Terms & Conditions

Please take note of our terms and conditions below

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:

  1. Avoid driving or controlling the motor vehicle unless it is an emergency
  2. Drinking or being under the influence of drugs jointly with the driver
  3. Command the vehicle or the driver to engage in an act that is reckless or dangerous
  4. 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.

  1. 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.
  2. Renters shall not arrange or undertake any repairs or leave the scene of the accident before police inspection or without the company’s consent.
  3. 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.
  4. If the vehicle requires repair, the company shall arrange repairs with the vehicle owners within a reasonable time frame.
  5. 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

  1. Always wear a safety belt while the vehicle is in motion.
  2. Any accidents, incidents, faults, defects, hazards or unsafe conditions shall be reported immediately to the company management.
  3. Give prior information on the areas to be visited in the period under which the vehicle is on hire.
  4. Follow all instructions, directions and risk assessments along the roads and the areas being visited, e.g. National parks, wildlife conservancy, and game reserves.
  5. 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.
  6. 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.
  7. 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 2 years of driving experience.

Requirements

We require the renter to fully 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, 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 2 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.

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 hire is charged at the day of hiring. Howver, 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

  1. Any cancellation made less than 3 days prior will be charged 50% of the total booking.
  2. Any cancellation made less than 7 days prior will be charged 10% of the total booking.
  3. Any cancellation made less than 14 days prior will be charged 0% of the total booking.

INSURANCE EXCESS

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 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.

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:

  1. 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
  2. The ACCEPTANCE shall be deemed valid once the vehicle provider clicks on the acceptance via the online platform/website.
  3. COMMENCEMENT shall be the date a confirmation message is made by BAMM TOURS to the vehicle PROVIDER for each vehicle sourced.
  4. TERMINATION shall be the date the balance of the charges owned for each vehicle is paid.
  5. CONSIDERATION shall be the fee chargeable by the service provider to the vehicle provider whether orally or written.
  6. 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;

  1. BAMM TOURS is a registered business offering car hire service through online platforms specifically through the webpage bammtours.co.ke/
  2. 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.
  3. 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.
  4. 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

  1. the singular includes the plural and vice versa;
  2. a person includes reference to a body corporate or other legal entity;
  3. any written law includes that law as amended or re-enacted from time to time;
  4. any agreement or other document includes that agreement or other document as varied or replaced from time to time;
  5. a clause is to the relevant clause of this agreement;
  6. 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.

  1.  SHALL not scrape, hack, reverse engineer, compromise or impair the www.bammtours.co.ke/ website.
  2. 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.
  3. 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.
  4. SHALL not take any action that could damage or adversely affect the performance or proper functioning of the www.bammtours.co.ke/ website.
  5. 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.
  6. 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

  1. 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.
  2. 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.
  3. The vehicle provider shall not use the name, logo, branding, or trademarks of BAMM TOURS AND SAFARIS LIMITED without permission.
  4. 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.
  5. 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.
  6. 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;

  1.     Was not within the control of the service provider,
  2.     Was not caused or precipitated by the service provider’s negligence
  3.     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.

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