Self-Drive Car Rental – Terms, Conditions, Damage & Insurance Policy (India)

1. Eligibility and Verification

The Customer must:

• Be at least 18/21 years of age, as per insurer requirements
• Possess a valid and original driving license (DL)
• Provide valid government-issued identification

The Company reserves the right to verify all documents and reject any booking at its sole discretion without providing reasons.

2. Booking, Security Deposit and Payment Security

• A refundable security deposit must be paid prior to vehicle handover.
• The Company reserves the right to adjust any dues from the deposit, including but not limited to:
  • Vehicle damage
  • Traffic violations and fines
  • Fuel differences
  • Late return charges

Cheque Security Authorization:

• The Customer may be required to provide a signed cheque as a security instrument.
• The Customer expressly authorizes the Company to fill in and present the cheque for recovery of any outstanding dues arising from this agreement.
• This authorization shall be governed by the provisions of the Negotiable Instruments Act, 1881.

Any amount exceeding the security deposit shall be payable immediately by the Customer. The Company reserves the right to initiate legal recovery proceedings in case of non-payment.

3. Booking Mode and Acceptance of Terms

These terms shall apply to all bookings, including those made via:

• Website
• Phone calls
• WhatsApp or other messaging platforms
• Offline or direct communication

The Customer agrees that:

• Verbal confirmation, message confirmation, or submission of documents constitutes valid acceptance of these terms
• Digital acceptance (checkbox, OTP, or electronic signature) shall be considered legally binding

4. Permitted Use and Restrictions

The Customer agrees to use the vehicle strictly for lawful purposes and shall not:

• Drive under the influence of alcohol, drugs, or any intoxicating substances
• Allow any unauthorized person to drive the vehicle
• Use the vehicle for racing, off-roading, commercial use (unless permitted), or illegal activities
• Sublease or transfer possession of the vehicle
• Operate the vehicle outside permitted geographical limits

Any violation shall result in:

• Immediate termination of the rental
• Full liability for all damages
• Voidance of insurance coverage
• Legal action as deemed necessary

5. Customer Liability for Damages

The Customer shall be responsible for all damages occurring during the rental period.

Minor Damages (up to ₹50,000 per incident):
Include but are not limited to:

• Scratches
• Dents
• Broken mirrors or lights
• Interior damage

The full cost of such damages shall be borne by the Customer.

6. Major Damage and Insurance Coverage

All vehicles are covered under a valid comprehensive motor insurance policy.

For damages exceeding ₹50,000:

• The Company may initiate an insurance claim at its discretion
• The Customer shall be liable for:
  • Insurance deductible/excess amount
  • Depreciation on replaced parts
  • Cost of non-covered components
  • Expenses arising due to policy exclusions, delays, or claim rejection

7. Insurance Claim Limitations

• A maximum of two (2) insurance claims per vehicle per policy year shall be permitted
• Any damage occurring after this limit shall be fully recoverable from the Customer, irrespective of amount

8. Total Loss or Theft

In case of total loss, theft, fire, or irreparable damage:

• The Customer shall be liable to pay:
  • The Insured Declared Value (IDV), or
  • Market value in case of claim rejection

Conditions:

• FIR must be filed immediately
• Full cooperation must be provided in claim processing

Failure to comply shall result in full financial liability.

9. Loss of Use (Downtime Charges)

If the vehicle is unavailable for use due to damage:

• The Customer shall pay loss-of-use charges
• Charges shall be calculated on a per-day basis equivalent to the standard rental rate
• Applicable until the vehicle is fully repaired and operational

10. Depreciation Charges

The Customer shall bear depreciation on replaced parts as per:

• Insurance company norms
• Applicable provisions under the Indian Motor Tariff

This applies even if an insurance claim is approved.

11. Traffic Violations and Penalties

• The Customer shall be fully responsible for all traffic violations during the rental period
• The Company may pay such fines on behalf of the Customer and recover the amount along with administrative charges

12. Fuel Policy

• The vehicle must be returned with the same fuel level as at the time of delivery
• Any shortage shall be charged at a rate higher than prevailing market rates

13. Late Return and Unauthorized Retention

• Late return charges shall apply as per Company policy
• Unauthorized extension or failure to return the vehicle may be treated as unlawful possession and may result in legal or police action

14. Breakdown and Customer Responsibility

• The Customer must immediately inform the Company in case of breakdown or accident
• Any breakdown arising from misuse or negligence shall be fully chargeable

15. Negligence and Insurance Voidance

Insurance coverage shall be void in cases including but not limited to:

• Driving under the influence
• Reckless or negligent driving
• Unauthorized use
• Illegal activities

In such cases, the Customer shall bear 100% of the damage and associated costs.

16. Indemnity

The Customer agrees to indemnify and hold harmless the Company from any:

• Third-party claims
• Legal liabilities
• Damages or losses arising from use or misuse of the vehicle

17. Limitation of Liability

The Company shall not be liable for:

• Loss or damage to personal belongings
• Indirect or consequential losses
• Injury or damages arising due to Customer negligence

18. Cancellation and Refund

• Cancellation and refund policies shall be defined at the time of booking
• Refunds shall be subject to applicable deductions

19. Governing Law and Jurisdiction

This agreement shall be governed by:

• The Indian Contract Act, 1872
• The Motor Vehicles Act, 1988
• The Negotiable Instruments Act, 1881

All disputes shall be subject to the exclusive jurisdiction of courts located in [City Name], India.

20. Entire Agreement

These terms constitute the complete agreement between the Customer and the Company and supersede all prior communications, whether oral or written.