BANJARA RIDE LLP (herein after referred to as “Banjara Ride“) provides online, as well as offline rental services for booking of two-wheeler vehicles (Hereinafter referred to a “Ride”) to you (hereinafter referred to as "You" or "End User") by means of the Banjara Ride‘ website, mobile application, and also through offline means viz: on spot or on call booking (which will collectively be referred to as “Service Platform“). Service platform will be the means of providing services to you. Through utilising the services offered by Banjara Ride you also explicitly agree that the association between you and Banjara Ride will be strictly governed by the present terms and conditions. It is your responsibility to carefully read all the conditions mentioned in the present document before utilising the services of Banja Ride through any service platform. When you utilise the services offered by Banjara Ride, it will only be after you have gone through the present terms and conditions and agree to the same at all levels. In case you disagree with any term or condition mentioned herein, please do not utilise the services offered by Banjara Ride. Any challenge to the present terms and conditions will not be accepted at any stage. CLAUSE I DEFINITIONS 1. SERVICES: The Service Platform of Banjara Ride offers the primary service of renting/leasing out motorcycle/motorbike/scooter or other two- wheelers vehicle which may be directly/indirectly owned by Banjara Ride, or owned by a partner/lessor to Customers across the state of Madhya Pradesh, India. (“Services“).
2. BOOKING AMOUNT: Booking Amount is the reservation fee collected by Banjara Ride for reserving the vehicle at the time of booking. The Booking Amount shall be paid directly to Banjara Ride on Banjara Ride Platform. Booking amount = deposit + rent amount 3. RENTAL CHARGES: The rental fees offered by Banjara Ride is as per shown on the Banjara Ride Rental website/app which shall be paid to the Banjara ides directly by You. It may or may not include the Booking Amount. Banjara Ride reserves the right to change the rental rate as per its own discretion. Banjara Ride will make reasonable efforts to reflect all the latest rental rates. 4. SECURITY DEPOSIT: You will be compulsorily required to make a security deposit at the time of Vehicle Pickup. You shall pay such a refundable security deposit directly to Banjara Ride. Banjara Ride may deduct an amount from the security deposit or may retain the entire security deposit in case damage has been caused to the Vehicle, late return of the Vehicle, cost in relation to any traffic challans or traffic rule violations, in the event of any Booking extensions or in case of fuel deficit. Security deposit will be refunded after 24 hours by any payment mode as decided by Banjara Ride.
CLAUSE II TERMS OF UTILISATION OF THE VEHICLE
1. Particulars of the end user: The User/customer who utilises the services of Banjara Ride will have to provide all and any personal information requested by Banjara Ride. Specifically, you will be required to provide your full name, operational phone number(s), alternate telephone number(s), Present and Permanent residential address, office address and email address. It is compulsory for the user to hold a valid and effective Driving Licence to rent out vehicles and a selfie verification of documents will also be done by Banjara Ride before the same. The services of Banjar Ride will only and strictly be utilised by end users who have attained the age of 18 at the time of booking.
2. Objective for renting: You agree to truthfully elaborate the duration for renting the Vehicle and the reason for leasing/renting out the Vehicle. The Vehicle can be rented out only for personal purposes. In case you want to rent the vehicle for any commercial or advanced purpose other than personal travel, you must disclose the same to Banjara Ride and separate terms and conditions will be charted out for such use. 3. Truthful Disclosure: You are under a direct, strict and irrevocable legal obligation that every piece of information provided by you to Banjara Ride, either before or during, the usage of Services offered by Banjara Ride and during any other point of time shall be true, correct, complete and accurate in all respects. Banjara Ride is at the liberty to impose a penalty upon you if it is found that any information provided to Banjara Ride was not true. Banjara Ride will also initiate legal proceedings against you if it deems fit under the circumstances. 4. Banjara Ride shall have the sole discretion to accept or reject each booking for the Service. 5. End user/You must possess a valid and effective Motor Vehicle with Gear (MVWG) License in case of Motor Vehicles with Gear and Motor Vehicle without Gear (MVWOG) License in case of Motor Vehicles without Gear. A copy of your Valid and effective driving Licence will be submitted with Banjara Ride. If in a certain case your license expires or is revoked by the respective authority, the booking will stand cancelled suo motu. 6. If in case you are a foreign national living in India, a valid and effective driving license from your home country with International Driving Permit has to be submitted, or local licence if obtained. If in case you are a foreign national visiting India, then, a valid and effective driving license from their home country with International Driving Permit is necessary along with a valid and effective Visa and a copy of your passport must be submitted. 7. All calls Made to Banjara Ride for booking or other purposes will be monitored and may be recorded at the discretion of Banjara Ride for training or other purposes. Such recordings may also be used in a court of law as evidence. 8. A booking made by you will not bring upon any legal rights until the same is confirmed by Banjara Ride. Booking Confirmation will be sent on your registered email address and mobile number. 9. All reasonable efforts will be made by Banjara Ride to ensure that the vehicle demanded by you is available for rent. In case the vehicle is not available due to certain unforeseen circumstances Banjara Ride may cancel the booking and the amount paid therein shall be refunded subject to the terms of the present agreement. 10. Banjara Ride may discontinue or introduce any new platform for booking Vehicles and/or for providing Services. 11. At all times, during, before and after the booking, it shall be your legal responsibility to abstain from doing, or committing, any such act which Banjara Ride might reasonably conclude, to be disreputable or capable of damaging the reputation of Banjara Ride. 12. You will comply with all the regulations prevalent in the Republic of India and the State of Madhya Pradesh. By utilising the services of Banjara Ride, you agree that you have read and understood all the provisions enumerated under the Motor Vehicles Act, 1988 and the Motor Vehicle rules of Madhya Pradesh. 13. In order to make a valid booking of any vehicle, you will have to submit the following, but not limited to the list, documents: a. Original Driving License b. Original Aadhar Card/ PAN/ Passport c. Passport and visa – for foreign nationals Kindly Note: You must carry the original document at the time of pick-up, which will be verified by Banjara Ride and a photocopy of the same will be retained for future use. 14. A helmet may be provided by Banjara Ride with the Vehicle as per availability. Banjara Ride does not provide a guarantee that a helmet will be provided. If a helmet is provided by Banjara Ride its charges will be included in the rentals of the vehicle. Helmets for you as well as for pillion are a mandatory requirement by law and hence you shall ensure that the pillion rider is wearing a Helmet during the use of the Vehicle as per the traffic rules applicable. The User has the responsibility to follow the law related to wearing of helmet for the rider as well as the pillion, and is liable to pay any fines/costs that are incurred due to violation of such law. A fine may also be imposed on the user by Banjara Ride for Violating the Traffic rules laid down by the Respective Statutes. 15. In cases where a helmet is provided by Banjara Ride and it is found upon return delivery that the helmet is damaged you shall be liable to pay a fine, as imposed by Banjara Ride. 16. The Cost of Fuel will be borne by the user Entirely. Banjara Ride is not liable or responsible for the Vehicle fuel consumption and mileage. 17. Any change in the Pick-up date, time and location of a confirmed booking may be changed subject to confirmation by Banjara Ride and applicable rescheduling fees shall be payable by you. No modification in the confirmed booking will be made by Banjara Ride on the website. 18. The User is not authorized to sub-lend or sell the two-wheeler to any person and such action will lead to imposition of a fine or initiation of legal action against the end user. 19. In case of Mechanical failure/breakdown/cleanliness/maintenance during the ride, you have to immediately intimate Banjara Ride about the same and the location and kind of defect has to be shared along with videos and pictures. Banjara Ride may take suitable steps as per their internal policy. 20. It Shall be your responsibility to collect any Vehicle related document including but not limited to registration certificate, insurance, PUC from Banjara Ride. Banjara Ride will not be held liable if the aforesaid documents are not provided to you. Banjara Ride may also provide you with soft copies of the aforesaid documents. 21. It is a very strict condition that the vehicle will be plied only within the permitted area of usage which shall be declared at the time of pick up. The vehicle can either be plied within the boundaries of a city/district or within the boundaries of a state. Intercity/interstate travel on the rented vehicle is not allowed unless prior and explicit permission is obtained from Banjara Ride. If this condition is violated heavy Fine will be imposed upon the user. The road tax payable during intercity/interstate travel will be paid by the user only. 22. Tracking of the Vehicle: Vehicle may be tracked with a GPS tracker by Banjara Ride. Banjara Ride ensures that your privacy is not compromised in any way. The information regarding the tracking of the Vehicle shall only be shared with the relevant authorities in case of theft/accident/or any other incident which happens with the Vehicle. 23. It Shall be your responsibility to inspect the Vehicle before riding them for any physical or noticeable mechanical defects or flaw found on/in the vehicle. You have to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the behicle during the ride should be intimated to Banjara Ride while returning the vehicle. CLAUSE III CONSIDERATIONS 1. You shall be required to pay Booking Amount for booking the Vehicle to Banjara Ride on Banjara Ride Platform. In order to ensure that the booking is confirmed you must make successful payment of amount. If a successful payment of the booking amount is not made, then the booking will not be confirmed. Vehicle selection will be on the basis of first come first serve.
2. If a proper cancellation is done by you before 24 hours of the decided pick up time, then 50% of the rent amount paid by the customer will be deducted as cancellation fee, and the remaining 50% of the rent amount will be refunded. The refunded rent amount will reflect in the customer‘s bank account or by cash within 7-10 business days. 3. If in case a booking is cancelled by Banjara Ride due to non-availability of vehicle or due to some other unforeseen circumstances, a complete refund will be initiated. The refunded amount will reflect in the customer‘s bank account or by cash within 7-10 business days. 4. Banjara Ride reserves the complete and irrevocable right to cancel any booking without any prior notice at any point of time. It is not mandatory that a reason will be stated or explained to you at the time of cancellation or thereafter. 5. Once a booking has been confirmed by you and a time period of 48 hours has passed since then, no refund/reimbursement/cancellations claim will be entertained and the entire amount will be treated as cancellation charge. 6. No refund claim will be entertained once the actual booking duration of trip has started. CLAUSE V OTHER TERMS 1. It shall be your responsibility to secure the Vehicle during the booking period. The ignition of the Vehicle must be turned off and the handle must be locked properly. Penalty will be imposed on you if this code of conduct is not adhered to. 2. Banjara Ride undertakes the responsibility to perform all necessary and required routine maintenance on all of its Vehicles. However, you shall be responsible for the cleanliness of the Vehicle and are expected to assist in helping Banjara Ride to maintain the driving safety and performance of the vehicle, in particular during longer bookings or when the vehicle indicates that service or maintenance is required. 3. If in case the vehicle breaks down, it must be reported to the Banjara Ride immediately without any delay. 4. You must return the Vehicle, secured, clean, and in good working order to Banjara Ride at the end of the booking duration. 5. In case a helmet(s) is provided to you by Banjara Ride, it shall be your responsibility to return the same in a clean state and good working condition. If the Helmet has suffered any damage, you will be liable to pay the cost of the Helmet. 6. If in case you observe certain abnormality in a vehicle, which may or may not impair the ride, it shall be your responsibility to report the same to Banjara Ride and also to not ride the vehicle in such a condition. The vehicle will be replaced, depending on availability. 7. If there is certain damage or abnormality in the vehicle, you must bring that to the notice of banjara Ride before taking the vehicle. If in case a problem or damage was not notified to Banjara Ride at the time of taking the vehicle but the same appears at the time of return, you shall be deemed responsible for the same. 8. You are solely and irrevocably responsible for the Vehicle while driving and any damage caused to it during the trip. 9. In case of occurrence of theft of vehicle, the same must be immediately reported to Banjara Ride and to the nearest police station with all the details of the theft truthfully. You will be the primary witness of such theft and it shall be your duty to provide Banjara Ride and the Police authorities with the factual details of the event. You must fully cooperate with Banjara Ride and police authorities. 10. If in case a summons, complaint, document, or notice of any nature is received by you in relation to an accident, theft, or other circumstances related to the Vehicle rented by you, you must immediately inform Banjara Ride and provide a copy of the said summons, complaint, document, or notice. 11. You must never leave a vehicle in a zone which has parking restrictions. If you have left the Vehicle in such a restricted zone, you must immediately notify Banjara Ride and you will be responsible for any and all violation notices or towing charges incurred by Banjara Ride. 12. The use of the vehicle must be done in a normal and careful manner. In case the vehicle is used which causes excessive wear and tear you will be liable to pay a penalty. 13. You are not allowed to attach any external fixtures or fittings or upgrades to the Vehicle. No repairs, replacement of any item of the Vehicle will be done by you. 14. In case of accident of the Vehicle, the cost of towing the vehicle from the place of accident to the service station and all other amounts which includes damage to the property of third party and compensation required to be paid to the victim/third party have to be paid by you. You will compensate the Banjara Ride for all damages caused to the Vehicle. A daily tariff will also be paid by you for the amount of time for which the vehicle stays in the service station. 15. Banjara Ride will inform you if in case a vehicle is unavailable after a booking has been made by you. However, in certain cases the reason of unavailability may be beyond the control of Banjara Ride and in such cases a settlement will be reached between you and Banjara Ride which shall solely depend on Banjara Ride’s discretion. CLAUSE VI PROHIBITED USE It is a clearly agreed term of booking that the rented vehicle will not be used by you for the below mentioned purposes under any circumstance. In case it is found that the vehicle was used for any of the below mentioned purposes or in the below mentioned manners, Banjara Ride will report the same to the respective authorities and you shall also be liable to pay a penalty as decided by Banjara Ride. The below-mentioned list is not exhaustive, and any unreasonable or inappropriate use of the Vehicle provided by the Banjara Ride, as determined by Banjara Ride in its sole discretion, may be deemed a violation of these Terms of Use. 1. The vehicle will not be plied by any person who is under the influence of alcohol or any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted in such cases. 2. In the carrying out any illegal activity. 3. The transportation or carrying of any arms of illegal substances is strictly prohibited. 4. For Speeding or entering a racing competition whether legal or illegal. 5. The vehicle will not be used in an imprudent, negligent, or abusive manner or for any use which can be considered abnormal in the opinion of Banjara Ride. 6. The Vehicle will not be used by any person who has provided Banjara Ride and/ or any employee of Banjara Ride with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address). 7. The Vehicle will not be used for driving outside of the permitted area or any prohibited areas within the permitted area. 8. The Vehicle will not be used for driving 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 You from driving or otherwise engaging in similar activities that may be prohibited by applicable law. 9. The Vehicle will not be used to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household. 10. The Vehicle will not be used for transporting objects on the vehicle that could adversely impact the Vehicle‘s handling safety or that could damage the Vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Vehicle. 11. The Vehicle will not be used for carrying more than 1 passenger. 12. Only the prescribed fuel for the selected model will be filled in the vehicle. 13. The general rules of riding must be studied by you before the trip. You shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the User has to pay all the fines/penalties. If any case is registered by the police authorities against Banjara Ride, being the owner or permit holder of the vehicle, you have to compensate Banjara Ride all costs, fines and legal fees incurred. 14. If it is found that you ride the vehicle beyond the speed limit set as per the traffic rules or any other laws, Banjara Ride will not protect you from any loss or damage to the vehicle, and the third party through the insurance that it has, and you shall personally be liable for all the loss or damages caused. Kindly note - The contract of usage would be terminated immediately and heavy penalty will be imposed upon you due to the violation of any of these Terms of Use and you are required to return the Vehicle immediately back to Banjara Ride. There would be no refund of the Rental Charges already made, and you have sole responsibility for any and all costs, charges, fees and expenses incurred by Banjara Ride as a result of a breach of these Conditions. CLAUSE VII TRIP EXTENSION 1. If in case you wish to extend the duration of your trip, a request has to be made to Banjara Ride at least 1 hour prior to the decided time of drop off. You will have to make the request for extension of time of trip the customer care/ Field executive of Banjara Ride over the phone. Trip can also be extended through the android application of Banjara Ride but the same will also be subject to acceptance. As per the booking schedule, Banjara Ride reserves the right to confirm or deny the request depending on the bike availability. 2. Charges for Trip extension: The standard rates will be applicable for extensions. 3. If a request for trip extension has been made by you but the same has not been actively denied or accepted, it will be deemed that the request is denied. You will not be allowed to extend the trip and penalty shall be imposed upon you subject to the terms of the present agreement. 4. If in case you don’t drop the Vehicle even when the extension request was denied, penalty charges will be applicable. If you suspect that you will be late, please reach out to the Banjara Ride to avoid the penalty. CLAUSE VIII NO ADMISSION OF LIABILITY 1. User agrees that neither the partners of Banjara Ride nor officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from (i) the use or/and the inability to use the service; (ii) any claim against damage which may happen to the User during the booking; (iii) any inconvenience to the User arising out of any changes made by Banjara Ride in the booking such as Vehicle type, timings of booking or condition of the vehicle etc; (iv) any act of omission and/ or commission of fraud/ theft/ willful misconduct or gross negligence by the User; (v) non-compliance of traffic rules by the User and any liability/ fine or penalties arising out of such non-compliance. 2. In no event shall Banjara Ride‘s total liability to you for all damages or/and losses or/and causes of action exceed the amount paid by you to the Banjara Ride, if any. 3. Banjara Ride is not responsible for any damage to, loss or theft of, any personal property belonging to you, regardless of fault or negligence. 4. The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice. 5. Banjara Ride will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate. Banjara Ride shall not be liable for any damage arising from the same. 6. Banjara Ride shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including - but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. CLAUSE IX INTELLECTUAL PROPERTY RIGHTS 1. Banjara Ride is the sole owner and lawful licensee of all the rights to the web site, Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with Banjara Ride, its affiliates, agents, authorized representatives, as the case may be. 2. All rights not otherwise claimed under this Terms of Use or by the Banjara Ride are hereby reserved. The information contained in this Platform and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. 3. Banjara Ride does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website or Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service. 4. All related icons and logos are trademarks or service marks or word marks of the Banjara Ride in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 5. All the contents on this website and/or Platform is copyright of the Banjara Ride except the third-party content and link to third party website on our website and/or Platform. 6. You shall not do the following: I. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way; II. modify or make derivative works based upon the Platform; III. create Internet “links“ or “frame“ or “mirror“ any application on any other server or wireless or Internet-based device; IV. reverse engineer or access the Platform in order to: V. design or build a competitive product or service, VI. design or build a product using similar ideas, features, functions or graphics of the Platform, or VII. copy any ideas, features, functions or graphics of the Platform, or VIII. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform. CLAUSE X INDEMNITY You indemnify and hold Banjara Ride, and their respective Partners, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by you due to the use or possession of the Vehicle by you, violation of any applicable laws, and any non-compliance with these Terms and conditions. CLAUSE XI GOVERNING LAW & JURISDICTION 1. The terms and conditions and any dispute arising out of the same shall be adjudicated by, and interpreted in all regard in accordance with the laws of the Republic of India. 2. You submit hereby to the exclusive jurisdiction of the courts of Bhopal, Madhya Pradesh, India. 3. All disputes arising out of or in relation to these Terms of Use shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996. 4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and Banjara Ride. 5. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bhopal, Madhya Pradesh, India. 6. The award of the arbitral tribunal shall be final and binding. CLAUSE XII NO AGENCY The End use of the vehicle will, under no circumstances, be considered an agent of banjara Ride for any purpose and before any authority whatsoever. CLAUSE XIII ASSIGNMENT Any rights under the present terms and conditions cannot be assigned to a third party without the prior written consent of Banjara Ride. CLAUSE XIV AMENDMENT The present terms and conditions may be amended by Banjara Ride at any time without a prior notice and the same shall become applicable as notified by Banjara Ride. The Amendment and its applicability will be on the sole discretion of Banjara Ride. CLAUSE XV SEVERABILITY If any provision or any part of a provision of the present Terms of and conditions is found to be non-effective, unenforceable or prohibited by applicable laws of the Republic of India, in that case any such provision or part of provision shall be severed from these Terms and conditions and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall not be in action and shall form a part of the agreement between you and Banjara Ride hereto and the remaining of these Terms of Use shall be valid and binding and have an effect as though the said provision was not a part of the present agreement. 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