Renter Terms of Service

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OTTO RENTER TERMS OF SERVICE

These General Terms set forth the main terms and conditions applying to and governing the usage of Otto Services. To provide and receive Transportation Services using the Otto Platform, you must agree to the terms and conditions that are set forth below. Otto can be contacted through its website or WhatsApp message or call via the number provided on the website or by sending an email to help@ottogoes.com.


  1. INTRODUCTION
  • Otto provides an online car rental marketplace that connects hosts (car owners) with renters (drivers who rent the vehicle). Otto is accessible online through https://www.otto.rentals/and all our associated mobile or web applications - which will be referred to as “Services or the Platform” throughout this document. By accessing or using the Services, including by communicating with us or other Otto users through the Platform or our other means of contact, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), Otto’s Data Privacy Guidelines, and other terms and conditions for use of the Services accessible in or through the Application or on the Otto website, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Otto.
  • Otto reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of the Terms of Service Page. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Otto Account immediately. If you choose to close your Otto Account, the previous effective version of these Terms will apply to you.


  1. DEFINITIONS
    • “Agreement” Refers to an agreement between Otto and Renters regarding the use of Otto Services consisting of:
      • these General Terms;
      • Otto’s Privacy policy
      • special terms displayed in the Otto Application, e.g. regarding price information or service descriptions;
      • the Hosts and Renters guidelines; and
      • other terms referred to in this Agreement as may be amended from time to time
    • “Approved Driver” means a Renter who requests a vehicle for hire through the Platform and successfully books or arranges a vehicle hire from a Host;
    • “Off App Transaction” means any transaction carried out outside of or off the Platform between a Host registered and having a Host account on the Platform to hire or rent out a vehicle to a Renter registered and having a Renter account on the Platform where the said parties first connected with or contacted each other on the Platform or through the Services;
    • “Otto (also referred to as "we", "our" or "us")” means the registered business name owned by Froncourse Investments Limited, a private limited company incorporated and registered under the laws of the Republic of Kenya having its registered office at Merchant Square, on Riverside Drive, Nairobi and operating in Kenya. The company provide an online car rental marketplace that connects hosts (car owners) with renters (drivers who rent the vehicle). Otto is accessible online through https://www.otto.rentals/ and all our associated mobile or web applications - which will be referred to as “Services” throughout this document;
    • “Otto Account” means the Renter account created on the Otto Application by a Renter who wishes to rent or hire a vehicle through the Otto Platform;
    • “Otto Platform/Services” means collectively, the Otto mobile device applications, websites and ancillary features, services and offerings including In-app Payment and customer support designed to connect Hosts with Renters;
    • “Otto Application” means the vehicle sharing application for Hosts (car owners) and Renters (drivers who rent the vehicle);
    • “Host (also referred to as “you” and “owner”)” means a person providing a vehicle for hire by a Renter via the Otto Platform. Each Host has a personal Otto Account to use the Otto Platform. A host can either be a natural or legal person;
    • “Renter(s) (also referred to “driver” or “hirer”)” means the person hiring a Host’s vehicle via the Otto Platform to drive and use. Each Renter will register a personal Otto renter account to use the Otto Services. A Renter can either be a natural person or an artificial legal person;
    • “Users” means legal entities or natural persons using Otto Services via the Otto Application. This may include both Car Hosts and Car Renters;
    • “Otto Fee” means the fee that the Renter is obliged to pay to Otto for using the Otto Platform.
    • “In-app Payment” means cards, mobile money payment, and other payment methods used by the Renters via the Otto App to pay for the Services.


  2. ELIGIBILITY AND REGISTRATION
    • The Services are intended solely for natural person Renters who are 18 years of age and older in Kenya. Natural person Renters under the age of 18 should not sign up for or apply for an account. Hosts may specify use of vehicles above the the age of 18 as their own rental policy
    • Otto will not be liable for the actions of any corporeal Renter below the age of 18 and reserves the right to immediately suspend or terminate such a Renter’s account and take any other appropriate action, including but not limited to legal action, against such Renter when discovered.
    • In order to access and use the Otto Services, you are required to sign up either as an artificial legal or natural person by providing the requested information in the sign-up application on the website and uploading the necessary documentation as required by us.
    • When you book a vehicle as a Renter (“driver”), you will be required to provide us with certain additional information about yourself in order to facilitate the transaction.
    • Upon successful completion of the sign-up application, a personal account will be provided accessible via a user-name and password.
    • By clicking the “Sign up" button located at the end of the sign-up process you represent and warrant that:
      • you have the full legal capacity and authority to enter into this agreement and use the Otto Application to access the Services and connect to the Host (“owner”) interested in renting or hiring out the vehicle;
      • you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and in the Privacy Policy and other terms and conditions for the Services;
      • all the information you have presented to us is accurate, correct, and complete;
      • you will keep your Otto Account accurate and profile information updated at all times;
      • You will be required to provide:
        • a valid Kenyan driving license;
        •  proof of identity such as your Kenyan National Identity Card or your passport (This can be also be a certificate of incorporation for an artificial legal person); and 
        • any additional necessary documents to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide any required documentation for service delivery;
      • you will not authorize other persons to use your Otto Account nor transfer or assign it to any other person without Otto’s express written consent or authorization;
      • you will not use Otto Services for unauthorized or unlawful purposes or in any way interfere with the proper operation of Otto Services;
      • at all times, you will fully comply with all laws, rules and regulations applicable in the County and Country you are renting a vehicle from a Host utilizing the Services in, including (but not limited to) laws regulating road safety, the National Transport and Safety Authority Rules and Regulations and the Traffic Act and Rules and Regulations thereunder;
      • You are obliged to provide your bank account information in the course of filling in the payment details section when applying for an Otto Account. If you are an artificial legal person, you must insert the legal entity’s bank account details.
      • We are not liable for any payment transaction failure in the event you provide the wrong bank details, or where such failure occurs for reasons other than a negligent act or default on the part of Otto. 
      • You will be solely responsible and liable for non-compliance if;
        • You (as a natural, real or corporeal person) are below the minimum age for Renters to access the Services;
        • You do not have a valid driving license;
        • Drive or operate the vehicle while intoxicated or in any other manner that is in contravention of the National Transport and Safety Authority Rules and Regulations, the Traffic Act and Rules and Regulations thereunder and any other applicable road safety rules and regulations.
        • Drive or operate a vehicle rented using the Services if it is not in safe and operable condition.
        • Drive or operate a vehicle rented using the Services if it is not legally registered to be driven on public roads in the jurisdiction.


  3. VERIFICATION
    • Where permitted, Otto has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to:
      • verify the identities or check the backgrounds of Users, including driving history and driver’s license validity;
      • verify the ownership of vehicles uploaded onto the platform for hire;
      • verify the insurance of the vehicles uploaded onto the platform for hire (Expiry dates, and type of policy);
      • verify the service dates and roadworthiness of the vehicles;
      • verify any and all of the information you provide to us and to obtain additional related information; and
      • Otto may in its sole discretion use third-party services to verify the information and updates and corrections thereto where applicable and you hereby authorize Otto to request, receive, use, process and store such information.
    • Otto may permit or refuse your request to book or hire a vehicle at its sole and absolute discretion.
    • Otto may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services.
    • Otto does not make any representations about, confirm, or endorse the safety, road-worthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean log book and are not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.


  4. RIGHT TO USE OTTO APP AND PLATFORM
    • Permission to use the Otto App and the Otto Renter’s Account
      • Subject to your compliance with the Agreement, we hereby grant you permission to use the Otto Application and Platform via your account. The permission does not grant you the right to “sub-lease” your account or transfer any rights to third persons. Otto may permit or create a category of account for companies which accounts may allow for multiple sub accounts, multi user access to the Renter’s account on Otto or other appropriate mechanisms to cater for the type of User.
    • In the course of using the Otto Application or Platform via your account you may not:
      • decompile, reverse engineer, or otherwise attempt to obtain the source code of your account, or other software belonging to Otto;
      • modify or attempt to modify the Otto Application or your account in any manner or form or to use any unauthorized modified versions of the Otto Application or your account;
      • transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operation or functioning of the Otto Platform;
      • attempt to gain unauthorized access to the Otto Application, Otto your account, or any other Otto Services.
    • The permission granted herein is revoked automatically and simultaneously with the termination of this Agreement. After termination of this Agreement, you must immediately stop using the Otto Application/ Platform and your account and we are entitled to block and delete your account without prior notice.
    • Using tags and labels of Otto. Additionally, we may give you tags, labels, stickers, or other signs that refer to the Otto brand or otherwise indicate you are using the Otto Platform. We grant users a non-exclusive, non-sub-licensable, non-transferable license to use such signs only to indicate that they are receiving or utilising Services via the Otto Platform. After termination of the Agreement, you must immediately remove and discard any signs that refer to the Otto brand.
    • All copyrights, trademarks and patents, in respect of but not limited to, source codes, databases, logos, and visual designs are owned by Otto and protected by copyright, trademark, patent and/or trade secret laws and international treaty provisions. By using the Otto Platform or any other Otto Services you do not acquire any rights of ownership to any intellectual property.


  1. CONTENT, COMMUNICATION, AND DATA SHARING
    • USER CONTENT
      • We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit content through the Services such as reviews, feedback, and descriptions of you, the condition of the vehicle(s) you received, or your trip.
      • By making available any content on or through the Services, or through Otto promotional campaigns, you grant Otto a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content to promote or market the Services or for other purposes.
      • Except as described above with respect to Otto photography provided to you and to the hosts, Otto does not claim any ownership rights in any such content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
    • COMMUNICATION WITH USERS
      • You agree that Otto may contact you by electronic means (e.g., an electronic mail; notifications via Otto messaging; In App notifications) in lieu of any requirement for mailed notices;
      • Contact may be made using auto-dialed or pre-recorded message calls or text messages to your phone number(s);
      • We may place such calls or texts primarily to confirm sign-up, provide notices regarding your Otto Account or Otto Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages;
      • We may share your phone number(s) with service providers with whom we contract to assist us in carrying out the foregoing;
      • We will not share your phone number(s) with third parties for their purposes without your consent. Standard telephone minutes and text and data charges may apply;
      • You authorize Otto and its service providers, without further notice or warning and at our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Otto or its agents for quality control and training purposes; and
      • You also acknowledge and understand that all forms of communication with Otto may be overheard, monitored, or recorded without further notice or warning.
    • DATA SHARING
      • Users' data will be processed in accordance with the Privacy Policy, at  https://www.otto.rentals/legal-docs/privacy-policy
      • Otto has access to personal data provided or generated in connection with the use of Otto Services as well as data you have made publicly available through the use of other third party software;
      • Otto takes all reasonable steps to ensure the confidentiality of such data and comply with all applicable privacy policies and laws;
      • Except where otherwise provided by applicable Privacy Policies and laws, Otto maintains access to such data after the Agreement between you and Otto is terminated.


  2. DEPOSITS, FEES AND TAXES
    • Deposits
      • To secure a reservation and cover various expenses during your rental period and otherwise serve as a security for your compliance with Otto terms and conditions, Hosts may require the payment of a deposit at the beginning of the rental.
      • This deposit includes the liability excess, charges incurred during the rental, and fuel (in some cases).
      • The deposit can be made using a valid major debit or credit card or through a mobile money service in your name and shall be a minimum of 30% of the total rental amount (please note that this amount is separate from the rental fee).
      • It is important to note that the deposit will be refunded after returning the car and any applicable extras in the same condition as rented, and in compliance with the fuel policy.
      • It may take up to 14 days for the refunded amount to appear in your account, credit card or mobile money wallet.
      • At the time of rental, the vehicle will have either a quarter, half, three-quarter or full tank of fuel, and it is expected to be returned in the same state. If the car is not returned at the same level, in the event that the Host took a deposit they will refill the tank using the deposit money , if the host did not take a deposit, the Host will request the renter to pay the fuel deficit to cover the fuel deficit. Failure of a renter to pay on request by the host will be deemed to be a breach of these terms of service and Otto and the Host reserves the right to take any appropriate action against the Renter. Please be aware that there may be an administrative fee involved.
      • It is thus your responsibility to ensure that on issuance of the car, it is fueled as per a Host’s stated policy.
    • Fees
      • All taxes and fees charged for using the Services and other cost structures will be itemized for you when you book the vehicle.
      • We display the final price of the vehicles prior to booking and you can verify the itemization before you submit your trip request.
      • When you provide Otto a payment method, you authorize Otto, or third-party service providers acting on behalf of Otto, to store your payment credentials for future use and use the same to debit your bank account, credit card or mobile money wallet in the event you owe Otto any money.
      • You authorize Otto to use stored payment credentials to debit your bank account or mobile money wallet for balances that may include but are not limited to late fees, security deposits, processing fees and claims costs, and related administrative fees.
      • In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and where possible we will rely on such updates to stored payment credentials however, in the event such arrangements do not exist you are required to update your payment credentials prior to expiry of a card or as soon as possible in the event of a lost or stolen card.
    • Collection of Fees
      • Otto and its service providers will employ all legal methods available to collect amounts due, including the cost of engagement of collection agencies or legal counsel.
      • Otto, or the collection agencies we retain, may also report information about your Otto Account to credit bureaus in the countries we operate in.
      • As a result, late payments, missed payments, or other defaults on your Otto Account may be reflected in your credit report.
      • In addition to the amount due, delinquent accounts will be charged with fees and/or charges that are incidental to the collection of outstanding sums including, but not limited to, collection fees, convenience fees, and/or other third-party charges.
      • If you wish to dispute the information Otto reported to a credit bureau, please contact our us through our help lines.
      • If you wish to dispute the information a collection agency reported to a credit bureau regarding your Otto Account, you must contact the collection agency directly.
    • Taxes
      • Depending on government regulations, Otto may enable the collection and remittance of certain taxes from you or on your behalf, based on existing and future tax regulations, including but not limited to Value Added Tax, digital service tax and any other taxes, duties or charges that may be lawfully imposed.
      • The amount of taxes, if any, collected and remitted by Otto will be visible to, and separately stated, to both you and the Host on your respective trip related documents and invoices.
      • Where Otto is facilitating the collection and remittance of taxes, Hosts are not permitted to collect the same taxes on the Services from you in relation to their vehicle sharing in that jurisdiction.


  3. USE OF THE VEHICLE
    • When you book a vehicle using the Services, you must use the vehicle only for your personal use and not for any commercial purposes unless you have express written permission from the Otto in advance. In addition, you:
      • may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location;
      • must present the Host with a current valid driver’s license and keep the same with you at all times when driving the vehicle;
      • must exercise reasonable care in your use of the vehicle;
      • are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving;
      • are required to wear seat belts during the operation of the vehicle and to require that all of your passengers’ wear seat belts;
      • are also required to meet any laws or regulations concerning child safety seats and other protections for children;
      • must not leave the vehicle unlocked or with the keys unsecured (such as in the ignition) in a public place;
      • will be fully financially responsible for any related claims, loss, or damage if you misuse a vehicle;
      • acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law;
      • will take all reasonable care when driving and parking the vehicle;
      • will ensure that the water in the vehicle’s radiator and battery is maintained at the proper level;
      • will ensure that the oil in the vehicle is maintained at the proper level and only use the specified fuel type;
      • will maintain the correct tyre pressure;
      • will ensure the odometer or speedometer, are not interfered with;
      • will ensure that no part of the engine, transmission, braking or suspension systems is interfered with;
      • will inform the host immediately should you believe that the vehicle requires mechanical attention
    • In the event Otto has any concern about your use of a vehicle, Otto may terminate your trip at its sole discretion at any time and require the immediate return of the vehicle, including recovering the vehicle on behalf of the host. 


  1. PROHIBITED ACTIVITIES

    In connection with your use of or access to the Services, Users agree that they will not, nor advocate, encourage, request, or assist any third party to:

    • Violate any law, including:
      • Breach, violate, and/or circumvent any local, county, national or international law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;
      • Post false, inaccurate, misleading, defamatory, or libelous content; and
      • Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from intellectual property or content that belongs to or is licensed to Otto, or that comes from the Services and belongs to another Otto user or a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Otto.
    • Dilute, tarnish, or otherwise harm the Otto brand in any way, including:
      • Through unauthorized use of the Services and/or User content;
      • and/or using "Otto" or derivative terms in domain names, trade names, trademarks, or otherwise; and
      • Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Otto domains, trademarks, tag-lines, promotional campaigns, or Otto and/or user content
    • Provide or submit any false or misleading information, including:
      • False name, date of birth, driver’s license details, payment method, insurance, or other personal information;
      • In relation to a claim (for example about damage to a vehicle);
      • By registering for an Otto Account on behalf of an individual other than yourself; and
      • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity.
    • Fail to honor User’s commitments, including:
      • fail to pay fees, penalties, or other amounts owed to Otto or another User;
      • fail to return any vehicle and optional Extras on time, unless you have a valid reason;
      • use the Services to find a Host (car owner) and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Otto (aka, off-platform transactions, which do not necessarily require the exchange of money);
      • transferring your Otto User’s Account and/or user ID to another party without our consent; and
      • leave a vehicle unlocked or running with the keys inside, except were instructed to do so directly by Otto in certain limited circumstances.
    • Harm or threaten to harm users of our community, including:
      • Harass, stalk, or defame any other Otto user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter in accordance with these Terms;
      • Engage in physically or verbally abusive or threatening conduct;
      • Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity without their permission, including without limitation, photographs of others, personal contact information, payment method details, or account numbers;
      • Treat anyone differently based on their race, ethnicity, religion, gender/gender identity, sexual orientation, disability, age, socio-economic background etc. Discrimination of any kind is not tolerated in the Otto community;
      • Sue or assert legal claims against Otto or an Otto user in any manner prohibited or waived by these Terms
    • Use the Services for unrelated purposes, including to:
      • Contact another Otto user for any purpose other than in relation to a booking, or the use of the Services by such User;
      • Commercialize any content found on the Services or software associated with the Services, including reviews;
      • Harvest or otherwise collect information about users without their and Otto’s consent;
      • Recruit or otherwise solicit any User to join third-party services or websites that are competitive to Otto, without our prior written approval
    • Interfere with the operation of the Services, including by:
      • Interfering with any other User’s listings;
      • Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam);
      • Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pins, denial-of-service attacks, back-doors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Otto or the interests or property of others;
      • Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
      • Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
      • Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Otto name, any Otto trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Otto;
      • Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers;
      • Attempting to probe, scan, or test the vulnerability of any of our systems or network or breach any security or authentication measures;
      • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Otto or any of our service providers or any other third party (including another user) to protect the Services;
      • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information;
      • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
      • Endeavoring to circumvent a suspension, termination, or closure of your Otto Account or the account of another Otto user, including, but not limited to, creating a new Otto Account or listing vehicles affiliated with or registered to an Otto Account holder that has been suspended, terminated, or closed


  2.  TRAFFIC OFFENCES
    • Penalties relating to traffic and/or parking offences are your responsibility and the Host may charge your credit card for any traffic and/or parking offence infringement fees incurred by you.
    • Should the Host receive notice of any traffic or parking offences incurred by you, they will send a copy of any such notice to you and provide the necessary information to the relevant issuing authority for such notices to be directed to you.
    • You have the right to challenge, complain about, query, or object to the alleged offence to the issuing enforcement authority.


  1. CONDITION OF THE VEHICLE AND OPTIONAL EXTRAS
    • Otto does not own the vehicles and extra vehicle features provided through the Services. The Hosts own the vehicles and extra vehicle features offered through the Services. Each Host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition.
    • Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage.
    • If you find damage on your initial inspection and fail to report it, Otto, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period.
    • If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Otto team immediately on our helpline.
    • No responsibility for shared vehicles
      • You acknowledge that Otto is not responsible and shall not be liable for the safety, road-worthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean log book, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
    • Incident reporting
      • You must immediately report any damage to the vehicle you are using to Otto’s helpline.
      • If there has been a collision, the you must remain at the scene of the accident until the police arrive, where required by law, and make a report and record any necessary statements with the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Hosts, or third-party claims administrators (with a copy to Otto) with photographic evidence of the incident, a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. 
      • You are also required to cooperate in any loss investigation conducted by Otto, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Otto staff and the Host. Failure to make a timely report of an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.


  2. VEHICLE THEFT
    • The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the termination of the Services and your account:
      • If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation;
      • If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services via a call to Otto or messaging on the Otto platform with express Host confirmation in writing;
      • If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the Host. Any damage to, or loss or theft of, a vehicle occurring prior to the Host inspecting the vehicle upon return at the end of the reservation is the Renter’s responsibility;
      • If you misrepresent facts to the Host pertaining to booking, use, or operation of vehicle;
      • If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period;
      • If you fail or refuse to communicate in good faith with the Host, police, Otto, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism;
      • If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the Host, or who misrepresents or withholds facts to/from the Host or Otto material to the booking, use, or operation of vehicle; and
      • You will be responsible for any private investigation costs Otto deems necessary to recover a vehicle that is not returned. In addition, a KES 10,000 case administration fee will be imposed on you and the host has to report a vehicle as stolen to law enforcement due to it not being returned.
    • Repossession
      • Otto, a hired agent of Otto, or the Host may repossess any vehicle booked through the Services without demand, at the Renter’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these terms and conditions.
    • Missing Vehicles
      • If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the Host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 6 hours after discovering it has gone missing, and cooperate fully with the Host, law enforcement, Otto, and other authorities in all matters related to the investigation.


  3. INSURANCE AND PROTECTION PLANS
    • Otto is not an insurance company and does not insure you. Renters protection plans may be made available through the Services but do not create any insurance or related type of liability on the part of Otto towards the Host, Renter or vehicle. To be eligible for the benefits of a protection plan, you must strictly comply with these terms and conditions.
    • You are financially responsible for working to settle all physical damage to or theft of a booked vehicle that occurs during a trip with the trip including, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether you have your own auto insurance or not.
    • You may be insured against damage to the booked vehicle under your own auto-mobile policies. When you book a vehicle on Otto, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Otto and the Host to make a claim for coverage under any policy of insurance that applies to the loss.
    • You can limit the amount you are obligated to pay out of your own pocket in the event there is damage to the booked vehicle during the booked trip by choosing an insurance protection plan on the Services. The limitation on the amount you may have to pay out of pocket included in any protection plan does not apply whenever:
      • you are driving the vehicle under the influence of alcohol or drugs or in an otherwise cognitively impaired state;
      • the vehicle is in an unsafe or not roadworthy condition during the rental period, and this condition caused or contributed to the damage or loss, and you were aware or should have been aware of the unsafe condition;
      • there is a mechanical or electrical failure caused by improper use of the vehicle. This exclusion also applies to damage to the engine or transmission resulting directly from a mechanical failure, but does not apply to resulting damage to other parts of the vehicle;
      • the vehicle is used in races, speed tests, trials, rallies, contests, or on race or rally circuits, or for testing purposes related to any of them;
      • the vehicle is driven by someone not specified or described when booking the hire as an authorised driver (unless the hirer is a corporation or government department and the driver is authorised by them, subject to all other terms and conditions of the Otto Services);
      • the vehicle is driven by an unlicensed person;
      • the hirer, a nominated driver, or a person under the hirer's authority or control intentionally or recklessly damages or loses the vehicle;
      • the driver commits a traffic offence while driving the vehicle;
      • the vehicle is loaded beyond the manufacturer's specifications;
      • the vehicle is loaded or unloaded outside of a proper road and the driver or attendant of the vehicle is not performing the task;
      • the driver fails to stop or remain at the scene after an accident, as required by law;
      • there are any fines or penalties resulting from the prosecution of a law violation;
      • there are any punctures, cuts, or bursting of tires, or damage to tires caused by braking.
    • Auto liability insurance
      • Most Hosts offering a vehicle for sharing on the Services cannot offer liability insurance to you. All protection plans offered on the Services include coverage under an auto-mobile liability insurance policy. These insurance protection plans will reduce the amount of excess protector fees you will have to pay in the event of damage to the vehicle.


  4. NON-DISCRIMINATION POLICY
    • All members of the Otto community agree not to discriminate against users based on race, gender, ethnicity, religion, sexual orientation, age, national origin, geographic location, disability, or marital status and any other categories as per Kenyan law. You may not;
      • Make any discriminatory statements in writing or verbally based on any of the listed categories;
      • Decline or cancel reservations based on the listed categories; and
      • Impose different terms or conditions or preference to listings based on the listed categories.
    • How do I report discrimination? 
      • Otto can be contacted through the details on its public website on voice call or via WhatsApp or by sending an email to help@ottogoes.com We will investigate each report on a case-by-case basis and may reach out for further information
    • What happens if someone does not comply with our non-discrimination policy?
      • Otto will review any reported incidents and reserves the rights to remove any community members who violate our non-discrimination policy at our sole discretion without informing any members in advance. Further consequences may be pursued based on all legal options available to us.


  5. OTHER LEGAL MATTERS

  • Otto has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement to the fullest extent permissible by the law.
  • Otto reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Otto, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community.
  • If we believe you are abusing Otto, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Otto Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services.
  • Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
  • Policy enforcement
    • When an issue arises, we may consider the User’s performance history and the specific circumstances in applying our Policies.
    • In some circumstances, we may choose to be more lenient with policy enforcement subject to our sole and absolute discretion.
  • Non-disparagement
    • The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity for the other Party.


  1. INDEMNITY
    • You agree to release, defend, indemnify, and hold Otto and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
      • your access to or use of the Services;
      • your violation of these Terms;
      • your User content;
      • your interaction with any other user of the Services; or
      • your booking of and use of a vehicle.
    • Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle.
    • This indemnification provision is a fundamental element of the basis of the agreement between Otto and you.
    • It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.


  1. DISCLAIMERS
    • Otto does not itself provide vehicle sharing, rental services and or insurance services and is not responsible for any acts of omission of any of the Users of its Services (including Hosts), the manufacturers of the vehicles or any third-party provider of services including insurance partners.
    • Otto is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public.
    • The Hosts are not partners, employees, servants or agents of Otto.
    • We provide an online platform where you and car Hosts can meet and share vehicles amongst yourselves subject to these terms and conditions.
    • The services are provided without warranty of any kind, either express or implied.
    • Otto makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
    • Otto makes no warranty regarding the quality of any listings, vehicles, Hosts, guests, extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services.
    • No advice or information, whether oral or written, obtained from Otto, Otto’s Insurance partners, or its service providers or through the Services or content, will create any warranty not expressly made herein.


  2. LIMITATION OF LIABILITY AND WAIVER
    • You surrender, waive and release all your rights to sue or make claims against Otto and its subsidiaries, directors, officers, agents (including third-party administrators and insurance providers), or employees (referred to as "Otto Parties") as well as any Otto user for any damages or losses resulting from the following:
      • Vehicle availability issues;
      • Problems with a vehicle;
      • Vehicle warranty issues including; breaches of warranty by manufacturers or other third parties);
      • Legal or license status of a vehicle, Host (car owner), or Renter (driver);
      • Third-party assessments of a vehicle's value;
      • Actions or inactions of the car Host;
    • You agree that neither Otto nor any other party involved in providing the Services will be held liable for any incidental, special, exemplary, consequential damages (including lost profits, data, goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services) arising from or related to:
      • This Agreement The services provided (including vehicle listings or bookings);
      • Inability to use the services.
    • Otto’s total liability under the agreement or relating to your use of the services will not exceed the greater of the amounts you have paid or owe for bookings via the services or KES 10,000.
    • Unless you are a Renter who booked a vehicle from a Host who declined a protection plan and provided insurance directly to you, you waive your rights to sue or make claims against any Otto user for any damages or losses arising from your use of the services.
    • The limitations of liability and waiver provisions mentioned above are essential components of the agreement between Otto and you. They apply within the limits allowed by applicable law, and any parts deemed void or unenforceable will be removed while the remaining provisions remain in effect.


  1. VEHICLE TRANSFER OR ASSIGNMENT
    • Except as otherwise provided herein, Renters and Hosts agree that nothing in these terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle, or optional extra services Hosts offer, shared through the Services.


  1. LIQUIDATED DAMAGES
    • You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Otto to prove with certainty:
      • engaging in Off-App transactions, as defined in these terms and conditions;
      • using the Otto domains, trademarks, or taglines without Otto's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words;
      • suing or asserting legal claims against Otto or an Otto user in any manner prohibited or waived herein;
      • creating or using an Otto account that has the effect of circumventing Otto’s suspension, termination, or closure of another Otto account.
    • You will pay Otto KES 100,000 per breach in Liquidated Damages to compensate Otto for any such conduct save for intellectual property infringement which will attract a fine of a minimum of KES 1,000,000/-. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty.
    • These liquidated damages provision are a fundamental element of the basis of the agreement between Otto and you.
    • They shall apply to the extent permitted by applicable law, and any aspects that are deemed unenforceable shall be severed while leaving the remainder in effect.


  2. ROUNDING OFF
  • Otto may, in its sole discretion, round up or down amounts that are payable from or to Hosts or Renters to the nearest whole functional base unit in which the currency is denominated (e.g., to the nearest KES, dollar, Euro, pound, or other supported currency) unless explicitly prohibited under applicable law.


  1. CANCELLATION POLICY
    • To ensure simplicity, we offer a cancellation policy that allows for free cancellation up to 24 hours prior to the booking.
    • If you fail to cancel within the 24-hour window or fail to show up at the agreed meeting point between you and the Host, you will be responsible for the full cost, and the Host will receive payment.
    • The Host has the right to terminate the hire and take immediate possession of the vehicle if the Renter fails to comply with any of the terms and conditions of the Services or if the vehicle is damaged.
    • The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the Hosts and your rights under the Services or otherwise.


  2. RETURN OF VEHICLE
    • You are required to return the vehicle to the designated rental location as stated in the booking by the end of the agreed-upon rental period.
    • Alternatively, if you wish to extend the rental, you must obtain the Host's permission and will be responsible for paying additional charges for the extended duration.
    • Failure to comply with this clause and failure to promptly return the vehicle may result in the Host reporting it as stolen to the police. In such cases, the you will be liable to compensate the Host either for the full value of the vehicle or for any additional costs and losses incurred until the vehicle is recovered by the Host.


  3. CORRECT AND UPDATE
    • You can review, correct, update, and edit certain information that has been previously provided to us by you at any time by logging in to your account and reviewing your account settings and profile.
    • You can also access or request a correction of your information by contacting us on any of the helplines listed at https://www.otto.rentals/
    • For your protection, we may need to verify your identity before implementing the request.


  4. ACCOUNT CLOSURE
    • Users who wish to either close or delete their account should send a deletion request via email at help@ottogoes.com or here
    • Please note that we may be unable to delete information needed to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any audits and investigations, to enforce our terms and conditions, and to take other actions reasonably necessary, permitted, or required by applicable law.
    • There may also be residual information that will remain within our databases and other records, which will not be removed.


  5. ACCESS
  • Car Renters and Hosts can request a copy of their personal information pursuant to any information access rights that they may have under applicable laws in their country. We may request proof of identification or re-authentication to verify their access request.


  1. LOCATION DATA
  • You can disable the Otto Application’s access to your device’s location within the device’s settings.


  1. NOTICES
    • You are obliged to immediately notify us of any changes to your contact information.
    • Any notice required to be given under this Agreement shall be sufficiently given if:
      • delivered personally;
      • sent by courier with proof of delivery;
      • sent by registered mail;
      • sent by e-mail or
      • made available via the Otto App or Otto Renter’s Account.
    • Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:
      • if delivered personally, at the time of delivery to the party;
      • if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
      • if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
      • if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.


  2. APPLICABLE LAW AND COURT JURISDICTION
    • These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the Republic of Kenya.
    • Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, may either be determined by a court of competent jurisdiction or may be referred to and finally resolved by arbitration under the Arbitration Act:
      • the number of arbitrators shall be one;
      • the seat, or legal place, of arbitration, shall be Kenya;
      • the language to be used in the arbitrary proceedings shall be English;
      • the governing law of the contract shall be the substantive law of Kenya.


29. AMENDMENTS

  • Otto reserves the right to amend these General Terms anytime by uploading the revised version on its website (https://www.otto.rentals/) and notifying all users (e.g., via e-mail, Otto App, or your Renter’s Account) whenever, in the reasonable opinion of Otto, such amendments are material.
  • Otto shall provide at least 15 days advance notice (e.g., via e-mail, Otto App, or Otto Host’s/Renter’s Account) about amendments that affect the rights of business Users unless:
    • Otto is subject to a legal or regulatory obligation that requires it to amend the Agreement in a manner that does not allow it to respect the advance notice period;
    • The immediate amendment is required to address an unforeseen and imminent danger related to health, safety, or cyber-security risks, or defend the Otto Services, Hosts, or Renters from fraud, malware, spam, or data breaches;
    • You have elected to waive the advance notice period (e.g., they continue to use Otto Services after receipt of the notice of amendment); or
    • In the reasonable opinion of Otto, amendments are beneficial for the Hosts and do not require technical adjustments from them.
  • If you do not agree to the amendments of these terms and conditions or other terms and conditions of the Services, you reserve the right to terminate the Agreement by discontinuing the use of the Otto Services and providing a termination notice to Otto.
  • The termination of the Agreement takes effect on the effective date of the proposed amendment unless otherwise provided in the termination notice.
  • Use of the Otto Services on or after the effective date of the amendment constitutes your consent to be bound by the amended Agreement.


  1. FINAL PROVISIONS
    • If any provision of this Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
    • Any changes to this Agreement will become effective when we post the revised Agreement on the Services or as otherwise indicated.


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