Terms & Conditions
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BETWEEN M/s Leisstung Motarraad Pvt. Ltd., a company incorporated in India and having its registered office at No. 7174, Prestige Shantiniketan, ITPL Main Road, Mahadevpura Post, Whitefield, Bangalore – 560 048, (hereinafter referred to as "" which expression shall, unless repugnant to the subject and context mean and include their successors, authorized representatives, permitted assigns and nominees) of the First Part And the Hirer (whosoever takes on hire the select model of scooter(s) from the list scooter(s) owned and operated by Howdyy, hereinafter known as the Property). Howdyy and Hirer are collectively referred to as "Parties" and individually as "Party". These terms and conditions govern all the regulations, rights, terms and conditions between the Parties. The term Hirer means 'You' and, unless repugnant to the context or meaning thereof deemed to include Riders of the Property as authorized by you, your executors, administrators, legal representatives and assigns. The terms and conditions of usage of Howdyy is as displayed on our website, iOS and android application.
If Hirer is not the Rider of the Property, it is Hirer's obligation to ensure that the Rider of the Property shall follow the terms strictly. Any failure from the Rider to follow the terms and conditions shall make the Hirer liable.
If Howdyy notices at any time that the Hirer/Rider, has committed or convicted or has pending charges or allegation of commission of offences, be it traffic norms or any other offences, then Howdyy can terminate the agreement and decline to offer any of our services and take back possession of the Property at any point of time.
By accepting the terms and conditions, Hirer/Rider will be legally bound to follow all the below mentioned terms and conditions during the subsistence of hirewith Howdyy. Without acceptance of the terms and conditions, Howdyy shall not be able to give on Hire any Property.
PREAMBLE
WHEREAS Howdyy is a company in electric mobility segment and is in the business of providing electric scooters on hire. The intent and purpose of Howdyy is to reduce CO2 emission and reduce environment pollution.
WHEREAS the Hirer is interested to avail the services and take on hire an electric scooter and he/she has filled the online form containing his address and contact details, and uploaded/or agreed to provide the identity proof, and other required details as mentioned below. The Hirer has selected the make of the electric scooter (hereinafter referred to as the "Property"). Hirer has chosen the expected time of Hire, Date of Hire, and filled/ selected the property in application/Booking form/ Application. Hirer agrees for the tariffs and rates as stipulated. The Property covers insurance for the risks listed in the Insurance policy taken by Howdyy.
HIRER (1)
(1.1) The Hirer of the vehicle shall be considered to be the user and all transactions will be executed solely between the Hirer and Howdyy.
(1.2) Howdyy reserves the right to make any necessary changes in the terms and conditions of the agreement without any prior notice. In the case of any alterations to the agreement, the user will be notified through on the Howdyy website or Mobile Application. An email will also be sent to the Hirer.
(1.3) It is considered that a user has read and agreed to the terms and conditions at the time of booking the Property. A booking is confirmed once the payment has been processed and any such payment is considered an agreement by the respective Hirer to abide by the terms and conditions mentioned herein. In case a Hirer is found to violate any criteria listed in this terms and conditions, Howdyy may revoke his/her membership and/or refuse service without any prior notice.
REGISTRATION (2)
(2.1) It is mandatory for every Hirer to register on our website or through our iOS and android application on a mobile device. Hirer are responsible for providing and maintaining current email, cell phone, address, and other account information at the time of registration. A Hirer will be permitted to book a Property only after he/she has obtained a registered account on the Howdyy website or mobile application.
(2.2) The Hirer must be minimum 18 years of age and should have a valid driving license issued by the Regional Transport Office. Howdyy retains the right to refuse hire of the Property to any applicant, at their sole discretion.
(2.3) The Hirer shall furnish a security deposit of INR 10,000/- (Indian Rupees Ten Thousand Only) to the Howdyy against the property. The security shall be deposited by the Hirer in the bank account of the Howdyy and the bank details shall be provided by the Howdyy at the time of handling the vehichle to the Hirer. That the security deposit will be refundable at the time when the property is handed back to the Howdyy subject to deduction, if any, amount pertaining to any penalty and liabilities incurred by the Hirer on the Vehicle is pending.
(2.4) Howdyy Property should be ridden only by Hirer/Rider. If a person is not registered on Howdyy as a member, he/she will not be allowed to ride the Property. By accepting the Terms and Conditions, the Hirer authorizes Howdyy to verify the documents submitted, if required.
PERSONAL INFORMATION AND DOCUMENTS (3)
(3.1) The Hirer must upload a scanned image or a photograph of his/her license on our website or application. Only Documents issued by the Government of India such as Original Driver’s license, Aadhaar card, Passport, etc. will be considered as valid ID proof.
(3.2) If a Hirer is unable to verify his/her identity, the booking shall be considered void. The possession of vehicle will not be granted to a Hirer in case he/she fails to meet the above requirement.
(3.3) A photograph(s) of the Hirer and the documentation that he/she provide will be taken at the time of vehicle pick-up, for security purposes. This is to avoid cases of fraud & theft. These photographs will not be shared with any third parties and will only be used for identifying the user under the purview of the trip that they take with Howdyy. This shall be the requirement at the time of first registration and not for subsequent hires.
ASSURANCE BY THE HIRER (4)
(4.1) It is agreed that all risks associated during the custody of the Property is with Hirer. It is more specifically agreed further that, in cases where Property is used in a manner which is not permitted under law or is in violation of any law, Hirer should assume absolute liability and indemnify Howdyy from all statutory and other liabilities cast upon him.
TERMS OF USAGE (5)
The Hirer shall abide by the following:
(5.1) The Property shall be used in compliance with the Motor Vehicle (Amendment) Act, 2019, rules, notifications, and other general laws.
(5.2) The Rider of the Property will have a valid driving license and a copy of the driving license of the Rider will be provided to Howdyy.
(5.3) Rider shall follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act. Hirer is aware of the rules framed under the Motor Vehicle Act and refrain from;
(5.3.1) Ride with more than one person as pillion.
(5.3.2) Using or riding the property under the influence of alcohol or drugs or any other substance which, when taken into the body, alters the body's function either physically and/or psychologically.
(5.3.3) Ride while using electronic gadgets like radio/ music, video, camera, phone by the rider or the pillion.
(5.3.4) Using of property for transportation of illegal substances which is banned by the law of the land, in general with any amendments made thereto by the State of Karnataka and transporting or carrying of any flammable, poisonous or otherwise hazardous substance.
(5.4) 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 Hirer has to pay all the fines/penalties. If any case is registered by the police authorities against Howdyy, being the owner or permit holder of the Property, the Hirer has to compensate Howdyy all costs, fines and legal fees incurred.
(5.5) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, Howdyy shall not protect the Hirer from any loss or damage to the Property, 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.
(5.6) The Property shall not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law.
(5.7) The Property shall be returned at the time and date mentioned at the time of taking delivery of the Property without any damage.
(5.8) If there is any damage to Property, Howdyy can charge the amount equal to cost of the property/cost of repairing the Property that is not covered by the Insurance Company and additionally loss of revenue, if any to Howdyy. In the event of an accident, Howdyy shall claim Insurance only if the estimated damage is more than Rs. 2000 /- and less than the No Claim Bonus. The Hirer shall be liable to pay the full value of damages, if it is below the said limits. In case of the damage being more than the said limits, the Hirer has to pay a deposit of Rs.10,000/- and Howdyy shall claim Insurance and the differential amount between the amount settled and the Invoice amount shall be adjusted from the above deposit. The Hirer shall also be liable for loss of rental during the period the Property was under repair. 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 accident. The Hirer on return of the ride shall also provide a crossed cheque in the name of M/s Leisstung Motorraad Private limited which shall be used to settle the amount that is not approved by the Insurance Company and Loss of Rental. The Hirer shall not issue stop payment request to his banker on such cheque issued. The Cheque will be returned if the Hirer chooses to settle in any other mode of payment.
(5.9.1) The Property shall be dropped at the agreed drop location at the time of taking delivery. Any deviation from this will lead to a penalty. Also, Property should be utilized within the jurisdiction of the Bruhat Bengaluru Mahanagara Palike and not be used outside the stipulated jurisdiction. Any Property dropped outside these limits or at a place other than the agreed drop point, will entail a penalty of upto, Rs. 5000/-. If the Hirer, if for any reason takes the Property beyond the jurisdiction and in an unforeseen eventuality of any untoward incident occurring/accident, during such prohibited usage, the same shall be at the cost, risk, consequences of the Hirer.
(5.9.2)For hourly rentals, the Property can be used only in the area selected at the time of booking.
(5.10) All accidents and damages to the Property and the cognizance taken thereof by registration of FIR, summons or notices issued by police or by Court in relation to acts, while the Property was under the custody of the Hirer shall be intimated within one Hour of such incident/accident. The Hirer shall also report in writing, the entire events in minutest detail regarding the incident/accident. Any police cases shall be reported to Howdyy immediately. Any misstatement or concealment thereof, is an offence. Howdyy shall not protect the Hirer with the insurance, if the Hirer does not follow the above instructions.
(5.11) If any authority has penalized or fined, the Hirer/ Rider or Howdyy in relation to Rider's usage of the Property or while in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to Howdyy.
(5.12) The Hirer has verified the condition of the Property before hiring and is satisfied with the condition of the Property. The Hirer shall not hold Howdyy or any other person associated, responsible for any loss of life or Property due to the condition of the Vehicle. Also, in cases of flat tyre (Puncture), Howdyy shall not be responsible for refund of any cost incurred to fix the same.
(5.13) Hirer/Rider shall not use the Property for any type or speed contests or competitions or racing and adventurous activities. Hirer/Rider shall not use the Property for any or all type of stunts causing danger to the Rider or to the pillion or fellow travelers/public or to the Property.
(5.14) Use of the Property in any manner that causes excessive wear and tear to the parts of the Property is prohibited. Howdyy shall penalize the Hirer, if it is found that the Hirer/ Rider has caused excessive wear and tear to the Property
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(5.15) Attaching any external fixtures or fittings to the Property is not allowed. Hirer is not allowed to do any repairs, replacement of any item of the Property.
(5.16) Hirer will compensate Howdyy for all damages caused to the Property. In case of accidents to the Property the cost of transporting the Property 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 third party, have to be paid by the Hirer.
(5.17) If the accident or damage to the Property 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 Property, damages caused to third parties and compensation required to be paid to the victim.
(5.18) Penalty for delay in returning the Property The Property should be returned at the time and day agreed to at the time of booking. If the hirer returns the bike beyond the time specified at the time of booking he shall be charged three day's rental as penalty. If the Hirer anticipates that the return of the Property will be delayed beyond the agreed period then he will be required to get the extension approved by Howdyy to avoid the penalty. Howdyy will not be able to extend if there's another confirmed reservation for the period or consecutive extension.
CANCELLATION POLICY (6)
(6.1) If the Hirer cancel the booking the refund would be made as per the following schedule-
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If Howdyy cancel the booking due to break down, non-availability of the bike or any other reason then will refund entire amount of the of the rental received.
(6.3) Howdyy reserves the right to cancel the Hirer’s booking if:
(6.3.1) The Hirer does not turn up on time to pick up the Property.
(6.3.2) The delivery address provided by the Hirer is not within the Place of Service.
(6.3.3) Unavailability of the Items /bikes ordered/ booked.
(6.3.4) Failure due to reasons beyond Our reasonable control, due to force majeure events including but not limited to acts of God, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc.
FAILURE/ BREAKDOWN/ CLEANLINESS/ MAINTENANCE DURING THE RIDE (7)
(7.1) In case of a breakdown, the Hirer/Rider has to immediately intimate Howdyy about the same and the location and kind of breakdown. Howdyy will send a trained person to provide necessary guidance to repair or rectify the fault so that Hirer/Rider can get on with the ride, as soon as possible. However, Howdyy is not assuring a definite timeline for repair, as the same is dependant on the location of the Property and kind of failure or breakdown of the Property, availability of the trained person, spare parts etc. As any failure/ breakdown is unpredictable, the Hirer is hiring the vehicle with complete knowledge that the Property is susceptible for failure or breakdown.
(7.2) the Hirer/ Rider shall ensure that the Property is kept in a manner as is expected from an ordinary prudent person.
(7.3) Howdyy conducts periodical checks on the Property performance and ensures the same are clean. Howdyy expects Hirer to help maintain the standards of cleanliness and must ensure that the Property is not soiled while returning.
INSURANCE AND LIABILITY (8)
(8.1) If a Hirer is in compliance with the Terms and Conditions of the Howdyy, Howdyy shall provide primary liability protection, which is the extent of claims / liabilities covered by Howdyy’s Property insurer, on Howdyy property’s for claims and/or liabilities arising out of the use or operation of the Property by the Hirer.
(8.2) If it is determined that losses will exceed the Hirer’s coverage as provided by Howdyy, the Hirer will be responsible for excess charges. In case of annulment of the Insurance policy due to Hirer’s negligence, rash riding or any such incident, user has to pay the showroom repair cost of the Property.
(8.3) Liability protection applies only to claims of third party bodily injury, death or property damage, other than to the vehicle, arising from the use of Howdyy Property as permitted by the terms and conditions, herein and applicable law.
GENERAL TERMS RELATING USE OF THE PROPERTY (9)
(9.1)The Hirer has to pick up the Property from the location that is specified in his booking order and has to return the Property in the same working condition as before at the same location in time.
(9.2) The Hirer is strongly advised to inspect the Property before riding them for any physical or noticeable defects or flaw found on/in the Property. The Hirer has to bear all the cost of replacement pertaining to any damage to the Property loss of tools and spare parts kept in the Property. Any type of damage to the Property during the ride should be intimated to Howdyy while returning the Property.
(9.3) The Hirer/Rider is duty bound to inform Howdyy, if he/she notice any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc.
(9.4) If Property is stolen during the trip, then Hirer/Rider have to immediately inform the local authorities as well as Howdyy, without any delay. An FIR shall be filed with the local Police Station. Howdyy shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the formalities.
SECURING THE VEHICLE (10)
(10.1) The Hirer is responsible for the security of the property. The Hirer is held liable to ensure that the Property is adequately protected from expected adverse weather conditions and is parked in areas taking appropriate precautions to avoid any untoward incidents.
(10.2) The Property is equipped with a GPS navigation system and it is the duty of the Hirer not to remove the device, in order to ensure safety of the Property.
PRIVACY (11)
(11.1) Howdyy respects privacy of the Hirer to the extent possible. The Hirer however agrees that the personal information of the Hirer and the Rider like a) name, b) address, c) contact numbers, d) email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs could be used by Howdyy 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, 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 Howdyy, d) inform the developments in the business, e) analyse the usage patterns for providing better business offers.
(11.2) In order to avoid theft of the Property, Howdyy can obtain the location of its Property that is in the field. Please note that in this process, Howdyy could identify your location at any given point of time. The same shall not be construed as any misuse of personal information or violation of privacy.
UNDERTAKING AND INDEMNITY (12)
(12.1) The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the Property by the Hirer shall be his/her own responsibility and if any such claims arise against Howdyy, 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 Property by the Hirer or for any other incident that happens while the Property 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, pillion Rider or himself/herself or their respective legal heirs for all activities that are undertaken while the Property is in the Hirer's custody.
(12.2) The Hirer shall, at its expense, defend, indemnify, and hold Howdyy 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 Howdyy regarding any actions or inactions alleged or arising out of the use or non-use of the Property while under the custody of the Hirer.
(12.3) Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above liability and agreed to indemnify Howdyy for all liabilities arising out of the usage of the Property by the Hirer anyone under him or while the Property is in his/her custody.
(12.4) The Hirer undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the Property during his/her custody. Any expenses incurred for repairing or replacing the Property for such damages, theft, or loss shall be borne by the Hirer.
(12.5) The rights granted to the Hirer herein are not assignable or transferable, in whole or part. In the event when, the Hirer is allowing another Rider to ride the Property, then details of the Rider should be intimated to Howdyy in advance with copies of his/her driving license. However, Howdyy reserves the right to not to allow or permit the Hirer to allow any other person to ride the Property.
NO AGENCY: (13)
(13.1) The Hirer will never be deemed to be Howdyy’s agent, servant, or employee in any manner for any purpose whatsoever.
LEGAL DISPUTES, CONFLICTS AND RESOLUTION (14)
(14.1)In the event of any dispute or difference arising between the parties with regard to the rights and obligation under the terms and conditions stipulated herein or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions, 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 Bangalore, India.
(14.2)The courts of Bengaluru, Karnataka, India will have the sole and exclusive jurisdiction in the event of any legal dispute or conflict between Howdyy and the Hirer arising from the usage of the Property of Howdyy which dispute is not resolved amicably or by arbitration.
ENTIRITY (15)
(15.1) The Terms and conditions contained herein to be construed as final and binding 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. The Hirer has read and understood the above terms and agrees to abide by it.