Agreement & Definitions
These Terms & Conditions constitute a binding legal contract between Frasha Car Hire & Helicopter Charters (“Frasha”, “Company”, “we”, “us”) and the customer, hirer, passenger, or charter client (“Client”, “Hirer”, “you”).
By confirming a reservation, executing a rental handover form, boarding an aircraft, or remitting a booking deposit, you acknowledge that you have read, understood, and agreed to be bound by these terms.
Online or verbal quotes provided through our booking desk are indicative estimates. A booking is only legally confirmed upon receipt of the stipulated deposit and issuance of an official written reservation confirmation from Frasha.
Car Hire Driver Eligibility & Verification
For all self-drive motor vehicle rentals, the named driver(s) must meet the following mandatory requirements:
- Age Criteria: Minimum age of 23 years for economy saloons and compact SUVs; minimum age of 25 years for luxury vehicles, high-performance cars (AMG, Land Cruiser, Range Rover), and specialized safari 4x4s.
- Driving Licence: Must hold a valid, unendorsed Kenyan Driving Licence or an International Driving Permit (IDP) accompanied by an original national driving license, held for a minimum of 2 consecutive years.
- Proof of Identity: Original National ID card (Kenyan citizens) or original valid Passport (foreign nationals) must be presented for physical verification upon vehicle dispatch.
Chauffeur-Driven vs. Self-Drive Regulations
Chauffeur-Driven Charters
- • Standard chauffeur working day is 10 consecutive hours between 06:00 and 20:00.
- • Overtime beyond standard hours is charged at pre-agreed hourly rates.
- • For out-of-town trips (outside Nairobi Metropolitan Area), client is responsible for driver per diem / night allowance or approved accommodation and meals.
- • The chauffeur reserves the right to refuse hazardous routes or requests violating Kenyan traffic safety regulations.
Self-Drive Rentals
- • Client is solely responsible for vehicle care, fluid checks, and safe parking during the rental period.
- • Daily mileage allowance is specified in your written booking quote (unlimited or capped as agreed).
- • Strictly prohibited: racing, off-road driving in non-4x4 vehicles, towing, and carrying goods for commercial hire.
- • Client is strictly responsible for all traffic fines, speeding citations, parking tickets, and toll tariffs.
Fuel Policy & Security Deposit
Fuel Policy: Vehicles are dispatched with a documented fuel level (typically a full tank). The Hirer must return the vehicle with an equivalent fuel level. In the event of a deficit, the Hirer will be billed for fuel shortfall at current pump rates plus a 15% administrative refueling fee.
Security Deposit: For self-drive engagements, a refundable security deposit is mandatory prior to release of the vehicle. Deposits can be pre-authorized via credit card or paid via M-Pesa / bank transfer.
Security deposits are released within 24 to 48 hours of vehicle return following full inspection, confirmation of zero unresolved traffic citations, and verification of fuel levels.
Insurance, Damage Excess & Liabilities
All Frasha vehicles carry comprehensive commercial motor vehicle insurance underwritten by reputable Kenyan underwriters.
Insurance Excess (Deductible):
In the event of an accident, collision, or accidental body damage during a self-drive rental, the Hirer’s maximum financial liability is capped at the stipulated Insurance Excess Deductible, provided no terms of this agreement were violated.
Situations That Void Insurance:
- • Driving under the influence of alcohol, drugs, or narcotics.
- • Vehicle operation by an unregistered or unlicensed driver.
- • Gross negligence, reckless driving, or participation in speed contests.
- • Operating a two-wheel drive saloon vehicle in unauthorized rough terrains or unpaved national park trails.
- • Failure to report an accident immediately to Frasha and secure an official Kenya Police Abstract within 24 hours.
Helicopter Charters & Aviation Oversight
All Frasha aerial charters operate under the strict regulatory standards of the Kenya Civil Aviation Authority (KCAA) and relevant civil aviation regulations.
Aircraft are maintained according to strict manufacturer and KCAA airworthiness directives, flown by commercially licensed pilots holding valid ratings and medical certificates.
Helicopter charter rates are calculated based on flight hours (block-to-block or rotor-turn time) or fixed route package quotes, as specified in your charter agreement. Any client-requested route diversions, holding times, or additional hops will be billed at standard hourly charter rates.
Pilot-in-Command Authority & Weather Safety
Absolute Authority of the Pilot-in-Command (PIC):
Under aviation law, the Pilot-in-Command holds absolute and unquestioned authority concerning aircraft operation, passenger boarding, weather evaluation, flight routing, emergency diversion, and landing suitability. Safety is non-negotiable.
Visual Flight Rules (VFR) & Weather Conditions: Helicopter charters operate under Visual Flight Rules and daylight flying regulations. Charters are strictly subject to safe meteorological conditions (cloud ceiling, visibility, thunderstorms, severe turbulence, mountain downdrafts).
Frasha shall not be held liable for delays, missed connections, or schedule alterations occasioned by weather holds, air traffic control restrictions, or Pilot-in-Command safety decisions. In such events, Frasha will assist with flight rescheduling or offer refunds for un-flown hours as detailed in our cancellation policy.
Passenger Manifests, Weights & Baggage Limits
To comply with KCAA flight clearance protocols, charter clients must submit a complete Passenger Manifest at least 24 hours prior to flight departure.
Accurate individual passenger weights (kg) must be declared. Aircraft have strict Maximum Takeoff Weight (MTOW) thresholds directly affecting fuel range and safety margins.
Helicopter cargo compartments have strict volumetric limits. Soft duffel bags only are permitted; rigid hard-shell suitcases cannot be accommodated.
Cancellation & Refund Policy
Vehicle Hire Cancellations (Self-Drive & Chauffeur)
| Notice Window | Refund / Fee Policy |
|---|---|
| More than 48 hours prior to pickup | 100% refund (less 5% payment processing fee) |
| 24 to 48 hours prior to pickup | 50% cancellation fee retained |
| Less than 24 hours or No-show | 100% of first-day rental fee retained |
Helicopter Charter Cancellations
| Notice Window | Refund / Fee Policy |
|---|---|
| 7 days or more prior to departure | 90% refund (10% retained for flight plan fees) |
| 48 hours to 7 days prior to departure | 50% cancellation charge |
| Within 48 hours of flight departure | 100% cancellation charge (non-refundable) |
| Weather Cancel (Company Initiated) | 100% refund of un-flown hours or free reschedule |
Governing Law & Dispute Resolution
These Terms & Conditions shall be governed by, construed, and interpreted in accordance with the substantive laws of the Republic of Kenya.
Any dispute, controversy, or claim arising out of or relating to this contract shall first be referred to amicable mutual consultation between the parties. In the event agreement is not reached within twenty-one (21) days, the dispute shall be resolved through arbitration administered by the Nairobi Centre for International Arbitration (NCIA) or the competent courts of Nairobi, Kenya.
Need Clarification on Our Terms?
Our reservations and fleet management team is available seven days a week to review custom contracts, corporate retainers, or specific safari itineraries.