GENERAL TERMS AND CONDITIONS OF THE VEHICLE RENTAL AGREEMENT

1. Recitals

1) Within the meaning of these Terms and Conditions, the following words and expressions shall have the following meanings:

  1. “Owner” – ESKEL CAR RENTALS AND TOURS having its registered office at Kaajaano La South U-Turn, opposite Advent Press:

email: info@eskelcarrentalsandtours.com Phone  +233303965693:

  • “Renter” – any natural or legal person renting a vehicle or having a vehicle rented for himself/itself, indicated on the front page of the agreement next to “statement provided to”, unless the rental is arranged via a commercial agent who received from the User the relevant amount of money for and on behalf of ESKEL CAR RENTALS AND TOURS for the rent for the agreed term of rental, in which case the Operator shall be treated as the renter.
  • “Operator” – a person signing the rental agreement and collecting the vehicle from ESKEL CAR RENTALS AND TOURS, authorized and indicated on the front page of the Rental Agreement next to “User”;
  • “Additional Operator” – a person authorized and indicated on the front page of the Rental Agreement next to “additional operator”;
  • “Consumer” shall mean any natural person using the rental who enters into the rental agreement or acts on the market beyond the scope of its commercial, business, trade or professional activity;
  • The Renter, Operator and Additional Operator shall be responsible for the performance of and compliance with all provisions of the rental agreement and shall hereinafter be jointly referred to as the “User” unless the Agreement or context requires otherwise.
  • “Unauthorized User/Operator” – any person not indicated in the Rental Agreement as an authorized user of the vehicle (except for a person indicated as the user of the vehicle by a legal person in accordance with Section 9, paragraph 2 of these Terms and Conditions) or any other person not eligible for operating the relevant class and category of vehicle or a person whose authority/driving license has been revoked;
  • “Third Party” shall mean any natural or legal person other than ORYX and the User of the vehicle being rented (e.g. passengers in the vehicle, persons outside the vehicle, other participants in traffic, pedestrians, etc.);
  1. “Rental Start” shall mean the date and time of collecting the vehicle for rental, that is, the time the User is required to collect the vehicle for rental;
  2. “Rental End” shall mean the date and time of returning the vehicle to ESKEL CAR RENTALS AND TOURS, that is, the time the User is required to return the vehicle to ESKEL CAR RENTALS AND TOURS;
  • “Collecting and Returning Point” shall mean the ESKEL CAR RENTALS AND TOURS site/office where the User collects the vehicle at the beginning of the rental and returns the vehicle at the end of the rental, that is, the location where the user is required to collect and return the vehicle;
  • “Vehicle” shall mean the vehicle specified on the front page of the Rental Agreement;
  • “Rental Agreement” shall mean the individual agrees to be executed at the acceptance of a vehicle for rental.
  • These Terms and Conditions contain all pre-contractual information that is required to be provided to the Consumer and any other User prior to entering into the Rental Agreement.
  • By reserving the Vehicle with ESKEL CAR RENTALS AND TOURS and entering into the Rental Agreement, the User acknowledges these Terms and Conditions and agrees to their applicability.
  • These Terms and Conditions that supplement the provisions of the Rental Agreement shall apply to the individual Rental Agreement to be signed by the User when collecting the Vehicle in ESKEL CAR RENTALS AND TOURS office. In case of any discrepancy between the provisions of a Rental Agreement and these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.

2. Subject Matter of Agreement

  1. Pursuant to the Agreement, ESKEL CAR RENTALS AND TOURS shall provide the Vehicle to the Renter to be used by him and the Renter shall pay rent for this subject to the terms and conditions of the Rental Agreement and these Terms and Conditions. The type and brand of the Vehicle to be rented shall be specified in the Rental Agreement.

3. Terms of Rental

1) Entering into the agreement for the rental and use of the Vehicle shall be subject to the following conditions:

  1. the User must be at least 18 years old, or 24 years old for Self Drive Vehicles;
  • the User must have held a valid driving license allowing him to operate the relevant vehicle category for at least 1 year (365 days of its issuance)
  • the User must have a valid credit card accepted by ESKEL CAR RENTALS AND TOURS, whereby he shall guarantee for any liabilities arisen from or in connection with the rental of the Vehicle, subject to these Terms and Conditions and the Rental Agreement.
  • As a condition precedent to collecting the Vehicle, the User shall at the time of collecting the Vehicle present to ESKEL CAR RENTALS AND TOURS such original documents (Identity Card, driving license) that shall demonstrate that he meets the above requirements for operating the Vehicle for Self Drive purposes. ESKEL CAR RENTALS AND TOURS shall retain copies of such documents for its internal purposes.
  • The Operator collecting the Vehicle and executing the Rental Agreement for a Renter being a legal person shall warrant that he is authorized to do so and shall warrant and be liable to ESKEL CAR RENTALS AND TOURS jointly and severally with that legal person for the compliance with and performance of all obligations hereunder.

4. Reservations and Remote Execution of the Agreement

  1. If the User wishes to reserve a Vehicle for rental, he may contact ORYX using different channels info@eskelcarrentalsandtours.com, telephone, web, via an intermediary, etc.). The “Reservation” of a Vehicle rental shall represent an ESKEL CAR RENTALS AND TOURS record whereby the User providing his name and other information he shall be required to provide at such time expresses a wish and intention to rent a certain class of Vehicle from ESKEL CAR RENTALS AND TOURS as of a particular hour and date and at a particular location (time, date and place of collecting the Vehicle) and to return the Vehicle to ESKEL CAR RENTALS AND TOURS at a particular time, date and place (time, date and place of returning the Vehicle). The time of collecting and returning the Vehicle specified in the reservation shall always be stated according to the local time, that is, ESKEL CAR RENTALS AND TOURS time.
  • ESKEL CAR RENTALS AND TOURS shall normally only accept reservations for a particular class/type of vehicle rather than for Vehicles of particular brands, models, manufacture years or models with particular characteristics that are not common to all vehicles in the class, so ESKEL CAR RENTALS AND TOURS shall not be required to provide a vehicle of the brand reserved by the User.
  • When making his reservation using any of the options described in paragraph 1 of this Section of the Terms and Conditions, the User shall be provided with the available information about the basic price of the rental per day inclusive of VAT as well as information about the additional services and their respective prices and the insurances under Section 15 of these Terms and Conditions, while any additional fees and costs shall be accounted for in accordance with these Terms and Conditions, the Rental Agreement and the applicable ESKEL CAR RENTALS AND TOURS rates.
  • ESKEL CAR RENTALS AND TOURS shall administer such received reservation and may accept or reject it subject to its terms applicable to such rental, availability of the Vehicle, etc. and shall notify the User thereof using an available or established channel of communication.
  • At confirmation of a reservation, the indication of the reservation number shall mean that the Rental Agreement has been entered into for the period and the vehicle class/type indicated in such a confirmed reservation. For a reservation made and confirmed using the web, the User shall receive at his e-mail address provided by him a reservation confirmation which shall be treated as confirmation of executed agreement to the consumer within the meaning of the Consumer Protection Act, whereas a Consumer who made his reservation using any other option of remote communication (e-mail, phone) shall receive his agreement and confirmation of executed agreement at the time he begins to use the rental. Each Consumer who made his reservation using a means of remote communication shall sign the individual Rental Agreement at a collection of the Vehicle.
  • The Agreement shall be deemed entered into for the period specified in the confirmed reservation or the Rental Agreement.
  • Each party shall be responsible for its costs of using such means of remote communication within the meaning of this Section.

5. Canceling the Reservation and Terminating the Agreement

  1. If the Consumer or the User wishes to cancel or change his reservation (different class of Vehicle, Rental Start, Rental End, rental location, etc.), he shall notify ESKEL CAR RENTALS AND TOURS thereof in a timely manner as soon as possible, but no later than 24 hours prior to the Rental Start.
  • To be entitled to cancel or change his reservation referred to in the preceding paragraph, the Consumer or the User shall send his statement of cancellation or change of reservation to ESKEL CAR RENTALS AND TOURS to its e-mail address: info@eskelcarrentalsandtours.com or by phone +233303965693, or shall make such a statement using a telephone or any other available channel of communication, which statement shall include his full name, address, telephone/fax number or e-mail address, and the reservation number.
  • If the Consumer or the User changes his reservation prior to the Rental Start in relation to the class of the Vehicle or the Rental Start, the Rental End or the rental location, which must be confirmed by ESKEL CAR RENTALS AND TOURS, ESKEL CAR RENTALS AND TOURS reserves the right to change the price of the rental according to the applicable prices.
  • In case the Consumer or the User fails to collect the Vehicle on the date and at the time of the Rental Start without providing a prior notice thereof to ESKEL CAR RENTALS AND TOURS in accordance with paragraphs 1 and 2 of this Section or if he fails to notify to ESKEL CAR RENTALS AND TOURS the reasons for such delay in writing or by telephone, the reservation shall be deemed canceled 3 hours following the intended Rental Start. In such a case, ESKEL CAR RENTALS AND TOURS reserves the right to charge the basic price for the relevant Vehicle class in accordance with the agreed term of the rental.
  • Neither the User nor the Consumer shall be entitled to terminate the Agreement if the rental has already started and the Rental Agreement has been fully performed, that is after the rental service has been provided and the Vehicle has been returned;
  • In case the Consumer or the User returns the Vehicle prior to the agreed Rental End contrary to the preceding paragraph, ESKEL CAR RENTALS AND TOURS shall be entitled to charge the Consumer or the User for the rental up to the agreed Rental End and, if the vehicle is used after the Rental End, ESKEL CAR RENTALS AND TOURS shall be entitled to charge the User or the Consumer the Renter up to such time the Vehicle is returned to ESKEL CAR RENTALS AND TOURS as well as the relevant additional fees payable for returning the Vehicle late.

6. Basic Price of the Rental, Additional Services, Fees and Costs

  1. The basic price of Vehicle rental shall normally only pertain to the price of renting the Vehicle unless otherwise defined in the price list or the Rental Agreement.
  • Any additional services, fees and costs payable additionally according to these Terms and Conditions, the Rental Agreement and ESKEL CAR RENTALS AND TOURS rates are not included in the price of the rental.
  • The amounts payable for rentals, additional services, fees, and costs shall be subject to change according to ESKEL CAR RENTALS AND TOURS business decisions or any changes to tax rates, government levies or regulations. The User may contact ESKEL CAR RENTALS AND TOURS to obtain information about vehicle rental prices using different channels, including telephone lines, websites, travel agents and intermediaries, provided that such information shall be indicative and shall not create any rights or obligations.
  • 4)The User shall pay ESKEL CAR RENTALS AND TOURS the basic price of rental and for any additional services used by him (e.g. GPS, child safety seat, etc.), as well as any additional fees, services and costs not stated in the Rental Agreement, these Terms and Conditions, the relevant regulations, and ESKEL CAR RENTALS AND TOURS pricelists and rates.
  • The fees and costs payable separately prior to or on the expiration of the rental according to ESKEL CAR RENTALS AND TOURS applicable pricelists and rates shall include but not be limited to:
  1. the fee for the Additional Operator;
    1. the fee for Operators younger than 24 years old;
    1. the fee for one-way rentals, that is, such rentals where the User collects the Vehicle for rental at one ESKEL CAR RENTALS AND TOURS office and returns it at another (not applicable to offices in the same city) or at such location where ESKEL CAR RENTALS AND TOURS does not have an office;
    1. additional fees for exceeding the relevant number of kilometers (as indicated in the Rental Agreement for each additional kilometer driven);
    1. fuel and fueling fee if the Vehicle is not returned with the amount of fuel it contained at the time it was collected for rental;
    1. the late Vehicle return fee,
    1. the fee for collecting or returning the Vehicle after the relevant office’s hours of operation;
    1. the fees for damage to or repair of the Vehicle (depending on other provisions of the Terms and Conditions and the Rental Agreement), as well as any other costs pertaining to resolving, collecting compensation for or repairing such damage (including the relevant legal expenses);
    1. the fees for damaged or lost parts, keys or equipment of the Vehicle;
    1. the fee for lost or damaged Vehicle documents;
    1. the fee for cleaning the interior of the Vehicle if the Vehicle is returned in a particularly dirty condition, which requires additional cleaning or freshening of the Vehicle. This includes but is not limited to spilled fluids, food, vomit, and any other stains or unpleasant odors including cigarette smoke, etc.;
  • any traffic and/or parking charges/fines, as well as any other similar fees, have arisen in connection with the use or operation of the Vehicle (e.g. road tolls, bridge tolls, etc.); and
    • the administration fees specified in these Terms and Conditions, the Rental Agreement or ESKEL CAR RENTALS AND TOURS pricelists and rates.

7. Payment terms

  1. ESKEL CAR RENTALS AND TOURS accepts credit cards of internationally recognized credit card companies such as American Express, Diners Club, MasterCard, and Visa.
  2. Prior to collecting the Vehicle for rental, the User shall provide his credit card so that ESKEL CAR RENTALS AND TOURS ORYX could have the amount determined at its sole discretion, depending on the Vehicle’s class, the term of the rental, etc., preauthorized.
  3. By reserving a rental and signing the Rental Agreement, the User authorizes ESKEL CAR RENTALS AND TOURS to charge his account for all amounts payable according to these Terms and Conditions, the Rental Agreement and ORYX’s pricelists and rates. The User’s account shall mean the account relevant to the credit or debit card used to preauthorize the relevant amount or any other account as agreed.
  4. ESKEL CAR RENTALS AND TOURS may charge the User’s account for the relevant amounts payable during or after the term of the rental if it finds the User to have a liability, or the User may pay such costs as agreed with ESKEL CAR RENTALS AND TOURS, in any event at ESKEL CAR RENTALS AND TOURS sole discretion.
  • If the User fails to pay any amount payable under these Terms and Conditions of the Rental Agreement within the time limit indicated in the Rental Agreement, the invoice or a notice or any other document, ESKEL CAR RENTALS AND TOURS may, without compromising any other rights it has, charge the User all additional costs as stated below:
  1. the statutory default interest accruing at the rate defined by the relevant Ghanaian regulations;
  • any costs incurred by ESKEL CAR RENTALS AND TOURS in connection with any action taken for the purpose of collecting any amount payable to it, whether ESKEL CAR RENTALS AND TOURS take such action itself or through a debt collection agency or any other external agency or law firm.

8. Collecting and Returning the Vehicle

  1. The ESKEL CAR RENTALS AND TOURS shall deliver the Vehicle to the User eligible to rent it in a good and roadworthy condition, including all required documents, parts, accessories and mandatory equipment. The Users shall make any comments regarding the condition of the Vehicle immediately, prior to driving the vehicle away from the location of its collection.
  • By signing the Rental Agreement, the User confirms he collected the Vehicle in a functional condition suitable for the agreed use, complete with all relevant equipment and all supporting documents.
  • The User shall return the Vehicle complete with all documents, spare parts, and equipment, in the same condition it was in at the time of collecting it, in the place, on the day and at the time indicated in the Rental Agreement and containing the same amount of fuel it contained at the time he collected it for rental.
  • If so requested by the User, the Vehicle may be collected or returned after the relevant office’s hours of operation, for which ESKEL CAR RENTALS AND TOURS is entitled to charge a fee according to its applicable pricelist. If the vehicle is returned after the ordinary hours of operation, the User shall act in accordance with the instructions for returning the Vehicle after hours, in which case he shall remain fully responsible for the Vehicle until such time the Vehicle is collected by ESKEL CAR RENTALS AND TOURS.
  • If the vehicle is delivered or returned within the same city where the delivering or collecting office is located, such delivery of the Vehicle to the User and collection of the Vehicle from the User outside ORYX’s office shall be paid for according to ESKEL CAR RENTALS AND TOURS applicable pricelist. The Vehicle may be delivered and collected outside such a city where an office is located in case the User accepts ESKEL CAR RENTALS AND TOURS offer provided by it specifically for such case.

9. Use of the Vehicle

1) The User shall:

  1. return the Vehicle on expiration of the term of the rental at the place and within the period defined by the Agreement, in such condition, with such equipment and containing such amount of fuel as at the time of its collection or earlier at ESKEL CAR RENTALS AND TOURS request, provided that any extension of the agreed term of the rental shall be requested from ESKEL CAR RENTALS AND TOURS at least 24 hours prior to the expiration of the original term of the rental; otherwise, the User shall be deemed to hold the Vehicle illegally,
  • not overload the vehicle or use it for driver training or transport or towing of other vehicles or trailers, for paid transport of passengers, for races, for testing durability, speed tests, or for committing any illegal acts;
  • ensure that only the Operator or the Additional Operator use the Vehicle for their own purposes in accordance with the intended use of the Vehicle;
  • not allow any Unauthorized User/Operators or Third Parties to use the Vehicle,
  • use the Vehicle properly and treat the Vehicle according to the best business practices,
  • not smoke or allow anyone else to smoke in the Vehicle;
  • always lock the Vehicle after leaving it with its windows closed and take the Vehicle’s keys and document with him and always have them under his personal control;
  • only drive on public roads, not being under the influence of alcohol or narcotics, in compliance with all relevant traffic regulations and flows,
  • ensure that the Vehicle is technically functional i.e. regularly check the coolant, oil and tire pressure levels, etc.;
  • refrain from making any modifications on the Vehicle;
  • be responsible for all costs in connection with the operation of the vehicle, fuel, road tolls, bridge tolls, parking charges, fines for violations, and other similar charges,
  • not allow for passengers or cargo in excess of the maximum allowed levels stated in the Vehicle’s registration document to be transported in the Vehicle;
  • not drive the Vehicle beyond the borders of Ghana, unless he notifies ESKEL CAR RENTALS AND TOURS in advance when making his reservation or collecting the Vehicle, for which ESKEL CAR RENTALS AND TOURS may charge additional fees in accordance with the Rates (cross-border fee). In case of violating such cross-border and territorial restrictions with respect to the use of the Vehicle, the insurances applicable to the User as specified in Sections 14 and 15 of these Terms and Conditions shall cease to apply;
  • not assume and is not authorized to assume any obligations on behalf of ESKEL CAR RENTALS AND TOURS in connection with the Vehicle or its use and operation.
  • As an exception and subject to prior written notice given to and consent given by ESKEL CAR RENTALS AND TOURS, a Renter who is a legal person may allow its eligible employee to use the Vehicle and shall in such case acquaint such employee with the terms and conditions of the rental and Operator’s responsibilities, which shall in no case reduce such legal person’s responsibility for complying with these Terms and Conditions and the Rental Agreement.
  1. User’s Obligations

1) During the term of the rental, the User shall:

  1. act in a reasonable manner and according to the best business practices when driving and parking the Vehicle;
  2. maintain the coolant and battery fluid in the Vehicle at the required level;
  3. maintain the oil in the Vehicle at the required level;
  4. only use the type of fuel specified for the Vehicle in question;
  5. maintain the tire pressure at the required level;
  6. refrain from altering the speedometer or odometer readings;
  7. discontinue driving and immediately notify ESKEL CAR RENTALS AND TOURS in case a light signal is activated or if the User considers the Vehicle to need a mechanical inspection or repair; and
  8. ensure that all Operators authorized to use the Vehicle during the term of the rental are fully familiar with and aware of the provisions of the Rental Agreement and these Terms and Conditions.

11 Traffic Violations

  1. The Operator, Additional Operators, and the Renter shall be jointly and severally responsible for any fines or charges relating to traffic and/or parking. In case ESKEL CAR RENTALS AND TOURS receives a notice of traffic or parking violation/fine committed or incurred during the term of the rental, it may send the Operator and/or the Renter such notice as soon as possible and provide the necessary information to the authority responsible for issuing such notice with respect to the Operator and/or the Renter.
  • ESKEL CAR RENTALS AND TOURS may charge the Operator/Additional Operator an administration fee of GHC 200 + VAT (if the User is not a Ghanaian citizen, such fee shall be converted to Ghana Cedi or the currency of the User’s country at the Bank of Ghana exchange rate applicable on the date such charge/invoice is issued to the User) to cover the costs of administration and sending the notice to the relevant authority, the Operator or the Renter in connection with such traffic and/or parking violations and charges/fines.
  • In case ESKEL CAR RENTALS AND TOURS is required to pay any amount for any traffic or parking violation, ESKEL CAR RENTALS AND TOURS shall, after paying them, charge the User/his account for the amount of such paid fees plus interest and other expenses.

12. Damage, Defect, Traffic Accident, Stolen and Lost Documents

  1. If the vehicle is involved in a traffic accident or is damaged, broken or requires to be repaired or salvaged, irrespective of the case, the User shall immediately notify ESKEL CAR RENTALS AND TOURS of such incident and shall complete a report of such event/damage and shall ensure that the Vehicle does not deteriorate or suffers additional damage.
  • The User shall not procure or undertake any repairs without ESKEL CAR RENTALS AND TOURS approval, except to the extent necessary to prevent further damage to the Vehicle or any other property. If the Vehicle requires to be repaired or replaced ESKEL CAR RENTALS AND TOURS may provide another vehicle to the User at its sole discretion.
  • In case of a traffic accident or if the vehicle is stolen/missing, the User shall call the police and request a report of the event to be made.
  • The costs of reporting lost and obtaining new supporting documents for the Vehicle shall be payable by the User according to the applicable Pricelist.
  • 5)ESKEL CAR RENTALS AND TOURS shall reimburse the User for all necessary costs of oil, lubricant, regular maintenance and minor repairs required during the term of the rental, provided such costs are notified to ESKEL CAR RENTALS AND TOURS in advance and approved by it, except for the cost of washing the rented Vehicle, subject to presentation of a paid bill. Such a bill must be issued in ESKEL CAR RENTALS AND TOURS name and shall be recognized by ESKEL CAR RENTALS AND TOURS if paid in cash to a legal entity.
  • If the User is found to have unreasonably or unnecessarily replaced an assembly, part or device on the Vehicle, ESKEL CAR RENTALS AND TOURS shall not pay the User the value of such part, assembly or device.
  • The reimbursement of User’s costs is subject to the consent of ESKEL CAR RENTALS AND TOURS authorized person; otherwise, such costs shall not be reimbursed.
  • ESKEL CAR RENTALS AND TOURS shall not be liable for any damage incurred by the User or any passengers in the vehicle.
  1. User’s Liability

1) Except where a Third Party is fully responsible for damage and damage to the Vehicle, the User shall be cumulatively liable to ESKEL CAR RENTALS AND TOURS for:

  1. any loss, theft or disappearance of or any damage to the Vehicle or any of its parts, accessories or additional equipment;
  • any consequential damage, loss or costs incurred by ESKEL CAR RENTALS AND TOURS, including the costs of any repair, salvage, losses resulting from the inability to rent the Vehicle, storage charges, damage administration, legal expenses, etc.;
  • any loss or damage incurred by any passengers in the Vehicle, Third Parties or their vehicles or property during the term of the rental.

2) Within the meaning of the preceding paragraph, the User shall, in particular, be liable for any damage or loss resulting from:

  1. failure to comply with these Terms and Conditions (in particular Sections 9 and 10 hereof), the Rental Agreement or the applicable regulations,
  2. improper use of the Vehicle or any action of the User resulting in damage to the engine or its drivetrain;
  • insufficient oil levels, filling inappropriate oil or fuel, lack of transmission or differential fluid, coolant or any damage to the oil tank, clutch or any damage to the Vehicle’s undercarriage,
  • any action was taken by an Unauthorized User/Operator.
  • The User shall also be liable for any other damage resulting from his failure to comply with the provisions of these Terms and Conditions, the Rental Agreement and the applicable regulations.

14. Insurance Against Third Party Liability

  1. Pursuant to the relevant regulations and terms of insurance, ORYX’s vehicles are insured against damage caused by using the Vehicle to any Third Party such as death, physical injury, impaired health or destruction of or damage to any items during the term of the rental.
  • Such insurance may be invalid if the User breaches any provision of these Terms and Conditions, the Rental Agreement, any applicable regulations or terms of insurance, in which case the User agrees to compensate ESKEL CAR RENTALS AND TOURS for or pay it in arrears all expenses incurred in connection therewith if ESKEL CAR RENTALS AND TOURS is required to compensate such Third Party or their insurer for such damage.

15 Limitation of Liability/Deductibles

  1. The User’s liability for damage referred to in Section 13, paragraph 1 a) of these Terms and Conditions (other than the liability for missing additional equipment or parts of the Vehicle) may be limited to the amount of the deductible in accordance with ESKEL CAR RENTALS AND TOURS rates by paying in advance a daily surcharge/fee/insurance (CDW, TP) according to ESKEL CAR RENTALS AND TOURS applicable price list, which must be indicated on the front page of this Agreement, provided the User did not cause the damage by breaching any provisions of these Terms and Conditions, the Rental Agreement and the applicable regulations or by willful misconduct or misuse.
  • The respective fees shall include:
  1. CDW (Collision Damage Waiver) – a risk fee with a deductible – by paying this fee, the User’s liability for any damage to ESKEL CAR RENTALS AND TOURS Vehicle shall be limited to the amount of the deductible. If the User has CDW coverage, he shall be liable up to the amount of such deductible according to the ESKEL CAR RENTALS AND TOURS rate applicable to the vehicle class in question. CDW does not cover the following risks: the destruction of/damage to car tires, wheels or wheel trims, destruction of/damage to the Vehicle’s undercarriage, interior or glass.
  • TP (Theft Protection) – a fee payable for the risk of Vehicle theft with a deductible – by paying this fee, the User’s liability for any damage resulting from the theft of the Vehicle shall be limited to the amount of the deductible.
  • The CDW+ deductible referred to in paragraph 2) above may be purchased by paying an additional charge for such deductible according to the applicable Pricelist (CDW+), in which case the User shall not pay the amount of the deductible. CDW+ does not cover the following risks: the destruction of/damage to tires, wheels or wheel trims, destruction of/damage to the Vehicle’s undercarriage, interior (unless the interior is damaged in an accident) or glass.
  • WUG (Wheel, Underside & Glass Insurance) –by paying this fee the User obtains coverage for the destruction of/damage to car tires, wheels or wheel trims, destruction of/damage to the Vehicle’s undercarriage or glass. WUG does not provide coverage for risks of damage to the Vehicle’s interior (unless it results from an accident).
  • 5)              By paying a daily surcharge for insurance of passengers (PAI), the Operator and the passengers shall be insured against accidental death and disability up to the amounts specified by the insurer of ESKEL CAR RENTALS AND TOURS Vehicle.
  • To be able to exercise its right to limitation of liability or to purchase a deductible referred to in the preceding paragraphs of this Section of these Terms and Conditions, the User is required to demonstrate that he used the Vehicle properly, comply with these Terms and Conditions and that a Third Party is responsible for the damage by providing authentic documentation (police report, Ghanaian report, etc.) no later than the time of returning the Vehicle/Rental End or at the time ESKEL CAR RENTALS AND TOURS provides a statement of the prices, fees, and damage; otherwise, he shall not be entitled to the limitation of liability or to purchase a deductible. If the User subsequently demonstrates by providing authentic documentation (police report, decision of a court or any other competent authority, etc.) that a Third Party is fully responsible for the damage incurred, ESKEL CAR RENTALS AND TOURS shall refund to such User the collected amount of damages within 15 days of receiving such full documentation demonstrating that the Third Party was responsible.

16. Forfeiting the Limitation of Liability and Insurance Rights

  1. The payment of CDW, TP, WUG, and CDW+ coverage shall not impair the User’s liability under Section 15 of these Terms and Conditions in any of the following events, including but not limited to the following:
  1. The User operates the Vehicle under the influence of alcohol, drugs or narcotics;
  • The User operates the Vehicle at a time when it was unsafe and unfit for driving and became of such condition during the term of the rental, which caused or contributed to its damage and the User was or should have been aware that the Vehicle was unsafe or unfit;
  • A mechanical defect, damage to the engine or drivetrain of the vehicle and/or any electrical or electronic defect occurs as a result of misusing the Vehicle. This exemption also applies to any damage to the engine or transmission as a direct result of any mechanical defect or breakage;
  • Damage is caused as a result of insufficient engine oil levels, using inappropriate oil or fuel, insufficient level of transmission or differential fluids, coolant, or in case of any damage to the oil tank, clutch, transmission or any damage to the Vehicle’s undercarriage;
  • The Vehicle is used for races, driver training, durability testing, speed testing, reliability testing, rally races or competitions, or for testing or preparing for any of the foregoing;
  • The User failed to lock the Vehicle with its windows closed and take the keys and Vehicle’s documents with him after leaving the Vehicle and always have them with him and under his personal control or is unable to present the Vehicle’s keys and documents;
  • The Vehicle is used contrary to its intended use;
  • The Vehicle is driven on unclassified roads;
  1. The Vehicle is operated by an Unauthorized User/Operator or any damage is caused by an Unauthorized User/Operator;
  2. The Vehicle is operated by an operator who does not hold a driving license or his driving license has been revoked;
  • The User is in violation of any cross-border or territorial restrictions i.e. the User drives the Vehicle beyond the borders of Ghana without notifying this to ESKEL CAR RENTALS AND TOURS when making his reservation or collecting the Vehicle,
  • The Vehicle is damaged as a result of violating any traffic regulations, restrictions or prohibitions due to willful misconduct or gross negligence on the part of the User or any persons under his control or responsibility;
  • The Vehicle is overloaded in relation to the manufacturer’s specification provided in the registration document or is used to carry more persons than allowed;
  • The vehicle is loaded or unloaded while on a road;
  • The User fails to stop the Vehicle or remain at the scene after an accident and obtain a report of the event when he is required to do so;
  • A tire is ruptured or damaged or tires are damaged as a result of using the brakes;
  • Any damage is incurred as a result of any cargo transported in or on the Vehicle;
  • Any damage is caused to the vehicle after the agreed term of the rental or after the end of an authorized extension of the rental term.
  • The payment of CDW, TP, WUG, and CDW+ coverage does not cover User’s liability in other circumstances provided for by the relevant regulations and insurance rules defining the forfeiting of insurance rights. In addition, such coverage does not apply to damage caused by war operations or riots or any damage due to the loss of/damage to Vehicle’s additional and mandatory equipment, keys or documents.
  • User’s liability for any missing parts, additional equipment or keys and documents of the Vehicle shall not be covered by such CDW, TP, WUG and CDW+ fees unless they are a result of an accident.

17. User’s Complaints

  1. The User may submit any complaint or objection in connection with the rental of the Vehicle and the exercise of contractual rights and performance of contractual obligations to ESKEL CAR RENTALS AND TOURS by mail or e-mail at:

Postal Address: P. O. Box: KN 2919, Kaneshie – Accra.

Office Location: La South Accra.

Telephone:  +233-242611307 / +233-208981474 / 030-3965693

WhatsApp: +233544465121

Email: info@eskelcarrentalsandtours.com / nkelvinansong@gmail.com

Website: www.eskelcarrentalsandtours.com

Social Media: @eskelcarrentalsandtours

  • ESKEL CAR RENTALS AND TOURS shall respond to each complaint received by it within 15 days of receiving it and shall provide its response to the User by mail or e-mail. ESKEL CAR RENTALS AND TOURS decision regarding such complaint shall be final.

18 Personal Information

  1. The User voluntarily agrees to provide to ORYX its personal information (full name, address, driving license, passport, etc.) as part of the process of reserving the Vehicle and entering into the Rental Agreement. No rental shall be possible without providing such personal information.
  • ESKEL CAR RENTALS AND TOURS shall use such personal information for the purpose of performing the requested service, for further mutual communication and for resolving any disputes. The User authorizes the use of his personal information for such purposes and the provision of his personal information to competent authorities in connection with any traffic/parking violations, for ESKEL CAR RENTALS AND TOURS marketing purposes, and to debt collection agencies/offices.

19. Loss of Personal Property

  1. ESKEL CAR RENTALS AND TOURS shall not be liable to the User or any passengers in the Vehicle for any loss of or damage to any items left in the Vehicle neither during the rental nor after the Rental End. By signing the Rental Agreement, the User specifically waives any claims against ESKEL CAR RENTALS AND TOURS for such losses or damage.

20. Termination of the Rental Agreement

  1. ESKEL CAR RENTALS AND TOURS shall be entitled to terminate the Rental Agreement and immediately repossess the Vehicle if the User fails to act in compliance with any provision of these Terms and Conditions or the Rental Agreement, or if the vehicle is damaged. Such termination of the rental shall not compromise any other rights ESKEL CAR RENTALS AND TOURS may have under these Terms and Conditions and the Rental Agreement.

21. Jurisdiction and Applicable Law

  1. ESKEL CAR RENTALS AND TOURS aims to resolve any disputes amicably. These Terms and Conditions are governed by the laws of the Republic of Croatia and any unresolved disputes arisen from or in connection with this Agreement shall be subject to the exclusive jurisdiction of Croatian courts relevant to ESKEL CAR RENTALS AND TOURS registered office.
  • Ghanaian law shall apply to anything not defined by these Terms and Conditions or the Rental Agreement.

22. Miscellaneous

  1. The provisions of these Terms and Conditions are subject to amendments by ESKEL CAR RENTALS AND TOURS and such amended Terms and Conditions shall be published on ESKEL CAR RENTALS AND TOURS website, as of which time they shall take effect unless otherwise specified.
  • At the time of collecting the Vehicle, ESKEL CAR RENTALS AND TOURS shall provide the User with one counterpart of the Rental Agreement, which shall be kept inside the vehicle for the entire term of the rental and shall be presented to the police or any other authorized person at their request.
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