Terms and Conditions

1About these terms

Hanad Abdalla Car Hire, trading as Hanad Car Hire ("we", "us", "our"), is a vehicle hire business located at Business Bay Square Mall, Eastleigh, Nairobi, Kenya. You can reach us on +254 721 259209, +254 799 189834 and bookings@hanadcarhire.com, and online at hanadcarhire.com.

These terms apply to every hire of a vehicle from us, whether booked on this website, by telephone, by WhatsApp, by email or in person, and whether the vehicle is self driven or supplied with a driver. By making a booking you confirm that you have read and accepted them. If anything in the signed hire agreement conflicts with these terms, the hire agreement applies.

Consumers in Kenya have rights under the Consumer Protection Act, 2012 that cannot be excluded. Nothing in these terms limits those rights.

2Definitions

• Vehicle: the car, SUV, 4x4, van or pickup identified in the booking confirmation and the hire agreement, together with its keys, documents, tools, spare wheel and accessories.
• Hirer or you: the person or company named on the booking, and where a company, the driver it authorises.
• Named driver: any person listed on the hire agreement as permitted to drive the vehicle.
• Hire period: from the collection date and time to the agreed return date and time, including any extension we approve in writing.
• Hire agreement: the document signed at collection recording the vehicle, dates, charges, deposit, excess, fuel level, mileage and condition.
• Excess: the maximum amount you pay towards each incident of damage to or loss of the vehicle when the insurance and waiver apply.
• Quote: the price shown on this website or given by our desk for a vehicle and dates before a booking is confirmed.

3Bookings and confirmation

A booking made on this website reserves the vehicle for the dates you choose, under your name, in our fleet management system. You receive a booking reference on screen. No payment is taken online. We may contact you by phone or WhatsApp to confirm collection details before the hire begins.

A booking becomes a binding hire contract when we confirm it and you sign the hire agreement at collection. If we are unable to supply the vehicle you booked, for example because it has been damaged or has not been returned by a previous hirer, we will offer a vehicle of the same or a higher class at the same price, or a full refund of any amount paid. That is the limit of our liability for a vehicle being unavailable.

We may refuse a booking or a collection if the driver does not meet the requirements in section 5, if the documents in section 6 are not produced, if the deposit is not paid, or if we reasonably believe the vehicle may be misused or not returned.

4Prices and quotes

All prices are in Kenya Shillings (KES). The daily rate shown for each vehicle includes comprehensive insurance, the standard damage waiver and value added tax where applicable. The quote produced by this website for specific dates is calculated by the same system our desk uses and includes seasonal rates. It is the amount that appears on your hire agreement for the hire period quoted.

The following are not included in the daily rate and are charged separately where they apply: the refundable security deposit, fuel, delivery and collection outside our office, a driver for chauffeur driven hires, additional kilometres above any allowance, child seats and other extras, cross border documentation, late return charges, traffic fines, tolls and parking, cleaning beyond normal use, and any repair costs for which you are liable under these terms.

A quote is valid for the dates and vehicle shown. If you change the dates or the vehicle, a new quote applies. A hire day is a period of twenty four hours from the collection time.

5Who may drive

• Every driver must be at least 23 years of age and must have held a full, valid driving licence for at least 2 years.
• Kenyan residents must hold a valid Kenyan driving licence. Visitors may drive on a valid licence issued by their home country, in English or with a certified translation, or on an international driving permit, for the period allowed under the Traffic Act.
• Only the hirer and named drivers recorded on the hire agreement may drive the vehicle. One additional named driver is accepted free of charge. Every named driver must meet the same requirements and present their documents at collection.
• We may refuse a driver whose licence is endorsed, suspended or expired, who appears unfit to drive, or who has previously breached a hire agreement with us.

6Documents at collection

Each driver must present the original of the following at collection. Photocopies and photographs on a phone are not accepted.

• A valid driving licence, and for visitors a passport with a valid entry stamp or permit.
• A Kenyan national identity card or a passport.
• For a company hire, a letter of authority on the company's letterhead naming the driver, and the company's KRA PIN certificate for invoicing.

We take copies of these documents and keep them with the hire agreement as described in our privacy policy. Where a document cannot be produced, the hire will not proceed and the cancellation terms in section 9 apply.

7Security deposit

A refundable security deposit is payable before the vehicle is released. The amount depends on the vehicle class and is shown on your quote and on the hire agreement. It may be paid by M-Pesa, in cash, or as a pre authorisation on a credit or debit card.

The deposit is security for the excess, fuel shortfall, late return, traffic fines, tolls, cleaning and any other sum you owe under these terms. It is not a limit on what you owe.

Once the vehicle has been returned and inspected, the deposit is refunded less any deductions. M-Pesa and cash deposits are refunded on the day of return. Card pre authorisations are released by us on the day of return and typically reappear on your statement within three to ten working days depending on your bank. Where a traffic fine or toll is notified to us after the return, we may deduct it from the deposit or invoice you for it within the period set out in section 17.

8Payment

The full hire charge for the agreed hire period is payable at or before collection. We accept M-Pesa, cash and Visa or Mastercard. Our M-Pesa payment details are given on the booking confirmation and at the desk. Please quote your booking reference when paying so that the payment is matched to your hire.

Companies with an approved account may be invoiced monthly under the terms agreed in writing for that account. Overdue invoices attract interest at two percent per month on the outstanding amount.

For hires longer than thirty days, the charge is payable monthly in advance. We may end a long term hire and recover the vehicle if a payment is more than seven days late.

9Cancellation, changes and no shows

• You may cancel a booking free of charge up to 48 hours before the collection time by calling, messaging or emailing us and quoting the booking reference. Any amount already paid is refunded in full by the same method within seven days.
• Cancellations made less than 48 hours before the collection time, and failure to collect the vehicle within four hours of the collection time without notifying us (a no show), are charged one day's hire at the quoted rate.
• Date changes are free of charge, subject to availability. If the new dates fall in a different rate period, the new rate applies.
• If you return the vehicle early, the days not used are not refunded unless we have agreed otherwise in writing before the return.
• We may cancel a booking if the vehicle becomes unavailable through no fault of yours. In that case section 3 applies and any amount paid is refunded in full.

10Collection and condition of the vehicle

Vehicles are collected from and returned to our office at Business Bay Square Mall, Eastleigh, Nairobi, unless delivery has been agreed. Delivery within Nairobi County and to Jomo Kenyatta International Airport or Wilson Airport is available for the fee quoted at the time of booking. Delivery outside Nairobi is quoted individually.

At collection we inspect the vehicle together with you and record its condition, fuel level and mileage on the hire agreement, supported by photographs. You should point out any damage not already recorded before you sign, because you will be responsible for damage found at return that is not on the collection record.

The vehicle is supplied in a roadworthy condition, with a current inspection where required, insurance, a spare wheel and jack, a fire extinguisher and a first aid kit, and with a copy of its registration and insurance documents in the vehicle. Please check these items at collection and tell us at once if anything is missing.

11Use of the vehicle

You agree that the vehicle will be driven only by named drivers and will be used with proper care, in accordance with the Traffic Act (Cap. 403) and all other Kenyan law, and only for private or ordinary business travel. The vehicle must not be used:

• to carry passengers for hire or reward, including as a taxi, ride hailing vehicle, matatu or shuttle;
• to carry more passengers than the number of seat belts fitted, or loads that exceed its rated capacity or that are dangerous, unlawful or likely to damage it;
• to push or tow another vehicle or trailer, unless the vehicle is fitted with a tow bar and we have agreed in writing;
• for racing, rallying, speed testing, driving instruction or any competition;
• off a made road, or on a road closed or unsafe for the type of vehicle, except for a 4x4 hired for that purpose on tracks that are reasonably passable;
• by any person under the influence of alcohol, drugs or medication that impairs driving;
• to commit any offence, or to carry any prohibited goods, persons or animals;
• while using a handheld phone, and in any way that is reckless or negligent.

Smoking and vaping are not permitted in any vehicle. Pets may only be carried with our prior agreement and in a suitable carrier. Any vehicle returned needing more than a normal wash is charged a cleaning fee, and a vehicle returned smelling of smoke is charged a deodorising fee, in each case at the rate on the hire agreement.

You must not alter the vehicle, fit or remove any equipment, remove any tracking device, or allow any lien to be placed on it. You must keep the vehicle locked when unattended, keep the keys in your possession, and not leave the keys in the vehicle.

12Where the vehicle may go

The vehicle may be driven anywhere within the Republic of Kenya on public roads. Travel to Uganda, Tanzania, Rwanda or any other country is only permitted with our written approval given before the hire, for which we will arrange the insurance extension, the COMESA yellow card and the vehicle permit at the cost quoted. A vehicle taken outside Kenya without approval is uninsured, and you are liable for its full value and all resulting costs.

Vehicles are fitted with GPS tracking. We monitor location for the protection of the vehicle and for recovery in the event of theft or breach of these terms, as described in our privacy policy.

13Fuel and mileage

The fuel level at collection is recorded on the hire agreement. If the vehicle is returned with less fuel, the shortfall is charged at the pump price on the day plus a refuelling service fee stated on the hire agreement. Fuel is not refunded if the vehicle is returned with more than it left with. Only the correct fuel for the vehicle may be used, and the cost of draining, cleaning and repairing a misfuelled vehicle is your responsibility.

Hires shorter than three days include a daily kilometre allowance shown on your quote and the hire agreement. Additional kilometres are charged at the rate per kilometre shown on the hire agreement. Mileage is read from the odometer at collection and at return. Tampering with the odometer is a breach of these terms and of the law.

14Insurance, waiver and excess

Every vehicle is covered by a comprehensive motor insurance policy issued by a Kenyan insurer, covering damage to the vehicle, theft, and third party injury and property damage, subject to the policy's terms. The daily rate includes a damage waiver under which your liability for damage to or loss of the vehicle in any one incident is limited to the excess stated on the hire agreement, provided that you have complied with these terms.

The waiver and the insurance do not cover, and you remain fully liable for:

• damage to tyres, wheels, windscreen and glass, the underside of the vehicle, the roof, the interior, and the loss of keys, documents, tools, the spare wheel or accessories;
• damage or loss caused while the vehicle is being used in breach of section 11 or section 12, or driven by a person who is not a named driver;
• damage or loss caused deliberately, recklessly or by gross negligence, including driving into water, through flooded roads, or into a low clearance;
• damage or loss where you fail to report an incident as required by section 16, or fail to obtain a police abstract;
• loss of or damage to your own property, or that of your passengers, left in the vehicle;
• loss of use of the vehicle while it is being repaired, charged at the daily rate for up to fourteen days, and the depreciation in value of the vehicle after a major repair.

Where a claim is made under the insurance, you pay the excess for each incident, and we handle the claim with the insurer. Where the cost of repair is less than the excess, you pay the cost of repair.

15Your liability for damage and loss

You are responsible for the vehicle from the moment it is released to you until it is returned to us and inspected. Subject to the waiver described in section 14, you must pay for all loss of and damage to the vehicle during the hire period, however caused, including where the person at fault cannot be identified.

Repairs are carried out at a workshop chosen by us. The amount payable is the actual cost of parts and labour, plus an administration fee stated on the hire agreement, plus loss of use as described in section 14. We will provide the repair invoice on request. Where a vehicle is stolen and not recovered, or is written off, you pay the excess, or where the waiver does not apply, the vehicle's market value at the date of loss.

Where the hirer is a company, the company and the driver are jointly and severally liable under these terms.

16Breakdowns and accidents

If the vehicle breaks down, warns of a fault, or is involved in an accident, you must:

• stop as soon as it is safe to do so, and not continue driving if that may cause further damage;
• call us immediately on +254 721 259209 or +254 799 189834, or the number in the vehicle, and follow our instructions;
• in an accident, report it to the nearest police station within twenty four hours and obtain a police abstract, take photographs of the scene and the damage, and record the names, phone numbers, vehicle registrations and insurance details of the other parties and any witnesses;
• not admit liability or offer any payment to any other party;
• complete an accident report form provided by us within forty eight hours;
• not arrange, authorise or pay for any repair or towing without our approval, other than a genuine emergency measure to make the vehicle safe.

Mechanical failure that is not caused by misuse is our responsibility. We will arrange repair or recovery, and where the repair will take more than four hours we will provide a replacement vehicle where one is available, or refund the unused days if none is. Roadside assistance is available at any hour on the numbers above. The cost of recovery is yours where the breakdown results from misuse, running out of fuel, misfuelling, a flat battery caused by leaving lights or accessories on, tyre damage, or driving off a made road.

17Traffic offences, fines and tolls

You are responsible for every traffic offence, parking charge, expressway or other toll, clamping or towing fee and county charge arising during the hire period, and for any fine, penalty or court cost that results. Where a notice is sent to us as the registered owner after the return of the vehicle, we may identify you to the National Transport and Safety Authority, the police, a county government or a toll operator as the driver at the time, deduct the amount from your deposit, or invoice you, in each case with an administration fee of KES 1,000 per notice. We may do this up to twelve months after the return date.

18Return, late return and extensions

The vehicle must be returned to the agreed place on the agreed date and time, in the same condition as at collection allowing for fair wear, with all keys, documents and accessories. We inspect the vehicle with you where you are present. Where you return the vehicle outside our attendance or leave it unattended, you remain responsible for it until we inspect it, and our inspection record is final.

A grace period of one hour applies after the agreed return time. After that, each hour or part of an hour started is charged at one fifth of the daily rate, and once four hours have passed a full extra day is charged. If the vehicle is more than twenty four hours late without our agreement, we may treat it as stolen, report it to the police, use the tracking device to locate and recover it, and charge you the daily rate until it is recovered plus the cost of recovery.

If you want to keep the vehicle for longer, contact us before the return time. Extensions are subject to availability and to payment of the additional charge before the original return time. An extension agreed by phone or WhatsApp is binding once we confirm it in writing.

19Chauffeur driven hire and transfers

For chauffeur driven hires and airport transfers, the vehicle is driven only by a driver employed by us. Sections 5, 6, 7, 11 (in so far as they concern the driver), 12, 14 and 15 do not apply, and you are responsible only for damage caused by you or your passengers to the interior, for cleaning, and for any fines or tolls caused by your instructions.

• Chauffeur driven rates are quoted for a stated number of hours or days and a stated area. Time beyond the quoted hours is charged per hour. Fuel is included within Nairobi County and charged at cost outside it. For overnight trips, the driver's allowance and accommodation are included in the quote.
• Airport transfer prices are fixed for the vehicle and destination quoted and do not change with traffic. We track your flight and adjust the collection time to the actual arrival. Sixty minutes of waiting after the flight lands is included; further waiting is charged per hour. For departures, we recommend a collection time and you accept responsibility if you ask for a later one.
• The driver may refuse to continue where a passenger's conduct is unsafe or unlawful, or where a route is unsafe, without refund.

20Our right to end a hire

We may end a hire immediately and recover the vehicle, using the tracking device where necessary and without refund of the unused period, if you breach section 11 or section 12, if a payment due is not made, if the vehicle is used in the commission of an offence, if you have given us false information, or if we reasonably believe the vehicle is at risk. You must pay the reasonable cost of recovery.

21Our liability

We are liable to you for death or personal injury caused by our negligence, and for any liability that cannot be excluded under Kenyan law. Subject to that, we are not liable for any indirect loss, loss of profit, loss of business or missed travel, or for any loss caused by matters outside our reasonable control, including road closures, weather, civil unrest, strikes, accident or breakdown not caused by our negligence, and failures of third party services such as mobile networks or payment systems. Our total liability to you in connection with a hire is limited to the charges paid for that hire.

We are not responsible for property left in a vehicle. Items found are kept at our office for thirty days and can be collected on proof of ownership.

22Complaints

If something goes wrong, tell us as soon as possible, ideally before the hire ends, on +254 721 259209 or by email to bookings@hanadcarhire.com quoting your booking reference. We acknowledge written complaints within two working days and aim to resolve them within fourteen days. If you are not satisfied, you may refer the matter to the Competition Authority of Kenya under the Consumer Protection Act or to the courts as set out in section 23.

23Governing law and disputes

These terms and every hire agreement are governed by the laws of the Republic of Kenya. Any dispute that cannot be resolved between us within thirty days may be referred by either party to the courts of Kenya, or, where both parties agree in writing, to a single arbitrator appointed under the Arbitration Act, 1995 with the seat of arbitration in Nairobi.

24General

• We may update these terms from time to time. The version published on hanadcarhire.com on the date you make a booking applies to that booking. The effective date is shown at the top of this page.
• Notices to you may be sent to the phone number, WhatsApp number or email address given on your booking. Notices to us should be sent to the contact details in section 1.
• If any part of these terms is found to be unenforceable, the rest continues to apply.
• These terms are written in English. If they are translated, the English version prevails.
• These terms, the booking confirmation and the signed hire agreement are the whole agreement between us for the hire.

Our privacy policy explains how we handle the personal information you give us when you book.