Terms of Service

Please find below all the policy details regarding the lease agreement

Contents

Introduction
Definition and Interpretation
Agreement to Lease
Terms of Vehicle Usage
Lease Term
Delivery of the Vehicle
Lease Rental
Theft and Accident
Traffic Violation and Confiscation
Insurance
Addition, Maintenance and Repair
Obligations of the Lessee
Termination
Repossession/Return of the Vehicle
Confidentiality
Indemnity
Miscellaneous
Vehicle condition guidelines

INTRODUCTION

This Vehicle Lease Agreement is made and effective from the date of booking as reflected in the booking det on the App (the “ Agreement ”)

BETWEEN

The “ Lessor ” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to m and include his/her heirs, executors, administrators and assigns) of the ONE PART and details of which shall be provided in the App at the time of booking.

AND

The “ Lessee ” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to m and include his/her heirs, executors, administrators, and assigns) of the OTHER PART as shall be captured the booking details ; The Lessor and the Lessee shall be hereinafter collectively referred to as “ Parties ” and individually as the Party ”.

WHEREAS:

The Lessor is the sole legal, beneficial, and registered owner of the Vehicle(details of which are captured in the App).
The Lessor had listed the Vehicle for leasing on the Platform (defined below) subject to the terms and conditions specified therein.
Lessee, a user of the Platform, wishes to lease the Vehicle from the Lessor and the Lessor is willing to lease it to the Lessee, on the terms and conditions of this Agreement.

NOW THEREFORE IT IS AGREED as follows:

Definition and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Applicable Laws” means all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court, as may be applicable. Without prejudice to the generality of the foregoing, Applicable Laws shall include laws, regulations, rules and/or ordinances of lawfully constituted authorities relating to the possession, use, storage and transport of the Vehicle, including the MVA.
“Motor Vehicles Act” or “MVA” means Motor Vehicles Act, 1988, rules and regulations prescribed thereunder, as now enacted or as the same may from time to time be amended, replaced or re-enacted;
“Platform” means website and mobile application by the name and style of RidePe Host Services available on the website of www.RidePe.com , owned and operated by RidePe India Private Limited which includes its marketplace feature/section that provides a platform for connecting vehicle owners with persons interested in leasing vehicles for personal use.
“Vehicle” means the vehicle together with all its components, accessories and devices as described in the booking details in the App
“Permitted Territory” shall mean the entire territory of India, excluding the Union Ladakh and/or any travel to connected countries including but not limited to Nepal, Bhutan , Bangladesh or Pakistan etc.
In this Agreement, unless the context otherwise requires:
Headings used are for convenience and ease of reference only, are not part of this Agreement and shall not be relevant to or affect the meaning or interpretation of this Agreement.
Words denoted in any gender shall include all genders and terms denoting people or persons shall include both natural and legal persons (such as company) and vice versa;
The terms of this Agreement shall be deemed to be binding on both Parties based on their respective conduct notwithstanding any error or defect in the execution of this Agreement; and
A reference to a clause or schedule is a reference to a clause of or schedule to this Agreement and a reference to this Agreement includes any of its schedules. All schedules to this Agreement and the terms thereof shall be an integral part of this Agreement.
Agreement to Lease

Based on the covenants, assurances and representations of the Lessee recorded herein, the Lessor hereby grants on lease and Lessee hereby takes on lease the Vehicle, subject to the terms and conditions of this Agreement.
The Lessee expressly understands and agrees that this Agreement is a lease only and all along the absolute and unencumbered ownership of the Vehicle for all intent and purposes, including for regulatory requirement under the MVA, shall remain with the Lessor. Nothing stated herein shall be construed to be a transfer to the Lessee of any ownership right, title or interest in the Vehicle, or even a right to the Lessee to demand such transfer. It is hereby clariﬁed that during the Lease Term, the Lessee shall have the beneﬁcial possession of the Vehicle as a Lessee pursuant to this Agreement.
During the Lease Term, the Lessee shall hold the Vehicle as a trustee of the Lessor and shall, at its expense, protect and defend the title of Lessor in the Vehicle against creditors of or any person(s) claiming through Lessee.
Terms of Vehicle Usage

The Lessee hereby agrees and covenants that the Vehicle shall be used in a prudent and careful manner solely for the Lesseeʼs personal use within the Permitted Territory and to that extent shall be driven only by the Lessee, in strict compliance with the requirements of the Applicable Laws (the “ Permitted Use ”).
The Lessee further agrees and acknowledges that other than the Permitted Use, all other uses of the Vehicle including the usages listed below (by the Lessee and/or any other person(s) directly or indirectly acting through, authorized by or on behalf of the Lessee), are strictly prohibited (the “ Prohibited Use s”) and constitute a material breach of this Agreement:

Commercial use for any purpose whatsoever including usage for transportation services (goods and/or passengers) involving hire and/or reward.
For providing driving lessons.
For sports, adventure and/or participation in races, rallies, other competitive events, endurance tests and similar events.
For towing, pushing, or propelling any trailer or any other vehicle.
For commission of any crime, illegal and/or unlawful activity(ies).
For storage of any combustible, noxious or hazardous goods or any other good(s) which owing to its weight and/or structure adversely affect and/or damage the Vehicles, its interior, engine and/or any of its parts thereto and/or any other vehicle(s), person(s)/object(s) in such vehicle and/or pedestrian(s) passing the Vehicle.
Taking the Vehicle outside the Permitted Territory.
Any use(s) or activity(ies) that puts the Vehicle at a greater risk of damage.
Any use that contravenes the terms and conditions of this Agreement, terms of the insurance relating to the Vehicle and/or the requirements of all Applicable Laws.

Lease Term

The lease of the Vehicle to the Lessee shall be for a term commencing from the Delivery Date and shall end as per booking end date as indicated in the app. and includes extensions expressly provided herein (the “ Lease Term ”).
The Lease Term may be extended for such period and on such terms and conditions as may be mutually agreed upon by the Parties.
Delivery of the Vehicle

On execution of this Agreement and subject to payment of Lease Rental by the Lessee on the Platform, the Lessor shall notify the Lessee that the Vehicle is ready for delivery. The Lessee shall take delivery of the Vehicle from the location notiﬁed in writing by the Lessor (the “ Designated Location ”) together with the Vehicle Key(s), original documentation of the Vehicle, including the registration certiﬁcate, Vehicle Insurance policy, Pollution Under Control ( PUC ) Certiﬁcate and other mandatory documents, if any, prescribed by the
relevant authorities under Applicable Laws (the “ Vehicle Documentation ”) on the date and time mutually agreed by the Parties, as per the date requested in the booking details in the App (the “Booking Start Date ”). In the event the Lessee requests for delivery of the Vehicle to the Lessee’ address/location, the Lessor may choose to deliver or arrange for the Vehicle to be delivered to the location notiﬁed by the Lessee with assistance from the Platform as per the delivery charge speciﬁed in the Fee Policy mentioned on the Platform. along with the Vehicle Documentation on the Delivery Date].
For the security, safety, tracking and health monitoring of the Vehicle, certain devices may be installed by the Lessor in the Vehicle prior to its delivery to the Lessee (“ In-Vehicle Devices ”). The Lessee agrees and acknowledges that the In-Vehicle Devices may require minor modiﬁcation from time to time and the Lessee shall provide full access of the Vehicle to the Lessor, or any other person appointed by the Lessor for the purpose of modiﬁcation of such devices with reasonable prior written notice.
If the Lessee desires to get the Vehicle delivered at the location notiﬁed by him/her, any risk, damages to the Vehicle in transit to such location shall be treated as an accident case and the repair will be covered as per the provision of Clause 10 below (Insurance).
The Lessee shall remain present in-person to [take]/ [receive] the delivery of the Vehicle, produce his/her original driving license for inspection, furnish copies of such driving license, his/her recent passport size photograph and an additional address proof document (voter ID, Aadhar card, or valid passport) and sign the necessary documents (viz., delivery receipt) at the time of delivery, which will serve as an evidence of delivery and acceptance of the Vehicle. Further, the Lessee shall inspect the Vehicle (exterior walk-around and an interior look-over of the Vehicle) prior to taking delivery and shall be deemed to have satisﬁed himself/herself as to its condition, ﬁtness for Lessee’s personal use and compliance with speciﬁed safety standards. Any fault/defect detected in the Vehicle thereafter shall be dealt with in accordance with the provisions of Clause 11 below (Addition, Maintenance and Repair).
If the Lessee fails to take the delivery of the Vehicle on the Booking Start Date for any reason whatsoever, the subsequent attempts to deliver the Vehicle to the Lessee will be charged as per the Fee Policy . The Lessee hereby agree and acknowledge that in case regardless of such failure to take the delivery of the Vehicle by the Lessee and consequent delay in takeover of the Vehicle by the Lessee, the Lease Term shall commence from the Booking Start Date. Provided that in case of failure of the Lessee to take delivery or Lessor to provide delivery the non-defaulting Party shall have the right to terminate this Agreement in accordance with Clause 14 below.
Lease Rental

As security for the prompt and full payment for leasing of the vehicle and all other sums payable by the Lessee hereunder, and the faithful and timely performance of all provisions of this Agreement, and any extensions or renewals thereof, the Lessee shall deposit the Lease Rental in advance a sum more particularly described in the Fee Policy/booking details on the App (“ Lease Rental ”) with the Lessor through the Platform simultaneously with the execution of this Agreement. The same shall be payable through the Platform and shall be retained by Platform until the vehicle is returned to the Designated Location on Booking End Date.
If the Lessee terminates this Agreement before taking delivery of the Vehicle or refuses and/or is unable/unwilling for any reason to accept delivery of the Vehicle in accordance with Clause 5 above, the Lessor shall be entitled to terminate this Agreement in accordance with Clause 14.1 below and any advance Lease Rental shall stand forfeited to compensate the Lessor for the costs, charges, expenses, losses incurred by the Lessor arising out of such an action of the Lessee. Likewise, if the Lessor refuses and/or is unable/unwilling for any reason to give delivery of the vehicle in accordance with Clause 5 above, the Lessee shall be entitled to terminate this Agreement in accordance with Clause 14.2 below and the Lease Rental as paid in advance shall be promptly refunded to the Lessee.
On the expiration or earlier termination of this Agreement and return of the Vehicle to the Lessor (except where the Vehicle is stolen or its completely destroyed due to accident or damages), or any extension or renewal thereof, provided Lessee has paid all the Lease Rental and all other amounts payable by him/her hereunder and fully performed all other
provisions of this Agreement.
Lease Rental

In lieu of the lease of the Vehicle and related services hereunder, the Lessee shall pay to the Lessor a lease rental fee speciﬁed in the booking details on the App (the “ Lease Rental ”) at the time of booking the vehicle in advance for the Lease Term through the Platform.
The Lessee hereby agrees and acknowledges that the Lease Rental comprises of the charges towards (i) usage of the Vehicle for a pre-agreed mileage as speciﬁed in Booking details on the App (“ Agreed Mileage ”); (ii) Platform usage fees; (iii) maintenance and repair cost; (iv) insurance/ trip protection charges; and (v) delivery charges, if applicable. In the event the usage of Vehicle exceeds the Agreed Mileage, the excess mileage will be charged as per the rate speciﬁed in the Fee Policy. The difference between the actual usage i.e., lesser, or greater than the Agreed Mileage shall be determined and settled i.e., paid by the Lessee to the Lessor or vice versa at the time of expiry or termination of the Lease Term.
Lessee shall be liable to pay any outstanding Lease Rental or other charges accruing due to Lessee exceeding Agreed Mileage or otherwise and shall be chargeable in accordance with the Fee Policy and may also incur penalties or late payment charges for prolonged default in clearing such outstanding amount as mentioned in the Fee Policy.
Any other payments made by the Lessor on behalf of the Lessee pertaining to the Vehicle, under this Agreement or otherwise shall be promptly reimbursed by the Lessee to Lessor on receipt of written notice in respect thereof from the Lessor together with documentary proof of such payments or at the option of the Lessor, to set off against amounts, if any, from the Lessor to the Lessee.
Theft and Accident
Lessee will be solely responsible for safety measures/ precautions against any damage, accident, or criminal activity on/of the Vehicle and subject to provisions of Clause 10 ( Insurance ) the Lessee assumes sole financial liability in respect of:

in case the Vehicle is damaged, destroyed or stolen, however caused, or occasioned; and
for all other risks and liabilities, including personal injury or death and property damage, arising with respect to the Vehicle, howsoever arising.

The Lessee hereby agrees and acknowledges that under no circumstances shall the Lessor be

held liable to the Lessee and/or any third party(ies) for any (i) any loss or damage that may be

suffered by the Lessee or any third party(ies) arising from the above events or risks, howsoever

caused, or occasioned; and (ii) indirect, incidental, special, or consequential damages arising from or related to the use of Vehicle by the Lessee or his/her co-passenger or family members.

In the event of damage, accident or theft of the Vehicle or any part and/or accessory thereof, the Lessee:

shall immediately, but in no event later than [24] hours from the occurrence of damage, accident, or theft, notify the Platform and the Lessor all details of the damage, accident or theft in writing;
extend full support and cooperation to the Lessor in reporting the damage, accident or theft to the nearest police station and obtain a copy of the first information report (“ FIR ”);
In case of damage or accident, after filing the FIR and notifying the damage or accident to the Lessor, as per Lessorʼs instruction take the Vehicle to the nearest workshop specified by the Lessor for repair or assessment of repairability.
In case of failure to fulfill its obligation under this Clause 8.2,

The Lessee shall be solely liable for all costs, damages and/or consequences arising as a result thereof.

In the case of:

theft, accident or damage resulting in complete destruction/loss of the Vehicle, the Lessee shall be liable to pay the monthly Lease Rental till such time as the claim in respect of such theft, accident or damage under the trip protection plan /insurance is settled by the insurance company. Thereafter, upon payment of the claim amount by the insurance company, the Lessor shall reconcile the accounts with the Lessee, subject to setoff or adjustment of all amounts that may be due from the Lessee to the Lessor under this Agreement.
accident or damage resulting in partial or repairable damages in the Vehicle, the Lessee shall be liable to continue to pay the Lease Rental in accordance with this Agreement, including for the period during which the Vehicle is deposited with any workshop for repair work.
Notwithstanding anything contained herein, in the case of an accident or damage resulting in partial or repairable damages to the Vehicle or in case of theft where the Vehicle is recovered before or after the claim amount under the trip protection plan/insurance is received from the insurance company:

the Lessor may in its sole discretion depending on the condition of the Vehicle, opt not to continue the lease of Vehicle and terminate this Agreement under Clause 14.1 below and the Lessee shall be liable to promptly pay all unpaid dues under the Agreement to the Lessor, including without limitation the Excess Mileage Charges;
the Lessee shall not be entitled to terminate the Agreement and where the Lease Term is about to expiry the same will stand extended, until the settlement of the trip protection plan/insurance claim and/or conclusion of the police investigation and/or proceeding(s) by any other competent authority(ies) with respect to the damage, accident or theft of the Vehicle.
Traffic Violation and Confiscation

During the Lease Term and until the return of the Vehicle in good working order/condition to the Lessor, the Lessee is solely responsible for use of the Vehicle in compliance with traffic rules and regulation, including payment of toll charges. Accordingly, the Lessee shall be solely liable for all traffic violations involving the Vehicle during the aforesaid period (the “ Traffic Violation ”) and cost, penalty, fines and/or charges imposed in respect thereof, including fines for late payment, toll evasion/ interstate taxes or any processing fees added by the relevant regulatory authority(ies). The Traffic Violation includes, but is not limited to, unauthorized parking, excess speeding, breaking red light, photo enforcement, and toll violations.
The Lessee shall notify/report all Traffic Violations to the Lessor in writing together with all details, as soon as possible, not being later than 24 hours prior to expiry of period prescribed for taking necessary action in respect thereof under Applicable Laws (for example, if the case is being taken to court). Thereafter, the Lessee shall forthwith pay the relevant fine/s to the authority concerned and provide Lessor with the proof of such payment. In the event the Lessee fails to do so, the Lessor shall have the right at its sole discretion to pay such amounts and the Lessee shall reimburse the Lessor for the same at the earliest.
The Lessee shall also be responsible if the Vehicle is confiscated, seized or impounded during the Lease Term and until the return of the Vehicle in good working condition to the Lessor, for any reason attributable to the Lessee (“ Confiscation ”). In such cases the Lessee shall notify/report the Confiscation to the Lessor in writing together with all details, as soon as possible, not being later than 24 hours prior to the expiry of the period prescribed for taking necessary action in respect thereof under Applicable Laws. The Lessee shall provide full support, assistance and cooperation to the Lessor then take all necessary steps/actions, to have the Vehicle released from the relevant authorities. In case Lessor assists in the release of the Vehicle from Confiscation, including payment of fines, charges, penalty, and fees imposed by relevant authority and all the costs and expenses incidental thereto. In the event the Lessee fails to provide its support and/or pay for the cost involved in having the Vehicle released from Confiscation, the Lessor shall have the right (at its sole discretion) to take necessary steps to secure the release of the Vehicle at its own expense. In such cases the Lessee shall promptly reimburse the Lessor for all cost/expense incurred for release of the Vehicle.
Notwithstanding anything to the contrary stated herein, in case of Confiscation (i) if the Lease Term is about to expire prior to release of the Vehicle, the Lease Term will stand extended in accordance with the terms of this Agreement; and (ii) the Lessee shall not be entitled to terminate the Agreement, until the Vehicle has been duly released, fines/charges/conditions, if any, imposed for release of Vehicle by the relevant authorities has been paid or satisfied/fulfilled and necessary documentary evidence reflecting conclusive disposal of the matter is received by the Lessor.
Insurance

The Landlord shall at its own expense during the Lease Term and until the Vehicle is delivered back in good working condition, comprehensively insure the Vehicle with an insurance company of its choice (“ Vehicle Insurance ”).
The Vehicle Insurance will provide primary third-party liability protection, which will be to the extent of claims / liabilities covered by the Vehicle insurer on the Vehicles for any/ all claims and/or liabilities arising during the use or operation of the Vehicle by the Lessee.
This shall not however cover the Own Damage and the Lessee will be responsible for any associated costs and charges directly/indirectly personally attributable to the Lesseeʼs default with the terms of this Agreement. However, it is hereby clarified that if this third-party liability protection is extended by the

Lessor, it will not be applicable if the liability arises due to Lesseeʼ negligence, or breach of applicable terms under this Agreement.

The liability protection under the Vehicle Insurance applies only to claims of third-party bodily injury, death, or property damage, other than to the Vehicle, arising from the use of the Vehicle as permitted by this Agreement and Applicable Laws. Any such protection excludes any claim made by the Lessee or co- passenger or Lesseeʼ or co-passengersʼ immediate family members who permanently live with the Lessee or were traveling with the Lessee at the time of incident. This obligation may be limited to the extent the Vehicle Insuranceʼs coverage applies. The Lessor shall in no event be liable to the Lessee and/or the co-passenger(s) for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to the Vehicle, its use, or this Agreement.
In case of damage, theft, or destruction or any damage total or partial of the Vehicle during the Lease Term and until the return of the Vehicle to the Lessor in good working condition, subject to the Lessee fulfilling its obligations in respect thereof under Clause 8 above, the Lessee shall be liable for any costs that may be incurred for rectification/repair of the Vehicle due to such damages.
Incase of a total loss or theft, the Lessee shall promptly notify the Platform and the Lessor of the same and shall assist the Lessor in filing of complaint (in case of theft) or invoking such insurance claims by providing all required documentation and details of the accident or damages to ensure that the Lessor may effectively administer the claims from the insurance company.
The Lessorʼs decision in that regard shall be final and binding on both Parties. In cases where the Lessor decides not to file the claim, repair expenses shall be borne by the Lessee. except in cases of theft, total loss, and/or situations where the Lessor is unable to claim insurance due to actions (or lack thereof) attributable to the Lessee.
The expenses associated with (a) any risks and ensuing damage to the Vehicle, which are not fully covered by the Vehicle Insurance; (b) risks which are not borne by the Lessor in terms hereof shall be borne by the Lessee. Accordingly, the Lessee shall pay to the Lessor the amount of loss and/or damage not paid under the Vehicle Insurance and be liable for the following:

Damage to the Vehicle: The difference, if any, between the actual amount incurred in repairing the damage to the Vehicle and the amounts recovered/to be recovered under the Vehicle Insurance.
Theft/total loss of the Vehicle: (a) The shortfall between the claim amount received under the Vehicle Insurance, and the book value of the Vehicle at that time of its theft/total loss; (b) if usage of Vehicle at the time of its theft/total loss exceeds the Agreed Mileage, charge of the excess mileage incurred as per the rate specified in the Fee Policy ; (c) other cost/expense incurred by the Lessor for or in respect of assessment loss suffered by the Vehicle and possibility of its restoration; and (d) other charges, if any, remaining unpaid by Lessee under this Agreement.
Notwithstanding the above in case the insurance claim for damages/loss to the Vehicle under the Vehicle Insurance is repudiated or not admitted by the insurance company due to the mishandling/ negligence/ fault/ rash driving/ any other illegal and unlawful use of the Vehicle by the Lessee; or any third-party claims rejected due to negligence/ misconduct/ rash driving/ other unlawful or illegal act on part of the Lessee causing irreparable damage, the Lessee shall be solely liable to incur all the related damages, losses, costs and expenses.
Addition, Maintenance and Repair

The Lessor shall through its authorized agent/service provider (“ Authorized Service Provider ”) perform the necessary and required routine maintenance on the Vehicles and upon request from the Lessor, the Lessee shall provide to the Authorized Service Provider all details on the Vehicleʼs usage, including the reading of the distance indicator (“ Odometer ”), tyre quality and battery condition of the Vehicle. Any defect/discrepancy in the Odometer shall be duly reported by the Lessee to the Lessor to ensure the mileage is being duly recorded.
All repair and/maintenance of the Vehicle, including shall be undertaken by the Lessee subject to the provisions of Insurance under Clause 10 in accordance with the terms of this Agreement or with prior written consent/confirmation of the Lessor.

Subject to requirements of Clause 8.2 above, all incidents requiring repair of the Vehicle must be reported to the Lessor and in accordance with the Lessorʼs instruction taken to the workshop for repair. The Lessee shall be responsible to pay for towing, repairs, and other expenses if the incident results from a breach of this Agreement and/or use of the Vehicle by the Lessee in violation of terms of this Agreement and/or its user manual.
All parts and accessories that are replaced or added to the Vehicle during the Lease Term and until the Vehicle is returned to the Lessor, shall be the sole and exclusive property of the Lessor and the Lessee shall not have any rights in respect thereof, including right to be compensated therefor.
Obligations of the Lessee

11.25 During the Lease Term and until the return of the Vehicle to the Lessor in good working condition, the Lessee shall:

at his expense maintain the cleanliness, condition, and appearance of Vehicle in as good an operating condition as it was on the commencement date of the Lease Term. Any liability arising out of not conforming with this requirement shall be solely to the cost and account of the Lessee.
use the Vehicle only for the Permitted Use in conformity with the ownerʼs manual instructions provided as part of Vehicle Documentation, applying the same degree of care when using the Vehicle as would ordinarily be exercised if it belonged to the Lessee and shall strictly refrain from:

Prohibited Use of the Vehicle;
an imprudent, negligent, or abusive or abnormal use of the Vehicle;
driving the Vehicle under the influence of drugs, alcohol or any other substance or intoxicant;
driving in contravention of speed limits as prescribed by competent authority.
permitting use of Vehicle by other person(s) and/or selling, transferring, alienating, assigning, licensing or granting/creating any rights or interest, of any nature whatsoever, over the Vehicle;
driving the Vehicle outside the Permitted Territory;
driving the Vehicle while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract the Lessee from driving or otherwise engaging in similar activities that may be prohibited by the Applicable Laws;
burning any substance including tobacco, incense etc. inside the Vehicles;
use of tobacco, cigarettes, cigars, and alcohol inside the Vehicle;
transportation of animals in the Vehicle;
transporting more passengers than the prescribed seating capacity of the Vehicle by manufacturer of the Vehicle;
use of the Vehicle for any kind of activity by any person which will affect the normal conditions or materially impair its value and/or use;
any unreasonable, unwarranted, illegal, unethical or inappropriate use of the Vehicle; and
jump starting the Vehicle without the prior written consent of the Lessor.
maintain valid driving license and keep it effective and in force at all times during the subsistence of this Agreement and till the Vehicle is delivered back to Lessor in good working condition as per the requirements of this Agreement

promptly notify the Lessor in case of any expiration, suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any Traffic Violation, including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving.
maintain effective control of the Vehicle and keep the Vehicle in a secure and suitable environment when not in use;
take all necessary actions to duly secure the Vehicle from external factors while parking it or leaving it parked, including human or general known adverse weather conditions, by closing its windows and locking the Vehicle either by way of the central locking system or manual locking, as the case may be;
comply with the terms of this Agreement and Applicable Laws. This includes, rules or regulations relating to use of seat belt, permitted speed/weight limit, child restraint and instructions relating to the same being displayed/ communicated by the authorities through marks or sign boards;
not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations or repairs to the Vehicle, except as expressly provided under this Agreement;
not tamper and/or remove the In-Vehicle Devices and in case the Lessee removes or otherwise tamper the devices, pay to the Lessor the actual cost of the In-Vehicle Devices.
allow the Lessor or his/her representatives to inspect the Vehicle at all reasonable times with prior notice of at least 4 hours to inspect the Vehicle and the In-Vehicle Devices and shall grant reasonable access to the premise where the Vehicle is kept for such inspections;
keep the Vehicle free from any liens, claims, charges and encumbrances, of any nature whatsoever;
keep the Lessor fully informed of all material matters relating to the Vehicle and/or Lessorʼs right/title/interest in the Vehicle;
deliver the Vehicle at the end of the Lease Term or on earlier termination of the Agreement at such address as the Lessor requires, or if necessary, allow Lessor or its representatives access to the site or any premises where the Vehicle is located for the purpose of removing the Vehicle;
not do or permit to be done anything which could invalidate the Vehicle Insurance or the trip protection plan/insurance; and
ensure the safekeeping and presence of the Vehicle Documentation in the Vehicle. If these documents are lost or stolen, the Lessee will bear the cost of obtaining duplicates and/or the inconvenience fee as per the Fee Policy and the same shall be remitted to the Lessor along with all other charges for damages and Lease Rental as payable to the Lessor
Representations and Warranties
The Lessor hereby represents and warrants to the Lessee that:

Lessor is the sole legal, and registered owner of the Vehicle;
Lessor has the full legal right, capacity, power and authority to enter into and execute this Agreement, be contractually bound by and comply with all rights and obligations contracted under this Agreement; and
There is no action, investigation or other proceedings of any nature whatsoever, by any governmental authority or third party against the Lessor, which would restrain, prohibit or otherwise challenge the lease of the Vehicle to the Lessee as contemplated by this Agreement. Further the Lessor also represents that there are no pending insurance claims and/or other on- going litigations, legal claims or any other claims that may arise in tort or law at the time of listing the Vehicle
The Lessee represents and warranties to the Lessor that:

Lessee is above the legal driving age requirement and has a valid driving license for the use and operation of the Vehicle in accordance with requirements of Applicable Laws;
Lessee the full legal right, capacity, power, and authority to enter into and execute this Agreement, be contractually bound by and comply with all rights and obligations contracted under this Agreement; and
there is no action, investigation, or other proceedings of any nature whatsoever, by any governmental authority or third party against the Lessee, which would restrain, prohibit, or otherwise challenge the transaction as contemplated by this Agreement.
Except as expressly provided in this Agreement, the Lessor makes no warranty or representation, express or implied, as to the fitness, safeness, design, merchantability, condition, quality, capacity or workmanship of the Vehicle.
Termination

The Lessor may terminate this Agreement at any time , by canceling the booking over the Platform. The cancellation by Lessee is subject to certain charges that the Lessee may incur and are more particularly described in the Fee Policy. Provided that the Lessor shall be entitled to terminate this Agreement immediately with written notice to the Lessee at any time during the Lease Term, including the Lessor Lock-in Period in the following cases:
The Lessee refuses and/or is unable/unwilling for any reason to accept delivery of the Vehicle in accordance with Clause 5 above.
Prohibited Use of the Vehicle by the Lessee or any other third party during the Lease Term;
Lessee ceasing to hold valid driving license, for any reason whatsoever and/or Lesseeʼ driving license being revoked, detained, impounded and/or suspended by concerned authorities;
failure by Lessee to abide by the terms of this Agreement and/or observe the covenants or fulfill his/her material obligations hereunder;
the Lessee is placed in mandatory liquidation or has a receiver or other administrator appointed in respect of his/her assets;
in case of an accident or damage of the Vehicle, resulting in partial or repairable damages in the Vehicle or in case of theft where the Vehicle is recovered before or after the claim amount under the trip protection plan/insurance is received from the insurance company;
the Lessee is entering into or proposing to enter into any arrangement for the benefit of its creditors; and
Lessee becomes subject to any event analogous to, or enters into any arrangement analogous to, any of those events or arrangements specified in (v), (vi) and (vii) of this clause 14.1.
In case of termination of this Agreement on account of expiry of the Lease Term or under clauses 14.1 above:
the Lessee shall pay to the Lessor, the outstanding Lease Rental (together with all late payment/charges thereon) and other unpaid sums/charges/costs payable by the Lessee under this Agreement, including without limitation the payables under Clause 15 below;
Upon the return of the Vehicle to the Lessor in accordance with Clause 15 below, the Lessor shall (a) instruct the Platform to return to the Lessee the advance Lease Rental, if any, paid by the Lessee for the unexpired period of the Lease Term to the Lessee subject to adjustment against other outstanding payable of the Lessee under this Agreement; (c) except in case of termination under Clause 14.1(i), return to the Lessee the entire advance Lease Rental or then remaining balance of the Lease Rental, as the case may be, without interest, provided the Lessee has no other amounts payable by him/her hereunder and fully performed all other provisions of this Agreement;
the Parties shall be regarded as discharged from any further obligations under this Agreement. Provided that termination and/or expiry of this Agreement shall not relieve either Party of any obligation or liability accrued prior to the date of return of the Vehicle to the Lessor in accordance with Clause 15 below; and
the Parties shall be entitled to pursue any additional or alternative remedies provided by law or equity.
Repossession/Return of the Vehicle

Upon the expiry of the Lease Term, or earlier termination of this Agreement (except termination of the Agreement on account of theft or total destruction/loss of the Vehicle), the Lessee shall, at its own cost and expense, and without any delay, return the Vehicle with the Vehicle Documentation, Vehicleʼs key, key fob, in-Vehicle Devices and other starting device to the Vehicle in its designated position in the Vehicle at the Designated Location. The Lessee agrees and covenants that at the time of its return the Vehicle shall be in the almost the same order and condition, as the Vehicle was at the time of commencement of the Lease Term, except normal wear and tear, as per the guidelines set out under (“ Vehicle Condition Guidelines ”) appended as Schedule 1 to this Agreement.
In case, the Lessee returns the Vehicle at a place other than the Designated Location the Lessee shall be liable to reimburse the Lessor all costs incurred in transporting the Vehicle from such place to the Designated Location;

the Lessee does not return the Vehicle within the specified period, the Lessor (directly or through its Authorized Service Provider) shall be entitled to take necessary steps to repossess the Vehicle after giving reasonable notice to the Lessee and the Lessee hereby irrevocably authorizes Lessor and its Authorized Service Provider to take physical possession of the Vehicle as aforesaid. In such cases the Lessee shall be liable to a pay late return penalty specified in the Fee Policy till the date the Vehicle is returned to or repossessed by the Lessor as also the costs, expenses, charges etc. incurred by the Lessor for repossession of the Vehicle;
damage to the Vehicle at the time of the return, other than excepted wear and tear as per the Vehicle Condition Guidelines. In such cases the Lessee shall be liable to a pay penalty for such
the Vehicle is returned, but its key, key fob, in-Vehicle Devices, other starting device to the Vehicle or any component(s) of the Vehicle, including the accessories fitted as original equipment on the Vehicle (except where the components are replaced or repaired during the Lease Term in accordance with this Agreement) and/or any of Vehicle Documentation is missing, the Lessee shall be charged with inconvenience fee and or penalty/ cost of replacement for such parts and documentation as maybe provided in the Fee Policy. The Lessee shall also remain responsible for the payment of charges against the usage of the Vehicle during such period.
The actual usage of Vehicle by the Lessee exceeds the Agreed Mileage, the excess mileage charge as per the rate specified in the Fee Policy shall be paid by the Lessee to the Lessor.

damages at the rate specified in Fee Policy and all the costs, expenses, charges etc. incurred by the Lessor to restore the Vehicle to its original condition.

If required by any relevant regional transport authorities/ statutory transport offices, the Lessee agrees to sign on such required documents on return of the Vehicle at the end of Lease Term. In turn, the Lessor confirms that the Lessee will not be responsible for any claims or damages incurred after the Vehicle is returned to the Lessor.
Confidentiality

The Parties agree that there will be sharing, and exchange of confidential personal and sensitive personal information between them. To safeguard such information each party (“ Receiving Party ”) agrees to protect the confidential information of the other party (“ Disclosing Party ”) received by it hereunder as the Receiving Party would protect its own, or any diligent person or entity would protect information of this nature.
The Receiving Party agrees to use the confidential information only for the purpose of and in performance of its rights and obligations under this Agreement.
The obligation not to disclose confidential information shall survive notwithstanding the termination of this Agreement and at no time will the either Party be permitted to disclose confidential information of the other party, except to the extent at or after the time of disclosure or acquisition, the confidential information is in the public domain in the form supplied otherwise than through a breach of this Agreement by the Receiving Party.
Indemnity

The Lessee shall indemnify and hold harmless the Lessor and the Authorized Service Provider against all costs, charges, expenses, losses, damages, liabilities or claims suffered by the Lessor directly or indirectly, on account of any willful default, misconduct, negligence, fraud, violation of Applicable Laws or any breach of the terms of this Agreement by the Lessee.
Lesseeʼs obligation to indemnify the Lessor hereunder shall survive the expiration, cancellation or termination of this Agreement. The Lessee waives any immunity Lessee may have under any Applicable Law from its obligation to indemnify the Lessor under this Agreement.
Miscellaneous

All payments under this Agreement, including without limitation the Lease Rental and the Damage Protection Fee shall be made through the Platform in accordance with the payment policies specified on the Platform.
This Agreement shall not be construed insofar as creating an association, partnership, joint venture or corporation between the Parties, or as imposing any obligation or liability of a corporate nature to either party. Neither party has the right, power or authority to sign any agreement, bind, or in any manner act on behalf of or as a representative or agent of the other Parties, unless expressly established otherwise herein.
The Lessee shall not assign any of its rights under this Agreement or delegate the performance of any of his duties hereunder, without the prior written consent of the Lessor.
Notices, demands or other communication required or permitted to be given or made under this Agreement, shall be in writing and delivered personally or sent by courier or by email to the intended recipient at their address set forth in this Agreement, or to such other address or email address, as either Party may from time to time duly notify to the other.
Under no circumstances shall the Lessor be liable to the Lessee in contract, tort or otherwise for any loss of profits or business, or any special, incidental, indirect, exemplary, punitive or consequential damages, arising from or as a result of this Agreement, even if the Lessor has been advised of the possibility of such damages.
This Agreement, its Schedules the Fee Policy, the Terms & Conditions for Host & Lessee on Platform and any other documents referred to herein (in each case, to the extent not inconsistent with this Agreement) constitute the entire and only agreement between the Parties relating to the subject matter hereof and supersedes and extinguish any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating thereto.
This Agreement shall be governed and construed in accordance with the laws of the India and the courts of New Delhi shall have sole and exclusive jurisdiction in case of any disputes, claims and questions arising under or pursuant to this Agreement. In case of any change in Applicable Laws that has an effect on the terms of this Agreement, the Parties agree that the Agreement may be reviewed, and if deemed necessary by the Parties, renegotiated in good faith.
If during the Lease Term and until the return of the Vehicle to the Lessor in accordance with Clause 15 above, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect or impair the legality, validity or enforceability of any other provisions of this Agreement. In addition, in such an event the Parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible with respect to those provisions which were held to be invalid, illegal or unenforceable.
Any amendment of or modification to this Agreement shall be effective only if mutually agreed in writing and executed by a duly authorized representative of each Party.
Any tolerance by any Party with respect to the anticipation or delay in the performance of the obligations assumed by the Parties will not constitute novation, amendment or a waiver of any term set forth in this Agreement.
This Agreement may be executed by electronic means (including .PDF) and in any number of counterparts, each of which when executed and delivered, shall constitute an original, but all of which together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart.

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE DULY EXECUTED

SCHEDULE 1: VEHICLE CONDITION GUIDELINES

Your vehicle must follow all laws and regulations for safety, condition and operation. You should get a vehicle mechanical and safety inspection at least once a year. An inspection would include the vehicleʼs most critical safety items including brakes, steering parts, tires and lights.

Complete maintenance requirement list below – Visual overview and legal registration:

RC Copy
Valid insurance Brake tests:
Parking brake
Service brake, 3mm or more (25% of the life of the brakes or more, typically) Exhaust system:
Undamaged exhaust system components/muffler
No visible blue or black smoke Steering and suspension
Steering wheel and box
Suspension/front end
Springs
Shocks
Vehicle height Horn
Sound horn to test for adequate signal
The horn must be securely fastened to the vehicle Glazing, glass, and windshield wipers
Windshield, no cracks; no chips in the line of sight
Windshield wipers and washer in working order
Windows, no cracks
Tint to legal specifications Engine and powertrain
Engine, including all subcomponents
Cooling system
Lubrication system
Electrical and electronic management systems
Transmission, including clutch, torque converter, and similar components
All fluids and lubricants
No check engine light, warning lights, or recalls Visibility and lighting devices
Headlight aim
Headlights and rear lights working, no bulbs burned out
Hazard lights, directionals/stop/reverse lights, and license plate light(s)
Reflectors
Rearview mirror
Mirrors (general) Tires and wheels
4/32” or greater tread depth (50% or higher of tread, typically)
Six years old or newer
No cuts, gouges, bulges, or bubbles in the sidewall Seat belts and airbags
No airbag warning lights or recalls
No safety restraint system (SRS) or occupant classification system (OCS) warning lights or recalls
Body, including all seals and panels
No hanging body panels

No damage to the floor pan, cowl panel, or structural pillars

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