TERMS OF USE

Introduction

Modification

Eligibility, Registration &Verification

Policies & Contractual Relationship

Payments

Amendments and Cancellation

Content Provided & Photographs

Intellectual Property Rights

Not a car rental company

Limitation of Liability

Governing Law

Dispute resolution

General provisions

INTRODUCTION

This agreement describes the terms and conditions applicable to the services available on or through the RaC Ghana website, mobile/tablet applications (collectively referred to as the "Site"), and details your responsibilities, thereby limiting the liability of RaC Ghana and its third-party suppliers. These suppliers are the rental car companies and other suppliers that provide rental or other services through this Site (such third parties collectively referred to as the "Rental Service Providers").

BEFORE submitting an account registration form and/or using any of the services on the Site, please read this Agreement carefully. By accessing any area of this Site, users ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these Terms and Conditions, which will constitute our agreement ("Agreement"). You should also read our Privacy Policy, which governs your use of this Site and is referenced in this agreement. If you do not agree with any part of this Agreement, you must discontinue use of this Site.

MODIFICATION

RaC reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these Terms and Conditions periodically. The amended terms shall be eff ctive from and after th d te that they are posted on the Site. Additional terms may apply when you book services on the RaC Ghana site.

ELIGIBILITY

You must be at least 21 years of age and also be a licensed driver to be eligible to order, cancel or modify any services available on RaC. This may vary with the Rental providers as some may have more than 21 years as their eligibility requirement.

The Site is not available to any Users previously removed from the Site due to violation of any of our terms, unless a written notice of reinstatement has been given. All users can access and use this Site only as expressly permitted in this Agreement. You may only use this Site to make legitimate reservations or requests to purchase the products or services offered.

You agree to provide correct and true information in connection with your use of this Site. It is a violation of law to place a Request in a false name or with an invalid method of payment. RaC reserves the right to cancel any car reservation or any other transaction that it reasonably believes to have been fraudulently made.

REGISTRATION

In order to access certain features and services on our platform, users may be required to create an account. You may do so by;

1.  Providing your first and last names

2.  Email address

3.  Location

4.  And creating a password

We will require additional information about yourself after your registration (e.g. a clear photo of your driver’s license, date of birth, gender, etc). When you register as a Rental provider, you will provide us with certain additional information about yourself and your business.

Users agree to provide accurate, current, and complete information during the registration process and to keep their account information updated at all times. Users are responsible for maintaining the confidentiality of their account credentials and for restricting access to their accounts. Users agree to accept responsibility for all activities that occur under their account, whether authorized by them or not. We collect, process, and store user information in accordance with our Privacy Policy. By creating an account, users consent to the collection, processing, and storage of their personal information as described in the Privacy Policy.

By creating an account on our platform, users acknowledge and agree to the terms of this registration section and our Privacy Policy.

VERIFICATION

1.                  By using our se vices, you agre to undergo verification processes to confirm your id ntity, age, drivers licens v lidity and eligibility to rent a vehicle. This may include providing valid identification, such as a driver's license, passport, or government-issued ID, as well as supplementary documentation if required.

2.                  As a rental provider on our platform, you acknowledge and agree to undergo verification processes to confirm your identity, business credentials, and compliance with local regulations governing car rental services. This may include submitting valid business registration documents, insurance certificates, and licenses as required by law. We reserve the right to request additional information or documentation to verify the authenticity of your rental listings and ensure the safety and satisfaction of our customers. Failure to provide requested verification may result in removal of your rental listings from our platform.

We reserve the right to refuse service a request to make a reservation if we are unable to verify your information to our satisfaction. We may refuse a car listing if it does not satisfy our requirements.

Additionally, we may conduct periodic re-verification checks to ensure ongoing compliance with our rental policies and procedures.

POLICIES & CONTRACTUAL RELATIONSHIP

1.  This site is owned and operated by RaC Ghana. By using the site and our services, you accept that the process of making a reservation with RaC Ghana is governed by these Terms – although your actual Rental will be governed by the Rental Agreement with your Rental Provider (which you sign at pick-up)

2.  When you make a reservation or rent a car with us, your reservation is (a) partly with us but (b) directly with the Rental Provider. Either way:

our Terms govern the reservation or rental process; when we send you your Rental ID number, you’ll enter a contract with us.

the Agreement between you and the Rental provider governs the Rental itself; when you sign this at the rental counter, you will enter a contract with the Rental Provider (but you’ll see and accept the key terms of it while you’re booking your car). RaC is not a party to the terms between you and the Rental provider. ‘Rental Provider’ means the car rental company that provides the car.

3.  When you make a reservation, you agree to the applicable policies as stated throughout the reservation procedure when making a reservation. Any additional policies (about age restrictions, security/damage, extra supplements for group bookings, accepted payment methods, etc.) on our Platform can be found on the Rental provider information pages, during the reservation process, and in the confirmation email. You can also find each Rental provider's cancellation policy there.

4.  You will get you Rental ID number as soon as you make payment to complete your

 

res rvation – but if the R nt l Provider doesn't confirm your payment immediately, we won’t send you your Rental ID number until they have done so.

Rental ID number’ is the number you will give to the Rental provider at the counter to confirm that you truly made the reservation and paid for it.

5.  Any cancellation/no-show fees and refunds resulting from canceled or non-show reservations will be determined by the cancellation/no-show policy of the Rental provider.

6.  Please let the Rental provider know when they should expect you if you anticipate being late for your pick-up. It is your responsibility to ensure you are on time. We are not responsible for any associated cost if you fail to do so (such as the cancellation of your reservation or any fees charged by the Rental provider).

7.  If there is any mismatch between these Terms and your Agreement with the Rental provider, your Rental Agreement with the Rental provider will apply.

A. What we will do

1.  We provide the Platform on which Rental Providers can promote and sell their cars – and you can search for, compare and rent them.

2.  We don’t guarantee the precise make and model you’re booking (unless we expressly say so). When a car is described as "or similar," it suggests that it could be the same size, have the same type of gearbox, etc. So, the images of the cars are merely for illustration.

3.  Once you have made a reservation;

we will give the Rental Provider the Booking details and your data.

we will send you your Rental ID number which you will take with you to the counter for the car.

B. What you need to do

1.                  You must read and agree to comply with these Terms and the Agreement between you and the Rental Provider - and acknowledge that if you breach them:

you might have to pay additional charges

your reservation might be cancelled

the counter staff might refuse to hand over the keys at the rental counter.

2.                  You must check your Rental's specific requirements, as many details (driving licence requirements, personal information needed, payment cards accepted, etc.) vary per Ren al provide . So please mak sure you carefully read:

these Terms

the key terms of your Agr ement with the Rental provider, which you'll see ome while you are making the reservation.

PAYMENTS

By making a reservation or using our online car rental service, you agree to pay all applicable fees and charges associated with your reservation, including but not limited to rental fees, taxes, surcharges (Percentage of the purchase price) and any additional services or accessories requested. Payments are made directly to the rental providers and all electronic payments shall be made through the payment method provided by the rental provider.

All payments must be made in the currency specified at the time of making the reservation. Any currency conversion fees or charges imposed by your payment provider are your responsibility.

Obvious errors and obvious misprints are not binding. For example: if you make a reservation for a car that was mistakenly offered for a less amount of money compared to that of the actual rental price of the car, (e.g. GHC 10), your booking may be cancelled and we will refund anything you have paid.

In the event of payment disputes or unauthorized charges, please contact our customer support team for assistance.

AMENDMENTS AND CANCELLATIONS

A. Changes to your Reservation

1.                  Cancellation and amendment policies vary depending on the rental provider and the terms of the rental agreement. Any changes or cancellations to your booking must be made in accordance with the provider's policies and may be subject to fees or penalties.

2.                  When your preference changes and you decide to change the type of car or to rent a cheaper one, you can make changes to your reservation anytime before you’re due to pick the car up.

3.                  There is no fee for changing your reservation, but any changes you make may affect the rental price. Sometimes, the only way you can change a reservation is to cancel it and make another one, in which case you may be charged a cancellation fee depending on the Rental provider and the terms of the rental Agreement between you and the Rental provider.

If changing your reservation would change the price or incur a cancellation fee, we will tell you in advance.

B. Changes made by us

4. If we/the Rental Provider need to change your Booking (e.g. if the Rental Provider cannot provide the car), we will tell you as soon as we can. If you don't accept that change, you will be entitled to cancel and claim a full refund (no matter how close the start of your Rental is) but we will have no additional liability for any direct or indirect costs you may incur.

CONTENT PROVIDED

As a rental provider on our platform, you are solely responsible for the accuracy, completeness, and legality of the content you provide, including but not limited to vehicle listings, descriptions, images, pricing, and availability. You represent and warrant that:

1.  You have the legal right to offer the vehicles listed for rent and that they comply with all applicable laws, regulations, and industry standards.

2.  The information and images provided accurately represent the condition, features, and specifications of the vehicles available for rent.

3.  You will promptly update your listings to reflect any changes in availability, pricing, or other relevant information.

4.  You will not engage in any fraudulent, deceptive, or misleading practices, including false advertising or misrepresentation of vehicle details.

5.  You will respond promptly and professionally to inquiries, reservation requests, and customer feedback.

6.  You will maintain the necessary insurance coverage for your rental vehicles.

We reserve the right to review, modify, or remove any content provided by rental providers that violates our terms and conditions or is deemed inappropriate, offensive, or misleading.

PHOTOGRAPHS

We might give Rental providers the choice to have pictures taken of their cars. You acknowledge that only you may use the Images in connection with your RaC listing and tha you will notify us of any n cessary revisions to the photos.

 

You g ant us the license and a ree that RaC, whether in connection with your li ting or not, may reproduce, modify, adapt, publish, translate, distribute or use the Images for marketing, promotion, advertising, and other business reasons in any media or platform without additional permission or payment. This license remains in effect even if you remove or delete your content from our platform.

We may also use automated tools and algorithms to monitor and analyze content provided by rental providers for compliance with our policies and guidelines.

You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses arising out of or related to your content, including but not limited to claims of infringement, defamation, or breach of contract.

INTELLECTUAL PROPERTY RIGHTS

1.  Unless otherwise indicated, RaC Ghana owns all rights to our platform, including its technology, content, trademarks, look and feel, and so on. By using our platform, you consent to use it exclusively for that purpose.

2.  Without the express written consent of RaC Ghana, you are not permitted to monitor, copy, scrape, download, duplicate, or utilize anything else on our Platform for any commercial purpose.

3.  We closely monitor each and every visit to our platform, and we will prohibit users (as well as automated systems) that we believe to be:

performing an excessive number of searches

using any device or software to collect data on prices or other matters

engaging in any activity that puts an excessive amount of strain on our platform.

4.  By uploading a picture to our Platform, you’re confirming that;

you’re allowed to share it with us

you own (or are allowed to use) any intellectual property rights that it contains we’re allowed to use it on our Platform and for any other commercial purposes (including marketing and advertising), on any media, worldwide.

it doesn’t infringe the privacy rights of other people

you accept full responsibility for any legal claims against RaC Ghana related to it.

5.  To be clear, we are not accountable for any images published to our platform and can remove any picture at our discretion (for example, if we find that a picture does not fit the above requirements).

NOTA CAR RENTAL COMPANY

1.                  Ou online platform serves solely as a facilitator connecting customers seeking car rental services with independent car rental providers. We do not own, operate, or control any vehicles offered for rent through the platform.

2.                  We do not provide car rental services ourselves. Instead, we provide a platform where rental providers can list their vehicles, and customers can browse, compare, and book rental vehicles directly from these providers.

3.                  Rental providers using our platform are independent contractors and are not employees, agents, or representatives of our company. We do not exert control over the rental providers' operations, pricing, or terms of service.

4.                  The rental providers are solely responsible for the condition, maintenance, and legality of the vehicles offered for rent, as well as for fulfilling any contractual obligations with customers, including but not limited to, providing the agreed-upon vehicle, insurance coverage, and customer support.

5.                  We are not a party to the rental agreements entered into between customers and rental providers through our platform. Therefore, we shall not be liable for any disputes, damages, or losses arising from rental transactions, including but not limited to, vehicle condition, rental duration, or payment issues.

6.                  Any disputes arising between customers and rental providers must be resolved directly between the parties involved. While we may provide assistance or mediation services to facilitate resolution, we are not obligated to intervene in disputes or provide compensation.

By using our platform, users acknowledge and agree that we are not a car rental company and assume no responsibility or liability for the actions, omissions, or conduct of rental providers or customers.

LIMITATION OF LIABILITY

1.                  Our online platform serves solely as a facilitator connecting customers seeking car rental services with independent car rental providers. While we strive to ensure a seamless experience, we do not own, operate, or control the rental vehicles or the rental providers listed on our platform.

2.                  We shall not be liable for any damages, losses, or injuries arising directly or indirectly from the use of our platform or the rental services provided by the rental providers. This includes but is not limited to, damages resulting from vehicle defects, acciden s, property damage, or personal injury.

3.                  Ou platform may include l nks or integrations with third-party services. We hall not be liable for any damages, losses, or injuries arising from the use of such third-party services, including but not limited to, errors, delays, or security breaches.

4.                  We make no warranties or representations regarding the accuracy, reliability, or completeness of the information provided on our platform, including rental prices, vehicle availability, or rental provider details. We disclaim all warranties, express or implied, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement.

5.                  In no event shall we be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to, lost profits, loss of data, or business interruption, arising from the use of our platform or the rental services provided by rental providers.

6.                  Users acknowledge and agree that they are solely responsible for assessing and mitigating any risks associated with using our platform or renting vehicles from rental providers. Users agree to use our platform and rental services at their own discretion and risk.

By using our platform, users acknowledge and agree to the terms of this limitation of liability section. These provisions shall apply to the fullest extent permitted by applicable law. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.

GOVERNING LAW

1.                  You and RaC agree that these terms and conditions, and any disputes arising from or related to the use of our online platform, shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law provisions.

2.                  Any legal action or proceeding arising out of or related to these terms and conditions shall be brought exclusively in the courts of the Republic of Ghana, and users hereby consent to the jurisdiction and venue of such courts.

3.                  Users waive any right to a jury trial in any proceeding arising out of or related to these terms and conditions.

4.                  Before initiating any legal action, users agree to attempt to resolve any disputes arising from or related to these terms and conditions through informal negotiation or mediation, facilitated by a mutually agreed-upon mediator or mediator service.

 

5.                  If any provision of these terms and conditions is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be severed from the remaining provisions, which shall remain in full force and effect.

By using our The site, users agree to submit to the exclusive jurisdiction of the courts specified herein and waive any objections to the exercise of jurisdiction over them by such courts.

DISPUTE RESOLUTION

1.                  In the event of any dispute, controversy, or claim arising from or relating to the use of our online platform or the rental services provided by rental providers, users agree to first attempt to resolve the matter informally by contacting us directly through the support channels provided on the platform.

2.                  If the dispute cannot be resolved informally, users agree to participate in non-binding mediation facilitated by a mutually agreed-upon mediator or mediation service. The costs and expenses associated with mediation shall be shared equally by the parties involved, unless otherwise agreed upon.

3.                  If the dispute is not resolved through mediation, users agree to submit the dispute to binding arbitration in accordance with the rules and procedures of a recognized arbitration organization mutually agreed upon by the parties. The arbitration shall take place in an agreed-upon jurisdiction and shall be conducted by a single arbitrator appointed in accordance with the agreed-upon arbitration rules.

4.                  Users agree to waive any right to participate in a class action lawsuit or class-wide arbitration with respect to any disputes arising from or relating to the use of our platform. Any claims must be brought on an individual basis and not as part of a class action.

5.                  The decision of the arbitrator shall be final and binding upon the parties, and judgment may be entered in any court of competent jurisdiction. The prevailing party in any arbitration or legal proceeding arising from or relating to these terms and conditions shall be entitled to recover its reasonable attorneys' fees and costs.

By using our platform, users acknowledge and agree to the terms of this dispute resolution section. These provisions shall apply to the fullest extent permitted by applicable law. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.

GENERAL

The Agreement, which includes these Terms, replaces any prior written or verbal discussions between you and RaC regarding your access to and use of the Services. It contains the whole understanding between the two parties. Except for hiring a custodian to manage your cars on your behalf (in the case of rental providers), you may not delegate or transfer any of your legal obligations or rights to a third party.

You remain liable for your obligations under this agreement.