TERMS AND CONDITIONS FOR HIRING THE VEHICLE

Between Bykemania Services Private Limited, a company incorporated in India and having its
registered office at _______________________ (hereinafter referred to as "Bykemania" which
expression shall, unless repugnant to the context or meaning thereof deemed to include their
executors, administrators, legal representatives and assigns) of the First Part and the Hirer ( You)
(whosoever take on hire the select models of bike(s) from the list of wide varieties of bikes owned and
operated by the Bykemania). Bykemania 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 vehicle as authorized by you, your executors, administrators, legal
representatives and assigns.

If Hirer is not the Rider of the Vehicle, it is the Hirer's obligation to ensure that the Rider of the bike
shall follow the terms strictly. Any failure from the Rider to follow the terms of this agreement shall
make the hirer liable.

If Bykemania notices at any time of the relationship 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 Bykemania can terminate this agreement and decline to offer any of our services and
take back possession of the vehicle at any point of time.

By accepting the terms and conditions you will be legally bound to follow all the below mentioned
terms and conditions during your relationship with Bykemania. Without your acceptance of the terms
and conditions, Bykemania shall not be able to give on Hire any bike. If you, disagree to any of the
terms of this agreement, please refrain from hiring the bike

PREAMBLE

WHEREAS Bykemania is in the business of providing motor vehicles and two-wheelers on hire.
WHEREAS the Hirer is eager to avail the services and take on hire a motorbike and he has filled the
online/physical form containing his address and contact details, and uploaded / or agreed to provide
the identity proof, and other required details. The Hirer has selected the make of the Vehicle
(hereinafter referred to as the "Vehicle") by selecting the appropriate column in the Booking form.
Hirer has chosen the expected time of Hire, Date of Hire, and filled/ selected carefully in Booking
form. Hirer understood the tariffs and rates applicable. The Vehicle covers insurance for the risks
listed in the Insurance policy taken by the company.

THE HIRER/RIDER AGREES :

It is agreed that all risks associated during the custody of the vehicle is with Hirer. It is more
specifically agreed further that in cases where vehicle 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 the owner
from all statutory and other liabilities cast upon him. 

1. TERMS AND CONDITIONS

The Hirer shall abide by the following

a) The Vehicle shall be used fully complying with the Motor Vehicle laws, rules notifications, and other
general laws.

b) The driver of the vehicle will have a valid driving license and a copy of the driving license of the
rider will be provided to Bykemania. 
c) Rider shall follow all safety precautions including wearing of helmet that is mandated under the
Motor Vehicle Act. Hirer is aware of the all the rules mentioned in the Motor Vehicle Act and refrain
from;

i) Ride with more than one person as pillion is prohibited.

ii) Use / ride the vehicle under the influence of alcohol/drugs. 

iii) Ride while using electronic gadgets like radio/ music, video , camera, phone by the rider or
the pillion.

iv) Using vehicles to carry unlawful/ hazardous or prohibited material.

v) Using any fuel other than how it is prescribed for the select model

d) 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 member has to pay all
the fines/penalties. If any case is registered by the police authorities against Bykemania, being the
owner or permit holder of the vehicle, the Hirer has to compensate Bykemania all costs, fines and
legal fees incurred.

e) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, Bykemania
shall not protect the hirer from any loss or damage to the vehicle, 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. 

f) Bykemania shall also impose a fine of ______ Rs for breach of speed beyond ___ kmph for bikes
___ cc and below and speed beyond ____ kmph for bikes ___cc and above during the tenure of the
ride on the hirer. Bykemania shall also have the right to blacklist the rider at its discretion. 

g) The Vehicle shall not be used for transportation of goods and should not carry any luggage more
than what is stipulated under any provisions of law.

h) The Vehicle shall be returned at the time date mentioned in the Booking form without any damage. 

i) If there is any damage to vehicle, Bykemania can charge the amount equal to cost of the bike/cost
of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if
any toBykemania. In the event of an accident, Bykemania shall claim Insurance only if the estimated
damage is more than Rs.25000 for motorcycles more than __ cc and Rs. ____ for motorcycles below
or equal to ____cc. The Hirer shall be liable to pay the full value of damages, if its below the said
limits. In case of the damage being more than the said limits, the hirer has to pay a deposit of
Rs.25000 for motorcycles more than ____ cc and Rs.15000 for motorcycles below or equal to 500 cc.
Bykemania 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 vehicle was down.  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 Bykemania Service Pvt Ltd 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.

j) The Vehicle can be used only in the area selected in the Booking form if the Hirer/ Rider is using the
vehicle beyond the areas then the same shall be intimated in advance by writing.

k) All accidents, damages to vehicle, summons or notices issued by police or by court in relation to
acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such
incident to krishna@Bykemania.com. The Hirer shall also report in writing, the entire events in
minutest detail regarding the accident. Any police cases shall be reported to Bykemania immediately.
Any misstatement or concealment is an offence. Bykemania shall not protect the hirer with the its
insurance if the hirer doesn't follow the above instructions.

l) If any authority has penalized or fined, the driver in relation to Rider's usage of the Vehicle or while
in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority
along with legal costs to Bykemania

m) The Hirer has verified the condition of the bike before hiring and is satisfied with the condition of
the Vehicle. The Hirer shall not hold Bykemania 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),
Bykemania shall not be responsible for refund of any kind incurred to fix the same.

n) Hirer/ Rider can not use the vehicle for any type or speed contests or competitions or racing and
adventurous activities. You shall not use the Vehicle for Any or all type of stunts causing danger to
yourself or to the pillion or fellow travellers/public.

o) Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is
prohibited. Bykemania shall penalize the hirer if it is found that the hirer has caused excessive wear
and tear to the vehicle.

p) Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do
any repairs, replacement of any item of the Vehicle.

q) Hirer will compensate the company for all damages caused to the Vehicle. In case of accidents to
the Vehicle the cost of towing the vehicle 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.

r) If the accident or damage to the vehicle 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 vehicle,
damages caused to third parties and compensation required to be aid to the victim.

s) Penalty for delay in returning the bike: All bikes are due back at the time and day agreed as per the
booking form. If the hirer returns the bike beyond the time specified in the booking form he shall be
charged three day's rental as penalty. If you suspect that you will be late, please extend your
reservation in www.Bykemania.com to avoid the penalty. We will not be able to extend if there's
another confirmed reservation for the period.

t) Cancellation policy: If you cancel the booking the refund would be made as per the following
schedule-

i. Less than one week before the scheduled date of Hire-- No refund

ii. One week to two weeks before the scheduled date of Hire -- ___% refund.

iii. More than two weeks before the scheduled date of Hire -- ___% refund.

If we cancel the booking due to break down, non availability of the bike or any other reason
then we provide 100% refund of the rentals received.

u) If a confirmed Item/bike is unavailable post confirmation of the order, We will inform you of such
unavailability, however there would be times when such an information would not be possible due to
fact its beyond our control, In which case: 
 (i) If You have made the payment: You will be entitled to cancel the order and refund of
amount paid for the Services.

(ii) If You opted for Cash on Delivery: You will be entitled to cancel the order.

v) We reserve Our sole right to cancel Your booking if:

(1) You don’t turn up on time to pick up the vehicle.

(2) The delivery address provided by You is not within the Places of Service.

(3) Failure to deliver Your order due to lack of necessary information.

(4) Unavailability of the Items /bikes ordered/ booked.

(5) Failure due to reasons beyond Our reasonable control, due 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.

Also that we operate with machines i.e. motor cycles which might break down or the previous user
might not turn up on time or there can be an accident which has resulted in the bike not being
available. In these situations but not limited to the ones mentioned, refund to the extent of money
received would be made. [If We cancel the order in any of the above circumstances, then Clause v to
the extent applicable shall apply.]

w) Crossing the State Boarder :The rider has to inform Bykemania in advance whenever he is
intending to go to other states. The rider has to ensure that he takes the necessary approval at the
check post and pay the permit fee before he enters the other state. Bykemania will not be responsible
for any damage to life and property if the necessary permits are not taken while entering another
state. Bykemania's Insurance will also not be valid if the necessary permits are not taken by the rider
while crossing the border.

x) Please note that in case of renting a motorcycle above 250 cc from Bykemania, the minimum age
limit of 21 applies.

The following documents need to be submitted before renting a ride:

Valid driver's license to ride a motor-vehicle with or without gear, in India. (For international
visitors, a valid driving license from their home country with International Driving Permit is
necessary along with a valid Visa. Original to be brought, copy will be retained for record.) 

1.       A copy of your Passport (OR) Original Aadhar Card (OR) A test mail from your
corporate e-mail ID.

2.       1 Rupee swipe with either your debit or credit card (not mandatory if condition (1) is
satisfied.)  

If you're a student, following are the documents to be submitted, in addition to a valid Driver's license-

1.       Original College ID

2.       Original Aadhar card

3.       1 Rupee swipe with either your debit or credit card (not mandatory if conditions (1) and
(2) are satisfied.)
Note: Bykemania reserves the right to hold back the booking if the documents submitted are not
satisfactory.

y) Age limit: Hirer shall ensure that rider has to be at least 21 years of age to ride the bikes.

z) Mechanical failure/breakdown/cleanliness/maintenance during the ride : In case of a breakdown,

the Rider/ Hirer has to immediately intimate Bykemania about the same and the location and kind of
defect. Bykemania will send a mechanic or provide a necessary guidance to repair or rectify the fault
so that you can get on with your ride as soon as possible. However, Bykemania is not assuring a
definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of
the vehicle, availability of the mechanic, spare parts etc. As mechanical failure is unpredictable and
Hirer is hiring the vehicle with complete knowledge that it is susceptible for mechanical failure of
breakdown.

za) If not covered by the insurance of the vehicle, Bykemania is not responsible for any damage to,
loss or theft of, any personal property belonging to Hirer, or for delay due to mechanical failures,
accidents due to mechanical failures, regardless of fault or negligence of the vehicle or Bykemania. 

zb) The fuel for the motorcycle shall be borne by the hirer.

2. GENERAL TERMS RELATING USE OF THE VEHICLE 

The Hirer has to pick up the motorcycle from the location that is specified in his booking order and has
to return the motorcycle in the same working condition as before at the same location in time.

The Hirer is strongly advised to inspect the motorcycle before riding them for any physical or
noticeable mechanical defects or flaw found on/in the motorcycle. The Hirer has to bear all the cost of
replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle.
Any type of damage happened to the motorcycle during the ride should be intimated to Bykemania
while returning the vehicle.

The Rider is duty bound to inform Bykemania, if he/she notice any abnormality in riding comfort,
conditions, maneuverability, excess vibrations, uneasiness etc. 

If motorcycle is stolen during your trip, then you have to immediately inform the local authorities as
well as Bykemania without any delay. An FIR shall be filed with the local Police Station. Bykemania
shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the
formalties. 

3. PRIVACY

Bykemania respects privacy of Hirer as far as possible. Hirer however agree that the following
personal information of the Hirer and the Rider could be used by Bykemania for the following. The
personal information that will be collected and used: a)The name, b) address, c) contact numbers, d)
email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs. The
information should be used 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, mechanic, 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 Bykemania, d) inform you the developments in the
business, e) sell items and goods offered by Bykemania f) analyse the use patterns for providing
better business offerings.

In order to avoid theft of our motorcycles, we obtain the location of each and every motorcycle that is
in the field. Please note that in this process Bykemania could identify your location in a given point of
time.
4. UNDERTAKING AND INDEMNITY :

a) The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may
arise during the custody of the vehicle by the Hirer shall be his/her own responsibility and if
any such claims arise against the owner of the Vehicle, 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 vehicle by the Hirer or for
any other incident that happens while the Vehicle 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, passengers or himself/herself or their respective legal heirs for all activities that
are undertaken while the vehicle is in the Hirer's custody.

b) The Hirer shall, at its expense, defend, indemnify, and hold Bykemania 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 Bykemania regarding any actions or inactions alleged or
arising out of the use or non-use of the vehicle while under the custody of the Hirer.

c) Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above
liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in
relation to the use of the vehicle by the Hirer any one under him or while the vehicle is in
his/her custody.

d) The Hirer undertakes the responsibility of any damage, theft, loss of property or any part
thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or
replacing the Vehicle for such damages, theft, or loss shall be borne by the Hirer. 

e) The rights granted to the Hirer under this Agreement are not assignable or transferable, in
whole or part. The hirer is allowing another rider to ride the vehicle, then details of the Rider
should be intimated to Bykemania in advance with copies of his/her driving license. 

5. DISPUTE RESOLUTION / ARBITRATION:

In the event of any dispute or difference arising between the parties with regard to the rights and
obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation
and effect of any terms and conditions of this agreement, 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.

6. GOVERNING LAW & JURISDICTION :

This terms and conditions and any disputes or claims arising out of or in connection with its subject
matter are governed by and construed in accordance with the laws of India and the Courts of
Bangalore shall be the competent court of jurisdiction.

7. ENTIRE AGREEMENT :

This Agreement contains the entire agreement 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. No modification of this Agreement shall be valid unless
made in writing and signed by both parties hereto.

The Hirer read and understood the above terms and Agree to abide by it.
Signature of the Hirer

Seal of BykeMania