Terms & Conditions

 
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
 
  1. TERMS OF RENTING OF BIKE
 
  • The Bike Rider shall as and when required by him/her, during the term of this Agreement, place the order for Bike ("Rental Order") specifying the type of Bike, time period for which the Bike is to be used by the Bike Rider and the Company shall provide the Bike to the Bike Rider on rent in accordance with the terms and conditions as specified in this Agreement.
 
  • The Bike Rider shall simultaneously with the placement of the Rental Order, submit with the Company in originalof valid driving license, passport /Aadhar Card/ Voter ID of the Bike Rider and any other document that may be required by the Company. The Bike Rider hereby represents and warrants that the Bike Rider shall submit genuine, voluntarily, correct and accurate documents, set out in this Clause, to the Company.
 
  • The Company upon the receipt of the Rental Order and upon receipt of the rental amount as specified in the website shall confirm the booking and the Company shall send confirmation e-mail to the Bike Rider.
 
  • The Bike Rider shall thereafter reach the designated location, as informed by the Company and the possession of the Bike along with the documents in relation to the Bike as appended in Annexure B to this Agreement ("Bike Documents") shall be handed over by the officials of the Company to the Bike Rider for rental ("Rental Period").
 
  • If the Bike Rider does not show up for picking up the Bike within 1 (one) hour of scheduled pick up time, the booking for the said Bike shall be considered as no show and be cancelled and complete booking amount will be forfeited.
 
  • In the event of the driving license being changed, altered, expired or renewed during the term of this Agreement, a copy of the same shall be handed over to the Company within 24 hours of such renewal of the driving license. However, in the event the driving license of the Bike Rider has expired or has become invalid for any reason whatsoever, during the period where the Bike is in possession of the Bike Rider for its use, the Bike Rider shall within 24 hours of the driving license of the Bike Rider having expired or having become invalid, shall hand over the possession of the Bike to the Company along with the Bike Documents.
 
  • In the event where Bike Rider anticipates delay in Bike return, he shall contact the Customer Care Department of the Company to inform the delay.
 
  • In the event the Bike Rider desires to extend the period of usage of Bike beyond the Rental Period, it shall intimate to the Company 6 hours prior to expiry of the Rental Period in case of hourly bookings and 24 hours prior to the expiry of Rental Period in case of daily bookings. The Company may extend the period of lease of the Bike beyond the period of Rental Period ("Additional Period") depending upon the availability of the Bike, to the satisfaction of the Company. In the event the Company intimates to the Bike Rider that the Bike cannot be rented to the Bike Rider for the Additional Period, Bike Rider shall not be entitled to use the Bike for a period beyond the Rental Period and the Bike Rider shall hand over the possession of the Bike along with all the Bike Documents before the expiry of the Rental Period.
 
  • Parties agree that the Bike Rider shall be charged 100% of the actual rental amount, mentioned in the invoice, in addition to such rental amount for such extra period of unauthorized use or possession of Bike.
 
  • Notwithstanding anything contained in Clause 1.9 above, the Company shall have a right to re-possess the Bike upon the termination of the Rental Period/Additional Period.
 
 
  1. OBLIGATIONS OF THE BIKE RIDER
 
  • The Bike Rider represents and warrants the Company that the Bike rented to it by the Company shall be self driven by the Bike Rider only and the Bike Rider shall not assign/sub-rent/license the rights in the Bike to any other person whatsoever. In the event of breach of this Clause, all liabilities in relation to the Bike will be passed on to Bike Rider apart from forfeiting Security Deposit and booking amount.
 
  • In the event the Bike Rider allows or permits use of the Bike by any person other than the Bike Rider, the Bike Rider shall be liable to pay damages to the tune of Rs. 5000/- (Rupees Five Thousand only) to the Company or damage repairs (whichever is higher) for each such unauthorized use of the Bike.
 
  • The Bike Rider agrees that he will return the Bike, together with all its tyres, tools, Bike documents, accessories and equipment, to the agreed return location specified on the date in the invoice. In the event where the Bike Rider desires to return the Bike before scheduled drop time, he shall not be entitled to get/claim any refund/waiver for the balanced period for which the Bike was booked, under this Agreement. The Bike Rider shall ensure that the Bike, along with accessories and requisite documents, are in proper operating condition for the purpose for which it is required, to the satisfaction of the Company. The Bike Rider shall ensure that the tyres are in good condition without puncture or any other defect that renders the tyres non workable.
 
  • In event of damage caused to any part of the Bike or any accessory thereof, other than normal wear and tear thereof, the Bike Rider agrees to repair and/or replace the same forthwith at his/her own expense with a part/accessory/tyre of the same dimension/brand and in equivalent state of wear at its own cost. No parts of the Bike shall be replaced without obtaining a prior written consent of the Company.Any returns after  9PM unless booked till 10PM, or in case extension, a fine of Rs.500/- will be charged.
 
  • The Bike Rider shall return the possession of the Bike to the Company in the condition, subject to normal wear and tear in which the delivery of the same was taken. In the event, upon the handing over of the Bike by the Bike Rider, the Company finds any defect in the Bike or any part or accessory of the Bike is damaged or defective, any further damage which is not apparently visible to the naked eye but found by the service team such damage will be compensated by the rider, the Company shall deduct/charge such amount as required for repairing&the standing charges equal to the bike rent until the bike is repaired,the rental will be borne by the rider.
 
  • In case of vehicle being damaged or a break down, it is the responsibility of the rider to ensure the safety of vehicle and to bring the bike back to its original condition or if needed, tow the vehicle back to a TWIC authorised service station only. All charges pertaining to this has to be borne by the rider.
 
  • In cases of latent or hidden defect which the Company discovers within a period of 15 days from the date of handing over the possession of the Bike by the Bike Rider, the Bike Rider shall be responsible to pay for said damage.
 
  • The Bike Rider shall pay all the toll taxes and other taxes linked with usage of the Bikes in as per the applicable laws. The Bike Rider shall pay the state entry tax as per the applicable laws irrespective of the period of usage of the Bike.
 
  • The Bike Rider shall hand over the possession of the Bike to the Company upon the expiry or termination, as may be the case, of the Rental Period or Additional Period, as may be the case, of the Bike. The Bike Documents shall be handed over to the Company by the Bike Rider simultaneously with handing over of the possession of the Bike to the Company.
 
  • It shall be the responsibility of the Bike Rider to take care of all its belongings in the Bike and check the same at the time of handing over the possession of the Bike to the Company. The Company shall not be liable for loss or damage to any belongings of the Bike Rider and the Bike Rider shall not claim from the Company for the loss or damage of any of its belongings.
 
  • The Bike Rider shall neither use nor allow the Bike to be used for any illegal or unlawful activity or for any other purposes contrary to the provisions of the applicable laws. The Bike Rider shall neither consume nor allow the consumption of any contraband or psychotropic substance in the Bike.
 
  • The Bike Rider shall neither carry or allow or cause any person to carry any arms, ammunition or inflammable or explosive substance inside the Bike.
 
  • The Bike Rider shall be solely liable for cost of all fuel consumed during the Rental Period and/or Additional Period as may be the case.
 
  • The Bike Rider hereby acknowledges and warranties the following:-
 
  1. An over speeding fine of flat Rs.1000/- per Instance if found overspeeding above 110KMPH on the GPS device.
  2. Handing over the Bike in the same good order and condition to the satisfaction of the Company; failing to do so will attract fine to the cost of damaged costs with labour charges to fix it from aTWIC tie-up/authorised service station only.
  3. Insurance claim for the bike is an option that can be executed at will only by the Company, the rider has no say over it and the rider also agrees that he/she will not insist for the Insurance claim to repair the bike.
  4. That the Bike Rider agrees that after being handed over with the possession of the Bike, the Bike shall not be operated;
  5. Not to transport goods in violation of Customs regulations or in any other illegal manner;
  6. Not to participate in motor sport events with the Bike;
  7. Not to drive the Bike after consumption of alcohol or narcotic drugs;
  8. Not to ride the Bike outside the territory of Karnataka.
  9. Bike Rider will not take a Bike to high terrain areas, terrorism/naxal affected areas;
  10. Always lock the Bike when not in use and ensure it is adequately protected against damage due to adverse weather conditions;
  11. Not allow any person without the prior authorization of the Company to carry any work which otherwise interferes with the Bike or any part thereof except if the prior authorization cannot be obtained and the repair is minor to the tune of Rs. 500/-(Rupees Five Hundred Only);
  12. Bike Rider shall give immediate notice to the Company within 4 (four) hours of any loss or damage caused to the Bike or any breakdown, malfunction or other failure thereof. The Bike Rider shall not continue to use the Bike in the event of damage to or a breakdown of the Bike if to do so would or might cause further damage to the Bike. The Bike Rider shall take the Bike to the nearest authorized service centre for repair and pay such cost as estimated by the authorized service centre and shall ensure delivery of the Bike of the Company. The Bike Rider shall be responsible to bear all cost for handover of the Bike;
  13. Without prejudice to provision for Company's right to indemnification under this Agreement, the Bike Rider agrees to pay to the Company for each and every breach of terms and condition of this Agreement as detailed in this agreement;
  14. Not sell, assign, pledge, let or hire or otherwise dispose of the Bike and/or its equipment or attempt to do any of these things;
  15. Neither remove nor change any name or other mark identifying the ownership of the Bike;
  16. Neither drive the Bike beyond permissible speed limit;
  17. Acknowledge that the Bike is and shall be throughout the period of its hiring be the sole property of the Company and/or its affiliates and all rights thereto shall vest in the company and/or its affiliates;
 
  • The Bike Rider is personally liable to pay the Company on demand:
 
  1. All fines and court costs for parking, traffic or other legal violations assessed against the Bike, the Bike Rider, even after the Bike is returned, except where caused through fault of the Company.
  2. The Company's cost, including reasonable legal fees incurred collecting payments due from the Bike Rider hereunder;
  3. The Company's cost for repairing collision or upset damages to the Bike;
  4. Service Tax and all other applicable taxes shall be payable extra and in addition to the rental amount.
  5. For the duration the bike is being repaired/in the service station for damage repairs, the rider will agree to pay the full rental of the bike until it is repaired and added back on the Company’s fleet of vehicles.
 
  • That the Bike Rider undertakes to take all necessary steps to protect the interest of the Company and shall ensure that the Bike is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance.
 
  1. The Bike Rider shall not do or allow to be done any act or thing where by any such policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance. The Bike Rider shall further participate as an insured under an automobile insurance policy. The Bike Rider is bound by and agrees to the terms and conditions thereof. The Bike Rider agrees further to protect the interests of the Company and its insurance company in case of accident or theft by doing the following, as applicable:
  2. By co-operating with the Company to comply with necessary documentation and other formalities required for claiming insurance;
  3. Obtaining names and addresses of the parties involved, and of witnesses;
  4. Not abandoning the Bike without adequate provision for safeguarding and securing same.
  5. Calling the Company within 4  hours by telephone and forward a copy of FIR (if applicable) even in case of slight damage;
  6. Notifying the police immediately if another party's guilt has to be ascertained, or if any person is injured.
  7. Notwithstanding anything contained in this Agreement, the Bike Rider shall be liable to pay for damages not covered under the Company's insurance policy for the Bikes.
  8. The Bike Rider hereby further represents and warrants that the information and documents of the Bike Rider supplied by him/her to the company are true, correct and accurate.
 
  • The Bike Rider hereby acknowledges and agrees that the Bike Rider shall be liable in respect of the Bike including but not limited to any challans, penalties, third party liability, accidents and the Bike Rider shall indemnify the Company against any losses, damage, costs and liabilities etc., in this regard.
 
  • The Bike Rider hereby understands and agrees that the Security Deposit shall be refunded to the Bike Rider, after deduction of damages and any other amounts payable under this Agreement.
 
  • In this Agreement, the word “Bike” shall in addition to the meaning ascribed hereto shall also include any replacement thereof and shall include all equipment, accessories, tools and spare tyre relating to the same and the singular shall where as appropriate including the plural and vice-versa. Any reference to any statutes shall be deemed to refer to any statutory modification or re-enactment, or any rules, regulations, notifications, circulars, etc. made or issued thereunder for the time being in force.
 
  • The Bike Rider agrees that the data provided in this Agreement and at the time of placing the Rental Order may be stored, processed and transmitted manually/electronically by the Company. The Bike Rider also agrees to provide accurate information Rental Order and shall be liable for any damages and disputes arising due to the inaccuracy of the information.
 
  1. RIGHTS AND OBLIGATIONS OF THE COMPANY
 
  • In an event wherein cancellation of the Rental Order is done by the Company for whatsoever reason, Company shall refund booking amount to the bike rider. In case of cancellation of booking by company due to unavailability, full booking amount will be refunded and Bike Rider will also get discount on next booking. Cases related to cancellations due to Force Majeure but not limited to acts of God, embargoes, governmental restrictions, materials shortages or failure of any Company (where such shortage or failure is attributable to an event of force majeure suffered by such Party), fire, flood, explosion, earthquake, hurricanes, storms, tornadoes, riots, wars, civil disorder, failure of public utilities or common carriers, labour disturbances, rebellion or sabotage or circumstances beyond Company’s control will not be covered under this clause and in such cases only booking amount will be refunded. Parties hereby agree that under no circumstances the liability of the Company shall exceed the rental charges of the Bike.
 
  • Notwithstanding anything in this Agreement, the Company has the sole right to refuse delivery of the Bike to the Bike Rider upon placement of the Rental Order without any reason subject to refund of amounts paid by the Bike Rider to the Company.
 
  • Notwithstanding anything contained in this Agreement, the Company reserves the right to take back the Bike at any time during the continuance of Rental Period or thereafter, if in the opinion of the Company, the Bike Rider or any third party may damage the Bike or may use the Bike for any unauthorized purpose.
 
  • The Company hereby declines that it has no responsibility for subjects left in the Bike during the Rental Period of the Bike. The Company further declares that it has no responsibility for injury to third parties or damages to the Bike, which the Bike Rider may cause during the Rental Period or Additional Period.
 
  • The Company whilst taking all precautions and using its best efforts to prevent such happening shall not be liable for any loss or damage arising from any fault or defect in or from mechanical failure of the Bike of any consequential loss or damage.
 
  1. TERMINATION
 
  • The Company shall have the right to terminate this Agreement vide giving a written notice of 12 2 hours in the event Bike Rider breaches any of the warranties contained in clause 2.13 of this Agreement. The booking amount in such case shall be forfeited by the Company.
 
  1. INDEMNITY
 
  • The Bike Rider agrees to indemnify and hold the Company including its directors, shareholders and employees harmless for any loss suffered by the Company including reasonable legal costs and third parties claims arising out of or in relation to the breach of its obligations, representations, warranties and covenants by the Bike Rider of this Agreement and against all claims, penalties, proceedings, civil or criminal, initiated against the Company as a result of such breach.
 
  • The Bike Rider agrees to indemnify and hold the Company its, shareholders and employees harmless for any loss suffered by the Company including reasonable legal costs, liabilities, costs actions, claims, any fines or penalties imposed in respect of or arising out of use of the Bike, including losses on account of any third party liability and third parties claims, as a result of unlawful or illegal use or misuse of the Bike by the Bike Rider or as a result of use of the Bike for the purposes contrary to those set out in this Agreement.
 
  • That Bike Rider hereby releases and agrees to indemnify the Company its directors, shareholders and employees and hold harmless from and against any liability for loss or for damage to any property (including costs relating thereto) left, stored or transported by the Bike Rider or any other person in or through the Bike during or after handing over of the possession or at the time of repossession of the Bike to the Company.
 
  • The Bike Rider shall be solely responsible for and hold the Company fully indemnified against any loss, theft, damage, costs, accident or injury (including death) to persons or property, including loss, theft, damage, accident of the Bike, accruing in connection with the Bike or as a result of the negligent use thereof and against any breach of obligation by the Bike Rider of this Agreement. This Clause relating to obligation of the Bike Rider to indemnify shall survive termination of this Agreement.
 
  1. MISCELLANEOUS
 
  • Amendment:- Any addition, amendment or alteration to the terms and conditions of this Agreement shall be null and void unless agreed upon in writing by the Parties.
 
  • Assignment:- The Bike Rider shall not transfer or assign any of its rights or obligations under this Agreement without the prior written approval of the Company.
 
  • Notice:- Unless otherwise stated, all notices, approvals, instructions and other communications for the purposes of this Agreement shall be given in writing and may be given by facsimile, by e-mails, by personal delivery or by sending the same by registered acknowledgement due or courier addressed to the party concerned at the address first stated herein above or any other address subsequently notified to the other party. Such notice shall be deemed to be delivered on receipt thereof.
 
  • Governing Law and Jurisdiction:- This Agreement shall be governed by and construed in accordance with the laws of India and subject to dispute resolution mechanism hereby agreed, the Parties have agreed to submit themselves to the jurisdiction of the courts at Bangalore.
 
  • Relationship of Parties:-This Agreement has been entered into on a principal-to-principal basis and nothing contained in this Agreement shall be deemed to constitute an employer-employee or principal-agent relationship between the Company and the Bike Rider. Under no circumstances shall Bike Rider be considered as an employee, representative or agent of the Company and neither party hereto shall have any right whatsoever to incur any liabilities or obligations on behalf or binding upon the other Party.
 
  • This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior communications negotiations and representations either oral or written, between the Parties, in relation hereto. The terms and conditions of the rental of the Bikes to the Bike Rider shall be governed by this Agreement.