Customer Terms & Conditions
These TERMS AND CONDITIONS shall apply to ALL BAMM TOURS AND SAFARIS LIMITED renters who rent out any motor vehicle provided by the company either directly or indirectly for any specified duration of time. By using BAMM TOURS AND SAFARIS WEBSITE as a Vehicle renter, you are indicating that you have read and that you understand and agree to be bound by terms and conditions.
SCOPE OF USE
The vehicle renter guarantees that the vehicle will be used strictly for the reason disclosed to the company. He/she shall not direct the driver of the vehicle to be under the control of another person who is a third party to this contract.
The vehicle shall operate only in the locations disclosed to the company at the time of renting it out.
The renter does hereby indemnify the company against any loss that may occur in the course of the use of the motor vehicle in the circumstances that the vehicle is operated in an area not disclosed before and/or the vehicle is under the control of a person other than the driver disclosed to the company during the time of renting out.
RENTAL FEES
The renter will pay the company fees directly to the company using the payment method provided on the company’s website.
Any payment outside the provided methods of payment shall be in breach of the contract and shall be void and actionable.
In the event of an accident, the renter shall pay the excess fee due to the insurance directly to the company.
In the event of an accident, any fees incurred by the company on behalf of the renter shall be reimbursed by the renter back to the company. The renter shall ensure that they have their personal accident policy to mitigate any injury and losses due to any motor vehicle accident.
DRIVERS CONDUCT
The company shall not be responsible for the driver’s misconduct in any of the following circumstances (the renter has an obligation to ensure that the driver):
- DOES have a valid driver’s license.
- Does not drive under the influence of drugs or alcohol.
- Does not violate traffic rules, e.g. regarding speed, use of phone etc.
- DOES NOT Smoke or drink alcohol inside the car while driving.
- DOES NOT assign the car to another driver without notice to the company and the renter.
- Does not leave the car unlocked, unattended or parked in dangerous areas.
- Does not allow unauthorized people to drive or occupy the car, unless an emergency mandates it.
CODE OF CONDUCT
While being driven in the vehicle, the renter shall:
- Avoid driving or controlling the motor vehicle unless it is an emergency
- Drinking or being under the influence of drugs jointly with the driver
- Command the vehicle or the driver to engage in an act that is reckless or dangerous
- Acquiring traffic penalties such as parking violations or environmental pollution.
SAFETY
It is the policy of BAMM Tours And Safaris Limited to ensure, so far as it is reasonably practical, the health, safety and welfare of all its employees, clients and visitors in accordance with the relevant statutory requirements and corporate best practices. The company also accept its responsibility for the security and safety of other people who may be affected by its activities
RENTERS OBLIGATIONS
These obligations are applicable to renters of self-drive fully and to renters with drivers where applicable.
- If the vehicle is involved in an accident, is damaged, breaks down or requires repair regardless of cause, the renter shall notify the company of the full circumstances even though there is a driver.
- Renters shall not arrange or undertake any repairs or leave the scene of the accident before police inspection or without the company’s consent.
- In case of an accident, the renter shall make a statement to the nearby police; if the statement is found to have some fraudulent intention, the renter will be legally liable for making a false statement when they knowingly and willfully falsify, conceal, or cover-up by any trick, scheme.
- If the vehicle requires repair, the company shall arrange repairs with the vehicle owners within a reasonable time frame.
- In case of mechanical breakdown, we provide a replacement car within 24 Hours in the Nairobi area and 48 hours outside Nairobi and across the border.
RENTERS FURTHER OBLIGATIONS
- Always wear a safety belt while the vehicle is in motion.
- Any accidents, incidents, faults, defects, hazards or unsafe conditions shall be reported immediately to the company management.
- Give prior information on the areas to be visited in the period under which the vehicle is on hire.
- Follow all instructions, directions and risk assessments along the roads and the areas being visited, e.g. National parks, wildlife conservancy, and game reserves.
- Co-operate with the drivers on all matters regarding health, safety and security and report the drivers in the event that there is a breach of any safety requirements, e.g. on vehicle speed.
- Avoid risks to the vehicle and to themselves by visiting any places that may be deemed to be high-risk danger zones, e.g. cattle rustling zones.
- Keep photographic images of incidences, places visited and sightings that may pose a danger and security risk.
INDEMNITY
Renters agree to indemnify, defend, and hold harmless the company for any loss, damage or legal action against the company as a result of the renters’ operation or the use of the motor vehicle directly or indirectly during the terms of this rental agreement. This includes insurance claims, legal claims, legal fees, parking tickets, traffic violation charges, and any other cost arising due to the motor vehicle while in possession of the renter and/or the designated driver.
REPRESENTATION AND WARRANTIES
The renter represents and warrants that the identification documents provided at the commencement of this contract are genuine and legal.
The renter further represents that they will not violate any Law and that they shall not be negligent in the use of the vehicle either directly or indirectly.
The renter further represents that they shall not engage in any illegal activity during the renting out period which may result in the impounding of the motor vehicle as an exhibit or which may put the vehicle at risk of loss, theft, destruction or damage.
APPLICABLE LAWS
The laws applicable to this agreement shall be the laws of Kenya. In the event of a dispute, the renter agrees to be subject to the provisions of the Kenyan law. The renter further agrees that they shall not avoid liability by invoking diplomatic immunity.
YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY UPON HIRING ANY OF THE VEHICLES
1. Self-Drive Car Hire Client Terms & Conditions.
Driver’s Age
You must be between 29 and 70 years old to hire a car from us. You must hold a valid International / Kenyan driver’s license with at least 4 years of driving experience.
Requirements
We require the renter to fill in our self-drive car hire form at this link. https://bammtours.co.ke/self-drive-car-hire/
We require a copy of the renter’s Passport/ Identity Card, Driving License, Full Contact details, Next Of Kin Address & ID, Place of Work or Residence, and Full advance payment for the period of hire before or on the collection of the vehicle.
An extra refundable cash deposit equivalent to a day hire of the agreed amount of vehicle hire per day. The amount is forfeited if the vehicle is returned late, with a dent, dirty, unfueled, or any other contrary incidences.
For visiting /non-Kenyans, we require a hotel/ lodge/ apartment confirmed booking voucher of their place of stay or residence, plus airline tickets for flying in and out of the country.
Duration Of Hire
If you hire the car on self-drive, the Minimum Rental Period is 4 days. Any car rental that is less than 2 days must be accompanied by a driver. A day is based on 24 hours basis.
Car Hire Agreement
Self-drive cars are hired subject to the Company’s standard form of agreement. Notwithstanding the above conditions, the Company reserves the right to hire a car at any time without assigning any reasons. The Agreement signed does not necessarily be from the Company, Bamm Tours & Safaris, as thus the vehicle may be outsourced from other car rental suppliers in Kenya.
Fuel
Self-drive rates exclude fuel. We either hire out the car empty or Full, and you return the same fuel level. We recommend fuelling at either Shell Petrol Stations or Total Petrol Station. Renters are further obligated to be careful where, how, and who fuels. Fueling undulated fuel in unknown Petrol Stations is punishable under the laws of Kenya, and thus the renter will be held liable.
Car Wash
The hirer should return the car as clean as he received it. Failure to return the vehicle clean is chargeable at KES1,000/-. The renter is obligated to ensure that the vehicle is clean both interior and body at all times when the vehicle is under his or her care.
In case the car requires a special cleaning procedure (i.e. smell removal, animal pollution, spill of liquids etc.) after returning, a charge of Ksh. 5,000/= will apply.
Time And Distance
One day of rental is calculated on a 24-hour basis. The vehicle must be hired and returned between normal working hours. Extended hours are charged at a minimum of KES500/- per hour.
The mileage is unlimited, though you must disclose your intended movement locations.
Should the vehicle be found moving towards undescribed locations, the engine is switched off by geo-fencing. The hirer is responsible for its reinstatement. As the car track assumes the car has been stolen.
Payment
We accept bank transfers, credit or debit cards, and Mpesa (Paybill & Till Number). Cash payment is not allowed. The booking or reservation advance fee is 30%, while the final 70% is payable in full upon car receipt. A refundable extra amount equivalent to a day’s hire is charged on the day of hire. However, it is refundable upon 100% confirmation that the vehicle is returned in the same condition as it was given out. Find our payment options here; https://bammtours.co.ke/pay/
Cancellation Policy
- Any cancellation made less than 3 days prior will be charged 50% of the total booking.
- Any cancellation made less than 7 days prior will be charged 10% of the total booking.
- Any cancellation made less than 14 days prior will be charged 0% of the total booking.
NO-SHOW
What is a no-show? A no-show occurs for the following reasons:
- The client didn’t inform us about your cancellation before your pick-up date.
- The Client failed to pick up the car at the arranged time and date.
- The client failed to provide the required documents or pick-up details.
If the booked vehicle is not collected at the agreed time the rental charge already paid shall be withheld in full and not refunded.
INSURANCE EXCESS
In Motor Insurance, an excess is the amount you usually must pay to claim your policy. Most insurance policies in Kenya have an excess provision. The excess is a way of accepting a small portion of the risk with the insurance company.
What is an excess? In an accident, the excess is the first amount payable by the hirer in the event of an accident. It serves as the un-insurable portion of your accident or loss. When you have to submit a claim you will have to pay that extra amount of money called the excess. It is usually paid directly to the Insurance company before you leave the car at the preferred garage. With a high amount of excess, when you do have an accident, it is rarely taken into account who is to blame for the incident, you have to pay the excess either way. This also deters many people from making claims that are fraudulent or minor. Furthermore, the administrative costs for a car insurance claim are the same regardless of who is at fault. In Kenya, the excess charged by most car insurance companies is between 5% – 10% of the value of the car.
Your liability is limited to the insurance excess surcharge, usually 10% of the car’s value. You can purchase non-refundable excess insurance when hiring a car for complete peace of mind.
The vehicle must be locked when unattended. The vehicle must not be parked in a public area for long periods. The Renter is responsible for the vehicle’s security and, in the event of theft, is liable for paying the excess Fees and helping in Police investigations. The renter must present himself to a police station to record a statement and inform the company in good time.
The Hirer must not carry passengers for reward or gain.
Collision Damage Waiver (CDW)
The renter is directly liable for the first part of any claim not exceeding 10% of the cost of the car. For claims that exceed 10% of the car’s value, your liability is limited to the applicable insurance excess surcharge. Please note that CDW does not cover damage to the tyres, bumpers, headlights, interiors, wheels, undercarriage, roof, and windscreen of the car.
The hirer should never hand over the vehicle to a different driver, either experienced or not, with whom the company has not entered into an agreement with or without our knowledge.
Loss Damage Waiver (LDW)
LDW refers to CDW and Theft Protection Insurance (TPI) collectively. It covers the costs of replacing the car if it is stolen and repairing the car if it is damaged. The insurance excess surcharge on Theft is the same or higher than the insurance excess surcharge for damage. LDW combines both.
Excess Liability Waiver
When hiring a car from us we request that you either accept the liability of paying excess in the event of eventual loss or damage to the car; alternatively, you can purchase excess insurance with your car rental insurance policy. S
Cost Of A Driver
Hiring a driver costs KES3,000/- per day within Nairobi, between 06:00 hrs to 18:00 hrs.
Overtime charges are applicable at KES 1,000/- Per Hour for the next 5 hours until midnight.
All other locations in Kenya are charged at KES5,000/- per day, exclusive of meals and accommodation, between 06:00 hrs to 19:00 hrs.
Overtime charges for these locations are KES1,000/- for 5 hours until midnight.
VAT
All rates are exclusive of tax/VAT (if incurred).
For corporate customers who require 16 % VAT, please provide your PIN for smooth ETIMS registration.