General Provisions:
- These terms and conditions set out detailed provisions of contracts for the rental of vehicles with Brothers for Car Rental (limited liability company) based in Hurghada, registered under the Commercial Record number 46307 and the Tax Card number: 298-559-307. These Terms and Conditions shall apply to all vehicle rental contracts, unless otherwise provided for in any such contract. In the event of any conflict between the provisions of a rental contract and these Terms and Conditions, the provisions of the rental contract shall prevail.
- A vehicle may be rented out to and driven by a person aged 18 years or older, who has presented his/her valid identity card (or, any other identity document issued in accordance with the laws of the Hirer’s country of residence; in the case of other foreign nationals, a valid passport) and who has had a valid driving license for at least twelve months, provided that the license is accepted in the Arab Republic of Egypt. The requirements described in this section shall apply throughout the rental contract term. If the Hirer or any other person named as the User in the rental contract or any other person authorized by the Hirer in accordance with section 3 of these Terms and Conditions is found not to meet the said requirements; the Lessor may terminate the rental contract without notice.
- The rented vehicle may be driven only by the person named as the User in the rental contract or any other person authorized in writing by the Hirer with the Lessor’s written consent, provided that any of the foregoing persons meets the requirements set out in section 2 of these Terms and Conditions at all times.
- If the Hirer revokes the authorization to drive the rented vehicle, the Hirer shall notify the Lessor of that change immediately. If the Hirer fails to give such immediate notification, the Hirer shall Remedy the Damage suffered by the Lessor as a result of not knowing that the authorization has been revoked.
- The Hirer shall ensure that that these Terms and Conditions and the provision of the rental contract to the extent of the Hirer’s obligations and the steps to be taken in the event of an accident or a breakdown involving the rented vehicle are complied with also by any person authorized by the Hirer to drive the rented vehicle (and shall Remedy the Damage caused by any such person) and shall ensure that each such driver of the rented vehicle is made aware of the duties and obligations relating to the use and operation of the vehicle.
- The rental period shall begin on the earlier of the date stated in the rental contract or on the pick-up date specified in the Vehicle Pick-Up Form, unless the parties to the contract agree otherwise.
- If, after a rental contract is made, the Lessor becomes aware that the pickup of the requested vehicle pick-up may be postponed for any reason whatsoever, the Lessor shall immediately notify the Hirer, and the parties shall agree on a new pick-up date, subject to the Hirer’s rights under the generally applicable provisions of law, provided that the Hirer is a consumer.
- After a rental contract is made, the customer shall make a prepayment equal to the rent amount and additional charges for additional services for the rental period specified in the rental contract. A VAT invoice for the rental amount and all other charges under the rental contract for the entire rental period shall be issued after the rented vehicle is returned (dropped off). If the Hirer agrees to receive VAT electronic invoices or the rental amount and all other charges under the rental contract, the VAT invoice shall be sent to the Hirer’s email address given at the time of booking the rental service or at the time of entering into the rental contract.
- If the rental contract, the vehicle pick-up form or any other document in connection with the rental contract is signed on a portable electronic terminal device, the Lessor shall send the document signed by the Hirer in electronic form to the email address given by the Hirer. In such a case, the Hirer shall not be provided with a printed version of the document.
- Where the Hirer is not a consumer, any dispute arising from or connected with the vehicle rental service shall be resolved by a court of law with jurisdiction over the Lessor’s registered office.
Vehicle Use Rules:
- The Lessor shall provide the Hirer with a vehicle free from any defects that might affect its usability. The Lessor shall not be liable for any mechanical damage to any parts of the rented vehicle to the extent that such damage is a result of the Hirer’s failure to comply with their obligations. The Lessor shall not be liable for items left by the Hirer or any other person driving the vehicle in the car, including in particular documents, cash, securities, valuables and electronic equipment.
- During the rental period, the Hirer or any other person driving the vehicle shall:
- carry with them all such valid documents as may be required for road traffic inspection authorities (i.e. a valid driving license accepted in the Arab Republic of Egypt, a registration document, a vehicle rental certificate.
- keep the rented vehicle and its equipment protected from being stolen (which means locking the doors and activating all of the vehicle’s anti-theft devices every time the vehicle is left; taking care to keep the keys and documents protected outside the vehicle; as well as securing in the same way the items transported in the car owned by the Hirer or another person driving the car,
- maintain the vehicle on a daily basis at their own expense and with their own efforts (which involves checking and topping up the engine oil, coolant and brake fluid, windscreen washer fluid levels, checking the tire pressure levels and tire condition, checking the operation of the indicator lights, dipped headlights and full beam headlights);
- fill the vehicle’s fuel tank only with the fuel type suitable for the vehicle’s engine, as specified in the registration document or in the technical documentation for the vehicle;
- keep the rented vehicle clean, especially taking care when carrying any items that may leave dirt and/or intensive odor in the vehicle.
- The Hirer may not use the rented vehicle not in accordance with the rental contract, these Terms and Conditions and/or against the properties and/or intended use of the vehicle and/or the rules of normal wear and tear. The following (without limitation) is not permitted:
- using the rented vehicle to tow any other vehicle,
- carrying loads in excess of the permissible carrying capacity of the vehicle,
- making any alterations or modifications to the rented vehicle without the Lessor’s written consent,
- The Hirer shall Remedy the Damage resulting from their failure to comply with the provisions of this section.If any modifications as referred to in section 13(d) are made to the rented vehicle, the Lessor may require the Hirer to pay the costs of restoring the vehicle to its original condition and/or to pay for any loss of the value of the vehicle as a result of any alterations.
- If, together the rented vehicle, the Lessor provides the Hirer with any accessories and/or additional equipment in the vehicle (a child seat, a roof box, etc.), the Hirer shall be solely responsible for installing such accessories and additional equipment correctly and may use the same only for the purposes for which they are intended.
Charges:
- The rent is calculated on a 24h-basis (payment period). Any delay in returning the rented vehicle up to one hour shall not result in a charge for another 24-hour period.
- The rent for the rental service shall be charged in advance at the rate applicable when the rental contract is made.
- If the Hirer defaults on payment of the rent for at least two payment periods and fails to make the payment when requested by the Lessor by email or telephone (including a text message), the Lessor may terminate the rental contract without notice and may require the Hirer to pay statutory interest for each day of delay in payment.The rental contract may be terminated with a prior request for payment if the Hirer is not consumer.
Drop off / Replacement:
- identification After the rental period, the Hirer shall return the rented vehicle to the same location from which the vehicle was picked up. The vehicle may be dropped off at a location other than the pick-up place after the time and place of the drop-off and the charge for such a drop-off is agreed upon with the Lessor.
- The rental period may be extended only with the Lessor’s consent. The Hirer must inform the Lessor of their (the Hirer’s) intention to extend the rental period not later than 24 hours before the end of the rental period. If the rental period is to be extended by 24 hours, this must be agreed upon by email, phone or at any of the Lessor’s locations. The Hirer may not withdraw from an extension of the rental period. All requests for extensions of the rental period by more than 48 hours must be made at any of the Lessor’s locations.
- If the rented vehicle is not returned within 24 hours of the end of the rental period, the rented vehicle shall be deemed appropriated by the Hirer and the matter will be reported to the police.
- If the rental contract is terminated without notice, the Hirer shall immediately notify the Lessor of the location of the rented vehicle and return the vehicle to the drop-off location previously agreed upon by the Hirer and the Lessor immediately, but not later than within 12 hours.
- If the rented vehicle is not returned to the location agreed in the rental contract and in accordance with these Terms and Conditions and in the event of the Hirer’s delay in returning the vehicle, the Hirer shall Remedy the Damage resulting from the same. If the rented vehicle is not returned as agreed, the Lessor may arrange for collecting the vehicle, its keys and vehicle documents from the Hirer and may require the Hirer to pay the full costs incurred to collect the vehicle.
- The Hirer shall return the vehicle with the same amount of fuel in the fuel tank as at the pick-up time. If this obligation is not complied with, the Hirer shall Remedy the Damage.
- The Lessor may require the Hirer to Remedy the Damage, which includes the following costs:
- missing equipment and/or parts of the rented vehicle as described in the Vehicle Pick-up Form, plus compensation for interior and/or exterior wear and tear in excess of normal wear and tear;
- damage caused by inappropriate use and/or operation of the vehicle and/or the Hirer’s negligence (damaged mirrors, broken headlights, minor bodywork damage);
- the costs of restoring the rented vehicle to its condition subject to normal wear and tear, including the costs of washing the vehicle and cleaning the seats;
- compensation for loss of the value of the vehicle as a result of an accident involving the vehicle, if the accident was fully or partially the Hirer’s fault, or the fault of any other person driving the vehicle or any passenger, or for loss of the value of the vehicle as a result making any alterations and/or modifications to the vehicle without the Lessor’s consent.
- The Hirer shall Remedy the Damage resulting from loss of any part or equipment of the vehicle and/or of inappropriate use of the vehicle and/or failure to keep the vehicle protected and/or loss of any of the vehicle documents.
- If any of the following: the registration certificate, any of the number plates, the insurance policy, the keys or any other part or item as specified in the Price List is lost by the Hirer, the Hirer shall Remedy the Damage resulting from such loss.
- Where an incident or event is included in the Price List, the Hirer shall Remedy the Damage by making payment of the applicable amount shown in the Price List, but the Lessor reserves the right to claim additional compensation. However, if the Hirer is a consumer, the charge shown in the Price List is only an indicative value of the damage suffered by the Lessor as a result of the incident or event. If the Hirer is a consumer, they shall be liable on a fault basis, subject to any such broader scope of liability as may be prescribed by law. If the Hirer is not a consumer, they shall be exempt from liability only if the incident or event is a result of force majeure circumstances or entirely the fault of the Lessor.
- The Lessor shall be liable to the Hirer for its (the Lessor’s) performance of the rental contract, including for defects in the rented vehicle, in accordance with the provisions of the Egyptian Civil Code, the rental contract and these Terms and Conditions.
- The Hirer may make his complaints also by phone or electronic mail to the Lessor’s email address: Complains@brothersegy.com. The Lessor shall investigate all complaints. Each complaint shall be investigated within 14 days of the date of its receipt, but where additional information is required from the Hirer, then within 14 days of the date of the provision of such information by the Hirer.
Maintenance, Servicing and Repairs:
- The Hirer may not have the rented vehicle repaired, modified, altered, serviced or otherwise dealt with for any repairs and/or servicing without the Lessor’s written consent. If the rented vehicle is/gets broken down and/or is involved in a road accident and/or damaged during the rental period, the Hirer shall notify the Lessor of the same (by calling (+2) 01006693831) and shall follow the Lessor’s instructions. Without the Lessor’s consent, the vehicle may not be driven until the breakdown is eliminated. The Hirer may repair the rented vehicle himself/herself only with the prior consent of the Lessor (given in writing to be valid or by email) regarding the place and scope of the repair. In such a case, the Hirer shall provide the receipts/bills/invoices for the repairs done, return all the parts that have been replaced (if any) and submit a statement describing the circumstances of the breakdown.
- The Lessor shall investigate the matter and, if it finds the repair to have been necessary and that the Hirer is not liable for the breakdown, shall reimburse the Hirer for the costs documented by such receipts/bills/invoices.
Vehicle Damage, Accident and Theft Procedure:
- If the rented vehicle is damaged, involved in an accident, stolen, damaged as a result of a break-in or any other offense, if the vehicle keys are lost, the Hirer shall notify the same to the Lessor immediately (by calling (+2) 01006693831) and follow the instructions received, including (but not limited to) the obligation to report the matter to call the police immediately. Notifying the Lessor of the fact that the rented vehicle has been stolen or that the vehicle keys have been lost will enable the Lessor to locate the vehicle.
- If the Lessor is not notified of any of the circumstances described in the preceding section, the Hirer shall Remedy the Damage resulting from failure to give such notification.
Lessor’s Obligations:
- Unless the rental contract provides otherwise, the Lessor shall not be liable for any damage suffered by the Hirer as a result of the rented vehicle breaking down, being damaged and/or being involved in an accident, unless the damage is a result of the Lessor’s inappropriate performance of its obligations.
- If the rented vehicle is immobilized for longer than 24 hours, the Lessor shall provide a replacement vehicle to the Hirer, provided that the Lessor has a vehicle that may be provided to the Hirer. The time period as specified by the Lessor for providing a replacement vehicle shall begin upon the later of when the Lessor is notified by the Hirer (or the driver of the rented vehicle) of the occurrence of circumstances that immobilized the vehicle or when the Lessor finds that the rented vehicle will be immobilized for more than 24 hours. No rent shall be charged from the Hirer for the period of waiting for a replacement vehicle. If the replacement vehicle is of a class or segment lower than the rented vehicle, the rent amount shall be reduced accordingly, subject to the Hirer’s rights under the generally applicable provisions of law, provided that the Hirer is a consumer.
- No replacement vehicle shall be provided if at least one of the following occurs: the registration certificate is lost; the car keys are lost; or the number plate is lost.
Contracts Made Online:
- A rental contract may be made by completing and accepting an online form, subject to sections 37, 38 and 39 of these Terms and Conditions, based on (a) a Customer’s offer made through the online form available on the Lessor’s website and (b) the Lessor’s statement accepting the Customer’s offer so made.
- When an offer is made by a Customer as described above, the Lessor shall send the Customer a statement of acceptance of the offer or a statement of refusal to acceptance of the offer, in either case within 2 hours of its receipt of the Customer’s offer, to the email address given by the Customer. After receiving the Lessor’s statement of acceptance of the offer, the Customer shall be required to pay all the costs of the rental service (the rent and all other charges as agreed (if any)) or make an advance payment of the costs of the rental service in the amount specified in the offer (Booking Fee). If the period between the time of booking a vehicle and the pick-up time specified by the Customer is shorter than 72 hours, the full cost of the rental service must be paid. The Customer may make payment using any of the methods of payment available on the vehicle booking website.
- If the Lessor cannot provide a vehicle of the class or category requested by the Customer in his online form, the Lessor shall provide the Customer with a vehicle of a higher class or category at the same rate as that for the requested vehicle. The Customer may rescind his rental contract with the Lessor if the Customer does not accept a vehicle of a higher class or category. If the Lessor cannot provide the Customer with a vehicle of a higher class or category, the Lessor may, before the agreed pick-up date, rescind the rental contract, in which case the Lessor shall pay the Customer an amount equal to the Booking Fee. In such a case, the Lessor shall refund to the Customer the full amount of the Booking Fee or the rent amount paid by the Customer as a result of booking a vehicle.
- The Lessor will only accept the Customer’s offer if:
- the Customer accepts the Lessor’s terms and conditions of vehicle rental by providing the Customer’s details as required in the online form available on the Lessor’s website, accepts these Terms and Conditions and if a message is displayed on the Customer’s computer screen confirming that the booking has been successfully accepted;
- the Customer meets the requirements described in sections 2 and 54 of these Terms and Conditions;
- the Customer makes his booking at least 7 hours before the planned pick-up date specified in the online form;
- the Customer makes payment to the Lessor of the full cost of the rental service or of a Booking Fee.
- The Customer may choose not to receive the booked vehicle, in which case the Customer shall notify the Lessor of his rescission of the rental contract. If the period between such notification and the agreed pick-up date/time is shorter than 12 hours, the Customer shall pay an amount equal to the Booking Fee as compensation. In such a case, the Lessor shall refund to the Customer all the amounts paid by the Customer with respect to the rental service in excess of the Booking Fee (within 7 business days or, if the Customer is a consumer, immediately). f the period between such notification and the agreed pick-up date/time is at least 12 hours, the Lessor shall refund to the Customer the full amount paid by the Customer with respect to the rental service or the Booking Fee paid by the Customer.
- The rented vehicle may only be picked up by the Customer personally. At the time of picking up the rented vehicle, the Customer must have the following with him/her:
- his/her valid ID card or, if the Customer is a foreign national, his/her valid passport;
- his/her valid driving license accepted in the Arab Republic of Egypt;
- a payment card or Cash to make payment for the rental service;
- If any person is named in the online booking form as a person authorized to drive the rented vehicle, then the originals of the above documents ((a) and (b)) of each such person must be presented.
- If the Customer or any person named by the Customer in the Personal Details section of the online booking form is found not to meet the requirements described in sections 2 and/or 41 of these Terms and Conditions, the Lessor may rescind the rental contract with the Customer without notice. In such a case, the Booking Fee paid by the Customer shall not be refunded. The Lessor shall immediately refund to the Customer all the amounts paid by the Customer with respect to the rental service, but only in excess of the Booking Fee.
- If the Customer fails to pick the rented vehicle within 12 hours of the agreed pick-up time, the rental contract shall be deemed terminated. In such a case, the Lessor shall immediately refund to the Customer all the amounts paid by the Customer with respect to the rental service, but only in excess of the Booking Fee.
At the time of picking up the rented vehicle, the Hirer must pay a deposit as security for the payment of the amounts to be paid to the Lessor under the rental contract. The deposit may be paid in non-cash or by preauthorization of the payment transaction if the payment is made by payment card.
Personal Data Processing Rules:
The Hirer’s data and/or the data of any person authorized to drive the rented vehicle nay be made available to any institution or authority with the power to impose and enforce the payment of public road tolls pursuant to the Public Roads and fines. If any of the above or similar fines or amounts is imposed on and paid by the Lessor, I agree to compensate the Lessor for each such amount.
The Lessor may process the personal data of the Lessee or the person authorized to drive the vehicle in order to pursue its legitimate interests consisting in:
claiming the payment of receivables on account of the concluded lease agreement (in particular, it concerns the name, surname, address of residence, bank account number of the Lessee, details concerning settlements and payments of the lease agreement), and in such a case the processing shall be carried out until the claims under the contract expire or are earlier satisfied;
securing the property entrusted by the Lessor, particularly in order to locate the rented vehicle in case of its loss, misappropriation or theft and to verify the proper performance of the agreement by the Lessee – including the verification of compliance with the prohibition of leaving the territory of the countries indicated in the agreement and the terms and conditions – (in particular, ID data, location data of the rented vehicle, travel route), and in such case the processing shall be carried out for a period of 6 years of the Lessee’s returning the rented vehicle; wherein providing this data is necessary for the conclusion and performance of the agreement,
testing the quality of services offered by the Lessor after the end of the rental, in particular, making telephone or e-mail.
The Hirer (and any person authorized to drive the rented vehicle) has the right to access his/her personal data, to require its rectification, erasure or to have the processing of such data restricted, as well as the right to object to its processing, the right to require its processing to be discontinued and the right of portability in respect of such data. The Hirer or such other person may exercise such rights by contacting the Lessor.