Terms & Condition

Ride With Blue Bird PRIVATE LIMITED ,a company registered under the provisions of the Companies Act, 2013, having its registered office at Behind State Bank Of India , plot no. 273 Samarth Nagar , Central Bus Stand, Aurangabad, Maharashtra 431001

User hereby accepts below mentioned Terms and Conditions for Daily/Hours/weekly/monthly

The Company and the User may hereinafter be collectively referred to as the 'Parties' and individually as 'Party'. WHEREAS:

A. The company is engaged in the business of providing passenger transportation in vehicles on rental basis including providing Self Driven Motorcycles and Scooters.

B. The User wishes to hire the vehicle, as described in the invoice, from the Company for the duration and for plying the said vehicle within the territory as per details mentioned herein; and

C. The Company has agreed to let and the User has agreed to take on hire the vehicle as more appropriately described in the invoice, to which this agreement is annexed, on and subject to the mutually agreed terms and conditions · appearing hereafter.

1. The company hereby rents to the User and the User hereby takes on rent the 'Vehicle' as particularly mentioned/ described in the booking no to which this agreement is annexed, subject to all the terms and conditions herein.

2. The User hereby understands and agrees that the Company has rented the Vehicle to the User on the basis of receipt of the copy of valid driving license, passport and/ or Voter ID of the User and other representation and warranties of the Company. The User agrees that if the User fails to provide copy of valid driving License, passport/ Voter ID, the Company shall have the right to refuse delivery of the vehicle to the User and forfeit 100% (hundred percent) of vehicle rental charges payable by the User.

3. The User represents and assures that the vehicle rented hereby by the Company shall be self driven by the User only and the User shall not assign/ sub-rent/ license the vehicle to any other person whatsoever.

4. In case the vehicle is supposed to be driven by any other person also, the User shall ensure that such driver is holding a valid driving license and the User shall obtain prior written consent of the Company for such person at the time of signing this Agreement hereof, such that the additional driver's name must be endorsed in this agreement.

5. That 'User' agrees that it will return the vehicle, together with all its tyres, tools, vehicle documents, accessories and equipment, to the agreed return location specified on the date specified on the invoice, unless the User requests and the Company agrees to an extension in writing, or sooner upon demand being made by the company. The User shall ensure that the vehicle, along with accessories and requisite documents, are In proper operating condition, clean and fit for the purpose for which it was required. The tyres are In good condition without puncture. In the ,event of damage caused to any part of the vehicle or any accessories thereof, the User agrees to repair and/ or replace the same forthwith at his/ her own expense with a part/ accessory/ tyre of the same dimension/brand and ,specifications recommended by OEM. The odometer and other accessories of the vehicle shall not be damaged/ tempered and In case It Is done, the User Is liable for the replacement cost of the same. No parts of the vehicle shall be replaced without the prior consent of the Company.

6. The User hereby acknowledges and agrees to have received the vehicle In good order and condition. The User shall be_ solemnly liable for cost of all fuel consumed during the rental and restoration. User of the vehicle hereby acknowledges and agrees the following:

a. Restoration of the vehicle. In the same good order and condition wherein the User shall maintain the vehicle as a prudent man.

b. The vehicle. will be restored with the Company containing the same amount of fuel In It as was provided before handing it over to the rental user In the event of the user do not provide the fuel as has been mentioned In the aforesaid clause, the company shall have the right to charge the User the cost of fuel with 20% as surcharge.

7. The User represents and warrants that the vehicle shall not be operated:

a. To transport goods in violation of customs regulations or in any other Illegal manner, like drugs or alcohol etc.

b. To carry passengers or property for consideration express or Implied.

c. To propel or tow any vehicle or trailer without the consent of the Company

d. In Motor Sports events (including racing, pace making, rallying, reliability trails, driving lessons, speed testing and any other events of similar nature)

e. By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed as applicable by law.

f. By any person other than the User or any person(s) nominated or employed by the User who is approved by the Company; who' is at least 23 years of age or older as stated in the Company's tariff, Is duly qualified and holds and has held valid full driving license. for at least one year; or in the case of breakdown or accident, a motor vehicle repairer provided that he Is duly qualified and licensed:

g. Outside the geographical boundaries of the Republic of India without the express agreement of the Company.

h. User shall not take the vehicle to high Terrain area or terrorism/ Naxal affected area unless specifically approved by the Company.

8. User is personally liable to pay the Company on demand:

a. Time, damage waiver (if any), pick up service, drop service, fuel and maintenance charges at the rates specified in the invoice.

b. All fines and court costs for parking, traffic or other legal violations assessed against the vehicle until the vehicle is returned except where caused through fault of the Company.

c. The Company's cost including legal reasonable fees where permitted by law, incurred collecting payments due from the User hereunder; and

d. The Company's cost for repairing collision or upset damages to the vehicle, provided, however if the vehicle is operated in accordance with all the terms hereof, the User's liability for such damage shall be waived if the User has purchased the damage waiver in advance subject to damage waiver policy.

e. GST and all other applicable taxes shall be payable extra.

All the expenses shall be adjusted from the Security Deposit or have to be paid by the user. (As defined below)

9. That the User undertakes to take all necessary steps to protect the interest of the Company and of its Insurance company and shall ensure that the Vehicle Is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance nor do or allow to be done any act or thing where by any sub policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance. The User and any authorized user shall further participate as an insured under an automobile insurance policy. The user is bound by and agrees to the terms and conditions thereof. The User agrees further to protect the interests of Company and its insurance company in case of accident or theft by doing the following, as applicable:

a. By co-operating with the Company to comply, with necessary documentation and other formalities required for claiming insurance.

b. Obtaining name and addresses of the parties involved and of witnesses.

c. Not admitting liability or guilt or giving money to any persons involved.

d. Not abandoning the vehicle without adequate provision for safeguarding and securing same.

e. Calling the Company within 24 hours by telephone and forward the copy of FIR (If applicable) even in case of slight damage; further completing the Company's accident report, including diagram as a required on return of vehicle; and Notifying the police immediately if another party's guilt has to be ascertained, or ff any person is injured. The Company hereby declines all response, all responsibility for objects left in the vehicle during the rental of the use of the vehicle. The Company further declines all responsibility for injury to third parties or damage to the vehicle which the User may cause during the hiring period. The User shall return the vehicle to the Company in the condition in which the delivery of the same was taken. Subject to normal wear and tear. The User and/ or any other authorized User/ drivers shall be liable for any breach, infringements, criminal liability committed by them while using/ driving the· vehicle.

10. That User hereby releases and agrees to indemnify the Company from and. against any liability for loss or for damage to any property (including costs relating thereto) left, stored or transported by the user or any other person in or upon the vehicle before or after return of the vehicle to the Company.

11 . That the Company whilst taking all precautions and using Its best efforts to prevent such happening shall not be liable for any loss or damage arising from any fault or defect or from mechanical failure of the vehicle of any consequential loss or damage.

12. That User shall during the continuance of this agreement.

a. Always lock the vehicle when not In use and ensure it Is adequately protected against damage due to adverse weather conditions.

b. Not allow any person without the prior authorization of the Company to carry any work which otherwise interferes with the vehicle or any part thereof except if the prior authorization cannot be obtained and the repair Is minor to the tune of Rs. 500/-.

c. Not hold him out as or purports to act the agent of the Company for any purpose whatsoever.

d. Be fully responsible for any loss or damage caused, to the Vehicle howsoever occasioned other than normal. wear and tear. The User shall give immediate notice to the Company and subsequently confirm in writing by sending through speed post/courier within 24 hours of any loss or damage caused to the Vehicle or any breakdown, malfunction or other failure thereof. The obligations of the User hereunder shall not be prejudiced by the existence of ant policy of Insurance in respect thereof. ·The User shall not continue to use the vehicle In the event of damage to or a breakdown of the vehicle if to do so would or might cause further damage to the vehicle. The User shall take the vehicle to the nearest authorized service Centre for repair and pay such cost as estimated by the authorized service center and shall ensure delivery of the vehicle to the Company. The User shall be responsible to bear all costs for handover of the vehicle.

e. Keep the Company fully indemnified Including Its directors, employees and shareholders against all losses, liabilities, costs actions, claims any fines or penalties Imposed ("Losses") In respect of or arise out of use of the vehicle Including losses on account of any third party liability, damage to the vehicle, accidents. Illegal use of the vehicle,' misrepresentation or breach of its obligations by the User.

f. Without prejudice to provision for Company's right to indemnification under this agreement, the user agrees to pay Rs. (40,000/-) to the company for each and every breach of terms and condition of this agreement. The User agree that subsequent to take over the vehicle by the Company from the use if the Company detects any damage In the vehicle, the Company shall intimate details of such damage and the costs payable for such damage to the User. If the User fails to pay such cost even after intimation from the Company for three times, it shalt be deemed acceptance by the User of his/her liability to pay for such damage and on such happening, the User authorizes the Company to deduct cost of such damage from the User using the credit card details of the User provided to the Company at the time of booking.

g. Not sell, assign pledge, let or hire or otherwise dispose of the vehicle and /or its equipment or attempt to do any these things. -Not allow any person to use or drive the vehicle without prior written consent of the Company save and except as provided In this agreement.

h. (i) Neither remove nor change any name or other mark identifying the ownership of the vehicle and

(ii) Neither use nor allow the vehicle to be used for any illegal purposes or of any purpose of which it is suitable or desirable

i. Neither use nor allow anyone to Carry passengers more than permitted by the registration paper

j. Neither use nor drive the vehicle under the influence of alcohol or narcotic drugs.

k. Neither drive the vehicle beyond permissible speed limit nor contravene with the provisions of any status statutory instrument, regulation relating either to the vehicle of its use and procure that driver of the vehicle shall observe and perform the terms and conditions of all policies or contracts of insurance relating to the vehicle for its use.

I. Acknowledge that the vehicle is and shall be throughout the period of Its hiring be the sole property of the Company and /or its affiliates and all rights thereto shall vest in the Company and/or its affiliates.

m. Not acknowledge or compound any claim either partial or In full in respect of any accident involving the vehicle.

13. The User hereby further represents and warrants that the information and documents of the user supplied by him/her to the company is true and accurate.

14. The User shall be solely responsible for and hold the Company fully indemnified against any loss, theft, damage, costs, accident or injury (including death) to persons or property, including loss, theft, damage, accident of the vehicle, accruing in connection with the vehicle or as a result of the negligent use thereof and against any breach of obligation by the User of the vehicle. This indemnification shall survive termination of this agreement.

15. The User hereby acknowledge that during the currency of this agreement and for the purposes of the Motor Vehicles Act 1988, the user shall be liable in respect of the vehicle for any of the offences which may be committed under the applicable law and for any liability with respect to the use of the vehicle including but not limited to any challans, penalties, third party liability, accidents and the user shall indemnify the Company against any losses, damage ,costs and liabilities etc. in this regard.

16. · In the event of any breach by the User of any of the terms and conditions hereof, the Company may without notice repossess the vehicle and for such purpose may enter upon. premises where the vehicle may be and remove the same and the user shall be responsible for and indemnify the Company against all actions, claims, costs and damages consequent upon or arising from such repossession and removal.

17· The User hereby understands and agrees that any fine arising from parking, traffic or driving violation will be charged along with 100% surcharge on such amount, VAT/Service tax at applicable rates will be charged extra. Any increase in tax or the incidence of new taxes will be charged directly from the User in addition to the rental charges.

18. If, by virtue of signing this agreement, It Is the User's intention to pay by credit card or charge card, then the User's signature on the agreement constitutes authority for the Company to compute and debit the final total charges against the User's account with the specified card issuing organization. The rate of exchange used on any currency conversion shall be conclusively determined by the Company. The User gives the right to the Company to block and advance deposit amount on the credit card for security purpose ("Security Deposit"). The User authorizes the company to deduct additional charges, If any directly from the Security Deposit.

19. In the event of outstation trips, If the vehicle is damaged for any reason attributable to the User, the User shall be liable to get the same rectified at Its own coats at authorized service station. The decision of the Company In this regard shall be final. The user shall take the vehicle to nearest authorized service center for repair and pay such cost'as estimated by the authorized service center and shall ensure delivery of the vehicle to the Company. The User shall be responsible to bear all cost for handover of the vehicle.

20. Any addition or alteration to these terms and conditions shall be null and void unless agreed upon In writing by the parties.

21. In this Agreement, the word 'Vehicle ' shall In addition to the meaning ascribed hereto shall also Include any replacement thereof and shall include all equipment , accessories, tools and spare tyre relating to the same and the singular shall where as appropriate including the plural and vice-versa. Any reference to any status shall be deemed to refer to any statutory modification or re-enactment thereof for the time being in force.

22. The User agrees that the data shown In the Invoice may be stored, processed and transmitted manually/electronically by the Company. The User also agrees to provide accurate information in invoice and shall be liable for any damage and disputes arising due to the inaccuracy of the information.

23. The User may be allowed to extend the duration of the rental over the time period mentioned In the Invoice after getting a written communication from the Company. The Company holds the final authority. over the extension and shall charge for additional days or hours, as the case may be, as per the rates specified In the Invoice. Unless the Company allows the extension in writing, the user shall be bound to return the vehicle back as per the tenure mentioned in the vehicle.

24. The User shall not transfer or assign any of Its rights or obligations under this agreement without the prior written approval of the Company.

25. Unless otherwise stated, all notice, approvals. Instructions and other communications for the purposes of this agreement shall be give in writing and may be given by facsimile, by e-mail, by personal delivery or by sending the same by registered acknowledgment due or courier addressed to the party concerned at the address first stated herein above or any other address subsequently notified to the other party. Such notice shall be deemed to be delivered on receipt.

26. In the event of any dispute or difference arising out of or in connection with this agreement, the parties shall endeavour to resolve the same mutually through amicable discussions. In the event the parties fall to arrive at an amicable settlement within 15 days from the date of reference thereof for amicable discussions, such dispute/difference shall be settled through arbitration and shall be referred to the sole arbitrator to be appointed by the Company. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/or any amendments and modifications made thereto. The arbitration proceedings shall be conducted in the English language and the place of arbitration shall be Ahmedabad. It Is hereby further agreed that the award of the arbitration shall be final and binding on the parties. This clause shall be survive expiry or termination of this agreement.

27. This agreement shall be governed by and construed in accordance with the laws of India and subject to dispute resolution mechanism hereby agreed; the parties have agreed to submit themselves to the jurisdiction of the courts of the place where the vehicle is delivered by the Company to the User.

28. This agreement constitute the entire agreement between the parties with respect to the subject hereof and supersedes all prior communications negotiations and representations, either oral or written, between the parties. In relation hereto, it is expressly declared that no variation, amendment, modification or addition to this agreement shall be effective or binding on any party unless set forth in writing and duly authorized by the parties hereto.

29. All-purpose necessities.

a. The User must swiftly report any incident involving loss or damage to the vehicle while rented under this agreement or to any property or person to the Company location from where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss.

b. The User shall be release and hold harmless the Company (and its directors, officers and employees). from all claims for loss or damage to their personal property, or that of any other person's property left in the vehicle, or which is received, handled or stored by the Company at any time before, during or after this rental period, whether due to the Company's negligence or otherwise.

c. No right of the Company under this agreement may be waived except in writing from the legal department of the company

d. The Company shall NOT be held liable for any injury, damages or any other occurrence as a result of child restraints not being correctly fitted or used.

30. In an event wherein cancellation Is done by the Company for whatsoever reason, only booking amount will be refunded. Parties here by agree that under no circumstance the liability of the Company shall exceed the vehicle rental charges. This clause related to booking screen /confirmation mail to user as precondition and it may be changed time to time.

31. Notwithstanding anything in this agreement, the Company has the sole right to refuse delivery of the vehicle to the user without any reason subject to refund of amounts paid by the User to the Company under this agreement.

32. Payment of any charges/fees payable under this agreement shell not be allowed to be made in cash.

33. Pickup & Drop Charges are depends on distance and subject to availability

34. Security deposit refund maximum time is 48hrs From our side

SPECIFIC TERMS & CONDITIONS

1. You need to submit a photocopy of your driving license and one passport size photograph.

2. Security deposit and documents terms: a- If you are submitting your original passport then there will be no security deposit. b- If you are submitting Aadhar Card then the security deposit will be INR 1000- INR 5000(Depending on the bike). c- If you are submitting Driving license or Voter ID then you have to submit a cheque of your bank account + the security deposit of the bike – For Digital agreements no physical documents to be submitted

3. The documents of the vehicle will be given digital to you.

4. There is km limit in every vehicles caping has been set as per the usage or tenure

5. If you wish to exceed your trip, you need to call our customer care service and inform about it. We don't charge any extra amount till 1 hour. After that, it will be INR 120 per hour. After 5 hours, one day rent will be calculated. In case of hourly booking, INR 100 per hour will be charged in case of delay.

6. A very good helmet will be provided with the bike (cost starts from INR 50 per day). If the helmet is damaged, you will have to pay the price of a new helmet. However, you can take the damaged one with you. Same with the accessories.

7. You are not allowed to abandon our bikes at any place. If you do so, strict actions will be taken

8. Any traffic violations and challans will be on you. Better to follow traffic rules.

9. Our bikes are genuinely service You can test drive the vehicle as many times as you want. After that, it will be your responsibility. We can help you within city limits. If you are at any other place, we will try our best to help you out. Charges will be on you.

10. In case of any damage or accident, the rider has to incur the cost for the damages and also have to pay the rental amount till the time the motorcycle is under repairs. The original ID proof and security deposit will be held back as security

11. If the bike is returned before the stipulated period of time, no refund will be provided in such a scenario.

12. In case of a breakdown, it is the rider's responsibility to get the bike back to our pickup point.

13. In case you are required to change any part of the vehicle, you need to inform our customer care service. We will reimburse the amount. You need to submit the invoice for that. (Applied only for Tires, Batteries, Chain, Brake Pads, on & Electrical Failures)