This document is an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000 and does not require any physical, electronic or digital signature.


This document is a legally binding document which will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern terms and conditions for availing kabxi rentals and the use of the services offered through website www.kabxi.com and mobile application under the name and style of ‘kabxi’ (“website”).


Please read the terms and conditions in this document carefully before using or registering on the website or accessing any material, information or availing services through the website. If you do not agree with these terms, please do not use the website or avail any kabxi rentals or services being offered through the website.


VEHICLE RENTAL AGREEMENT

 

This Agreement is made and entered into between Lessor, and the lessee.

 

BETWEEN

The lessee is a natural or a legal person (hereinafter referred to as “Lessee” “customer” or “user”). These Terms of Service, include specific terms and conditions applicable to the Lessor and Lessee.

AND

The lessor, who is a natural or a legal person (hereinafter referred to as “Lessor” or “vendor”)

The Lessor and the Lessee shall be hereinafter collectively referred to as “Parties” and individually as the “Party”.

 

WHEREAS:

a.      The Lessor agrees and gives consent to Kabxi Booking Private Limited to lease the lessor vehicle on behalf of the Lessor on the Kabxi Booking Private Limited Platform and do formalities or sign for leasing purposes.

b.      The Lessor is the sole legal, beneficial, and registered owner of the Vehicle (details of which are captured in the Kabxi Booking Private Limited Platform).

c.       The Lessor had listed the Vehicle for leasing on the Kabxi Booking Private Limited Platform subject to Vendor terms and conditions.

d.      The Lessee, a user of the Platform, wishes to lease the Vehicle from the Lessor and the Lessor is willing to lease it to the Lessee, on the terms and conditions of this Agreement.

 

1.      Agreement to Lease

a.      Based on the covenants, assurances, and representations of the Lessee recorded herein, the Lessor hereby grants on lease and Lessee hereby takes on lease the Vehicle, subject to the terms and conditions of this Agreement.

b.      The Lessee expressly understands and agrees that this Agreement is a lease-only and all along the absolute and unencumbered ownership of the Vehicle for all intent and purposes, including for regulatory requirements under the MVA, shall remain with the Lessor. Nothing stated herein shall be construed to be a transfer to the Lessee of any ownership right, title, or interest in the Vehicle, or even a right to the Lessee to demand a such transfer. It is hereby clarified that during the Lease Term, the Lessee shall have the beneficial possession of the Vehicle as a Lessee according to this Agreement.

c.       During the Lease Term, the Lessee shall hold the Vehicle as a trustee of the Lessor and shall, at its expense, protect and defend the title of the Lessor in the Vehicle against creditors of or any person(s) claiming through the Lessee.

 

2.      Terms of Vehicle Usage

The Lessee hereby agrees and covenants that the Vehicle shall be used prudently and carefully solely for the Lessee’s personal use within the Permitted Territory and to that extent shall be driven only by the Lessee, in strict compliance with the requirements of the Applicable Laws (the “Permitted Use).

The Lessee further agrees and acknowledges that other than the Permitted Use, all other uses of the Vehicle including the usages listed below (by the Lessee and/or any other person(s) directly or indirectly acting through, authorized by, or on behalf of the Lessee), are strictly prohibited (the “Prohibited Uses”) and constitute a material breach of this Agreement:

a.      Commercial use for any purpose whatsoever including usage for transportation services (goods and/or passengers) involving hire and/or reward.

b.      For providing driving lessons.

c.      For sports, adventure, and/or participation in races, rallies, other competitive events, endurance tests, and similar events.

d.      For towing, pushing, or propelling any trailer or any other vehicle.

e.      For the commission of any crime, illegal and/or unlawful activity(ies).

f.       For storage of any combustible, noxious, or hazardous goods or any other good(s) which owing to its weight and/or structure adversely affect and/or damage the Vehicles, its interior, engine, and/or any of its parts thereto and/or any other vehicle(s), the person(s)/object(s) in the such vehicle and/or pedestrian(s) passing the Vehicle.

g.      Taking the Vehicle outside the Permitted Territory.

h.      Any use(s) or activity(ies) that puts the Vehicle at a greater risk of damage.

 

3.      Lease Term

The lease of the Vehicle to the Lessee shall be for a term commencing from the Delivery Date and shall end as per the booking end date as indicated in this agreement or the Kabxi Booking Private Limited platform. and includes extensions expressly provided herein (the “Lease Term).

 

4.      Delivery of the Vehicle

a.      On execution of this Agreement and subject to payment of Lease Rental by the Lessee to Kabxi Booking Private Limited. The Lessee shall take delivery of the Vehicle from the location or parking or office (the “ Designated Location ”) together with the Vehicle Key(s), documentation of the Vehicle, including the registration certificate, Vehicle Insurance policy, Pollution Under Control ( PUC ) Certificate, and other mandatory documents, if any, prescribed by the relevant authorities under Applicable Laws (the “ Vehicle Documentation ”) on the date and time mutually agreed by the Parties, as per the “Booking Start Date ”. In the event the Lessee requests for delivery of the Vehicle to the Lessee’s address/location, the Lessor may choose to deliver or arrange for the Vehicle to be delivered to the location notified by the Lessee with assistance from the Kabxi Booking Private Limited as per the delivery charge specified in the Fee Policy mentioned on the Platform. along with the Vehicle Documentation on the Delivery Date.

b.      The Lessee shall remain present in person to [take]/ [receive] the delivery of the Vehicle, produce his/her original driving license for inspection, and furnish copies of such driving license and an additional address proof document (voter ID, Aadhar Card, or valid passport) and sign the necessary documents (viz., delivery receipt) at the time of delivery, which will serve as evidence of delivery and acceptance of the Vehicle. Further, the Lessee shall inspect the Vehicle (exterior walk-around and an interior look-over of the Vehicle) before taking delivery and shall be deemed to have satisfied himself/herself as to its condition, fitness for Lessee’s personal use, and compliance with specified safety standards. Any fault/defect detected in the Vehicle thereafter shall be dealt with under the provisions of Addition, Maintenance, and Repair.

c.       100% upfront payment of base rental charge is payable at the time of vehicle delivery and security deposit. Additional Add-on charges, extra km, and penalties shall be payable at the time of the pick-up or repossession, or return of the vehicle.

 

5.      Lease Rental

a. instead of the lease of the Vehicle and related services hereunder, the Lessee shall pay to the Lessor a lease rental fee specified in the booking details (the “Lease Rental”) at the time of booking the vehicle in advance for the Lease Term through Kabxi Booking Private Limited Platform. 

b.      The Lessee hereby agrees and acknowledges that the Lease Rental comprises the charges towards (i) usage of the Vehicle for a pre-agreed mileage as specified in Booking details (“KM limit”); (ii) Platform usage fees; (iii) maintenance and repair cost; (iv) insurance/ trip protection charges; and (v) delivery charges, if applicable. In the event the usage of the Vehicle exceeds the Agreed Mileage, the excess mileage will be charged as per the rate specified in the Fee Policy. The difference between the actual usage i.e., lesser, or greater than the Agreed Mileage shall be determined and settled i.e., paid by the Lessee to the Lessor at the time of termination of the lease agreement.

c.      Lessee shall be liable to pay any outstanding Lease Rental or other charges accruing due to Lessee exceeding Agreed Mileage or otherwise and shall be chargeable under the Fee Policy and may also incur penalties or late payment charges for prolonged default in clearing such outstanding amount as mentioned in the Fee Policy. 

d.      Any other payments made by the Lessor on behalf of the Lessee about the Vehicle, under this Agreement or otherwise shall be promptly reimbursed by the Lessee to Lessor on receipt of written notice in respect thereof from the Lessor together with documentary proof of such payments or at the option of the Lessor, to set off against amounts, if any, from the Lessor to the Lessee.

e.      As security for the prompt and full payment for leasing of the vehicle and all other sums payable by the Lessee hereunder, and the faithful and timely performance of all provisions of this Agreement, and any extensions or renewals thereof, the Lessee shall deposit the Lease Rental in advance a sum more particularly described in the Fee Policy/booking details on the Kabxi Booking Private Limited platform (“Lease Rental”) with the Lessor through the Platform simultaneously with the execution of this Agreement. The same shall be payable through the Platform and shall be retained by the Platform until the vehicle is returned to the Designated Location on the Booking End Date.

  1. On the expiration or earlier termination of this Agreement and return of the Vehicle to the Lessor (except where the Vehicle is stolen or it is destroyed due to accident or damages), or any extension or renewal thereof, provided Lessee has paid all the Lease Rental and all other amounts payable by him/her hereunder and fully performed all other provisions of this Agreement.

 

6.      Theft, Accident, and damage.

Lessee will be solely responsible for safety measures/ precautions against any damage, accident, or criminal activity on/off the Vehicle, and subject to provisions of Insurance the Lessee assumes sole financial liability in respect of:

a.      in case the vehicle is damaged, destroyed, or stolen, however, caused, or occasion; and

b.      for all other risks and liabilities, including personal injury or death and property damage, arising concerning the Vehicle, howsoever arising.

 

The Lessee hereby agrees and acknowledges that under no circumstances shall the Lessor be held liable to the Lessee and/or any third party(ies) for any (I) any loss or damage that may be suffered by the Lessee or any third party(ies) arising from the above events or risks, howsoever caused, or occasioned; and (ii) indirect, incidental, special, or consequential damages arising from or related the use of Vehicle by the Lessee or his/her co-passenger or family members. 

In the event of damage, accident, or theft of the Vehicle or any part and/or accessory thereof, the Lessee:

 

  1. Lessee shall immediately inform, but in no event later than [2] hours from the occurrence of damage, accident, or theft, notify Kabxi Booking Private Limited or the Lessor of all details of the damage, accident, or theft with proof such as picture and video. In case, the lessee does not notify Kabxi Booking Private Limited or the lessor, the lessee shall be solely reasonable for accident, damage, or theft, and no insurance claim will be applicable.
  2. In the event of an accident due to reckless driving / over speeding (speed limit set by the Indian Govt. Authorities)/off-roading/rallies or under the influence of drugs and/or alcohol / Drinking & Driving is found, or in any case, the car has been damaged (Any Reasons Not Specified) the lessee or who so ever is driving, accepts total responsibility for the car damages/accidents/any third-party property & physical damages while driving and/or in the possession of the car. The lessee will not be entitled to claim any Insurance or Demand any kind of compensation whatsoever towards the lessor.

c.       In case of an insurance claim & Parts which are not covered under the insurance will be recovered from the User. The assessment of damage made by the Company will be final. The insurance claim is subject to Company’s discretion.

d.      accident or damage resulting in partial or repairable damages in the Vehicle, the Lessee shall be liable to continue to pay the Lease Rental under this Agreement, including for the period during which the Vehicle is deposited with any workshop for repair work.

  1. extend full support and cooperation to the Lessor in reporting the damage, accident, or theft to the nearest police station and obtain a copy of the first information report (“FIR”);
  2. in case of damage or accident, after filing the FIR and notifying the damage or accident Lessor, as per Lessor’s instruction take the Vehicle to the nearest workshop specified by the Lessor for repair or assessment of repairability.  In case of failure to fulfill its obligation, the Lessee shall be solely liable for all costs, damages, and/or consequences arising as a result thereof.
  3. theft, accident, or damage resulting in destruction/loss of the vehicle, the Lessee shall be liable to pay the monthly Lease Rental till the claim in respect of such theft, accident, or damage under the trip protection plan /insurance is settled by the insurance company. Thereafter, upon payment of the claim amount by the insurance company, the Lessor shall reconcile the accounts with the Lessee, subject to setoff or adjustment of all amounts that may be due from the Lessee to the Lessor under this Agreement.  
  4. In case of damage or accident, Lessee shall notify Kabxi Booking Private Limited immediately (by calling) and we will guide you through the entire process. We will coordinate with roadside assistance and insurance. Unless unavoidable, please do not leave the scene of the accident until proper support has arrived. You may be required to file/sign formality documents associated with the accident.
  5. In cases of collision or lessee failure, towing and impounding charges will be paid by the lessee. In cases of vehicle failure, towing and impounding charges will be paid by the lessor.
  6. In the event of damages, the lessee is liable to pay for the damage, if the damage estimate is less than Rs 40,000 (as estimated by an authorized dealership), but in case of damage estimate above Rs 40,000, lessor vehicle insurance shall be covering the damage cost of the vehicle. This is independent of the nature and terms of the insurance coverage that lessor has on the cars. In case of an insurance claim & Parts which are not covered under the insurance will be recovered from the User.

k.      In case of an Accident – a Min Security of Rs.10,000 to 40,000, will be kept a Hold on client’s Credit Card or the Security Deposit.

l.        In case of any accident, damage caused or for any reason whatsoever renter will not abandon the vehicle/car at any place but contact the Company representative and follow the instructions designed for client care and administration convenience in such an unforeseen circumstance.

  1. Clutch Plate, Pressure Plate, Gear Box Damages: It is the responsibility of the lessee to check all the proper working of the car when it is delivered. The lessee has the right to cancel or ask for a change in the car model in case the lessee finds any issue with the car in the first 2 hours of his rental period. In case of any damages to the Clutch plate, Pressure plate, or Gear Box the renter will be liable to pay for the total cost.

Please note that the damage liability policy is intended to benefit and protect the responsible user. In situations of irresponsible or unsafe or negligent usage, there could be discretionary exceptions to this policy, whereby the user could be liable for all damages irrespective of whether or not the lessor can claim insurance in such cases. Examples of such situations include, but are not limited to:

                   I.          When the lessee is not in compliance with the laws and/or with terms of the Kabxi Booking Private Limited User Agreement.

                  II.          When the lessee is found to be under the influence of alcohol/narcotics while driving.

                III.          When the lessee is over-speeding (i.e., above Kabxi Booking Private Limited prescribed speed limit of the road or 100 Kms/Hr, whichever is lower)

                IV.          When the lessee is in violation of traffic rules or of the Motor Vehicles Act (for example, if the user has not paid the inter-state tax while crossing a state border)

                 V.          When the person driving the vehicle at the time of the incident is found to be different than the one who made the booking.

                VI.          When the vehicle workshop and/or insurance company deem the damage to be consequential (this will be clearly stated in the accident report). Consequential damage occurs when the User continues driving the vehicle even when it is performing abnormally.

              VII.          When the number of people in the car at the time of the incident exceeds the standard seating capacity of the car

             VIII.          When there is a misrepresentation of information in the driving license and ID proof details shared by the user

                IX.          Where there is clear evidence of extremely rash and negligent driving on the user’s part

                 X.          Lessee shall pay the damage fee to the lessor or authorized service center in time. In cases of non-payment, Kabxi Booking Private Limited or lessor reserves the right of legal action (FIR), reporting to the credit bureau and reporting to other authorities or persons, irrespective of their direct relevance to the case.

Notwithstanding anything contained herein, in the case of an accident or damage resulting in partial or repairable damages to the Vehicle or in case of theft where the Vehicle is recovered before or after the claim amount under the trip protection plan/insurance is received from the insurance company:

 

a.      the Lessor may in its sole discretion depending on the condition of the Vehicle, opt not to continue the lease of Vehicle and terminate this Agreement under Clause 14.1 below and the Lessee shall be liable to promptly pay all unpaid dues under the Agreement to the Lessor, including without limitation the Excess Mileage Charges;

b.      the Lessee shall not be entitled to terminate the Agreement and where the Lease Term is about to expiry the same will stand extended, until the settlement of the trip protection plan/insurance claim and/or conclusion of the police investigation and/or proceeding(s) by any other competent authority(ies) concerning the damage, accident or theft of the Vehicle.

c.      For all accidental damage repairs carried out by the lessee, the repair work must be only done at company-authorized dealerships and the proper invoice from the same dealership should be submitted.

 

7.      Traffic Violation and Confiscation

a.      During the Lease Term and until the return of the Vehicle in good working order/condition to the Lessor, the Lessee is solely responsible for use of the Vehicle in compliance with traffic rules and regulations, including payment of toll charges. Accordingly, the Lessee shall be solely liable for all traffic violations involving the Vehicle during the aforesaid period (the “Traffic Violation”) and cost, penalty, fines, and/or charges imposed in respect thereof, including fines for late payment, toll evasion/ interstate taxes or any processing fees added by the relevant regulatory authority(ies). The Traffic Violation includes, but is not limited to, unauthorized parking, excess speeding, breaking red light, photo enforcement, and toll violations.

b.      The Lessee shall notify/report all Traffic Violations to the Lessor or Kabxi Booking Private Limited in writing together with all details, as soon as possible, not being later than 24 hours before the expiry of the period prescribed for taking necessary action in respect thereof under Applicable Laws (for example, if the case is being taken to court).  Thereafter, the Lessee shall forthwith pay the relevant fine/s to the authority concerned and provide Lessor with the proof of such payment. In the event the Lessee fails to do so, the Lessor shall have the right at its sole discretion to pay such amounts and the Lessee shall reimburse the Lessor for the same at the earliest.

c.      The Lessee shall also be responsible if the Vehicle is confiscated, seized, or impounded during the Lease Term and until the return of the Vehicle in good working condition to the Lessor, for any reason attributable to the Lessee (“Confiscation”). In such cases the Lessee shall notify/report the Confiscation to the Lessor in writing together with all details, as soon as possible, not being later than 24 hours before the expiry of the period prescribed for taking necessary action in respect thereof under Applicable Laws. The Lessee shall provide full support, assistance, and cooperation to the Lessor and then take all necessary steps/actions, to have the Vehicle released from the relevant authorities. In case the Lessor assists in the release of the Vehicle from Confiscation, including payment of fines, charges, penalty, and fees imposed by the relevant authority and all the costs and expenses incidental thereto. In the event the Lessee fails to provide its support and/or pay for the cost involved in having the Vehicle released from Confiscation, the Lessor shall have the right (at its sole discretion) to take necessary steps to secure the release of the Vehicle at its own expense. In such cases, the Lessee shall promptly reimburse the Lessor for all costs/expenses incurred for the release of the Vehicle.

d.      Notwithstanding anything to the contrary stated herein, in case of Confiscation (i) if the Lease Term is about to expire before the release of the Vehicle, the Lease Term will stand extended under the terms of this Agreement; and (ii) the Lessee shall not be entitled to terminate the Agreement until the Vehicle has been duly released, fines/charges/conditions, if any, imposed for the release of Vehicle by the relevant authorities have been paid or satisfied/fulfilled and necessary documentary evidence reflecting conclusive disposal of the matter is received by the Lessor.

 

8.      Insurance

a.      The Vehicle Insurance will provide vehicle and third-party liability protection, which will be to the extent of claims/liabilities covered by the Vehicle insurer on the Vehicles for any/ all claims and/or liabilities arising during the use or operation of the Vehicle by the Lessee.

  1. The liability protection under the Vehicle Insurance applies to the vehicle and third-party bodily injury, death, or property damage, other than to the Vehicle, arising from the use of the Vehicle as permitted by this Agreement and Applicable Laws. Any such protection excludes any claim made by the Lessee or co-passenger or Lessee’ or co-passenger’s immediate family members who permanently live with the Lessee or were traveling with the Lessee at the time of the incident. This obligation may be limited to the extent the Vehicle Insurance’s coverage applies. The Lessor shall in no event be liable to the Lessee and/or the co-passenger(s) for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to the Vehicle, its use, or this Agreement.
  2. In the event, that the claim has been denied by the insurance company, the lessee stands solely responsible to pay for the damages and the total downtime charges required for the repairs.
  3. In case of damage, theft, or destruction or any damage total or partial of the Vehicle during the Lease Term and until the return of the Vehicle to the Lessor in good working condition, subject to the Lessee fulfilling its obligations in respect thereof under traffic violation and confiscation above, the Lessee shall be liable for any costs that may be incurred for rectification/repair of the Vehicle due to such damages.
  4. In case of a total loss or theft, the Lessee shall promptly notify Kabxi Booking Private Limited and the Lessor of the same and shall assist the Lessor in the filing of the complaint (in case of theft) or invoking such insurance claims by providing all required documentation and details of the accident or damages to ensure that the Lessor may effectively administer the claims from the insurance company, and extend full support and cooperation to the Lessor in reporting the damage, accident or theft to the nearest police station and obtain a copy of the first information report (“ FIR ”). In case of non-cooperation or not notifying Kabxi Booking Private Limited or the lessor, the lessee shall be hail liable for loss or theft.
  5. Lessor’s and Kabxi Booking Private Limited’s decisions in that regard shall be final and binding on both Parties. In cases where the Lessor decides not to file the claim, repair expenses shall be borne by the Lessee. except in cases of theft, total loss, and/or situations where the Lessor is unable to claim insurance due to actions (or lack thereof) attributable to the Lessee.
  6. The expenses associated with (a) any risks and ensuing damage to the Vehicle, which are not fully covered by the Vehicle Insurance; (b) risks which are not borne by the Lessor in terms hereof shall be borne by the Lessee. Accordingly, the Lessee shall pay to the Lessor the amount of loss and/or damage not paid under the Vehicle Insurance and be liable for the following:

                 i.          Damage to the Vehicle: The difference, if any, between the actual amount incurred in repairing the damage to the Vehicle and the amounts recovered/to be recovered under the Vehicle Insurance.

                ii.          Theft/total loss of the Vehicle: (a) The shortfall between the claim amount received under the Vehicle Insurance, and the book value of the vehicle at the time of its theft/total loss; (b) if usage of the Vehicle at the time of its theft/total loss exceeds the Agreed Mileage, the charge of the excess mileage incurred as per the rate specified in the Fee Policy ; (c) other cost/expense incurred by the Lessor for or in respect of assessment loss suffered by the Vehicle and possibility of its restoration; and (d) other charges, if any, remaining unpaid by Lessee under this Agreement.

h.      Notwithstanding the above, in case the insurance claim for damages/loss to the Vehicle under the Vehicle Insurance is repudiated or not admitted by the insurance company due to the mishandling/ negligence/ fault/ rash driving/ any other illegal and unlawful use of the Vehicle by the Lessee;  or any third-party claims rejected due to negligence/ misconduct/ rash driving/ other unlawful or illegal act on part of the Lessee causing irreparable damage, the Lessee shall be solely liable to incur all the related damages, losses, costs and expenses.

 

9.      Addition, Maintenance, and Repair

a.      The Lessor shall through its authorized agent/service provider (“Authorised Service Provider”) perform the necessary and required routine maintenance on the Vehicles and upon request from the Lessor, the Lessee shall provide to the Authorised Service Provider all details on the Vehicle’s usage, including the reading of the distance indicator (“Odometer”), tire quality and battery condition of the Vehicle. Any defect/discrepancy in the Odometer shall be duly reported by the Lessee to the Lessor to ensure the mileage is being duly recorded.

b.      All repair or maintenance of the Vehicle, including shall be undertaken by the Lessee subject to the provisions of Insurance under the terms of this Agreement or with prior written consent/confirmation of the Lessor.

c.       Subject to requirements of Clause 8.2 above, all incidents requiring repair of the vehicle must be reported to the Lessor and under the Lessor’s instruction taken to the workshop for repair. The Lessee shall be responsible to pay for towing, repairs, and other expenses if the incident results from a breach of this Agreement and use of the Vehicle by the Lessee in violation of terms of this Agreement and its user manual.

d.      All parts and accessories that are replaced or added to the Vehicle during the Lease Term and until the Vehicle is returned to the Lessor shall be the sole and exclusive property of the Lessor and the Lessee shall not have any rights in respect thereof, including the right to be compensated therefor.

 

10.   Obligations of the Lessee

During the Lease Term and until the return of the Vehicle to the Lessor in good working condition, the Lessee shall:

a.      at his expense maintain the cleanliness, condition, and appearance of the Vehicle in as good an operating condition as it was on the commencement date of the Lease Term. Any liability arising out of not conforming with this requirement shall be solely to the cost and account of the Lessee.

b.      use the Vehicle only for the Permitted Use in conformity with the owner’s manual instructions provided as part of Vehicle Documentation, applying the same degree of care when using the Vehicle as would ordinarily be exercised if it belonged to the Lessee and shall strictly refrain from:

               I.           Prohibited Use of the Vehicle;

              II.          an imprudent, negligent, abusive, or abnormal use of the Vehicle;

             III.          driving the Vehicle under the influence of drugs, alcohol, or any other substance or intoxicant;

            IV.          driving in contravention of speed limits as prescribed by the competent authority.

              V.          permitting the use of Vehicle by other people (s) and/or selling, transferring, alienating, assigning, licensing or granting/creating any rights or interest, of any nature whatsoever, over the Vehicle;

            VI.          driving the Vehicle outside the Permitted Territory;

           VII.          burning any substance including tobacco, incense, etc. inside the Vehicles;

         VIII.           use of tobacco, cigarettes, cigars, and alcohol inside the Vehicle;

             IX.          transportation of animals in the Vehicle;

              X.          transporting more passengers than the prescribed seating capacity of the vehicle by the manufacturer of the Vehicle;

             XI.          use of the Vehicle for any kind of activity by any person which will affect the normal conditions or materially impair its value and/or use;

           XII.           any unreasonable, unwarranted, illegal, unethical, or inappropriate use of the Vehicle;

c.      Maintain a valid driving license and keep it effective and in force at all times during the subsistence of this Agreement and till the Vehicle is delivered back to Lessor in good working condition as per the requirements of this Agreement;

d.      take all necessary actions to duly secure the Vehicle from external factors while parking it or leaving it parked, including human or general known adverse weather conditions, by closing its windows and locking the Vehicle either by way of the central locking system or manual locking, as the case may be;

e.      not tamper and/or remove the In-Vehicle Devices and in case the Lessee removes or otherwise tampers the devices, pay to the Lessor the actual cost of the In-Vehicle Devices.

f.       Lessee must report immediately to Kabxi Booking Private Limited, in case of vehicle damage or accident, with picture proof. In case of not reporting damage or accident, the lessee will be liable to pay for all the damage and accident costs and no insurance claim will be applicable.

g.      Lessee shall not modify or repair the vehicle.

h.      allow the Lessor or his/her representatives to inspect the Vehicle at all reasonable times with prior notice of at least 4   hours to inspect the Vehicle and the In-Vehicle Devices and shall grant reasonable access to the premise where the Vehicle is kept for such inspections;

i.       deliver the Vehicle at the end of the Lease Term or on earlier termination of the Agreement at such address as the Lessor requires, or if necessary, allow Lessor or its representatives access to the site or any premises where the Vehicle is located to remove the Vehicle;

j.       keep the Vehicle free from any liens, claims, charges, and encumbrances, of any nature whatsoever;

k.      keep the Lessor fully informed of all material matters relating to the Vehicle and/or Lessor’s right/title/interest in the Vehicle;

l.       maintain effective control of the vehicle and keep the Vehicle in a secure and suitable environment when not in use;

m.    Promptly notify the Lessor or Kabxi Booking Private Limited in case of any expiration, suspension, or revocation of his/her driving license, or any tickets/citations/conviction related to any Traffic Violation, including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving.

n.      not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations, or repairs to the Vehicle, except as expressly provided under this Agreement;

o.      comply with the terms of this Agreement and Applicable Laws. This includes, rules or regulations relating to the use of seat belts, permitted speed/weight limit, child restraint, and instructions relating to the same being displayed/ communicated by the authorities through marks or signboards;

p.      not do or permit to be done anything which could invalidate the Vehicle Insurance or the trip protection plan/insurance;

q.      ensure the safekeeping and presence of the Vehicle Documentation in the Vehicle. If these documents are lost or stolen, the Lessee will bear the cost of obtaining duplicates and/or the inconvenience fee and the same shall be remitted to the Lessor along with all other charges for damages and Lease Rental as payable to the Lasso.

 

11.   Representations and Warranties

The Lessor hereby represents and warrants to the Lessee that:

a.      Lessor is the sole legal and registered owner of the Vehicle;

b.      Lessor has the full legal right, capacity, power, and authority to enter into and execute this Agreement, be contractually bound by and comply with all rights and obligations contracted under this Agreement;

c.       There are no actions, investigations, or other proceedings of any nature whatsoever, by any governmental authority or a third party against the Lessor, which would restrain, prohibit, or otherwise challenge the lease of the Vehicle to the Lessee as contemplated by this Agreement. Further, the Lessor also represents that there are no pending insurance claims and/or other ongoing litigations, legal claims, or any other claims that may arise in tort or law at the time of listing the Vehicle

The Lessee represents and warranties to the Lessor that:

a.      Lessee is above the legal driving age requirement and has a valid driving license for the use and operation of the Vehicle under requirements of Applicable Laws;

b.      Lessee the full legal right, capacity, power, and authority to enter into and execute this Agreement, be contractually bound by and comply with all rights and obligations contracted under this Agreement; and

c.      there is no action, investigation, or other proceedings of any nature whatsoever, by any governmental authority or a third party against the Lessee, which would restrain, prohibit, or otherwise challenge the transaction as contemplated by this Agreement.

 

12.   Termination

The Lessor may terminate this Agreement at any time, by canceling the booking. The cancellation by Lessee is subject to certain charges that the Lessee may incur and are more particularly described in the Fee Policy. Provided that the Lessor shall be entitled to terminate this Agreement immediately with written notice to the Lessee at any time during the Lease Term, including the Lessor Lock-in Period in the following cases:

a.      The Lessee refuses and/or is unable/unwilling for any reason to accept delivery of the Vehicle under the Lease Rental above.

b.      Prohibited Use of the Vehicle by the Lessee or any other third party during the Lease Term;

c.       Lessee ceasing to hold a valid driving license, for any reason whatsoever and/or Lessee’s driving license being revoked, detained, impounded, and/or suspended by concerned authorities;

d.      failure by Lessee to abide by the terms of this Agreement and/or observe the covenants or fulfill his/her material obligations hereunder;

e.      the Lessee is placed in mandatory liquidation or has a receiver or other administrator appointed in respect of his/her assets;

f.       in case of an accident or damage of the Vehicle, resulting in partial or repairable damages in the Vehicle, or in case of theft where the Vehicle is recovered before or after the claim amount under the trip protection plan/insurance is received from the insurance company;

g.      the Lessee is entering into or proposing to enter into any arrangement for the benefit of its creditors. In case of termination of this Agreement on account of expiry of the Lease.

a.      the Lessee shall pay to the Lessor, the outstanding Lease Rental (together with all late payment/charges thereon) and other unpaid sums/charges/costs payable by the Lessee under this Agreement, including without limitation the payables under;

b.      the Parties shall be regarded as discharged from any further obligations under this Agreement. Provided that termination and/or expiry of this Agreement shall not relieve either Party of any obligation or liability accrued before the date of return of the Vehicle to the Lessor.

c.      the Parties shall be entitled to pursue any additional or alternative remedies provided by law or equity.

 

13.   Repossession/Return of the Vehicle

Upon the expiry of the Lease Term, or earlier termination of this Agreement (except termination of the Agreement on account of theft or destruction/loss of the Vehicle), the Lessee shall, at its own cost and expense, and without any delay, return the Vehicle with the Vehicle Documentation, Vehicle’s key, key fob, in-Vehicle Devices and other starting devices to the vehicle in its designated position in the Vehicle at the Designated Location. The Lessee agrees and covenants that at the time of its return the Vehicle shall be in almost the same order and condition, as the Vehicle was at the time of commencement of the Lease Term, except for normal wear and tear, as per the guidelines set out under (“Vehicle Condition Guidelines”) appended in this Agreement.

In case,

  1. the Lessee does not return the Vehicle within the specified period, the Lessor (directly or through its Authorised Service Provider) shall be entitled to take necessary steps to repossess the Vehicle after giving reasonable notice to the Lessee and the Lessee hereby irrevocably authorizes Lessor and its Authorised Service Provider to take physical possession of the Vehicle as aforesaid. In such cases, the Lessee shall be liable to pay the late return penalty specified in the Fee Policy till the date the Vehicle is returned to or repossessed by the Lessor as also the costs, expenses, charges, etc. incurred by the Lessor for repossession of the Vehicle;
  2. damage to the Vehicle at the time of the return, other than excepted wear and tear as per the Vehicle Condition Guidelines. In such cases, the Lessee shall be liable to a pay penalty for such damages, all the costs, expenses, charges, etc. incurred by the Lessor to restore the vehicle to its original condition.
  3. the Vehicle is returned, but its key, key fob, in-Vehicle Devices, other starting device to the Vehicle, or any component(s) of the Vehicle, including the accessories fitted as original equipment on the Vehicle (except where the components are replaced or repaired during the Lease Term under this Agreement) and/or any of Vehicle Documentation, is missing, the Lessee shall be charged with inconvenience fee and or penalty/ cost of replacement for such parts and documentation as may be provided in the Fee Policy. The Lessee shall also remain responsible for the payment of charges against the usage of the Vehicle during such period.
  4. The actual usage of the Vehicle by the Lessee exceeds the Agreed Mileage, the excess mileage charge as per the rate specified in the Fee Policy shall be paid by the Lessee to the Lessor.
  5. The lessee should return the vehicle to the lessor with a clean interior, in case of an unclean interior a lessee should be charged extra for the maintenance and cleaning of the interior.
  6. In the event, the lease does not return the vehicle after the completion of the rental period or ignores or loses contact with Kabxi Booking Private Limited, the lease authorizes Kabxi Booking Private Limited to launch an official Police FIR & Criminal Case. The total expenses of all the legal proceedings will be borne by the client/renter.

 

14.   Confidentiality

a.      The Parties agree that there will be sharing, and exchange of confidential personal and sensitive personal information between them. To safeguard such information each party (“Receiving Party”) agrees to protect the confidential information of the other party (“Disclosing Party”) received by it hereunder as the Receiving Party would protect its own, or any diligent person or entity would protect the information of this nature.

b.      The Receiving Party agrees to use the confidential information only for the purpose and in the performance of its rights and obligations under this Agreement.

c.      The obligation not to disclose confidential information shall survive notwithstanding the termination of this Agreement and at no time will either Party be permitted to disclose confidential information of the other party, except to the extent at or after the time of disclosure or acquisition, the confidential information is in the public domain in the form supplied otherwise than through a breach of this Agreement by the Receiving Party.

 

15.   Indemnity

a.      The Lessee shall indemnify and hold harmless the Lessor and the Authorised Service Provider against all costs, charges, expenses, losses, damages, liabilities, or claims suffered by the Lessor directly or indirectly, on account of any willful default, misconduct, negligence, fraud, violation of Applicable Laws or any breach of the terms of this Agreement by the Lessee.

b.      Lessee’s obligation to indemnify the Lessor hereunder shall survive the expiration, cancellation, or termination of this Agreement. The Lessee waives any immunity Lessee may have under any Applicable Law from its obligation to indemnify the Lessor under this Agreement.

 

16.   Miscellaneous

a.      Min. age to avail self-drive car rental 24.

b.      At the time of delivery/Pick-up, lesser have to provide the original Driving license and address proof (aadhaar card, voter id card, or passport) for verification, If the User does not present the above documents in original at the time of obtaining delivery of the Vehicle, the lessor or Kabxi Booking Private Limited shall be entitled to refuse the delivery/pick-up of the vehicle and cancel the booking.

c.      A driving license must be at least 1 year old, at the time of booking.

d.      Cost of fuel to be entirely borne by the lessee, the vehicle should be returned with fuel at the same level as at the start of the booking. If the vehicle is returned with lesser fuel than the fuel level at the start of the trip then a refueling penalty is applicable.

e.      Lessee is allowed to drive the vehicle up to a maximum speed of 100 km/hr. beyond which the Vehicle will be considered over-speeding, a penalty shall be charged in every instance.

f.       The cost for any traffic rule violation during the Period will be borne by the User directly. The User shall follow all the rules and regulations under applicable laws while driving the Vehicle, including applicable speed limits.

g.      Lessee shall not use the vehicle to carry pets, firewood, or any other object which can annihilate the upholstery/any of the vehicles. In such an event, the lessee will be charged the actual cost of repairing/cleaning of interior/exterior of the vehicle.

h.      Our prices include the rental charge, insurance, and Tax.         

i.       Cost of fuel to be entirely borne by the lessee, the vehicle should be returned with fuel at the same level as at the start of the booking. If the Vehicle is returned with lesser fuel than the fuel level at the start of the trip then a Refueling penalty will be.

j.       In case of any loss, during the trip, Kabxi Booking Private Limited and lessor shall endeavor to locate the lost luggage/belongings on a “best-effort” basis but Kabxi Booking Private Limited and lessor shall not be held responsible for such loss or damage

k.      All payments under this Agreement, including without limitation the Lease Rental and the Damage charges shall be made through Kabxi Booking Private Limited.

l.       Lessee shall avoid bad terrains (especially in non-SUV cars) and areas affected by civil unrest.

m.    Notices, demands, or other communication required or permitted to be given or made under this Agreement, shall be in writing and delivered personally or sent by courier or by email to the intended recipient at their address outlined in this Agreement, or to such other address or email address, as either Party may from time to time duly notify to the other.

n.      This Agreement shall be governed and construed under the laws of India and the courts of Nagaland shall have sole and exclusive jurisdiction in case of any disputes, claims, and questions arising under or according to this Agreement. In case of any change in Applicable Laws that affects the terms of this Agreement, the Parties agree that the Agreement may be reviewed, and if deemed necessary by the Parties, renegotiated in good faith.

o.      Any amendment of or modification to this Agreement shall be effective only if mutually agreed in writing and executed by a duly authorized representative of each Party.

p.      Kabxi Booking Private Limited encourages all its customers to take full responsibility for their luggage/belongings. In case of any loss, during the journey, Kabxi Booking Private Limited or lessor shall endeavor to locate the lost luggage/belongings on a “best-effort” basis but shall not be held responsible for such loss or damage.

q.      Vehicles may be continuously tracked by Kabxi Booking Private Limited using GPS and a dashcam for security reasons.

r.       Any tolerance by any Party concerning the anticipation or delay in the performance of the obligations assumed by the Parties will not constitute novation, amendment, or a waiver of any term outlined in this Agreement.

s.      Customers are not allowed to modify booking after delivery of the vehicle, in case of modification of bookings or extension of date an additional charge is applicable.

t.       As a general rule, Kabxi Booking Private Limited does not allow the Vehicle to be used to carry pets, firewood, goods, or any other object which can annihilate the upholstery and interior of the vehicle. In such an event, the User will be charged the actual cost of cleaning the interior of the vehicle.

u.      For rentals, the minimum booking duration is 24 hours/1 day, and the maximum is up to 10 days.

v.      In case of a late return, a late fee or extension fee is charged. Please refer to our price tariff.

w.    In case of km limit exceeds, an extra km fee is charged. Please refer to our price tariff.

  1. ROADSIDE ASSISTANCE (RSA) – Kabxi Booking Private Limited provides RSA round the clock and is served within the city limits of Kohima and Dimapur town. Any service required for the served area of the city limits (Cost of Driver + Towing + Backup car rental) would be charged at actuals.
  2. Mon, Longleng, Tuensang, Shamator, and Kiphire regions are restricted areas, upon entering a prohibited area a 100% surge price on rental cost shall be applicable.
  3. It is the responsibility of the lessee to check all the proper working of the car when it is delivered. The lessee has the right to cancel or ask for a change in the car model in case the lessee finds any issue with the car in the first 1 hour of his rental period.            

Please read each of Governing terms and conditions carefully to ensure that you understand each provision, if you do not agree to any of its terms, please do not avail of the services, the Governing terms and conditions take effect when you agree and sign with these terms.