Preamble

Whereas the first party (lessor) is one of the companies operating in renting the vehicles, and manage its business upon its articles of association in accordance to the holy Islamic Shriah, and the second party (lessee) applied for leasing the vehicle which specifications indicated above. Accordingly, the desire of two parties has been conformed together and agreed on the following:

First: The previous preamble, appendixes, and any other attachments carried and signed by the two parties are considered an integral part of this contract, complementary, and explanatory to the conditions of this agreement, whether these appendixes are signed on the date of contract, or on later dates after the date of contract.

Second: Conditions of contract:

• Upon the lessee’s signing this contract, he declares that he reviewed the conditions and agreed all of them, and he shall declare that he shall comply with the conditions of this contract.
• The minimum extent of period of contract is one day (24 hours) starting from the date and time of the lessee’s receipt, and the a rental amount of a new day will be accounted in case of returning the vehicle after the supposed time (mentioned above) for more than two hours on the same day.
• The lessee shall undertake to renew his driving license, and he shall provide the lessor with a new copy of it before the time of its actual expiration, otherwise, the lessor has the right to withdraw the vehicle and terminate the lease contract.
• The lessee shall return the subject vehicle of this contract to the lessor on the time and date specified in the contract, or upon request of the lessor if necessary, through calling him through the telephone numbers registered in this contract as details which the lessee shall declare their authenticity or any other means.
• If the lessee is willing to extend the period of contract, then he shall appear personally to the headquarter of lessor to determine the period required to be extended, and extend the contract, or make a new contract and the contract shall be extended only through paying the lease invoice for the required period in advance, and if the lessee does not notify the lessor about the extension, then he will be considered to be a dishonest, and then he will be responsible for the same before the Kuwaiti judiciary.
• The lessee shall bear all traffic violations or any legal requirements may be imposed on the vehicle latterly for the period of contract, and he shall not be released except after paying all of these due amounts payable from him even if he received a release from the company as long as these violations are imposed for the period within which the vehicle was under the use of lessee.
• The lessee shall bear the rental amount of vehicle during its existence with the official authorities, if the same is due to a reason attributed to him or by him.
• The lessee shall pay to the lessor the amount of all of what damaged by him or the persons authorized by him on the vehicle, or any objects lost from the vehicle.
• The lessee shall bring the vehicle to the headquarter of company in case of accidents, or damages which afflict the vehicle.
• The lessee may not deliver the vehicle to the ones other than mentioned in the contract, otherwise, he shall bear the responsibility for any damages afflicting the vehicle, lessor, or third parties including the insurance company’s refusal to cover the damages.
• The lessor has the full right to withdraw the vehicle from the lessee without demonstrating the reasons in the following cases:
• Lingering in paying the due payments and invoices.
• If the vehicle is requested by the official authorities in the country.
• If he violates any of articles of this contract.
• In case of not bringing the vehicle to make the periodic maintenance or for the technical inspection if the vehicle book approaches to expire.
• Upon expiration of his driving license, or driving license of the person authorized to drive it, and it has not been renewed, and provide the lessor with a copy of it.
• If he misuses the vehicle.
• Upon expiration of contract.
• The lessor shall be committed with all conditions of insurance policy related to the vehicle including bearing damages, and rates of bearing as mentioned in the appendix of contract including bearing the rates of accidents against unknown person, and the full destruction.
• In case of accidents, or repairs which the period of repair is more than 24 hours, then an alternative vehicle shall be provided to the second party till completing the repair of operating vehicle, and the alternative vehicle shall be subject to all conditions or the operating vehicle.
• The lessee shall fill the fuel dedicated to the vehicle on what existed on the external cover of fuel hole, and mentioned in the maintenance book and approved by the attorney of vehicle, a copy of which is delivered to the lessee, and the latter shall bear all actual damages resulting from not complying with the same.
• The lessee shall undertake not to use the vehicle in transporting persons, objects, or in the competitions, measurement of race, or withdrawing any other vehicles.
• The lessee shall undertake to pay the amount of extra kilometers more than 150 km daily for the counters determined at Fils 100 for each extra one kilometer.
• If the lessee does not return the vehicle before expiration of contract, then the lessee shall bear a rate of 25% of total remaining period.
• The lessee shall not receive a release except after 14 working days after date of delivering the vehicle to the lessor after paying the full dues on the contract, and the lessor may inspect the vehicle technically to determine the amount of total cost of repairs, and damages, if any.
• The lessor may claim the lessee any financial claims upon the signed contract, with the lessee’s bearing all judicial fees, and actual fees of the lawyer resulting from his judicial claim.
• This contract is subject to the laws applied in state of Kuwait, and the Kuwaiti courts shall be the competent authority for reviewing and settling any dispute arising between the two parties in relation to the application of this contract, its interpretation, or execution without contradicting with the provisions of Holy Islamic Shariah.

Insurance Terms and Conditions

Based on the contract made between the first party/ Rekab Automobile Selling, Purchasing and Rental Company

And second party (Lessee , Respected Customer)

Whereas the first party (lessor) shall make the insurance coverage as per the conditions mentioned hereunder towards the second party (lessee).

First: Coverage of known accidents – traffic accident between two or more vehicles:

• To make a coverage to the full loss of vehicle or destruction due to a traffic shock accident, reversion, or fire and the second party shall bring a report of police about the accident within 48 hours after notification, and he shall bring the report of public fire service directorate in case of a fire.
• To cover the front, side, and back jam of the full vehicle.

Coverage of unknown accidents – Unknown accident means that the vehicle driver is out of the vehicle on the time of damage:

• To cover the damage resulting from the damage of vehicle from an unknown authority and till 70% of total wages, and parts (for one authority only) and the coverage shall not include the ranges, toos, tires, ceiling hole, and the second party shall bear the remaining cost and the second party shall also bring the police report within 48 hours after the notification, and he shall also bring the report of public fire service directorate in case of fire.
• To cover the full front jam without bearing.
• Not to cover the side and back jam and the second party shall bear the full cost.
• But in case of theft, the side and back jam shall be covered till 70% after bringing the report of theft from the police station.
• To cover (full losses) due to the damage of vehicle by an unknown authority and till 70% of the insurance amount of vehicle, and the remainder shall be born by the second party with bringing a report of police station about the accident within 48 hours after the notification, and he shall bring a report from public fire service directorate in case of fire.

Second: To exempt of the insurance coverage, any things out of the limits of insurance coverage by the first party, and the second party shall bear them and be responsible for them:

• The damages afflicting the vehicle from beneath due to the negligence of lessee, any of his drivers, or ascending on the pavement.
• The damages resulting from the natural phenomena including the floods, sand winds, tornados, volcanoes, earthquakes, globe vibrations, tempests, and any other natural disasters.
• The loss or destruction which may afflict the vehicle due to the scratch, holes, rust, chemicals, paints, thinner.
• If the second party change the shape, structure of vehicle, fix tires other than the size of original ties, increase the speed of vehicle through increasing the power of machine, change the supports, bears, for lifting it by unsafe way to change its balance.
• The partial theft of any of parts or pieces of vehicle, or full theft resulting from leaving the vehicle (in case of operation) or leaves the keys inside it, or parts stolen after the accident occurrence.
• The loss, or damage afflicting the load of vehicle, or added equipments attached to the vehicle or to any of the personal belongings.
• The loss, or damage due to the increase in the load of vehicle or not fixing the load in a safe way, or if the number of vehicles increases on the time of accidents than the legally determined number specified in the license of vehicle.
• The damage resulting from driving the vehicle in military areas.
• The damage resulting from driving the vehicle after the time of accident.
• The damages resulting from the parts, or pieces falling on the vehicle whether willfully or non-willfully.
• The accident of fire unless due to a traffic accident or traffic shock.
• If the accident occurs during driving the vehicle by a person not authorized by the first party, or in case of driving the vehicle by a person not in a normal condition or he has the forbidden drinks or any drugs.
• If the accident occurs due to driving the vehicle by a driver not holding a driving license from public traffic department in Kuwait, or his license has been withdrawn by the court or pubic traffic department, or the license is unfit for driving such type of vehicles.
• If the accident occurs due to an act committed by the driver willfully.
• If the second party provides untrue details about how the accident occurred.
• If the accident is due to using the vehicle in other than the purpose licensed and permitted by public traffic department.
• The negligence leading to the occurrence of accident or damage, or missing of vehicle by the second party such as putting inflammable substances.
• The damages afflicting the vehicle due to the escape of chase by the police officers whomever its driver or for transporting persons escaped from the police or transporting smuggled or legally forbidden goods.