DRIVING LICENCE+ADHAAR CARD or GOVERNMENT ID IS COMPULSORY
Terms and Conditions
Rider needs to present a valid Driving License at the time of picking up the vehicle. Original ID proof (Voter ID, Aadhaar Card or Passport) needs to be submitted at the time of pick up.
If customer drives the bike above 150 km/day then Rs.2 excess Fee will be levied per Kilometer.
If the vehicle booked for 5 hrs it will have a limit of 65 kms for bike
Late Return fee would be Rs 100/hour plus hourly & daily basis rent.
1 Complimentary helmet will be provided
Fuel charges are not included.
If you don't bring the driving license, we will not handover the bike and cancellation is not allowed.
If any of the documents of the bike gets lost or damaged the fine will be as follows:
1. R.C – Rs 100 /- 2. Pollution – Rs. 200 /- 3. Insurance – Rs. 300 /-
IF any damage to the vehicle below 110cc Rs10000/-, below 150 cc Rs20000, 150cc to 350cc Rs 30000/- will be charged depending on the damage done to the vehicle during rental period.
1) We provide one helmet per Bike on rent and the second one will be charged a sum of rupees 50/-on request and they have to be returned without any damages during the drop.
2) Charges Applicable:
I. Fine of Rs 1000 if helmet is lost.
ii. For minor damages fine =Rs 350/-
iii. For major damages fine =Rs 1500/- (The minor and major damages will be decided by vendor.)
Late Hour Charges (Without inform)
Gearless vehicles geared vehicles
S.No Late Hours Charges S.No late Hours charges
1 Below 1 hour No Charge 1 Below 1 hour No Charge
2 1 Hour 100/- 2 1 hour 150/-
3 2 Hours 200/- 3 2 Hour 200/-
4 3 to 5 hours 400/- 4 3to 5 hours 600/-
5 After 5 Hours 450 5 After 5 hours 800/-
VENDORS DECISION WILL BE FINAL .ON LATE HOUR CHARGES.
When you inform the vendor late hour charges are different for each bike (Please inform before 2hrs of return date & time).
Over Speed Charges:
S.No Gearless (KM/hr) Charges Geared (KM/hr) Charges
1 60-65 No Charges 80-85 No CHARGE
2 65-70 150/- 85-90 200/-
3 70-75 200/- 90-95 350/-
4 75 & Above 300/- 95 & Above 500/-
Kilometers limit perday/hours
A Limit of 150Kms/day every Excess kilometer Rs. 2 (below 125cc)
Above 125cc Rs 3 will be charged per kilometer
Above 180cc Rs 4 will be charged per kilometer
.In case of damage to the Bike on rent due to accident/mishandling/carelessness, appropriate charges will be calculated by the vendor and the customer is liable to pay the same to the vendor along with the daily tariff until the bike is ready for renting again.
1. CONDITION OF THE VEHICLE
1.1. The Customer hereby acknowledges and accepts that the Customer has received the Vehicle from the Owner:
(a) in a good and clean condition except as otherwise specified in the “Vehicle Details and Conditions Report” prepared by the Owner prior to the handover of the Vehicle to the Customer;
(b) with supplied tools, spare tyre, accessories and equipment, keys, the mobile global positioning system (GPS) (if provided) and other accessories and any other items specified on the Vehicle Details and Condition Report;
(c) With the seal of the odometer unbroken; and
(d) with the checked out odometer reading and fuel reading.
1.2. The Customer agrees that the Vehicle has been provided by the Owner to the Customer on an ‘as is’ basis, as set forth in detail at the time of delivery of the Vehicle and nothing in this Agreement shall be construed as the Owner giving to the Customer, any representation or warranty as to the nature, condition, fitness for purpose, merchantability or suitability of the Vehicle.
1.3. Upon return of the Vehicle by the Customer an inspection shall be conducted by the maintenance staff of the Owner for assessing the condition of the Vehicle and to identify any damage caused to Vehicle by the Customer during the Rental Period. While the Owner shall take at least 24 hours to inspect the condition of the Vehicle upon return, the Owner agrees that all efforts shall be made by the Owner to complete inspection of the Vehicle by end of the business day following the day on which the Owner received the Vehicle from the Customer. In the event of any damage, defects or issues being identified upon such inspection by the Owner, the same shall be notified to the Customer and such damage or defects shall be dealt with in the manner enumerated in Clauses 1.5 to 1.9 below. Further, in the event of the Customer having committed any traffic offence during the Rental Period and is liable for any penalty or fine, the vendor shall charge it from the customer.
1.4. The Customer hereby agrees that the Customer shall not be entitled to cancel, withhold, defer or reduce the Rental Fee or any other amount payable by the Customer in terms hereof by reason of any defect or deficiency in or damage to the Vehicle, except otherwise as noted by the Owner at the time of providing the Vehicle on rent to the Customer in the “Vehicle Details and Conditions Report”. Any defect or deficiency in or damage to the Vehicle not observed and noted in writing by the Owner at such time shall be deemed to have been caused by the Customer and compensation or damages for the same shall be paid for by the Customer to the Owner.
1.5. In the event of any breakdown or repair of the Vehicle attributed to the failure in routine maintenance or due to normal wear and tear, a replacement Vehicle of closest category shall be provided by the Owner to the Customer within reasonable time, if the Vehicle is within the city limits of the city in which the Vehicle was hired by the Customer. However, such replacement of the Vehicle by the Owner shall be subject to availability of a replacement vehicle and provided such replacement has been requested by the Customer during the normal business hours of the Owner. The Owner may at its sole discretion require the Customer to pay additional amounts as Rental Fee towards the replacement vehicle.
1.6. All wear and tear and regular maintenance issues caused to the Vehicle during the Rental Period shall be the responsibility of the Owner. However, any major/substantial physical damage caused to the Vehicle during the Rental Period shall be the responsibility of the Customer. The Owner shall reserve the right to declare whether any damage caused to the Vehicle is substantial in nature or not. In the event there is any substantial damage caused to the Vehicle, the Customer hereby undertakes to fully compensate the Owner for such damage, the quantum of which shall be evaluated by the Owner at market rates for the parts damaged and the expenses to be incurred for repairs. The compensation amounts will be charge to the customer in accordance with the terms contained in this Agreement.
1.7. In the event any damage has been caused to the unseen mechanical parts of the Vehicle such as engine, gearbox, suspension, etc, during the Rental Period, which were not identified by the Owner during the inspection upon return of the Vehicle and is later identified by the Owner, the Customer shall be liable to compensate the Owner for such damage caused to the Vehicle. The charges towards repair or replacements for such damage to the Vehicle will be charge to the customer.
1.8. Further, the Customer hereby agrees to pay for reasonable costs of repair of the Vehicle if: (i) the Owner has to pay extra costs to restore the vehicle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre- rental condition); or (ii) the vehicle has been damaged internally or externally while in the possession of the Customer. These costs shall include, but is not limited to, professional cleaning, deodorizing or repair. The decision of Owner regarding the expenses, costs, etc. and whether undertaking such repair of the Vehicle is required or not, shall be final in this regard. The Customer agrees that the Customer shall also be responsible for compensating the Owner towards any damage caused to the Vehicle on account of hitting/colliding low-level or low lying objects, such as bridges, low branches, etc.
1.9. The Customer shall also be responsible for any loss or damage caused to any additional equipment or accessories hired by the Customer at the time of rental, including but not limited to satellite navigation equipment, etc. Further, in the event any of the accessories, parts or equipment in the Vehicle are removed from the Vehicle or are missing for any reason, the Customer shall be liable to compensate the Owner for the same. In the event the keys of the Vehicle are lost by the Customer, the Customer shall be responsible for any charges relating to the same such as cost for key replacement and for loss of business during the time taken to obtain replacement key, etc.
1.10. In case any pre-existing damage had occurred to the Vehicle as mentioned in the Vehicle Details and Conditions Report, however additional damage occurs on the same part or area of the Vehicle during the Rental Period, the Customer shall be charged either the proportionate cost of repair or the entire cost of repair depending upon the extent of the damage caused by the Customer and the extent of the pre-existing damage on the Vehicle. The decision on assessing the cost shall be solely taken by the Owner and this decision shall be final and the Customer agrees to accept the same without any protest whatsoever.
2. LIMITATION OF LIABILITY:
In no event shall the Owner be liable to the Customer or any other person or entity for any special, consequential, incidental, indirect, exemplary or punitive damages, however caused, arising out of this Agreement.
3. DAMAGE LIABILITY
3.1 Not withstanding anything contained in this Agreement, in the event of any damage or accident caused to the Vehicle while in the possession of the Customer, the minimum damage cost liable to be paid by the Customer to the Owner shall be the sum total of: (i) the actual amount incurred by the Owner for repairs, restoration or rectification of the Vehicle to its old condition and (ii) the rental fee for the intervening days, when the Vehicle is in repair ("Minimum Damage Cost").
3.2 This Minimum Damage Cost payable by the Customer to the Owner shall not be in anyway linked to the insurance cover on the Vehicle or the process of insurance claim initiated on the Vehicle by the Owner or the insurance paid on the Vehicle or shall not be reduced pursuant to any insurance claims made or received by the Owner. It is hereby clarified that the Owner shall have the sole discretion to decide: (i) whether or not to initiate and pursue any insurance claim on the Vehicle; and (ii) the quantum of such insurance claim. Further, the Customer shall not have any right to request the Owner to make any insurance claims on the Vehicle. The rights of Owner to initiate and pursue any insurance claim shall be separate and independent of the payment obligations of the Customer under this Agreement. The damage assessment of the Owner shall be final in the matter and binding on the Customer and the Customer hereby agrees and undertakes that the Customer shall not dispute the assessment either directly or in any court of law and nor shall the Customer demand / request any breakup of the assessment or proof of the damage assessment / cost incurred by the Owner. The Customer also hereby agrees that the Customer shall not demand to repair the Vehicle at the Customer's own cost at a garage of the Customer's preference and the decision of Owner in this regard shall be final and binding on all Parties.
3.3 While the Owner shall provide insurance cover for theft, the Customer shall beresponsible for the difference between market value of the Vehicle and the amount received from the insurance company. In addition to the above, the Customer shall also be responsible to pay the Rental Fee towards the remaining tenure of the Rental Period or until such time the Owner's claim is successfully processed and paid by the insurance company, whichever is later. Upon the occurrence of theft of the Vehicle, in case the insurance claim is denied by the insurance company for any reason, the Customer shall be liable to immediately make good to the Owner the entire loss on the Vehicle value and revenue loss incurred by the Owner on the Vehicle for a period of [●] months from the date of theft of the Vehicle, as determined by the Owner.
Any notice given hereunder shall be in writing, in the English language, and shall be effective upon delivery to a party via courier, overnight delivery service, or certified mail at the address set forth herein or at such other address as may be designated in writing by a party hereto.
5. WAIVER AND AMENDMENT:
No waiver, amendment, or modification of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver, amendment, or modification is sought to be enforced. No failure or delay by either party in exercising any right, power, or remedy, except as is expressly provided herein, shall operate as a waiver of any such right, power, or remedy.
6. REPRESENTATIONS AND WARRANTIES:
6.1. The Owner represents and warrants to the Customer that:
(a) he/she has maintained the Vehicle to the manufacturer recommended standards and that the Vehicle is roadworthy and suitable for renting at the commencement of the Rental Period.
(b) he/she has the full right, power and authority to execute, deliver and perform this Agreement and the terms and conditions and obligations contained herein and upon execution, this Agreement would constitute legal, valid, and binding obligation on the Owner.
6.2. The Customer Represents and Warrants to the Owner that:
(a) He/She is fully competent and has the full right, power and authority to execute, deliver and perform this Agreement and the terms and conditions and obligations contained herein and upon execution, this Agreement would constitute legal, valid, and binding obligation on the Customer.
(b) the entry into and performance of this Agreement would not conflict or violate any applicable law, rule or decree, judgement or order of court of law as of the date hereof or any agreement or document to which the Customer is a party.
Not withstanding any insurance claim which the Owner may initiate or pursue, the Customer hereby undertakes that the Customer full indemnify and hold the Owner, its directors, employees, affiliates, associates, authorised representatives and agents (collectively, “Indemnified Persons”) harmless against all damage, expenses, losses, injury, claims, fines or penalties of whatsoever nature and howsoever arising including reasonable attorney’s fees which may be suffered by or instituted against or imposed on the Indemnified Persons in respect of or in connection with the or account of (i) use of the Vehicle, possession or enjoyment thereof by the Customer; (ii) breach of any covenants, representations or warranties or any terms and conditions contained in this Agreement; (iii) any action/omissions on the part of the Customer; and (iv) any accident caused to or by the Vehicle including any bodily injury or death resulting there from.
If the Customer defaults in any of the covenants, conditions or provisions of this Agreement, it is agreed that Owner may take possession of the Vehicle from the Customer at any time, at the sole discretion of the Owner.
9. OWNERSHIP AND TITLE
Ownership of and title to the Vehicles shall at all times remain vested in the Owner or its affiliate or associate as the case may be. Neither the Customer nor any person on claiming on the Customer’s behalf shall during the Rental Period or thereafter or upon any termination of the Agreement shall have any claim over the ownership or title of the Vehicle or be entitled to retain the possession, use or enjoyment of the Vehicle provided by the Owner.
The Customer shall not, by operation of law or otherwise, assign, transfer, sublicense or delegate this Agreement or any right accruing to the Customer hereunder without the prior written consent of the Owner. Any such prohibited assignment, transfer, sublicense or delegation may be disregarded and shall be void and of no effect. The Owner shall be free to assign, transfer, sublicense or delegate this Agreement and the rights arising out of this Agreement to any person at any time during the term of this Agreement.
11. RELATIONSHIP OF THE PARTIES:
The Parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency as between the Parties. Neither Party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior specific written consent and authority.
12. GOVERNING LAW AND JURISDICTION:
This Agreement shall be governed by and construed in accordance with the laws of India. The courts at Andhra Pradesh, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to any non-contractual obligations arising out of or in connection with this Agreement) and the parties submit to the exclusive jurisdiction of such courts.
13. DISPUTE RESOLUTION:
The Parties to this Agreement hereby agree that they intend to discharge their obligations in utmost good faith. The Parties therefore agree that they shall, at all times, act in good faith, and make all attempts to resolve all differences and disputes howsoever arising out of or in connection with this Agreement by discussion, failing which, by arbitration. Any differences and disputes that are not resolved by mutual negotiation within a period of one (1) month, after they have arisen, shall be referred to arbitration. The arbitration shall be referred to a single arbitrator mutually decided by the Parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be at Vijayawada, India, and the language of arbitration shall be English. The award by the arbitrator shall be final and binding on the Parties.
14. ENTIRE AGREEMENT:
This Agreement shall be read together with other agreements/documents entered into and executed between the Parties and the terms and conditions and other policies available at the website/url: www.journeywheels.in as updated from time to time. Provided however that in the event of any conflict between the provisions contained in this Agreement and the website, the provision contained in this Agreement shall prevail.
The provisions contained in Clauses 2 (Limitation of Liability) 6 (Representations & Warranties) 7 (Indemnity) 9 (Ownership and Title) 12(Governing Law and Jurisdiction) 13 (Dispute Resolution) and 4 (Notices) shall survive any expiry or termination of this Agreement.
Rental package does not include Fuel, Toll, road side assistance and Taxes
Lessee is responsible for any traffic violations incurred due to your use of a rented vehicle. 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. In the event of mechanical or technical failure, we will take care in towing the bike at our own cost
All our bikes have GPS tracking devices; we recommend that you follow speed guidelines – our team gets automated updates on the bikes that exceed speed limits.
The use of a Lessor’s vehicle under the following conditions is prohibited:
Our motorcycles cannot be used for rallies and rally surcharges or any format of professional or amateur competitions and media usage.
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.