TERMS AND CONDITIONS FOR HIRING THE VEHICLE
YOR SMARTRIDE PVT. LTD. is a company incorporated in India and having its registered office presently at Plot no- 420/2826, House no. 5, BajrangVihar, Patia, Bhubaneswar, Odisha- 751024, trade name “YOR” (YOUR OWN RIDE).
These terms and conditions govern all the regulations, rights, terms and conditions between “YOR” and hirer. 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 and conditions strictly. Any failure from the Rider to follow the terms and conditions of this agreement shall make the hirer liable. Rider/Hirer will be rejected (black list) by “YOR” if the hirer disobeys our terms and conditions, traffic norms, other offences which are strictly prohibited.
By accepting the terms and conditions you will be legally bound to follow all the below mentioned terms and conditions during your trip. Without your acceptance of the terms and conditions, YOR will not be able to give anymotorbike to the hirer. If you disagree to any of the terms of this agreement, please stop yourself from hiring the bike.
USER ACCOUNT, BOOKING AND PAYMENT
“YOR” provides two wheelers motorbikes in rent, to get theservices he/she has to fill the online form carefully which contains his/her (hirer’s) identity proof, address proof, contact details and driving license and these documents to be uploaded in the form of our website (www.yorindia.com). The Hirer has to select the date, time and desired motorbike in our website. Hirer can see the tariffs and rates in our website.
It is agreed that, hirer is responsible for all risks associated during the custody of the motorbike. 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 the statutory and other liabilities cast upon him.
THE HIRER SHALL ABIDE BY THE FOLLOWING TERMS AND CONDITIONS
1. The motorbike will be used fully complying with the Motor Vehicle Laws, rules and other general laws.
2. The rider of the motorbike should have valid driving license, Aadhar card and copies of them will be provided to “YOR”.
USE OF VEHICLE AND CONDUCT
1. The security deposit of 300 for scooter and Rs. 500 for bikes will be charged which is refundable after the delivery of the motorbike. If there is any deviation from our agreement, then security deposit will be retained with “YOR”.
2. Penalty for delay in returning the motorbike. If the hirer returns the bike beyond the time specified in the booking form, he/she will be charged 300 for scooter and Rs.500 for bikes in addition to double of hourly fee for use of motorbike.
3. If the hirer wants to extend the ride, then he/she extend from our online app/website in (www.yorindia.com)to avoid the penalty at least one hour before the returning time. He will not be able to extend if there’s another confirmed booking.
4. Rider shall follow all safety precautions including wearing of Helmet which is mandated under the Motor Vehicle Act. If the helmet will found damaged or lost during return, then hirer will be fined full price of the helmet. Hirer is aware of all the rules mentioned in the Motor Vehicle Act, if not then stop yourself from hiring the motorbike;
5. Ride the motorbike with more than one person is prohibited.
6. Use/ride the motorbike under the influence of alcohol/drugs is prohibited.
7. While riding, using electronic gadgets like radio, music, phone etc.by the rider or the pillion is strictly prohibited.
8. Using motorbike to carry unlawful, hazardous and prohibited material is strictly prohibited.
9. Using any fuel other than how it is prescribed for the selected model.
10.The motorbike can be used only in the area selected in the Booking form; if the Hirer/ Rider is using the motorbike beyond the areas then the hirer has to inform the “YOR” in advance by writing.
11.The rider has to inform “YOR” in advance whenever he/she is intending to go to other districts and 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. “YOR” will not responsible for any damage to life and property if the necessary permits are not taken while entering another state.
12.If the motorbike is stolen during your trip, then you have to immediately inform the local authorities as well as YOR without any delay. An FIR shall be filed with the local Police Station. YOR shall provide all necessary assistance and the hirer shall provide complete cooperation to fulfill the formalities.
VIOLATION OF LAW
1. 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, signal, riding with two pillions, riding without a helmet, parking illegally etc., the member has to pay all the fines/penalties. If any case/fine is registered by the police authorities against “YOR”, being the rider or permit holder of the motorbike, the Hirer has to compensate “YOR” all costs, fines and legal fees incurred.
2. If the rider over speeds beyond the limit set as per the traffic rules or any other laws, “YOR”shall not protect the hirer from any loss or damage to the motorbike, himself/herself .Its Hirer/rider responsibilities for all the loss or damages caused during the custody of the bike with him/her.
3. “YOR” shall also impose a fine of 200 per breach of speed which is mentioned in hirer’s booking details, during the tenure of the rider. YOR shall also have the right to blacklist the rider.
4. The motorbike shall not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law.
5. The motorbike shall be returned at the time, date mentioned in the Booking form without any damage and delay.
6. If the hirer/rider travelling to other district/states which are not mentioned in the booking form and without any information.
ACCIDENT AND BREAKDOWN
1. If the motorbike is stolen during your trip, then you have to immediately inform the local authorities as well as YOR without any delay. An FIR shall be filed with the local Police Station. YOR shall provide all necessary assistance and the hirer shall provide complete cooperation to fulfill the formalities.
2. In case of a breakdown, the Rider/ Hirer have to immediately intimate YOR about the same and the location and kind of defect. YOR 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, YOR 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 or breakdown.
3. If there is any lost/damage to vehicle, YOR 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 “YOR”. In the event of an accident the hirer shall pay 2500–Rs.25000for motorbikes/scooters more than 180cc and Rs. 1500 -Rs.15000 for motorbikes/Scooters below or equal to 180cc. The hirer shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, date, third party/property damage, police complaints resulting from such accident.The hirer on return of the motorbike shall provide cash/ online transfer to YOR’s bank account/ a crossed cheque in the name of “YOR SMARTRIDE PRIVATE LIMITED” which will be used to settle the amount that is not approved by the Insurance Company.
4. All accidents, damages to motorbike, notices issued by police or by court in relation to acts while the motorbike is under the custody of the Hirer shall be intimated and written statement immediately to YOR. Any police cases shall be reported to YOR immediately. Any misstatement or concealment is an offence.
5. If any authority has penalized or fined in relation to Rider’s usage of the motorbike, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to YOR.
6. The Hirer should verify the condition of the motorbike before taking it. The hirer shall not hold YOR or any other person associated, responsible for any loss of life or property due to the condition of the motorbike.
7. Hirer/ Rider cannot use the motorbike for any type of speed contests, competitions, racing, adventurous activities and any type of stunts causing danger to yourself or to the public.
8. Hirer/rider should not Use of the motorbike in any manner that causing excessive wear and tear to the motorbike parts is prohibited. YOR shall penalize (or BLACKLIST) the hirer if it is found that the hirer has caused excessive wear and tear to the motorbike.
9. You are not allowed to do any repairs,attaching any external fixtures, replacement of any item of the motorbike.
10.Hirer will compensate the company for all damages caused to the motorbike. In case of accidents to the motorbike the cost of towing the motorbike from the place of accident to the service station and all other Amounts thatare 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.
11.If the accident or damage to the motorbike has caused due to violation of any rules, then the Hirer has to give the entire cost of repair of the motorbike, damages caused to third parties and compensation required to be paid to the victim.
12.If not covered by the insurance of the vehicle, YOR is not responsible for any damage, loss, theft or any personal property belonging to hirer due to mechanical failures, accidents and negligence. Hirer/rider is responsible for all and has to recover all these.
If you cancel the booking the refund would be made (within 5-7 working days) as per the following schedule-
In case of Advance booking
1. If you cancel 24hours before the scheduled date and time- 100% of the paid amount would be refunded.
2. If you cancel 06 hours before the scheduled date and time - 50%of the paid amount would be refunded.
3. If you cancel less than or equal to 06 hoursbefore the scheduled date and time-No refund
In case of same day booking
1. If you cancel 02hours before the scheduled date and time - 50% of the paid amount would be refunded.
2. If you cancel less than or equal to 2 hours before the scheduled time – No refund
3. If we cancel the booking due to break down, non-availability of the bike or any other reason than we provide 100% refund of the rentals received.
4. If a confirmed motorbike is unavailable due to some reasons (breakdown, maintenancework, accident etc.) we will inform you of such unavailability which is beyond our control, i.e. (due to natural calamities, floods, fire, earthquake, acts of terrorism, strikes, legislation or restriction by any government or other authority, etc.)
You will be entitled to cancel the booking and get the paid amount for the services, if:
1. We reserve our sole right to cancel your booking.
2. You don’t pick up the motorbike on time, then your booking will remain up to two hours from the time of booking & after that it will auto cancel.
3. Your order due to lack of necessary information.
4. Unavailability of the motorbikes ordered/booked.
5. Its beyond our control (due to natural calamities, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc.)
6. Motorbikes which might break down or motorbikes unavailable on time or because of accident which resulting in the bike not being available. In these situations, total refund will be done.
USER DOCUMENTS NEEDS TO SUBMIT FOR RENTING VEHICLE
1. Valid DRIVING LICENCE
2. Aadhar card original along with Registered mobile number & copy will be kept for our reference.
1. For international visitors, a Valid DRIVING LICENCE from their home country with INTERNATIONAL DRIVING PERMIT is necessary
2. Valid VISA & PASSPORT. PASSPORT to be retained with YOR. After returning the hired vehicle, original PASSPORT will be returned to customer.
(Hirer must be at least 20 years of age to ride the bikes above 250cc and 18 years of age to ride the motorbike below 250CC)
PICK UP AND RETURN OF VEHICLE
1. The hirer has to pick up the motorbike from the location that is specified in his/her booking order and has to return the motorcycle in the same working condition as before at the same location in time.
2. The Hirer is strongly advised to inspect the motorbike (noticeable mechanical defects, visual defects etc.) before taking it. The Hirer has to bear all the cost of replacement pertaining to any damage to the motorbike, loss of tools and spare parts kept in the motorbike. Any type of damage, problem happened to the motorbike during the ride should be intimated to YOR while returning the vehicle.
3. The Hirer should inform” YOR”, if he/she notices any abnormality in motorbike during riding.
4. Picture of the hirer with the hired bike will be taken for official use at the time of vehicle pick up.
“YOR” respects privacy of Hirer/rider as far as possible. Hirer however agrees that the following personal information of the hirer and the rider could be collected by YOR.
.Driving license details
.Aadhar card(Identity proof and address proof)
The information should be used for the following:
1. Share with relevant government agencies if asked to furnish any data.
2. 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.
3. Use this information for promotional purposes, giving offers and benefits to the customers by the YOR.
4. Hirer must co-operate with the representative of YOR in taking photo of vehicle along with hirer, which is meant for safety of hirer and record purposes of YOR.
UNDERTAKING AND ASSURANCE
1. The Hirer hereby undertakes and acknowledges that any claim, damages, lost etc. that may arise during the custody of the vehicle by the Hirer will be his/ her own responsibility and if any such claims arise against the owner of the vehicle, the same will be defended at the cost of the Hirer and if any court, magistrate, police, executive, 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 custody of the hirer, will be paid by the Hirer. Hirer is responsible for such claims which include, claims from third parties, passengers and other activities done by the hirer while the motorbike is in the Hirer’s custody.
2. The Hirer shall, at its expense, defend, indemnify, hold YOR and its officers, directors, agents, employees and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions and reasonable expenses (including lawyers’ fees and settlement costs, damages) arising out of or any claims by a third party brought against YOR regarding any actions and use or non-use of the vehicle under the custody of the hirer.
3. The Hirer is legally responsible for the above (damage and loss of motorbike) and agreed to indemnify for all liabilities while the vehicle is in his/ her custody.
4. 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.
5. 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, and then details of the rider should be intimated to YOR in advance with copies of his/ her driving license.
6. The motorbikes cover insurance for the risks listed in the insurance policy taken by the company.
Hirer will never be considered to be YOR’s agent, servant, or employee in any manner for any purpose whatsoever.
ARBITRATION/ DISPUTE RESOLUTION
In the event of any dispute or difference arising between YOR and hirer with regard to the rights and obligation under this agreement or any claim, monetary or 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 Bhubaneswar, Odisha, India.
GOVERNING LAW & JURISDICTION
These 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 Bhubaneswar shall be the competent court of jurisdiction.
This Agreement contains the complete agreement between YOR and hirer relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between YOR and hirer 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 conditions and Agree to obey by it.