INTRODUCTION
This Car Rental Agreement ("Agreement") is entered into and becomes effective as of the booking date indicated in the booking details on the Baecars application and website (the “Effective Date”).
BETWEEN:
The party referred to as the “Lessor” (hereinafter referred to as the "Car Owner"), including their heirs, executors, administrators, and assigns, as further identified in the App and on the website at the time of booking, OF THE FIRST PART.
AND
The party referred to as the “Lessee” (hereinafter referred to as the "Renter"), including their heirs, executors, administrators, and assigns, as captured in the booking details on the Baecars application and website. The Lessor and the Lessee shall collectively be referred to as the “Parties” and individually as a “Party.”
WHEREAS:
NOW, THEREFORE, IT IS AGREED as follows:
1. Definition and Interpretation
1.1 Applicable Laws: All applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, statutory authority, tribunal, board, court, as may be applicable. Without prejudice to the generality of the foregoing, Applicable Laws shall include laws, regulations, rules, and/or ordinances of lawfully constituted authorities relating to the possession, use, storage, and transport of the Vehicle, including the Motor Vehicles Act (MVA).
1.2 Motor Vehicles Act or MVA: Motor Vehicles Act, 1988, rules and regulations prescribed thereunder, as now enacted or as the same may from time to time be amended, replaced, or re-enacted.
1.3 Platform: Refers to the website and mobile application by the name and style of Baecars Host Services available on the website www.baecars.com, owned and operated by Baecars Private Limited. This includes its marketplace feature/section that provides a platform for connecting vehicle owners with persons interested in leasing vehicles for personal use.
1.4 Vehicle: Denotes the vehicle together with all its components, accessories, and devices as described in the booking details in the App.
1.5 Permitted Territory: The entire territory of India, excluding Union Ladakh and/or any travel to connected countries, including but not limited to Nepal, Bhutan, Bangladesh, or Pakistan, etc.
1.6.1 Headings used are for convenience and ease of reference only, are not part of this Agreement, and shall not be relevant to or affect the meaning or interpretation of this Agreement.
2. Agreement to Lease
2.1 In consideration of the covenants, assurances, and representations set forth herein by the Lessee, the Lessor hereby grants a lease, and the Lessee hereby accepts the lease of the Vehicle, subject to the terms and conditions outlined in this Agreement.
3. Terms of Vehicle Usage
3.1 The Lessee hereby agrees and covenants that the Vehicle shall be used in a prudent and careful manner 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”).
3.2 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:
4. Lease Term
The Lease Term is open to extensions based on mutual agreement between the Lessor and the Lessee. Any extension will be subject to specific terms and conditions that both Parties must expressly approve. This flexibility allows for adjustments to the lease duration as needed by both parties involved in the agreement.
5. Vehicle Delivery Process
6. Lease Rental and Payment Terms
7 Liability for Theft and Accident
7.1 Lessee's Responsibility:
7.1.1 Financial Liability: Lessee is solely responsible for any damage, theft, or criminal activity related to the Vehicle, assuming financial liability, as specified in Clause 10 (Insurance).
7.2 Lessor's Disclaimer: The Lessor disclaims any liability for losses or damages arising from the aforementioned events and denies responsibility for indirect, incidental, special, or consequential damages linked to Vehicle use.
8 Reporting and Cooperation:
Notification: Lessee must notify the Platform and the Lessor in writing within [24] hours of damage, accident, or theft.
Cooperation: Full support and cooperation are required in reporting incidents to the nearest police station and following Lessor's instructions for repair.
Obligations in Case of Damage or Theft:
Complete Destruction/Loss: Lessee is liable to pay monthly Lease Rental until the insurance claim is settled. After payment, the Lessor reconciles accounts.
Partial or Repairable Damages: Lessee continues paying Lease Rental during repairs. Lessor may terminate the lease at its discretion, with Lessee settling outstanding dues.
Lessee's Liability:
Termination: Lessee cannot terminate the Agreement. If the Lease Term is ending, it will extend until insurance claims are settled or investigations conclude.
Failure to Fulfill Obligations: Lessee is solely liable for costs, damages, and consequences if obligations under Clause 8.2 are not met.
Outstanding Dues: Prompt settlement of unpaid dues, including Excess Mileage Charges, is required if the lease is terminated due to an accident or damage.
Traffic Violation and Confiscation
Traffic Violation Responsibility:
Compliance Obligation: Lessee is solely responsible for Vehicle use in accordance with traffic rules, toll payment, and compliance with Applicable Laws during the Lease Term.
Liability for Violations: Lessee is solely liable for all Traffic Violations, including fines, penalties, and charges imposed, such as late payment fees, toll evasion, interstate taxes, or processing fees by regulatory authorities.
Reporting and Payment:
Notification Requirement: Lessee must report all Traffic Violations to the Lessor in writing within 24 hours before the expiration of the period prescribed by Applicable Laws for necessary actions.
Timely Payment: Lessee must promptly pay relevant fines to the concerned authority and provide proof of payment. Failure may lead the Lessor to pay on behalf of the Lessee, with reimbursement required.
Confiscation Responsibility:
Lessee's Responsibility: Lessee is responsible if the Vehicle is confiscated, seized, or impounded during the Lease Term for reasons attributable to the Lessee ("Confiscation").
Reporting and Cooperation: Lessee must report Confiscation to the Lessor within 24 hours before the expiration of the period prescribed by Applicable Laws. Full support and cooperation are expected to release the Vehicle, and the Lessee shall bear all costs and expenses.
Lessor's Intervention:
Release Assistance: Lessor may assist in the release of the Vehicle from Confiscation, including payment of fines, charges, penalties, and fees imposed by relevant authorities.
Lessor's Right: If Lessee fails to provide support or cover release costs, Lessor has the right to take necessary steps at its own expense, and Lessee shall promptly reimburse all incurred costs.
Lease Term Extension:
Extension in Case of Confiscation: If Confiscation is ongoing near the Lease Term's expiration, it will extend as per this Agreement's terms.
Lessee's Termination Limitation: Lessee cannot terminate the Agreement until the Vehicle is released, fines/charges are settled, and conclusive evidence of matter resolution is received by the Lessor.
Insurance
Vehicle Maintenance and Repair
Routine Maintenance:
The Lessor, through its Authorized Service Provider, will conduct necessary routine maintenance on the Vehicle.
Upon Lessor's request, the Lessee must furnish Vehicle usage details to the Authorized Service Provider, covering Odometer readings, tire conditions, and battery status.
Any Odometer defects must be promptly reported by the Lessee to the Lessor to ensure accurate mileage recording.
Repair and Maintenance Responsibilities:
The Lessee is responsible for all repairs and maintenance of the Vehicle, subject to Insurance provisions in Clause 10, as per this Agreement.
Lessee must report any incidents requiring Vehicle repair to the Lessor, following Lessor's instructions and taking the Vehicle to an approved workshop.
In case of Agreement breach or improper Vehicle use, Lessee bears expenses for towing, repairs, and related costs.
Ownership of Replaced Parts:
All parts and accessories replaced or added to the Vehicle during the Lease Term remain the exclusive property of the Lessor.
Lessee holds no rights over these replaced or added components and is not entitled to compensation for them.
Note: Clause 8.2 requirements apply to the Lessee's obligations regarding incidents requiring Vehicle repair.
Lessee's Obligations
Vehicle Maintenance:
Maintain the cleanliness, condition, and appearance of the Vehicle at their expense.
Ensure the Vehicle remains in good operating condition as of the Lease Term commencement date.
Permitted Use and Restrictions:
Use the Vehicle only for Permitted Use and adhere to owner's manual instructions.
Strictly refrain from prohibited activities, imprudent use, or driving under the influence.
Not permit others to use the Vehicle or engage in activities affecting its value.
Adhere to usage restrictions like prohibited territory, mobile phone use, and transporting animals or excessive passengers.
Driving License and Notifications:
Maintain a valid driving license throughout the Lease Term.
Promptly notify the Lessor of any license expiration, suspension, revocation, or Traffic Violations.
Vehicle Control and Security:
Keep effective control of the Vehicle and secure it when not in use.
Secure the Vehicle from external factors while parked, following Applicable Laws and Lessor's instructions.
Compliance and Inspections:
Comply with the terms of the Agreement and Applicable Laws.
Allow inspections by the Lessor with reasonable notice.
Keep the Vehicle free from liens, claims, and encumbrances.
Insurance and Documentation:
Not invalidate Vehicle Insurance or trip protection plan/insurance.
Safeguard and maintain the Vehicle Documentation inside the Vehicle.
Representations and Warranties
Lessor:
Sole legal owner of the Vehicle.
Full legal right, capacity, power, and authority to execute this Agreement.
No actions or proceedings challenging the lease.
Lessee:
Above legal driving age with a valid license.
Full legal right, capacity, power, and authority to execute this Agreement.
No actions or proceedings challenging the transaction.
General Disclaimer:
Lessor provides no express or implied warranties regarding the Vehicle's fitness, safeness, design, merchantability, condition, quality, capacity, or workmanship, except as expressly stated in this Agreement.
Termination
Lessor's Right to Terminate:
Lessor may terminate the Agreement via Platform cancellation.
Lessee incurs charges for cancellation, detailed in the Fee Policy.
Lessor may terminate immediately with notice for various reasons during the Lease Term.
Consequences of Termination:
Lessee pays outstanding Lease Rental, late fees, and other charges upon termination.
Return of Vehicle triggers refund of advance Lease Rental, subject to adjustments.
Termination doesn't absolve Parties of prior obligations or liabilities.
Repossession/Return of Vehicle
Return Conditions:
Lessee returns the Vehicle to the Designated Location in its initial condition.
Costs for transporting the Vehicle from a different location are borne by the Lessee.
Late return incurs penalties and Lessor's repossession costs.
Vehicle Condition and Missing Parts:
Lessee liable for penalties if the Vehicle is damaged beyond normal wear and tear.
Missing key, key fob, in-Vehicle Devices, or other components result in penalties and inconvenience fees.
Excess mileage incurs charges as per the Fee Policy.
Additional Charges:
Charges apply for damages, replacements, and restoring the Vehicle to its original condition.
Lessee remains responsible for usage charges during any delay in return.
Lessee compensates for damages to Vehicle beyond the agreed mileage.
Documents and Regional Requirements:
Lessee signs required documents on return, per regional transport authorities.
Lessor assures Lessee won't be liable for claims post-Vehicle return.
Confidentiality
Information Exchange:
Both Parties share confidential information, committing to its protection.
Confidential data used only for Agreement-related purposes.
Survival of Confidentiality:
Obligation to not disclose confidential information survives Agreement termination.
Parties refrain from disclosing such information except as legally allowed.
Indemnity
Lessee's Indemnification:
Lessee indemnifies Lessor and Authorized Service Provider against costs, losses, and damages.
Indemnification extends beyond Agreement termination.
Waiver of Immunity:
Lessee waives any legal immunity from indemnifying Lessor under Applicable Laws.
Miscellaneous
Payment Processing:
All payments, including Lease Rental and Damage Protection Fee, will be made through the Platform as per specified payment policies.
Nature of Relationship:
This Agreement does not establish an association, partnership, joint venture, or corporation between the Parties.
Neither Party can sign agreements or act on behalf of the other without explicit consent.
Assignment and Delegation:
Lessee cannot assign rights or delegate duties under this Agreement without prior written consent from the Lessor.
Communication:
Written notices, demands, or communications under this Agreement must be delivered personally, via courier, or email to the specified addresses.
Limitation of Liability:
Lessor is not liable for any indirect, incidental, or consequential damages, including loss of profits, arising from this Agreement.
Entire Agreement:
This Agreement, including Schedules and referenced documents, is the sole agreement between the Parties, superseding any prior agreements.
Governing Law and Jurisdiction:
The Agreement is governed by Indian laws, with the courts of Bangalore having exclusive jurisdiction.
Parties agree to review and, if necessary, renegotiate the Agreement in case of changes in Applicable Laws.
Severability:
If any provision becomes illegal, invalid, or unenforceable, it won't affect the validity of other provisions.
Parties will negotiate in good faith to modify the Agreement while maintaining original intent.
Amendments:
Any amendments or modifications to the Agreement require written agreement and execution by duly authorized representatives of both Parties.
Tolerance and Waiver:
Tolerance for delays in performance doesn't constitute a waiver or amendment of any terms in this Agreement.
Execution and Counterparts:
The Agreement may be executed electronically and in multiple counterparts, binding all Parties collectively.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE DULY EXECUTED.
Vehicle Maintenance and Safety Compliance Guidelines:
To ensure the safety, condition, and lawful operation of your vehicle, adhere to the following maintenance requirements:
Annual Vehicle Inspection:
Conduct a comprehensive mechanical and safety inspection at least once a year.
Inspection Components:
Include critical safety items in the inspection:
Brakes (parking and service)
Steering parts
Tires
Lights
Maintenance Requirements:
Maintain the following components for visual overview and legal registration:
RC Copy
Valid Insurance
Brake Tests:
Regularly check the effectiveness of:
Parking brake
Service brake (ensure it has at least 3mm or more, typically 25% of brake life)
Exhaust System:
Inspect exhaust system components and muffler for damage.
Ensure no visible blue or black smoke.
Steering and Suspension:
Regularly check:
Steering wheel and box
Suspension/front end
Springs and shocks
Vehicle height
Horn:
Test the horn for adequate signal.
Ensure it is securely fastened to the vehicle.
Glazing, Glass, and Windshield Wipers:
Regularly inspect:
Windshield (no cracks; no chips in the line of sight)
Windshield wipers and washer (in working order)
Windows (no cracks)
Tint compliance with legal specifications
Engine and Powertrain:
Regularly inspect:
Engine and subcomponents
Cooling system
Lubrication system
Electrical and electronic management systems
Transmission (including clutch, torque converter, etc.)
All fluids and lubricants
No check engine light, warning lights, or recalls
Visibility and Lighting Devices:
Regularly check:
Headlight aim
Headlights and rear lights (working, no burned-out bulbs)
Hazard lights, directionals/stop/reverse lights, and license plate light(s)
Reflectors
Rearview mirror
General mirrors
Tires and Wheels:
Regularly check:
Tread depth (4/32" or greater, typically 50% or higher)
Tire age (six years or newer)
No cuts, gouges, bulges, or bubbles in the sidewall
Seat Belts and Airbags:
Ensure:
No airbag warning lights or recalls
No safety restraint system (SRS) or occupant classification system (OCS) warning lights or recalls
Body Integrity:
Ensure:
No hanging body panels
No damage to the floor pan, cowl panel, or structural pillars
Adhering to these guidelines will help maintain your vehicle's safety, compliance, and overall performance. Regular inspections and timely maintenance are crucial for safe and lawful operation.
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