Terms and conditions

1. terms and conditions

The Lessee shall abide by the following:

a) The Vehicle shall be used fully complying with the Motor Vehicle laws, rules notifications, and other general laws.

b) The rider of the vehicle will have a two wheeler valid driving license and a copy of the driving license of the rider will be provided to the lessor.

c) Rider shall follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act. Lessee is aware of the all the rules mentioned in the Motor Vehicle Act and refrain from;

i) Riding with more than one person as pillion.

ii) Use / riding the vehicle under the influence of alcohol/drugs.

iii) Ride while using electronic gadgets like radio/ music, video, camera, phone by the rider or the pillion.

iv)Using vehicles to carry unlawful/ hazardous material.

v) Using any fuel other than how it is prescribed for the select model.

d) The Rider shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the lessee has to pay all the fines/penalties. If any case is registered by the police authorities against the lessor, being the owner or permit holder of the vehicle, the lessee has to compensate the lessor all costs, fines and legal fees incurred.

e) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, the lessor shall not protect the lessee from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the lessee shall personally be liable for all the loss or damages caused.

f) The Vehicle shall not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law.

g) The Vehicle shall be returned at the time date mentioned in the booking form without any damage.

h) If there is any damage to vehicle, the lessor can charge the amount equal to the cost of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if any to the lessor. In the event of an accident, the lessor shall claim Insurance only if the estimated damage is more than Rs.15000. The lessee shall be liable to pay the full value of damages, if it is below the said limits. In case of the damage being more than the said limits, the lessee has to pay the lessor a deposit of Rs.15000. The lessee shall also be liable for loss of rental during the period the vehicle was down. The lessee shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such accident.

i) The Vehicle can be used only in KARNATAKA STATE LIMITS.

j) All accidents, damages to vehicle, summons or notices issued by police or by court in relation to acts while the vehicle was under the custody of the Lessee shall be intimated within one hour of such incident to the lessor. The Lessee shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases should be reported to the lessor immediately. Any misstatement or concealment is an offence. The lessor shall not protect the lessee with its insurance if the lessee doesn't follow the above instructions.

k) If any authority has penalized or fined, the rider or the vehicle owner in relation to Rider's usage of the Vehicle or while in his/her custody, the lessee shall pay the compensation of such penalty awarded by such authority along with legal costs to the lessor.

l) The lessee is responsible to verify the condition of the bike before hiring and has to take photo/video evidence for the pre existing physical damages. Any pre existing mechanical or electrical problems must be reported to the lessor during pickup. The Lessee shall not hold the lessor or any other person associated, responsible for any loss of life or property due to the condition of the Vehicle. Also, in cases of flat tyre (Puncture), the lessor shall not be responsible for refund of any kind incurred to fix the same.

m) Lessee/ Rider cannot use the vehicle for any type or speed contests or competitions or racing and adventurous activities. You shall not use the Vehicle for Any or all type of stunts causing danger to yourself or to the pillion or fellow travellers/public.

n) Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited. The lessor shall penalize the lessee if it is found that the lessee has caused excessive wear and tear to the vehicle.

o) Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement of any item of the Vehicle.

p) Lessee will compensate the Lessor for all damages caused to the Vehicle. In case of accidents to the Vehicle the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and third party have to be paid by the Lessee.

q) If the accident or damage to the vehicle has been caused due to violation of any rules or riding requirements mentioned herein, then the Lessee has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.

r) Penalty for delay in returning the bike: All bikes are due back at the time and day agreed as per the booking form. If the lessee returns the bike beyond the time specified in the booking form he/she shall be charged a penalty fee of Rs 200/hour per vehicle after a grace period of 30 minutes. In case the vehicle is dropped a day later due to closure of working hours (9am to 8pm) on the previous day, the delay fine will be applied for the entire duration, including night hours.

s) Cancellation policy: If you cancel the booking no refund would be provided.If we cancel the booking due to break down, non availability of the bike or any other reason then we provide 100% refund of the rentals received.

t) If a reserved Item/bike is unavailable post confirmation of the order, we will inform you of such unavailability, however there would be times when such an information would not be possible due to fact it is beyond our control. We operate with machines i.e. motor cycles which might break down or the previous user might not turn up on time or there can be an accident which has resulted in the bike not being available. In these situations, refund to the extent of money received would be made

u) We reserve our sole right to cancel the booking if:

(1) The lessee doesn’t turn up on time to pick up the vehicle.

(2) The lessee fails to submit hard copy of his/her original id proof and valid two wheeler driving license at the time of pickup.

(3) The lessee fails to pay the security deposit of all the vehicles he/she had reserved at the time of pickup.

In these situations, no refund would be made.

v) Mechanical failure/breakdown/cleanliness/maintenance during the ride: In case of a breakdown, the Rider/ Lessee has to immediately intimate the lessor about the same and the location and kind of defect. We will send a mechanic or provide a necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, we do not assure a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts etc. As mechanical failure is unpredictable and Lessee is hiring the vehicle with complete knowledge that it is susceptible for mechanical failure of breakdown.

w) If not covered by the insurance of the vehicle, the lessor is not responsible for any damage to, loss or theft of, any personal property belonging to Lessee, or for delay due to mechanical failures, accidents due to mechanical failures, regardless of fault or negligence of the vehicle or the lessor.

x) The fuel for the motorcycle shall be borne by the lessee.

y) The lessee is responsible to check the oil levels during the trip. Any mechanical failure has to be reported immediately. The lessee may be held responsible for any mechanical failures resulting due to the negligence of general maintenance.

z) Security deposit: The lessee has to pay a refundable security deposit of Rs 1000/vehicle for scooters and Rs 1500/vehicle for motorcycles at the time of pickup at the store.

1) Security deposit will be refunded in full only if the vehicle is returned in the same condition as it was handed over, there no loss of helmets, vehicle tools kit and there is no delay in returning the vehicle.

2) If the vehicle is returned in a damaged state the security deposit will be refunded only after an estimation of repair cost from the authorized service station of the respective vehicle. If the estimated repair cost is less than the security deposit amount, the excess amount will be refunded to the lessee within 7 working days.

3) In case of multiple vehicle bookings, the lessor has the right to withhold the security deposit amount of all the vehicles if one or more vehicle is returned in a damaged state.

2. GENERAL TERMS RELATING TO USE OF VEHICLE

a)The Lessee has to pick up the motorcycle from the location that is specified in his booking order and has to return the motorcycle in the same working condition as before at the same location during working hours only (9 am to 8 pm).

b)The Lessee is strongly advised to inspect the motorcycle before riding them for any physical or noticeable mechanical defects or flaw found on/in the motorcycle. The Lessee has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools, helmets and spare parts kept in the vehicle. Any type of damage happened to the motorcycle during the ride should be intimated to the lessor while returning the vehicle.

c)The lessee is duty bound to inform the lessor, if he/she notice any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc.

d)If motorcycle is stolen during your trip, then you have to immediately inform the local authorities as well as the lessor without any delay. An FIR shall be filed with the local Police Station. The lessor shall provide all necessary assistance and the lessee shall provide complete co-operation to fulfill the formalities.

3. PRIVACY

The lessor respects privacy of Lessee as far as possible. Lessee however agrees that the following personal information of the Lessee and the Rider could be used by the lessor for the following. The personal information that will be collected and used: a)The name, b) address, c) contact numbers, d) email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs. The information should be used for the following. a) Share with relevant government agencies if asked to furnish any data. b) to render support in case of an accident or hospitalization with local people, police, social workers, mechanic, hospital, relatives or friends of the Lessee/ rider necessary to get support in case of any accident to the person.

4. UNDERTAKING AND INDEMNITY

a) The Lessee hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the vehicle by the Lessee shall be his/her own responsibility and if any such claims arise against the owner of the Vehicle, the same shall be defended at the cost of the Lessee, and if any court, magistrate, police, executive, or judicial action imposes any penalty, fine, damages, or compensation in relation to the use of the vehicle by the Lessee or for any other incident that happens while the Vehicle is under the custody of the Lessee, shall be paid or borne by the Lessee. The responsibility of the Lessee for such claims includes claims from third parties, passengers or himself/herself or their respective legal heirs for all activities that are undertaken while the vehicle is in the Lessee's custody.

b) The Lessee shall, at its expense, defend, indemnify, and hold The lessor and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against The lessor regarding any actions or in actions alleged or arising out of the use or non-use of the vehicle while under the custody of the Lessee.

c) Despite any provisions in the Motor Vehicles Act or rules, the Lessee has assumed the above liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in relation to the use of the vehicle by the Lessee any one under him or while the vehicle is in his/her custody.

d) The Lessee undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or replacing the Vehicle for such damages, theft, or loss shall be borne by the Lessee.

e) The rights granted to the Lessee under this Agreement are not assignable or transferable, in whole or part. The lessee is allowing another rider to ride the vehicle, then details of the Rider should be intimated to the lessor in advance with copies of his/her driving license.

5. GOVERNING LAW & JURISDICTION

This terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Chikmagalur shall be the competent court of jurisdiction.

6. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.The Lessee has read and understood the above terms and conditions and agrees to abide by it