Terms of Service
Welcome to Rentifyr Technologies LLP – Our Terms of Service is mentioned below
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this document, unless the context otherwise requires, the following words and expressions shall bear the meanings ascribed to them below:
(a) Applicable Law means any MVT Law and other statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, clearance, directive, guideline, policy, requirement, or other governmental restriction or any similar form of, decision of, or determination by, or any interpretation, policy or administration having the force of law of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms and Conditions or thereafter.
(b) Additional Term shall have the meaning ascribed to the term under Clause 4.1 or Clause 4.2 of the Agreement which is dependent on the fact that the Vehicle is taken by Me on a Self-Drive basis.
(c) Additional Kilometers shall mean the number of excess kilometers I can ply the Vehicle during the Hire Period over and above the Permissible Kilometers, which were availed by Me at the inception of Hire and specified in Reservation Details. It is hereby clarified that this definition is not applicable in cases where I have opted for unlimited kilometers to ply the Vehicle under Self-Drive.
(d) Booking Confirmation means the written confirmation of booking of Vehicle on Hire (on a Self-Drive basis) sent by You to Me on My registered mobile number through SMS or WhatsApp and on email confirming the booking of Vehicle and other detailed terms, post accepting Your offer by Me.
(e) Commencement Date means the date of handing over the Vehicle to Me which is specified either in a physical acknowledgment signed by Me, a copy of which is handed over to Me.
(f) Coordinates means Your Help Line Number +91 9210038 where all communications with regard to Hire of Vehicle or any subsequent event in relation to Hire of Vehicle shall have to be made by Me.
(g) Hire means granting of the right to use the Vehicle by You to Me on a rental basis during the Hire Period on a Self-Drive basis as specified by Me in the Reservation Details.
(h) Hirer means Myself who has availed the Vehicle during the Hire Period from You on Hire.
(i) Hire Period shall mean the number of days, as mentioned in Reservation Details, for which the Vehicle therein mentioned is provided on a Self-Drive basis to Myself and shall commence from the Commencement Date and end on the last day of the Hire Period or Additional Term, as the case may be.
(j) Hire Charges means the consideration paid and/or payable by Me towards the usage of the Vehicle during the Hire Period on a Self-Drive basis which is more particularly stated in Reservation Details and Booking Confirmation.
(k) Indemnified Person means You and Your officers, directors, associates, agents, partners, contractors, and all such persons who are authorized by You to act and represent on Your behalf.
(l) MVT Law means collectively, the Motor Vehicles Act, 1988 and the Rules made thereunder, or any other statutory modification, amendment, or re-enactment thereof.
(m) Permissible Kilometers shall mean any one of the following as selected by Me and specified in Reservation Details:
- 120 kilometers the Vehicle could be plied by Me in a day and cumulatively in multiple thereof depending on the number of days/hours (as the case may be) for which the Vehicle is taken on a Self-Drive basis during the Hire Period; or
- 300 kilometers the Vehicle could be plied by Me in a day and cumulatively in multiple thereof depending on the number of days/hours (as the case may be) for which the Vehicle is taken on a Self-Drive basis during the Hire Period; or
- Unlimited kilometers the Vehicle could be plied by Me in a day or during the Hire Period, as the case may be.
(n) Purpose shall mean providing the Vehicle by You to Me on Hire basis to be plied by Me in terms of Applicable Law and as per the terms of this document during the Hire Period, excluding the right to sell, transfer, charge, hypothecate, or otherwise encumber the Vehicle or alter and/or modify the Vehicle and/or any of its parts.
(o) Reservation Details means the details of the Hirer (such as Full Name, Mobile Number, and Email ID, etc.), type of Vehicle sought by the Hirer on Self-Drive or Subscription basis, Hire Period (during which the Vehicle is required by Me on a Self-Drive basis), package type opted which are captured through the Website or Mobile App as referred above.
(p) Vehicle shall mean a motor cab as defined under MVT Law which shall be commercially registered and provided by You to Me on a Self-Drive basis under the terms of this document out of the pool of vehicles available with carrentalincalangute.in by Rentifyr Services LLP. It is hereby clarified that You shall have the right to substitute the Vehicle, during the Hire Period, with another Vehicle of the same category and age by giving Me prior intimation.
(q) Security Deposit shall mean the interest-free refundable deposit paid by Myself to You as security during the Hire Period towards the Vehicle taken on a Self-Drive basis as specified in Reservation Details.
(r) Self-Drive means providing the Vehicle to Me, for the Purpose, during the Hire Period or Additional Term, as the case may be, and more particularly stated in sub-clause 1.1.(g) above and clause 4 below.
(s) Schedule of Charges means various other charges including damage charges, in addition to Hire Charges which become due and payable by Me upon occurrence of any of the events specified in the said section of Schedule of Charges and displayed on the Website at carrentalincalangute.in.
(t) Booking a booking for car rental services made by you through the Website;
(u) Car Rental Provider the third-party supplier of the car rental services.
(v) Car Rental Services the car rental services which you may purchase on the Website using the Booking Services.
(w) carrentalincalangute.in, a website managed/operated by Rentifyr Services LLP, a company registered in India.
(x) Rental Vehicle refers to the car or other vehicle that will be provided to you by the Car Rental Provider, subject to the Car Rental Terms and Conditions and the terms of your Booking.
(y) The Website is operated by Rentifyr Services LLP and can be found at carrentalincalangute.in. Throughout, it is referred to as “you“.
(z) “Me” or “myself” refers to the person or entity who books a car rental service using the Booking Services.
1.2 Interpretation
Unless the context otherwise requires in the document:
(a) Words importing persons or parties shall include firms and corporations and any organizations having legal capacity.
(b) Words importing the singular include the plural and vice versa where the context so requires.
(c) Reference to any law shall include such law as from time to time enacted, amended, supplemented, or re-enacted.
(d) Reference to any gender includes a reference to all other genders.
(e) Reference to the words “include” or “including” shall be construed without limitation.
(f) Reference to the Agreement or any other agreement, deed, or other instrument or document shall be construed as a reference to the Agreement or to such agreement, deed, or other instrument or document as the same may from time to time be amended, varied, supplemented, or novated.
(g) The headings and titles in the Agreement are indicative and shall not be deemed part thereof or be taken into consideration in the interpretation or construction of the Agreement.
2. PROVISION OF A VEHICLE ON HIRE
2.1 Upon receipt of the booking request as specified in Reservation Details from Myself by You through the Website, Mobile Application, or Coordinates and upon providing Booking Confirmation by You to Me, You agree to provide the Vehicle on Hire basis to Me for the Purpose for the day(s)/month(s) mentioned in the Reservation Details.
2.2 At the time of handing over the Vehicle to Me, I shall sign a physical document known as a checklist or digitally through the Vehicle Delivery App, acknowledging the receipt of the Vehicle along with Vehicle details such as make, model, Registration Number, etc. I confirm that the Hire Period shall commence immediately upon handing over the Vehicle to Me by Your representatives.
2.3 I hereby confirm that:
2.3.1 I have attained 18 years of age as of the Commencement Date.
2.3.2 I have driving experience of a minimum of 1 year and possess a valid driving license, voter ID/Passport, and/or PAN and Aadhaar Card, which I have furnished to You.
2.3.3 I have taken the Vehicle on Hire from You at My own risk, and I shall be solely liable for any accident, failure, or loss or damage of any kind whatsoever that may be caused to or occasioned by Me in connection with or incidental to the provision of the Vehicle on a Hire basis. You shall not be liable for any loss, damage, costs, charges, or expenses whatsoever that may be caused to or occasioned by Me or any other person seated in the Vehicle unless specifically mentioned in this document.
2.4 Upon the end of the Hire Period or Additional Term, as the case may be, I shall inspect the Vehicle to check whether I have left any of My luggage and/or items at the time of handing over the Vehicle back to You. At no point in time shall You be responsible for any luggage and/or items left by Myself and/or the co-passengers in the Vehicle.
2.5 I hereby undertake to abide by existing legislation and Applicable Law pertaining to the use of the Vehicle, including but not limited to situations when a border is crossed. If, due to non-compliance with the foregoing, the authorities temporarily or permanently impound the Vehicle, all the costs, charges, and expenses, including fines, incurred/to be incurred to ensure that the Vehicle is released at the earliest, shall be borne by Myself.
2.6 The Vehicle will be filled with fuel up to the liters as displayed in the fuel gauge indicator on the dashboard or instrument panel. I shall verify the fuel gauge indicator at the time of taking possession of the Vehicle before the Commencement Date. I shall return the Vehicle with the same amount of fuel as was available and indicated in the fuel gauge indicator at the time of the Commencement Date. If the Vehicle is returned by Me with lesser fuel, I shall pay You the cost of the liters of fuel required to fill the fuel tank to the level prevalent at the time of the Commencement Date, as indicated in the fuel gauge indicator. Your decision in this regard shall be final in determining the number of liters required to fill the fuel tank. Besides this, I shall pay charges as specified in the Schedule of Charges for refueling done by You. You shall deduct the fuel cost along with the service charge and other charges from the Security Deposit, or I shall undertake to pay the same through the web link provided by You to Me, as the case may be.
2.7 I shall take possession of the Vehicle from the pickup point specified in the Reservation Details and hereby consent to adhere to and comply with the instructions issued by carrentalincalangute.in by Rentifyr Services LLP (“Instructions/Guidelines”) from time to time, which includes (i) Taking My photograph along with the Vehicle (ii) taking a photograph of the Vehicle number plate (iii) payment of interstate charges when the state border is crossed. I hereby explicitly allow Your representative to take pictures as required under this section.
2.8 I am permitted to drive the Vehicle up to the Permissible Kilometers. Any usage of the Additional Kilometers shall attract the extra kilometer charges as specified in the Booking Confirmation.
2.9 The Vehicle shall have the luggage carrier provided I have opted for the same and specified in Reservation Details. If for any reason the luggage carrier is not provided by You to Me, despite being opted by Me at the time of booking the Vehicle, You shall refund the charges paid by Me towards the luggage carrier.
2.10 I acknowledge that You reserve the unilateral right to reject the booking request at any subsequent stage without assigning any reason, provided You agree to refund the Security Deposit and advance Subscription Fees within 7 to 10 working days of cancellation by You.
2.11 If a third party lays claim to or detains the Vehicle or otherwise takes any action in respect of the Vehicle, I shall take immediate action to ensure that the Vehicle is released from such detention and/or such claim is fully satisfied by Me. If I lose legal or physical control of the Vehicle, I shall inform You within two hours and, if necessary, take appropriate measures to recover legal and physical control of the Vehicle. You may take any and all actions in the interests of protecting Your rights, including taking action in My name. The costs incurred as a result of any action as stated herein are to be borne by Me, and payment for this cost shall be appropriated from the Security Deposit held by You. If the Security Deposit amount falls short of payments due, I shall be liable to pay the same upon receipt of notice of demand in that regard.
2.12 I shall be liable to pay charges/penalties specified in the Schedule of Charges if I fail to adhere to the terms of Use of Vehicle as specified herein or any other non-compliances as observed by You.
2.13 Permissible Kilometers once opted at the time of booking of the Vehicle on Hire basis and specified in Reservation Details and thereafter in Booking Confirmation cannot be altered under any circumstances. If I wish to alter the Permissible Kilometers originally opted for, I shall have to cancel the original booking and make a new booking.
3. PERIOD AND CANCELLATION PROVISIONS:
3.1 The Hire Period shall commence on the Commencement Date and end on the last day of the Hire Period.
3.2 Cancellation Policy
I hereby agree to the following terms and conditions:
(a) I can cancel the booking by reaching out to carrentalincalangute.in through the Website or Mobile application, or I may send in the details of the booking if I am willing to cancel my booking by writing an email to You at the designated Coordinates. I shall be liable to pay charges as specified in the Schedule of Charges for such cancellation. Cancellation charges are dependent on the number of hours or days the Vehicle is availed by Me.
(b) In case I fail to pick up the Vehicle as per the scheduled pick-up time specified by Me in Reservation Details without intimating at the Coordinates specified above, the incident will be treated as a no-show, resulting in the forfeiture of the Hire Charges.
(c) The cancellation charges will be adjusted from the Hire Charges and Security Deposit paid by Me, and the remaining amount post necessary adjustment shall be refunded to Me by You within 7 to 10 working days of the cancellation. If, after such adjustment, it is ascertained that there is still an amount due and payable, then I shall pay the same through the weblink provided by You to Me on My mobile number and email.
4. EXTENSION TERMS OF HIRE PERIOD
4.1 If I desire to extend the Hire Period, as specified in Reservation Details, for a further period (“Additional Term”), I shall be required to inform You via designated Coordinates at least 4 hours prior to the scheduled return time. You shall ascertain the possibility of an extension for the Additional Term and communicate to Me within one hour of the request. If You confirm the availability of the Vehicle for the Additional Term, then I shall pay the contracted Hire Charges for the Additional Term through a weblink to be provided by You on My mobile number or email ID registered with You.
4.2 If, however, You have advised Me of the non-availability of the Vehicle for the Additional Term, then I shall have to return the Vehicle at the original scheduled return time. If I fail to return the Vehicle at the scheduled return time, I shall pay the contracted Hire Charges in addition to Rs 300/- per hour without any demur or protest through a weblink to be provided by You on My mobile number or email ID registered with You.
4.3 In case I fail to return the Vehicle at the scheduled return time without informing You of such a delay, such delay shall be deemed to be considered as an Additional Term, and I shall pay the contracted Hire Charges for the Additional Term in addition to Rs 300/- per hour without any demur or protest through a weblink to be provided by You on My mobile number or email ID registered with You.
5. USE OF THE VEHICLE
I confirm and acknowledge that:
(a) I have read and understood the terms and conditions of this document regarding the usage of the Vehicle and shall adhere to the same during the Hire Period or the Additional Term, as the case may be.
(b) The Vehicle is provided by You to Me for the Purpose only.
(c) The Vehicle shall be used by Me strictly in accordance with the procedure prescribed by the manufacturer of the Vehicle and in accordance with the Applicable Law.
(d) I shall not make or allow any additions or alterations to the Vehicle or carry out any repairs or replacements to the Vehicle or any parts and accessories thereof during the Hire Period or Additional Term, as the case may be.
(e) I have a valid driving license to drive the Vehicle during the Hire Period or Additional Term, as the case may be.
(f) I shall drive the Vehicle Myself or allow it to be driven by a person who has a valid driving license. In case I allow any other person to drive the Vehicle, I shall notify You in advance and also supply a copy of their driving license.
(g) I shall ensure that the distinguishing marks on or exhibited in the Vehicle are not removed.
(h) I shall not tamper with or damage the odometer or any other accessories fitted in the Vehicle. In case the same is done, I shall replace it at My cost and consequences and also pay the charges stipulated in the Schedule of Charges.
(i) I shall not allow the Vehicle to be used for any illegal or unlawful purpose.
(j) I shall ensure that the Vehicle is not driven outside the geographical limits of India without Your prior written permission.
(k) I shall not use the Vehicle to carry a number of persons (excluding the driver) exceeding the permissible number as specified in the Act.
(l) I shall not ferry passengers or any goods for consideration or reward, whether expressed or implied.
(m) I shall not use the Vehicle for undertaking a road trip specifically for any reward/award or for creating any record or recognition (personal/self-motivated or sponsored) of any nature whatsoever.
(n) I shall not ferry any type of animals in the Vehicle. In case any damage is caused to the Vehicle on account of ferrying such pet animals, I shall be liable to pay charges as specified in the Schedule of Charges.
(o) I shall not carry or allow others to carry any contraband, hazardous or inflammable material, firearms, or other banned or prohibited articles under Applicable Law or any other Indian laws.
(p) I shall not use the Vehicle or allow the Vehicle to be used for any illegal or unlawful activity or purpose.
(q) I shall not use the Vehicle or allow the Vehicle to be used in a motorsport event such as racing, rallying, or for learning driving of Vehicles or taking driving lessons, speed testing, or any other similar activities which may cause damage to the Vehicle.
(r) I shall not use the Vehicle to propel or tow any other vehicle or trailer.
(s) I shall not drive beyond the permissible speed limit as per the Act.
(t) I shall not drive or allow others to drive the Vehicle when under the influence of alcohol or drugs or suffering from any disease or disability, which may impair driving ability or which is likely to cause a source of danger to the public and/or the Vehicle.
(u) I shall not do or omit to do or permit or suffer any act, which might or could prejudicially vitiate or affect the insurance of the Vehicle.
(v) I shall not carry out any additions/alterations to the Vehicle which shall affect the marketability of the Vehicle, without the prior written permission from carrentalincalangute.in by Rentifyr Services LLP.
(w) I will follow the owner’s manual instructions, if provided in the Vehicle’s glove compartment, while using the Vehicle. If a problem arises that prevents or limits the use of the Vehicle or that may compromise people’s safety, I will immediately notify at Coordinates and follow instructions as provided. I may have to pay for towing, repairs, and other expenses in some circumstances.
(x) I will notify You immediately at Coordinates if I perform a jump start to the Vehicle. I shall be fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to use the Vehicle to provide a jump start to any other vehicle.
(y) I am not permitted to take the Vehicle outside India. I shall be solely responsible for payment of any and all toll or other road/parking charges/interstate permit charges, as applicable, during the Hire Period towards usage of the Vehicle. However, in view of the mandatory requirements of affixing ‘FASTag’ on the Vehicle (which is pre-loaded with the amount) for smooth payment of toll charges at various toll gates, I hereby agree to reimburse the toll/parking charges debited or deducted from FASTag during the Hire Period along with applicable GST. Your decision in this regard shall be final and conclusive.
(z) In case of a breakdown of the Vehicle, I shall not leave or abandon the Vehicle until RSA (as defined below) is provided to Me or other alternate arrangements are made by You to take custody of the breakdown Vehicle.
6. PAYMENT TERMS
6.1 In consideration of the provision of the Vehicle by You to Me on a Subscription basis, I have paid/shall pay to You the Subscription Fee in advance on a monthly basis during the Hire Period or Additional Term, as the case may be. The amount of Subscription Fee paid and payable by Me is specified in the Reservation Details. For payment of Subscription Fee balance term in the Hire Period or for the Additional Term, as the case may be, You shall provide a weblink on My mobile number or email ID registered with You through which I shall pay the same. Besides the Subscription Fee, I am required to pay charges for Additional Kilometers, as specified in the Booking Confirmation, if I have driven the Vehicle over and above the Permissible Kilometers.
6.2 Besides the Subscription Fee, I am also liable to pay FASTag charges and other charges as specified in the Schedule of Charges depending on the trigger of events as specified therein. The levy of such other charges by You shall be final and binding upon Me, and I shall not contest the same anytime during the Hire Period or Additional Term, as the case may be, or anytime thereafter, and I shall be liable to pay such charges without protest and demur.
6.3 The Subscription Fee is inclusive of Goods & Services Tax (GST) and/or such other indirect taxes and cess, if any, (hereinafter referred to as ‘Taxes’), and such Taxes shall be levied as per Applicable Law, read together with the rules, regulations, and amendments, including any notification and/or amendments, pursuant thereto, from time to time.
6.4 I shall deduct at source all such taxes as are to be deducted under the provisions of the Income Tax Act or any other statute/rule/bylaw in force provided I am entitled to do so.
6.5 I understand and agree that the Subscription Fee as specified in the Reservation Details will not change as a result of any promotional offers or discounts, and that I shall not request any variation and/or reduction or seek any benefits in terms of the Subscription Fee during the Hire Period or Additional Term post agreeing to the terms and conditions under this document, save and except situations as specified in sub-clause 6.6 below.
6.6 In case I decide, after the Commencement Date and during the Hire Period, to surrender the Vehicle prior to the last day of the Hire Period as opted by Me and specified in the Reservation Details and the Booking Confirmation, I shall be liable to pay liquidated damages which shall be equivalent to the amount as specified and explained in the Schedule of Charges by way of example.
7. SECURITY DEPOSIT
7.1 I have paid a Security Deposit for an amount as indicated in the Reservation Details. In case of any damage to the Vehicle, You shall have unconditional authority from Myself to deduct the cost of repairing any such damage from either the Security Deposit or as and by way of a pre authorized amount subject to the terms of this Agreement.
7.2 In the event of expiration of the Hire Period or Additional Term, as the case may be, and prior to the refund of the Security Deposit to Me, You shall have the right to adjust from the Security Deposit any amount ascertained by You to be payable by Me. I hereby specifically authorize You to make such adjustments.
7.3 Upon the expiration of the Hire Period or Additional Term, as the case may be, You shall refund the Security Deposit paid for the Vehicle to Me, provided there is any balance left, if any, after adjustments of the amounts due to You within 7 to 10 working days.
8. OWNERSHIP OF THE VEHICLE
8.1 Save and except as otherwise provided in the Agreement, no right, title, or interest in the Vehicle as the owner shall pass on to Me by virtue of these presents or otherwise howsoever. I shall at no time during the subsistence of the Agreement be entitled to claim the ownership of the Vehicle or challenge Your ownership, right, title, and interest in the Vehicle. I acknowledge Your independent and undisputed right, title, or interest in the Vehicle to mortgage, hypothecate, or sell the Vehicle.
8.2 I acknowledge that the Vehicle is registered in Your name as required under the MVT Law.
9. EVENTS OF DEFAULT
9.1 Events of Defaults by Hirer: Notwithstanding the Hire Period or Additional Term, as the case may be, upon occurrence of any of the events specified hereunder, You shall have the right to terminate the Hire of the Vehicle under this document, by way of a written notice to Me (Termination Notice):
(a) If I breach any of the terms and conditions of this document, in particular, the conditions specified in Clause No 5 above.
(b) If I have, without Your consent, attempted to transfer or otherwise dispose of the Vehicle by way of sale, transfer, charge, or otherwise in any manner part with the possession of the Vehicle or any part thereof or allow or purport to do or allow or create any lien, charge, attachment, or other claim of whatsoever nature on the Vehicle or any part thereof; or
(c) If I have become bankrupt or insolvent, have made an assignment for the benefit of creditors, or have consented to the appointment of a trustee or receiver for a substantial part of My property, or insolvency proceedings have been instituted by or against Me, voluntary or otherwise; or
(d) If I am in breach of any representation or warranty as mentioned in Clause 23 or they are found to be or become incorrect.
10. CONSEQUENCES UPON END OF HIRE PERIOD / ADDITIONAL TERM OR TERMINATION OF THE AGREEMENT
10.1 Upon the end of the Hire Period / Additional Term or Termination of the Agreement in terms of clause 9.1 above, I am required to surrender the Vehicle to You in good order and condition, normal wear and tear being accepted.
10.2 Along with the Vehicle, including tyres, tools, and accessories fitted, I shall have to surrender to You:
(a) Manufacturer’s manual, warranties, and other documents furnished by the manufacturer in respect of the Vehicle. (b) Copies of the registration certificate and the insurance policy. (c) Keys (original) of the Vehicle and accessories of the Vehicle.
10.3 If I fail to comply with any of the requirements as specified in clause 10.2 above, I shall be required to pay charges as specified in the Schedule of Charges.
10.4 In the event I have surrendered the Vehicle with an unreasonable or unacceptable level of wear and tear as determined by You (reasonable wear and tear excepted), I shall be liable to bear damage charges as specified under the Schedule of Charges.
10.5 I shall return the Vehicle in clean, good order and condition in which the Vehicle was provided by You prior to the Commencement Date. In the event I return the Vehicle with an unreasonable or unacceptable level of wear and tear, then in that case I shall, at Your sole discretion, be liable to bear all costs and charges for refurbishing/repairing the Vehicle depending on the condition of the Vehicle at the time of its return. Furthermore, any and all decisions made by You in this regard shall be final and binding on Me. Moreover, if the Vehicle is returned in an unclean or unhygienic condition and if You incur any cost in that regard including but not limited to refurbishing the upholstery of the Vehicle, I shall be liable to pay the charges as stipulated for the purpose in the Schedule of Charges and any other charges incidental and ancillary thereto.
10.6 If the Vehicle is not returned by Me either on the last day of the Hire Period or Additional Term or Termination of Hire of the Vehicle under this document, as the case may be, You shall have the unconditional right to assume that the Vehicle has been lost or stolen and You shall be entitled to proceed to take appropriate legal action and shall be entitled to repossess the Vehicle whenever it is found and by whomsoever may be in possession thereof at My costs and expenses and without reference or notice to Me. I hereby irrevocably authorize You, acting through Your representatives, to take physical possession of the Vehicle.
10.7 Upon completion of the Hire Period or Additional Term, as the case may be, I shall return the Vehicle to the agreed return location and on the date and time specified in the Reservation Details. If I desire to return the Vehicle at a different location within the same city, then I shall be liable to pay the charges as stipulated in the Schedule of Charges. Under no circumstances shall I attempt to return the Vehicle in a city different from the one in which the Vehicle was delivered to Me. If I do so, I shall be liable to pay charges as stipulated in the Schedule of Charges.
10.8 I shall hold You and Your officers, employees, agents, and affiliates (Indemnified Person) harmless against any claim in connection with the Vehicle and/or its repossession and shall irrevocably and unconditionally indemnify the Indemnified Person against any cost, loss, or liability suffered by You arising out of or in connection with any claim made by a third party against You in relation to the Vehicle and/or its repossession.
11. COMPLIANCE BY HIRER
11.1 I am required to fulfill the below mentioned conditions at the time of handing over the Vehicle by You to Me:
(a) I shall show the original driving license and My KYC documents that were shared with You at the time of uploading the same on Website or Mobile App. I shall produce the same to Your representative for their verification at the time of delivery, prior to taking possession of the Vehicle;
(b) I shall provide support to Your representative for capturing the image of any one of the following documents as an additional identity proof:
(i) Election/Voter’s Card; (ii) Valid Passport; or (iii) Utility/Telephone Bills.
(c) I shall cooperate with Your representatives for taking a photograph of Myself and the Vehicle, for safety and record-keeping purposes.
11.2 In relation to My use of the Vehicle during the Hire Period or Additional Term, I shall always comply with the manufacturer’s manual as provided to Me and hereby understand that any failure to comply with the same may lead to cancellation of the warranty availed by You from the manufacturer.
12. INSPECTION OF VEHICLE
You shall have the right to inspect the Vehicle at such intervals as may be deemed appropriate by You, and I shall not have any objection to such inspection. Upon your request, I shall also provide the latest photo images of the Vehicle from all sides including dashboard or live video recording of the Vehicle.
13. COVENANTS WITH REGARD TO INSURANCE OF THE VEHICLE
13.1 You shall ensure to maintain comprehensive insurance coverage for the Vehicle, including third party insurance, during the Hire Period and/or Additional Term, if any.
13.2 I shall not do or omit to do or permit or suffer any act, which might or could prejudicially vitiate or affect the insurance of the Vehicle. Upon the happening of any such event that causes any damage, accident, or loss to the Vehicle and/or its accessories, including but not limited to an accident, theft, damage caused by fire, explosion, self-ignition, lightning, burglary, riot, earthquake, flood, hurricane, storm, tempest, cyclone, frost, malicious act, and/or terrorist activity, I shall immediately notify You at the designated Coordinates of such damage or loss relating to the Vehicle and shall confirm this in writing within 4 hours of the occurrence of such event causing loss and/or damage to the Vehicle.
13.3 I undertake to facilitate the settlement of all cases of damage by providing the relevant information and taking all the steps required for this purpose. Without prejudice to the above, You shall, at all times, retain the unequivocal right to initiate an investigation in the event of any loss occurrence.
14. COVENANTS WITH REGARD TO MAINTENANCE OF THE VEHICLE
14.1 You shall ensure to repair and maintain the Vehicle at your cost. You will also be responsible for timely servicing of the Vehicle as prescribed by the manufacturer of the Vehicle in its manual.
14.2 I shall be responsible for the cleanliness of the Vehicle and I am expected to assist/help You to maintain the driving safety and performance of the Vehicle during the Hire Period or Additional Term, as the case may be, especially when the Vehicle indicates that service or maintenance is required. In the event of any issues or damages to the Vehicle, I shall be required to report the same to You at the designated Coordinates. If any urgent repairs are necessary outside of the designated location, I shall get them fixed at a manufacturer’s authorized workshop. I shall keep original invoices for any repairs paid by Me and provide them to Your representative within 5 business days. You will reimburse Me for these expenses after verifying the invoices are in Your name, by crediting My bank account or debit card. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 5 business days from the invoice date.
14.3 I shall be provided with pick-up and drop-off facility for periodic servicing of the Vehicle, provided that the Vehicle is within the local municipal limit where the Vehicle was originally delivered.
14.4 I shall be solely responsible for damages to the Vehicle (mechanical or accidental damages) which, in Your opinion or Your agent’s opinion, have been caused willfully and/or are the result of reckless or negligent driving or any other negligent/malicious act. I shall, at My own cost and expense, repair the Vehicle at a manufacturer’s authorized workshop.
15. ROADSIDE ASSISTANCE (RSA) AND BREAKDOWN ASSISTANCE
15.1 In case of any RSA involving the Vehicle or in case of breakdowns, accidents, payments relating to RSA, servicing, complaints, and escalation matrix in case of complaints, I shall report to the given Coordinates only.
15.2 You shall not be liable to make any refund to Me for pending Hire Period if the Vehicle meets with an accident (intentionally or unintentionally).
16. TRAFFIC VIOLATIONS
16.1 I shall be responsible for any traffic violations incurred due to inappropriate use of the Vehicle by Me. This includes, but is not limited to, unauthorized parking, speeding, jumping red lights, photo enforcement, and toll violations (“Traffic Violations”). I shall be solely liable for all costs, charges, expenses, penalties, and fines imposed due to any Traffic Violations during the Hire Period or Additional Term, as the case may be, levied by the respective regulatory authority. I shall report such Traffic Violations to Your representative as soon as possible within the prescribed timeline for the violation. If I fail to pay charges as specified in the Schedule of Charges and fines, penalties, and other charges as levied by regulatory authorities, then You will pay those amounts and I shall reimburse them to You within 7 days from the date of receipt of such information from You, or alternatively, You may deduct the same through a weblink provided by You to Me on My mobile number and email id.
16.2 I shall notify You of any Traffic Violation notices found on the Vehicle at the time of Vehicle pick-up which were not caused by Me.
17. INDEMNITY
17.1 I shall alone be responsible for any Traffic Violations or violation of any provisions of the MVT Law with regard to the use of the Vehicle during the Hire Period or Additional Term, as the case may be, and I shall indemnify and keep indemnified the Indemnified Person from and against any loss, claim, action, or proceeding that may be suffered or incurred by Indemnified Person as a result of any such offense or violation by Me or any person using the Vehicle on My behalf.
17.2 All indemnities contained in this document shall survive the termination of the Hire of Vehicle under this document or insofar as they pertain to events/occurrences that transpired during the Hire Period or Additional Term, as the case may be.
18. ACCIDENT AND THEFT OF THE VEHICLE
18.1 ACCIDENT
18.1.1 In case the Vehicle is involved in any accident causing bodily injury or loss of limb or life of any third person or damage to third party’s property (“Accident”), then in such event I or any person authorized by Me driving the Vehicle shall be solely liable and responsible for such Accident. If due to the Accident, the Vehicle is detained/seized/impounded by any authority or any person, I shall be solely responsible/liable for the same and shall be responsible for releasing the Vehicle from such authority or person and bear any and all expenses in getting the Vehicle released.
18.1.2 In case of an accident resulting in any bodily injury or death to any person involving the Vehicle, I hereby indemnify the Indemnified Person from all loss, damage, costs, charges, expenses that may be suffered by You as a result of such action on My part.
18.1.3 In case of partial damage to the Vehicle where the cost of damage ascertained by You is less than Rs 10,000, then I shall be liable to pay to You the charges as specified in the Schedule of Charges. If the partial damage cost ascertained exceeds Rs 10,000 or the Vehicle is rendered a total loss, then I hereby confirm and acknowledge that the Subscription Fee paid by Me shall stand forfeited, and I shall, in addition, be liable to pay to You the difference between the book value of the Vehicle as prevalent in Your books of accounts at the time of the occurrence of the accident and the insurance settled value.
18.1.4 In cases where due to an accident there are damages to the Vehicle which require repairs or restoration to its original condition prior to such accident and where the insurance claim is rejected by the insurance company due to any reasons on My part, then I shall be liable to pay the entire repair and restoration charges as ascertained by You.
18.1.5 Notwithstanding the above, I shall be liable to indemnify the Indemnified Person for any loss, damages, costs incurred by You due to any insurance claim being disallowed by the insurance company due to the following reasons:
(a) Myself or any other person driving the Vehicle at the time of the accident is not carrying a valid license. (b) Any other person driving the Vehicle at the time of the accident is a minor. (c) Myself or any other person driving the Vehicle is under the influence of alcohol, drugs, or any other toxic substance at the time of the accident. (d) Damages/theft or loss to the Vehicle or any third person has been caused willfully and/or is the result of reckless and negligent driving or any other negligent/malicious act by Myself or any other person driving the Vehicle. (e) The claim is inadmissible in accordance with the terms and conditions of the Insurance policy.
18.1.6 I shall immediately notify at the designated Coordinates of the occurrence of the Vehicle accident with details thereof and lodge a complaint/first information report with the nearest police station. In case of an accident involving damage to the Vehicle, third-party property damage, or bodily injury to a third person, I shall furnish You with the following details and shall, if required, appear before the court or any other authority to give evidence thereof:
(a) Date, time, and place of the accident. (b) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address, and phone number of the insurance agent). (c) The names, addresses, and driver’s license numbers of the persons involved in the incident. (d) The name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver). (e) The names, addresses, and phone numbers of witnesses, passengers, and any other involved persons. (f) Circumstances of the accident describing the immediate surrounding environment and the Vehicle position prior to the accident. (g) A police report is required regardless of liability or fault. I shall specify in My detailed written complaint to the police the actual facts only. I shall ensure that such a complaint shall not contain any discrepancies, inconsistencies, or distortions from actual facts, as the same would be detrimental to a valid insurance or other claim by You. Any loss occasioned to You due to a discrepant, inconsistent, or distorted complaint by Me shall be borne by Me.
18.1.7 In case of any accidents/damages, any costs, expenses, or losses pursuant to out-of-court settlements initiated or accomplished by Me with third parties shall be solely borne by Me.
18.1.8 I will notify You, through designated Coordinates, about any notice relating to a claim or a lawsuit against You regarding any incident involving the Vehicle. I agree to cooperate fully with You in the investigation and defense of any such claim or lawsuit.
18.2 THEFT
18.2.1 In case of theft of the Vehicle due to any reason whatsoever, including due to My gross negligence, I shall immediately notify You at the designated Coordinates of the occurrence of theft of the Vehicle with details thereof and lodge a complaint/first information report with the nearest police station.
18.2.2 In such a case, I shall be liable to pay to You the difference between the book value of the Vehicle as prevalent in Your books of accounts at the time of the occurrence of the theft and the insurance settled value.
19. AMENDMENT
No modification or amendment to the Agreement and no waiver of any of the terms or conditions hereto shall be valid or binding unless made in writing and duly executed by both Parties.
20. RESERVATION OF RIGHTS
No forbearance, indulgence, or relaxation or inaction by either Party at any time to require performance of any of the provisions of the document shall in any way affect, diminish, or prejudice the right of OAIS to require performance of that provision. Any waiver or acquiescence by OAIS of any breach of any of the provisions of the Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of the Agreement or of a subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in the Agreement.
21. NOTICE
21.1 Unless otherwise provided herein, all notices or other communications under or in connection with the Agreement shall be given in writing and may be sent to You at its Registered email at [email protected] by Rentifyr Services LLPindia.com and to Me at My address or email id specified by Me in the Reservation Details. Any such notice or other communication will be deemed effective if sent by personal delivery, when received; if sent by registered post, on receipt of the acknowledgment; and if sent by courier, on receipt of the same. If sent to You at its email, on receipt of the return receipt by Myself, and if sent to Me on My email ID, on receipt of the return receipt by You. If sent by You on My Mobile, then upon indicating a blue tick on the mobile phone through which You have sent.
21.2 Either Party may, from time to time, intimate to the other party any change in its address for receipt of notices provided for in the Agreement.
22. REPRESENTATIONS AND WARRANTIES
Each Party hereby acknowledges, undertakes, and warrants that:
22.1 It has always complied and shall always comply with applicable Laws, rules, and regulations in India governing anti-bribery and anti-corruption including but not limited to the Prevention of Corruption Act, 1988 (as amended from time to time) and policy of the other party, if any, governing prevention of bribery and corruption.
22.2 It has neither made nor shall make and/or has neither received nor shall seek to receive, directly or indirectly, or through its respective partners, principals, officers, directors, shareholders, agents, subcontractors, vendors, associates, employees, or authorized representatives, any payment or favor in cash, kind, or otherwise which is prohibited by the applicable Laws.
22.3 It has neither provided nor shall provide compensation, payments, or gifts or other things of value, or make or facilitate any bribe, rebate, payoff, influence payment, kickback or anything of value, directly or indirectly, or through its respective partners, principals, officers, directors, shareholders, agents, subcontractors, vendors, associates, employees, or authorized representatives, to any person/entity including without limitation to any government official, public authority, political party/official, candidate for political office or international organization.
23. SHARING OF INFORMATION
I fully understand and acknowledge that You are under obligation to cooperate with government and law enforcement officials and private parties to enforce and comply with the Applicable Law. Thus, You may access, use, preserve, transfer, and disclose any information (including personal information) provided by Me to any government or law enforcement officials or private parties as You may reasonably determine is necessary and appropriate:
(a) To satisfy any Applicable Law or other regulation, subpoenas, governmental requests, or legal process.
(b) To protect Your safety, rights, property, or security or that of the public for any reason.
(c) To detect, prevent, or otherwise address fraud.
Such disclosures may be carried out without notice to Me.
24. FORCE MAJEURE
Neither Party shall be liable for any breach of this Agreement caused by Force Majeure events which are not within the reasonable control of a Party (whose performance is affected by such event) including, without limitation, insurrection, restraint imposed by the Government, act of legislative or other authority, war, hostilities, acts of the public enemy, civil commotion, sabotage, explosions, epidemics, quarantine restrictions, strike, lockout, or acts of God, that affect the ability of a Party to perform its obligations as envisaged herein. Provided, however, the non-payment of amounts due from a Party under this Agreement (for any reason) shall not be considered as an event of Force Majeure.
25. AUTHORITY TO EXECUTE THE DOCUMENT
The Parties hereby confirm that they have full power and authority to enter into this document and honor their respective obligations under this document.
26. TIME OF ESSENCE
In relation to any time, date, or period fixed under this document, time shall be of the essence.
27. ARBITRATION
27.1 If any dispute arises amongst Parties hereto during the subsistence of this document or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the Agreement or regarding a question, including the questions as to whether the termination of this document has been legitimate, the Parties shall endeavor to settle such dispute amicably.
27.2 In case of any dispute or any difference between the Parties arising out of or in relation to this document including disputes or differences as to the validity of this document or interpretation of any of the provisions of this document, the same shall be resolved by mutual discussion. If the Parties fail to settle the dispute or difference mutually within 15 days after the dispute arises, then the same shall be referred to Arbitration by a sole arbitrator appointed by You, and such arbitration shall be governed by the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The provisions of this clause shall survive the termination of this document. Each Party shall bear its own costs; all common costs shall be shared equally by both Parties. The venue of the arbitration shall be New Delhi. The language of arbitration shall be English.
27.3 Subject to Clause 27.2 above, wherever judicial intervention is possible, the parties hereto agree that the Courts at New Delhi shall have jurisdiction to the exclusion of all other Courts.
28. GOVERNING LAW
28.1 This document shall be governed by and construed and interpreted in accordance with the laws of India.
28.2 If any term or provision of this document should be declared invalid by a court of competent jurisdiction, the remaining terms and provisions of this document shall remain unimpaired and in full force and effect.
29. Annexure-A SCHEDULE OF CHARGES
| SR.NO | NON-COMPLIANCE | CHARGES |
| 1 | Driving at a speed above the maximum speed of 80 km/hr. | 1st Instance >=80 km/hr. – INR 2500 + GOVT. fines (if any) plus expulsion from MYCHOIZE if it happens again in the next booking2nd Instance >=80km/hr. – INR 2500 + GOVT. fines (if any) plus expulsion from MYCHOIZE>=80 km/hr. – INR 2500 + GOVT. fines (if any) plus expulsion from MYCHOIZE |
| 2 | Traffic violation | INR 1000 in addition to the actual fine charged due to traffic violation will be charged from the User |
| 3 | Car spare part changed | The User will be charged a penalty of INR 5000 over and above the cost of spare part. |
| 4 | Tyre misuse | In case of any tyre damages resulting from driving in bad terrain and continued driving in case of tyre puncture, customers will be charged for the cost of tyre on actuals |
| 5 | Performing any unauthorized activity such as carrying arms and ammunition, any intoxication, commercial activity | INR 5000 will be charged as penalty .The user will be held liable for any legal action arising out of these activities |
| 6 | External branding | INR 5000 will be charged as penalty. Any expenses arising out of repair cost or such damages will be charged to the User along with the penalty. |
| 7 | Tampering with the devices such as GPS etc. | INR 5000 plus the actual cost of the repair or the fitment will be charged from the User. |
| 8 | Failure to return the car at the scheduled location | You will be charged INR 2000 plus the full hourly rate and the late fees until the vehicle is returned to the correct location. |
| 9 | In case the vehicle is dropped outside city limits of the pickup location | Actual cost for transporting the car to the correct location plus INR 2000 plus the full hourly rate and the late fees until the vehicle is returned to the correct location. |
| 10 | Delay in returning of car beyond the scheduled time | Pay contracted Hire Charges in addition to Rs 300/- per hour |
| 11 | Extension of car usage beyond the scheduled time | Pay the contracted Hire Charges for the Additional Term in addition to Rs 300/- per hour |
| 12 | Loss of car accessories such as [Luggage Carrier, Baby seat, Tablet etc.] | INR 5000 or actual cost of the accessory whichever is higher. |
| 13 | Unclean Car or littering /dirtying the car | Unclean cars will attract cleaning charge of Rs. 750/- for a minor cleaning & a charge of Rs. 1500/- for a major cleaning as penalty. |
| 14 | Causing any damage to the car | The User will be obligated to pay the repair cost and the standard insurance deductible along with any losses. In the event the user is found to violate T & C |
| 15 | Failure to return car keys | A fine of Rs. 2500/- will be charged plus replacement cost incurred will be charged to the User |
| 16 | Failure to return the original car documents | A fine of INR 10,000 will be charged along with the actual charges incurred for re-documentation. |
| 17 | Incorrect KYC documents produced at the time of picking up the car. | 1 day rental will be charged |
| 18 | The User does not turn up to pick up the car/No Show | For Self-Drive: Complete Hire Charges shall be forfeited and security deposit be refunded.For Subscription, one day hire charges along with security deposit will be forfeited as a penalty. |
| 19 | Driving under the influence of alcohol or drugs or is suffering from any disease or disability, which may cause his / her driving ability or which is likely to cause a source of danger to the public and/or to the Vehicle. | Complete Security Deposit will be forfeited over and above the actual damage, cost and losses incurred. |
| 20 | No standing on the car is allowed; doing so is strictly prohibited. Additionally, any intentional damage, including continuing to drive after an accident, driving under extreme conditions, or engaging in rash driving, will result in additional liability for the renter. | Complete Security Deposit will be forfeited over and above the actual damage cost incurred. |
| 21 | The User not driving himself | Complete Security Deposit will be forfeited over and above the actual damage cost if incurred. |
| 22 | Cancellation | For For daily rentals i.e. rental period of more than 24 hours: If the booking is cancelled more than or equal to 24 hours prior to the scheduled pick up time, a transaction processing fees of Rs. 500/- will be levied; If the booking is cancelled less than 24 hours prior to the scheduled pickup time, cancellation charges levied will be the first days’ rental less discount proportioned across the entire rental duration. GST will be applicable on all of the above mentioned cancellation charges. |
| 23 | Fuel | We offer the cars with fuel in the tank and accept it back with the same quantity of fuel in the tank as provided to the Hirer at the time of handing over the possession of the Vehicle. However, in case the quantity of fuel at the time of returning the Vehicle to us is less than the fuel level at time of rent start date and time, a 10% refueling charge will be levied over and above the differential refueling cost. The charges for differential refueling along with service charge shall be deducted from the Security Deposit. If the vehicle is returned with more fuel than initially provided, no refund will be issued. |
| 24 | Carrying number of persons (excluding the driver) exceeding the permissible number as specified in Motor Vehicle Act, 1988 and Rules framed thereunder (the Act) | Rs. 5000/- will be charged as penalty .The user will be held liable for any legal action arising out of these activities |
| 25 | If ferrying passengers or any goods for consideration or reward whether expressed or implied. | Rs. 5000/- will be charged as penalty .The user will be held liable for any legal action arising out of these activities |
| 26 | Carrying pets or any type of animals | A charge of Rs.1500/- will be levied as penalty |
| 27 | Towing Charges | No Charges up to 50 KMs. Additional charges at INR 80/KM, taxes and tolls extra. |
| 28 | Extra Chauffeur charges in case of a S/D car is taken with a chauffeur | Rs. 150/- per hour with a minimum billing of 8 hrs |
| 29 | Smoking | Rs. 1000/- + applicable damages to vehicle interiors |
| 30 | Liquidate Charges | Early Return PolicyHirer would be liable to pay the differential rental, between rental paid and the rental applicable in case of early returnsFor example:For initial contracted term of 6 months, and foreclosure request in 2nd month. Foreclosurecharges will be calculated as under:-Initial Contracted Term – 6 mos.Actual completed term – 2mosMonthly Rental as per contracted term – INR 26000Monthly Rental as per revised term – INR 29000Recovery – 3000*2=INR 6000 (exclusive of applicable taxes)Above charges are exclusive of taxes and taxes as applicable shall be levied extra.OPPORTUNITY COSTFor vehicle returned with damages, contracted hire charges in addition to the damage charges is payable until the vehicle is immobilized |