(1) ACCEPTANCE OF TERMS
GENERAL TERMS & CONDITIONS
You agree to rent the motorcycle (the “rental”) and comply with the terms and conditions, both printed and written below (the “Agreement”) and pay all fees and charges due under this Agreement, even if you did not specifically authorise the charges. This Agreement is between the person signing this Agreement (“you”, “your” or “renter”) and the rental car company trading as “Indiabikes” doing business as Telesoft Neutek Private Limited (“us”, “we”, “Company” or “Telesoft Neutek Pvt. Ltd.”). The renter also refers to any additional Authorised Driver. All Authorised Drivers are jointly and severally liable for the obligations under this Agreement. "Selfdrive Tours & Rental' is be termed as "lease" for durations of more than 2 months other term and conditions remain the same.
Specific Terms and Conditions:
1. Local Use: * Motorcycles are rented for local city/ within State use unless otherwise agreed. * Additional charges may be applicable if the Motorcycles travels beyond city/ State limits. In case the motorcycle is returned or booked between 2300 to 0500 hours, night detention charges may be applicable. Outstation Use: * All inter-state taxes, permit fee and any other levies will be extra as per actuals. * Service Tax/VAT will be as applicable. Any other taxes levied by the govt. will be charged extra. Terms and Conditions to be complied by the renter in respect of Authorised Drivers (Self Drive)
2. Authorised Drivers: * The vehicle may be driven only by an Authorised Driver. An Authorised Driver is you and any additional person who appears at the time of rental for you and signs this Agreement. * All Authorised Drivers warrant that they satisfy the age requirements, have a valid driver's license and fulfill our other qualifications mentioned below.
3. Computation of Charges: Authorised Drivers: * * Minimum age of renter and/or Authorised Driver must be 21 years. * Renter and/or Authorised Driver must carry valid passport. * Renter and/or Authorised Driver must possess a valid national/ international driving license held for at least 3 years. * Renter and/or Authorised Driver must possess a valid credit card issued by a National/International bank. * Cost of fuel/ oil is to be borne by the renter and is not included in the rental rates. * Minimum period of rental is 7 days which is defined as a the 7 day period from the time the rental starts. * Hours in excess of 3 (three) hours will be charged as full day rent. * All inter-state taxes, permit fees and any other levies will be charged to the renter at actuals.
4. Insurance: * All motorcycle carry comprehensive insurance. All claims to be settled as per Indian insurance laws. * The renter also undertakes to fill and sign the Company's Accident Reporting form as applicable. * The renter shall ensure that in case of accidents/legal cases, he/she will make himself/herself available for settlement of such cases. The renter shall keep the Company, its directors and employees indemnified against all consequences, claims and demands that may arise as a result of injury/suffering by any accident or any other event caused by the renter.
5. Accident/breakdown/theft * The vehicle must never be removed from place of accident until police report has been completed and the Company has been notified. * In case of any accident with your rental you must immediately contact the nearest police station and make an FIR/accident report. * If you do not report accident to the police and do not comply with the requirements under the laws of India, insurance may become invalid & you could be liable for legal proceedings under the laws of India. * It is essential that you also report any accident or damage to the Company. * In case of other damages to the motorcycle, the above procedure should also be followed. If the vehicle is damaged while parked, you have to report the damage to the Company before the motorcycle is moved. * It is mandatory for the renter to file a police report in case of theft and to turn this document in to the Company * Any unnoticed accident or damage to the vehicle may be interpreted as negligence. This may result in a charge to the client. In case of any accident the security deposit is forfeited till the final claim is settled. Final settlement takes time and sometime may also take years. In case of own vehicle damage the security deposit is forfeited till the final claim is settled.
6. General Provisions for Renter and / or Authorised Drivers * You or any Authorised Driver may be held legally responsible for any charges and/or litigation resulting from vehicle misuse. * Renter and/or Authorised Driver must inform the Company specifically where the renter intends to drive, especially if driving out of the State. * You will return the vehicle to the renting location on the date and time agreed to at the time of rental, or sooner if we request, in the same condition as when you received it. If you fail to return the motorcycle, at the date, time and location agreed to at the time of rental, we reserve the right to notify the appropriate authorities that the motorcycle is stolen or missing. Further, you are responsible for the vehicle until we have inspected and accepted it, including any motorcycle returned at a time and location other than required by this Agreement. MOTORCYCLE SELFDRIVE TOURS & RENTAL AGREEMENT Indiabikes.com "A division of Telesoft Neutek Pvt Ltd" Page 2
7. Prohibited use of the vehicle Neither you nor any Authorised Driver may: * Permit the use of the motorcycle by anyone other than you or an Authorised Driver. * Intentionally destroy, damage or aid in the theft of the motorcycle. * Engage in any willful or wanton misconduct, which, among other things, may include reckless conduct such as: the failure to use helmets, leaving the motorcycle failing to remove the keys, or failing to close and lock petrol cap, turn off the petrol tap. * Use or permit the use of the motorcycle by anyone: (i) while legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person's ability to drive safely; (ii) for any purpose that could properly be charged as a crime, such as the illegal transportation of persons or drugs; (iii) to tow or push anything; (iv) in a speed test, speed contest, race, rally, speed endurance contest or demonstration; (v) in driver training activity; (vi) to carry persons or property for hire (i.e. for a charge or fee); (vii) if the motorcycle has been obtained from the Company by fraud or misrepresentation; and (viii) to carry hazardous materials, explosives, biologically active materials that are hazardous to human health or radioactive material. Any use of the vehicle in a manner prohibited above will constitute a breach of this Agreement, making you responsible to the fullest extent permitted by law, for the actual and consequential damages to the Company caused by the breach, together with the Company's related costs and attorney's fees. Terms and Conditions to be complied by the renter in respect of both Driven motorcycle and/or Authorised Drivers
8. The Vehicle: * You guarantee that the vehicle will be operated as required by this Agreement. You must return the vehicle in the same condition you have received it. * You acquire no title to the vehicle and no one, other than us, may transfer it. * We make no express or implied warranties of merchantability or fitness of the vehicle for any particular purpose. In no event shall we be liable to you for any indirect, special or consequential damages related directly or indirectly to any breach by us of this Agreement, motorcycles are serviced and tested before each hire however we give no warranties on performance or breakdown. In case of breakdown you are required to repair the same at your cost such that you return after your period of rental motorcycles in the same condition that was gven to you except kilometers on the meter.
9. Security Deposit * When the rental otorcycle is picked up, the client is charged an applicable security deposit.
10. Payment Terms * Payments to be made online by all National/Internationally accepted credit cards. * Where the company has agreed to credit terms (for , payments must be made within the agreed terms failing which interest @ 10 % per month will be charged. * All payments should be in favour of ' Telesoft Neutek Pvt. Ltd.' * You shall be liable to pay separately for any additional services required by you from the Company that are over and above the ones already provided. * For payments made by credit card, a signed credit card imprint will be taken for the full rental charges in advance. An additional signed credit card imprint will be taken in case the rental charges exceed the rental amount paid and/or any other incidental charges paid prior to commencement of journey. * Service Tax will be as applicable. Any other taxes levied by the govt. will be charged extra. * You will timely pay all parking/moving violations, traffic fines, or toll evasion penalties incurred by you during the rental. * You will pay us for any loss or damage to the vehicle subject to the terms of this Agreement, including any and all amounts not paid by your insurance, credit card or other coverage. * The payment made by you, for the services provided herein shall be a fundamental obligation under this Agreement. Any default of payment by you including any single default of any instalment by you, shall entitle the Company to forthwith suspend or terminate this Agreement without any notice. * The following are not included in the payments made to the Company (i) Personal accident insurance (ii) Gasoline/Petrol/Diesel (Self Drive) (iii) Garage fees, parking charges, road fees, vehicle licence fees etc. (iv) Additional taxes (v) Special requests and options including helmets, panniers, GPS, pick up and delivery charges
11. General Provisions for Renter * The service provided by us under this Agreement is for the exclusive use by you and you cannot subcontract the same without the prior written consent of the Company. * Telesoft Neutek Pvt. Ltd. shall in no circumstances be liable for any loss or damage to any of your or your passenger's personal property/valuables left, stored or transported in or on the motorcycle, our premises or in or on any other vehicle belonging to us. You agree to indemnify us and hold us harmless from any claim for loss of or damage to any personal property connected with the rental. MOTORCYCLE SELFDRIVE TOURS & RENTAL AGREEMENT Indiabikes.com "A division of Telesoft Neutek Pvt Ltd" Page 3 * In the event, the renter wishes to extend the period of rental, you must take an extension approval from the Company's website and obtain an approval number. Or call in to the company and request for extension and obtain an approval number, in case you are unable to access internet/our website.
12. Force Majeure If either party fails to perform its obligation under this Agreement due to causes beyond its reasonable control including war, fire, blockade, strikes (excluding strikes by its own personnel) or natural catastrophe or any other force majeure event, then that party shall not be held responsible for any loss or damage which may be incurred by the other party as a result of such failure.
13. Relationship Nothing in this Agreement shall create a joint venture, relationship of partnership or agency between the Company and you. Accordingly, except as expressly authorised under this Agreement, neither party has authority to pledge the credit of or make any representation or give any authority to contract on behalf of the other party.
14. Third Party Rights For the avoidance of doubt, a person who is not a party to this Agreement shall not have any right under any applicable law to enforce any term of this Agreement.
15. Settlement of Dispute Any disputes and differences arising out of or relating to this contract including interpretation of its terms, will be resolved through joint discussion of the authorised representatives of the concerned Parties. However, if the disputes are not resolved by joint discussions, then the matter will be referred for arbitration of a person appointed by the Parties. The Arbitration shall be conducted in Mumbai in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The decision of the arbitrator shall be final and binding on the parties. The entire cost of arbitration proceedings including the professional fees and other incidental expenses payable to the Arbitrator shall be borne equally by both parties. All proceedings in any such arbitration shall be conducted in English. When such dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement.
16. Applicable Law and Jurisdiction This Agreement and any matters relating to this Agreement shall be governed by and construed in accordance with the laws of India and the Courts at Mumbai shall have exclusive jurisdiction.
For Indiabikes.com
c/0Telesoft Neutek Private Limited
Signed:
Authorised Signatory
905, Technocity, Plot X5/3,
Mahape, New Mumbai 400710
Customer’s Name:
Company:
Stamp:
Date Accepted
