5.1 The User hereby agrees and acknowledges that reservation is a pre-requisite for all potential Bookings. The User shall reserve a vehicle in advance of use on the Website following the steps on the Website and will be billed for usage fees at the time of reservation.
The indicative steps for reserving a Vehicle on the Website are:
(i) Select the region/ area for which the vehicle is required;
(ii) provide the start and end date and time, indicating the duration or Booking Period for which the vehicle will be required for use by the User;
(iii) Select the vehicle as per your requirements;
(iv) pay applicable Booking fees for use of the Vehicle through any of the payment systems that Car2Drive is using at that point of time.
5.2 The User has an option to either pick up/ drop off the Vehicle from the designated location or can avail the services of Car2Drive to get it delivered at his desired location.
5.3 Upon completion of reservation of the Vehicle, Car2Drive shall at its discretion and basis the availability of the Vehicle, confirm such reservation and communicate details of the final booking with the User (“ Booking ”).
5.4 Handover of the Vehicle pursuant to the original Booking, extensions and modifications to the User by the company is upon the availability of the said Vehicle. Car2Drive reserves the right to cancel any of such Booking in the circumstances of unavailability of the Vehicle.
5.5 The User is required to fulfil the below mentioned conditions at the time of taking the delivery of the Vehicle:
(i) User must show his/ her original driving licence, that was shared with Us at the time of opening of account/availing Car2Drive Rental with Us. User must show the same to Our representative at the time of delivery, prior to the User taking possession of the Vehicle;
(ii) User must carry his/ her documents in original, and provide support to Our representative for capturing the image of, any one out of following documents as an additional ID proof to be placed on Our records:
(a) Voter ID;
(b) Aadhar card; or
(c) Valid Passport&
(d) Valid Driving License/International Driving Permit (IDP)
(iii) Users must with be present Our representatives for taking a photograph of the Vehicle along with the User, for safety and record-keeping purposes.
(iv) User must fill and submit the checklist of the Vehicle at the start and end of the trip.
In case the above conditions are not successfully completed by the User at the time of taking possession of the Vehicle, We reserve the right to NOT handover the possession of the Vehicle and Car2Drive Rental shall stand cancelled without any onus on THE COMPANY to refund the security deposit and the Booking fee. Further, in the event the possession is taken by the User without completing the above condition, the User shall be held solely responsible for any liabilities or losses arising out of the same.
5.6 Only a User registered on the Website who has provided a valid driving license ISSUED BY ANY OF THE STATE/UNION GOVERNEMENT WITH THE REPUBLIC OF INDIA and other requisite documents, shall be allowed to obtain a Car2Drive Rental. The details of the registered User and the details on the know your customer documents should match. It is hereby clarified that in the event a person is not registered on the Website or the Driving Licence is not of the same person, Car2Drive Rental cannot be obtained by any other registered User on its behalf. FOR USERS FROM OUTSIDE INDIA IT IS MANDATORY TO CARRY THEIR ORIGINAL DRIVING LICENSE ISSUED BY FOREIGN AUTHORITIES ALONGWITH ORIGINAL & VALID INTERNATIONAL DRIVING PERMIT (IDP).
5.7 Cancellation / Reduction of Booking Period: If You wish to cancel a reservation / Booking or reduce the Booking Period for which the Vehicle has been reserved, You must do so in advance, in pursuance of the Fee Policy. Furthermore, if the User fails to pick-up the Vehicle, for whatsoever reasons, within 4 hours from the start of the Booking, the said Booking shall be automatically cancelled as a “NO SHOW” with NO REFUND.
5.8 Extension of Car2Drive Rental: If You wish to extend a Car2Drive Rental, You may do so only if following conditions are fulfilled:
(i) the online payment for the extension has been made and successfully receipt by Car2Drive;
(ii) the Vehicle is available for use for the extension period (for example, it is not reserved by another User); and
(iii) the request to extend is completed prior to the scheduled expiration time of Your existing Car2Drive Rental.
You are liable to drop the Vehicle at the drop location CHOSEN by you at the time of Booking OF the said Vehicle. In case, any of the above conditions are missing after the expiry of the Booking Period (initial or immediately prior) then You will be deemed to have the possession of the Vehicle without authorisation and must hand over the Vehicle to Car2Drive’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of Vehicle or after the expiry of Booking as the case may be, will be making You liable for wrongfully detaining the Vehicle, theft and further making you liable as guilty of breach of trust and Your involvement in the theft of the said Vehicle would be presumed without any doubt.
In such an event We reserve the right to initiate criminal proceedings against You and make all reasonable efforts to take possession of the Vehicle from You, immediately or any time thereafter, and at any location.
For the avoidance of doubt, in the event You do not handover the Vehicle whenever so required:
(i) (i) You will be charged late fee, inconvenience fee and any other charges applicable as per Our Fee Policy from the scheduled end time of Your Car2Drive Rental till the time the Vehicle is recovered by THE COMPANY;
(ii)) You will be charged with such additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by THE COMPANY in taking possession of the Vehicle from THE USER; and
(iii)USER will not be provided any compensation or alternate means of transportation and USER will be blacklisted from AVAILING Vehicles in future FROM THE COMPANY. You shall hold Car2Drive, its DIRECTOR/S, Officers, Employees, Agents, REPRESENTATIVES, HEIRS and Affiliates harmless against any claim in connection with the Vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Car2Drive against any cost, loss or liability suffered by Car2Drive arising out of or in connection with any claim made by a third party against Car2Drive in relation to the Vehicle and/or its re-possession.
Our flexible modification policy allows you to make modifications depending upon the time remaining before the start of your trip:
Cancellation charge is 15% of the booking amount. Rest of the amount will be refunded to THE USER.
Between 24 and 3 hours before start timeYou will be charged 50% of the base fare paid. Rest of the amount will be refunded to THE USER.
Within 3 hours of start timeNo refund eligibility for cancellations within 3 (three) hours of trip start time, however security deposit shall be refunded as per standard terms & conditions and also the doorstep delivery charges.
Processing of refunds shall be done within 7 (seven) working days from the date of cancellation.
• Postponing start time or Preponing end time (Shortening): Rs. 500 charges, any difference amount shall be refunded as per terms & conditions.
• Preponing start time or Postponing end time (Extension): Rs. 400 plus revised fare for the extended hours needs to be paid immediately via the link provided by the company.
Between 24 and 3 hours before start time• Postponing start time or Preponing end time (Shortening): 50% of charges for reduced hours are charged.
• Preponing start time or Postponing end time (Extension): Rs. 400 plus revised fare for the extended hours needs to be paid immediately via the link provided by the company.
Within 3 hours of start time• Postponing start time or Preponing end time (Shortening): 100% of fare amount of the reduced hours.
• Preponing start time or Postponing end time (Extension): Rs. 400 plus revised fare for the extended hours needs to be paid immediately via the link provided by the company.
Location changes within municipal corporation limits shall be permissible subject to availability of driver resources, without any additional cost. Change of location from municipal limits to airport shall attract airport delivery charges.
From 24 hrs to 3 hrs before trip start timeLocation changes within municipal corporation limits shall be permissible subject to availability of driver resources, without any additional cost. Change of location from municipal limits to airport shall attract airport delivery charges.
Any changes to pickup/delivery schedule shall attract and additional cost of rupees is 250 each way.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE a PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, TERMS OF SERVICES, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR TERMS OF USAGE OF www.Car2Drive.co.in (HEREINAFTER REFERRED TO AS THE “SITE”).
YOUR USE OF THIS SITE, OR YOUR PROVISION TO USE OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.
Though we make every effort to preserve the user privacy, we may need to disclose personal information when required by law wherein we have a good-faith/belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on our Site, or as required by law. We may also need to disclose the personal information to a third party for the purpose of delivery of the services to the users and to VENDORS such as FLEET OPERATORS since CAR2DRIVE is an Aggregator of Services.
The Site may collect a user's name, postal address, telephone number, mobile number, e- mail address. Besides the above, Members intending to create an account may be asked to submit personal information including driving license, proof of identity etc. besides information pertaining to the Member’s credit card/debit card or bank account details. The Site may also be required to collect the PAN card details and any such detail which is relevant to carry out the transaction. This information is requested if the user is entering into a transaction and is further used to deliver the services as has been requested by the user. The data so collected from the user shall also be used to manage the Site, and detect any fraud or site abuses.
Other personal information that we collect includes the following: Vehicle Use Data: Vehicles will contain hardware that gathers and transmits information about vehicle use. This is done as a security measure against accident or theft and also to provide you with value added services.
Location Tracking: To prevent theft, and to allow us to locate you in case of an emergency, accident, lock-out, etc., we track the location of your vehicle. Your location information will be confined to Car2Drive service, and we will never impermissibly make your location or movements public. As part of our service, the location of your vehicle may be released to insurance companies, the police, or similar parties in the course of an investigation and/or accident claim, and to provide assistance in emergencies. Information regarding the location of each vehicle on Car2Drive’s site is also transmitted to Car2Drive and can be tracked by your Car2Drive-enabled smartphone.
Driver and Vehicle Information: As a customer of Car2Drive’s Site, you authorize us to access your driver’s record, vehicle history report from all applicable entities and authorities. This authorization continues for as long as you are a Car2Drive customer. Moreover, you authorize all DMVs, RMVs, auto mechanics and all other entities and interested parties to release information to us regarding your driving record and vehicle history.
You have the right to request that Car2Drive discontinue use of your personal information. To withdraw your consent to our collection and processing of your information at any time, you may do so by closing your account.Collection and Use of Non-Personal Information:
We also collect non-personal information – data in a form that does not permit direct association with any specific individual, including IP addresses, usage details and identifying technologies. We may use, transfer, collect and disclose non-personal information for any purpose. If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined. Aggregate Information: We may share non-personally identifiable information (such as referring/exit pages, anonymous usage data, and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Car2Drive services. Third-party ad servers or ad networks may serve advertisements on the Car2Drive Site. These third-party ad servers or ad networks may automatically receive your IP address when they serve ads to your Internet browser. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. We do not provide any personally identifiable information to these third-parties without your consent. However, please note that if an advertiser asks Car2Drive to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The Car2Drive Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers.
As with many websites, we collect certain information. When you browse, read, or download information from the Site, data is collected by the Site, including but not limited to your IP address, URL request, browser type, and date and time of your request. We collect the IP addresses of visitors, time of access, browser type, and web pages visited. We do not collect any other information without your knowledge and permission.
The Site requests personally identifiable information when you seek a query from the Contact Us Tab on the Site and is subject to the Terms of Use. Such information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to the services provided by the Site. This information may include, but is not limited to, person’s names, email addresses, location. The above-mentioned data is collected by the Site only with the intention to conduct the business and for the facilitation of the correct and timely delivery of the products and improvement of the services. The collected data is preserved with the Site safely and is not sold/disclosed to a third party, whatsoever, beyond the terms of the privacy policy.
Available log records and all data stored on our servers may be accessed by our system administrators. In the event that we are required by law (including a court order) to disclose the information you submit. We prefer to independently object to overly broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.
The data so collected by the Site may be disclosed to other companies in our group including our agents and subcontractors who help us to deliver the goods to you, collect payments from you, analyse the data and provide us with the marketing or customer service assistance. The data may also be shared for the purpose of the fraud protection, credit risk reduction, for conducting cases. In the event the business or a part of it is sold to any other entity or the business under goes a merger/amalgamation/ demerger, the relevant data may be transferred to such other new entity.
Besides the above, we reserve the right to transfer any personal information we have about you in the event that we sell or transfer all or a portion of our business or assets.
We partner with outside companies to provide you with additional services related to Car2Drive, such as ride-sharing or parking benefits. When you purchase, register, or otherwise express interest in a product or service offered by a third party through Car2Drive or sponsored on our site, you consent to our sharing your personal information with those parties. Participation in rewards programs, discount offers, contests, or other programs that involve third parties, authorizes Car2Drive to share your personal information with those parties. A third party’s use of your information is bound by contracts and agreements between Car2Drive and the third party. We only share information reasonably needed to provide additional services, and such shared information may be bound by other privacy agreements. By sharing this information, you agree that Car2Drive is not liable or responsible for the actions or inactions of third parties.
The Site’s primary goal in collecting personal information is to provide you, the member, with a potentially fulfilling experience. The information collected by the Site is protected by the use of appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. However, it is brought to your notice that when you use our services or post on the Site, some of the Personal Information you share is visible to other users and can be read, collected, or used by them. You are responsible for such Personal Information you choose to submit in these instances. For example, if you list your name and email address on the site, that information is public. Please take care when using these features. Further, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
It is however expressly clarified that we will not be responsible for any third party access to information provided by you on the Site by any third party arising as a result of any unauthorized access or use.
Like most standard web site servers we use log files. This includes IP (internet protocol) addresses, browser type, ISP (internet service provider), referring / exit pages, platform type, date / time stamp and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. The same may be used to track the behavior of the customers or identify the area of interest of the customer, which might further be useful for advertisement, promotions etc.
As set forth above under “Normal Browsing” anonymous users may receive session cookies while visiting our Site while their browser is open. “Users” are subject to the Site’s Terms of Use. Registered Users receive session cookies when they are signed into our Site. To facilitate our functions, we may use cookies to recognize when you return to our website, if any.
Posting or updating content is a public action undertaken by Member who are subject to the Car2Drive Membership – Terms and Conditions as set out on the Site. For the avoidance of doubt, identification of all contributed content may include, but is not limited to, display of your name. All content may be retained for restorative, archival, or research purposes by the Site. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the Site.
When you are on the Site and are asked for personal information by the Site, you are sharing that information with the Site only. However, material on the Site may link to independently run websites outside the domain of the Site. The Site is not responsible for the privacy practices or content of such websites. We encourage you to read the privacy policies of any websites you visit from this website as users and other members may be able to access certain information that you provide to them (e.g. your e-mail address and content that you post on the blog). The Site is not in a position to monitor or control any particular user's or community member's use of that content.
THE SITE IS NOT ENGAGED IN THE OCCUPATION OF STORING, PROCURING OR USAGE OF THE INFORMATION (USER NAMES, PASSWORDS OR EMAILS) THAT YOU MAY ACCESS BY THE USE OF YOUR SOCIAL NETWORKING ACCOUNT FOR THE PURPOSES OF LIKE, TWEETING, +1 BUTTON, OR MENTIONS AND SUBSEQUENTLY CAN’T BE HELD LIABLE FOR THE SAME. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Car2Drive captures, stores, processes and uses the Customer’s personal data, including, but not limited to, the usage and vehicle data as they relate to the Customer, to the extent this is necessary for the administration and implementation of this Agreement and the Customer’s use of the Car2Drive vehicle.
Should third-party services be used, Car2Drive is entitled to forward to the third-party service provider the Customer’s personal data, to the extent this is required in order to fulfillcustomership or use requirements. Car2Drive is entitled to provide Customer’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Customers.
Car2Drive shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law. Car2Drive shall be entitled to disclose information of the Userto Car2Drive’s parent company and to all companies controlled by Car2Drive or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by Car2Drive, in its absolute discretion.
Please refer to the Privacy Policy as contained on the Website which shall be applicable to information and/or data provided by the Users.
6.1 You must pick up the booked Vehicle from a parking space designated by Us and return it secured, clean, and in good working order, to the correct parking space that is designated by Us for the purpose, no later than the end of the Booking Period. The handover of Vehicle by Us to You is dependent on the availability of Vehicle. Further, We reserve the right to cancel any Booking at its sole discretion with only consequence to return the fees collected at the time of creation of Booking, The Company cannot be held liable for any consequential loss that may arise due to cancellation by the Company such as AirFare, Hotel Room, Food & Beverages, Loss of Pay to name a few.
6.2 Prior to taking possession of a Vehicle, You must do an exterior walk-around and an interior look-over of the Vehicle. Before the start of a Car2Drive Rental, You must advise Car2Drive of any damage or abnormality encountered on the Vehicle or in the operation of the Vehicle. If Car2Drive is not notified of a problem at the start of a Booking, You will be deemed to be responsible for any problem with the Vehicle discovered or reported after completion& during the trip of Your Booking, including, without limitation, damage to the Vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Car2Drive may suspend, or may even terminate Your Car2Drive Rental.
6.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, Vehicle’s key, key fob, or other starting device to the Vehicle in its designated position in the Vehicle at the conclusion of Your Car2Drive Rental. You must inform Car2Drive immediately if You fail to leave the original documents mentioned hereinabove, key/fob/starting device, parking pass, or toll payment pass (if applicable) in the Vehicle, and if this causes inconvenience to Car2Drive or another User or customer, You will be charged the hourly rates for the Vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Car2Drive and You will remain responsible for the payment of charges against the usage of the Vehicle during such period. You may also be charged an inconvenience fee at Car2Drive’s sole discretion if the aforementioned items/ documents are lost, and such missing items need to be replaced. This is in addition to the COST Incurred for creating new documents or items to be bought.
6.4 The end of the trip shall be confirmed upon either (i) specific completion of closing checklist at the end of trip; or (ii) an SMS message to Car2Drive’s provided number to notify of such intent; or (iii) unwarranted breakdown/accident of the Vehicle.
6.5 User is responsible for all charges and costs incurred related to the Vehicle for the entire period of the Car2Drive Rental and until the Vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, toll payment pass and parking pass and other accessories in the Vehicle) to its designated location. The Vehicle must be returned upon expiry of the Booking Period and will be governed as per the provisions of Clause 6.4 above if extension is sought.
6.6 User is required to immediately report to Us any condition that impairs the driving functionality of the Vehicle, such as poor driving feel or external or internal damage that renders the Vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass.
6.7 Notwithstanding anything contrary contained under this policy, any damage caused to Vehicle due to Your wilful misconduct or gross negligence and/or theft of the Vehicle, during such time when the Vehicle is not in motion/ or in motion, will attract charges/fees as per Our sole discretion.
6.8 It shall be the responsibility of the User to pick up the selected Vehicle and return it secured, clean, and in good working order, at the drop location provided by Car2Drive, by no later than the end time of the Booking Period.
6.9 Cases of stolen Vehicles or any accidental incidents must be immediately reported to Us and the nearest police station with a detailed written complaint based on actual facts. Users shall ensure that such complaints shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claims raised by Us. The User will be solely liable without any demur, for any loss incurred by Us, due to a discrepant, inconsistent or distorted complaint or information by the User. It shall be the sole responsibility of you to ensure proper police and judicial formalities are being done on your part with respect to the same.
6.10 Accidents caused by USER whilst being intoxicated or under the influence of prohibited Narcotic substances and/or whilst being under medical treatment which impairs the ability to drive shall NOT be covered under the INSURANCE POLICY and damages arising out of the same shall be recovered from the USER.
6.11 Damages caused during the course of the Booking, due to a “Non-USER” driving the vehicle SHALL ALSO BE NOT COVERED under the INSURANCE POLICY and all liabilities arising from such an incident, such as Damages, Injury and/or LOSS of LIFE & PROPERTY shall SOLELY be the responsibility of the USER.
Refundable security deposit of up to Rs 5000 shall be collected. During limited-period offers, this amount might be lower. It will be refunded within 10 WORKING days after the booking's end time.Please select "Refund to Bank Account" options while making payment.
In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between a User and Car2Drive or their respective representatives or assigns under, out of, in connection with, or in relation to, these Terms (or the subject matter of these Terms) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms, (hereinafter referred to as a “Dispute”), the same shall be referred to binding arbitration at the request of the User AND/OR Car2Drive, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise a sole arbitrator to be appointed by Car2Drive whose decision in relation to any such Dispute shall be final and binding on the Parties hereto.
The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be in Hyderabad.
The costs of arbitration shall be fixed by the arbitral tribunal and the tribunal in the final award shall specify
a. the party entitled to costs;
b. the party who shall pay the costs;
c. the amount of such costs; and
d. the manner in which the costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’ shall mean the fees and expenses of the arbitrator, legal fees and expenses, any administrative fees and any other expense incurred in connection with the arbitral proceedings and the arbitral award.
No party or person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute save as required in order to enforce this Clause and / or any arbitral award made pursuant to these Terms.
This document sets out the terms and conditions for Fleet Management Services and user terms & conditions from M/s Car2Drive India Private Limited, a company incorporated under the Companies Act, 2013, with CIN U50100TG2019PTC130933(hereinafter referred to as "Car2Drive" which expression shall unless repugnant to the context or meaning include its heirs and successor).
Definitions Unless the context otherwise requires, the following capitalized words as used in these Terms shall have the meaning as respectively assigned to such terms hereunder: “Applicable Laws” shall mean and include, all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority (as defined below), tribunal, board, court or a recognised stock exchange of India; “Governmental Authority” means any governmental or statutory authority, government department, agency, commission, board, tribunal, court or other entity, authority or body authorized to exercise legislative, judicial, regulatory or administrative functions of, or pertaining to, a government or any state or other subdivision thereof or any municipality, district or other subdivision thereof having jurisdiction pursuant to Applicable Laws; “User” shall mean any person who has formally enrolled to use Car2Drive’s fleet management services (‘FMS’), pursuant to the completion of usage formalities and acceptance of the terms and conditions as set out herein. “Non-Reserving User” shall have the meaning as specified in Clause 6.3; “Reserving User” shall have the meaning as specified in Clause 6.3. “Terms” shall mean these terms and conditions as may be updated, altered, modified, novated, substituted or replaced from time to time; “Website” shall have the meaning as set out in Recital 1 above.
Interpretations In these Terms (including its Recitals, Clauses and Schedules), except where the context requires otherwise, these Terms will be interpreted as follows:
a. words denoting the singular include the plural and vice versa and words denoting a particular gender include all other genders;
b. the headings are inserted for convenience only, and shall not affect the construction or interpretation of any provision of these Terms;
c. references to Recitals, Clauses, Sub-Clauses thereof and Schedules, unless a contrary intention appears, are to the recitals, clauses, sub-clauses and schedules to these Terms, respectively;
d. a reference to consent or approval or similar connotation, unless expressly stated otherwise, shall be in writing, and references to writing include any mode of reproducing words in a legible and non-transitory form;
e. a reference to any document (including these Terms) is to that document as amended, consolidated, supplemented, novated or replaced from time to time;
f. a reference to a statute or statutory provision includes, to the extent applicable, at any relevant time:>
1. that statute or statutory provision as from time to time consolidated, modified, re-enacted or replaced by any other statute or statutory provision; and
2. any subordinate legislation or regulation / rules made under the relevant statute or statutory provision;
g. where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings;
h. the rule of construction, if any, that a contract should be interpreted against the party responsible for the drafting and preparation thereof, shall not apply;
i. the expressions “hereof”, “herein” and similar expressions shall be construed as references to these Terms as a whole and not limited to the particular section or provision in which the relevant expression appears;
j. the words “include” and “including” will be read without limitation;
k. references to rupees Rs. are lawful currency of India;
l. schedules form an integral part these terms shall construed have same force effect as if expressly set out in body terms.
Upon accepting the terms and conditions as set out hereinafter, the User agrees and acknowledges that
Car2Drive has established a website having the registered domain address as www.Car2Drive.co.in (“Website”) where the terms and conditions of FMS provided by Car2Drive have been displayed. It is the responsibility of the user to ask representatives of Car2Drive.co.in and obtain a soft copy of the agreement if they are unable to view or access the terms & conditions as set out in website/ Mobile applications.
The User has read and understood the terms and conditions as set out herein and agrees to abide and be bound by such terms and conditions including fee schedule and privacy policy and confidentiality terms. Car2Drive reserves the right to change the terms of this Agreement from time to time with the provision of notice to the User which shall be considered given when these terms and conditions are updated on the Website, iOS / Android apps. The User agrees that the amended terms and conditions of this Agreement shall be effective and binding on the date when such change is posted on the Website.
The provision of FMS to the User is subject to the acceptance by the User of all the terms and conditions as set out herein. In the event that the User does not accept any term and/or condition as provided herein or as may be amended, the User will not be authorized to use any services provided by Car2Drive. For the avoidance of doubt it is clarified that use of services provided by Car2Drive would signify an acceptance by the User of all the terms and conditions including as set out herein including any terms and conditions as may be amended, substituted or novated from time to time.
By accepting these Terms and Conditions, the User has agreed to enroll as a User under the Scheme to avail the facility for FMS.
The User further acknowledges and understands that he/she shall not at any time challenge any of the provisions of these Terms or the contents of the Website on the premise that the terms and conditions have not been read by the User or that the User is not aware of the enrollment formalities or that the User has not understood any provision of these Terms or the procedures, formalities, benefits rights and/or obligations as contained on the Website.
There is no difference between User & Customer. User is a person who registered with Car2Drive.co.in and customer is a person who hired the vehicle.
Enrollment FormalitiesFor the purpose of enrollment, the User shall be required to provide the necessary particulars, as indicated by Car2Drive’s representatives.
The User shall be required to provide the following documents to Car2Drive’s representatives:
1. Credit / Debit card details, if this happens to be the preferred mode if payment
2. Details of vehicles such as vehicle registration number for which the fleet management services are required. Further, the said details shall not be required in case the same is already available with Car2Drive;
3. Any other documents as may be notified by Car2Drive from time to time.
Car2Drive reserves the right to refuse acceptance of any person as a User without assigning any reason thereto. It is clarified that in the event that any person is rejected as a User, he/ she shall not be permitted to use Car2Drive’s FMS..
The Users may choose from the services which are available on the Website for the purpose of availing FMS. At the time of booking, the Users will be required to:
1. Select the services as per their requirements;
2. Provide the start and end date i.e. the period for which such services are required;
3. Provide the details of vehicle for which such services are required, in case the same is not available in Car2Drive’s records;
4. Pay the Fees for the services through any of the payment systems that Car2Drive is using at that point of time.
If a User wishes to extend the duration of FMS, such User is required to communicate request for extension to Car2Drive prior to the timeline outlined in the Fee Policy. Car2Drive shall have the sole discretion to allow such extension or refuse the same. A request for extension will only be permitted where:
1. the feasibility to provide FMS during the extended period; and
2. Upon payment of Fees in advance for such extended period
Scope of services provided by Car2Drive
Upon payment of the fees in advance, Car2Drive is responsible to provide the following services to the User:
1. Provide pick and drop facility to the User, in case required
2. Ensure the vehicle subject to FMS services is in good condition and is well maintained, as per the prescribed maintenance schedule of the automotive OEMs
3. In the unfortunate event when there is a breakdown of the vehicle for which FMS is availed from Car2Drive, while being used by the User, and it is clearly established that the breakdown was due to a mechanical / electrical failure of the vehicle and not due to any consequential or driving behaviour related damage caused by the User, Car2Drive will try and provide the best resolution possible to the User. Vehicle maintenance and cleaning services.
Car2Drive makes reasonable best efforts to provide roadside assistance support in all cases. If, however, a User's need for Roadside Assistance results from a breach of these Terms and Conditions, the User may be charged for the full costs of the service.
The Users will be required to pay the service Fees at the time when selection of services on Car2Drive’s web platform is being made.
Payments by the User may be made with the use of credit card / debit card or other netbanking facilities. User is under an obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges. The User is solely responsible for any associated bank or credit card charges or fees. The User may be charged a processing fee for a declined credit or debit card payment.
In the event the User defaults on any payments, Car2Drive is entitled to charge remainder fees and default interest at the rate of 24% per annum. In addition, Car2Drive may utilize third parties to collect amounts owed to Car2Drive by a User. Car2Drive reserves the right to report the delay to credit rating agencies
With all fees mentioned above, Car2Drive reserves the right to prohibit a User from making a subsequent purchase of FMS until all outstanding fees in the User's account have been paid in full. In the event a fee is incurred, Users will receive an email invoice from Car2Drive that will have detailed payment instructions.
Subject to User's compliance and acceptance of the Terms and Conditions of this agreement, Car2Drive shall provide primary liability protection under FMS, which is to the extent of claims and/or liabilities covered by vehicle insurance, in case the same are rented from Car2Drive for claims and/or liabilities arising out of the use or operation of the vehicle by the User.
For any associated deductible charges that are attributable to the User, and for losses that exceed the User's coverage provided by Car2Drive, User shall be responsible. Liability protection excludes any claim made by the User himself, or the user's immediate family members, or by the passengers in the Car2Drive vehicle at the time of the incident.
Car2Drive is not responsible for any damage to, loss or theft of, any personal property belonging to User or third-parties, regardless of fault or negligence
Under no circumstances will Car2Drive be liable to any 3rd party for indirect, incidental or consequential damages arising from the use of vehicles for which FMS has been taken by User,. Car2Drive shall not be liable to the User for any indirect, incidental or consequential damages arising from the use of vehicles unless specifically mentioned in this agreement,
Every User who shall fail to comply with the terms of this agreement shall be responsible for all applicable damages and costs arising from the User's failure.
Every User shall be liable for all costs, including fines for late payment and any processing fees added by the issuing municipality in case of any traffic violations including but not limited to parking, speeding, breaking red light, photo enforcement, and toll violations User shall forthwith pay the relevant fine/s to the authority concerned and provide Car2Drive with the proof of such payment.
User Identification and holds Car2Drive, its Parent and affiliates and their respective Directors, 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 Car2Drive arising from a breach of the Terms as specified herein:
Every User who violates the law or any of the provisions of this agreements or the rules setup by Car2Drive and could face legal action and shall be responsible for all damages, liability, and fines as mentioned in the Fee Policy
Car2Drive captures, stores, processes and uses the Customer’s personal data, including, but not limited to, the usage and vehicle data as they relate to the Customer, to the extent this is necessary for the administration and implementation of this Agreement and the Customer’s use of the Car2Drive’s FMS.
Should third-party services be used, Car2Drive is entitled to forward to the third-party service provider the Customer’s personal data, to the extent this is required in order to fulfill customership or use requirements.
Car2Drive is entitled to provide Customer’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Customers.
Car2Drive shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
Car2Drive shall be entitled to disclose information of the Userto Car2Drive’s parent company and to all companies controlled by Car2Drive or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by Car2Drive, in its absolute discretion.
Please refer to the Privacy Policy as contained on the Website which shall be applicable to information and/or data provided by the Users.
These Terms shall be governed by and interpreted and construed in accordance with the substantive laws of India, without regard to the conflict of laws provisions thereof. The courts in New Delhi shall have exclusive jurisdiction on all matters pertaining to this Agreement.
User must not aid or encourage the filing of any third-party claim or lawsuit against Car2Drive, and User must cooperate fully with Car2Drive and Car2Drive’s insurer in the investigation and defense of any claim or lawsuit.
User must immediately notify and deliver to Car2Drive every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the Car2Drive vehicle.
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms had been executed with the invalid portion eliminated. The parties shall substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Customer represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these Terms, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
Waiver Failure to exercise and delay in the exercise of any right, power or privilege hereunder by the Company shall not operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or, remedies otherwise provided by Applicable Law.
Assignment or Transfer The rights granted to the User under these Terms are not assignable or transferable, in whole or part. Any attempt to transfer any rights without the written consent of Car2Drive shall be void and shall have no force and effect. Car2Drive shall have the sole authority to assign this Agreement to an affiliate or to another entity in connection with any other corporate transaction.
User may write to the grievance manager for any complaint/feedback as detailed below.
Email:abhishek@car2drive.in
Car2Drive India Pvt. Ltd.
Hyderabad-500042, Telangana, India.
Phone number: 8880 100 200
Email: info@car2drive.in
