This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of cab_booking.com website
The domain name cab_booking.com (hereinafter referred to as the “Website ” is owned by Cabs India Private Limited
For the purpose of these Terms and Conditions, wherever the context so requires, the term:
i. “Invoice” shall mean the invoice provided to the User after the User makes the payment for availing the Services through the Platform.
ii. Platform shall mean the Website through which the Services are provided.
iii. Rental Period shall mean the period for which the Services (as defined below) are availed by the User. This period shall be calculated from the time the User collects the Vehicle and up to the time the User returns the Vehicle.
iv.Services shall mean the services provided by Cabs India i.e. renting of the Vehicles to the Users.
v. User shall mean any person who has agreed to become a member on the Platform by providing registration data while registering on the Platform as a registered user using the computer systems.
vi. Vehicle shall mean the vehicle rented by the User from Cabs India along with all its parts including but not limited to, tires (including spare tire), tools, vehicle documents, accessories and equipment.
User s use of the Platform and Services are governed by the following terms and conditions (“Terms and Conditions“) as applicable to the Services including the applicable policies which are incorporated herein by way of reference. If the User avails the Services of Cabs India, the User shall be subject to the aforesaid policies that are applicable to such Services. By availing the Services, the User shall be contracting with Cabs India and these Terms and Conditions including the policies constitute Users binding obligations, with Cabs India
For the purpose of these Terms and Conditions words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
Throughout theseTerms and Conditions, Cabs India prior written consent means a communication coming from Cabs India legal department, specifically in response to the User s request, and specifically addressing the activity or conduct for which the User seeks authorization.
When the User avails any of the Services, User will be subject to the rules, guidelines, policies, terms, and conditions applicable to the Services, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as a part of these Terms and Conditions. Cabs India reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the User. It is the User s sole responsibility to review these Terms and Conditions periodically for updates or changes and in any event prior to availing the Services. The User s act of availing the Services following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions.
Availing the Services indicates the User s agreement to all the terms and conditions under these Terms and Conditions. Users are advised to read the Terms and Conditions carefully before proceeding. By impliedly or expressly accepting these Terms and Conditions, the User also accepts and agrees to be bound by all Cabs India Policies (including but not limited to Privacy Policy.
1.1. The Services are available only to persons who can enter legally binding contracts under Indian Contract Act, 1872 and are above the age of 18 years, holding a valid driver s license, without previous criminal records and without any restrictions on driving due to any medical conditions or any other restrictions imposed under any law including but not limiting to the Motor Vehicles Act, 1988, as amended from time to time.
1.2. Persons who are not-competent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and person of unsound mind are not eligible to use the Platform or avail the Services.
1.3. Any person under the age of 18 shall not register as a User of the Platform and shall not transact on or use the Platform.
1.4. Cabs India reserves the right to terminate any User s membership and/or refuse to provide such User with access to the Platform and/or initiate appropriate action against any User if it is brought to Cabs India s notice or if it is discovered that such User is not eligible to use the Platform and/or avail the Services.
2.1. The Vehicle shall be self-driven by the User only and the User shall not assign/sub-rent/license the Vehicle to any other person whatsoever.
2.2. The User through whose account the Services are availed shall be responsible for compliance of these Terms and Conditions and other laws, such User shall be liable for all losses including but not limited to claims, actions, demands, damages, penalties, fines, liability arising in case of contravention with these Terms and Conditions or any law.
2.3. The User shall present the original photo identity documents as well as the driving license uploaded on the Platform while availing the Services, at the time of obtaining delivery of the Vehicle, failing which Cabs India shall be entitled to refuse the delivery of the Vehicle and cancel the Services. In such an event both booking amount and security amount shall be forfeited and no refund will be made.
2.4. GPS navigation device and/or child safety seat may be made available on prior request with additional charges, subject to availability. User shall be responsible to install the child safety seat in a secure manner and verify the safety of the child safety seat. Cabs India will not be liable for any injury, damages or any other occurrence as a result of child restraints not being correctly fitted or used.
2.5. The User will provide contact details of an emergency contact while availing the Services on the Platform.
2.6. The User will intimate Cabs India, about the destination where the Vehicle will be driven and the route taken to reach such destination.
2.7. The User shall return the Vehicle, to the agreed return location and on the date and time specified in the Invoice, unless the User requests and Cabs India agrees to an extension in writing, or sooner upon demand being made by Cabs India.
2.8. Upon the User’s request, Cabs India may provide for a pick up facility of the Vehicle from the User, the charges for such facility will be as mentioned in the Invoice or as intimated by Cabs India to the User while processing such request.
2.9. The User shall ensure that the Vehicle at the time of return is in proper operating condition, undamaged and clean.
2.10. In event of any damage caused to the Vehicle, other than normal wear thereof, the User agrees to repair and/or replace the damaged Vehicle part at his own expense with a new Vehicle part of the same dimension/branding an authorized service center for such Vehicle as intimated by Cabs India and after obtaining prior approval from Cabs India.
2.11. In case of loss or damage to any of the papers or documents pertaining to the Vehicle during the Rental Period, the User will pay Cabs India all the expenses incurred by it in applying for such documents and the User will also be liable to pay a fine upon demand.
2.12.The Vehicle, including the odometer of the Vehicle shall not be damaged or tampered with, and in case of such damage or tampering, the User shall be liable for cost of replacement of the same. Cabs India judgement on the damage and/or tampering with the Vehicle, the odometer shall be final.
2.13. The User shall not damage, tamper, remove or make any changes to the registered number plate of the Vehicle. In case of violation of this requirement, the User shall be liable to pay such penalties as imposed by Cabs India at its sole discretion. Additionally, Cabs India reserves the right to take legal recourse against the User as deemed fit by Cabs India.
2.14. No smoking is permitted inside the Vehicle. Failure to comply with this requirement may lead to the immediate cancellation of the Services, without a refund. Moreover, the User may be held liable for the charges related to cleaning the Vehicle, as well as any damage caused by burns to any part of the Vehicle including without limitation the seats and/or the carpets (flooring).
2.15. The User’s acceptance of delivery of the Vehicle will be considered as the User’s acknowledgment of having received the Vehicle in good condition. The User shall be solely liable for cost of all fuel consumed during the Rental Period.
2.16. User is permitted a buffer of 30 (Thirty) minutes for returning the Vehicle subject to payment of late returning charges as mentioned in the Invoice and as intimated on the Platform at the time of availing the Services, post which next hour rental will be applicable, as the case may be.
2.17.The User shall return the Vehicle in the same good order and condition, as had been delivered to the User. The decision of Cabs India in respect of the order and condition of the Vehicle and Vehicle Parts shall be final.
2.18. The vehicle will be returned to Cabs India with same fuel quantity as was provided. In the event User does not provide the fuel as has been mentioned, Cabs India shall have the right to charge the User for the deficit quantity of the fuel.
2.19. If the Vehicle requires cleaning or washing after the User has returned it, the User will be held liable for the cleaning or washing expenses. The decision of Cabs India in respect of the need for cleaning or washing the Vehicle shall be final.
2.20. The User shall take all necessary steps to protect the interest of Cabs India and of its insurance company and shall ensure that the Vehicle is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance nor do or allow to be done any act or thing where by any such policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance. The User shall further participate as an insured under an automobile insurance policy. The User is bound by and agrees to the terms and conditions thereof. The User agrees further to protect the interests of Voler and its insurance company, at its entire cost and expense, in case of an accident or theft by doing the following, as applicable:
a)Taking reasonable steps to secure medical attention to the injured person and ensuring that a registered medical practitioner immediately attends the injured person and renders medical aid to him.
b) Notifying the police immediately if another party s guilt has to be ascertained, or if any person is injured.
c) Not admitting liability or guilt or giving money to any persons involved in the accident before obtaining the written consent of Cabs India
d) Give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence to the nearest police station and in any case within 24(Twenty Four) hours of the occurrence.
e) Contacting Cabs India immediately by telephone or e-mail and forwarding a copy of FIR (if applicable) and/or summons complaint or paper in relation to such loss even in case of slight damage; further completing Cabs India s accident report, including diagram as required on return of Vehicle.
f) Provide all assistance to Cabs India r, in claiming insurance from the insurance company by providing all the necessary information and/or documents required by Cabs India including but not limited to date, time and place of accident, particulars of the persons injured or killed in the accident and name of the driver and the particulars of his driving license.
g) Pay Cabs India on demand, any expense incurred by it in repairing or replacing the car, regardless of the insurance coverage.
h) Obtaining names and addresses of the parties involved in the accident, and of witnesses.
i) Not abandoning the Vehicle without prior written approval of Cabs India
2.21. The User agrees that the Vehicle shall not be operated:-
a)To transport goods or animals in violation of customs regulations or in any other illegal manner.
b)To carry passengers or property for a consideration express or implied.
c)To propel or tow any vehicle or trailer.
d) In motor sport events (including racing, pace making, rallying, reliability trials, driving lessons speed testing, off-roading events and any other events of similar nature).
e) The User will not decorate the Vehicle and/or affix any ornament, ribbons, flowers or any such decorative item on the exterior as well as inside of the Vehicle.
f)By the User or any other person under the influence of alcohol or drugs or with a blood alcohol concentration above the limit prescribed by the applicable law.
g) By any person other than the User; in the case of a breakdown or accident, by a motor vehicle mechanic provided that he is duly qualified and licensed and holds a valid driving license.
h) Outside geographical boundaries of the Republic of India without the written consent of Cabs India,
i) To drive the Vehicle in off-road areas, hilly terrains, water bodies and/or terrorism/naxal affected areas.
j) User will not take the Vehicle to any area which has recently witnessed or is an area which is prone to riots, naxal or terrorist attacks. User will exercise his judgement and at all times during the Rental Period use the safest and most appropriate routes while driving the Vehicle.
2.22. That User shall during the Rental Period:
a)Always lock the Vehicle when not in use and ensure that it is adequately protected against damage due to adverse weather conditions, arson, riot, theft, etc.
b) Not allow any person other than personnel of an authorized service center without the prior authorization of Cabs India to carry out any work of any nature in any manner on the Vehicle.
c) Not hold him/her out as or purport to act as the agent of Cabs India for any purpose whatsoever.
d) Be fully responsible for any loss or damage caused to the Vehicle howsoever occasioned other than normal wear and tear. The User shall give immediate notice to Cabs India and subsequently confirm in writing by sending through speed post/courier and also e-mail within 24 (Twenty Four) hours of any loss or damage caused to the Vehicle or any break down, malfunction or other failure thereof. The obligations of the User hereunder shall not be prejudiced by the existence of any policy of insurance in respect thereof. The User shall not continue to use the Vehicle in the event of damage to or a breakdown of the Vehicle if to do so would or might cause further damage to the Vehicle.
e) Not permit any pets inside the Vehicle.
f) Not consume any food inside the Vehicle.
g) Neither remove nor change or tamper with the number plate, any name or other mark identifying the ownership of the Vehicle.
h)Neither use nor allow the Vehicle to be used for any illegal purposes or for any purpose of which it is not suitable or desirable.
i)Neither use nor allow anyone to carry passengers more than permitted by the registration paper.
j) Acknowledge that the Vehicle is and shall be throughout the period of its hiring be the sole property of Cabs India and/or its affiliates and all rights thereto shall vest in Cabs India and/or its affiliates.
k) Inform Cabs India about the location of the Vehicle at timely intervals as mentioned in the Invoice.
2.23. The User shall adhere to the following rules while driving the Vehicle:
a) User shall not drive the Vehicle in any public place at a speed exceeding the maximum speed or below the minimum speed prescribed for such place for the Vehicle.
b) The User shall drive the Vehicle in conformity to the driving regulations made by the central Government or directions given by the police officer, including but not limited to The Motor Vehicles Act, 1988, the Central Motor Vehicle Rules and/or 1989, the Rule of the Road Regulations, 1989.
c) The User shall not park the Vehicle or remain at rest in the Vehicle in any place in such a manner, which may cause obstruction, danger or undue inconvenience to other users of the public place or adversely affects the safety of the Vehicle.
d) The User shall at the approach of an unguarded railway level crossing, halt the Vehicle and the User or any other person shall walk to railway crossing and ensure that no train or trolley is approaching from either side before crossing the railway crossing.
e) The User shall halt the Vehicle and remain stationary, when required to do so by a police officer in event the Vehicle is involved in an accident.
f) The User shall halt the Vehicle and remain stationary, when required by a person in charge of an animal who apprehends that the animal is or being alarmed by the Vehicle.
g) The User shall provide all information regarding the name and address and the driving license held by the User to any police officer when asked for the same.
2.24. In the event that the User is in violation of the requirements stated in Clause 2.21, 2.22 and 2.23, Cabs India shall be entitled to impose on the User a minimum fine/penalty of INR 10000 (Rupees Ten Thousand only).
2.25. The User is personally liable to pay to Cabs India on demand, the charges for pick-up service, drop service, fuel and miscellaneous charges at the rates specified in Invoice.
2.26. Cabs India shall be at liberty to adjust/deduct/set off all the above expenses mentioned in this Clause 2 from the Security Deposit (as defined below).
3.1. The User acknowledges that the use of the Services is at his sole risk. Cabs India disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness of the Services offered by it.
3.2. Cabs India shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services or due to Cabs India failure to provide the Services at all, for any reason whatsoever whether or not beyond the control of Cabs India
