1.0 Nature of Agreement
The rights and obligations contained in this these terms and conditions govern your (the "Client") use of Flash’s vehicle(s), equipment and services and are not transferable by the Client. The Client acknowledges that the vehicle and equipment are owned by Flash and that any attempted transfer or sub rent of the vehicle or equipment is prohibited. Flash permits the Client to use the vehicle, equipment and services on the Terms and Conditions of this Agreement only.
2.0 Terms and Conditions of Services
Flash will provide the Client with vehicle rental and related services according to the Terms and Conditions (the “Terms and Conditions”) described in this Agreement.
2.1 Vehicle Rental
Flash will provide the Client with one or more rental vehicles (the “Vehicle” or “Vehicles”) with the following minimum specifications:
- Four wheel drive, air conditioning
The Vehicle is to be equipped with the following equipment (the “Equipment”):
- 1 spare tire, jack and spanner set, floor mats, 1 set of key, 1 first aid kit
Flash may elect to permanently replace the Vehicle with a comparable replacement Vehicle, at any time, if the Vehicle requires maintenance, other work or for any other reason as determined by Flash.
2.1.1 Delivery and Return
Flash will supply the Client with the Vehicle and Equipment in good overall working and operating condition.
It is the responsibility of the Client to check each Vehicle and report any issues or damages, or damaged, missing or defective equipment to Flash prior to usage of the Vehicles. Flash will rectify any issues and damages, or damaged, missing or defective equipment, within reason, prior to usage of the Vehicle by the Client, unless otherwise agreed by the Client.
The Client agrees to return the vehicle(s) to Flash in the same condition as they were rented, subject to fair wear and tear, with the same equipment in good working condition.
The Client is responsible for the cost of tire replacement caused by puncture, tear, burst or other damage. Flash is responsible for replacement due to normal wear and tear.
2.1.2 Authorized Drivers
The only authorised drivers of the vehicle€ are drivers who have been authorised by Flash.
The Client is responsible for covering all fuel costs under this Agreement and must return the vehicle with the same amount of fuel as provided. Failure to return the Vehicle with an adequate amount of fuel will result is a charge equal to the refill amount at the prevailing pump rate plus a FCFA 11.700 excluding tax refueling fee. Only fuel sold at Total, Shell, Petro Ivoire or Oilibya may be used in the Vehicle(s). Under no circumstances is fuel purchased from other filling stations or vendors permitted.
2.1.4 Up-Country Travel
The vehicle(e) cannot be driven Up-Country without advance notice to Flash. Up-Country is defined as anywhere outside of Abidjan District. An additional daily rate may apply for Up-Country travel (see Pricing). Flash reserves the right to modify its definition of Up-Country based on road conditions.
2.1.5 Mileage Limit
The Vehicle(s) will be subject to a mileage limit of 100 kilometers per day per vehicle cumulative over the course of the rental period. Additional kilometers over the limit (“Additional Kilometers”) will be billed to the Client upon completion of the Agreement according to the Pricing section.
2.1.6 Rental Damage and Insurance
The Client will be liable to Flash for all reasonable losses and costs incurred by Flash in the event of loss, damage to or theft of the vehicle(s), its parts, accessories, documents or equipment, third party property damage and third party death or injury, while on rental, if the Client is found to be using the vehicle(s) in contravention of the Terms and Conditions of this Agreement or if the incident creating the said loss or cost to Flash was intentional or as a result of gross negligence.
This liability may include, but is not limited to, the cost of repairs, loss in value of the vehicle(s), loss of rental income, towing and storage charges, third party claims and damages, any cost or liability resulting from third party death or injury, and an administration charge. Any repair, replacement, loss of or damage to a vehicle will be assessed by Flash’s management, maintenance team and/or maintenance partners.
Flash has limited liability insurance coverage for all its vehicle(s) for total/partial vehicle(s) loss, third party property damage and third party death or injury
Flash will not be held liable for any passenger liability. Passenger liability is the responsibility of the Client.
The Client may purchase supplemental or additional insurance as they see fit and at their own cost. Flash's liability protection is primary. Any supplemental insurance purchased by the Client would not become involved until the limits of Flash's liability have been reached.
Vehicle(s) repairs or replacement are valued based on Flash’s assessment.
2.1.7 Responsibility for Property
Flash will not be liable to the Client or any passengers for loss of or damage to property left in the vehicle(s). Such property is entirely at the Client’s own risk.
2.1.8 Prohibited Use of the Vehicles
The Client is authorized to use the vehicle(s) on the Terms and Conditions outlined in this Agreement and at all times to use the vehicle(s) in a responsible manner. If the Client does not comply with these Terms and Conditions, they will be liable to Flash for any liability or reasonable loss incurred by Flash or any damages or reasonable expenses Flash suffers or incurs as a result of the Client’s breach. The Client may additionally lose the benefit of any waivers or insurance. Flash reserves the right to take back the vehicle(s) at any time, and at the Client’s expense, if the Client breaches this Agreement.
The Client must look after the vehicle(s), make sure it is locked, secure and parked in a safe place when not in use and set and use any security device provided. The Client must use seat belts, child seats and other child restraints as appropriate.
If the Client experiences any problem due to accident or mechanical failure, the Client must notify the driver and contact Flash immediately. No one may service or repair the Vehicle without Flash’s prior express permission.
The Client must not use the Vehicle or allow it to be used:
- for sub-renting or to carry passengers or cargo for remuneration;
- to tow or push any vehicle, trailer or other object (without Flash’s express permission);
- when it is overloaded or when loads are not properly secured;
- for carrying any object or any substance which, because of its condition or smell may harm the vehicle(s) and/or delay Flash’s ability to rent the vehicle(s) in the future;
- to take part in any race, rally, test or other contest;
- in contravention of any traffic or other regulations;
- for any illegal purpose;
- to start a journey on highways or outside a city for a journey connecting one city to another after sunset;
- to drive or be driven in restricted areas including, but not limited to, airport runways, airport service roads, restricted military or government areas and associated areas unless the appropriate authorization has been received
The vehicle(s) cannot be driven outside of The Republic of Côte d'Ivoire.
2.2.1 Driver Services
Flash will provide management services for at least 1 (one) driver per vehicle provided under this Agreement. If more than 1 driver is required per vehicle, additional charges will apply.
The Client will be responsible for the day-to-day management of drivers. Day-to-day management includes, but is not limited to, directing drivers on pick-up/drop-off times, routes, other intra-day scheduling, parking, errands, passenger pick-up or any other task performed by the driver while under service to the Client. Flash will not be held liable for the drivers while they are under the Client’s day-to-day management.
2.2.2 Driver Work Hours
A driver may work a maximum of 12 (twelve) hours per day, with such work hours to occur between 6:00 and 22:00 hours.
For any hours that a driver works after 22:00 hours, the Client will be billed an additional fee of FCFA 1400 FCFA per hour.
Where a driver finishes working after 22:00 hours and is required by the Client to return early the next morning, the Client must provide the driver with a transport allowance of FCFA 5000 for the purpose of securing safe transportation to such driver's home.
2.3 Emergency Situations
In any emergency situation, it is the responsibility of the Client to contact the appropriate authorities (such as police, fire, ambulance, private security, private medical, or otherwise) first.
Flash will not represent the Client in any situation.
Pricing specified on this website is subject to change without notice.
Additional Kilometers will be billed at 200 FCFA excluding tax per kilometer.
All charges are calculated in accordance with Flash’s current prices. Prices that are not prepaid are subject to change during the term of the Agreement.
Additional charges may arise from the Client’s use of the vehicle(s) and services during the rental, and may include repairs, loss of or damage to the vehicle(s) or equipment and fines or charges arising from traffic or parking offenses. These charges will be assessed by Flash and invoiced to the Client as necessary.
Prices are subject to 18% VAT, plus 1,5% Tourism Development Tax where applicable.
4.0 Terms of Payment
A deposit may be required to secure the reservation and will be indicated on the invoice. Balance of payment is due as per the invoice. Invoice are to be paid in advance.
Any and all additional charges incurred during the rental are due upon presentment of an invoice from Flash.
In the event of non-payment, Flash reserves the right to terminate the Agreement.
5.0 Refunds and Termination
Deposits are refundable provided notification is given 14 (fourteen) days prior to the first day of the Term of Contract. A refund processing fee of 27 500 FCFA excluding tax per vehicle plus any wire transfer fees will apply.
If the Client elects to terminate or shorten the Agreement while under rental, Flash will refund the Client’s payment for unused days, less an early termination fee equivalent to the cost of 2 (two) days rental. In the event that the Client has accrued additional charges during the Term of Contract, Flash reserves the right to deduct these charges from any refund.
Flash will have the right to terminate this Agreement at its sole discretion.
6.0 Contract Extension
The Client may elect to continue using Flash’s service beyond the Term of Contract by notifying Flash in writing (including by email). Flash will continue to provide its service on a best efforts basis but cannot guarantee availability of its vehicle(s) and services. Any contract extension beyond the Term of Contract will be governed by this Agreement.
Additional charges will apply for any contract extension.
7.0 Warranties, Liability and Indemnities
Each of the Parties warrants that it has the power to enter into this Agreement and has obtained all necessary approvals to do so.
Each of the Parties acknowledges that, in entering this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement and any conditions, warranties or other terms implied by statute or Common Law are excluded from this Agreement to the fullest extent permitted by law.
Each Party (the indemnifying Party) shall indemnify the other Party, its directors and employees and keep the other Party its directors and employees fully indemnified against all actions, claims, proceedings, costs and damages and all legal costs or expenses caused or arising, out of the acts or omissions of the indemnifying Party, its directors, employees and or agents or in breach of this Agreement.
8.0 Force Majeure
Neither Party shall be responsible for delays or failures in performance of this Agreement resulting from Force Majeure which shall include but not be limited to the following:
- Fire, flood, atmospheric disturbance, lighting, storm, typhoon, tornado, earthquake, lightening, epidemic or other acts of God.
- War, riot, blockade, insurrection, acts of public enemies, civil disturbances, terrorism and sabotage and threats of such actions.
- Strikes, lock-outs or other industrial disturbances or labour disputes.
- An act, event or circumstance which is of the type that falls within the description of a force majeure act, event or circumstance set out in clauses above.
In the event of force majeure, the parties shall enter into good faith negotiations directed towards a mutually acceptable resolution of outstanding obligations, which may include any costs resulting from performance failure or delays, or damages or losses. If the parties are unable to reach a mutually acceptable resolution at the conclusion of said good faith negotiations, both the Client and Flash will have the right to terminate this Agreement with immediate effect. Any event of force majeure shall not affect an obligation to pay monies accrued and due under this Agreement prior to the occurrence of the event of Force Majeure.
Neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other Party.
The provisions of this agreement may be varied, supplemented or amended only by an instrument in writing duly signed by the Parties hereto or by their duly appointed attorneys.
No course of dealing and no failure or delay by either Party in exercising any right of power or remedy hereunder shall operate as a waiver thereof or otherwise prejudice that Party’s right, power or remedy.
11.0 Dispute or differences resolution
In case any dispute or difference shall arise between the Parties hereto touching or relating to any matter or thing arising under this Agreement the same shall be referred to the ‘’Tribunal de Commerce d’Abidjan’’.
12.0 Entire Agreement
This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understanding between them relating to this subject matter. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
13.0 Governing Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by the laws of the Republic of Côte d’Ivoire.
This Agreement may be executed in any number of counterparts or duplicates, each of which shall be an original, and such counterparts or duplicates shall together constitute one and the same agreement.
During the term and for 12 months after any termination of this agreement, the Client will not directly or indirectly, on the Client’s own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any contractor or employee to leave Flash or employ or contract any employees or contractors of Flash without explicit written consent.