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: Adeline Bach
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 In case of a self-contradictory booking the information collected and displayed systematically (i.e. model, transmission type, time and place) throughout the booking process overrules free-form text entries made by the customer.
1.6 Flight number(s) provided by the customer do not constitute a part of the contract. Entries in the field “special wishes” only become part of the contract if confirmed by us explicitly.
1.7 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:
1.7.1 All information contained on the voucher issued by our company is legally binding for us and any resulting damages will be covered by us.
1.7.2 Further deviations between the local rental contract and our terms that are to the disadvantage of the customer 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.
1.7.3 In case of deviating terms that are in fact or potentially causing a disadvantage to the customer in excess or 250 €, the customer has the right to refuse to sign the local rental contract and cancel the booking free of charge.
1.7.4 This limitation also applies to claims of any third party if they are – for whatever reason – not covered by the third party liability insurance of the local supplier.
1.8 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.
1.9 A cancellation is possible at any time via email or phone. A reason for cancellation does not have to be given. Refunds may be issued only after deducting cancellation fees as listed below:
1.9.1 Cancellations that reach us up until 48 hours prior to the vehicle pick-up are usually free of charge unless a different cancellation policy is displayed and explicitly confirmed throughout the booking process. For cancellations thereafter and when the car is returned early, we charge a cancellation fee amounting to at least 30 % of the rental rate for the remaining rental period, at least one full day's rental rate, and at least €49 (whichever amount is the highest). In La Réunion, no reimbursement is possible after 48 hours prior to the vehicle pick-up.
1.9.3 No cancellation fees will be applied if the cancellation is due to: - a flight canceled by the airline due to COVID-19 - the customer or one of the members of their travel group tested positive for COVID-19 - mandatory quarantine or self-isolation - early departure due to COVID-19 - a government mandated lock-down
1.10 The travel cancellation expenses insurance covers cancellation fees as listed below:
1.10.1 If the cancellation request reaches us before noon (local time) at the day of pick-up, no cancellation fee is charged. If we receive a cancellation later than that, a maximum of one full day's rental rate is charged. In both cases, no reasons have to be given.
1.10.2 In case of an early return, the insurance will cover the cancellation fee only if the customer can prove that he/she is no longer able to use the vehicle due to unforeseen reasons. To simplify the burden of proof we will also accept an outbound flight ticket that has been purchased after receiving the car.
1.10.3 The insurance fee has to be paid within 2 days after receiving the invoice via PayPal, credit card or bank transfer.
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 must ensure that a valid insurance certificate is attached to the windscreen before accepting the car.
2.3 The customer has to return the vehicle in the same condition in which he/she received it.
2.4.1 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.
2.4.2 Campers must be returned with emptied waste tanks (gray water and toilet waste cassette). The vehicle including all equipment must be returned in a clean condition.
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 If the condition of the rental vehicle is giving rise to any cause for complaint, the local car rental must be given the opportunity to amend. Refunds are only possible for the time after we or the local car rental company were made aware about a shortcoming.
2.7.1 For pick-ups, deliveries and collections deviating from the agreed upon time, additional fees may be charged; especially outside of the opening hours of the rental station. If services are required outside of these hours, the customer must seek confirmation during opening hours. Availability of services outside of opening hours is not guaranteed.
2.7.2 If the car is returned with 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.
2.8 Maki Car Rental reserves the right to remedy minor issues within 24 hours without any compensation payable.
2.9 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 1.9).
3.2.1 The car must only be driven by the customer himself/herself. Additional drivers are only allowed if their names have been entered into the rental contract upon delivery. These drivers must fulfill the same aforementioned rules concerning driver’s license and age.
3.2.2 All drivers must be present when the rental contract is signed; if another driver is to be added at a later time, the customer and the new driver must visit a local rental office to register.
3.2.3 The customer is liable for damages to the car, even if they are caused by one of the additional drivers.
3.2.4 Unless stated otherwise, it is only possible to add one additional driver.
3.2.5 In La Réunion, a fee of 29 € is charged per additional driver.
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.
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, and US Dollar. 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 Some price components may have to be paid on site in local currency. In such cases, the respective amounts are stated in the booking process.
4.5 Payment via bank transfer obligates the customer to send 30 % of the invoice total within 7 days after billing. The remaining 70 % must be transferred 14 days prior to the pick-up date. Maki Car Rental will not cover any bank charges for the transfer to our German bank account.
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 The local car rental company may charge fees for additional expenses caused by the customer. For example road side assistance in case of a fully discharged battery, lock-out service, refueling fee (see 2.4.1), cleaning fee (for excessive dirtiness), processing fees for road traffic offenses, damages and repairs. Additional cost may also be charged if the customer requests or causes services to become necessary that differ from the original booking (see e.g. 2.7.1).
4.11 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.
4.12 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.
4.13 Under most circumstances, refunds can only be issued to the same account/payment method that was used for the original payment.
5 Insurance coverage
5.1 All vehicles are under fully comprehensive cover including third party liability and vehicle theft protection. A deductible may be required (see 5.4.1). Loss or damage of the car keys and costs resulting thereof, loss or damage of the GPS device, as well as personal belongings are not covered. Further country specific exceptions can be found below:
5.1.1 In Mauritius, damages on the bottom of the vehicle and to the exterior mirrors are only covered by the SCDW+ insurance package. 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 on the bottom of the vehicle and to the tyres are not included in the cover.
5.1.3 In Reunion, damages on the bottom of the vehicle, damages to glass and tyres as well as all damages due to collision with a bridge, tunnel, tree branch or similar are not included in the cover.
5.1.4 In Romania, damages on the bottom of the vehicle and to the tyres are not included in the cover.
5.2 For road side assistance in case of negligently self-caused problems (especially discharged batteries, damaged tires, lockouts) – regardless of the insurance coverage of the spare parts – a reasonable service fee can be charged.
5.3 Third party liability coverage may be capped at the minimums required by applicable local law if not explicitly stated otherwise during the insurance selection step of our booking process. This restriction applies even without being explicitly noted in the local rental contract.
5.4.1 The deductible and/or deposit varies depending on the selected insurance option. A selection can be made during the booking process. The deductible is the amount up to which the customer must pay for damages, even if those damages are covered under our insurance. The deposit amount is not necessarily identical with the deductible amount. Both amounts will be written on your booking confirmation/voucher. The deposit has to be paid in cash or via credit card (Visa or Mastercard). In La Réunion, the deposit can only be paid via credit card. The name on the credit card must match the name of one of the registered drivers.
5.5 The deductible is applicable on a per incident basis. Damages not covered by the insurance are to be paid in full. After an incident, the rental company may request the deposit to be topped up to the original amount, so that the full deposit is available on case of a further incident.
5.6 The insurance does not cover any damages (if permissible by law):
5.6.1 due to gross negligence or intention.
5.6.2 if driven by a driver not listed in the rental contract or a driver not holding a valid drivers license.
5.6.3 caused by negligent exposure to water (rain, salt water, flooding). Particularly, all vehicles must be parked at least 10 meters away from any water edge.
5.6.4 resulting from driving the roads mentioned in 3.3.
5.6.5 while under the influence of alcohol or other drugs that may impair the ability to drive.
5.6.6 if the vehicle is used for purposes it was not designed for. Particularly, the permitted number of passengers and the overall weight limit may not be exceeded.
5.6.7 while the vehicle is loaded on a ship or ferry.
5.6.8 if commercially transporting passengers.
5.6.9 if partaking in a race.
5.6.10 if transporting dangerous goods.
5.6.11 if pushing, towing or pulling other vehicles.
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 rental car according to the established liability rules of the respective country unless covered by the insurance.
6.3 For damages caused by a known or unknown third party, the customer is only relieved from his/her liability if the damages are expected to be recoverable from the third party. If this is not the case, the customer is liable for the damages up to the amount of the deductible.
6.4.1 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 local rental office must be notified immediately
6.4.2 The customer may loose insurance cover if discussing liability or trying to settle with the opposing party.
6.4.3 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. This information (including a detailed description of the circumstances of the accident and the police report) is to be submitted to the local rental office latest after five working days. In case of a theft, this time frame is reduced to two working days.
6.4.4 The customer is liable for damages if he/she does not fulfill his/her obligation to report the damage on time 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.
6.5.1 After an accident, the car must not be used without the explicit permission of the rental company.
6.5.2 If the car is abandoned, the safety of the car and other participants of road traffic must be ensured.
6.5.3 The customer has a duty to take all suitable actions to avoid unnecessary additional damage.
6.6 Infringements of road traffic regulations or other laws are to be borne by the customer itself.
6.7 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.
6.8.1 If the customer makes repairs without prior authorization by the rental company, no refund payments will be done.
6.8.2 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.
6.9 All these obligations apply to the additional driver(s) as well.
6.10 The liability of the customer ends with the written confirmation of return by the rental company.
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 or Checkout Ltd. respectively). For PayPal payments, 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.