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 Vehicle is taken by Me on Self-Drive basis
(c) Additional Kilometers shall mean no 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 case where I have opted for unlimited kilometers to ply the Vehicle under Self-Drive
(d) Booking Confirmation mean 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 physical acknowledgement signed by Me, a copy of which is handed over to Me or through Your mobile app by name ‘Personal Car Delivery App’ (Vehicle Delivery App) wherein I have acknowledged digitally
(f) Coordinates means Your email id ‘support@personalcar.in’ or Help Line Number +91 1412782628 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 right to use the Vehicle by You to Me on a rental basis during Hire Period on a Self-Drive basis as specified by Me in the Reservation Details
(h) Hirer means Myself who has availed Vehicle during Hire Period from You on Hire
(i) Hire Period shall mean 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 Hire Period or Additional Term, as the case may be;
(j) “Hire Charges” means consideration paid and/or payable Me towards the usage of the Vehicle during Hire Period on Self-Drive basis which is more particularly stated in Reservation Details and Booking Confirmation
(k) “Indemnified Person” gmeans You and Your officers, directors, associates, agents, partners, contractors and all such person who are authorised 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 Kilometer shall mean any one of the following as selected by Me and specified in Reservation Details:
(a) 120 kilometers the Vehicle could be plied by Me in a day and cumulatively in multiple thereof depending on no of days / hours (as the case may be) for which the Vehicle is taken on Self-Drive basis during Hire Period; or
(b) 300 kilometers the Vehicle could be plied by Me in a day and cumulatively in multiple thereof depending on no of days / hours (as the case may be) for which the Vehicle is taken on Self-Drive basis during Hire Period; or
(c) Unlimited kilometers the Vehicle could be plied by Me in a day or during 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 Hire Period, excluding 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 the Me on Self-Drive basis), package type opted which are captured through the Website or Mobile App as referred above
(p) Vehicle shall mean 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 document out of the pool of vehicles available with UPCR.
It is hereby clarified that You shall have right to substitute the Vehicle, during Hire Period, with another Vehicle of same category and age by giving Me prior intimation
(q) Security Deposit shall mean the interest free refundable paid by Myself to You as a security during the Hirer Period towards Vehicle taken on Self-Drive basis as specified in Reservation Details.
(r) Self-Drive mean 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 becomes due and payable by Me upon occurrence of any of events specified in the said section of Schedule of Charges and displayed on Website at https://www.personalcar.in/
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 A HIRE
2.1 Upon receipt of the booking request as specified in Reservation Details from Myself by You through Website or Mobile Application or through Coordinates and upon providing of Booking Confirmation o by You to Me, You have agreed to provide the Vehicle on Hire basis to Me for the Purpose for a day(s)/ for a month(s) mentioned in the Reservation Details
2.2 At the time of handing over of the Vehicle to Me, either I have signed a physical document known as checklist or signed digitally through Vehicle Delivery App acknowledging the receipt of the Vehicle alongwith Vehicle details such as make, model, Registration No of the Vehicle etc. I confirm that the Hire Period shall commence immediately upon handing over the Vehicle to the Me by Your representatives.
2.3 I hereby confirm that:
2.3.1 I have attained 21 years of age as on Commencement Date;
2.3.2 I have driving experience of a minimum of 1 year and that I am possessing valid driving license, voter ID/Passport and/or PAN and Aadhaar Card which I have furnished to You.
2.3.3 I have taken 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 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, You shall be responsible for any luggage and/or items left by Myself and/or the co passengers in the Vehicle
2.5 I hereby undertakes to abide by existing legislation and Applicable Law pertaining to the use of Vehicle including but not limited to situation 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, charges 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 upto 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 Vehicle before Commencement Date. I shall have to return the Vehicle with number of liters of fuel as was available and indicated in fuel gauge indicator at the time of Commencement Date. If the Vehicle is returned by Me with lesser fuel than required to make the number of liters as was available in the fuel gauge indicator at the time of Commencement Date, then, I shall pay to You the cost of the liters of fuel required to fill the fuel tank as required to bring it to the level prevalent at the time of Commencement Date and indicated in fuel gauge indicator. Your decision in this regard shall be final in determining the number of liters required to fill the fuel tank. Besides above, I shall be required to pay charges as specified in Schedule of Charges for refueling to be done by You. You shall deduct the fuel cost along with service charge and other charges from the Security Deposit or I shall undertake to pay the same through weblink 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 as issued by UPCR (“Instructions/Guidelines”) from time to time which includes (i) Taking My photograph along with Vehicle (ii) taking photograph of the Vehicle number plate (iii) for payment of interstate charges when the state border is crossed. I hereby explicitly allow Your representative to take picture as required under this section
2.8 I am permitted to drive the Vehicle up to the Permissible Kilometer. 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 the same and specified in Reservation Details. If for any reason the luggage carried is not provided by You to Me, despite opted by Me at the time of booking of the Vehicle, then You shall refund the charges paid by Me towards the luggage carrier
2.10 In case I have opted for trip protection plan (Insurance Cover) as specified in Reservation Details then You shall provide the same. I have been clarified that You have tied up with Reliance General Insurance Company (“Insurer”) to provide Me with an option of Insurance Cover at the My sole discretion. In the event, I have taken Insurance Cover, I understand and acknowledge that You shall not be responsible for any claims raised by Me with the Insurer. Any claims raised under this head shall be solely governed under the terms and conditions of the Reliance General Insurance Company/Insurer. Insurance policy once issued cannot be cancelled and are non-refundable.
2.11 I acknowledge that You reserve 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 withing 7 to 10 working days of cancellation by you.
2.12 If third-party lays claim to or detains the Vehicle or otherwise take 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 in that regard. If I lose legal or physical control of the Vehicle, I shall inform You within four hours and if necessary, take appropriate measures to ensure recovering 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 the 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 and if the Security Deposit amount fall short of payments due, then the I shall be liable to pay the same upon receipt of notice of demand in that behalf
2.13 I shall be liable to pay charges / penalties specified in the Schedule of Charges if I fail to adhere to terms of Use of Vehicle as specified herein below or any other non-compliances as observed by You
2.14 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 then the same cannot be altered under any circumstances. If I wish to alter the Permissible Kilometers originally opted then I shall have to cancel the original booking and shall have to cause new booking only.
3.1 The Hire Period shall commence on the Commencement Date and end on the last of the Hire Period.
, I hereby agree to following terms and conditions:
(a) I can cancel the booking by logging into My Personal Car account 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 designated Coordinates and I shall be liable to pay charges as specified in Schedule of Charges for such cancellation. Cancellation charges are dependent on the fact that the Vehicle is availed by Me for number of hours of number of days
(b) In case I fail to pick up the Vehicle as per the scheduled pick-up time as 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 Hire Charges and Security Deposit paid by Me and the remaining amount post necessary adjustment shall be refunded to Me by You within 7 - 10 working days of the cancellation and where after such adjustment if it is ascertained that there is still amount due and payable then I shall pay the same through the weblink provided by You to Me on My mobile number and email.
4.1 If I desire to extend the Hire Period, as specified in Reservation Details, for further period (“Additional Term” ), I shall be required to inform You via designated Coordinates minimum 4 hours prior to the scheduled return time. You shall ascertain possibility of extension for Additional Term and communicate to Me within one hour of request. If You confirm the availability of the Vehicle for Additional Term, then I shall pay the contracted Hire Charges for the Additional Term through weblink to be provided by You on My mobile no or email id registered with You
4.2 If, however You have advised Me of non-availability of the Vehicle sought for the Additional Term, then I shall have to return the Vehicle on original scheduled return time. If I fail to return the Vehicle on scheduled return time, I shall pay contracted Hire Charges in addition to Rs 300/- per hour without any demure or protest through weblink to be provided by You on My mobile no or email id registered with You
4.3 In case I fail to return the Vehicle on the scheduled return time without informing You of such a delay, such delay shall deem to be considered as Additional Term and I shall pay the contracted Hire Charges for the Additional Term in addition to Rs 300/- per hour without any demure or protest through weblink to be provided by You on My mobile no or email id registered with You.
I confirm and acknowledge that:
(a) I have read and understood the terms and conditions of this document of the usage of the Vehicle and shall adhere to the same during the Hire Period or for Additional Term, as the case may be.
(b) the Vehicle is provided by You to Me not for any other reason other than the Purpose.
(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 to make any addition or alteration to the Vehicle or carry out any repairs or replacement to the Vehicle or any parts and accessories thereof during the Hire Period or Additional Term, as the case may be.
(e) I have 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 allowed to be plied by the person who has a valid driving license. In case I allow any other person to drive the Vehicle then I shall notify to you in advance and also shall supply 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 and in case the same is done then I shall replace the same at My cost and consequences and I shall also pay the charges stipulated in 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 India geographical limits without Your prior written permission.
(k) I shall not use the Vehicle to carry 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 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 animal(s), I shall be liable to pay charges as specified in Schedule of Charges.
(o) I shall not carry Myself or allow others to carry any contraband, hazardous or inflammable material, firearms or other band 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 motor sport 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 to the Vehicle.
(u) I shall not do or omit to do or be done 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 UPCR.
(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 on 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 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 Hire Period alongwith applicable GST. Your decision in this regard shall be final and conclusive
(z) In case of 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.
6.1 In consideration of provision of the Vehicle by You to Me on Subscription basis, I have paid / shall pay to You the Subscription Fee, in advance on monthly basis during 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 Hire Period or for the Additional Term, as the case may be, You shall provide weblink on My mobile no 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 Booking Confirmation, if I have plied the Vehicle over and above the Permissible Kilometer
6.2 Besides Subscription Fee, I am also liable to pay FASTag charges and other charges as specified in Schedule of Charges depending on the trigger of events as specified therein. Levy of such other charges by You shall be final and binding upon Me and I shall not contest the same anytime during Hire Period or Additional Term, as the case may or anytime thereafter and I shall be liable to pay such charges without protest, and demure.
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 Income Tax Act or any other statute/rule/bye law in force provided I am entitled to do so.
6.5 I understand and agree that Subscription Fee as specified in Reservation Details will not change as a result of any promotional offers or discounts, and that I shall not request for any variation and/or reduction or seek any benefits in terms of 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 6.1.6 below
6.6 In case where I decide, after Commencement Date and during Hire Period, to surrender back the Vehicle prior to the last day of Hire Period as opted by Me and specified in Reservation Details and in Booking Confirmation, I shall be liable to pay liquidate damage which shall be equivalent to amount as specified and explained in Schedule of Charges by way of example.
7.1 I have paid Security Deposit for an amount as indicated in 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 Security Deposit or as and by way of preauthorized amount subject to terms of this Agreement
7.2 In an event of expiration of Hire Period or Additional Term, as the case may be and prior to the refund of the Security Deposit to Me, You shall have 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 On 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 balance left, if any, with You after adjustments of the amounts due to You within 7 to 10 working days.
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 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 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 and in particular conditions specified in Clause No 5 above..
(b) I have, without Your consent, attempted to transfer or otherwise dispose of the Vehicle by way of sell, 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) I have become bankrupt or become insolvent or 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 has been instituted by or against Me, voluntary or otherwise; or
(d) I am in breach of any representation or warranty as mentioned in Clause 23 or they are found to be or become incorrect.
10.1 Upon end of Hire Period / Additional Term or Termination of the Agreement in terms of clause 9.1 above, I am required to surrender of 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 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 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 section 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 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 decision made by You in this regard shall be final and binding on Me. Moreover, if the Vehicle is returned in unclean or unhygienic condition and if You are caused to incur any cost in that regard including but not limited to refurbishing of 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 Hire Period or Additional Term or Termination of Hire of the Vehicle under this document, as the case may be, You shall have 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 that You shall be entitled to repossess the Vehicle whenever it is found and 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 its 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 Schedule of Charges. Under no circumstances I shall attempt to return the Vehicle in a city which is different than the city in which the Vehicle was delivered to Me. If I do so, the 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 re-possession and shall irrevocably and unconditionally indemnify 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 re-possession.
11.1 I am required to fulfil 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 was 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 Your representative for capturing the image of any one out of following documents as an additional identity proof:
(i) Election/Voter’s Card;
(ii) Valid Passport; or
(iii) Utility /Telephone Bills
(c) I shall co-operate 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.
You shall have right to inspect the Vehicle at such interval as may be deemed appropriate by You and that I shall not have any objection to such inspection. Upon your request, I shall also provide latest photo images of Vehicle from all sides including dashboard or live video recording of the Vehicle.
13.1 You shall ensure to maintain a 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 be done 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 a fire explosion, self-ignition or lightening, burglary, riot, earthquake, flood, hurricane, storm, tempest, cyclone, frost, malicious act and/or terrorist activity, I shall immediately notify to 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 aforesaid, You shall, at all times, retain the unequivocal right to initiate an investigation in the event of any loss occurrence.
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 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 designated Coordinates. In the event any issues or damages need urgent repair or fixing (in place other than location), I shall get the same fixed at Vehicle’s manufacturer authorized workshops only. If I pay for repair of the Vehicle, I shall be required to keep the original invoice which is subject to You verification, which conspicuously captures the date and time showing that it was incurred during the Hire Period. I shall ensure that such receipts of payment made by Me shall have to be compulsorily in Your name so as to enable you to process my reimbursement claims. I shall give a physical original hard copy of the receipt to Your representative within 5 business days from the date of expenses being incurred. You will reimburse to Me the expenses incurred by Me by way of crediting My bank account or debit card, post the verification of claim and corresponding invoices provided by Me and receipt are in Your name. 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 and drop facility for causing periodical servicing of the Vehicle subject to the condition that the Vehicle is within the local municipal limit where Vehicle was originally delivered
14.4 I shall be solely responsible for the damages to the Vehicle (mechanical or accidental damages) which, in the Your opinion or Your agent’s opinion, has been caused willfully and/or is the result of rash and negligent driving or any other negligent/malicious act and I shall at My own cost and expenses cause the repairs of the Vehicle at the manufacturer’s authorized workshop.
15.1 In case of any RSA involving the Vehicle or in case of breakdown, accidents, payments relating to RSA, servicing, complaints and escalation matrix in case of complaints, I shall report to 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).
16.1 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, unauthorised parking, excess speeding, jumping red light signal, 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 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 (for example, if the case is being taken to court). If I fail to pay charges as specified in Schedule of Charges and fines, penalties and other charges as levied by regulatory authorities then You will pay those amounts and I shall reimburse the same to You within 7 days from the date of receipt of such information from You or alternatively You may pay the same through 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 is not caused by Me
17.1 I shall alone be responsible for any Traffic Violations or violation of any provisions of the MVT Law with regard to use of the Vehicle during 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 offence or violation by Me or any person using the Vehicle on My behalf.
17.2 All indemnities contained under the document shall survive the termination of the Hire of Vehicle under this document or in so far as they pertain to events / occurrences that transpired during the Hire Period or Additional Term, as the case may be.
18.1.1 In case of 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 accident resulting into any bodily injury or death any person involving the Vehicle, I hereby indemnify Indemnified Person from all loss, damage, cost, charges, expenses that may be suffered by You as a result of such an action on My part .
18.1.3 In case of partial damage to the Vehicle where cost of damage ascertained by You is less than Rs 1,00,000 then I shall be liable to pay to You the charges as specified in Schedule of Charges and where partial damage cost ascertained exceeds Rs 1,00,000 or the Vehicle is rendered to total loss, as the case may be then I hereby confirm and acknowledge that the Subscription Fee paid by shall stand forfeited and that I shall, in addition, be liable to pay to You the difference between the book value of the Vehicle at prevalent in Your books of accounts at the time of occurrence of accident and insurance settled value
18.1.4 In case where due to accident if there are any damages to the Vehicle which requires repairs or restoration of the Vehicle to its original condition prior to such accident and where the insurance claim is rejected by 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 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 accident is not carrying valid license.
(b) Any other person driving the Vehicle at the time of accident is a minor;
(c) Myself or any other person driving the Vehicle is under influence of alcohol or drugs or any other toxic substance at the time of accident;
(d) Damages / theft or loss to the Vehicle or any third person has been caused willfully and/or is the result of rash and negligent driving or any other negligent/malicious act by Myself or any other person driving the Vehicle; or
(e) Claim is inadmissible in accordance with the terms and conditions of Insurance policy.
18.1.6 I shall, immediately, notify at the designated Coordinates of the occurrence of accident of the Vehicle 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 or third party property damage or involving bodily injury to third person, I shall furnish to You following details and shall, if required, appear before the court or any other authority to give evidence thereof:
(a) Date, time, and place of 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 name, addresses, and phone number of witnesses, passengers, and any other involved persons;
(f) Circumstances of the accident describing immediate surrounding environment and the Vehicle position prior to the accident; and
(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 complaint shall not contain any discrepancy, 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 settlement initiated or accomplished by Me with the third parties shall be solely borne by Me.
18.1.8 I will notify to 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 case, I shall be liable to pay to You the difference between the book value of the Vehicle at prevalent in Your books of accounts at the time of occurrence of accident and insurance settled value .
I shall be provided with the replacement vehicle within the city limits only (subject to availability of similar segment in the city) and in all such cases where a Vehicle has developed mechanical error and restrains Me from its use. In case, where the Vehicle develops such error outside the city limit, replacement vehicle shall not be provided. Your decision related to replacement vehicle shall be final.
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.
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.
22.1 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 Office address by personal delivery or post or courier or at email at selfdrive@Ultimate Personal Car Rentalindia.com and to Me at My address or email id specified by Me in an Reservation Details. Any such notice or other communication will be deemed to be effective if sent by personal delivery, when received; if sent by registered post, on receipt of the acknowledgement and if sent by courier, on receipt of the same, if sent to You at its email, on receipt of return receipt by Myself and if sent to Me on My email ID, on receipt of return receipt by You; if sent on by You on My Mobile then upon indicating blue tick on mobile phone through which You have sent
22.2 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.
Each Party hereby acknowledges, undertakes and warrants that:
23.1 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 Prevention of Corruption Act, 1988 (as amended from time to time) and policy of other party, if any, governing prevention of bribery and corruption.
23.2 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 favour in cash, kind or otherwise which is prohibited by the applicable Laws.
23.3 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.
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 public for any reason.
(c) To detect, prevent or otherwise address fraud. Such disclosures may be carried out without notice to Me
Neither Party shall be liable for any breach of this Agreement caused by Force Majeure events which is not within 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 affects 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.
The Parties hereby confirm that they have full power and authority to enter into this document and honor their respective obligations under this document
In relation to any time, date or period fixed under this document, time shall be of the essence.
28.1 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.
28.2 In the case of any dispute or any difference between the Parties arising out of or in relation to this document including dispute or difference as to the validity of this document or interpretation or any of the provision 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 shall have arisen then the same shall be referred to Arbitration or the sole arbitrator to be 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 the Parties. The venue of the arbitration shall be Jaipur(Raj). The language of arbitration shall be English.
28.3 Subject to Clause 28.2 above, wherever judicial intervention is possible, the parties herein agree that the Courts at Jaipur shall have jurisdiction to the exclusion of all other Courts
29.1 This document shall be governed by and construed and interpreted in accordance with the laws of India.
29.2 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
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 ULTIMATE PERSONAL CAR RENTAL if it happens again in the next booking 2nd Instance >= 80km/hr. - INR 2500 + GOVT. fines (if any) plus expulsion from ULTIMATE PERSONAL CAR RENTAL >= 80 km/hr. - INR 2500 + GOVT. fines (if any) plus expulsion from ULTIMATE PERSONAL CAR RENTAL |
|
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 ULTIMATE PERSONAL CAR RENTAL 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 |