TERMS AND CONDITIONS FOR HIRING THE VEHICLE
Between WickedRide Adventure Services Private Limited, a company incorporated in India and having its registered office at No. 1705, II Floor, East End "A" Main Road, Jayanagar Ninth Block, Bangalore 560069, (hereinafter referred to as "WickedRide" which expression shall, unless repugnant to the context or meaning thereof deemed to include their executors, administrators, legal representatives and assigns) of the First Part and the Hirer ( You) (whosoever take on hire the select models of bike(s) from the list of wide varieties of bikes owned and operated by the WickedRide). WickedRide and Hirer are collectively referred to as "Parties" and individually as "Party". These terms and conditions govern all the regulations, rights, terms and conditions between the Parties. The term Hirer means 'You' and, unless repugnant to the context or meaning thereof deemed to include Riders of the vehicle as authorized by you, your executors, administrators, legal representatives and assigns.
If Hirer is not the Rider of the Vehicle, it is Hirer's obligation to ensure that the Rider of the bike shall follow the terms strictly. Any failure from the Rider to follow the terms of this agreement shall make the hirer liable.
If Wickedride notices at any time of the relationship that the Hirer/Rider, has committed or convicted or has pending charges or allegation of commission of offences, be it traffic norms or any other offences, then Wickedride can terminate this agreement and decline to offer any of our services and take back possession of the vehicle at any point of time.
By accepting the terms and conditions you will be legally bound to follow all the below mentioned terms and conditions during your relationship with Wickedride. Without your acceptance of the terms and conditions, WickedRide shall not be able to give on Hire any bike. If you, disagree to any of the terms of this agreement, please refrain from hiring the bike.
WHEREAS WickedRide is in the business of providing motor vehicles and two-wheelers on hire.
WHEREAS the Hirer is eager to avail the services and take on hire a motorbike and he has filled the online form containing his address and contact details, and uploaded / or agreed to provide the identity proof, and other required details. The Hirer has selected the make of the Vehicle (hereinafter referred to as the "Vehicle") by selecting the appropriate column in the Booking form. Hirer has chosen the expected time of Hire, Date of Hire, and filled/ selected carefully in Booking form. Hirer understood the tariffs and rates applicable. The Vehicle covers insurance for the risks listed in the Insurance policy taken by the company.
ASSURANCE BY THE HIRER
It is agreed that all risks associated during the custody of the vehicle is with Hirer. It is more specifically agreed further that in cases where vehicle is used in a manner which is not permitted under law or is in violation of any law, Hirer should assume absolute liability and Indemnify the owner from all statutory and other liabilities cast upon him.
1. TERMS AND conditions
The Hirer shall abide by the following
a) The Vehicle shall be used fully complying with the Motor Vehicle laws, rules notifications, and other general laws.
b) The driver of the vehicle will have a valid driving license and a copy of the driving license of the rider will be provided to WickedRide.
c) Rider shall follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act. Hirer is aware of the all the rules mentioned in the Motor Vehicle Act and refrain from;
i) Ride with more than one person as pillion is prohibited.
ii) Use / ride the vehicle under the influence of alcohol/drugs.
iii) Ride while using electronic gadgets like radio/ music, video , camera, phone by the rider or the pillion.
iv) Using vehicles to carry unlawful/ hazardous or prohibited material.
v) Using any fuel other than how it is prescribed for the select model
d) The Rider shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the member has to pay all the fines/penalties. If any case is registered by the police authorities against WickedRide, being the owner or permit holder of the vehicle, the Hirer has to compensate WickedRide all costs, fines and legal fees incurred.
e) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, WickedRide shall not protect the hirer from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the hirer shall personally be liable for all the loss or damages caused.
f) WickedRide shall also impose a fine of Rs. 500 per breach of speed beyond 100 kmph for bikes 500cc and below and speed beyond 120 kmph for bikes 501cc and above during the tenure of the ride on the hirer. WickedRide shall also have the right to blacklist the rider at its discretion.
g) The Vehicle shall not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law.
h) The Vehicle shall be returned at the time date mentioned in the Booking form without any damage.
i) If there is any damage to vehicle, WickedRide can charge the amount equal to cost of the bike/cost of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if any to Wicked Ride. In the event of an accident the hirer shall pay Rs.25000 for motorcycles more than 500 cc and Rs.15000 for motorcycles below or equal to 500 cc. The hirer shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such accident. The hirer on return of the ride shall provide a crossed cheque in the name of WickedRide Adventure Service Pvt Ltd which shall be used to settle the amount that is not approved by the Insurance Company. The hirer shall not issue stop payment request to his banker on such cheque issued.
j) The Vehicle can be used only in the area selected in the Booking formif the Hirer/ Rider is using the vehicle beyond the areas then the same shall be intimated in advance by writing.
k) All accidents, damages to vehicle, summons or notices issued by police or by court in relation to acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such incident to email@example.com. The Hirer shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to WickedRide immediately. Any misstatement or concealment is an offence. WickedRide shall not protect the hirer with the its insurance if the hirer doesn't follow the above instructions.
l) If any authority has penalized or fined, the driver or the vehicle owner in relation to Rider's usage of the Vehicle or while in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to WickedRide
m) The Hirer has verified the condition of the bike before hiring and is satisfied with the condition of the Vehicle. The Hirer shall not hold WickedRide or any other person associated, responsible for any loss of life or property due to the condition of the Vehicle.
n) Hirer/ Rider can not use the vehicle for any type or speed contests or competitions or racing and adventurous activities. You shall not use the Vehicle for Any or all type of stunts causing danger to yourself or to the pillion or fellow travellers/public.
o) Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited. WickedRide shall penalize the hirer if it is found that the hirer has caused excessive wear and tear to the vehicle.
p) Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement of any item of the Vehicle.
q) Hirer will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and third party have to be paid by the Hirer.
r) If the accident or damage to the vehicle has caused due to violation of any rules or riding requirements mentioned herein, then the Hirer has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.
s) Penalty for delay in returning the bike: All bikes are due back at the time and day agreed as per the booking form. If the hirer returns the bike beyond the time specified in the booking form he shall be charged three day's rental as penalty. If you suspect that you will be late, please extend your reservation in www.wickedride.com to avoid the penalty. We will not be able to extend if there's another confirmed reservation for the period.
t) Cancellation policy: If you cancel the booking the refund would be made as per the following schedule-
i. Less than one week before the scheduled date of Hire-- No refund
ii. One week to two weeks before the scheduled date of Hire -- 50% refund.
iii. More than two weeks before the scheduled date of Hire -- 95% refund.
If we cancel the booking due to break down, non availability of the bike or any other reason then we provide 100% refund of the rentals received.
u) If a confirmed Item/bike is unavailable post confirmation of the order, We will inform you of such unavailability, however there would be times when such an information would not be possible due to fact its beyond our control, In which case:
(i) If You have made the payment: You will be entitled to cancel the order and refund of amount paid for the Services.
(ii) If You opted for Cash on Delivery: You will be entitled to cancel the order.
v) We reserve Our sole right to cancel Your booking if:
(1) You don’t turn up on time to pick up the vehicle.
(2) The delivery address provided by You is not within the Places of Service.
(3) Failure to deliver Your order due to lack of necessary information.
(4) Unavailability of the Items /bikes ordered/ booked.
(5) Failure due to reasons beyond Our reasonable control, due force majeure events including but not limited to acts of God, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc.
Also that we operate with machines i.e. motor cycles which might break down or the previous user might not turn up on time or there can be an accident which has resulted in the bike not being available. In these situations but not limited to the ones mentioned, refund to the extent of money received would be made. [If We cancel the order in any of the above circumstances, then Clause v to the extent applicable shall apply.]
w) Crossing the State Boarder :The rider has to inform WickedRide in advance whenever he is intending to go to other states. The rider has to ensure that he takes the necessary approval at the check post and pay the permit fee before he enters the other state. Wicked Ride will not be responsible for any damage to life and property if the necessary permits are not taken while entering another state. WickedRide's Insurance will also not be valid if the necessary permits are not taken by the rider while crossing the border.
x) Documents to be submitted :The following would be the documents that need to be submitted for renting the bike-
Valid Driving License to ride a motor-cycle with gear in India. For international visitors, a valid driving license from their home country with International Driving Permit is necessary along with a valid Visa. Original to be brought, copy will be retained for record
Any two of the following
i. Test email to firstname.lastname@example.org from your work email ID
ii. Passport. Original to be brought, copy will be retained for record
iii. Swipe your credit card on our EDC machine for Rs.1. The credit card should be in your name.
y) Age limit: Hirer shall ensure that rider has to be at least 21 years of age to ride the bikes.
z) Mechanical failure/breakdown/cleanliness/maintenance during the ride : In case of a breakdown, the Rider/ Hirer has to immediately intimate Wicked Ride about the same and the location and kind of defect. Wicked ride will send a mechanic or provide a necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, Wicked Ride is not assuring a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts etc. As mechanical failure is unpredictable and Hirer is hiring the vehicle with complete knowledge that it is susceptible for mechanical failure of breakdown.
za) If not covered by the insurance of the vehicle, Wickedride is not responsible for any damage to, loss or theft of, any personal property belonging to Hirer, or for delay due to mechanical failures, accidents due to mechanical failures, regardless of fault or negligence of the vehicle or WickedRide.
zb) The rental paid by the hirer entitles him/her 12.5kms of rider for every hour booked. Every KM above the limit of 12.5 kms attracts an extra charge of Rs 5 per kms for motorcycles below or equal to 500 cc and Rs. 10 per kms for motorcycles above 500 cc. The fuel for the motorcycle shall be borne by the hirer.
2. General Terms relating use of the Vehicle
- The Hirer has to pick up the motorcycle from the location that is specified in his booking order and has to return the motorcycle in the same working condition as before at the same location in time.
- The Hirer is strongly advised to inspect the motorcycle before riding them for any physical or noticeable mechanical defects or flaw found on/in the motorcycle. The Hirer has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the motorcycle during the ride should be intimated to Wicked ride while returning the vehicle.
- The Rider is duty bound to inform WickedRide, if he/she notice any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc.
- If motorcycle is stolen during your trip, then you have to immediately inform the local authorities as well as WickedRide without any delay. An FIR shall be filed with the local Police Station. WickedRide shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the formalties.
WickedRide respects privacy of Hirer as far as possible. Hirer however agree that the following personal information of the Hirer and the Rider could be used by Wicked Ride for the following. The personal information that will be collected and used: a)The name, b) address, c) contact numbers, d) email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs. The information should be used for the following. a) share with relevant government agencies if asked to furnish any data. b) to render support in case of an accident or hospitalization with local people, police, social workers, mechanic, hospital, relatives or friends of the Hirer/ rider necessary to get support in case of any accident to the person c) use this information for promotional purposes, giving offers and benefits given to the customers of WickedRide, d) inform you the developments in the business, e) sell items and goods offered by wicked Ride f) analyse the use patterns for providing better business offerings.
- In order to avoid theft of our motorcycles, we obtain the location of each and every motorcycle that is in the field. Please note that in this process WickedRide could identify your location in a given point of time.
4. UNDERTAKING AND INDEMNITY :
a) The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the vehicle by the Hirer shall be his/her own responsibility and if any such claims arise against the owner of the Vehicle, the same shall be defended at the cost of the Hirer, and if any court, magistrate, police, executive, or judicial action imposes any penalty, fine, damages, or compensation in relation to the use of the vehicle by the Hirer or for any other incident that happens while the Vehicle is under the custody of the Hirer, shall be paid or borne by the Hirer. The responsibility of the Hirer for such claims includes claims from third parties, passengers or himself/herself or their respective legal heirs for all activities that are undertaken while the vehicle is in the Hirer's custody.
b) The Hirer shall, at its expense, defend, indemnify, and hold WickedRide and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against WickedRide regarding any actions or inactions alleged or arising out of the use or non-use of the vehicle while under the custody of the Hirer.
c) Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in relation to the use of the vehicle by the Hirer any one under him or while the vehicle is in his/her custody.
d) The Hirer undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or replacing the Vehicle for such damages, theft, or loss shall be borne by the Hirer.
e) The rights granted to the Hirer under this Agreement are not assignable or transferable, in whole or part. The hirer is allowing another rider to ride the vehicle, then details of the Rider should be intimated to WickedRide in advance with copies of his/her driving license.
5. NO AGENCY: Hirer will never be deemed to be WickedRide's agent, servant, or employee in any manner for any purpose whatsoever.
6. DISPUTE RESOLUTION / ARBITRATION:
In the event of any dispute or difference arising between the parties with regard to the rights and obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this agreement, the same shall be referred to arbitration; and such Arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 for the time being in force. The venue for such Arbitration shall be Bangalore, India.
7. GOVERNING LAW & JURISDICTION :
This terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Bangalore shall be the competent court of jurisdiction.
8. ENTIRE AGREEMENT :
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
The Hirer read and understood the above terms and Agree to abide by it.