Royal Umbrella

Terms & Conditions

1. Definitions, Substance of the Agreement and Object of Regulation

1.1. The following abbreviations and definitions are used hereinafter in the Agreement:

1.1.1. The Terms and Conditions - the present standard terms or conditions of rent of the Vehicle which are the basis for rent and use of the Vehicle;
1.1.2. Royal Umbrella Limited Company - the company stated on the front page of the Agreement;
1.1.3. The Renter - the person stated on the front page of the Agreement, who received the Vehicle for use from Royal Umbrella according to the present Agreement;
1.1.4. The Agreement - the rental agreement concluded between Royal Umbrella and the Renter, which consists of the present Terms and Conditions and the special terms and conditions stated on the front page;
1.1.5. The Vehicle - the Vehicle stated on the front page of the Agreement, the right of use of which belongs to Royal Umbrella, and which Royal Umbrella provides to the Renter for use according to the Agreement.

1.2. The present Terms and Conditions establish the rights and obligations of the Renter during use of the Vehicle. The Renter is aware that the right of use of the Vehicle belongs to Royal Umbrella, and that the Renter does not have powers for transfer of the rights and obligations accepted by him or her by conclusion of the Agreement to third persons (among other, for transfer of the right to the Vehicle). Rent or transfer of the Vehicle to third persons is permitted only on the basis of a prior written agreement with Royal Umbrella. Royal Umbrella allows the Renter to use the Vehicle in accordance with the present Terms and Conditions.

1.3. Royal Umbrella makes the present Terms and Conditions available to the Renter not later than at the time of conclusion of the Agreement. By signature of the Agreement the Renter confirms and the Renter has read and understood the present Terms and Conditions, and that the Renter undertakes to comply with them.

1.4. The Agreement is concluded for use of one vehicle during the period stated in the Agreement and until return of the vehicle into direct possession of Royal Umbrella ("the period of rent”). Provisions of the Terms and Conditions do not become invalid following return of the Vehicle, if their continued validity arises from their substance.

2. Conditions of Use of the Vehicle

2.1. According to the Agreement, only the Renter and/or other persons who were included in the Agreement by Royal Umbrella as additional drivers are allowed to drive the vehicle. The Renter and the additional driver stated in the Agreement must possess a driver's license valid in the Republic Kenya (not the initial driver's license), and he or she must have at least 2 years of driving experience and be at least 25 years of age. Driving of the vehicle is prohibited for the person:

2.1.1. Who does not comply with the requirements established by Royal Umbrella or by the law regarding validity of the driver’s license, age of the person and/or other possible restrictions?

2.1.2. Who is under influence of alcoholic, narcotic or other substances, which impede consciousness and delay reaction ("state of intoxication”), or who is too tired, or whose health condition does not correspond to the requirements arising from the law.

2.2. The Renter is responsible for prudent use and careful driving of the Vehicle, and he or she undertakes to use the Vehicle only according to its designated purposes. Royal Umbrella reserves the right to return the Vehicle into its direct possession at any time, if the Renter does not perform the Terms and Conditions of the Agreement.

2.3. When leaving the Vehicle, the Renter undertakes to lock the Vehicle and to turn on the alarm system, if the Vehicle is equipped with it. The Vehicle must be parked in a place designated for parking. The Renter must not leave valuable items at a visible place in the vehicle. Safety belts and the child-restraint seat must be used according to the legal instruments applicable in the country where the Vehicle is used, and the Renter is responsible for correct installation and use of safety equipment.

2.4. The Renter undertakes to use fuel that is suitable for the Vehicle, and if a warning indicator is lit when the Vehicle is started, to check the level of oil and other liquids. If the Vehicle gets into a traffic accident or starts to malfunction, Royal Umbrella has to be immediately informed thereof via telephone. The Vehicle can be taken to a service or repair shop only under a prior permission of Royal Umbrella. It is also forbidden for the Renter to repair the Vehicle on his or her own.

2.5. It is forbidden to use the Vehicle:

2.5.1. for transport of more people than permitted in the registration certificate.
2.5.2. For transport of a load that is heavier than permitted in the registration certificate.
2.5.3. for pushing or towing other vehicles or other objects;
2.5.4. for driving in off-road conditions or on roads that are not designated for the Vehicle;
2.5.5. For transport of items that have not been properly attached and fixed;
2.5.6. for transport of items, transport of which damages the Vehicle of the interior of the Vehicle, or makes it impossible to immediately provide the Vehicle for rent again (including, for example, smell, smoke, strong stains, dirty cabin, scratched parts, etc.);
2.5.7. For participation in rallies, test drives and competitions;
2.5.8. in breach of the Traffic Act;
2.5.9. for actions contrary to the law;
2.5.10. For sub-renting;
2.5.11. for driving in areas where traffic is prohibited;
2.5.12. for practice driving;
2.5.13. for provision of taxi or shared travel services;
2.5.14. for transport of animals.

2.6. When concluding the Agreement, the Renter undertakes to inform Royal Umbrella of the length of his or her travel route. The Vehicle can be used only in the territory of the Republic of Kenya, if the Agreement does not include a note permitting crossing of the state border. In case of breach of this restriction the Renter is fully liable towards Royal Umbrella for any damage caused to the Vehicle and/or its parts, and/or damage or injury caused to third persons, including for the costs of return of the Vehicle to Kenya. Application of the limitations of liability described in Section 4.2. Does not release the Renter from such liability.

2.7. Smoking, consumption of alcoholic drinks and other narcotic substances in the Vehicle is prohibited.

2.8. The Renter is aware that a GPS search system is installed in the Vehicle, allowing Royal Umbrella, if necessary, to identify location and speed of the Vehicle, activate its alarm system, activate blinking hazard lights and shut down the engine during the trip. Royal Umbrella Limited Company has the right to search for the Vehicle that was not returned by the due time using the GPS search system, and, if necessary, to prevent its further movement and communicate the information regarding location of the Vehicle received through the search system to the police, to the owner of the Vehicle, to the insurer, and, if necessary, to authorized partners of Royal Umbrella Limited Company used by the Car Hire Company for searching for Vehicles.

2.8.1. During the effective period of the Agreement Royal Umbrella does not use the GPS search system of the Vehicle, and does not monitor movement of the Vehicle, unless it has a legitimate reason to suspect or it has received information that the Renter has materially breached the Agreement (for example: the Vehicle is in a country which it is not allowed to enter according to the Agreement), or if it is required by the police or any other institution/insurer of the Vehicle/owner of the Vehicle.

3. Transfer and Return of the Vehicle

3.1. Royal Umbrella transfers the Vehicle in an operating condition together with documents required for driving. The documents required for driving include documents that are required for use of the Vehicle by law, according to the information provided by the Renter to Royal Umbrella during booking of the Vehicle. Usually the documents required for driving are a copy of the Driving license and Identification Card and the Agreement.
3.2. The Renter undertakes to return the Vehicle to Royal Umbrella in the place, on the date and at the clock time stated in the Agreement, and the Vehicle must be equipped in the same way and have the same documents as at the time of transfer of the Vehicle to the Renter.
3.3. Royal Umbrella has the right to early cancellation of the Agreement if it discovers that the Renter has materially breached the Terms and Conditions of the Contract, or submitted incorrect information to Royal Umbrella when he or she rented the vehicle, or does not manage to properly use the Vehicle. If Royal Umbrella demands early termination of the Agreement on the grounds described in the present Section, the Renter undertakes to immediately return the Vehicle to Royal Umbrella.
3.4. The Renter checks condition of the Vehicle when it is transferred by Royal Umbrella, and the Renter confirms with his or her signature on the front page of the Agreement that the Vehicle corresponds to descriptions provided in the Agreement. If the Renter identifies differences between descriptions provided in the Agreement and the actual condition of the Vehicle, the Renter must let Royal Umbrella make respective notes in the Agreement. During the period of rent the Renter is responsible for prudent use of the Vehicle, for careful driving, for additional equipment and documents required for driving, as well as for regular cleaning of the Vehicle during the period of rent.
3.5. The Renter undertakes to return the Vehicle to the office of Royal Umbrella stated in the Agreement during its business hours. During the business hours the Renter has the right to demand from Royal Umbrella to inspect the Vehicle and record new faults. If the Renter waives this right, the Renter is responsible for the Vehicle until the time when Royal Umbrella performs inspection of the Vehicle and takes it into its direct possession. If the Renter returns the Vehicle outside the business hours, the Renter must observe the rules of return of Vehicles outside the business hours effective in the given time of Royal Umbrella. In case of return outside the business hours or in case of return of the keys and the documents to the "key box”, the Renter is responsible for the Vehicle until the time when direct possession of the Vehicle was accepted by Royal Umbrella. Direct possession of the Vehicle is deemed as having been accepted by Royal Umbrella, if Royal Umbrella received the keys of the Vehicle and had an opportunity to inspect the Vehicle (not later than within 72 hours after the time of return of the Vehicle stated in the Agreement).
3.6. If the Renter and Royal Umbrella agreed that the Vehicle will be returned in a place other than the office of Royal Umbrella, the Renter is responsible for the Vehicle and bears all possible costs related to the Vehicle until the time when Royal Umbrella accepted the Vehicle into its direct possession.
3.7. If the Renter does not return the Vehicle in the agreed place at the time of return stated in the Agreement, the Renter pays for every starting 24-hour period the rental charge for one day stated in the Agreement (additional days of rent are calculated according to Section 5.3.).
3.8. If the Renter returns the Vehicle, but does not return the keys of the Vehicle in the agreed place, the Renter pays for every starting 24-hour period the rental charge for one day stated in the Agreement (additional days of rent are calculated according to Section 5.3.), until he or she returns the keys and the documents to the agreed place.
3.9. The Renter undertakes to pay an additional charge for cleaning of the Vehicle, if after the Vehicle is returned to Royal Umbrella has to use a more thorough cleaning than the standard one. The amount of the additional charge depends on the actual cost of cleaning performed by the service provider selected by Royal Umbrella at own discretion.
3.10. If the Renter returns the Vehicle having exceeded the agreed mileage limit stated on the front page of the Agreement, the Renter undertakes to pay to the Car Hire Company the charge stated on the front page of the Agreement per every kilometer exceeding the permitted limit.
3.11. If weather conditions, darkness, place and/or time of return of the Vehicle do not allow Royal Umbrella discover loss of parts of the Vehicle, and/or damage caused to the Vehicle and/or to its parts during the period of rent, or if it is harder to make such discovery due to dirty condition of the Vehicle, location of the damage and/or initial location of the missing parts, Royal Umbrella has the right to demand from the Renter reimbursement of the damage also if such damage is discovered only after acceptance of return of the Vehicle. Royal Umbrella has the right to demand, on the basis of the present Section, reimbursement of only such damage which was discovered not later than within 72 hours after acceptance of the Vehicle, under condition that during that time the Vehicle was not already rented to another person.

4. Liability of the Renter

4.1. During the period of rent the Renter is fully liable for damage, theft and loss of the Vehicle and its parts. Parts of the Vehicle also include additional equipment provided together with the Vehicle. The Renter is not liable for damage only in the extent in which such damage is reimbursed to Royal Umbrella by the insurer (for example, reimbursements provided by motor third party liability insurance), or for which the Renter is not liable according to limitation of liability chosen by him or her and stated on the front page of the Agreement or included in the price of rent. If the Renter breaches the Agreement, no limitation of liability is applied, and in such case the Renter reimburses to Royal Umbrella all damage incurred by it. If a respective limitation of liability was not chosen or is not applicable due to another reason, the Renter reimburses to Royal Umbrella, among other, the cost of repair and/or replacement of the Vehicle or its parts, the revenue from rent lost due to repair or replacement of the Vehicle, the costs of parking and removal of the Vehicle, and the resulting administrative costs. Royal Umbrella has the right to choose at own discretion an insurer or extent of insurance protection, a repair company for the Vehicle, a seller of a replacement Vehicle or parts, or another service provider.
4.2. If the Renter has duly performed all Terms and Conditions of the Agreement, and damage, loss or theft of the Vehicle or its parts was not caused by an unauthorized user or due to negligence or intent of an authorized user (including consumption of alcoholic, narcotic, toxic, psychotropic or other intoxicating substances), liability of the Renter is limited as follows, provided that limitation of respective liability is stated on the front page of the Agreement.
4.2.1. if the super additional insurance ("SCDW”) applies, in case of damage, theft or loss of the Vehicle or its parts excess is not applied to the Renter or is reduced to the agreed degree.
4.3. The Renter is fully liable for damage caused to the Vehicle due to inability of the driver to consider the height or clearance of the Vehicle. Application of the limitations of liability described in Section 4.2.does not releases the Renter from such liability.
4.4. The limitations of liability described in Section 4.2. Do not apply to malfunctions of engine, transmission and clutch, if they were caused due to use of incorrect driving technique. The cause of damage is established by an expert examination performed by the official dealer.
4.5. For every puncture of a tire or tire burst during the period of rent the Renter undertakes to pay.
4.6. For every case of loss of additional equipment provided together with the Vehicle for the period of rent the Renter undertakes to pay. Application of the limitations of liability described in Section 4.2. Does not release the Renter from such obligation.
4.7. The Renter undertakes to pay to Royal Umbrella the penalty amounting to the rental charge for up to 30 days, for the downtime caused by temporary inoperability of the Vehicle resulting from the damage caused to the Vehicle due to an accident or other incident that happened due to the Renter’s fault. Downtime is calculated from the day of the accident or the day when the damage was caused, until the day when operational.

5. Charges and Terms of Payment

5.1. The rental charge is the price of the use of the Vehicle under the Terms and Conditions agreed upon at the time of signature of the Agreement. The rental charge includes the rent and charges for additional services (including limitations of liability) that were accepted by the Renter and stated on the front page of the Agreement. All charges are subject to taxation according to the legal instruments of the Republic of Kenya.
5.2. The rental charge is calculated on the basis of the price of rent effective at the time of booking of the Vehicle or conclusion of the Agreement, together with the prices of services included in the price of rent, and on the basis of the pricelist for additional services which is available to the Renter on the website and in the office of Royal Umbrella Limited Company. 3.1 The Renter undertakes to perform the terms of validity of the price of rent. The terms of validity of the price include the terms of the period of rent, minimum duration of rent, available discounts, etc. In case of extension of the Agreement, calculation of the rental charge is based on the price of rent valid at the time of extension, which will be applicable to the entire period of extension. Booking of the Vehicle does not guarantee that the Renter will receive a specific car model (including color). It only guarantees that the Renter will receive a Vehicle belonging to a vehicle group distinguished on the basis of specific conditions. The Renter can choose a Vehicle that is different from the booked vehicle group for an additional charge.
5.3. Days of rent are calculated as 24-hour periods starting from the starting time of the period of rent of the Vehicle. Every following day of rent starts on the next day at the clock time when the Vehicle was provided on the first day, and 20% of the price of rent for one day of rent is added for every kilometer exceeding the permitted limit. If the start of the day of rent is exceeded by more than five hours, the Renter undertakes to pay the entire price of the day of rent.
5.4. If the Renter returns the Vehicle to Royal Umbrella before the date stated in the Agreement, the price of rent is calculated according to the prices applicable to a shorter (actual) period of rent stated in the pricelist.
5.5. Based on the actual use of the Vehicle by the Renter, costs that could not have been foreseen at the start of the period of rent can be added to the rental charge. Such costs include costs related to failure to observe the terms of validity of the price of rent, costs related to failure to observe the time and/or place of return stated in the Agreement, costs related to reimbursement of damage caused to the Vehicle and/or its parts, charge for filling the tank and resulting service charge, costs resulting from return of the Vehicle outside the business hours and/or office of Royal Umbrella, costs of additional cleaning, costs of traffic and parking fines and resulting administration costs, costs arising from breach of the Terms and Conditions of the Agreement, and other costs arising from the use of the Vehicle by the Renter, unless Royal Umbrella and the Renter agreed otherwise. The Renter undertakes to pay all the above costs in full.
5.6. Final monetary obligations of the Renter are established after return of the Vehicle
5.7. Deposit is paid by the Renter as earnest money for confirmation of conclusion of the Agreement and as a security of its performance. Royal Umbrella Limited Company has the right to use the security to offset costs of rent services or other costs arising during the period of rent, or any respective damage.
5.8. Royal Umbrella has the right to demand from the Renter payment of the rental car.
5.9. By completion of the booking the Renter provides to Royal Umbrella the right to debit all obligations arising from the Agreement (rental charge, security) from the credit card, payment card of the Renter, or using another payment method accepted by Royal Umbrella.
5.10. Royal Umbrella has the right to deposit (or pre-authorize) the amount equal to the minimum cost of rent, excess, cost of a full tank and filling service charge.

6. Damage, Accidents, Theft and Vandalism

6.1. The Renter undertakes to immediately inform Royal Umbrella via telephone of any traffic accident, theft, damage to the Vehicle and/or its parts, and/or of any other incident that happened to the Vehicle, and to report such cases to the police, if Royal Umbrella demands that. In case of a technical malfunction that happened outside the operating time the Renter must call the car assistance number attached to the documents of the Vehicle and inform Royal Umbrella thereof at first opportunity.
6.2. The Renter undertakes to record the names, telephone number and addresses of participants in the incident and witnesses of the incident (i.e. collection of oral information only is insufficient), and, if possible, to take pictures of the place of the accident, and, in case of a traffic accident, to complete the traffic accident form, and to forward all information to Royal Umbrella at first opportunity. In case of deformation or heavier damage to the Vehicle, or where towing is necessary, the Renter calls the car assistance number attached to the documents of the Vehicle.
6.3. In case of an accident, theft and/or vandalism the Renter undertakes to complete and submit to Royal Umbrella a statement of accident or theft. The Renter also undertakes to submit to Royal Umbrella a signed letter of explanation that includes his or her description of the incident and a copy of the driver’s license. If the Renter fails to submit the required documents, the Renter is liable in the amount of the initial acquisition cost of the Vehicle and other damage resulting from the accident, theft and/or vandalism (in such case neither of the limitations of liability described in Section 4.2. is applicable).
6.4. In case of theft of the Vehicle the Renter must transfer to Royal Umbrella the keys, a copy of the registration certificate and other documents of the Vehicle. If the Renter does not submit all required items to Royal Umbrella, or does not comply with other requirements stated in Section 7, neither of the limits of liability described in Section 4.2. Releases the Renter from liability and the Renter undertakes to reimburse to Royal Umbrella the initial acquisition cost of the Vehicle and other damage arising from theft of the Vehicle (including lost profit referred to in Section 4.1.).
6.5. The Renter undertakes to cooperate with Royal Umbrella, its insurers and law enforcement authorities in the course of investigation and resolution of legal issues arising from a traffic accident, theft and/or act of vandalism.

7. Liability of Royal Umbrella

7.1. Royal Umbrella is not liable for any losses or damage arising from rent of the Vehicle caused to the Renter or third persons, except for direct proprietary damage if it was caused by gross negligence or intent of Royal Umbrella. Royal Umbrella is not liable for indirect damage (including lost profit), damage arising from rent of the Vehicle, non-proprietary damage or any other special damage. Among other, Royal Umbrella is not liable for possible direct or indirect damage caused to the Renter due to impossibility to use the Vehicle during the period of rent resulting from malfunction of the Vehicle, which is subject to repair according to the warranty provided by the manufacturer of the Vehicle. In the given case Royal Umbrella has the right to provide to the Renter another rental vehicle, unless the Renter immediately informs Royal Umbrella of his or her wish to cancel the Agreement.

7.2. Royal Umbrella is not responsible for property and items of the Renter, additional drivers and passengers that were left in the Vehicle during the period of rent.

8. Parking and Traffic Fines

8.1. The Renter is fully liable for all traffic and parking fines received during the period of rent, and for other violations of law and their consequences.
8.2. If the Renter receives a traffic or parking fine during the period of rent, the Renter must inform Royal Umbrella thereof when the period of rent expires. If the Renter does not pay traffic or parking fines, Royal Umbrella can disclose data of the Renter and send it to third persons for the purpose of recovery of the fines.
8.3. If, in the case stated in Section 9.1., Royal Umbrella pays the fine instead of the Renter, the Renter must reimburse all such costs to Royal Umbrella, and pay the resulting late payment penalties, pay for other obligations arising from the law, reimburse other damage.

9. Processing of Personal Data

9.1. By signature of the Agreement the Renter allows Royal Umbrella to use his or her personal data, and to store and process the data arising from the Agreement according to the needs of Royal Umbrella, which include statistical analysis, solvency checks and protection of property of Royal Umbrella. Royal Umbrella has the right to store and process personal data of the Renter for as long as it is reasonably necessary for achievement of the goals for which Royal Umbrella has the right to process the data. If the Renter breaches the Agreement, Royal Umbrella has the right to disclose such data and send it to third persons according to the need to eliminate the damage caused to Royal Umbrella by breach of the Agreement, and to preclude any further damage.
9.2. The Renter agrees that the following personal data of the Renter disclosed to Royal Umbrella; personal identification/registration code of the Renter, start date, end date and amount of payment.
9.3. Personal data of the Renter is processed according to the privacy policy published on the website of Royal Umbrella www.royaumbrella.co.ke which regulates collection, use, disclosure, procurement and storage of personal data of customers of Royal Umbrella. Privacy policy of Royal Umbrella is based on the Personal Data Protection Act of Kenya and on other legal instruments regulating protection of private life.

10. Validity of the Terms and Conditions

The present Agreement is regulated by the legislation of Republic of Kenya. All disputes arising from the present Agreement are resolved by way of negotiations between Royal Umbrella Limited and the Renter. If Royal Umbrella and the Renter fail to reach an agreement, the respective dispute is resolved in court according to legal instruments of the Republic of Kenya