Renter Terms and Conditions

Effective 2025-01-01Version 1.0

Renter Terms and Conditions

Effective Date: 1 January 2025

RENTER TERMS OF SERVICE (RETAIL & CORPORATE END‑USERS) Last Updated: [●] These Renter Terms of Service (the “Renter Terms”) govern how individuals (“Renters”) and corporate team members (“Authorised Users”) use the Otto platform to reserve and use vehicles supplied by independent rental companies (“Suppliers/Hosts”). By creating an account, submitting a booking request, clicking accept, or taking delivery of a vehicle, you agree to these Renter Terms. Contracting relationships (read this first): (1) Vehicle services (rental, with or without driver) are provided by the Supplier, not by Otto. When a booking is confirmed, a Direct Vehicle Rental Contract arises between you (or your corporate employer) and the Supplier, incorporating the booking details and applicable schedules/policies referenced at checkout. (2) Otto operates the platform and may provide payment rails and customer support, but is not a party to the vehicle services. Otto’s separate Platform Terms of Service govern your use of the platform itself. (3) For corporate bookings, the contracting customer is the Corporate Customer; the individual placing a booking is an Authorised User acting for that Corporate Customer.

  1. Definitions “Account” means a user account on the Otto platform. “Addendum” means a booking change or update made and confirmed in the platform (e.g., extension, vehicle substitution, extras). “Authorised Driver” means a person named in the booking or added later who is permitted to operate a self‑drive vehicle and meets licence/age requirements. “Authorised User” means a team member of a Corporate Customer permitted to place/manage bookings through the Corporate Customer’s account. “Booking” means a reservation placed via the platform and accepted by the Supplier, evidenced by the platform confirmation. “Booking Start Time” means the scheduled pick‑up/commencement time stated on the booking. “Corporate Customer” means a legal entity that holds a corporate Otto account; its Authorised Users place bookings on its behalf. “Direct Vehicle Rental Contract” means the per‑booking contract formed between the Supplier and the Renter/Corporate Customer for vehicle services, as confirmed in the platform. “Driver Services” means chauffeur services provided by Supplier personnel. “Off‑Road Capable Vehicle” means a vehicle designated as off‑road capable in the booking (e.g., 4×4 SUV/pickup with suitable clearance/tyres) with any required endorsements. “Platform Notice” means a notice issued through the Otto system, including in‑app messages, dashboard notifications, platform‑generated documents, and system emails dispatched by the platform. “Payment Provider” means the bank, card acquirer, or mobile money network processing the transaction. “Supplier” (or “Host”) means the independent rental company providing the vehicle.

  2. Eligibility & Identity Verification 2.1 Age & licence. Minimum age, licence class, and experience are stated at checkout and may vary by vehicle/class. You must present valid, original identification and a valid driving licence at handover for self‑drive rentals. 2.2 KYC & verification. Otto and/or the Supplier may require identity checks (e.g., ID upload, selfie/liveness, address verification) and may decline or cancel a booking if verification fails. 2.3 Corporate Users. If you book under a Corporate Customer account, you confirm you are an Authorised User and that your organisation authorises your use.

  3. Bookings, Handover & Returns 3.1 Formation. A booking is formed when the Supplier accepts your request in the platform. The booking details (vehicle class/model, dates/times/locations, rates, extras, insurance excess, and applicable policies) form part of the Direct Vehicle Rental Contract. 3.2 Handover & condition report. At handover and return, you and the Supplier (or their agents) should complete a condition checklist and may take timestamped photos. 3.3 Fuel & cleanliness. Unless otherwise stated, fuel is like‑for‑like and reasonable cleanliness is expected. Fees may apply for shortfalls, excessive dirt, smoking, or lost keys as shown at checkout. 3.4 Delivery/collection. Delivery and collection may be offered for a fee; after‑hours surcharges may apply.

  4. Use of the Vehicle; Drivers; Off‑Road & Cross‑Border 4.1 Permitted use. Use the vehicle lawfully, observe posted limits, and follow manufacturer guidelines. Seatbelts are mandatory for all occupants. 4.2 Authorised Drivers only. Only Authorised Drivers named in the booking (or added later in‑platform and verified) may drive. You are responsible for their conduct as if it were your own. 4.3 Off‑road. Off‑road use is permitted only if the vehicle is an Off‑Road Capable Vehicle and your booking expressly authorises off‑road use (e.g., parks/conservancies) with any required permits/insurance endorsements. 4.4 Cross‑border. Crossing national borders requires the Supplier’s prior written approval and applicable insurance/permits; otherwise it is prohibited. 4.5 Prohibited uses. No intoxicated driving; no racing; no instruction or towing without approval; no overloading; no illegal purposes; no deep‑water crossings beyond the vehicle’s rated wading depth; no beach/dune driving unless expressly approved. 4.6 Tracking & immobilisation. Vehicles may include telematics. The Supplier may track and, where lawful and necessary (e.g., suspected theft, material breach, or non‑payment), immobilise or repossess the vehicle.

  5. Prices, Payments, Taxes & Security Deposits 5.1 Prices & currency. Prices are shown at checkout and (unless stated otherwise) are in KES and exclusive of VAT and other taxes/levies. 5.2 Payment methods. Retail (individual) bookings: you may pay by card, mobile money, or other methods offered in the platform.

Corporate bookings: payment is corporate‑only (corporate card/wallet/bank transfer configured by your organisation). Personal payment methods are not permitted for corporate bookings.

5.3 Payment Provider fees. Processing fees are variable and set by the Payment Provider; any non‑recoverable fees may be deducted from refunds (see Clause 8).

5.4 Security deposits/pre‑authorisations. A refundable deposit or card pre‑authorisation may be required. Deposits may be applied to unpaid rental charges, damage, cleaning, fuel, tolls/fines administration, or other amounts due.

5.5 Invoicing & receipts. Where Otto or a Payment Provider collects funds, it does so on behalf of the Supplier. Receipts will be issued electronically.

  1. Changes, Extensions & Holdover 6.1 Changes & Addenda. Any change (dates, vehicle, locations, extras) must be made and confirmed in‑platform and becomes a binding Addendum. 6.2 Extensions. Extensions require Supplier approval in the platform; rates may change; additional charges apply. 6.3 Holdover. If you fail to return on time, you may be charged at the applicable holdover rate plus any recovery costs shown at checkout.

  2. Fines, Tolls & Administration You are responsible for fines, tolls, penalties, and parking charges incurred during the rental, plus a reasonable administration fee per the fees shown at checkout. The Supplier may provide your details to authorities as required by law.

  3. Cancellations & Refunds (No Cancellation Fees) 8.1 No cancellation fees. Suppliers on Otto do not charge cancellation fees. Refund eligibility depends on booking and cancellation timing: Booking created ≥ 24 hours before start: If cancelled ≥ 24 hours before the Booking Start Time, you are eligible for a refund of prepaid charges, minus any non‑recoverable Payment Provider processing/transaction fees.

Booking created < 24 hours before start: If cancelled ≥ 6 hours before the Booking Start Time, you are eligible for a refund of prepaid charges, minus any non‑recoverable Payment Provider fees.

Cancellation < 6 hours before start or after start: Not eligible for a refund.

8.2 No‑Shows. Failure to take delivery within [2] hours of the scheduled start without notice is treated as a cancellation < 6 hours before start: no refund and the vehicle may be released.

8.3 Timing basis. Eligibility is determined by the Booking Start Time and the booking confirmation timestamp recorded in the platform.

8.4 Refund method & timeline. Refunds (if eligible) are processed to the original payment method (or corporate account/wallet where card reversal is unavailable) and are subject to Payment Provider timelines and settlement rules.

  1. Incidents, Insurance & Repairs 9.1 Insurance. Suppliers maintain comprehensive motor insurance permitting commercial rental use. Coverage, limits, exclusions, and Insurance Excess (deductible) are shown at checkout. 9.2 What to do in an incident. In case of accident/theft, promptly notify the Supplier and authorities, obtain a police abstract, and complete any insurer forms. 9.3 No unauthorised repairs. For self‑drive rentals, do not authorise repairs, towing, or parts replacement without the Supplier’s written approval, except for urgent measures necessary to prevent further damage or ensure safety. 9.4 Liability. Subject to policy terms, you are liable for the Insurance Excess per incident and any uninsured/excluded losses (e.g., tyres/rims, glass, undercarriage where excluded) and for losses arising from prohibited use or gross negligence.

  2. Driver Services (Chauffeur) 10.1 Professional standards. Drivers must be duly licensed, fit for duty, and sober. 10.2 Duty windows & breaks. Driver duty/driving hours are subject to Kenyan law and safety guidance. Shifts may vary by booking; overtime/standby charges (if any) are shown at checkout. 10.3 Customer obligations. Provide accurate itineraries, allow lawful breaks, and do not instruct drivers to exceed legal limits.

  3. Platform Use & Conduct 11.1 Your account. Keep your credentials secure; you are responsible for actions taken via your account. Report suspected compromise immediately. 11.2 Prohibited conduct. No fraud, abuse, scraping, interfering with the platform, or circumventing fees. Otto may suspend or terminate accounts that violate these Terms or applicable law.

  4. Digital Communications, Addenda & E‑Signatures 12.1 Platform‑generated notices. Booking confirmations, extension approvals, handover/return reports, invoices, credit notes, refund confirmations, and termination notices issued through the platform are valid notices to the Parties. 12.2 Addenda via platform actions. Any modification to a booking confirmed in the platform is a binding Addendum enforceable as if set out here. 12.3 Electronic records & audit trail. Platform audit logs, e‑signatures (including click‑accepts, in‑app confirmations, typed names, or OTP/PIN approvals), and time‑stamped system artifacts are admissible evidence of communications and consents and are prima facie proof of content and timing, save manifest error. 12.4 No wet ink required. No physical signature is required; electronic execution and acceptance are binding to the extent permitted by law.

  5. Data Protection & Privacy 13.1 Privacy Policy. Personal data is handled per Otto’s Privacy Policy (incorporated by reference) and, where the Supplier acts as a controller, per the Supplier’s privacy notices. 13.2 Direct submissions. Where you submit personal data directly (e.g., ID/licence, contact details), the Supplier and/or Otto may act as independent controllers for safety, KYC/licence checks, billing, telematics, incident handling, fraud prevention, and legal compliance. 13.3 Telematics. Location, mileage, and driving behaviour data may be processed for safety, theft prevention, maintenance, and billing. 13.4 Confidentiality (non‑personal data). Each Party must protect the other’s non‑public information used to perform or enforce the booking and use it only for that purpose, subject to standard exceptions (public, previously known, independently developed, third‑party lawful disclosee) and lawful disclosures.

  6. Warranties; Disclaimers; Liability 14.1 Supplier services. Supplier warrants vehicles will be roadworthy at handover and any Driver Services will be delivered with reasonable skill and care. 14.2 Platform. The platform is provided “as is.” To the fullest extent permitted by law, Otto disclaims warranties not expressly stated, and is not liable for the vehicle services provided by Suppliers. 14.3 Non‑excludable rights. Nothing in these Renter Terms limits rights that cannot be excluded under applicable consumer law. 14.4 Limitation. To the extent permitted by law, neither Otto nor the Supplier will be liable for indirect, special, or consequential loss. Monetary caps (if any) applicable to the Supplier will be shown in the booking or Supplier policy.

  7. Suspension & Termination (Account‑Level) 15.1 Suspension. Otto may suspend your account or a booking where there is suspected fraud, non‑payment, safety/legal concerns, or material breach. 15.2 Termination. Otto may terminate or restrict platform access for persistent or serious breaches. Supplier may cancel/terminate a booking per the booking terms and Clause 8.

  8. Governing Law; Disputes 16.1 Governing law. These Renter Terms are governed by the laws of the Republic of Kenya. 16.2 Venue. The Parties submit to the jurisdiction of the courts of Nairobi, Kenya (without prejudice to any mandatory consumer venue rules). 16.3 Amicable resolution. Parties will first seek to resolve disputes amicably; urgent injunctive relief may be sought at any time.

  9. General 17.1 Entire agreement (platform use). These Renter Terms (plus the Platform Terms and the booking details) form the entire agreement for your platform use and your obligations to the Supplier as a renter; they do not replace the Supplier’s mandatory insurance/policy terms displayed at checkout. 17.2 Changes. Otto may update these Renter Terms prospectively by Platform Notice; material changes will be highlighted. Continued use after notice constitutes acceptance. 17.3 Severability; waiver. If any provision is unenforceable, it is severed and the remainder continues; failure to enforce is not a waiver. 17.4 Assignment. You may not assign your rights or obligations without consent. 17.5 Contact. For support, contact the Supplier via the booking thread; for platform issues, contact Otto at [help@ottogoes.com] or +254 115 306 02 / +254 713 209 04.

ANNEX A– Driver Duty Windows (Chauffeur) Standard duty window per shift and overtime/standby rates as posted at checkout; never exceeding legal driving-hour limits.

By confirming in‑platform (click‑accept/OTP), you agree to these Renter Terms and the booking‑specific details presented at checkout, including Supplier policies incorporated by reference.

Country Addenda