RED CAR SERVICES TERMS AND CONDITIONS
This is an annual renewable cover that entitles you to the Services in the event that your car is involved in a Court case under the Traffic Act, Road accident, Motor Vehicle breaks down or is stolen.
The comprehensively insured motor vehicle that is the subject of the contract.
The person entitled to the Membership being the applicant.
This is membership where services are offered and limited to a specific car registered with Red Car Services, when membership fees are fully paid and membership is current. Services are offered irrespective of who is driving the member vehicle. Vehicle Membership is not transferable to any other vehicle.
This is membership where services are offered and limited to a specific individual, in exclusion of any other person, while driving or traveling in any personal car up-to 3.0 tons excluding vehicles for PSV use. The member must be a driver or passenger in the broken down vehicle and they must show proof of identity to the Rescue Team by producing their Red Car Services Membership card plus National ID/Passport for services to be offered. Personal Membership is not transferable to any other person and services are only offered where membership fees are fully paid and membership is current.
24 Hour Road Rescue Services provided by Red Car Services which includes 24-hour car breakdown rescue, 24-hour post-theft assistance and 24-hour towing and recovery.
Failure to operate or an interruption of the operation of a vehicle.
Insurance assistance offered following a carjacking or theft of a vehicle.
Emergency mechanical or electrical assistance offered to a broken-down vehicle before more thorough garage assistance can be obtained.
The act of pulling a broken-down car along by means of a chain, cable or towing bar attached to it or by carrying the car on a flatbed truck.
The retrieval of a vehicle from mud, sludge, a ditch, loose sand, water or off-road or the act of placing a rolled vehicle in an upright position.
Where the Member Vehicle is to blame for the occurrence of the accident based on the facts of the accident.
Where the Member Vehicle is not to blame for the occurrence of the accident based on the facts of the accident.
Where the Member Vehicle sustains major damages that disable it rendering it unable to move on its own power.
Where the Member Vehicle sustains minor damages and can move on its own power.
Where the Member's Vehicle is required in a day's court attendance under the Kenyan Traffic Act.
The area within the 30-Kms radius from the Central Business District (CBD) of Nairobi City, Kenya
The Greater Nairobi being the area within which Red Car Services is currently providing the Services or such other region set out in the application form or as shall be notified in writing by Red Car Services to the Member.
1. MEMBERSHIP AND CHARGES
1.1 Red Car Services reserves the right to refuse an application for Membership, or for the renewal of Membership, or for the transfer between categories of Membership, without giving any reason(s) for such refusal.
1.2 An application form for Membership must be completed and submitted together with the applicable fees subscriptions and premiums in cleared funds (“Membership Fees”) for consideration.
1.3 Once accepted, Membership is effective from 30 days after payment of the Membership Fee is paid (“Effective Date”).
1.4 Once Membership is accepted, the Membership Fees are, unless otherwise decided by Red Car Services in its sole discretion, non-refundable.
1.5 Payments by instalments shall be at Red Car Services’ sole discretion. In the event that Red Car Services allows a Member to pay by instalments, the Membership shall automatically lapse where any instalment is not paid on its due date.
1.6 Membership shall be valid for 12 months from the Effective Date (“Membership Year”) and shall be renewed from year to year upon payment of the Membership Fees for each subsequent year, unless terminated in accordance with clause 3.13 below. Membership shall automatically lapse if the renewal fee is not paid on or before the renewal date being the first day after the expiry of the Membership.
1.7 Red Car Services may in its sole discretion change the benefits granted under any category of Membership at any time during a Membership Year or increase the amount of Membership Fees by giving the Member not less than one month’s notice. No Member shall have any claim in respect of services rendered by Red Car Services prior to the date of implementation of any new benefit.
1.8 Red Car Services may in its sole discretion offer a Member a no-claim discount when the Member does not utilize the Services during the Membership Year. The no-claim discount will be deducted from the Membership Fees for the subsequent year.
1.9 All payments are exclusive of VAT unless otherwise stated. Accordingly, VAT and any other applicable taxes shall be paid in addition to the amounts due to Red Car Services whether in respect of Membership Fees or otherwise at the same time and in the same manner as such other amounts are paid.
1.10 Membership is limited to the Member and the Member Vehicle and, unless otherwise agreed, is not transferable or assignable without Red Car Services’ consent which shall be given at Red Car Services’ sole discretion and if granted will, if necessary, be subject to such charges as Red Car Services may specify from time to time. Accordingly, if a Member requests for the Services to be extended to a non-member, or to a non-registered vehicle such Member shall, unless otherwise agreed, be responsible for the additional charges to be paid to Red Car Services based on Red Car Services’ tariffs from time to time and shall fully indemnify Red Car Services against any losses or damage suffered by the non-member or on the non-registered vehicle as a result of the provision of any of the Services.
2. PROVISION OF THE SERVICES
Red Car Services shall provide the Services specified hereunder to the Member in the manner and to the extent hereinafter provided and upon terms and conditions hereinafter provided as part of the benefits to be enjoyed by the Member under this contract.
2.1 Twenty-Four (24) Hour Road Accident Rescue in both ‘Fault’ and ‘Non-fault’ Accidents and whether ‘Major’ or ‘Minor’ accidents. The Services provided by Red Car Services will be limited to:
2.1.1 Informing the traffic police of the occurrence of the accident by telephone or;
2.1.2 Assisting in arranging for the traffic police to attend to the accident and record details of the accident;
2.1.3 Arranging for an ambulance which shall transport the Member to the nearest hospital in the event that the Member is injured during the accident;
2.1.4 Assisting the Member deal with the police at the accident scene. Red Car Services will also assist the Member in recording the statement at the relevant police station and obtaining the police abstract, where option has been purchased. Red Car Services will not in any way be deemed to act as a substitute to the Member in as far as any dealings with the police are concerned. The role of Red Car Services will be advisory and in co-operation with the reasonable directions and requirements by the police at the scene where the accident has occurred and at the police station;
2.1.5 Collating and recording relevant details of the accident to facilitate processing of any motor accident insurance claim by the Member. Red Car Services shall collect on behalf of the Member any information that it may consider relevant in facilitating the motor accident insurance claim. This will include recording the make, model, insurance details, driver’s license details, summary of damage to the Member Vehicle together with any other vehicle involved in the accident, sketch of the accident scene and where possible details of third party persons involved in the accident and witnesses of the accident;
2.1.6 Arranging for transportation of the Member and a maximum of one (1) passenger to a destination of the choice of the Member within the Territory in the event the Member Vehicle is disabled as a result of the accident;
2.1.7 Recovering and towing the Member Vehicle insured comprehensive to a Red Car Club approved garage within the Territory that will undertake repairs of the Member Vehicle provided that the circumstances and the extent of damage of the Member Vehicle will allow such towing. In certain circumstances when the Police have the right to detain the Member Vehicle, towing will only be provided once the Police have released the Member Vehicle to the Member. The contract of repairs is between the Member and the garage the Member has instructed Red Car Services to deliver the Member Vehicle to; and
2.1.8 If required, relaying urgent messages to family, friends and colleagues to inform them of the accident and any resultant delays.
2.2 Twenty-Four (24) Hour Post Theft Assistance – In the event of carjacking or theft of the Member Vehicle the Services will be limited to:
2.2.1 Informing the police and collecting as much information as possible from the Member relating to the carjacking or theft of the Member Vehicle and then passing on this information to the Underwriter for their action;
2.2.2 Where the Member has been abandoned within the Territory, arranging to pick up the Member and transport the Member to the police station to record a statement;
2.2.3 Arranging for an ambulance which shall transport the Member to the nearest hospital in the event that the Member is injured during the carjacking or theft of the Member Vehicle;
2.2.4 If required, relaying urgent messages to family, friends and colleagues to inform them of the incident and any resultant delays;
2.2.5 Advising the Member on the procedures to acquire a police abstract report from the relevant police station; and
2.2.6 Providing towing services in the event that the Member Vehicle is traced within the Territory. Red Car Services will not in any way be deemed to substitute the Member in the recording of any statement with the police and in any dealings with the police. The role of Red Car Services will be an advisory one in co-operation with the reasonable directions and requirements of the traffic police
2.3 TWENTY-FOUR (24) HOUR CAR BREAKDOWN RESCUE
In the event that the Member Vehicle is disabled within the Territory due to a mechanical or electrical breakdown or as a result of any other cause, the Services shall be limited to:
2.3.1 Providing towing services within the Territory during the membership period if the Member Vehicle cannot move on its own power;
2.3.2 Arranging for transportation of the Member and a maximum of one (1) passengers to a destination of the choice of the Member within the Territory in the event the Member Vehicle is disabled as a result of the breakdown;
2.3.3 Any other services provided in the event that the Member Vehicle is disabled will be provided by Red Car Services at its discretion and using such tools and means approved by Red Car Services.
3. TERMS AND CONDITIONS FOR PROVISION OF THE SERVICES
The Member hereby agrees to the following terms and conditions for the provision of the Services
3.1 Red Car Services shall in its sole discretion arrange for a rescue team to undertake a rescue of the Member Vehicle.
3.2 The Services shall only be provided:-
3.2.1 to the Member Vehicle alone in exclusion of any other vehicle. In cases where the Services are provided to the passengers as provided in this membership it is hereby declared that the same shall extend to a maximum of one (1) passengers;
3.2.2 When Red Car Services has received in writing the details of the Member Vehicle covered under this membership contract;
3.2.3 When the Member Vehicle is located within the Territory;
3.2.4 When the Member and/or the disabled Member Vehicle can be safely reached and serviced with tools ordinarily used by Red Car Services or its agents;
3.2.5 When the Member and/or the disabled Member Vehicle are not located in areas considered by Red Car Services at its sole discretion to be dangerous, inadvisable for travel or inaccessible. The decision whether or not to proceed is at the sole discretion of the Red Car Services rescue team;
3.2.6 Where the disabled Member Vehicle has not been left unattended, unless the Member was unable to remain with the Member Vehicle due to safety or injury reasons;
3.2.7 When the Member Vehicle has not been impounded by the police; and
3.2.8 When the Membership Fees are up-to- date.
3.3 Red Car Services rescue teams are trained and equipped to carry out emergency roadside mechanical and electrical first aid and are not in a position (and should not be expected) to comment on the general safety or roadworthiness of a vehicle after a breakdown or an emergency roadside mechanical and electrical first aid service. In addition, completion of an emergency roadside mechanical and electrical first aid service cannot be taken to signify or in any way guarantee the general roadworthiness of the vehicle concerned.
3.4 If Red Car Services considers that a locksmith, body, glass or tyre specialist is needed, it will endeavour to arrange their help on the Member’s behalf. Red Car Services, will not, however, pay for their services and the contract for repair will be between the Member and the repairer. Further, if use of a locksmith or other specialist would, in Red Car Services’ opinion, mobilize the vehicle, no further service will be available for the breakdown in question. If, in such circumstances and in the reasonable opinion of Red Car Services, the vehicle concerned requires recovery to any such specialist in order to be mobilized and, in Red Car Services’ view, to effect such recovery specialist lifting equipment (not normally carried by Red Car Services rescue teams) is required,
Red Car Services will, at its own discretion, arrange the relevant recovery but at the Member’s cost. The decision to undertake this is solely at Red Car Services’ discretion.
3.5 If specialist lifting equipment (not normally carried by Red Car Services) is, in the view of Red Car Services, required to provide assistance when the Member’s Vehicle has left the highway, is in a ditch, is standing on soft or muddy ground, sand or shingle or is stuck in water, or which has been immobilized by the removal of its wheels, Red Car Services will arrange recovery but at the Member’s cost. Once the Member Vehicle has been recovered to a suitable location, normal Red Car Services Service will be provided in keeping with the membership entitlement.
3.6 Red Car Services is not under any obligation to transport or to arrange the transport of any animal or goods that it considers dangerous.
3.7 The Services do not include the following:
3.7.1 Routine maintenance and running repairs, such as radios, interior light bulbs, heated rear windows; etc.
3.7.2 the cost of spare parts, petrol, oil, keys or other materials, and garage or other labour required to repair your vehicle;
3.7.3 Any costs or charges connected with the drainage or removal of fuel, lubricants or other fluids due to the introduction of an inappropriate fluid. It is the Member’s responsibility to instruct the repairer as to the work required. Any contract of repair will be between the Member and the repairer;
3.7.4 Red Car Services does not offer the Member services to monitor or follow up repairs at a garage as a result of a vehicle breakdown or during normal service;
3.7.5 Any additional charges resulting from the Member’s failure to carry a legal and serviceable spare wheel(s) or tyre(s). Red Car Services will endeavour to arrange assistance from a third party on your behalf, but will not pay for the cost of the call-out or any repair;
3.7.6 Having the Member Vehicle or vehicle part(s) stored or guarded in the Member’s absence or on the Member’s behalf;
3.7.7 Any personal transportation costs except those indicated herein;
3.7.8 the provision of the Services to the Member Vehicle when it is on private property belonging to a third party – e.g. garage premises, unless the Member can establish to Red Car Services’ satisfaction that the Member has the permission of the relevant owner or occupier;
3.7.9 the provision of the Services or cover to such number of persons as exceeds the number indicated in this cover or to anyone who was not, at such time traveling in the relevant Member Vehicle; and
3.7.10 any ferry or toll charges levied in relation to the Member Vehicle which is being towed, driven or recovered.
3.8 Following an accident, or otherwise, it is and remains the Member’s responsibility to ensure that the Member properly complies with any requirements of the Member’s Insurance Company in making a claim under the Member’s insurance policy.
3.9 The Member acknowledges that part of or all of the Services may be provided by independent contractors not affiliated to Red Car Services.
3.10 While Red Car Services seeks to meet the service needs of Members and shall endeavour to provide prompt and efficient services at all times, its resources are finite and this may not always be possible. Red Car Services shall not be liable for service failures where Red Car Services is faced with circumstances outside its reasonable control. Events which might constitute circumstances outside Red Car Services’ reasonable control include (but are not limited to) traffic jams, Acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of government or authority (including the refusal or revocation of any license or consent), fire, subsidence, explosion, flood, fog or other severe weather conditions, vehicle, equipment or systems failures, shortages of fuel or other necessary supplies, failure of telecommunications lines or systems, default of suppliers or sub-contractors, theft, malicious damage, strike, lock out or industrial action of any kind.
3.11 Red Car Services shall not, in any event have any responsibility for any increased costs or expenses, for any loss of profit, business, contracts, revenue or anticipated savings or for any special, indirect or consequential losses incurred as a result of or in connection with any service or otherwise.
3.12 Red Car Services reserves the right at its own discretion to withhold the provision of any of the Services where:-
3.12.1 The Member is not with the Member Vehicle at the time of disablement, and/or is unable to be present at the time assistance arrives;
3.12.2 Red Car Services is requested to deal with the same or similar fault or cause of breakdown to that attended to in regard to the same vehicle within the preceding Twenty Eight (28) days. It is the Member’s responsibility to make sure that emergency mechanical and electrical first aid carried out by Red Car Services is, where appropriate, followed as soon as possible by permanent repair;
3.12.3 The Member insults, physically abuses or otherwise threatens Red Car Services employees or agents or in the event of dishonesty or fraud by the Member or their agents;
3.12.4 The Member Vehicle was, immediately before breakdown, dangerous, over-loaded or roadworthy;
3.12.5 The Member has falsely represented that he is entitled to a Service that he is not entitled to;
3.12.6 the Member owes Red Car Services money with respect to any Services, spare parts or other matters provided by Red Car Services or by a third party on Red Car Services’ instruction;
3.12.7 a Member Vehicle requires the Services by reason of, or immediately following, participation in any racing, rallying, trials or time trials, auto test or other motor sports event;
3.12.8 The giving of the Services would involve a breach of the law;
3.12.9 There has been an unreasonable delay in reporting the accident, theft or breakdown; and/or
3.12.10 Red Car Services concludes that the Member is misusing the Services or is substituting proper maintenance with the Services or is deemed to be carelessly using the Member Vehicle thus leading to unnecessary and avoidable requests for service And the Member hereby acknowledges that the Services are not meant to be a substitute for proper maintenance of the Member Vehicle and that the Services are limited to situations where the Member is in genuine need of help and not for situations or incidents occasioned by carelessness, omissions or lack of proper maintenance of their vehicle.
3.13 Red Car Services shall have the right to cancel the Membership at any time:
3.13.1 where Red Car Services is or has been entitled to refuse service with respect to such Membership under clause 3.12 above; or
3.13.2 where the relevant permitted maximum call-outs for such Membership as set out in Clause 5 below (Service Control) have been reached or exceeded in any two consecutive membership years; or
3.13.3 if the Membership has been taken out by the individual/member where;
(i) Red Car Services was or is entitled, under sub-clause 3.13.1 of this clause, to cancel an existing or previous membership under which that individual was entitled to the Services or
(ii) such an existing or previous membership has, within the last two (2) years, been subject to the payment of further contributions for the Services or to the payment, or a request for payment, of an increased subscription as a result of high service use under Red Car Services’ Service Control Policy; or
3.13.4 If any amounts due to Red Car Services including Membership Fees are not paid by the due date. In the event of such a cancellation of Membership Red Car Services will not refund to the Member any fees or other amounts received by Red Car Services. This cancellation, where deemed necessary, will be extended to any other vehicle(s) registered for membership with Red Car Services.
3.14 In consideration of Red Car Services providing the Services, the Member voluntarily and knowingly warrants and represents that:-
3.14.1 He shall release and indemnify Red Car Services from and against all risks, known and unknown, inherent in provision of the Services;
3.14.2 he shall completely release, acquit and forever release and discharge Red Car Services, its subsidiaries, its successors, personal representatives and assigns of and from any and all actions, claims, demands, obligations, causes of action, damages, costs, expenses, legal fees and compensation of any kind or nature whatsoever on account of or in any way arising out of, or which in the future may arise as a result of the provision of the Services or any damage caused thereby other than in the event of wilful default or negligence of Red Car Services;
3.14.3 he shall indemnify and hold Red Car Services Limited forever harmless from any action, claim, demand, obligation, causes of action, damages, costs, loss of services, expenses, legal fees and compensation of any kind or nature whatsoever on account of or in any way arising out of, or which in the future may result from the provision of the Services or any damage caused thereby other than in the event of wilful default or negligence of Red Car Services;
3.14.4 He has completely and fully read this contract and particularly the terms and conditions for provision of the Services and that he agrees to the terms and conditions; and
3.14.5 Except as provided herein, the Member accepts and assumes the risks and legal responsibilities for any and all losses or damage, which may result from the provision of the Services.
3.15 Red Car Services reserves the right to vary, amend or replace all or any of these conditions at any time without prior notice. Red Car Services shall notify the Member of any changes made to these conditions as soon as is practicable but failure to make such notification shall not invalidate the changes.
4. PROCEDURES FOR ELIGIBILITY FOR THE PROVISION OF THE SERVICES
4.1 A Member shall be eligible for Services only while his Membership is effective and the Membership Fees are paid up to date and current.
4.2 The Member shall be required to place the Red Car Services membership sticker in a prominent and visible place on the back windscreen of the Member Vehicle and ensure that they carry their membership card with them.
4.3 The Member shall be required to store all the 24-Hour Rescue hotlines in their mobile phone.
4.4 The Member shall ensure that they inform all regular drivers of the Member Vehicles of these procedures.
4.5 The Member will not be assisted unless he calls Red Car Services on its specified hotlines as communicated to the Member from time to time.
4.6 The Member shall provide Red Car Services with a clear map to the Member’s residence which he shall update if he changes residence. The Member shall be liable for all costs incurred by Red Car Services resulting from the dispatch of a rescue team to an incorrect address on the basis of the most current map supplied to Red Car Services.
4.7 The Member shall ensure that he has a valid insurance cover from which he shall obtain compensation for any losses, damage or injury and shall ensure that he complies with the terms and conditions thereof including without limitation payment of excess.
4.8 The Member shall ensure that his insurance cover will compensate him for any accident occurring while the Member Vehicle is being driven by, or under the control of Red Car Services’ employees, servants or agents.
5. SERVICE CONTROL
Service Control is designed to keep Membership affordable and to ensure that the Services are not abused by the Member. Whereas no limit has been placed by Red Car Services on the number of call-outs that can be made in any one subscription per year, Red Car Services reserves the right to place such limit on Members who abuse the Services. Red Car Services will notify in writing the Member found to be abusing the Services of the maximum number of call-outs that he/she can make in the year in question. Unless otherwise specified the maximum call-out limit which will apply in a full subscription year is 6. If the relevant annual call-out limit relating to the membership is approached, Red Car Services will write and point this out to the Member so that the Member has the opportunity to explain the high level of use of the service, before Red Car Services takes further action. If the call-out threshold is reached Red Car Services will be entitled at its discretion to:-
1) Charge a further additional fee for each and every subsequent call-out;
2) Restrict the level of Road Rescue services available to the Member; and/or
3) Extend the call-out limit.
6. LIMITATION OF LIABILITY FOR PROVISION OF THE SERVICES
The Member recognizes and agrees that the potential losses which may be occasioned by any default or failure on the part of Red Car Services, its servants or agents in performing any acts or services or taking any particular precaution, whether or not resulting in a breach of contract or negligence have not been factored. Accordingly:-
6.1 Neither Red Car Services nor its subsidiaries, its employees or agents shall be liable for any negligence, wrongful act, or omission of any other person who provides direct or indirect services to the Member.
6.2 Whereas Red Car Services shall exercise every reasonable care in carrying out its activities, no liability whatsoever shall attach to Red Car Services for any accident, damage or loss to the Member or the Member Vehicle and/or property as a result of any service rendered to the Member.
6.3 Where the Member purchases the membership from a third party, whether an authorized agent of Red Car Services or otherwise, Red Car Services shall not be liable for any losses resulting from any act or omission of such third party.
6.4 The Member confirms that any exclusion of liability hereunder is reasonable in all respects.
6.5 The duty of Red Car Services shall be limited to providing the Services as herein contained in accordance with all the terms and conditions herein contained and shall assume no other liability whatsoever.