Legal

Terms, conditions, and legal information for using ardena

1. Agreement Overview

By using ardena (the "Platform"), you agree to these terms and conditions. ardena is a peer-to-peer car rental platform that connects vehicle owners ("Hosts") with individuals seeking to rent vehicles ("Renters"). ardena acts solely as an intermediary and is not a party to any rental agreement between Hosts and Renters.

2. Eligibility

To use ardena, you must:

  • Be at least 21 years of age
  • Hold a valid Kenyan driver's license (or international equivalent)
  • Provide accurate identification documents for verification
  • Have a valid payment method registered on the platform
  • Not have any criminal convictions related to driving, fraud, or vehicle theft

3. Terms for Hosts (Car Owners)

As a Host on ardena, you agree to the following:

3.1 Vehicle Requirements

  • Your vehicle must be legally registered in Kenya with valid documentation
  • The vehicle must have valid insurance that covers third-party liability at minimum
  • The vehicle must pass ardena's inspection requirements
  • You must maintain the vehicle in safe, roadworthy condition
  • You must disclose any known defects or issues with the vehicle

3.2 Host Responsibilities

  • Provide accurate descriptions and photos of your vehicle
  • Ensure the vehicle is clean and fueled as agreed before each rental
  • Be available for vehicle handover at the agreed time and location
  • Respond to booking requests within 24 hours
  • Report any incidents or damage immediately through the app

3.3 Pricing and Payments

  • You set your own daily rental rate
  • ardena charges a service fee of 15% on each completed booking
  • Payments are processed within 48 hours after rental completion
  • You are responsible for any applicable taxes on your earnings

3.4 Cancellation by Host

  • Cancellations within 24 hours of booking start incur a penalty fee
  • Repeated cancellations may result in account suspension
  • Emergency cancellations must be reported immediately with documentation

4. Terms for Renters

As a Renter on ardena, you agree to the following:

4.1 Booking and Payment

  • All bookings must be made through the ardena app
  • Full payment is required at time of booking
  • A security deposit may be held and released after rental completion
  • Additional charges apply for late returns, fuel shortages, or cleaning fees

4.2 Renter Responsibilities

  • Only the verified renter may drive the vehicle unless additional drivers are approved
  • Return the vehicle at the agreed time, location, and condition
  • Do not smoke in the vehicle
  • Do not use the vehicle for illegal activities
  • Do not take the vehicle outside Kenya without written Host approval
  • Report any accidents, damage, or mechanical issues immediately
  • Obey all traffic laws—you are responsible for any fines incurred during rental

4.3 Prohibited Uses

Vehicles rented through ardena may NOT be used for:

  • Commercial purposes (taxi, delivery, etc.) unless explicitly approved
  • Racing, off-road driving, or any reckless operation
  • Transporting hazardous materials
  • Any illegal activity
  • Towing other vehicles

4.4 Cancellation by Renter

  • Cancellations more than 48 hours before: Full refund
  • Cancellations 24-48 hours before: 50% refund
  • Cancellations less than 24 hours before: No refund
  • No-shows are non-refundable

5. Insurance and Liability

5.1 Insurance Coverage

All rentals through ardena include basic insurance coverage that provides:

  • Third-party liability coverage
  • Collision damage with excess (deductible applies)
  • Theft protection with excess (deductible applies)

The standard excess/deductible is KSh 50,000. This means the Renter is responsible for costs up to this amount in case of damage or theft.

5.2 Liability Limitations

  • ardena is not liable for any direct agreements made between Hosts and Renters outside the platform
  • ardena is not responsible for personal belongings left in vehicles
  • ardena's liability is limited to the fees paid for the affected booking
  • Neither party may hold ardena liable for consequential damages

5.3 Accidents and Damage

  • Any accident must be reported to police and ardena within 24 hours
  • A police abstract (P3 form) is required for all accident claims
  • Failure to report may void insurance coverage
  • The Renter is liable for damage caused by negligence or prohibited use

6. Dispute Resolution

  • All disputes should first be reported through the ardena app
  • ardena will attempt to mediate disputes within 7 business days
  • If mediation fails, disputes shall be resolved through arbitration in Nairobi, Kenya
  • These terms are governed by the laws of Kenya

7. Account Suspension and Termination

ardena reserves the right to suspend or terminate accounts for:

  • Violation of these terms
  • Fraudulent activity
  • Repeated cancellations or no-shows
  • Unsafe driving behavior reported by Hosts
  • Damage to vehicles or property
  • Abusive behavior toward other users or staff

8. Privacy and Data

By using ardena, you consent to:

  • Collection of personal information for verification purposes
  • Sharing of necessary information between Hosts and Renters for bookings
  • Use of location data during active rentals
  • Communication via email, SMS, and push notifications

For full details, see our Privacy Policy.

9. Changes to Terms

ardena may update these terms at any time. Users will be notified of material changes via email or in-app notification. Continued use of the platform after changes constitutes acceptance of the new terms.

10. Contact

For legal inquiries or to report issues:

Last updated: January 2025