CONDITIONS OF HIRE

 

The Rental Agreement is an agreement between the prospective hirer and the Company to rent the vehicle including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).

 

VEHICLE CONDITION AND RETURN

The vehicle is delivered to the hirer in good operating condition with the seal of the odometer unbroken. The hirer agrees to return the vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location and on the date specified (or sooner, if demanded by the Company) on the Rental Agreement. The Company may take possession of the vehicle without prior demand and at the hirers expense, if it is illegally parked, used in violation of the law or of the agreement or if it is apparently abandoned. If the seal of the odometer is broken the person responsible will be reported to the appropriate authority and the hirer is responsible for extra charges based on 500 kilometres per day at INR 40 per kilometre.

Note: The company must be notified and agree to any extension of the period of hire beyond that stated on the agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.

 

UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle

(a) A person who is not identified on the agreement or has not been identified in writing to the company or approved by the company in writing.

(b) A person who is not licensed for that class of vehicle.

(c) A person whose blood alcohol concentration exceeds the lawful percentage.

(d) A person who has given or for whom the hirer has given a false name, age, address or drivers license details.

(e) A person whose drivers license has been cancelled, endorsed or suspended within the last three years.

(f) A person who has held a drivers license for less than two years.

 

Circumstances in which and/or for which the vehicle must not be used:

(g) Outside the area of use limitations shown on the agreement.

(h) On unsealed roads or off road conditions unless authorised by the company in writing or the face of the ;agreement.

(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.

(j) To propel or tow any vehicle, trailer, boat or other object unless the company has authorised such use in writing.

(k) To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it was designed and constructed.

(l) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.

(m) In a dangerous manner.

(n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

 

FINANCIAL OBLIGATIONS

Special Note: Joint hirers and all drivers are jointly responsible under the agreement.

The hirer is responsible at all times and will pay the company by allowing and authorising the company to debit their credit card/deposit for the balance of the following charges:

(a) All rental charges specified on the agreement.

(b) All charges claimed from the company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the company.

(c) All loss or damage to the motor vehicle (including loss of use), third party damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where

(i) any condition of the agreement or any special condition on the agreement has been breached.

(ii) the vehicle is involved in a single vehicle accident unless the Company waives such loss to a single vehicle liability amount shown on the agreement.

(iii) the hirer has left the vehicle unlocked or left the keys in the vehicle.

(iv) the hirer has not kept the key secure.

(v) the underbody of the vehicle is damaged regardless of cause when no other vehicle is involved.

(vi) the vehicle is totally or partially immersed in water regardless of cause.

(vii) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved.

(viii) the tyres of the vehicle are damaged other than by normal wear.

(ix) the vehicle is damaged by driving it under or into an object lower than the height of the vehicle.

(x) the hirer has tailed to maintain all fluid and fuel levels or failed to immediately rectify or report, to the company any defect of which the hirer becomes aware

(xi) the vehicle is damaged by loading or unloading, other than normal wear

(xii) the hirer fails to secure properly any load or equipment which leads to loss caused by any part of said load or equipment

Special note: If the hirer has paid by use of a credit card or directed the company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, the hirer will immediately pay the full amount due to the company on demand.

 

DAMAGE COVER

If the hirer acts within the terms and conditions of this agreement the company may grant damage cover (including legal costs incurred with the companys consent) for hirers benefit in respect of damages to the vehicle or third party damage other than any property owned by the hirer (or any friend, relative, associate or passenger) or in the hirers physical or legal control. This cover is subject to:

(a) hirers payment of the damage/loss liability charge stated on the agreement.

(b) hirer not having acted or having caused any other person to have acted in any manner which is in contravention of the agreement including the special conditions .

(c) hirer not being covered under any policy of insurance.

(d) hirer providing such information and assistance as may be requested and, if necessary, authorising the companyinsurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.

 

GENERAL PROVISIONS

(a) Hirer will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under the agreement to the company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss.

Compliance with this sub-paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.

(b) Hirer releases and holds harmless the company (and its agents and employees) from all claims for loss or damages to their personal property, or that of any other person left in the vehicle, which is received handled or stored by the company at any time before, during or after this rental period, whether due to the companys negligence or otherwise.

(c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.

(d) The company gives no express or implied warranty as to any matter whatsoever including without limitation the condition of the vehicle and equipment, its merchantibility or fitness for any particular purpose.

(e) No right of the company under this agreement may be waived except in writing by an officer of the company.

(f) Words used in the agreement to denote any gender shall include all genders, singular words include the plural, and noted on the agreement.

 

FUEL

The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless priorarrangements have been made and noted on the Rental Agreement.

 

EARLY RETURNS

There will be no refunds given for the early return of rental vehicles .

 

LATE RETURN CHARGE

If vehicle is not returned on time allocated or unless notified, there will be a INR 1000 fee added to the rental per day plus 1/3rd of daily rate per hour or part thereof.

 

INSURANCE

Each vehicle rented carries comprehensive insurance. There is however a personal liability with each rental vehicle. This financial liability varies from state to state.