Welcome to Royal Sky Rides, a ride-hailing service operating in Kenya. By registering an account and using our mobile application or website (the “Service”), you agree to these Terms and Conditions. These Terms govern your use of the platform as a Passenger or Driver. Please read them carefully. If you do not agree, do not use our Service. These Terms form a binding agreement between you and Royal Sky Rides (the “Company”).

1. Definitions and Interpretation

  • Company (Royal Sky Rides) refers to Royal Sky Rides, including its affiliates and subsidiaries.

  • Drivers are registered users who offer transportation services through the platform.

  • Passengers are users who request and pay for transportation services.

  • User(s) refers collectively to Drivers and Passengers.

  • Services means the ride-hailing services, including the mobile app and website, provided by the Company to connect Drivers and Passengers.

These definitions apply throughout these Terms. Words like “including” mean “including without limitation.” Any headings are for convenience and do not affect interpretation.

2. Acceptance of Terms

By creating an account, requesting or providing rides, you confirm that you have read, understood, and agreed to these Terms. You also accept any guidelines or policies referred to herein. If you are a Driver, you certify that you meet all Driver eligibility criteria in Section 3. If you are a Passenger, you certify that you meet the Passenger criteria. You understand that we may modify these Terms from time to time, and your continued use of the Service constitutes acceptance of the changes.

3. Registration and Eligibility

  • Age and Capacity: You must be at least 18 years old and legally able to enter into a contract in Kenya. Minors (under 18) cannot register.

  • Account Information: You agree to provide complete and accurate information when registering. This includes your real name, valid email address, phone number, and any required documentation.

  • Driver-Specific Requirements: To register as a Driver, you must:

    • Be at least 24 years old (Kenyan law typically requires 24+ for PSV).

    • Hold a valid Kenyan driver’s license and a valid Public Service Vehicle (PSV) license (Class B for taxis/ride-hail vehicles or appropriate class for your vehicle).

    • Pass any background checks required by law (such as police clearance or NTSA screening) and maintain a clean driving record.

    • Present proof of vehicle ownership (if you own the vehicle) or a signed agreement with the vehicle owner, as required by the Transport Network Companies Regulations 2022.

    • Keep an active Kenya Revenue Authority (KRA) PIN and be tax compliant.

    • Ensure your vehicle is licensed, meets safety standards, and has up-to-date third-party insurance (and any additional insurance required for commercial use).

  • Passenger Requirements: Passengers must register with truthful personal details and maintain a valid payment method. You must use only one account.

We reserve the right to verify eligibility at any time and suspend or terminate any account that fails to meet these requirements.

4. Account Security and Use

  • Username and Password: You are responsible for keeping your account password and PIN confidential. Do not share your login information with anyone. If you believe someone has accessed your account without authorization, contact us immediately at info@royalskyservices.co.ke or 0727 331458.

  • Account Use: Each account is for individual use only. Drivers may not let others use their account to accept rides, and Passengers may not let others take rides on their account.

  • Notification of Breach: You must notify us promptly if you become aware of any unauthorized use of your account or any other security breach.

5. Description of Services

  • Connection Platform: Royal Sky Rides provides a digital platform to connect Passengers with Drivers. We do not own vehicles or employ drivers.

  • No Transport Service: Royal Sky Rides is not a transportation company, common carrier, insurer, or employer of Drivers. Each Driver provides services as an independent contractor.

  • Compliance with Law: All Users must obey applicable laws. Drivers must follow traffic laws and NTSA regulations. Passengers must obey laws during rides. The Company encourages safety: for example, all riders should use seat belts, and Drivers should not use mobile phones while driving.

6. Driver Obligations and Conduct

Drivers agree to:

  • Service Standards: Provide safe, timely, and reliable transportation. Keep your vehicle in good mechanical condition and cleanliness. Use a GPS for routes, unless the passenger specifies otherwise, provided the route is lawful.

  • Professional Conduct: Be courteous and respectful to all passengers. Do not discriminate or harass anyone for any reason (race, gender, religion, etc.). Maintain personal hygiene and ensure the vehicle is tidy.

  • Legal Compliance: Carry all required licenses and permits while driving (valid driver’s license, PSV license, KRA PIN certificate, and evidence of vehicle insurance). Comply with traffic rules and regulations, and do not drive under the influence of drugs or alcohol.

  • Insurance: Maintain valid third-party liability insurance covering your vehicle. Inform passengers about any accidents or incidents. Do not allow passengers to ride without proper safety measures (for example, each passenger must have a seatbelt).

  • Service Area: Operate only in areas where Royal Sky Rides is authorized. Do not solicit fares or services outside the app.

  • Rate Policy: Accept the maximum commission set by law (currently not exceeding 18% per trip). You agree that Royal Sky Rides may deduct a service fee or commission from your fare, not exceeding the legal cap.

  • Payment Handling: Ensure you receive payment properly through the app. Do not request cash from the passenger if the trip is set to be paid digitally, unless specified by the platform.

  • Cancellation by Driver: If you accept a trip, do your best to honor it. Frequent cancellations or no-shows by a Driver may lead to account review or suspension.

  • Data Accuracy: Keep your profile information (vehicle details, contact, address) up to date.
    Failure to comply with these obligations may result in suspension or termination of your Driver account.

7. Passenger Responsibilities and Conduct

Passengers agree to:

  • Booking Accuracy: Provide accurate pickup and drop-off locations. Be ready when you confirm a ride. Provide any needed information about passengers (for example, accessibility needs).

  • Timely Presence: Arrive at the pickup point on time. If you are delayed beyond the driver’s waiting time (usually a few minutes as defined by the app), you may incur a no-show fee.

  • Respectful Behavior: Treat Drivers with courtesy and respect. Do not use offensive language or behave aggressively. Do not smoke, drink alcohol, use drugs, or engage in illicit activities inside the vehicle.

  • Safety: Wear a seatbelt at all times. Do not distract the driver or encourage them to break traffic laws. Do not carry dangerous items, weapons, or illegal goods. The driver may refuse items that violate safety or legal rules.

  • Payment: Pay the fare as indicated in the app. If using a digital payment, ensure your payment method (credit card, M-Pesa, etc.) is valid. If paying cash (where allowed), have sufficient change ready.

  • Cancellations: If you need to cancel a ride, do so through the app promptly. Late cancellations may incur a cancellation fee (see Section 10).

  • Ratings: Provide honest feedback and ratings based on your experience. Do not abuse the rating system.

Passengers who violate these responsibilities may have their accounts suspended. The Company reserves the right to refuse service to individuals whose actions threaten safety or property.

8. Booking Rides

  • Requesting a Ride: Passengers submit a ride request through the app, providing pickup and drop-off locations. The Company will match the request with an available Driver.

  • Acceptance: Drivers may accept or decline incoming trip requests. If a Driver declines repeatedly, their account may be reviewed. Passengers must confirm a ride once matched; failure to cancel or confirm may count as acceptance.

  • Trip Completion: Once a Driver accepts, proceed to the pickup point. The Driver will then transport you to the destination. After arrival, the trip is marked complete in the app.

  • Ride-Sharing: If the Service offers shared rides (multiple passengers per vehicle), you must follow those additional rules (e.g. no more than the allowed number of passengers, wearing seatbelts, etc.).

  • Fares: The estimated fare is shown when you book. The final fare may vary due to changes in route, traffic delays, or tolls.

The Company is not responsible for the quality of vehicles or the manner of driving; these are between Driver and Passenger. However, we may assist in resolving disputes (see Section 18).

9. Pricing and Payment Terms

  • Fare Calculation: Fares are calculated based on distance, time, and any applicable base rates, surge pricing (during peak demand), and applicable taxes or tolls. All fares are expressed in Kenyan Shillings (KES). The app displays an estimated fare before the ride.

  • Payment Methods: Passengers can pay via credit/debit cards, mobile money (such as M-Pesa), in-app wallet, or cash if permitted by the Service. Drivers receive payment through the app (electronic transfer) or directly in cash from the passenger. The Driver’s payout will be the fare minus the Company’s commission or service fee.

  • Company Commission: The Company retains a commission on each fare (not exceeding 18% as regulated). This commission covers operational costs and taxes. The exact percentage or fee structure may be provided to Drivers separately.

  • Taxes: The fare includes any applicable taxes (e.g. VAT). Drivers are responsible for their own income tax obligations. The Company may require drivers to provide proof of KRA tax compliance.

  • Billing Cycle: Drivers are paid regularly (e.g., weekly) for completed trips, net of commissions. Passengers are charged at the end of each trip automatically.

  • Refunds and Adjustments: If a fare calculation error is made, or if the ride is significantly different from what was requested, adjustments may be made by the Company. Any refund of fare or compensation is at the discretion of Royal Sky Rides, subject to our cancellation and refund policy (Section 10).

The Company may update pricing or payment mechanisms, and will notify users of any significant changes.

10. Cancellation and Refund Policy

  • Passenger Cancellations: Passengers may cancel a ride at any time through the app. If you cancel within a short time after booking (as defined by the app), no fee applies. Late cancellations may incur a cancellation fee to compensate the Driver for lost time.

  • Driver Cancellations: Drivers should not cancel accepted trips except for valid reasons (e.g., safety concerns, mechanical issues). Frequent Driver cancellations may lead to penalties or deactivation. If a Driver cancels after reaching the pickup point, the Passenger will not be charged any fare for that trip.

  • No-Show Policy:

    • If a Driver arrives at the pickup location and the Passenger does not appear, the Driver may end the trip and mark it as “no-show.” A no-show fee (as per app policy) may apply.

    • If a Driver is late beyond a reasonable waiting period (as defined by the app or agreed with the Passenger), the Passenger may end the trip without charge, and the Driver may be penalized.

  • Refunds: Refunds of fares or cancellation fees are issued only for billing errors or exceptional circumstances (for example, if no suitable Driver was available and the passenger was charged a cancellation fee). Passengers must request refunds through the app or support. The Company will review refund requests in accordance with applicable consumer laws.

  • Good Faith: Cancellations abuse (excessive cancellations) by any User may lead to suspension.

This Cancellation and Refund Policy aims to treat both Drivers and Passengers fairly while respecting their time and commitments.

11. Rating and Feedback System

  • Mutual Ratings: After each trip, both Drivers and Passengers can rate and review each other (typically on a scale of 1–5). These ratings reflect behavior, punctuality, and safety.

  • Improvement and Enforcement: The Company uses ratings to ensure quality and safety. Accounts with consistently low ratings may be reviewed, suspended, or terminated. We may request individuals to complete additional training or may restrict their use of the Service.

  • Feedback: You agree that the Company may use feedback and ratings in accordance with our policies. We reserve the right to moderate or remove feedback that is offensive, irrelevant, or violates our guidelines.

  • Disputes: If you disagree with a rating or review, you may contact support (info@royalskyservices.co.ke) to explain. However, we do not control third-party opinions, and we cannot promise to change another User’s rating unless we find it violates rules (like fraud or harassment).

12. Insurance and Liability

  • Vehicle Insurance: Each Driver must maintain valid motor vehicle insurance as required under Kenyan law. This typically includes at least third-party liability insurance. Drivers are strongly encouraged to have comprehensive or public passenger liability insurance to cover any injuries or damages occurring during a trip.

  • Accidents and Incidents: In the event of an accident or injury, follow local procedures (call emergency services, inform authorities). Drivers should report incidents to us promptly, and assist Passengers as needed.

  • Passenger Belongings: The Company is not responsible for loss or damage of personal property left in the vehicle. Drivers may return lost items if feasible.

  • No Employer Liability: The Company does not provide employment benefits to Drivers. Drivers are responsible for their own taxes, insurance, and compliance with labor laws. Passengers assume all risk during the ride from the time of pickup to drop-off.

  • Disclaimers: The Service is provided “as is.” Royal Sky Rides does not guarantee uninterrupted service, and is not liable for delays, cancellations by Drivers, or dissatisfaction with the vehicle or driver.

By using the Service, you acknowledge that the Company merely facilitates a contract between independent parties (Driver and Passenger) and does not directly provide transportation.

13. Prohibited Activities

You must not use the Service for any illegal or unauthorized purposes. Prohibited conduct includes (but is not limited to):

  • Transporting unlawful items, including illegal drugs or weapons.

  • Harassment, violence, or hate speech towards anyone.

  • Engaging in fraudulent behavior (fake bookings, payment fraud).

  • Manipulating the ratings or referral systems (e.g. paying for fake reviews).

  • Soliciting business for other services (no unauthorized advertisement or solicitation).

  • Using the Service while impaired by alcohol, drugs, or any condition affecting safe driving or riding.

  • Altering the GPS location or other app data.

  • Violating any applicable laws or regulations during a ride.

Users who engage in prohibited activities will have their accounts suspended or terminated. The Company may cooperate with law enforcement authorities if needed.

14. Use of Data and Privacy

  • Personal Data Collection: We collect personal information necessary to operate the Service, including your name, contact details, location data, trip history, payment details, and device information. Registration requires certain data (like national ID for Drivers, passport or ID number for Passengers).

  • Data Sharing: Your data is used to facilitate rides and payments, communicate with you, and improve the Service. We share necessary information with Drivers (e.g., pickup location, drop-off) and with our payment processors, and may share anonymized data for analytics. We will not sell your personal data to third parties.

  • Legal Compliance: We adhere to Kenya’s Data Protection Act 2019. By using the Service, you consent to our collection, use, and disclosure of your personal data as described in our Privacy Policy. We will keep your data secure and retain it only as long as needed.

  • Location Tracking: For ride tracking and safety, we track Drivers’ and Passengers’ locations when a ride is in progress. You may disable location services outside of rides, but trip coordination requires location access.

  • Communication: We may send you service messages (SMS, email, or in-app) related to your account or rides. You can opt out of marketing messages. For any data privacy inquiries or requests (such as data access or deletion), contact info@royalskyservices.co.ke.

You acknowledge that the Company is registered with the Data Commissioner as required by law and takes reasonable steps to secure your personal information.

15. Intellectual Property

  • Ownership: All content on the Royal Sky Rides platform (branding, logos, text, graphics, software) is the intellectual property of Royal Sky Rides or its licensors.

  • License to Use: We grant you a limited, non-exclusive license to use our app and services according to these Terms. You may not copy, distribute, or create derivative works based on our materials without permission.

  • Feedback: If you provide suggestions or feedback about the Service, you grant us a worldwide, royalty-free license to use or incorporate them into our operations.

You agree not to reverse-engineer or misuse the Service’s technology, and any violation of intellectual property rights will be grounds for account termination.

16. Limitation of Liability

To the maximum extent permitted by law, Royal Sky Rides (including its officers and employees) is not liable for any incidental, indirect, special, or consequential damages arising from your use of the Service. Specifically:

  • The Company is not responsible for any personal injury or property damage that occurs during a ride; liability lies with the Driver’s insurance.

  • We do not guarantee that all rides will be successful or without problem; we do not owe you travel time or rides.

  • We disclaim liability for actions taken by third parties (Drivers, Passengers, or others) on the platform.

  • If applicable law does not allow some of these disclaimers, then Royal Sky Rides’s liability is limited to the maximum extent permitted (e.g., in some cases, the Company may only be liable up to the amount of the fare paid).

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

17. Indemnification

You agree to indemnify, defend, and hold harmless Royal Sky Rides, its affiliates, and their employees or agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of:

  • Your violation of these Terms, including misuse of the Service.

  • Any assertion by a third party (including another User) that your conduct harms them.

  • Any breach by you of laws or regulations while using the Service.

The Company reserves the right to handle any claim or litigation. If we require you to indemnify us, we will give notice of the claim and you may assume control of the defense with counsel acceptable to us.

18. Dispute Resolution and Governing Law

  • Informal Resolution: Before filing any dispute against Royal Sky Rides, you agree to try to resolve the issue by contacting us at info@royalskyservices.co.ke. We will attempt to resolve the dispute in good faith.

  • Arbitration: Any dispute, controversy, or claim relating to these Terms or the Service that cannot be resolved amicably will be settled by binding arbitration under the laws of Kenya. The arbitration will be conducted in Nairobi by an arbitrator agreed upon by both parties. Each party bears its own costs; if the arbitrator awards fees, it will follow Kenyan law.

  • Small Claims: Notwithstanding arbitration, you or we may choose to resolve disputes in a Kenyan small claims court if the claim qualifies for small claims treatment.

  • Waiver of Class Actions: You agree that any arbitration or court proceedings will be on an individual basis and not as a class or consolidated action.

  • Governing Law: These Terms and any dispute will be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.

This clause survives any termination of your relationship with us. If any part of this clause is found unenforceable, the rest will remain in force.

19. Account Suspension and Termination

  • By the Company: We may suspend or terminate your account at any time, with or without notice, for reasons including violation of these Terms, inactivity, or requests by law enforcement. For Drivers, termination will follow any applicable notice requirements of the Transport Network Companies Regulations. If your account is terminated, you lose access to the Service.

  • By You: You may close your account at any time via the app or by contacting us at info@royalskyservices.co.ke. Termination will be effective promptly, but any pending ride obligations or fees must still be settled.

  • Effect of Termination: If we terminate your account, you cannot re-register under a different name without our permission. Any unpaid amounts (fares, charges) remain due after termination.

  • Data After Termination: Upon termination, your profile will be deactivated. We will retain certain data as required by law (for example, for tax or legal purposes) and per our Privacy Policy.

Termination does not limit any rights or obligations accrued prior to termination.

20. Changes to Terms

The Company may revise these Terms occasionally (for example, to reflect changes in law or services). We will notify you of material changes by email or in-app. Continued use of the Service after changes means you accept the new Terms. If you disagree with a change, you must stop using the Service and close your account.

21. Miscellaneous

  • Force Majeure: The Company is not responsible for delays or failures caused by events beyond our control (natural disasters, strikes, war, pandemics, etc.).

  • Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions will remain in effect.

  • Entire Agreement: These Terms (together with any policies or guidelines referenced herein) constitute the entire agreement between you and Royal Sky Rides regarding the Service, superseding any prior agreements.

  • No Waiver: Our failure to enforce any right does not waive that right.

  • Assignment: You may not assign your rights under these Terms. The Company may assign its rights or delegate its duties to affiliates or third parties.

Contact Information: For questions or support, reach us at info@royalskyservices.co.ke or call 0727 331458.

Thank you for choosing Royal Sky Rides. We look forward to providing you with a safe and convenient ride-hailing experience in Kenya.