This User “Lease Agreement” is entered into, and becomes effective from the date of booking and will remain in effect until the conclusion of the lease period or its termination, between:
The “ Lessor “ (includes any person or body corporate with the legal capacity to enter into the contract and includes their heirs, executors, administrators, and assigns) of the FIRST PART.
AND
The “ Lessee “ (includes any person or body corporate with the legal capacity to enter into the contract and includes their heirs, executors, administrators, and assigns) of the SECOND PART;
This Lease agreement establishes and outlines the terms and conditions for the lease of a specified number of Vehicle/s as described.
The Lease agreement pertains to the lease of the Vehicle by the Lessee and encompasses the associated rights and entitlements.
The duration of this lease deed shall commence from the date of booking and, subject to the minimum term, will persist until the end of the lease period or until it is terminated.
The lessee shall read and accept the terms and conditions, either through electronic or physical means, prior to entering into the agreement. The lessor acknowledges that the terms and conditions mentioned herein constitute a general offer, and by delivering the vehicle, the lessor signifies their acceptance and performance of the agreed terms, unless they are amended or altered.
In accordance with the terms and conditions of this lease deed, the lessor hereby agrees to lease the vehicle/s.
NOW THEREFORE, in consideration of the mutual promises and agreements outlined in this agreement, both the Lessor and Lessee hereby acknowledge their sufficiency. Unless otherwise
stipulated in the Agreement, it is affirmed that no right, title, or interest in the Vehicle shall be transferred to the lessee by virtue of this agreement or any other means. Throughout the duration of the Agreement, the lessee shall not have any entitlement to claim ownership of the Vehicle or question the lessor's ownership, right, title, and interest in the Vehicle. The lessee acknowledges the lessor's independent and unquestioned right, title, or interest in the Vehicle, including the ability to lease, mortgage, hypothecate, or sell the Vehicle.
Words denoting any gender shall encompass all genders, and terms referring to individuals or persons shall include both natural and legal persons, such as companies, and vice versa.
Words in the singular form shall include the plural form and vice versa, depending on the context.
Unless the context otherwise provides, words and expressions in the following agreement shall have the meanings attributed to them below:
The Lease Period shall commence from the date of commencement and shall end at the conclusion of the Lease Period, including any extensions.
In the event that the lessee chooses to cancel the booking request after the confirmation of the booking, any charges paid by the lessee may be forfeited at the lessor’s discretion.
At the time of taking possession of the vehicle:
The lessee agrees to pick up the vehicle only from the designated locations. In case of custom/home delivery, the specified place must be mutually agreed upon and subject to payment of additional charges.
The lessee shall present the original driving license and other necessary documents to the lessor or their representative for security and verification
purposes. Upon request, the lessee shall provide, a scanned copy, or an image, or photocopy of such documents to the lessor and/or their representatives.
The lessee shall cooperate in having a photograph taken with the Vehicle for safety and record-keeping purposes.
The lessee shall thoroughly inspect and record a video proof at the time of taking possession and must return it in the same condition. In the event of any damages or complaints, the lessee agrees to submit or produce such a video to resolve such issues.
The lessee will check the fuel/battery level of the Vehicle and agrees to return it at the same level. In the case of any deficit, the lessee shall pay the charges for the same, including any refuelling charges and must ensure it is enough to reach the charging station. If it is not sufficient, the lessee must pay all such incidental or consequential charges, such as towing.
The lessor shall have the right to inspect the Vehicle at intervals deemed appropriate, and the lessee shall not object to such inspections.
Upon the expiration of the Lease Period, the parties may agree to extend the Lease Period for an Additional Time Period on terms prescribed by the lessor. If the lessee wishes to extend the Lease Period, they must submit a request before the end of the current lease period. However, the lessor retains absolute discretion to reject such a request.
Notwithstanding the Lease Period, the lessor reserves the right to terminate the Lease Period by written communication if the lessee:
Violates any terms and conditions outlined in this document.
Attempts to transfer, sell, charge, or dispose of the Vehicle in any manner, or part with its possession or any part thereof, without authorization.
Engages in any activity that, in the lessor's judgment, may cause harm or for any other reason that the lessor deems appropriate at its discretion.
The lessee shall inspect the vehicle before returning it to check for any personal belongings and shall be solely responsible for any losses. The lessor undertakes, to the best of their ability, to inform the lessee about any discovered belongings in the vehicle.
The lessee shall return the vehicle in the same condition as received, including all accessories, warranties, documents, registration certificate, insurance policy, keys, etc. Failure to do so will result in charges and penalties as determined by the lessor.
In the event that the lessee fails to return the vehicle, the lessor reserves the unconditional right to consider the vehicle lost or stolen and may take necessary legal action. The lessor is authorized to repossess the vehicle at the lessee's cost and expenses, wherever it may be found and whoever may be in possession of it, without any prior notice or reference.
The lessee is required to return the vehicle to the designated location on the specified date and time as stated in the booking confirmation details. If the lessee wishes to return the vehicle to a different location, it can only be done with prior approval from the lessor and after payment of any applicable charges.
The lessee indemnifies and holds the lessor, the Company, and its officers, employees, agents, and affiliates (Indemnified Person) harmless from any claims related to the vehicle and/or its repossession. The lessee agrees to irrevocably and unconditionally indemnify the Indemnified Person against any costs, losses, or liabilities incurred by the lessor arising from any third-party claims made against the Company regarding the vehicle and/or its repossession.
In the event of cancellation/modifications by the lessee, a fee will be applied based on the fee policy.
For any modifications or changes to the lease agreement, including the lease period, vehicle model, or any other relevant details, the lessee can do so only with the prior approval of lessor.
The lessor reserves the right to accept or reject any modification requests based on availability, feasibility, or any other relevant factors.
In case of approved modifications, the lessee may be required to pay additional fees, charges, or adjust the lease rental amount based on the revised terms and conditions.
The lessor reserves the right to cancel or modify the reservation in case of unforeseen circumstances, such as vehicle unavailability or external factors beyond the lessor's control.
In such cases, the lessor will make reasonable efforts to provide an alternative solution, such as offering a different vehicle or adjusting the lease period.
If an alternative solution cannot be arranged or if the lessee does not accept the proposed changes, a full refund will be provided.
If the lessee terminates the lease agreement before the agreed-upon end date, the lessee may be responsible for an early termination fee based on the “cancellation fee” policy.
The early termination fee may be based on factors such as remaining lease duration, administrative costs, and potential loss incurred by the lessor.
The lessee shall pay the Lease rental and/or any applicable fees for the use of vehicle, calculated based on the duration of the lease period as specified in the agreement.
The payment shall be made in the currency specified and can be done through the approved payment methods accepted by the lessor prior to the start of the lease period.
The lessee shall provide a security deposit as a guarantee for excess mileage, damages, fines, or other liabilities incurred during the lease period.
In case of long-term lease, the lessee shall make advance monthly payments to the lessor on or before the due date during the lease term. Upon the conclusion of the lease period, the lessee shall return the vehicle to the designated drop-off location in the same condition as received, subject to normal wear and tear. Any additional charges, such as for excess mileage or damages beyond normal wear and tear, may be deducted from the security deposit.
In the event of late payment, the lessee shall be responsible for a late fee as determined by the lessor, which may be up to 10% of the lease rent for each day of delay.
Cancellation made over 24 hours prior to the scheduled pick-up time: A processing fee of Rs. 1000 and applicable taxes will be charged.
No-show or Cancellation made within 24 hours of the scheduled pick-up time: A cancellation fee equivalent to 100% of one day's lease rental will be charged, exclusive of all promotions or discounts offered.
For example, If the scheduled pick-up time is January 10th at 2:00 PM, and the lessee cancels before January 9th at 2:00 PM, a processing fee of Rs. 1000 and applicable taxes will be charged. If the scheduled pick-up time is January 10th at 2:00 PM, and the lessee fails to show up or cancels any time after January 9th at 2:00 PM, a cancellation fee equivalent to 100% of one day's lease rental will be charged, exclusive of all promotions or discounts offered.
Cancellation made 7 days or more prior to the scheduled pick-up date: A cancellation fee of 10% of one month's lease rental will be charged, exclusive of all promotions or discounts offered.
No-show or cancellation made within 7 days of the scheduled pick-up date: A cancellation fee equivalent to 50% of one month's lease rental will be charged, exclusive of all promotions or discounts offered.
For Example, If the scheduled pick-up date is January 10th and the lessee cancels on or before January 3rd, a cancellation fee of 10% of one month's lease rental will be charged. If the scheduled pick-up date is January 10th and the lessee cancels on or after January 4th, a cancellation fee of 50% of one month's lease rental will be charged.
The lessor will try to make every effort to accommodate modification request but such is completely dependent on multiple factors such as availability, feasibility, and compliance with the terms and conditions of the lease agreement.
Any time prior to the scheduled pick-up time: A processing fee of Rs. 1000 will be charged and applicable taxes, along with any fare difference resulting from the modification like vehicle class, leasing duration, or special pricing. (Such modifications in lease period are allowed only 7-day before or after the scheduled pick-up date.)
Any time prior to the scheduled pick-up date: A modification fee of 10% of the monthly lease rental will be charged, along with any fare difference resulting from the modification like vehicle class, leasing duration, or special pricing. (Such
modifications in lease period are allowed only 15-day before or after the scheduled pick-up date.)
The security deposit will be refunded to the lessee within 7 working days provided the vehicle is returned in the same condition as received.
After applicable deductions in the event of cancellation, early termination, or modification resulting in an excess payment received by the lessor in the form of lease rental or security deposit, the lessee will receive a refund of the additional amount within 7 working days.
In case of a shortfall resulting from cancellation or early termination or modification, the lessor reserves the right to claim the outstanding amount from the lessee.
The lessee acknowledges and confirms that he has read and understood the terms and conditions outlined in this document regarding the usage of the vehicle. The lessee agrees to strictly adhere to these terms and conditions throughout the lease period or in the case of cancellation. The lessee shall:
Use the vehicle in accordance with the manufacturer's prescribed procedures and in compliance with applicable laws.
Possess a valid driving license.
Operate the vehicle personally and not allow anyone else to drive it, unless that person is added as a co-driver or additional driver with the necessary documents.
Not engage is using or allowing the use of the vehicle for any illegal or unlawful purposes.
Obtain prior written permission from the lessor before driving the vehicle outside the geographical limits of the state, and under no circumstances take the vehicle outside India.
Not use the vehicle for any commercial purposes, including but not limited to hiring, rewarding, renting, or promotional activities.
Not utilize the vehicle for testing or experimentation or research & development for any purpose commercial or otherwise,
Not make any additions, alterations, repairs, or replacements to the vehicle or its parts and accessories.
Not tamper with or damage the odometer, battery, or any other fitted accessories, and be solely liable for any additional costs or penalties resulting from such actions.
Not exceed the permissible limit of passengers while using the vehicle.
Not transport passengers or goods for any form of consideration or reward, whether expressed or implied.
Not embark on a road trip specifically for rewards, awards, or personal recognition, whether self-motivated or sponsored without the written approval of the lessor.
Not engage in motorsport events including but not limited to racing, rallying, driving lessons, speed testing, or any other similar activities that may cause damage to the vehicle.
Not transport any type of animals in the vehicle.
Not carry or allow others to carry any contraband, hazardous or inflammable material, firearms, or any prohibited articles under any Indian laws.
Not use the vehicle to propel or tow any other vehicle or trailer.
Not exceed the permissible speed limit while driving.
Not drive or allow others to drive the vehicle while under the influence of alcohol or drugs, or while suffering from any disease or disability that may impair driving ability or pose a danger to the lessee, the public, or the vehicle.
Not engage in any act or omission that could adversely affect the vehicle's insurance coverage.
Follow the manufacturer's manual instructions for the proper use of the vehicle. In the event of any problem that hinders the vehicle's use or compromises safety, the lessee will immediately notify the lessor and follow provided instructions.
Take sole responsibility for the payment of tolls, road/parking charges, and interstate permit charges, as applicable. The lessee agrees to adjust the deducted amount from the security deposit in case it is deducted through the “FASTag” system.
Not leave or abandon the vehicle in any situation, including breakdowns, until assistance is provided or alternative arrangements are made by the lessor.
The Lessor/Lessee hereby represents and warrants that:
Either party has the full legal right, capacity, power, and authority to enter into and execute this Agreement, be contractually bound by and comply with all rights and obligations contracted under this Agreement.
Either party hereby undertakes to abide by all the laws, rules, regulations, directions, etc. in relation to the Vehicle and motor vehicles in general. If due to any non-compliance with any such laws, rules, regulations, directions, etc., any authority temporarily or permanently seizes or takes over the Vehicle and imposes
any type of cost/charge/expense, including fines, charges incurred/to be incurred in relation to the Vehicle, all such shall be borne by the defaulting party.
The Lessor is the lawful and registered owner of the Vehicle. The Lessee acknowledges that he is above 20 years of age at the time of the physical handing over of the Vehicle. He also confirms that he possesses an original driving license and an additional government-issued identity card throughout the lease period.
The Lessor, as the owner of the Vehicle, shall maintain a comprehensive insurance policy at all times. He also ensures the timely servicing and maintenance of the vehicle before the start of the lease period and when the vehicle is with the Lessee, as soon as the Lessee intimates the Lessor.
The Lessor shall provide roadside assistance to the Lessee and will assist to the best of his capacity in case of a breakdown. The Lessor is free to charge the Lessee or adjust the amount from the security deposit at the time of refund if such service is not the part of booking. However, if any breakdown or assistance is required due to the Lessee's rash or negligent usage of the vehicle, the Lessee is liable to pay for such incidental or consequential charges.
The Lessee shall deliver or hand over the vehicle to the Lessor as and when necessary to comply with the timely servicing and maintenance of the vehicle. In such cases, no replacement vehicle will be provided. The Lessee understands that it is part of the lease period and important for his safety and security.
The Lessee shall not interfere or tamper with any GPS or other fitted devices installed for the safety of the vehicle.
The Lessee accepts all the risks associated with the lease, which might be occasioned due to his fault, intentional or otherwise. It will include anything that is incidental or circumstantial to the provision of the Vehicle on a self-drive basis. The indemnified person shall not be liable for any loss, damage, costs, charges, or
expenses whatsoever that may be caused or occasioned, unless otherwise mentioned in this document.
If the Lessee has taken any Insurance Cover on his own or if any provided by the Lessor as an option in consideration of a premium, he understands and acknowledges that the Lessor shall not be responsible for any claims, and that constitutes a separate agreement between him and the insurer.
If a third party lays claim to or detains the Vehicle or otherwise takes any action in respect to the Vehicle, the Lessee shall take immediate action to ensure that the Vehicle is released from such detention and shall also communicate this to the lessor.
There is no action, investigation, or other proceedings of any nature whatsoever, by any governmental authority or third party against either party, which would restrain, prohibit, or otherwise challenge the lease of the Vehicle as contemplated by this Agreement.
During the lease period and until the vehicle is returned in the same condition as received, the lessee agrees and acknowledges the following:
The lessee shall be solely responsible for any traffic violations incurred due to the inappropriate use of the vehicle or the violation of any provisions of applicable law. This includes, but is not limited to, unauthorized parking, excessive speeding, disregarding red light signals, photo enforcement, and toll violations (“Traffic Violations”). The lessee shall bear sole liability for all costs, charges, expenses, penalties, and fines imposed due to any Traffic Violations during the lease period as may be levied by the respective regulatory authority.
The lessee shall notify any traffic violations to the lessor or his representative as soon as possible but not later than 24 hours of such violation. If the lessee fails to notify
within 24 hours, he shall be responsible for any additional liability or costs incurred as a result of the delayed disclosure.
The lessee shall notify the lessor of any pending traffic violations notices found on the vehicle at the time of pick-up.
The lessee shall indemnify and keep indemnified the lessor and indemnified persons from and against any loss, claim, action, or proceeding that may be suffered or incurred as a result of any such offense or violation by the lessee or any person using the vehicle on their behalf.
All indemnities contained in this document shall survive the termination of the vehicle lease under this document or insofar as they pertain to events/occurrences that transpired during the lease period.
The lessor shall ensure comprehensive insurance coverage for the vehicle, including third-party insurance, throughout the lease period.
In the event of any damage, accident, or loss to the vehicle and/or its accessories, including but not limited to accidents, theft, fire, explosion, self-ignition, lightning, burglary, riot, earthquake, flood, hurricane, storm, tempest, cyclone, frost, malicious acts, or terrorist activities, the lessee must immediately notify the lessor using the prescribed mode of communication. The lessee must confirm such damage or loss in writing within 4 hours after the occurrence of the event causing the loss and/or damage to the vehicle. If the lessee fails to notify within 4 hours, he shall be responsible for any additional liability or costs incurred as a result of the delayed disclosure.
The lessee acknowledges and accepts that electric vehicles have specific restrictions imposed for the safety of the public and the vehicle itself. Consequently, the lessee must strictly refrain from undertaking any unauthorized repairs, testing, experiments (both interior and exterior), or engaging in research and development activities, whether for
commercial or other purposes. The lessee also recognizes that participating in such activities can result in the cancellation of the vehicle's insurance coverage and warranty, as stipulated by the relevant authorities. In the event that any person sustains loss or damage due to the lessee's engagement in such activities, the lessee assumes absolute liability and is also liable to compensate the lessor for the difference between the actual value of the vehicle, based on standard calculations at the time of the incident, and the settled insurance value.
The lessee undertakes to facilitate the settlement of all damage cases by providing relevant information and taking necessary steps.
Notwithstanding the aforementioned points, the lessee shall be held liable to indemnify the lessor and “indemnified person” for any loss, damages, or costs incurred if an insurance claim is rejected by the insurance company due to the following reasons:
Breach of any part of this agreement.
Violation of any laws or rules, including but not limited to traffic rules, the motor vehicle act, taxation regulations (e.g., inter-city tax), and others.
Committing misrepresentation, fraud, or mistakes with any essential documents required for the insurance claim.
Over-speeding by the person driving the vehicle.
Allowing anyone other than the co-driver to drive the vehicle.
The person driving the vehicle at the time of the accident not possessing a valid license.
The person driving the vehicle at the time of the accident being a minor.
The person driving the vehicle at the time of the accident being under the influence of alcohol, drugs, or any other toxic/narcotic or psychotropic substance.
Wilful actions and/or the result of reckless and negligent driving or any other negligent/malicious act.
The claim being inadmissible according to the terms and conditions of the insurance policy.
The lessee assumes full responsibility for implementing safety measures and precautions to prevent any damage, accidents, or criminal activities involving the vehicle. In the event that the vehicle is detained, seized, or impounded by any authority or individual due to such reasons, the lessee is responsible for arranging the release of the vehicle and covering all associated expenses. Subject to the insurance clause in this agreement, the lessee assumes sole liability in the following scenarios:
The maximum liability in the event of damages depends on the vehicle and the corresponding amount specified below for each variant. If the repair cost for such damages falls below the specified threshold, the lessee shall be responsible for the actual charges incurred for the repairs. However, if the repair charges exceed the mentioned amount, the lessee will be liable to pay the specified amount towards damages and downtime losses/opportunity cost.
|
Vehicle details |
Liability |
|
Citroen eC3, Tata Tigor EV, Tata Nexon EV, Tata Nexon EV Max, Mahindra XUV400.(similar variant) |
Rs. 10,000 |
|
Hyundai Kona, MG ZS EV(similar variant) |
Rs. 15,000 |
|
BYD E6, BYD Atto3(similar variant) |
Rs. 20,000 |
|
Hyundai IONIQ 5, Volvo XC40 Recharge(similar variant) |
Rs. 40,000 |
In the event that the vehicle is damaged, destroyed, or stolen, regardless of the cause or circumstances.
The lessee accepts all other risks and liabilities, including personal injury, death, and property damage, arising from the use of the vehicle in any manner.
The lessee agrees and acknowledges that, under no circumstances, shall the lessor be held liable to the lessee or any third party for:
Any loss or damage suffered by the lessee or any third party arising from the aforementioned events or risks, regardless of the cause or circumstances.
Indirect, incidental, special, or consequential damages arising from or related to the lessee's use of the vehicle or the use of the vehicle by their co-passengers or family members.
In the event of damage, accident, or theft of the vehicle or any of its parts and/or accessories, the lessee agrees to the following:
The lessee shall promptly notify the lessor in writing, providing all necessary details regarding the damage, accident, or theft.
The lessee shall fully cooperate with the lessor in reporting the incident to the nearest police station and obtain a copy of the First Information Report (FIR). The lessee shall furnish the following details to the lessor:
Date, time, and location of the accident.
An Actual description of the accident
The names, license plate numbers, and other identification details of all the vehicles and persons involved in the incident.
A police report is necessary regardless of liability or fault. The lessee must ensure that their written complaint to the police accurately reflects the actual facts without any discrepancies, inconsistencies, or distortions. Any loss incurred by the lessor due to a discrepant, inconsistent, or distorted complaint provided by the lessee will be the responsibility of the lessee.
In the case of damage or accident, after filing the FIR and notifying the lessor, the lessee should follow the lessor's instructions carefully.
In the event of the following situations:
An accident or damage that necessitates repairs or restoration of the vehicle to its original condition prior to the incident, and if the insurance claim is rejected by the insurance company for any reason, the lessee shall be responsible for paying the entire cost of repairs and restoration as determined by the lessor.
Theft, accident, or damage resulting in the complete destruction or loss of the vehicle, the lessee shall be liable to compensate the lessor for the difference between the actual value of the vehicle, calculated based on standard assessment at the time of the incident, and the insurance settled value.
The Company must ensure the protection of rights of both parties to the fullest extent. Similarly, the parties have a responsibility to protect the rights of the Company and its representatives and should refrain from taking any adverse actions.
In the event of circumstances beyond the reasonable control of either party(i.e., “Force Majeure” event), that impede the performance of this agreement, including but not limited to acts of God, insurrection, government-imposed restraints, acts of legislative or other authorities, war, natural disasters, hostilities or terrorist activities, acts of the public enemy, civil commotion, sabotage, explosions, epidemics, quarantine restrictions, strikes, lockouts, power/electricity shortage/failure, or any unforeseeable or unavoidable events, that affect a party's ability to fulfil its obligations as outlined in this agreement. Neither party shall be held responsible for any such events that impede the performance of this agreement, the parties shall negotiate in a fair and reasonable manner to resolve any issues arising from such an event. This clause shall not excuse or delay the performance of any obligations that are unaffected by such event. However, it should be noted that non-payment of amounts due from a party under this agreement, for any reason, shall not be considered an event of force majeure.
In the event of any dispute between the parties during the existence or after the termination of this agreement, relating to the validity, interpretation, implementation, or alleged breach of any provision of the agreement, or any other question arising, including the legitimacy of the termination of this agreement, the parties shall make reasonable efforts to resolve such dispute amicably. If amicable resolution is not possible, the jurisdiction for resolving such dispute shall be with the district courts of Raipur,(C.G.) India. This agreement shall be governed by and construed and interpreted in accordance with the laws of India.
This agreement shall not be construed as creating an association, partnership, joint venture, or corporation between the parties, nor does it impose any corporate obligations or liabilities on either party. Neither party has the right, power, or authority to sign any agreement, bind, or act on behalf of the other party as a representative or agent, unless expressly specified otherwise in this agreement.
If any term or provision of this agreement is declared invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain unaffected and in full force and effect.