Terms and legal notice

Legal notice

Contact Germany

Maki Car Rental
Exerzierplatz 3a
D-97072 Wuerzburg

Fon: +49 931 663984 98
Fax: +49 931 663984 99

Contractor is

Indian Ocean Travel Ltd.
Avenue des Perroquets
Flic en Flac
Republic of Mauritus

Director: Harald Buchholzer
Reg. No.: 069955
VAT no.: 20376952

Registered Office

Maki Car Rental
Royal Road 363
Pointe aux Canonniers
Republic of Mauritius

Terms of sale

1 General
1.1 Maki Car Rental is a worldwide car rental broker. The customer will get the exact contact information of the local car rental company immediately following receipt of payment.
1.2 Our service is offered to all customers worldwide. You can make the booking in Chinese, English, French, and German. You can select the language in the upper part of our website. For the Chinese and the English part of the website – especially when submitting a booking – the English version of these terms is applicable.
1.3 Resale/subletting of our services requires prior written consent; different terms of sale apply for such bookings.
1.4 The mutually binding rental contract becomes valid as soon as we confirm the availability of the vehicle. The confirmation of your booking may take up to 48 hours.
1.5 The customer shall – if requested by the local car rental company – sign a car rental contract with the respective company. Should the local rental contract contain any provisions that deviate from the information given by us, the following rules apply:
1.5.1 All information contained on the voucher issued by our company is legally binding for us and any resulting damages will be refunded by us.
1.5.2 Further damages due to deviating terms are refunded up to a maximum of €250. A higher refund is only possible if explicitly confirmed by our customer service prior to signing the contract.
1.5.3 In case of further deviating terms that are to the disadvantage of the customer, the customer has the right to cancel the booking free of charge.
1.6 As a broker, Maki Car Rental can not – under any circumstances – accept liability for material and personal damages or other liabilities that could arise from partaking in road traffic.
1.7 In case the booked car model can not be delivered, another model of equal or higher category (according to our rental rates) can be provided.
1.8 A cancellation is possible at any time without giving reasons via email or phone.
1.8.1 The following rules apply for rental cars: The customer has the right to cancel the booking free of charge until 48 hours prior to vehicle pick up. After that, we charge a cancellation fee of 30 % (at least €49) of the invoice total. This also applies when the car is returned early.
1.8.2 The rules for campers are as followed: There will be no charges up to 26 days prior to vehicle pick up. If canceled between 8 to 25 days prior to pick up date, you will be charged 20 % of the invoice total. From 1 to 7 days prior vehicle pick up, the cancellation fee will be 50 % of the invoice total. The full invoice total will be charged if cancellation takes place on the date of pick up. No refund is applicable if the vehicle is brought back early.
2 Condition of the vehicle and hand-over
2.1 The customer has to present at the time of both hand-overs. Existing damages have to noted in the rental contract.
2.2 The customer has to return the vehicle back in the same flawless condition, in which he received it.
2.2.1 The initial fill level of the fuel tank is indicated on the rental agreement form. If the fuel tank was full initially, the vehicle must be filled up within 3 km of the drop off location. If there is not the same amount of fuel in the tank, the customer will be charged for the missing amount. Penalties may apply depending on the respective partner company. The outstanding amount has to be paid on the spot in cash or by credit card. If the amount of fuel in the tank is more than the initial fuel level, this do not entitle you to get a refund.
2.2.2 The campers must be returned with emptied waste tanks (grey water and toilet waste cassette). The vehicle including all equipment must be returned in a clean condition.
2.3 Maki Car Rental only brokers vehicles that are sanctioned to be used as rental vehicles according to local law. The customer acknoledges that Maki Car Rental has no way to verify this upon delivery of the vehicle. In case of any irregularities regarding this, the customer must immediately inform our customer support team.
2.4 In case the condition of the rental vehicle is not acceptable to you, please report this to the local car rental company and/or our hotline and give them/us the opportunity to amend. Refunds are only possible for the time after we were notified about a shortcoming.
2.5 Should the vehicle be dropped in a bad condition, part of the deposit will be kept to cover the cost. If the exact amount can not be determined beforehand, the worst case will be assumed until the necessary adjustments are made.
2.6 The customer shall bring the car back at the agreed time and place. If there is a delay of more than one hour, the local rental company can charge an additional fee which is equivalent to one day’s rental fee. This fee can be charged even if the belated return would have been possible without further cost at the time of booking.
2.6.1 A camper must be returned on the day of drop off between 8 am and 4.30 pm. Later returns can only be processed on the following day and an extra day will be charged accordingly.
2.7 Maki Car Rental reserves the right to remedy minor issues within 24 hours without any compensation payable.
2.8 In case of a hotel delivery, the customer has to wait outside of the hotel premises or make sure that our representative will be let in at the front gate.
3 Driving permits
3.1 When picking up the car, the customer must provide a driver’s license which is valid in the respective country and first issued at least one year ago. Furthermore, depending on the booked car model, a minimum age of 21 years or more applies for all drivers; the minimum age is displayed throughout the booking process. If the mentioned drivers license cannot be provided or if the customer does not meet the age requirement, Maki Car Rental has the right to cancel the booking at a charge (see 1.8).
3.2 The car can only be driven by the customer himself/herself and one additional driver. The name of this driver will be written in the rental contract upon delivery. This driver must fulfill the same aforementioned rules concerning driver’s license and age. He/she must be present when the rental contract is signed. If the car is driven by any other person, the insurance coverage is void.
3.3 The usage right is restricted to designated streets. There is no permission to drive on dirt roads, off-road, on the beach or on mountain routes. Routes recommended by a satellite navigation system do not lift these restrictions. Damages resulting from improper driving are to be paid by the customer, even if they are caused by the additional driver.
3.3.1 The “Mini Moke” and “Beach Buggy” are not permitted to transport any luggage exceeding 56 x 45 x 25 cm.
3.3.2 The following road restrictions apply for New Zealand: Ninety Mile Beach, Northland, Coromandel, Colville Township to Port Jackson, Queenstown, Skippers Canyon Road, Mt. Cook, Ball Hut Road.
4 Prices and payment
4.1 Online credit card payments can be done in Euro, Pound Sterling, Swiss Francs, US Dollar, Australian Dollar, South African Rand and Mauritian Rupees. Payment by bank transfer and PayPal can only be done in Euro. Payment on site is typically only available in the countries own currency. The currency must be selected during booking and cannot be changed afterwards. The prices that were shown to the customer at the time of booking are part of the contract; later changes in prices do not affect existing bookings. Obvious mistakes regarding prices are not binding.
4.2 Fuel costs are not included in the rental fee.
4.3 Delivery fees can be charged if applicable. These are shown during the booking process, but are not binding until they are confirmed by the local car rental company. If they are raised on rare occasions, the customer can cancel the booking.
4.4 Fees for child safety seats, satellite navigation or the like are only charged if explicitly booked by the customer.
4.5 Payment via bank transfer obligates the customer to send 30 % of the invoice total within 7 days after billing. Maki Car Rental will not cover any bank charges for the transfer to our German bank account.
4.5.1 For rental cars, the remaining 70 % must be sent 14 days prior to the commencement of the hire.
4.5.2 For campers, the remaining 70 % must be sent 5 weeks prior to the commencement of the hire.
4.6 Payment via credit card obligates the customer to send the invoice total within 2 days after billing.
4.7 Payment via PayPal obligates the customer to send the invoice total within 7 days after billing.
4.8 Payment on delivery is only available under certain circumstances. The full amount has to be settled at the time of delivery with Visa, MasterCard or cash.
4.9 If the payment is overdue, Maki Car Rental can cancel the booking without prior notice. In the last 5 days before the time of delivery, Maki Car Rental can change the payment method for unpaid bookings to “payment on delivery” without prior notice. This can result in a change of payment currency.
4.10 To avoid fraud, the customer shall request a signed and numbered receipt for any cash payment. We might refuse to process any claims for questionable cash payments if a receipt cannot be produced.
4.11 If the hand-over of the car happens on a third party parking lot (e.g. at the airport), the customer might be required to pay an exit fee. This fee is reimbursed upon request. Reimbursement can be requested within 60 days by sending an email with proof of payment (receipt or credit card statement). Reimbursement in cash is not possible.
5 Insurance coverage
5.1 All vehicles are under fully comprehensive cover. Damages caused through drunk driving, gross negligence or disregarding of the rental terms are excluded from the insurance cover. Damages on the bottom of the vehicle, loss or damage of the car keys, loss or damage of the GPS device, as well as personal belongings are not covered. The maximum liability sum can be capped according to local practices. Further country specific exceptions can be found below:
5.1.1 In Mauritius, damages to the exterior mirrors are not included in the cover. In case of a cyclone warning of level three or higher, the vehicle may only be used a maximum of two hours after the warning was released.
5.1.2 In the Seychelles, damages to the tyres are not included in the cover.
5.1.3 In Romania, damages to the tyres are not included in the cover.
5.1.4 In New Zealand, the maximum liability sum of the insurance is 1 Million NZ$.
5.2 The deductible and/or deposit amount which has to be paid by the customer is shown during the booking process and depends on the selected insurance option. The deposit amount is not necessarily identical with the deductible amount. The deposit has to be paid in cash or via credit card.
5.3 The deductible is applicable on a per incident basis. Damages not covered by the insurance are to be paid in full.
5.4 The insurance does not cover damages caused by a driver not listed in the rental contract or if the driver does not have a proper drivers license. Also, the insurance does not apply when transporting dangerous goods.
5.5 The travel cancellation expenses insurance covers all cancellation fees. No reasons have to be given. If we receive a cancellation after the time of delivery, one full day has to be paid. The insurance fee has to be paid within 2 days after receiving the invoice via PayPal, credit card or bank transfer.
5.6 All vehicles must be parked at least 10 meters away from any water edge. Salt water damage is not covered by any insurance policy. Driving on roads mentioned in 3.3 negates any and all insurance cover.
6 Accidents, damages and customer liability
6.1 The customer shall handle the car with care. This includes checking for proper driving condition, oil level and tyre pressure. The car shall be properly locked when unattended.
6.2 The customer is liable for damages to and loss of the car or breach of the rental contract according to the established liability rules of the corresponding country if not covered by an insurance.
6.3 The liability of the customer ends with the written confirmation of return by the rental company.
6.4 After an accident, a breakdown, a fire, damage caused by game animals or other damage of the rental car, the customer has to inform the rental company and the police immediately. If the police refuse to register the accident, the customer has to prove this in written form. The customer agrees to cooperate in the investigation of the accident. This includes gathering names, addresses and license plates of all parties involved and to preserve evidence.
6.5 After an accident, the car must not be used without the explicit permission of the rental company.
6.6 The customer is liable for damages if he does not fulfill his obligation to report the damage on time or if the damage is intentional or due to gross negligence (including races) or the customer did not call the police in case of an accident. False statements regarding the circumstances of the accident or damage also cause liability of the customer.
6.7 The customer has a duty to take all suitable actions to avoid unnecessary additional damage.
6.8 Contraventions of road traffic regulations or other laws are to be borne by the customer itself.
6.9 In case of a damage which is due to inappropriate driving or non-compliance with these terms, the contract may be terminated by us prematurely.
6.10 If the customer makes repairs without prior authorization by the rental company, no refund payments will be done.
6.10.1 The following rules apply for New Zealand: Minor repairs costing less than NZ100$ may be undertaken without prior authorization. Receipts must be kept to get the originated costs refunded.
6.11 All these obligations apply to the additional driver, too.
7 Privacy policy
7.1 The following data can be stored by us: name, address, email, telephone numbers and customer number as well as open payments. We use this data to handle and fulfill your booking. It can be given out to the respective local car rental company.
7.2 If the customer chooses to pay by credit card or PayPal, we will pass the necessary details to the corresponding payment service provider (PayPal or Mauritius Commercial Bank/Dialect Payments Pty.). In case you pay via PayPal, we also transmit your postal address and email address so that new PayPal customers do not have to enter this data again during the sign up.
7.3 Our website employs cookies. This enables us to keep the data of a started, but not concluded booking beyond a browser session, for example. Furthermore, this enables us to pay commissions to advertisers. You can prevent this by deleting the cookies in your browser.
7.4 Our website uses Google Analytics, a web analysis software which also uses cookies. To learn more, please refer to their website.
7.5 You have the right to request all information we have stored about you. You can also ask us to correct or delete your personal data. Please use our contact form to do so.
8 Miscellaneous
8.1 The contractor is Indian Ocean Travel Ltd., Pointe aux Cannoniers. Place of jurisdiction is Mauritius.
8.2 There are no oral side agreements. All changes require a written form.
8.3 In case of modifications of these terms, the version that has been active at the time of booking is applicable for the contract. The customer receives a copy of the terms together with the confirmation of receipt via email.
8.4 If a provision of this contract is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this agreement. In this case, both parties are obliged to find a valid solution that comes closest to the original provision.