s successors and assigns.
Clause headings are inserted for convenience purposes and shall be ignored in construing this agreement.
WITNESSETH THAT:
1. APPOINTMENT
The vehicle provider(s) hereby engages the services of BAMM TOURS AND SAFARIS LIMITED as its service provider for the purposes of sourcing for vehicle hire clients and Service provider do hereby accept such contract and agrees to act as such as service provider in accordance with the terms and conditions of this Agreement.
2. COMPENSATION
As compensation for the services to be rendered under this Agreement, the service provider shall directly deduct from the client the commission due, before remitting the balance to the vehicle provider.
3. SUPPLY OF VEHICLES
a) The vehicle provider shall at the request of the service provider supply the said Vehicle unit(s), together with experienced and competent Driver(s) to any client for hire.
b) The vehicle provider guarantees the service provider that they have legal authority to manage and/or control the vehicle(s).
c) The vehicle provider further guarantees the service provider that the vehicle(s) are in sound mechanical condition.
d) The vehicle provider further guarantees the service provider that the vehicles are free from encumbrances that may jeopardize the clients including but not limited to; dangers of financier’s repossession, criminal liability and legal liabilities owed to the government agencies.
e) The vehicle provider shall during the duration of the Agreement keep the vehicle in good and serviceable order and condition and a valid comprehensive insurance and license for all the purposes for which it is being used.
f) It is hereby agreed that all costs of maintenance and servicing of the vehicle due to the normal and ordinary wear and tear associated with such or similar vehicles shall be borne by the vehicle provider.
g) The vehicle provider shall insure and keep insured from and against all liabilities herein contained and shall pay all premiums necessary for that purpose for as long as the vehicle has been hired out to the agent’s clients.
h) The vehicle provider shall provide a temporary remedy, alternative vehicle or replacement vehicle in the event that the primary vehicle is unavailable as a result of accident or other circumstances, at his/her own cost.
4. DRIVER
The vehicle provider guarantee that the drivers:
a) SHALL NOT, during the hours that the vehicle is under his/her control, cause and/or allow it to leave his possession for whatsoever reason, without the very express permission of the owner.
b) SHALL NOT, during the hours that the vehicle is under his control, cause and/or allow it to abandon, without the very express permission of the agent.
c) SHALL at all times adhere to the maximum allowable passenger and/or load capacity as per the Traffic Act Cap 403, and the specifications of the manufacturers of the vehicle, Maximum speed permitted by law and/ or the direction of the owner.
d) The driver will fuel the vehicle sufficiently every day.
e) The driver undertakes that he will be solely and fully liable for any damage, loss and/or injury sustained by any passenger or third party, where the said loss and/or damage is occasioned through his carelessness and/or negligence and/or incompetent care and control over the vehicle.
f) The driver shall establish and maintain appropriate business standards procedures and controls including those necessary to avoid any real or apparent impropriety or to prevent any action or conditions which could result in conflict between himself, the agent and the client’s best interest.
g) The driver shall ensure compliance at all times with safety and security requirements and procedures which apply to the location at which services are rendered, and shall furthermore use his best judgment and endeavor to protect and/or enforce the security of the vehicle and his and any passengers’ safety.
5. INSURANCE
The Motor Vehicles shall be insured to their full replacement value against all risks on a comprehensive policy without excess or restriction.
If the Insurance Policies provide for the payment of any excess, the client shall be responsible for the payment of such excess.
6. TRAVEL OUTSIDE KENYA
If the client wishes to take a Motor Vehicle out of Kenya, the vehicle provider shall obtain from the insurer, in respect of such Motor Vehicle and for the period such Motor Vehicle is out of Kenya, a comprehensive insurance policy together with a PTA insurance policy, Road user, and or COMESA. The premiums in respect of the comprehensive insurance policy and the PTA insurance policy shall be borne by the vehicle provider.
The vehicle provider shall provide the client or his driver with the relevant documents, consents and authorisations.
7. COMPANY’S AND CLIENTS DATA
The vehicle provider shall not do the following in relation to the service provider’s company’s data and /or client’s data.
- SHALL not scrape, hack, reverse engineer, compromise or impair the www.bammtours.co.ke/ website.
- SHALL not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the www.bammtours.co.ke/ website.
- SHALL not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Bamm Tours and Safaris Ltd content.
- SHALL not take any action that could damage or adversely affect the performance or proper functioning of the www.bammtours.co.ke/ website.
- SHALL not use content made available through the www.bammotours.co.ke/ to make their own website in competition with BAMM TOURS and SAFARIS LIMITED.
- SHALL not use or cause to be used clients data including their telephone number and personal information for any other purpose’ either during the hire or thereafter. The principal shall be personally liable for any breach of client’s data by they themselves or by the vehicle’s drivers.
8. INDEMNITY
- The vehicle provider shall Honor their legal obligations in relation to the vehicles they offer for hire. Subsequently, they indemnify the service provider from any such claims arising from any motor vehicle under the control of the service provider’s client’s.
- The vehicle provider shall Understand and follow the Kenyan laws that apply to motor vehicles, including traffic Act, data privacy laws, and data protection laws.
- The vehicle provider shall not use the name, logo, branding, or trademarks of BAMM TOURS AND SAFARIS LIMITED without permission.
- The vehicle provider shall not use or register any domain name, social media handle, and tradename, trademark, branding, logo, or other source identifier that is confusingly similar to any BAMM TOURS and SAFARIS LIMITED trademarks, logos or branding.
- If any motor vehicle shall be damaged as a result of clients and or the driver’s negligence or willful misconduct of the client/driver, the cost of repair of such motor vehicle shall be the clients/driver responsibility, save to the extent that such cost may be recovered under the insurance policies of the vehicle.
- If any motor vehicle shall be lost or stolen as a result of clients and or the driver’s negligence or willful misconduct of the client/driver, the service provider shall not be responsible as long as the vehicle(s) was under the custody of the vehicle provider’s driver.
The vehicle provider indemnifies the service provider from such claims.
9. TERMINATION
This Agreement may be terminated by either party giving to the other, FORTY EIGHT HOURS (48) written notice to that effect. Either party shall be entitled to terminate this Agreement at any time without notice if the other commits a breach of the terms and conditions of this Agreement.
On termination, each party shall pay the other any fees paid but not utilized or fees due.
This agreement shall be subject to the Laws of Kenya.
The driver will be required to renew his driving and other licenses (if any), that are the subject of the Traffic Act or any other Laws of the Republic of Kenya.
The vehicle provider will be at liberty to inspect the vehicle at any time for purposes of maintenance or servicing of the same.
10. DEFAULT
(a) If the transaction is frustrated in any way or cannot for any reason be completed due to the fault of the Vehicle provider, the service provider shall issue the Vehicle provider with a twelve (12) hours Completion Notice specifying the default and requiring the Vehicle provider to remedy the same and should the Vehicle provider fail to do so, the service provider shall, upon expiry of the Notice, make alternative arrangements from other vehicle providers. The defaulting vehicle provider shall compensate the service provider against any loss incurred as a result thereof.
(b) If the transaction is frustrated in any way or cannot for any reason be completed due to the fault of the service provider after the execution of this Agreement the vehicle provider shall issue the service provider with a twenty four (24) hours Completion Notice specifying the default and requiring the service provider to remedy the same and should the service provider fail to do so, the vehicle provider shall, upon expiry of the Notice, proceed will recovery measures provided for under the law.
FORCE MAJEURE
The service provider will not be liable in respect of any delay in performing, failure to perform or failure to adequately perform any of its obligations in consequence of any act, cause or event which;
- Was not within the control of the service provider,
- Was not caused or precipitated by the service provider’s negligence
- Could not have been prevented by the vendor’s reasonable diligence including Acts of God.
Intention to be bound
Each of the parties herein hereby agrees and confirms that it has executed this Agreement with the intention to bind itself to the content herein.