Between Eezee Rentals, having its registered office at No 8817/8 Old Housing Board Nanjangud 571301, (hereinafter referred to as "Lessor" 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 Lessee ( You) (whosoever take on hire the select models of bike(s) from the list of wide varieties of bikes owned and operated by the Eezee Rentals). Lessor and Lessee 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.
By accepting the terms and conditions you will be legally bound to follow all the below mentioned terms and conditions during your relationship with lessor. Without your acceptance of the terms and conditions, lessor 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.
PREAMBLE
WHEREAS lessor is in the business of providing motor vehicles and two-wheelers on hire. WHEREAS the lessee 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 Lessee has selected the make of the Vehicle (hereinafter referred to as the "Bike") by selecting the appropriate column in the Booking form. Lessee has chosen the expected time of Hire, Date of Hire, and filled/ selected carefully in Booking form. Lessee understood the tariffs and rates applicable. The Vehicle covers insurance for the risks listed in the Insurance policy taken by the company.
Payment process
Rental charges has to be paid online for the duration chosen while booking the bike
Delay
A late fee of Rs 200/- per hour plus Vehicle rental charges is applicable for bikes returned late.
Documents
Lessee should have a valid motorcycle driving license and along with any other government issued id proof
Use of Vehicle
The lessee should have a valid driving license, be at least 18 years old and must always wear a helmet while riding. Only the lessee is permitted to drive the bike
Lessee is responsible for his insurance; Lessor will not be responsible for any accidental expenses of Rider. The lessee shall use the bike entirely at his/her own risk and agrees that lessor will not accept any responsibility or be held accountable for any loss, injury or death as a result of, or leading from the hire of any of the bikes. The bike shall be returned back to lessor in the same condition in which it was handed over to lessee.
- Rental package does not include Fuel, Toll, road side assistance and Taxes
- Lessee holds effective control over the bike for the entire rental period
- Permission is not given to any third party to drive or operate the bike
- Lessee is responsible for any traffic violations incurred due to your use of a rented bike. Lessor is not liable for any costs from any such violation.
- You must report such violations to a Lessor's Representative as soon as possible.
- Towing service will be borne by the customer in case of unlikely event of tire puncture or collision or breakdown due to improper usage.
- we recommend that you follow speed guidelines set by the government agencies.
- Lessor's bike come with Karnataka state permit and the lessee can use the same
- The lessor reserves the right to cancel the booking at any point of time
The use of a Lessor's bikes under the following conditions is prohibited:
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended.
- In carrying out of any crime or any other illegal activity.
- Lessee has to be present at the agreed date and time to pick up the bike.
- Lessee should do quality test of bike before he accepts bike from Lessor.
- Though we do quality checks at our end before delivery, lessee is expected to see if there are any damages and report the same to representative of lessor and photos shall be captured of the same.
- Lessee has to inform us 2 hrs in advance before the end of the contract Period.
- Pick-up date and time will be mutually decided by lessee and us. The drop –off location will be the same as the pick-up location.
- Lessee has to be present at the agreed date and time.
The Lessee agrees to pay for any damage to, loss of, or any theft (disappearance) of parts of bike, regardless of cause or fault. Item damaged beyond repair will be paid for at its Market Price. The representative shall check the bike and its parts in order to ascertain any damage to items. Damage shall be defined as follows:
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If there is any damage to vehicle, Lessor 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 lessor. In the event of an accident, Lessor shall claim Insurance only if the estimated damage is more than Rs.25000 for motorcycles more than 500 cc
and Rs.15000 for motorcycles below or equal to 500 cc. The lessee shall be liable to pay the full value of damages, if its below the said limits. In case of the damage being more than the said limits, the lessee has to pay a deposit of Rs.25000 for motorcycles more than 500 cc and Rs.15000 for motorcycles below or equal to 500 cc. Lessor shall claim Insurance and
the differential amount between the amount settled and the Invoice amount shall be adjusted from the above deposit. The Lessee shall also be liable for loss of rental during the period the vehicle was down. The Lessee 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 lessee on return of the ride shall also provide a crossed cheque in the name of Eezee Rentals which shall be used to settle the amount that is not approved by the Insurance Company and Loss of Rental. The hirer shall not issue stop payment request to his banker on such cheque issued.
The Cheque will be returned if the hirer chooses to settle in any other mode of payment.
Inactive hours during the repair period shall be charged to the lessee at 50% of the per day rental amount
Fuel is lessee's responsibility. We will be giving you sufficient fuel to reach the nearest fuel pump.
Process
Eezee Rentals may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; Eezee Rentals may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the booking, for any reason what so ever or to know the preference of the User for concluding the booking and also to help the User for the booking. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Eezee Rentals is (a) upon the request and authorization of the User, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Eezee Rentals against all types of losses and damages incurred by Eezee Rentals due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant made by the User against Eezee Rentals with respect to the intimations mentioned above or on account of any wrong number or email id provided by the User for any reason whatsoever.
Maintenance
The Lessee is liable for checking engine oils during a trip and maintaining the vehicle while on road. Any mechanical failures should be reported immediately. Lessee may be held responsible in case of a mechanical failure resulting due to negligence of the normal maintenance while on the trip.
Cancellation policy as below:
- No show and Less than 48 hours- 100% deduction 48 hrs or more prior to the pick up time: 20% rental charges will be withheld.
FOR OPERATORS AND PASSENGERS OF VEHICLES (INCLUDING PROTOTYPE VEHICLES) OWNED OR CONTROLLED BY OPERATING UNDER THE Eezee Rentals brand name.
The rider has been given the opportunity to operate ride upon or otherwise use one or more motorcycles or other vehicles owned or controlled by Eezee Rentals, OPERATING UNDER THE Eezee Rentals BRAND.; (collectively, the "Company"; each such company owned or controlled vehicle is referred to herein as a "C.O.C.V."), The rider fully understands and acknowledges that operating or riding on a vehicle is an activity that has its own unique, inherent risks, and that serious injury or death could result from operating or riding on a C.O.C.V. through no fault of his own. The rider (lessee) is voluntarily choosing to operate and/or ride upon C.O.C.V.s. By accepting the terms and conditions, THE RIDER EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, THAT HE/SHE MIGHT SUFFER AS A RESULT OF HIM/HER OPERATING OR RIDING ON A C.O.C.V.
Without limiting the foregoing, THE RIDER ASSUME ALL RISKS ARISING FROM THE FOLLOWING: (i) the condition or safety of the C.O.C.V.s, any other vehicles or equipment, or any roadways, premises or property; (ii) the repair or maintenance, or lack thereof, of the C.O.C.V.s or any other vehicles or equipment; (iii) the use of, or failure to use, any safety devices or safeguards; (iv) the conditions, qualifications, instructions, rules or procedures under which any C.O.C.V is used; (v) the violation by me or by other operators or passengers of any C.O.C.V. User Eligibility or Program Rules; (vi) any defective or unreasonably dangerous products, components or C.O.C.V.s; (vii) the weather conditions during operation of any C.O.C.V.s and (viii) single and/or multi-vehicle accidents.
The rider(lesee) acknowledge that some or all of the C.O.C.V.s that I am allowed to operate, ride upon or otherwise use may be prototypes or pre-production models. It's understood that prototype and pre-production C.O.C.V.s are not manufactured for general consumer use and are not fully tested. Also, understood point is that there in increased risk involved in operating or riding upon prototype or pre-production C.O.C.V.s, and THE RIDER(LESSEE) AGREE TO ASSUME THAT RISK.
The rider at the time of booking and riding declares not to be under the influence of alcohol, drugs, other illegal substances, or any medications that may impair his/her judgment or his/her ability to operate or ride on a C.O.C.V. The rider agrees that he/she will not operate or ride on any C.O.C.V. while under the influence of alcohol, drugs, other illegal substances or any such medications.
The rider agrees that he/she will not operate or ride upon any C.O.C.V. unless he/she have first examined and satisfied himself that the C.O.C.V. is in good operating condition, and that he/she fully understands how to operate and ride on that C.O.C.V.
The rider agrees to operate or ride on each C.O.C.V. safely, defensively and within the limits of the law and own abilities. The rider(lessee) agrees to comply with all C.O.C.V. user eligibility and program rules. The rider also agrees to allow the company and their respective dealers to contact him/her at the address, telephone number and e-mail address provided below and gather additional information about the C.O.C.V.s and/or additional information about other goods and services in which one may be interested.
Waiver and release of liability
FOR OPERATORS AND PASSENGERS OF VEHICLES (INCLUDING PROTOTYPE VEHICLES) OWNED OR CONTROLLED BY Eezee Rentals OPERATING UNDER THE Eezee Rentals BRAND.
The rider(Lessee) on behalf of all heirs, personal representatives, administrators, executors, successors and assigns (collectively, "Heirs and Assigns"), for and in considerations of the permission granted to him to operate, ride upon or otherwise use one or more motorcycles or other vehicles owned or controlled by Eezee Rentals., operating under the Eezee Rentals brand (collectively, the "Company"; each such company owned or controlled vehicle is referred to herein as a "C.O.C.V."), and for other valuable considerations, the receipt and adequacy of which are hereby acknowledged, RELEASE, WAIVE AND FOREVER DISCHARGE the Company and each of their respective affiliated companies, subsidiaries, officers, directors, employees, dealers, distributors and agents (collective, the "Released Parties"), from ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION (Collectively, "Claims") OF ANY KIND WHATSOEVER THAT THE RIDER OR ANY OF HIS HEIRS AND ASSIGNS NOW HAVE OR LATER MAY HAVE AGAINST ANY RELEASED PARTY RESULTING FROM, CONNECTED WITH OR ARISING OUT OF MY OPERATION OF OR RIDING ON ANY C.O.C.V., REGARDLESS OF WHETHER SUCH CLAIMS RELATE TO THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF ANY C.O.C.V. OR THE CONDITIONS, RULES, QUALIFICATIONS, INSTRUCTIONS OR PROCEDURES UNDER WHICH ANY C.O.C.V. IS USED, OR ANY OTHER CAUSE OR MATTER.
The rider(Lessee) acknowledges and understands that this Release EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL CLAIMS he/she or any Heirs and Assigns have or later may have against the Released Parties resulting from or arising out of my operation or of riding on C.O.C.V.s including without limitation all such Claims resulting from the NEGLIGENCE of any Released Party, or arising from STRICT PRODUCT LIABILITY, or resulting from any BREACH OF ANY EXPRESS OR IMPLIED WARRANTY by any Released Party, and regardless of whether such Claims now exist or hereafter arise or are known or unknown, contingent or absolute, liquidated or unliquidated or foreseen or unforeseen, or arise by operation of law or otherwise.
The rider(Lessee) acknowledges and understands that by agreeing to this Release he/she and his/her Heirs and Assigns AGREE NOT TO USE any or all of the Released Parties for any injury, death or damage to myself, my property, any other person or such other person's property resulting from or arising out of my operation of or riding on any C.O.C.V.s The rider(Lessee) acknowledge that he/she has been advised of and agree to waive on his/her behalf and on behalf of his/her Heirs and Assigns, and fully understand the effect of such waiver, all benefits flowing from any state statute that would otherwise limit the scope of this release, which provides: "A general release does not extend to claims which[a person] does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the released parties". The rider confirms that this release is intended to be as broad and inclusive as is permitted by law. The extent and the scope of this Release is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Release enforceable in such jurisdiction, without invalidating any other person of this Release. The rider hereby waives any right to bargain for different release or waiver of liability terms.
BY AGREEING TO THIS RELEASE, THE RIDER CERTIFIES THAT HE/SHE HAS READ THIS RELEASE AND FULLY UNDERSTAND IT AND NOT RELYING ON ANY STATEMENTS OR REPRESNTATIONS OF ANY OF THE RELEASED PARTIES, AND HAVE BEEN GIVEN THE OPPORTUNITY AND SUFFICIENT TIME TO READ AND ASK QUESTIONS REGARDING THIS RELEASE.