Definition :
(1) “Applicable Law(s)” means any MVT Law and other statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, clearance, directive, guideline, policy, requirement, or other governmental restriction or any similar form of, decision of, or determination by, or any interpretation, policy or administration having the force of law of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms and Conditions or thereafter.
(2) “MVT Laws” means collectively, the Motor Vehicles Act, 1988 and the Rules made thereunder, or any other statutory modification amendment or re-enactment thereof
(3) “Reservation Details” means the reservation details of the Hirer and details of the Vehicle hereunder written
(4) “Schedule of Charges” means the charges which may be levied by Royalpicks upon the Hirer and more particularly described in the Schedule hereunder written written
(5) “Vehicle” means a vehicle or vehicles hired by the Hirer pursuant to theseTerms and Conditions
Providing Vehicle on Hire :
(1) Upon receipt of the booking request by Royalpicks from the Hirer through its Mobile Application /Website / Telephone, Royalpicks has provided the Vehicle/s for hire to the Hirer for his / her bonafide personal and/or official use as indicated in booking request on a day mentioned in the Reservation Details
(2) Hirer, himself / herself, shall drive the Vehicle and that he / she is not authorised to assign/sub-let/license the Vehicle or its use to any other person whomsoever. If the Vehicle is supposed to be driven by any other person then the Hirer shall ensure that such driver is holding a valid driving license and the Hirer shall provide details of any such additional driver.
(3) The Hirer is not permitted to take the Vehicle outside India. The Hirer shall be solely responsible for payment of any and all toll or other road / parking charges /interstate permit charges, as applicable, during usage ofVehicle during Hire Period.
(4) The Vehicle shall be used strictly in accordance with the procedure prescribed by the manufacturer of the Vehicle in the Manufacturer’s manual supplied alongwith the Vehicle and also strictly in accordance withApplicable Law
(5) The Hirer is not permitted to use / drive the Vehicle :
to carry number of persons (excluding the driver) exceeding the permissible number as specified inMVT Law
to ferry passengers or any goods for consideration or reward whether expressed or implied.
to ferry pets or any type of animals
to carry any contraband, hazardous or inflammable material, firearms or other band or prohibited articles under Indian laws.
for any illegal or unlawful activity or purpose.
in any motor sport event of any kind including but not limited to racing, or rallying or for the purpose of learning driving of Vehicles or taking or giving driving lessons, speed testing or any other similar activities causing damage to the Vehicle
to propel or tow any other vehicle or trailer
beyond the speed limit of 125 Kms/per hour
under the influence of alcohol or drugs or sufferance of any disease or disability, which may cause his / her driving ability or which is likely to cause a source of danger to the public and/or to the Vehicle.
For undertaking road trip specifically for any reward / award or for creating any record or recognitions of any nature whatsoever
(6) The Hirer shall be liable to pay the stipulated charges as mentioned in the Schedule of Charges, if the Hirer or any other person authorised by him / her fails to observe the terms of usage ofVehicle as stated in para 5 above.
General Terms :
(1) The Hirer intending to enter into this Agreement and rent the vehicle on self drive basis should have attained 21 years of age and shall have a driving experience of a minimum of 1 year in addition to submission of a valid driving license, voter ID/Passport and credit card details to Royalpicks. The Hirer takes the Vehicle on hire at his own risk and the Hirer shall be solely liable for any accident, failure or loss or damage of any kind whatsoever that may be caused to or occasioned by the Hirer in connection with or incidental to the provision of the Rent-A-Cab services on a self drive basis. Royalpicks shall not be liable for any loss, damage, costs, charges or expenses whatsoever that may be caused to or occasioned by the Hirer or any other person seated in the Vehicle
(2) The Hirer shall notmake any addition or alteration to the Vehicle or carry out or replace any parts of the Vehicle. The Hirer shall ensure that distinguishing marks carried or exhibited in or on theVehicle is / are not removed and that he / she shall not tamperwith or damage the odometer or any other accessories fitted in the Vehicle and in case aforesaid is done, the Hirer shall be solely liable to replace the same at his / her own cost and consequences and also be liable forpaymentof chargesas stipulated in theSchedule ofChargesand anyother charges incidental and ancillary thereto.
(3) The Hirer shall return the Vehicle in clean, good order and condition in which the Vehicle was provided by Royalpicks prior to commencement of the Hire Period. In the event the Hirer returns the Vehicle with an unreasonable or unacceptable level of wear and tear, then in that case the Hirer shall, at sole discretion of Royalpicks, be liable to bear all costs and charges for refurbishing/repairing the Vehicle depending on the condition of the Vehicle at the time of its return. Furthermore, any and all decision made by Royalpicks in this regard shall be final and binding on the Hirer. Moreover, if the Vehicle is returned in unclean or unhygienic condition and Royalpicks incurs any cost in that regard including but not limited to refurbishing of the upholstery of the Vehicle, the Hirer shall be liable to pay the charges as stipulated for the purpose in the Schedule of Charges and any other charges incidental and ancillary thereto
(4) The Hirer shall allow the official ofRoyalpicks to inspect the Vehicle when the same is delivered back to Royalpicks.
(5) In case of any offence under any traffic rules or violation of any law, statute or regulation by the Hirer, the Hirer shall alone be responsible and liable for the said offence or violation and shall be solely liable to pay the amount of any fine/penalty, likely to be imposed or levied by any government authority in that regard. If, however, the Hirer fails to pay the same, Royalpicks shall pay that amount and the same will be adjusted against the Security Deposit or recover from any other credit balance available in the account of the Hirer or may at a later date recover from Hirer alongwith charges as stipulated in the Schedule of Charges
(6) The Hirer shall inspect the Vehicle for any of its luggage and/or items at the time of handing over the delivery of the Vehicle back to Royalpicks. Royalpicks shall not be responsible for any luggage and/or items left in the Vehicle by the Hirer and/or the co passengers
(7) If a third party lays claim to or detains the Vehicle or otherwise take any action in respect of the Vehicle, the Hirer shall take immediate action to ensure that the Vehicle is released from such detention and / or such claim is fully satisfied by the Hirer in that regard. If the Hirer loses legal or physical control of the Vehicle, the Hirer shall inform Royalpicks within four hours and if necessary, take appropriate measures to ensure recovering legal and physical control of the Vehicle. Royalpicks may take any and all actions in the interests of protecting its rights, not excluding action in the name of the Hirer. The costs incurred as a result of any action as stated herein are to be borne by the Hirer and payment shall for this cost shall be appropriated from the Security Deposit held by Royalpicks and if the Security Deposit amount fall short of payments due, then the Hirer or credit card holder hereby authorizes unconditionally to charge the required amount to the credit card of the Hirer or credit card holder.
(8) The Hirer hereby undertakes to abide by existing legislation pertaining to the use of Vehicle when a border is crossed. If, due to non-compliance with the foregoing, the authorities temporarily or permanently impound the Vehicle, all the costs, charges and expenses including fines, charges incurred / to be incurred to ensure that the Vehicle is released at the earliest , shall be borne by the Hirer.
(9) The Vehicle will be provided to the Hirer with a full tank filled in. The Hirer shall verify and confirm the same at the time of taking possession of Vehicle before commencement of the Hire Period. The Hirer shall return the Vehicle with tank full of fuel. If the Vehicles is returned with lesser fuel than required to make the tank full, then, the Hirer shall pay to Royalpicks the cost of the liters of fuel required to completely fill the fuel tank. The decision of Royalpicks in this regard shall be final in determining the number of liters required to completely fill the fuel tank. A10% refueling charge will be levied on the total refueling cost in case of fueling being done by Royalpicks, the charges for refueling along with service charge shall be deducted from the Security Deposit and /or any other credit balance or funds of the Hirer withRoyalpicks or any person.
(10) The Hirer shall take possession of the Vehicle from the pickup point specified in the Reservation Details.
(11) Upon completion of the Hire Period or the Extended Hire Period, as the case may be, the Hirer agrees to return the Vehicle to the agreed return location and on the date and time (unless extended with consent ofRoyalpicks) specified in the Reservation Details. If the Hirer desires to return the Vehicle at a different location within the same city then he / she shall be liable to pay the charges as stipulated in Schedule of Charges. Under no circumstances shall the Hirer attempt to return the Vehicle in a city which is different than the city in which the Vehicle was delivered to him / her. If he / she does so, the Hirer shall be liable to pay charges as stipulated in the Schedule of Charges
(12) The Vehicle shall be returned in the same conditions in which the Vehicle was taken at the time of commencement of Hire Period alongwith following,
with tyres, tools, accessories and equipments
Manufacturer Manual, warranties and other documents furnished by the Manufacturer in respect of the Vehicle.
Copies of registration certificate and the insurance policy (Car Documents).
keys (original) of the Vehicle and accessories of the Vehicle.
(13) If Hirer fails to handover any one or all of the above at the time of returning of the Vehicle, he / she will be liable to pay charges as stipulated in the Schedule of Charges and any incidental or ancillary thereto
(14) Cancellation Policy:
Where Hire Period is more than 1 day (24 Hours) : if the booking is cancelled 24 hours before the scheduled pick up time, no cancellation charges shall be applied, If the booking is cancelled within 24 hours of scheduled pick up time, charges equivalent to one day Hire Charges shall be payable/charged and if the booking is cancelled on or after the scheduled pick up time, it will be treated as No Show and 1 day rental will be charged as predetermined liquidated damages
Where Hire Period is less than 1 day (24 Hours) : if the booking is cancelled 24 hours before the scheduled pick up time, no cancellation charges shall be applied, If the booking is cancelled anytime between 6 hours to 23:59 hours prior to scheduled pick up time, charges equivalent to 50% of the contracted Hire Charges for the trip shall be payable / charged and if the booking is cancelled less than 6 hours before scheduled pick up time or on or after the scheduled pick up time, it will be treated as No Show and entire contracted Hire Charges for the trip shall be payable / charged
Where the Hirer does not pick up the Vehicle on scheduled pick up time after booking, the same will be treated as No Show and the entire advance amount shall be appropriated towards pre-estimated liquidated damages
(15) Please refer the Schedule of Charges for charges / penalties payable by you due to violation of usage of Vehicle or other non compliance of / adherence to terms not specified herein
Payment Terms :
(1) In consideration of Royalpicks providing the Vehicle to the Hirer on Hire (self-drive basis), the Hirer hereby unconditionally and irrevocably authorizes Royalpicks to debit his/her credit card, the details whereof are specified in Reservation Details for such an amount as may be decided by Royalpicks, which is sufficient to cover Hire Charges and Security Deposit for the Hire Period for which the Vehicle has been taken on Hire plus an additional amount equivalent to such percentage of the anticipated rental and other charges and expenses charged by Royalpicks as may be prescribed by Royalpicks from time to time which the Hirer may be liable to pay to Royalpicks pursuant to this Agreement
(2) The Hire charges, Security Deposit and other charges as specified in Schedule of Charges are excluding applicable taxes. The Hirer shall be liable to bear / pay all applicable taxes such as Value Added Tax, Services Tax or Goods and Services Tax, as the case may be, on charges and deposits
(3) The Hirer should possess a valid credit card. The Hire Charges should be paid by credit card only & the credit card should be in the name of the Hirer only. In case the Hirer uses any other person’s credit card to pay the Hire Charges, Security Deposit, damage & repair expenses or other costs whatsoever to Royalpicks it will be the Hirer’s sole responsibility and Royalpicks shall not be held responsible for any kind of claims by the credit card holder. The Hirer or Credit Card holder signature on this agreement or Reservation Details shall constitute authority for Royalpicks to compute and debit the final charges payable by the Hirer against the Credit Card and that Hirer or credit card holder shall not dispute or deny levy of pre-authenticated charges to credit card of Hirer or credit card holder
(4) Security Deposit: The Hirer shall be required to pay Security Deposit for an amount as indicated in Reservation Details by way of pre authorization from his or her credit card and the Hirer hereby authorizes Royalpicks to do the same. In case of any damage to the Vehicle, the cost of repairing any such damage shall be deducted by Royalpicks from the preauthorized amount subject to terms of this Agreement.
(5) Extension of the Hire Period: The terms of extension of the Hire Period shall be as under:
If the Hirer desires to extend the Hire Period as specified in Reservation Details, the Hirer shall be required to inform Royalpicks via designated email ID or telephone minimum 4 hours prior to the scheduled return time. Upon receipt of the request, Royalpicks shall ascertain possibility of extension and communicate to the Hirer within one hour of request. If Royalpicks confirms the availability of the Vehicle for aforesaid extension, then the Hirer shall be required to pay contracted Hire Charges for the extension period.
If however Royalpicks has advised the Hirer of non-availability of the Vehicle sought for the extension, then the Hirer shall return the Vehicle on original scheduled return time. If the Hirer fails to return the Vehicle on scheduled return time, he / she will be liable to pay Rs 300 per hour over and above the applicable per hour Hire Charges and the Hirer shall, without any demure or protest, pay the same
(6) Return of Security Deposit: Upon surrender of Vehicle, Royalpicks shall assist in refund of the Security Deposit held by way of release of blocked amount/refund to the Credit Card. The Hirer understands and agrees that release of amount blocked on his /her credit card as Security Deposit or the inadvertent charged amount on his/her credit card shall be released by the concerned bank. Royalpicks shall not have any responsibility for the delay in this regard and the Hirer shall have no recourse against Royalpicks in that regard.
Ownership of Vehicle :
The Hirer acknowledges that the Vehicle is and shall, at all time during the Hire Period, remain the property of Royalpicks. Subject to the compliance with the obligations of the Hirer as specified herein, the Hirer shall have the right to use the Vehicle during the Hire Period.
Insurance of Vehicle :
(1) Royalpicks shall cause the comprehensive insurance of the Vehicle and will ensure thatVehicle is insured at all times during Hirer Period.
(2) The Hirer shall not do or omit to do or be done or permit or suffer any act, which might or could prejudicially vitiate or affect the insurance of the Vehicle. Upon the happening of any such event that causes any damage, accident or loss to the Vehicle and/or its accessories, including but not limited to an accident, theft, damage caused by a fire explosion, self ignition or lightening, burglary, riot, earthquake, flood, hurricane, storm, tempest, cyclone, frost, malicious act and/or terrorist activity, the Hirer shall immediately notify to Royalpicks by telephone of such damage or loss relating to the Vehicle and shall confirm this in writing, within 4 hours of the occurrence of such event causing loss and/or damage to the Vehicle.
(3) The Hirer undertakes to facilitate the settlement of all cases of damage by providing the relevant information and taking all the steps required for this purpose. Without prejudice to the aforesaid, Royalpicks shall, at all times, retain the unequivocal right to initiate an investigation in the event of any loss occurrence.
(4) Without prejudice to the generality of the provisions contained above, in the event of accident including injuries / damages of the third party or Vehicle(s) OR theft of the Vehicle(s) or any part and/or accessory thereof, the Hirer shall within 4 hours report the same at its own cost to the nearest police station and shall obtain from such police station a copy of the first information report (FIR) and ensure that the Vehicle registration no, chassis and engine number are specified in the FIR.
Accidents (Partial or Total) & Theft of Vehicle :
(1) Accident: In case of any accident, in which the Vehicle is involved, during the Hire Period, the Hirer shall furnish to Royalpicks all details in connection with the accident asRoyalpicks may require and shall, if required, attend before the Court or any other authority to give evidence thereof
(2) Theft / Total Loss of Vehicle: In case of theft / total loss of the Vehicle during Hire Period, the Hirer shall be liable to bear damages as specified herein below:
Damage cost up to INR 6,000/- is to be paid by Hirer. In case damage is over INR 6,000, insurance claim will be filed and depreciation amount & parts which are not covered under insurance will be borne by the Hirer. In the event the Hirer found violatingRoyalpicks terms and conditions, the Hirer’s maximum liability of INR 6,000 as stated above will not be applicable. In such event, the Hirer shall be liable to pay actual damage cost. The assessment byRoyalpicks with regard to damage to the Vehicle shall be final. The Security Deposit paid by the Hirer shall be adjusted against such loss and/or damage.
(3) The replacement Vehicle shall be provided within the city limits only (subject to availability of similar segment in the city) and in all such cases where a vehicle develops mechanical error and restrains the Hirer from its use. In case, where the Vehicle develops such error outside the city limit, replacement vehicle shall not be provided. For replacement vehicle an amount equivalent to agreed rental will be charged. Royalpicks decision related to replacement vehicle shall be final.
(4) Notwithstanding anything contained herein, the Hirer shall be solely and fully responsible for the damages to the Vehicle which, in the opinion of Royalpicks/Insurer or its agents, has been caused willfully and/or is the result of rash and negligent driving or any other negligent/malicious act or driving of Vehicle under the influence of alcohol or violations of the term of usage as specified above or prohibited as per insurance policy and hereby agree to indemnify and keep indemnified and saved harmless Royalpicks from all and any losses, claims, damages, expenses and third party claims that Royalpicks might be put to/ may suffer/ incur in this regard. In addition to the above, the Hirer shall be liable to pay other charges as stipulated in the Schedule of Charges
Representations and Warranties of Hirer :
The Hirer represents and warrants that:
(1) He / she shall supply true, valid, authenticate and accurate the information and documents such as identity proof and address proof on or before commencement of Hire Period
(2) He / she shall not transfer, assign or otherwise dispose of or purport to transfer, assign or dispose of the Vehicle by way of mortgage, charge, sublease, sale or other assignment, hypothecation, pledge, hire, encumbrance, license or otherwise in any manner part with the possession of the Vehicle or any part thereof or allow or purport to do or allow or create any lien, charge, attachment or other claim of whatsoever nature on the Vehicle or any part thereof
(3) He / she shall not make any major additions/alterations to the Vehicle which affects the marketability of the Vehicle
(4) He / she shall use and operate the Vehicle in the manner specified in Manufacturer Manual and also ensure that the Hirer has valid driving licence to ply the Vehicle and keep the same effective and in force at all times during the period of thisAgreement and till the Vehicle is delivered back toRoyalpicks in good order and condition.
(5) He / she shall use the Vehicle for the purpose as indicated in booking request and specified in Reservation Details and shall not use it for any commercial or illegal activity or purpose which is prohibited by Indian laws
(6) He / She shall not breach any of the terms and conditions of thisAgreement either intentionally or unintentionally or endangered the Vehicle
Events of Default by Hirer :
An event of default shall occur hereunder if the Hirer :
(1) Fails to perform or observe any of the covenant, conditions ofAgreement to be performed or observed by him/her hereunder; or
(2) Is in breach of any representation or warranty as mentioned in hereinabove or they are found to be or have subsequently become incorrect
Remedies to Royalpicks :
In case of an event of default occurs,Royalpicks may without notice, repossess the Vehicle and for such purpose may enter upon the premises where the Vehicle may have been parked and remove / repossess the same and the Hirer shall be responsible for and indemnify Royalpicks against all actions, claims, costs and damages consequent upon or arising from such repossession and removal
Indemnity :
That Hirer shall indemnify and keep indemnified Royalpicks, its directors, officers, from and against:
(a) Any third party loss and/or damage/ claim caused by the Hirer during the Hire Period.
(b) Any third party property loss.
(c) Any loss, theft and damage caused to the Vehicle and/orRoyalpicks property during the Hire Period.
(d) Any claim and/or action as result of violation of laws, rules and statutes.
(e) Any loss and/or damages caused to Royalpicks consequent to any misrepresentation and/or fraud and/or breach of the terms and condition of this Agreement.
Miscellaneous Terms :
Administrative and Legal Reasons: Royalpicks cooperates with government and law enforcement officials and private parties and helps to enforce and comply with the law. Thus, Royalpicks may access, use, preserve, transfer and disclose any information (including personal information) provided by the Hirer to any government or law enforcement officials or private parties as Royalpicks may reasonably determine is necessary and appropriate:
(i))to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process;
(ii) to protect the safety, rights, property or security of Royalpicks, Royalpicks services or any third party% (iii) to protect the safety of the public for any reason;
(iii)to protect the safety of the public for any reason;
(iv) to detect, prevent or otherwise address fraud. Such disclosures may be carried out without notice to the Hirer.
Notice :
All notices, demands or other communications required to be given or made hereunder shall be in writing and delivered personally or sent by prepaid registered post or facsimile transmission, or email addressed to the intended recipient thereof at its address or facsimile number, email address given below or to such address or facsimile number or email address as any party may from time to time notify to the other party:
