Terms And Conditions
FLY BAXI is in the business of bikes rent. It has followings terms and conditions and should be followed by the hirer.
If Hirer is not the Rider of the Vehicle, it is Hirer's responsibility to ensure that the Rider of the bike shall follow the terms strictly. Any failure from the Rider to follow the terms of this agreement shall make the hirer liable.
If FLY BAXI notices at any time of the relationship that the Hirer/Rider, has committed or convicted or has pending charges or allegation of commission of offenses, be it traffic norms or any other offenses, then FLY BAXI can terminate this agreement and decline to offer any of our services and take back possession of the vehicle at any point of time.
By accepting the terms and conditions you will be legally bound to follow all the below-mentioned terms and conditions during your riding. Without your acceptance of the terms and conditions, FLY BAXI will not be able to give on Hire any bike.
FLY BAXI is in the business of providing two-wheelers on hire. WHEREAS the Hirer is eager to avail the services and take on hire a motorbike and he has filled the online form containing his address and contact details and uploaded / or agreed to provide the identity proof, and other required details. The Hirer has selected the make of the Vehicle (hereinafter referred to as the "Vehicle") by selecting the appropriate column in the Booking form. Hirer has chosen the expected time of Hire, Date of Hire, and filled/ selected carefully in the Booking form. Hirer understood the tariffs and rates applicable. The Vehicle covers insurance for the risks listed in the Insurance policy taken by the company.
ASSURANCE BY THE HIRER
It is agreed that all risks associated during the custody of the vehicle are with Hirer. It is also agreed further that in cases where the vehicle is used in a manner that is not permitted under law or is in violation of any law, Hirer should assume absolute liability and Indemnify the owner from all statutory and other liabilities cast upon him.
1. The hirer shall handover the key and other accessories provided by FLYBAXI to the relevant station.
PENALTY FOR KEYS AND ACCESSORIES (HELMET) ETC.
- SCOOTER KEY- Rs.800
- ROYAL ENFIELD KEY- 1500
- KTM KEY- Rs. 2000
- UM KEY- Rs. 2300
- YAMAHA OR BAJAJ KEY- 1000
- HERO KEY- Rs.800
- HELMETS- Rs. 950/per.
1.Terms and conditions
The Hirer shall abide by the following
(a) The Vehicle shall be used fully complying with the Motor Vehicle laws, rules notifications, and other general laws.
(b) The rider of the vehicle will have a valid driving license and a copy of the driving license of the rider and one original AADHAR Card\Voter card will be provided to FLY BAXI. After completion of the ride and ID will be revert to Hirer.
(c) Rider shall follow all safety precautions including wearing a helmet that is mandated under the Motor Vehicle Act. The hirer is aware of all the rules mentioned in the Motor Vehicle Act and refrain from;
(i) Ride with more than one person as a pillion is prohibited.
(ii) Ride the vehicle under the influence of alcohol/drugs.
(iii) Ride while using electronic gadgets like radio/ music, video, camera, phone by the rider.
(iv) Using vehicles to carry unlawful/ hazardous or prohibited material.
(v) Using any fuel other than how it is prescribed for the select model.
(d) The Rider shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally, etc., the member has to pay all the fines/penalties. If any case is registered by the police authorities against FLY BAXI, being the owner or permit holder of the vehicle, the Hirer has to compensate FLY BAXI all costs, fines and legal fees incurred.
(e) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, FLY BAXI shall not protect the hirer from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the hirer shall personally be liable for all the loss or damages caused.
(f) FLY BAXI shall also impose a fine of Rs.100 for scooter, Rs. 200 for motorbikes below or equal to 150C.C., Rs. 300 for motorbikes above 150C.C and below 200C.C, Rs. 500 for motorbikes above 200C.C.(NOTE – charges are applicable per breach of the speed limit).
SPEED LIMIT for bikes.
- Our center in charge will let you know the speed limit of the vehicle you have chosen for your ride.
- The speed limit of your vehicle is also mentioned with free kilometers in your booking through our application.
If the rider breaks the speed limit continuously then FLY BAXI can also blacklist the rider.
(g) The Vehicle must not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law.
(h) The vehicle has to be returned at the time date mentioned in the Booking form without any damage otherwise penalty will be imposed on hirer as per T&C.
(i) If there is any damage/theft to the vehicle, FLY BAXI can charge the amount equal to a cost of the vehicle/cost of repairing the vehicle that is not covered by the Insurance Company and additionally loss of revenue if any to FLY BAXI. In the event of an accident, the hirer shall pay Rs.12000 for Scooter(non-gear) and Rs.18000 for motorcycles(with gear) below or equal to 500cc. The hirer shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such an accident. The hirer on the return of the ride shall provide a crossed cheque in the name of FLY BAXI which shall be used to settle the amount that is not approved by the Insurance Company. The hirer shall not issue a stop payment request to his banker on such a cheque issued. If a check is bounced, then FLY BAXI will charge Rs.1000 and also have the rights to take legal action.
(j) FLYBAXI will claim the insurance only if it is taken by the hirer at the time of vehicle booking. If the hirer breaks the speed limit(as per mention in the form)more than three times than FLYBAXI will not claim any type of insurance.
(k) The Vehicle can be used only in the area selected in the Booking form. If the Hirer/ Rider is using the vehicle beyond the areas then the rider has to inform FLY BAXI.
(l) All accidents, damages to the vehicle, summons or notices issued by police or by a court in relation to acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such incident to email@example.com. The Hirer shall also report in writing, the entire events in minutes detail regarding the accident. Any police cases shall be reported to FLY BAXI immediately. Any misstatement or concealment is an offence. FLY BAXI shall not protect the hirer with its insurance if the hirer doesn't follow the above instructions.
(m) If any authority has penalized or fined, the driver or the vehicle owner in relation to Rider's usage of the Vehicle or while in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to FLY BAXI.
(n) The Hirer has verified the condition of the bike before hiring and is satisfied with the condition of the vehicle. The Hirer shall not hold FLY BAXI or any other person associated, responsible for any loss of life or property due to the condition of the vehicle.
(o) Hirer/ Rider cannot use the vehicle for any type or speed contests or competitions or racing and adventurous activities. You shall not use the Vehicle for Any or all types of stunts causing danger to yourself or to the pillion or fellow travelers/public.
(p) Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited. FLY BAXI shall penalize the hirer if it is found that the hirer has caused excessive wear and tear to the vehicle.
(q) Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement of any item of the Vehicle.
(r) Hirer will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle, the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and a third party have to be paid by the Hirer.
(s) If the accident or damage to the vehicle has caused due to violation of any rules or riding requirements mentioned herein, then the Hirer has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be an aid to the victim.
(t) Penalty for delay in returning the bike: All bikes are due back at the time and day agreed as per the booking form. If the hirer returns the bike beyond the time specified in the booking form he/she shall be charged Rs 100/hr for scooters and Rs. 250/hr for motorcycles below or equal to 199 CC and Rs. 350/hr for motorcycles above 199CC. If you suspect that you will be late, please inform to FLY BAXI (two hours before extending reservation). We will not be able to extend if there's another confirmed reservation for the period.
(u) We will not able to provide any type of service beyond our working time.
(u) Cancellation policy: If you cancel the booking the refund would be made as per the following schedule-
- NO SHOW(REQUIRED DOCUMENTS AS PER POLICY)- NO REFUND.
1. less than 6 hrs from the scheduled time of hire-- No refund
2. less than 12 hrs before the scheduled time of hire --25% refund.
3. less than 24 hrs before the scheduled time of hire -- 50% refund.
- more than 48 hrs before the scheduled time of hire – 90% refund
If we cancel the booking due to break down, non-availability of the bike or any other reason then we provide a 100% refund of the rentals received.
(v) Crossing the State Boarder: The rider has to inform FLY BAXI in advance whenever he is intending to go to other states. The rider has to ensure that he takes the necessary approval at the check post and pay the permit fee before he enters the other state. FLY BAXI will not be responsible for any damage to life and property if the necessary permits are not taken while entering another state. FLY BAXI Insurance will also not be valid if the necessary permits are not taken by the rider while crossing the border.
(w) Documents to be submitted: The following would be the documents that need to be submitted for renting the bike-
1. Customer Must Have a Valid Original Driving License to ride a motor-cycle with gear in India.
- Original Aadhar Card/voter ID card.
- For international visitors, a valid driving license from their home country with an International Driving Permit is necessary along with a valid Visa. Original to be brought, a copy will be retained for record of the following
- Passport. Original to be brought, a copy will be retained for record
(x) Age limit: according to Indian motor, vehicle act to ride a motorbike.
(y) Mechanical failure/breakdown/cleanliness/maintenance during the ride: In case of a breakdown, the Rider/ Hirer has to inform immediately in FLY BAXI about the same and the location and kind of defect. FLY BAXI will send a mechanic or provide the necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, FLY BAXI is not assuring a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts, etc. As mechanical failure is unpredictable and Hirer is hiring the vehicle with complete knowledge that it is susceptible to mechanical failure of breakdown.
(z) If not covered by the insurance of the vehicle, FLY BAXI is not responsible for any damage to, loss or theft of, any personal property belonging to Hirer, or for a delay due to mechanical failures, accidents due to mechanical failures, regardless of fault or negligence of the vehicle or FLY BAXI.
- General Terms relating the use of the Vehicle
- The Hirer has to pick up the motorcycle from the location that is specified in his booking order and has to return the motorcycle in the same working condition as before at the same location in time.
- The Hirer is strongly advised to inspect the motorcycle before riding them for any physical or noticeable mechanical defects or flaws found on/in the motorcycle. Any type of damage that happened to the motorcycle during the ride should be intimated to FLY BAXI while returning the vehicle.
- The Rider is duty-bound to inform FLY BAXI if he/she notice any abnormality in riding comfort, conditions, excess vibrations, uneasiness, etc.
- If a motorcycle is stolen during your trip, then you have to immediately inform the local authorities as well as FLY BAXI without any delay. An FIR shall be filed with the local Police Station. FLY BAXI shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the formalities.
FLY BAXI respects the privacy of Hirer as far as possible. Hirer, however, agrees that the following personal information of the Hirer and the Rider could be used by FLY BAXI for the following. The personal information that will be collected and used:
(c) contact numbers,
(d) email id,
(g) driving license details
(h) address proof and
(i) identity proofs.
The information should be used for the following.
(a) share with relevant government agencies if asked to furnish any data.
(b) to render support in case of an accident or hospitalization with local people, police, social workers, mechanic, hospital, relatives or friends of the Hirer/ rider necessary to get support in case of any accident to the person.
(c) use this information for promotional purposes, giving offers and benefits given to the customers of FLYBAXI.
(d) inform you of the developments in the business,
(e) analyze the use of patterns for providing better business offerings.
- In order to avoid theft of our motorcycles, we obtain the location of each and every motorcycle that is in the field. Please note that in this process FLY BAXI could identify your location in a given point of time.
- UNDERTAKING AND INDEMNITY:
- a) The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the vehicle by the Hirer shall be his/her own responsibility and if any such claims arise against the owner of the Vehicle, the same shall be defended at the cost of the Hirer, and if any court, magistrate, police, executive, or judicial action imposes any penalty, fine, damages, or compensation in relation to the use of the vehicle by the Hirer or for any other incident that happens while the Vehicle is under the custody of the Hirer, shall be paid or borne by the Hirer. The responsibility of the Hirer for such claims includes claims from third parties, passengers or himself/herself or their respective legal heirs for all activities that are undertaken while the vehicle is in the Hirer's custody.
b) The Hirer shall, at its expense, defend, indemnify, and hold FLY BAXI and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against FLY BAXI regarding any actions or inactions alleged or arising out of the use or non-use of the vehicle while under the custody of the Hirer.
c) Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in relation to the use of the vehicle by the Hirer anyone under him or while the vehicle is in his/her custody.
d) The rights granted to the Hirer under this Agreement are not assignable or transferable, in whole or part. The hirer is allowing another rider to ride the vehicle, then details of the Rider should be intimated to FLY BAXI in advance with copies of his/her driving license.
- NO AGENCY: Hirer will never be deemed to be a FLY BAXI agent, servant, or employee in any manner for any purpose whatsoever.
6. DISPUTE RESOLUTION / ARBITRATION:
In the event of any dispute or difference arising between the parties with regard to the rights and obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this agreement, the same shall be referred to arbitration; and such Arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 for the time being in force. The venue for such Arbitration shall be JAIPUR, India.
- GOVERNING LAW & JURISDICTION:
These terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Jaipur/related booking center shall be the competent court of jurisdiction.
- ENTIRE AGREEMENT:
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
The Hirer read and understood the above terms and agree to abide by it.