1. Purpose
This Damage Responsibility and Contractual Damage Waiver Policy ("Policy") allocates contractual responsibility for evidenced vehicle damage, loss of use, towing, theft and total loss during a booking. DRYVE247 provides no insurance and makes no promise to reimburse a loss. Any optional Damage Waiver must be legally and commercially approved and expressly accepted by the Host and Renter before it applies.
2. Scope
This Policy applies to all Renters, Approved Drivers, Hosts, and Fleet Operators participating in any reservation completed on the Platform.
3. Definitions
All capitalized terms not defined herein shall bear the meanings set forth in preceding documents.
"Trip Damage" means evidenced new physical damage arising during the booking, subject to the responsibility rules in this Policy. The term does not mean that a loss is insured.
"Contractual Liability Limit" means an expressly accepted limit on the Host's recovery from the Renter for specified Trip Damage. It is not an insurer's deductible and does not require DRYVE247 or an insurer to pay the balance.
"Diminished Value" means the loss in market value sustained by a vehicle as a consequence of significant structural accident damage and repair.
"Loss of Use" means the daily revenue lost by a Host while the damaged vehicle is physically undergoing repairs in an authorized garage.
"Waiver Exclusion" means a clearly stated circumstance in which an otherwise valid contractual Damage Waiver does not apply. It cannot determine the rights of an independent insurer or third-party claimant.
4. Parties Covered
This Policy binds the Host and Renter for their contractual damage responsibilities. DRYVE247 facilitates evidence review, dispute handling and authorized payments only; it is not an insurance claims administrator and does not guarantee recovery.
5. Eligibility
If an approved Damage Waiver is expressly included in the booking, eligibility requires the Renter to:
Have booked the trip through the Platform with an authorized payment method;
Have operated the vehicle in full compliance with the Renter Agreement and Prohibited Vehicle Use Policy;
Have completed the mandatory Check-In and Check-Out photographic inspection protocols;
Have reported the incident within the mandatory timelines established in Document 41.
6. Rights
Contractual Damage Waiver: Only an expressly accepted waiver may limit the Host's recovery for its specified losses. The Host bears the waived balance unless its independent insurer pays under the actual policy. The waiver neither promises DRYVE247 reimbursement nor prevents recovery by an insurer or third party with separate legal rights.
Independent Repair Assessment: Both Renter and Host have the right to request an independent repair estimate from an authorized, certified auto-body assessment garage or DVLA-approved engineer if an estimate is disputed.
7. Responsibilities
Renter Baseline Liability: The Renter is financially responsible for:
Substantiated Trip Damage for which the Renter is responsible, subject to any valid, expressly agreed contractual limit;
Interior damage, burns, rips, pet hair contamination, smoke odor, and severe interior soiling;
Tyre punctures, sidewall bulges, rim scrapes, and curb damage resulting from negligent operation;
Misfueling (e.g., placing diesel in a petrol engine or vice versa) and associated flushing/engine repair costs;
Traffic tickets, tolls, impoundment fees, and towing charges incurred due to driver fault.
Host Baseline Liability: The Host remains solely financially responsible for:
Normal wear and tear as defined in Document 13;
Pre-existing physical and cosmetic damage documented or evident at check-in;
Internal mechanical failures (engine seizure, gearbox failure, alternator breakdown, radiator leaks, clutch burn-out) resulting from normal operation, age, or maintenance neglect;
Losses resulting from the Host’s failure to maintain valid roadworthiness or insurance coverage.
8. Prohibited Conduct
The following conduct may fall within clearly disclosed Waiver Exclusions. Proven responsibility and applicable law still govern any resulting damage charge:
Permitting an unverified, unapproved driver to operate the Vehicle;
Driving while intoxicated by alcohol, drugs, or impairing substances;
Utilizing the vehicle for illegal acts, street racing, towing, commercial passenger carriage, or off-road excursions;
Operating the vehicle outside authorized geographic boundaries or attempting to cross national borders without written clearance;
Fleeing the scene of an accident or failing to file a Ghana Police Service accident report for an incident involving injury or third-party damage;
Disabling, disconnecting, or tampering with the vehicle’s GPS tracking hardware.
9. Operational Procedures
Damage Waiver Disclosure: Before any optional waiver is offered, obtain legal and business approval of its scope, price, host treatment and consumer disclosures. A waiver label alone does not determine regulatory treatment. This draft does not activate or authorize sale of a waiver product.
Scope and Exclusions: [LEGAL AND BUSINESS APPROVAL REQUIRED: specify which Host recovery rights are waived and all exclusions; do not promise insurance or payment by DRYVE247].
Contractual Limit and Charge: [LEGAL AND BUSINESS APPROVAL REQUIRED: specify the accepted liability limit and any separately disclosed contractual waiver charge; no insurance premium may be charged].
Host Acceptance and Loss Allocation: [LEGAL AND BUSINESS APPROVAL REQUIRED: record express Host and Renter acceptance and the Host's treatment of waived loss; no platform reimbursement or insurer payment is guaranteed].
Incident Damage Protocol: In the event of damage, the Renter must capture detailed photos, retain third-party contact details, contact DRYVE247 Trust & Safety within two (2) hours, and file a formal damage report through the app within twenty-four (24) hours.
10. Evidence and Documentation Requirements
The principle governing all damage charges is: No sufficient pre-trip and post-trip photo evidence, no renter damage charge. To assess damage against a Renter, DRYVE247 must verify:
Pre-trip check-in photos showing the affected area free from damage;
Post-trip check-out photos showing the new damage;
Written repair estimate from a licensed, verified auto-repair garage;
Official Police Accident Report where collision, injury, or major property damage is involved.
11. Payments and Financial Consequences
Deposit Hold: Upon submission of a damage claim, the Renter’s security deposit is frozen immediately.
Damage Charge: After evidence review and notice under Documents 12 and 15, collect only the substantiated, authorized amount payable under the applicable agreement and any valid contractual waiver. Do not collect waived sums or an insurer's excess automatically, and do not recover the same loss twice.
Waiver Exclusions: Where a valid, clearly disclosed exclusion applies, determine any additional liability from the evidence, the contract and law. A platform decision does not conclusively determine tort liability or an insurer's rights.
12 Independent Insurance Responsibilities
No Platform Insurance or Reimbursement: DRYVE247 does not insure the vehicle, compensate the Host, supply secondary cover or guarantee any unpaid balance. Any Damage Waiver is confined to the agreed Host recovery rights and cannot substitute for independent insurance.
Independent Rights: The Host's insurer and third-party claimants retain their rights under the actual policy and law. A Host–Renter waiver does not bind them without a separate valid agreement. All loss calculations must account for recoveries already received.
13. Privacy and Data Protection
Telematics data, crash impact telemetry, speed records, and police reports are processed in strict compliance with the Data Protection Act, 2012 (Act 843) to adjudicate fault and liability.
14. Safety Obligations
Users must prioritize safety. If a vehicle sustains suspension or steering damage, the Renter must not attempt to drive it further; continued operation constitutes gross negligence.
15. Reporting Obligations
Renters must report any collision, rollover, vandalism, glass crack, or mechanical warning light within two (2) hours of occurrence via the in-app emergency channel.
16. Disputes
Disputes over contractual damage charges or a Damage Waiver follow Documents 15 and 59. Insurance coverage and insurer settlement disputes must be pursued directly with the independent insurer and competent authorities.
17. Enforcement
Unpaid, substantiated contractual damage charges may be pursued through lawful recovery procedures, subject to the applicable agreement, dispute rights and any valid waiver. No insurance recovery mandate is created.
18. Suspension and Termination
A Renter who causes significant vehicle damage, engages in reckless driving, or defaults on damage liabilities will face immediate account termination and permanent platform blacklisting.
19. Applicable Law
This Policy is governed by the laws of the Republic of Ghana, including the Contracts Act, 1960 (Act 25), the Civil Liability Act, 1963 (Act 176), and the Insurance Act, 2021 (Act 1061).
20. International Users
International Renters receive the same damage-responsibility disclosures. Only expressly authorized contractual damage charges may be collected under Document 18. DRYVE247 does not provide local or travel insurance or handle an insurer claim after departure.
21. Amendments
Changes to contractual damage rules or any approved waiver must be disclosed before acceptance and must not retrospectively increase liability for an existing booking. No amendment may introduce platform insurance without a separate authorized business and regulatory process.
22. Severability
If any provision is declared invalid by a court of competent jurisdiction, all remaining provisions remain fully binding.
23. Contact Information
Contractual Damage Review Desk
DRYVE247 LTD
Email: claims@dryve247.com
Emergency Hotline: [TO BE CONFIRMED BEFORE PUBLICATION]