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:
WHEREAS:
NOW THEREFORE, the parties agree as follows:
Unless the context otherwise requires:
“Booking” means a reservation accepted through the Kwelan Platform.
“Customer” means any person renting a vehicle through the Platform.
“Commission” means the percentage payable to Kwelan for facilitating bookings.
“Platform” means the Kwelan website, mobile application and any related systems operated by Kwelan.
“Partner” means the registered vehicle owner or a person duly authorised to list a vehicle on the Platform.
“Vehicle” means any motor vehicle listed by the Partner on the Platform.
2.1 Kwelan provides an online marketplace connecting vehicle owners and renters.
2.2 Kwelan is not a vehicle rental company and does not own, possess or control vehicles listed on the Platform.
2.3 Every rental agreement is concluded directly between the Partner and the Customer.
2.4 Kwelan’s role is limited to facilitating bookings, payment processing and customer support.
Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between Kwelan and the Partner.
3.1 The Partner warrants that:
(a) they are at least eighteen (18) years of age;
(b) they are legally competent to enter into this Agreement;
(c) they are the registered owner of the listed vehicle or have written authority from the registered owner to rent it through the Platform;
(d) all information and documents submitted to Kwelan are true, accurate and complete.
3.2 Kwelan reserves the right to verify any information supplied and may reject, suspend or terminate a Partner account where false, misleading or incomplete information is discovered.
4.1 Every vehicle listed on the Platform shall:
(a) be roadworthy and mechanically sound;
(b) be duly registered under the laws of Zambia;
(c) have valid comprehensive insurance;
(d) have a functioning GPS tracking device;
(e) be clean and maintained to a standard reasonably expected by customers.
4.2 The Partner shall promptly update Kwelan regarding any material changes affecting the condition or legality of the vehicle.
4.3 Kwelan reserves the right to inspect any listed vehicle and suspend its listing until identified deficiencies are rectified.
5.1 The Partner shall maintain comprehensive insurance for every listed vehicle throughout its participation on the Platform.
5.2 The Partner shall notify the insurer that the vehicle is being used for peer-to-peer rental purposes.
5.3 Failure to disclose such use shall be solely at the Partner’s risk.
5.4 Kwelan shall not be responsible where an insurer refuses or limits a claim due to the Partner’s failure to disclose material information.
5.5 Partners who choose to list vehicles without comprehensive insurance or a functioning GPS tracker do so entirely at their own risk, and Kwelan shall bear no responsibility for any resulting loss or damage.
6.1 Every listed vehicle shall have a functioning GPS tracking device.
6.2 The Partner shall actively monitor the vehicle during every booking.
6.3 Any suspicious movement, attempted theft, tampering or criminal activity shall be reported to Kwelan immediately and, where appropriate, to the Zambia Police Service.
6.4 Failure to comply with this clause may affect the Partner’s eligibility for assistance from Kwelan.
7.1 Upon accepting a booking, the Partner shall make the vehicle available at the agreed location and time.
7.2 The vehicle delivered to the Customer shall correspond with the photographs, specifications and description displayed on the Platform.
7.3 The Partner shall ensure that all accessories, licences, insurance documents and mandatory safety equipment are available at the commencement of the rental.
7.4 The Partner shall not substitute another vehicle without the prior approval of both Kwelan and the Customer.
8.1 The Partner may determine the rental price for each listed vehicle.
8.2 Kwelan shall collect rental payments from Customers and remit the balance to the Partner after deducting:
(a) Kwelan’s commission;
(b) applicable taxes;
(c) approved refunds;
(d) any outstanding sums lawfully owed to Kwelan.
8.3 Effective 1st February 2026, Kwelan shall retain a commission of twelve percent (12%) of the gross rental amount for each completed booking.
8.4 Kwelan reserves the right to amend its commission upon giving reasonable notice to Partners.
8.5 The Partner shall remain solely responsible for declaring and paying any taxes arising from income earned through the Platform.
9.1 The Partner shall inspect the Vehicle immediately before and within forty-eight (48) hours after the completion of each booking.
9.2 The Partner shall accurately record the condition of the Vehicle before and after each rental by completing the Kwelan Trip Checklist and taking clear dated photographs of the exterior, interior and odometer.
9.3 Any damage, missing accessories, mechanical defects or abnormal wear allegedly caused during a booking shall be reported to Kwelan within forty-eight (48) hours of the Vehicle’s return together with supporting photographs and documentation.
9.4 Failure to report any damage within the prescribed period may prejudice the Partner’s ability to pursue recovery against the Customer or through any applicable insurance.
9.5 Kwelan may assist the Partner in facilitating communication with the Customer and insurer but does not guarantee recovery of repair costs or insurance proceeds.
10.1 The Partner shall promptly notify Kwelan of any traffic offences, speeding tickets, parking violations, toll charges or legal notices relating to a booking.
10.2 Where booking records establish that the offence occurred during the Customer’s rental period, Kwelan shall reasonably assist in identifying the responsible Customer.
10.3 The Partner remains responsible for all offences, penalties, taxes, licence fees and regulatory obligations arising outside the booking period.
11.1 The Partner shall ensure that every listed Vehicle is mechanically sound before each booking.
11.2 Where a Vehicle becomes inoperable during a booking due to mechanical failure and cannot reasonably be repaired within five (5) hours or such other period agreed by Kwelan and the Customer, the Customer may receive a refund for the unused portion of the booking.
11.3 The Partner shall cooperate fully with Kwelan in resolving breakdowns and arranging alternative transport where reasonably possible.
12.1 The Partner shall:
(a) service the Vehicle in accordance with the manufacturer’s recommendations;
(b) maintain valid registration, insurance and roadworthiness documentation;
(c) promptly attend to recalls, safety notices and mechanical defects;
(d) ensure that tyres, brakes, lights and other safety equipment remain in good working order.
12.2 Kwelan may suspend any listing where a Vehicle no longer satisfies reasonable safety standards.
13.1 Once a booking has been accepted, the Partner shall honour the booking unless prevented by circumstances beyond their reasonable control.
13.2 The Partner shall provide at least twenty-four (24) hours’ notice where the Vehicle cannot be made available.
13.3 Repeated late cancellations, failure to deliver the Vehicle, or cancellations without reasonable cause may result in suspension or permanent removal from the Platform.
13.4 Kwelan reserves the right to waive sanctions where exceptional circumstances are demonstrated.
The Partner represents and warrants that:
(a) All information supplied to Kwelan is accurate;
(b) The Vehicle complies with all applicable laws;
(c) The Vehicle is free from defects that could endanger Customers;
(d) They possess all licences, approvals and permissions required under Zambian law;
(e) They shall promptly notify Kwelan of any change affecting these warranties.
15.1 Kwelan operates solely as a technology platform facilitating bookings between independent parties. To the fullest extent permitted by law, Kwelan shall not be liable for:
(a) Theft or loss of a Vehicle;
(b) Road traffic accidents;
(c) Mechanical failures;
(d) Personal injury;
(e) Loss of profits or business;
(f) Disputes between Partners and Customers;
(g) Indirect or consequential losses,
except where such loss arises directly from Kwelan’s fraud, gross negligence or wilful misconduct.
15.3 The Partner agrees to indemnify and hold harmless Kwelan, its directors, officers, employees and agents against all claims, liabilities, damages, costs and expenses arising from:
(a) Breach of this Agreement;
(b) Negligence or unlawful conduct by the Partner;
(c) Inaccurate information provided by the Partner;
(d) Ownership disputes;
(e) Failure to maintain insurance;
(f) Claims brought by third parties arising from the Partner’s use of the Platform.
16.1 The Partner shall keep confidential all non-public information obtained through the Platform, including Customer information.
16.2 Customer information shall be used solely for purposes connected with the booking.
16.3 The Partner shall comply with all applicable data protection and privacy laws in force within the Republic of Zambia.
17.1 Kwelan may immediately suspend or terminate the Partner’s account where the Partner:
(a) Breaches this Agreement;
(b) Submits false or misleading information;
(c) Engages in fraud or criminal conduct;
(d) Compromises customer safety;
(e) Damages Kwelan’s reputation;
(f) Repeatedly fails to honour bookings.
17.2 The Partner may terminate this Agreement by removing all listed Vehicles and providing written notice to Kwelan.
17.3 Termination shall not affect any accrued rights or obligations existing before termination.
18.1 Amendments
Kwelan may amend this Agreement from time to time by providing reasonable notice through email or the Platform.
18.2 Notices
Any notice under this Agreement may be delivered by email, SMS, WhatsApp or through the Platform and shall be deemed received upon successful transmission.
18.3 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations where such failure results from events beyond its reasonable control, including natural disasters, civil unrest, strikes, government action, pandemics or failures of communication networks.
18.4 Severability
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.5 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations or understandings relating to its subject matter.
18.6 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Zambia.
18.7 Dispute Resolution
The parties shall first endeavour to resolve any dispute amicably through negotiations. Where no settlement is reached within thirty (30) days, either party may refer the matter to the competent courts of Zambia.
18.8 Electronic Acceptance
Acceptance of this Agreement electronically through the Kwelan Platform shall constitute a legally binding agreement and shall have the same force and effect as a handwritten signature.
19.1 For any enquiries relating to this Agreement, bookings, payments, claims, complaints or general support, the Partner may contact Kwelan using the following details:
Kwelan Limited
Email: operations@kwelan.com
Telephone: 0977397383
Physical Address: 31Omelo Mumba Road, RoadPark,Lusaka,Zambia
Website: WWW.KWELAN.COM
19.2 Kwelan may update its contact details from time to time by publishing the revised information on its Platform or by notifying Partners through email or other electronic means.
By signing this Agreement or registering as a Partner on the Kwelan Platform, the Partner confirms that they have read, understood and agree to be bound by its terms and conditions outlined in this Agreement.
