Kwelan Terms of Service
The terms are legally binding on you, so it’s important that you read and understand them.
Below are the general terms that apply to all users of the Kwelan (Pty) Ltd (Kwelan) marketplace (“Platform”), as well as those terms that apply specifically to owners and to renters.
As stated on the Kwelan website, when you register to make use of the site, this constitutes acceptance of the Agreement (“Registering”, “Signing up”). If you have any questions for us concerning the Agreement or Kwelan generally, please contact us at firstname.lastname@example.org
Thank you for registering with Kwelan!
The Kwelan Team
Terms of Service
The following terms apply to each person who registers on the Kwelan platform (“marketplace”) and may be updated without prior notice.
- Registration and Verification: When you sign-up for the services offered by Kwelan, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). You undertake to provide complete and accurate information to Kwelan. Kwelan may use third party services to verify the information you provide to us and to obtain additional related information where applicable and you hereby authorize Kwelan to request, receive, use and store such information for a reasonable period of time as set out. Kwelan may accept or reject your registration application at its discretion for any reason. Before a car goes out on rental, it is the responsibility of the owner to make sure a renter’s driver’s license has been verified by Kwelan. Driver’s licenses must also be verified once the renter picks up the vehicle from the car owner to make sure the renter’s driver’s license is still valid and the person is who they say they are. If a Driver’s License is not verified by an Owner Kwelan cannot accept responsibility for renters driving without a valid driver’s license.
- Your Commitments: You undertake that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by Kwelan. You further undertake that you have the legal right to enter into this Agreement and to use the marketplace. You confirm that your activities with Kwelan will not violate anyone else’s rights. You also agree to comply with all applicable laws and regulations of Zambia.
- Termination: You may discontinue your use of the Kwelan marketplace at any time and Kwelan may terminate your access to the Kwelan marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and Kwelan may retain and continue to use, for its own internal purposes, any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement, and all of those terms will survive any termination of this Agreement. No cancellation fees will be charged to any Kwelan marketplace users for terminating their account.
- Disclaimer of Warranty and Limitation of Liability: This Agreement describes all of Kwelan obligations in the event of any loss or damage resulting from your participation in the marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format: Kwelan provides a marketplace that enables car rental between car owners and car renters. Kwelan does not provide car rental services and is not responsible for any of the acts or omissions of any of the users of its marketplace. The car manufacturer or any third party provider of services (eg: in-car GPS or other systems). Except as expressly provided in this agreement, Kwelan hereby disclaims any warranty of any kind with respect to the cars and other products and services provided by or through Kwelan, whether such warranties are express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose and non-infringement. Kwelan makes no warranty that the service will be uninterrupted or secure or that any defects or errors will be corrected. Use of the service and any cars rented through the marketplace is at your own risk. No advice or information, whether oral or written, obtained by you from Kwelan will create any express warranty. In no event will Kwelan be liable to you for indirect, consequential, exemplary, special or incidental damages, even if advised of the possibility of such damages
- General: This Agreement states the entire understanding between you and Kwelan concerning your participation in the marketplace supersedes any verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without the advance written consent of Kwelan. You will remain responsible for your obligation. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will remain in full force and effect. Kwelan must agree to any modification or waiver of any term of this Agreement in writing. Kwelan failure to exercise any right under this Agreement will not constitute a waiver of any other right Kwelan may have. This Agreement and any related claims or disputes are governed by and construed in accordance with the laws of South Africa.
Terms for Renters
The following Sections 12-22 apply if you rent a car using the Kwelan marketplace:
- Fees and Losses: You authorize Kwelan to charge any cards recorded on your account for all amounts due, including but not limited to, security deposits, admin fees, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for the payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fees, admin fees) incurred during the rental. Failing this and non-payment of a booking extension, failure to pay for damages, cross border crossings, you authorize Kwelan, its car owners, and 3rd party legal teams to charge 20% per month on any monies due and to take judgment against you with costs and without prior notice.
In addition, Kwelan protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the Kwelan user policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Kwelan marketplace. You agree that in the event damage is reported, Kwelan may immediately charge you up to the amount for the cost of repair, where no 3rd party was at fault, During the applicable rental period (i.e., “the scheduled start time of renter’s reservation”, “booking” through to their return of the car to the owner), the renter is liable for the excess payment regardless of whether the accident/loss was caused by a 3rd party. Nothing in this Agreement is intended to limit your responsibilities or Kwelan legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace). The renter gives authority to Kwelan to charge for any additional damage or costs as set out in this agreement that exceeds the deposit amount paid by the renter to their card/payment method used for their car rental payment on Kwelan partner’s website to process the payment.
You acknowledge that Kwelan requires and hold a deposit as part of the car rental and that Kwelan will return this deposit 7 business days after the end of the rental period if no new rentals have been activated by the renter during this period and if there were no additional costs the renter was liable for as stipulated in this agreement e.g. insurance excess, uninsured damages to vehicle, extra kilometers, cleaning fees, missing fuel, delivery charges, etc. see the trip checklist
When a renter wishes to extend their current rental period and there are any outstanding amounts against the renter’s account, Kwelan will require the renter to top up their deposit amount so that the renter has paid for a full deposit at the start of their extended rental period.
- Use of the Car: When you rent a car through Kwelan, you may use the car only for your personal use and NOT for any commercial purposes (e.g. running a taxi service). No Cross Border travel, or 4×4 trailing as sport.You may not access a car until the beginning of your paid rental period and you must return the car on time and to the correct location. You must exercise reasonable care in your use of the car. In the event Kwelan has any concern about your use of a vehicle, Kwelan may terminate your reservation at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the car and to require that all of your passengers wear seat belts as well. You are also required to meet any laws or regulations concerning car seats, speed limits and other protections for young passengers and as determined by the road traffic act of Zambia.
- The Kwelan user policies provide a list of Prohibited Uses of any car rented through the Kwelan marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Kwelan customer service. You will be fully responsible for any claims, loss, or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may nullify insurance coverage and may furthermore nullify any comprehensive insurance or collision protection.
- Condition of the Car: You understand that, unless otherwise specifically noted, the cars offered through the Kwelan marketplace are owned by third parties and are not owned or maintained by Kwelan. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car during the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify Kwelan immediately to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. The renter and the owner must download the ‘Trip Checklist’ from Kwelan website and jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. The ‘Trip Checklist’ must again be completed by the owner and the renter at the end of the rental period to assess if any new damage has occurred during the rental period. If any new damage is recorded, the ‘Trip Checklist’ must be signed by both owner and renter and be sent to us after the end of the rental period. If you find damage on your initial inspection and fail to report it on the ‘Trip Checklist, Kwelan may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the Kwelan team immediately.
- Incident Reporting: You must immediately report any damage to the car you are using to Kwelan and if there has been a collision, to the police as well. Should the vehicle not be driveable after a collision you must contact the 24 Hour Roadside Assist Service RATSA an authorised tow of the vehicle to a place of safety. When a report is made to the police, the case number of the police report must also be forwarded to US within 24 hours of the accident. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide KWELAN with a written description of the incident and any other information Kwlan may request identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Kwelan, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of kwelan or the car owner.
The Platform User
- The platform user, its shareholders, directors, employees, agents, representatives and assigns hereby irrevocably agree as follows:
- That should a kwelan customer signify his/her/its intention to rent a vehicle owned by the platform user, the platform user will not, under any circumstances, utilise the contact thereby established through the platform to persuade or negotiate with the kwelan customer, to deal directly with it, whether by use of the platform or otherwise and to the exclusion of kwelan.
- Similarly, should the kwelan customer propose that the platform user deal directly with it, the platform user shall be obliged to inform the kwelan user that it is contractually bound not to contract independently with the kwelan customer based on the provisions of this non-compete agreement.
- Should kwelan suspect or become aware of the fact that the platform user is or may be contravening the provisions of this agreement and the covenant by the platform user that it will not unlawfully compete with kwelan by poaching or otherwise seeking to solicit business based on the platform from kwelan, the platform user shall be obliged to provide its fullest cooperation to Rent kwelan in establishing any breach of the provisions hereof.
- If the renter fails to return the vehicle at the agreed-upon time and date, the renter will be responsible for any loss of business incurred by the platform. The renter acknowledges that late returns may cause inconvenience to other renters and may result in the platform being unable to fulfill future rental requests. In the event that the platform suffers any loss of business due to a late return, the renter agrees to pay the platform an amount equal to the lost rental revenue. The platform reserves the right to take legal action to recover any such losses.
- Should it be established to Kwelan reasonable satisfaction that the platform user has breached any of its obligations under this agreement, kwelan shall become entitled, as pre-liquidated damages, to a payment of the sum ranging from Twenty Thousand Kwacha to Hundred And Fifty Thousand Kwacha (k20,000.00- K150,000.00) in respect of each instance in which the platform user is found to have breached the terms hereof in respect of any kwelan customer.