Between Ishan Bike Riders, a company incorporated in India and having its registered office at 957A, Naiwala Faiz Road, Karol Bagh, New Delhi, 110005, (hereinafter referred to as "Ishan Bike Riders" which expression shall, unless repugnant to the context or meaning thereof deemed toinclude their executors, administrators, legal representatives and assigns) of the First Part and theHirer ( You) (whosoever take on hire the select models of bike(s) from the list of wide varieties of bikes owned and operated by the Ishan Bike Riders). Ishan Bike Riders and Hirer are collectively referred toas "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, unlessrepugnant to the context or meaning thereof deemed to include Riders of the vehicle as authorized by you, your executors, administrators, legal representatives and assigns.
The customer is not authorized to lend the bike to any person without informing Ishan Bike Riders. In such cases the customer needs to verify the documents of the additional rider before starting the trip. Failure to do so would attract a penalty of ₹1000. - lending it furtherIf Ishan Bike Riders 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 Ishan Bike Riders 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 Ishan Bike Riders. Without your acceptance of the terms and conditions, Ishan Bike Riders 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.
Ishan Bike Riders is in the business of providing motor vehicles and two wheelers on hire in Delhi. WHEREAS the Hirer is eager to avail the services and take on hire a motorbike and he has filled the online form containing his address and contact details, and uploaded / or agreed to provide the identity proof, and other required details. 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.
Motorcycle needs to be returned at the specified Date/Time as mentioned during booking on the website/invoice copy. Delay of more than 30 mins without intimating the customer care/Field executive would attract penalty of ₹100/hr plus standard hourly charges. Customer has to drop the bike at the same location where it was picked up. No requests will be accommodated for drop location change.
Trip extension requests are to be made at least 4 hours before the drop off time. Such requests are to be made to customer care/ Field executive over the phone. As per booking schedule, they may confirm or deny the request depending on the bike availability. In case the customer feels that they will be late for the drop, they should call the field executive or customer care for extending the trip. Extensions are subject to availability. Pickup date, time and location cannot be changed once a booking is confirmed.
Charges for Trip extension:
Weekdays (Mon-Thu) - 1.5x rent for extended duration.
Weekends (Fri-Sun) - 2x rent for extended duration.
ASSURANCE BY THE HIRER
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.
General Terms and Conditions
The Hirer shall abide by the following
The Vehicle shall be used fully complying with the Motor Vehicle laws, rules notifications, and other general laws.
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 Ishan Bike Riders.
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
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, overspeeding, 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 Ishan Bike Riders, being the owner or permit holder of the vehicle, the Hirer has to compensate Ishan Bike Riders’s all costs, fines and legal fees incurred.
If the rider over speeds beyond the limit set as per the traffic rules or any other laws, Ishan Bike Riders 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
Ishan Bike Riders shall also impose a fine of Rs. 100 per breach of speed beyond 80 kmph for bikes 500cc and below and speed beyond 110 kmph for bikes 501cc and above during the tenure of the ride on the hirer. Ishan Bike Riders shall also have the right to blacklist the rider at its discretion.
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.
The Vehicle shall be returned at the time date mentioned in the Booking form without any fail.
If there is any damage to vehicle, Ishan Bike Riders 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 to Ishan Bike Riders. In the event of an accident the hirer shall pay ₹25000 or market value price(If greater than ₹ 25,000) for motorcycles more than 500 cc and ₹15000 or market value price(If greater than ₹ 15,000) for motorcycles below or equal to 500 cc. 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 provide a crossed cheque in the name of Ishan Bike Riders which shall be used to settle the amount. The hirer shall not issue stop payment request to his banker on such cheque issued.
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.
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 info@Ishan Bike Riders.com. The Hirer shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to Ishan Bike Riders immediately. Any misstatement or concealment is an offence. Ishan Bike Riders shall not protect the hirer with the its insurance if the hirer doesn\'t follow the above instructions.
If any authority has penalized or fined, the driver or the vehicle owner 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 Ishan Bike Riders
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 Ishan Bike Riders or any other person associated, responsible for any loss of life or property due to the condition of the Vehicle.
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.
Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is Ishan Bike Riders shall penalize the hirer if it is found that the hirer has caused excessive wear and tear to the vehicle.
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.
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.
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.
In case of damage to the motorcycle due to accident/mishandling/carelessness, appropriate charges will be calculated by the vendor and the customer is liable to pay the same to the vendor along with the daily rent until the bike is ready for renting again. In case of theft, the customer is liable to pay in full the market rate of the Motorcycle. In case of Engine fault or failure the customer needs to contact with vendor/ Field Executive before repair. Original printed invoice is mandatory to claim reimbursement for the same Motorcycle bookings are subject to availability. Ishan Bike Riders reserves the right to cancel any booking if deemed necessary.
Cancellation policy: If you cancel the booking the refund would be made as per the following schedule- Pickup Date and Time cannot be changed once the booking is confirmed. Cancellation Charges are applicable as mentioned below: 48 hours before the trip start– 100% of bike rental (No Refund) 3 days before trip start – 20% of bike rental (80% 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. Any kind of cancellation or refund it will take 7-10 days to reflect your bank accounts.
Crossing the State Boarder : The rider has to inform Ishan Bike Riders 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. Ishan Bike Riders will not be
responsible for any damage to life and property if the necessary permits are not taken while
entering another state.
Documents to be submitted : The following would be the documents that need to be submitted for renting the bike- Valid Driving License to ride a motor-cycle with 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 Any two of the following Below mentioned documents need to be verified in original for each rider. Document 2 will be deposited at the time of pickup and returned during drop off. In case of failure to furnish the documents, the order stands cancelled. No rent refund would be issued in such cases.
Document 1 – Driving License (In Original)
Document 2 – Passport, Election Card, Aadhaar Card (In Original, Any one of the before which would be submitted ).
*NOTE : Coloured Copies of Any of the above documents will not be entertained.
Age limit: Hirer shall ensure that rider has to be at least 20 years of age to ride the bikes and 21+ to ride a super bike.
Mechanical failure/breakdown/cleanliness/maintenance during the ride: In case of a breakdown, the Rider/ Hirer has to immediately intimate Ishan Bike Riders about the same and the location and kind of defect. Ishan Bike Riders 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, Ishan Bike Riders 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.
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 Ishan Bike Riders while returning the vehicle.
The Rider is duty bound to inform Ishan Bike Riders, if he/she notice any abnormality in riding comfort, conditions, manoeuvrability, excess vibrations, uneasiness etc.
HELMET : There is one complimentary helmet provided by Ishan Bike Riders and they have to be returned without any damages during the drop.In the case of loss of a helmet, the customer is liable to pay a fine of ₹1000. In case of minor damages to helmet, the customer is liable to pay ₹300/helmet and for major damages, customer is liable to pay ₹500.
The minimum billing for Kawasaki Z800, Ninja ZX14R, Intruder M1800R and Harley Davidson Heritage SoftTail Classic will be on the basis of Kilometres i.e, the price displayed on the website would be for 110km/day. And ₹ 125 would be charged for extra kilometres on a per kilometre basis for all the above listed bikes.
For the rest of the bikes, unlimited kilometres apply, and the minimum billing would be for 5 hours.
PRIVACY: Ishan Bike Riders 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 Ishan Bike Riders 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 hospitalisation 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 Ishan Bike Riders, d) inform you the developments in the business, e) sell items and goods offered by Ishan Bike Riders 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 Ishan Bike Riders could identify your location in a given point of time.
UNDERTAKING AND INDEMNITY : 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.
The Hirer shall, at its expense, defend, indemnify, and hold Ishan Bike Riders 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 Ishan Bike Riders 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.
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.
The Hirer undertakes the responsibility of any damage, theft, loss of property or any part there of 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.
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 Ishan Bike Riders in advance with copies of his/her driving license.
NO AGENCY: Hirer will never be deemed to be Ishan Bike Riders\'s agent, servant, or employee in any manner for any purpose whatsoever.
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.
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.
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.