Kwelan Partners’ Agreement

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 expressly 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 are explicitly required to 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 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 obligated 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 a stipulated time-frame of 5 hours.

3.3 Partners are additionally required to maintain a daily log of their vehicle activities and promptly share relevant information with Kwelan to enhance overall safety on the platform.

4. Car Availability, Reservation, and Accuracy of Information

4.1 Partners commit to making their vehicles available as 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 Partners acknowledge and accept that Kwelan’s fees are subject to periodic adjustments, and they are fully responsible for any associated tax obligations.

5.4 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 1 day or a mutually agreed reasonable time-frame, the renter shall be refunded for the remaining rental period.

7. Maintenance, Compliance, and Safety Standards

7.1 Partners are obligated to conduct regular checks on their vehicles to identify and rectify any defects affecting operational or safety aspects.

7.2 Partners pledge that, at all times, their vehicles will be in a safe and roadworthy condition, compliant with all applicable inspection and registration requirements.

7.3 Partners commit to promptly responding to recalls or safety notices and undertaking any recommended actions in a timely manner.

7.4 Should Kwelan determine that a Partner’s vehicle does not conform to reasonable safety and quality standards, Kwelan reserves the right to suspend the listing until the concerns are adequately addressed.

8. Decals and Temporary Markings

8.1 Kwelan may, at its discretion and expense, require the temporary affixing of labels or markings to Partner vehicles during their participation in the Kwelan marketplace.

8.2 Clear instructions for the removal of such labels or decals will be provided by Kwelan in the event of termination of a Partner’s participation in the marketplace.

9. Event Reporting and Damage Documentation

9.1 Partners must diligently document any damage caused by a renter, with both parties mutually recording this information on the “Trip Checklist.”

9.2 Any new damage incurred during the rental period must be promptly recorded on the “Trip Checklist” and signed by both renter and owner to qualify for coverage.

9.3 The “Trip Checklist” must be submitted, whether signed or unsigned, to [operations@kwelan.com](operations@kwelan.com) immediately after the return of the vehicle.

9.4 Partners must inspect their vehicles at the conclusion of each rental activity, reporting any damage believed to be caused by a renter.

9.5 Based on its investigation, Kwelan will reasonably determine whether the damage occurred during the renter’s use of the vehicle.

9.6 In cases where damage is confirmed to have occurred during the rental period, Kwelan will assist the owner in processing an insurance claim for the damages, subject to the full cooperation of both renter and owner with the relevant parties.

10. Waiver of Liability

10.1 Kwelan provides a marketplace to facilitate the connection between car owners and renters in an efficient manner.

10.2 Except as expressly provided in this Agreement, Partners expressly waive any and all rights to sue or make claims against Kwelan, its directors, officers, agents, or employees (the “Kwelan Parties”), and the car renters for any damages or losses arising from the use of the Kwelan marketplace.

10.3 This waiver covers various scenarios, including but not limited to the unavailability of a vehicle when expected and any actions or inactions of the car renter, within the bounds of applicable laws.

11. Vehicle Returns, Pickups, and Liability

11.1 It is the sole responsibility of the owner to report promptly to Kwelan if a vehicle is not returned on the last day of the rental period.

11.2 Kwelan assumes no responsibility for rental charges if a vehicle is not reported as returned within the agreed-upon timeframe.

11.3 Kwelan disclaims liability for any rental charges or assumes any responsibility if a vehicle is damaged after the last day of the renter’s rental period and the owner did not report the non-return.

11.4 Kwelan bears no responsibility for rental charges or liability if an owner releases a vehicle to a renter who has not paid for the rental. Owners are required to confirm the renter’s payment status through the kwelan system.

11.6 Kwelan holds no liability for vehicles handed over to individuals who are not the designated renters.

12. Governing Law

12.1 This Agreement and any disputes or legal matters related to it will be governed by the laws of Zambia.

13. Agreement Amendments

13.1 Kwelan reserves the right to amend this Agreement as necessary. Partners will be notified of significant changes through email or notices on the Kwelan.com website.

14. Contact Information

14.1 For any questions or inquiries regarding this Agreement, Partners may contact Kwelan customer support at [operations@kwelan.com](mailto:operations@kwelan.com).

By participating in Kwelan, Partners acknowledge and agree to comply with the terms and conditions outlined in this comprehensive