This Partners’ Agreement (“Agreement”) establishes the terms and conditions for individuals/businesses (“Partners”) engaging in the Kwelan online Peer-to-peer car-sharing platform (“Kwelan”). By enlisting and listing vehicles on Kwelan, Partners agree to the following comprehensive terms:
1. Role and Scope of Kwelan
1.1 Kwelan operates exclusively as an online Peer-to-peer car-sharing platform facilitating transactions between car owners and renters. Partners acknowledge that Kwelan is not a car rental company and its role is limited to providing a platform for booking and payment transactions.
1.2 Partners must own or possess all requisite rights and permissions for renting out the vehicles listed on Kwelan. Kwelan assumes no liability for disputes arising from ownership or permissions.
2. Vehicle Requirements and Safety Measures
2.1 All vehicles listed on Kwelan must meet stringent safety requirements, including but not limited to having comprehensive insurance coverage and being equipped with a functioning GPS tracker.
2.2 Partners are mandated to inform their insurance providers that the listed vehicle is being used for car rental purposes on a peer-to-peer platform. Failure to inform the insurance company voids any claims processed for accidents or damages. Kwelan does not bear any responsibility for losses that occur if the partner fails to disclose this information to their insurer.
2.3 Partners who opt to list vehicles without comprehensive insurance or a GPS tracker do so at their own risk. Kwelan explicitly disclaims liability for any damages, losses, or disputes arising from such listings.
3. Monitoring and Reporting Responsibilities
3.1 Partners are required to actively monitor their vehicles using the GPS tracking system during each booking.
3.2 Any observed suspicious movements or activities must be promptly reported to Kwelan within 5 hours.
3.3 Partners are required to maintain a daily log of vehicle activities and share relevant information with Kwelan when necessary.
4. Car Availability, Reservation, and Accuracy of Information
4.1 Partners commit to making their vehicles available per the reservations made by renters. Once a reservation is accepted, Partners are obligated to ensure the availability of the listed vehicle.
4.2 The accuracy of the vehicle’s location on the Partner’s profile is paramount. The listed location must align with the actual location of the vehicle at the commencement of the rental period.
5. Rental Fees, Payments, and Fee Adjustments
5.1 Partners enjoy the flexibility of setting and adjusting rental rates for their listed vehicles.
5.2 Kwelan undertakes to remit to Partners the amount collected from renters, minus applicable fees, taxes, and any outstanding amounts owed to Kwelan.
5.3 Partnersacknowledge that Kwelan’s fees are subject to periodic adjustments, and they are responsible for any associated tax obligations.
5.4 Effective November 1, 2024, Kwelan will charge a 10% commission on the total earnings from each rental transaction for all current and new partners. This is an adjustment from the previous 5% rate.
5.5 Commission fees will be automatically deducted from rental payments before disbursement to the Partner.
5.6 Kwelan reserves the right to impose reasonable minimums for each payment and may offset owed amounts against Partner payments.
6. Refund Policy and Inoperable Vehicles
6.1 In the event a vehicle becomes inoperable during the rental period and cannot be repaired within 5 hours or a mutually agreed time-frame, the renter shall be refunded for the remaining rental period.
7. Maintenance, Compliance, and Safety Standards
7.1 Partners must conduct regular checks on their vehicles to ensure operational and safety standards are met.
7.2 Partners pledge that their vehicles will be in a safe and roadworthy condition, compliant with applicable inspection and registration requirements.
7.3 Partners commit to responding promptly to recalls or safety notices and undertake any recommended actions in a timely manner.
7.4 If Kwelan determines a Partner’s vehicle does not conform to reasonable safety standards, Kwelan reserves the right to suspend the listing until concerns are addressed.
8. Decals and Temporary Markings
8.1 Kwelan may require temporary affixing of labels or markings to Partner vehicles during participation on the platform.
9. Event Reporting and Damage Documentation
9.1 Partners must diligently document any damage caused by a renter and submit the “Trip Checklist” to Kwelan at [operations@kwelan.com](mailto:operations@kwelan.com) immediately after the vehicle’s return.
9.2 Kwelan will assist the owner in processing insurance claims for damages, subject to cooperation between the renter and owner.
10. Cancellation Policy for Partners
10.1 Late Cancellations: If a Partner cancels a booking less than 24 hours before the scheduled rental period, their account will be automatically terminated. Partners who cancel last-minute are prohibited from using the platform unless the decision is reviewed and approved by Kwelan’s management board under special exemptions.
10.2 Partners are required to provide at least 24-hour notice in the event that a vehicle will not be available for an accepted booking. This notification must include a valid reason, allowing Kwelan sufficient time to make alternative arrangements for renters. Late cancellations directly affect the platform’s business operations, which can harm customer trust and satisfaction.
10.3 Importance of Compliance: Last-minute cancellations negatively affect Kwelan’s reputation and business. Partners are reminded that canceling bookings without proper notice compromises the customer experience and puts Kwelan at risk of losing clients. It is therefore crucial for all Partners to abide by these terms.
11. Waiver of Liability
11.1 Kwelan operates a marketplace to facilitate connections between car owners and renters. Kwelan disclaims liability for any damages or losses arising from using the Kwelan marketplace.
12. Vehicle Returns, Pickups, and Liability
12.1 Partners must report promptly to Kwelan if a vehicle is not returned on the last day of the rental period. Kwelan disclaims liability for unreported non-returns.
13. Governing Law
13.1 This Agreement and any disputes will be governed by Zambian law.
14. Agreement Amendments
14.1 Right to Amend: Kwelan reserves the right to amend this Agreement at any time. Partners will be notified of significant changes via email or notices on the Kwelan.com website.
14.2 As an online platform, Kwelan relies heavily on electronic communication. Partners agree that notices about updates or changes to the Agreement will primarily be sent via email, and this will be treated as the official means of communication for all contractual matters.
15. Contact Information
For any inquiries, please contact Kwelan Customer Support at operations@kwelan.com.
By participating in Kwelan, Partners acknowledge and agree to comply with the terms and conditions outlined in this comprehensive contract.
