Please Read once below agreement to proceed ...
1. This Agreement is made and entered in the above mentioned date. Between Chennai Motorcycle Rentals hereinafter called "Owner", and the one who hires vehicle hereinafter called "Renter".
2. The details of the vehicle which the Owner hereby agrees to rent are as mentioned above.
3. The Owner represents that to the best of his knowledge and belief that said vehicle is in sound and safe condition and free of any known faults or defects which would affect it’s safe operation under normal use. It is the responsibility of the hirer to test rides it before hiring and hires the bike only if he is satisfied. After hiring if he has any problem with the bike then it is not to be considered to be negligence by owner but to be considered as the problem that could not have been foreseen both by the owner and the hirer.
4. The Renter Agrees
a. Booking is taken only if entire rental is paid in advance. In case of cancellation half of the booking amount is deducted. In case of change of date, the rental for a day is charged and the booking amount is held for the further booking on newly agreed date depending upon the availability. Incase the bike is not available on newly requested date half of the booking amount is deducted and remaining half is handed over to the hirer.If hirer has paid only a part amount which is less than half the rental, the entire amount paid will be deducted.
b. Motorcycles are rented for local city use unless otherwise agreed.
c. Outstation Use: All inter-state taxes, permit fee and any other levies will be paid by the renter. Service Tax/VAT will be as applicable. Any other taxes levied by the govt. will be charged extra.
d. Authorised Drivers: The vehicle may be driven only by an Authorised Driver. An Authorised Driver is you and any additional person who appears at the time of rental and signs this Agreement. All Authorised Drivers warrant that they satisfy the age requirements, have a valid driver's licence and fulfil our other qualifications mentioned below.
e. Cost of fuel/engine oil is to be borne by the renter and is not included in the rental rates. The motorcycle will be supplied with decent enough petrol to reach the nearest petrol station and is to be returned with the same quantity of fuel.
5. In case of accident /Damages/ Break down/ Theft:
a. Any accident involving drunk and driving, driving without valid driver's license, road rage or any traffic rule violation is full responsibility of the hirer. Our company or employees are no way can be held responsible for such a mishap.
b. The condition of the vehicle cannot be blamed for any accident or theft. It is the responsibility of the hirer to check the vehicle at the time of hiring and have the problem fixed (if any) or replaced with a good vehicle.
c. In case of any accident or break down we don't cover the towing or transportation charges from the spot to our office. The hirer pays for that or any other cost involving including Medical Expenses.
d. The vehicle must never be removed from place of accident until police report has been completed and the Company has been notified.
e. In case of any accident you must immediately contact the nearest police station and make an FIR/accident report.
f. If you do not report accident to the police and do not comply with the requirements under the laws of India, insurance may become invalid & you could be liable for legal proceedings under the laws of India and pay for the entire damages including transportation of bike from the spot to the service center.
g. In case of other damages to the vehicle, the above procedure should also be followed. If the vehicle is damaged while parked, you have to report the damage to the Company and this may result in a charge to the client and that is you.
h. It is mandatory for the renter to file a police report in case of theft and to turn this document in to the Company.
i. Any unnoticed accident or damage to the vehicle may be interpreted as negligence. This may result in a charge to the client.
j. In case of Accident or Theft the renter bears the cost of retrieving the vehicle from RTO, Police Station, Court or any other competent authority and also the cost of restoring the vehicle in its original condition. The renter also agrees to pay the rental for the entire period lost in retrieving and restoring the vehicle. The amount is to be paid in full and immediate.
k. If there are any minor damages such as scratches, broken parts, dent or bent for which insurance cannot be claimed the hirer pays the entire amount. If there is minor or major scratch on the bike please understand we may not be able to remove it or hide it with a sticker. In that case we will charge you for the replacement or repainting the entire part.
l. To check the rates of such spare parts the hirer may call the near by authorised dealer. We don't accept any local made duplicate or used spare parts.
m. We may not able to wait till the time we know the status of the insurance claims. The hirer has to pay the entire amount for the damages at the time of handing over the bike. And he may collect the amount sanctioned by the insurance company once we receive the cheque. Usually it takes weeks or months to receive such claims.
n. If the insurance claim is rejected on any technical grounds or non submission of documents by the hirer or the hirer failing to be present at the police station, insurance office, RTO or any other place when required the entire loss is to be paid by the hirer.
o. All vehicles are provided with proper locks. It is the responsibility of the renter to apply all the locks provided and park the vehicles safely even it is just for a couple of minutes. In case of theft the amount equivalent to the current market value of the vehicle has to be paid in full by the renter. The company pays them back the insurance amount once it is sanctioned. But it may take several weeks and the amount will always be less than the amount collected from the hirer. Please understand that insurance can be successfully claimed only if all the procedures are followed and all the relevant documents are submitted on time. If the insurance becomes invalid because of the hirer, then hirer pays the entire amount.
p. The renter shall ensure that in case of accidents/legal cases, he/she will make himself/ herself available for settlement of such cases. In case of an accident the renter agrees to take the responsibility of any injury/suffering/death caused either to himself or any other person and the renter agrees to keep the Company, its directors and employees indemni?ed against all consequences, claims and demands that may arise due to the accident.
q. We give the bikes in good condition. It is the responsibility of the hirer to check the bike at the time of the hiring. We cannot be held responsible for any breakdowns. In case of a breakdown during a road trip, It is the responsibility of the hirer to find the right mechanic, take the vehicle to the mechanic shed, find spares and fix the bike properly. We cannot be held responsible for the time lost or any other inconvenience caused. The hirer has to take care of all the expenses unless or otherwise agreed.
r. All motorcycles carry comprehensive insurance. All claims to be settled as per India insurance laws. The renter also undertakes to fill and sign the Company's Accident Reporting form as applicable.
6. Helmet: Please wear a good quality ISI marked helmet and do strap it. We hire helmet for Rs. 100/- flat for the entire period of rental. In case of Visor is broken we charge Rs.150 / Rs.300. The amount you are paying If the helmet is damaged or lost we charge Rs. 1000. We don't buy the argument that the helmet was used and is not worth Rs.1000. We don't accept another similar used helmet or helmet to be fixed by you.
7. Very important: Changing engine oil at the Right Time:
It is important to change the engine oil at the right time. You should change the engine oil of your bike and there after every 1000km. Upon request we will send the mechanic to your location for the change of engine oil for free (Only for within Chennai city usage). Pl handover the bike to us for few hours every 1000km for a free service. In case of any engine oil leakage pl either fix it immediately or inform us to be fixed. If the speedometer is not working please fix it immediately so that you may not miss the engine oil change when required. Failing to do so may cause major engine damages and you may be liable to damages ranging anywhere between Rs.6000 to Rs.150000 depending upon the model of the bike. Even after engine seizure sometimes engine seems to be working fine but you may notice a lot of smoke out of exhaust pipe. Whatever may be the reason, the hirer pays for the damages, mostly invisible, starting from Rs.6000 incase of failure of changing engine oil at the right km reading or ignoring leakage of engine oil. Incase of a Road trip the hirer has to ensure the engine oil level throughout the trip. It is advisable to check the engine oil level every single day before starting the trip. And change Engine oil every 1000km. Always opt for Branded Engine oil & right grade. Incase of Engine oil leakage it is the responsibility of the hirer to fix the leakage asap. We will check the engine condition again before receiving the bike. If we sense any engine damages the hirer has to pay for the entire damages which are usually very costly to be fixed.
8. There is a limit of 100km a day exceeding Rs. 5 per km for all kind of two wheelers (except Harley Davidson and super bikes) and Rs.20 per km for Harley Davidson. and other higher end motorcycles.
a. We are open from 8.00 am to 8.00 pm – 7 days a week. We are open even on National Holidays & Festivals.
b. Bikes are delivered and picked up from any place of your convenience for Rs.150 one way (within City). Rs.200 one way between 20km – 40km and Rs.250 one way between 40km – 60km from our office. To avail delivery and pickup service beyond 60km contact us.
c. Bike will be delivered within 1 to 3 hours from the time of request. Pl call us 4 hours in advance to have the bike picked up. (before 6 pm). Request beyond 6 pm will not be entertained as it takes time to commute from our office to the pickup point via Bus or Train.
d. In case of Pickup, hirer is expected to call before 20th hour. Pl don't request pickup at the 24th hour. Failing to request a pickup either by 6pm or 4 hours before the time to return the bike, hirer is expected to pay the extra day's rental.
e. You should hand over the bike bet 8am to 8pm. No bike will be received beyond that time regardless of the reason. Let it be the traffic, getting lost and couldn't locate our office, accident, medical reason, hirer was delivered the bike late in the night etc.
10.Point of Contact:
All pickup and delivery requests or any issues are to made either by visiting our office or calling office at +914443510020 or Vicky at +919952100400 or at +919840563179. Pl don't inform the delivery boys incase if you have any issues or in need of pickup or delivery. They may be on leave, no more working for us or may not bother to inform us. So please make sure you call only these numbers. Please don't give a pickup date or time to the delivery boy at the time of delivery of the bike. Again call only the above mentioned number for anything and everything.
11. Pl keep the photocopies of Registration and Insurance with the bike itself. Pl don't keep it in your bag or with you. Hirer will be charged Rs.100 failing to return the documents with the bike.
12. 1 day of rental is strictly 24 hours. Even one or two hours more will be considered as the second day. There is no 1.5 days. Its either 1 day or 2 days.
13. Pl don't ask us to waive off rental for the remaining petrol in the bike at the time of returning. We will not waive off the rental even if the tank is full. All you may expect from us is a smile and Thanks for the petrol. And don't take petrol from the bike once you enter our office to return the bike or after our employee reaches your place for bike pickup and make us wait.
14. The hirer is expected to bring the rental form (filled at the time of hiring) at the time of returning the bike.
15. We cover all kind of major and minor repair costs and Maintenance costs (only for within city usage). We don't cover damages caused to rash driving, accident and negligence. We don't cover the maintenance costs if you have hired the bike for a road trip package in which you have to cover the maintenance. On road trips the engine oil cost is to be borne by the hirer.
16. If there are any mechanical problems with the bike (hired for usage within chennai) hirer may either visit our shop and fix it free of cost or may fix it with a nearby mechanic and retain the receipt. We will reimburse the amount at the time of returning the bike. In case hirer requests for replacement of bike, it may take 4 hours to do so depending upon the availability. We won't be able to replace bike or assist you in anyway if you are on a road trip or 25 km from our shop at Kodambakkam. And you need to pay for the repair cost, all kind of spare parts and any other expenses you may have incurred while on a road trip. In case of a breakdown or accident during a road trip, it is the responsibility of the hirer to bring the bike till our office. You will be charged if you request us a pick up service.
18. Pl don't abuse the bike. In case of riding the bike constantly at high speeds, riding on uneven roads at high speeds, carrying heavy luggage or riding more than 2 persons, applying clutch constantly rider, or resting foot on the brake lever, while Riding, not taking breaks so that engine may cool down during road trips may cause severe engine and other mechanical damages to the bike. We take abuse of bikes very seriously. And we make sure that those hirers pay for all such damages.
19. The hirer is expected to take good care of the bike and wipe it off clean and maintain in good condition.
* Bikes are subject to availability.
L = LOCAL USUAGE (WITHIN CHENNAI) R= ROADTRIP
20. Incase the rental period is extended or shortened the rental will be charged as per the above mentioned rates as against previously agreed rates.
21. If the bikes are ridden for more than 100km a day (even if the bikes are used within City)we will consider it to be a road trip and road trip charges will be applicable.
22. Pl bring atleast 3 different original id cards such as Passport, Visa, driver's license, Pan card, Ration Card, Voter's ID Card, Postal ID, Company or College Id card, Visiting Card, Debit or Credit Card carrying hirer's name or ID issued by any government You may submit the photocopies alone. But we need to have a look at the Original id cards.
23. You need to pay the rental in advance plus Rs.1000 to Rs.20000 (Refundable deposit) depending upon the bike model.
24. We don't take any booking without any advance payment.
25. General Provisions for Renter and / or Authorised Drivers
a. You or any Authorised Driver may be held legally responsible for any charges and/or litigation resulting from vehicle misuse.
b. Renter and/or Authorised Driver must inform the Company specifically where the renter intends to drive, especially if driving out of the City.
c. You will return the vehicle to the renting location on the date and time agreed to at the time of rental, or sooner if we request, in the same condition as when you received it. If you fail to return the vehicle, at the date, time and location agreed to at the time of rental, we reserve the right to notify the appropriate authorities that the vehicle is stolen or missing. We will be left with no other option to file a complaint against you for stealing the bike in the police station. The call list of your mobile list will be taken and every friend of yours will be informed. Also we publish your photo online and the local newspaper of Chennai and your home town or country.Further, you are responsible for the vehicle until we have inspected and accepted it, including any vehicle returned at a time and location other than required by this Agreement.
26. Prohibited use of the vehicle: Neither you nor any Authorised Driver may:
a. Permit the use of the vehicle by anyone other than you or an Authorised Driver.
b. Intentionally destroy, damage or aid in the theft of the vehicle.
c. Engage in any wilful or wanton misconduct, which, among other things, may include reckless conduct such as: the failure to use helmets (Both pillion and rider), leaving the two wheeler and failing to remove the keys etc.
d. Please don't use our bikes after 11pm till early morning. We will not be able to pickup your phone calls or assist you incase of accidents, thefts, breakdowns, detained by cops or during any other mishaps. Please don't expect us to come to the police station or assist you during these hours. Any usuage of our bikes during these hours will result in immediate and forceful retrieval of bike from the hirer and we will not pay the remaining rental and the caution deposit to such hirers.
27. Use or permit the use of the vehicle by anyone:
a. While legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person's ability to drive safely;
b. For any purpose that could properly be charged as a crime, such as the illegal transportation of persons or drugs;
c. To tow or push anything;
d. In a speed test, speed contest, race, rally, speed endurance contest or demonstration;
e. In driver training activity;
f. To carry persons or property for hire (i.e. for a charge or fee);
g. If the vehicle has been obtained from the Company by fraud or misrepresentation; and
h. To carry hazardous materials, explosives, biologically active materials that are hazardous to human health or radioactive material.
28. Any use of the vehicle in a manner prohibited above will constitute a breach of this Agreement, making you responsible to the fullest extent permitted by law, for the actual and consequential damages to the Company caused by the breach, together with the Company's related costs and attorney's fees.
29. You guarantee that the vehicle will be operated as required by this Agreement. You must return the vehicle in the same condition you have received it.
30. You acquire no title to the vehicle and no one, other than us, may transfer it.
31. We make no express or implied warranties of merchantability or fitness of the vehicle for any particular purpose. In no event shall we be liable to you for any indirect, special or consequential damages related directly or indirectly to any breach by us of this Agreement.
32. Payment Terms
a. Payments to be made in cash.
b. We accept all major foreign currencies.
c. All bills are payable immediately upon submission.
d. Service Tax will be as applicable, currently ____% in India. Any other taxes levied by the govt. will be charged extra.
33. Settlement of Dispute Any disputes and differences arising out of or relating to this contract including interpretation of its terms will be resolved through joint discussion of the authorized representatives of the concerned Parties. However, if the disputes are not resolved by joint discussions, then the matter will be referred for arbitration of a person appointed by the Parties. The Arbitration shall be conducted in Chennai in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The decision of the arbitrator shall be final and binding on the parties. The entire cost of arbitration proceedings including the professional fees and other incidental expenses payable to the Arbitrator shall be borne equally by both parties. All proceedings in any such arbitration shall be conducted in English. When such dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Agreement.
34. Applicable Law and Jurisdiction This Agreement and any matters relating to this Agreement shall be governed by and construed in accordance with the laws of India and the Courts at Chennai shall have exclusive jurisdiction.