Terms & Conditions

1. Definitions

• "Barguts Tours" — Barguts Tours, an NTSA-licensed vehicle hire operator, Buruburu Business Shopping Complex, Suite UF21, Nairobi, Kenya.
• "Hirer" — the individual or organisation who confirms the booking and accepts these terms.
• "Driver" — the person(s) authorised to operate the vehicle during the hire period.
• "Vehicle" — the motor vehicle allocated to the Hirer as specified in the booking confirmation.
• "Hire Period" — the period commencing at the agreed collection time and ending at the agreed return time as stated in the booking confirmation.
• "Condition Report" — the signed BDFP pre-hire inspection document recording the vehicle's condition at the commencement of hire.
• "Security Deposit" — the refundable amount held during the hire period against damage, excess liability, or breach of these terms.

2. Booking & Confirmation

A booking is confirmed only upon receipt of a written confirmation from Barguts Tours and payment of the required deposit. Verbal or WhatsApp discussions alone do not constitute a confirmed booking.

2.1 Booking Process

• Enquiries are accepted by phone, WhatsApp, email, and online form
• A written quote is issued confirming the vehicle, dates, rate, deposit, and all applicable conditions
• The booking is confirmed upon receipt of the deposit and return of any required documentation
• A booking confirmation reference is provided — retain this for the duration of your hire

2.2 Booking Changes

Changes to confirmed bookings (vehicle type, dates, driver details) must be requested in writing or by WhatsApp. Barguts Tours will confirm whether the requested change can be accommodated. Hire extensions are subject to vehicle availability and must be confirmed before the original return time.

2.3 Same-Day Bookings

Same-day hire is subject to vehicle availability. Barguts Tours confirms same-day self-drive and chauffeur bookings within 2–4 hours of first contact. Airport transfers are confirmed within 1–2 hours. For safari 4×4 and wedding vehicles, a minimum of 72 hours' notice is recommended.

3. Payment & Deposits

3.1 Accepted Payment Methods

• M-Pesa (Safaricom) — Paybill or Till Number as advised at booking
• Bank transfer — account details provided on request
• Credit/debit card — where available
• Cash at our Buruburu office (with receipt issued)

3.2 Booking Deposit

A non-refundable booking deposit (amount specified in the quote) is required to secure the vehicle. The deposit is applied against the total hire cost.

3.3 Security Deposit

A refundable security deposit is required at or before the commencement of hire. The amount varies by vehicle class and will be specified in your quote. The security deposit is held against:

• Damage to the vehicle not covered by insurance
• Excess liability under the insurance policy
• Outstanding fuel charges
• Traffic fines, toll fees, or penalties incurred during the hire period
• Late return charges
• Any other amounts owed under these terms

The security deposit is returned within 24 hours of clean vehicle return, subject to inspection and confirmation of no outstanding charges.

3.4 Balance Payment

The outstanding hire balance is due in full before or at the time of vehicle collection unless a corporate credit account has been established in advance.

3.5 Quoted Price

The price stated in your written quote is final. Barguts Tours does not add charges post-hire that were not specified in the original quote, subject to the deductions permitted from the security deposit under Section 3.3.

4. Driver Requirements

4.1 Licence Requirements

• Kenyan residents: Valid Kenya driving licence for the class of vehicle hired, with a minimum of 2 years' driving experience
• Foreign nationals: Valid home-country driving licence plus a valid International Driving Permit (IDP). An English-language licence may be accepted without an IDP at Barguts Tours' discretion — confirm at booking.
• Licences must be original documents in good condition. Expired or tampered licences will not be accepted.

4.2 Minimum Age

• Self-drive: Minimum 23 years of age for all vehicle classes
• Safari 4×4 and luxury/executive vehicles: Minimum 25 years
• Proof of age (national ID or passport) is required at collection

4.3 Authorised Drivers

Only drivers named in the booking confirmation and whose details have been verified by Barguts Tours are authorised to drive the hired vehicle. Sub-letting the vehicle or allowing an unauthorised person to drive it constitutes an immediate breach of these terms and voids all insurance cover.

4.4 Chauffeur-Driven Hire

All Barguts Tours drivers hold a valid NTSA Public Service Vehicle (PSV) licence. The driver's name, PSV licence number, and vehicle registration are communicated to the Hirer before the first journey. The Hirer may request a driver change by contacting us directly.

5. Vehicle Use & Restrictions

5.1 Permitted Use

The vehicle may be used for lawful private, corporate, or tourism purposes on public roads in Kenya as agreed at booking.

5.2 Prohibited Use

The following uses are strictly prohibited and constitute a breach of these terms:

• Sub-letting, hiring out, or lending the vehicle to any third party
• Driving under the influence of alcohol, drugs, or any substance that impairs ability
• Carrying more passengers than the vehicle's licensed capacity
• Use for any unlawful purpose or activity
• Off-road driving, including national parks, game reserves, and unpaved tracks, unless expressly authorised in writing in the booking confirmation for safari vehicles
• Transporting hazardous, flammable, or illegal materials
• Racing, driving tests, or use in any competition
• Towing another vehicle without prior written consent
• Crossing international borders without prior written authorisation from Barguts Tours
• Carrying animals in the vehicle without prior written consent
• Smoking in the vehicle — a cleaning surcharge of KES 5,000 applies

5.3 Condition of Use

The Hirer is responsible for the vehicle's day-to-day maintenance during the hire period, including checking oil, coolant, and tyre pressures. Any warning light, unusual sound, or mechanical issue must be reported to Barguts Tours immediately by calling +254 707 116220.

6. Insurance & Liability

6.1 Cover Provided

All Barguts Tours vehicles carry comprehensive commercial hire insurance covering:

• Accidental damage to the hired vehicle
• Third-party property damage and bodily injury liability
• Passenger personal accident protection

6.2 Excess Liability

In the event of an accident or damage, the Hirer is liable for an excess amount as specified in the booking confirmation. This excess is deducted from the security deposit. The Hirer is not liable for amounts beyond the excess, provided the vehicle was used in accordance with these terms.

6.3 Insurance Void Conditions

Insurance cover is void and the Hirer becomes fully liable for all costs if damage or loss occurs as a result of:

• Driving under the influence of alcohol or drugs
• An unauthorised driver operating the vehicle
• Off-road use not authorised in writing
• Any deliberate act, gross negligence, or use in breach of Section 5.2
• Failure to report an accident or incident to Barguts Tours within 24 hours

6.4 Accident Procedure

In the event of an accident, the Hirer must: (a) ensure the safety of all parties; (b) not admit liability; (c) record the details of any other vehicle, driver, and witnesses; (d) contact the Kenya Police if required by law; and (e) notify Barguts Tours at +254 707 116220 within 24 hours. Failure to follow this procedure may affect insurance cover.

7. Fuel Policy

Barguts Tours operates a full-to-full fuel policy. The vehicle is provided with a full tank and must be returned with a full tank of the correct fuel type. If the vehicle is returned with less than a full tank, Barguts Tours will refuel at the current market rate plus a refuelling administration charge of KES 500, which is deducted from the security deposit.

The fuel type (petrol or diesel) is specified on the vehicle handover documentation. Misfuelling is the Hirer's responsibility and all associated repair costs will be charged in full.

8. Mileage

All daily and weekly hire rates include unlimited mileage within Kenya. There are no per-kilometre charges for any destination including Maasai Mara, Mombasa, Kisumu, or remote upcountry sites, subject to the vehicle use restrictions in Section 5.

Long-distance hire to destinations beyond the Nairobi metropolitan area should be disclosed at booking to ensure the correct vehicle and insurance configuration is provided.

9. Cancellation & Refunds

9.1 Cancellation by the Hirer

• More than 72 hours before hire start: Full refund of balance paid, minus the non-refundable booking deposit
• 24–72 hours before hire start: 50% of the total hire cost is forfeited; balance (if any) refunded
• Less than 24 hours before hire start / no-show: Full hire cost is forfeited; security deposit is refunded if vehicle was not collected

9.2 Cancellation by Barguts Tours

In the unlikely event that Barguts Tours cancels a confirmed booking due to vehicle unavailability or circumstances within our control, a full refund of all amounts paid will be issued within 5 working days. We will make reasonable efforts to offer a suitable alternative vehicle or date.

9.3 Early Return

If the Hirer returns the vehicle before the agreed return date, no refund is given for unused days unless Barguts Tours agrees otherwise in writing at the time of early return.

9.4 Refund Processing

Approved refunds are processed via the original payment method (M-Pesa reversal, bank transfer, or card credit) within 5 working days of the cancellation being confirmed.

10. Breakdown & Replacement Vehicle

Barguts Tours provides 24/7 roadside assistance for all active hires. In the event of a mechanical failure attributable to the vehicle (not driver error or misuse), Barguts Tours will:

• Deploy roadside assistance or a recovery vehicle
• Provide a replacement vehicle of equivalent class within 2–4 hours within the Nairobi radius, and within a reasonable time for upcountry locations
• Not charge the Hirer for the downtime period during which the original vehicle was unavailable

Breakdown caused by driver misuse, misfuelling, accident, or prohibited use is not covered and recovery costs will be charged to the Hirer.

Breakdown contact: +254 707 116220 (24/7 for active hires)

11. Vehicle Return

11.1 Return Time and Location

The vehicle must be returned at the time and location specified in the booking confirmation. Early return does not entitle the Hirer to a refund. If the vehicle cannot be returned on time, the Hirer must notify Barguts Tours at least 2 hours in advance.

11.2 Late Return

Late return without prior agreement will incur a charge of the daily hire rate pro-rated per hour, plus any losses incurred by Barguts Tours due to the late return (including costs associated with subsequent booking disruption).

11.3 Return Condition

The vehicle must be returned in the same condition as recorded in the Condition Report, fair wear and tear excepted. The vehicle must be reasonably clean — excessive soiling (interior) will incur a cleaning charge of up to KES 3,000.

11.4 Post-Return Inspection

A return inspection is conducted at the time of return. If damage is identified that was not recorded on the Condition Report, the cost of repair will be assessed and deducted from the security deposit. Barguts Tours will provide a written damage report within 48 hours if any charges are applied.

12. Traffic Fines & Violations

The Hirer is solely responsible for all traffic fines, parking penalties, toll charges, and any other violations incurred during the hire period. If a fine is issued to the registered owner (Barguts Tours) following the hire period, the full fine amount plus an administration fee of KES 1,000 will be charged to the Hirer.

The Hirer authorises Barguts Tours to provide their contact details and hire record to relevant Kenyan authorities (NTSA, traffic police, Nairobi City County) where required to identify the responsible driver.

13. Force Majeure

Barguts Tours is not liable for failure to perform or delay in performing any obligation under these terms caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, civil unrest, government action, strikes, fuel shortages, or road closures.

In such circumstances, Barguts Tours will make reasonable efforts to fulfil confirmed bookings or arrange alternatives. Where a booking cannot be fulfilled due to force majeure, Barguts Tours will offer a full refund or rebooking at the Hirer's option.

14. Privacy

Personal data collected in connection with your booking is processed in accordance with our Privacy Policy and the Kenya Data Protection Act, 2019. By confirming a booking, you acknowledge that your personal data (including identity documents) will be processed for the purposes described in the Privacy Policy.

15. Governing Law & Disputes

These Terms and Conditions are governed by and construed in accordance with the laws of Kenya. Any dispute arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

Barguts Tours encourages resolution of disputes informally in the first instance. If you have a complaint, contact us at [email protected]. We aim to respond to all formal complaints within 7 working days.

If a dispute cannot be resolved directly, either party may refer the matter to a mutually agreed mediator or, failing agreement, to the relevant Kenyan court.

The invalidity or unenforceability of any provision of these terms shall not affect the validity or enforceability of any other provision.

16. Contact

For questions about these Terms and Conditions, to request clarification before booking, or to raise a complaint, contact Barguts Tours through the following channels: