For avoidance of doubt, the terms specified under "Definitions" in Terms and Conditions executed by you shall, unless contrary to the context, have the same meaning in this Self Drive Car T&C.
If you are booking any Tour which includes or involves any self drive Vehicle (whereby "Vehicle" shall have the same meaning as defined under The Motor Vehicles Act, 1988)then by booking such Tour, you acknowledge and agree to the terms and conditions of the Self Drive Vehicle hereof.
General Terms and Conditions for Self Drive Car
- These terms are applicable to you in addition to the terms and conditions set out in the Booking Form
- The terms and conditions of third party self drive car provider ("Third Party Service Provider") shall be applicable to you in addition to these Terms and Conditions.
- You are required to make payment towards the Security Deposit as informed by us to you at the time of taking the Vehicle on hire.
- If you wish to rent the vehicle on self drive basis then you should compulsorily have a driving experience of minimum of 1 year and you shall be further required to submit a copy of valid driving license, voter ID/Passport to us.
- You shall at all time be solely responsible / liable for any consequences (such as but not limited to accident, failure or loss or damage of any kind whatsoever) that may arise due to your acts, omissions, negligence, default or violation of any laws, rules and regulations. We shall not be held responsible / liable for any loss, damage, claims, demands, costs, charges or expenses arising upon you or any other person seated in the Vehicle for any reason(s) attributable to you or to the third party Service Providers.
- You are not allowed to make any modification, addition or alteration to the Vehicle and/ or replace any parts of the Vehicle. You shall ensure that the Vehicle is not damaged in part or in whole.
- You shall allow our official or the official of the Third Party Service Provider to inspect the Vehicle when the same is delivered back to us or to the concerned Third Party Service Provider. You shall return the Vehicle in the same conditions in which the Vehicle was taken by you clean and shall further ensure at the time of return that the Vehicle is in good order and condition in which the Vehicle was provided by us or the concerned Third Party Service Provider. In case you return the Vehicle damaged (in whole or in part), then you shall be held responsible / liable to make payments towards all costs and charges for refurbishing/repairing the Vehicle depending on the condition of the Vehicle at the time of its return. Furthermore, any and all decision made by us in this regard shall be final and binding on you.
- Any and all charges, costs, expenses as may be set out in the terms and conditions of the Third Party Service Provider, shall be applicable to you without any dilution or exceptions.
- In case of detention of the Vehicle or in case of any action taken in respect of the Vehicle due to any reason attributable to you, then you shall be solely held responsible / liable to take immediate action as suggested by us or the concerned Third Party Service Provider, to ensure that the Vehicle is released from such detention and shall further ensure that any and all claims (if any) arising in such regards are settled by you in full and final. In case you misplace or loose physical control of the Vehicle due to any reason, then you shall inform us immediately and if necessary, take appropriate measures to ensure recovering the Vehicle.
- We shall reserve our right to take any and all measures, actions in order to protect our rights and interests from any consequences arising due to any reason attributable to you or to the Third Party Service Provider or to any other third person. The costs incurred as a result of any such measures or actions mentioned hereinabove are to be borne by you and shall adjusted from the Security Deposit held by us. In case under such circumstances the Security Deposit amount falls short of payments due to us by you, then the same shall become payable upon you within 7 days from the date of intimation of the same by us to you.
- The Vehicle will be provided to you with full tank of fuel and you shall return the Vehicle with tank full of fuel and produce the receipt obtained from the petrol pump towards such refuelling for verification purposes. If the Vehicles is returned with lesser fuel then you shall pay to us the cost of the additional litres of fuel required to fill the fuel tank.
- You hereby understand, agree and acknowledge that the Vehicle is and shall, at all time remain the property of the concerned Third Party Service Provider and you shall have the mere right to use the Vehicle upon compliance of all your obligations as set out under these Terms And Conditions and the terms and conditions of the concerned Third Party Service Provider whose Vehicle you have hired.
- It is suggested that you purchase suitable insurance
- You shall indemnify and hold harmless us from and against all losses, claims, demands, suits, proceedings, judgements, costs, expenses (including reasonable attorney's fees) suffered or incurred by us arising in whole or in part, from :
- Any third party loss and/or damage caused by you.
- Any loss, theft and / or damage caused by you to the Vehicle and/or to our property or to the Third Party Service Provider's property.
- Violation of any laws, rules and statutes by you.
- Fraudulent misrepresentation made by you
- Any acts, omissions, default, negligence attributable to you.
- NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN OR ANYWHERE ELSE, WE SHALL NOT BE HELD RESPONSIBLE / LIABLE TO YOU FOR ANY LOSS, CLAIMS, INJURY OR DAMAGES, SERVICE DENIAL, SERVICE DEFICIENCY, MISSED SERVICES OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL LOSS AND / OR DAMAGE OF ANY KIND (INCLUDING LIFE OR LIMB) HOWSOEVER CAUSED ARISING OUT OF ANY ACTS, OMISSIONS, DEFAULT OF THIRD PARTY SERVICE PROVIDERS, OR OF ANY SERVANT OR AGENT EMPLOYED BY THE THIRD PARTY SERVICE PROVIDER, OR WHO MAY BE ENGAGED OR CONCERNED IN THE PROVISION OF SELF DRIVE CAR SERVICE OR ANY OTHER SERVICE COMPRISING THE TOUR PACKAGE BOOKED BY YOU.
- NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN OR ANYWHERE ELSE, YOU SHALL NOT HOLD US RESPONSIBLE / LIABLE HEREUNDER OR ANY CONTRACT EXECUTED IN RELATION HEREUNDER, FOR ANY ADDITIONAL LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES OR FOR LOSS OF PROFITS.
- NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN OR ANYWHERE ELSE, SAVE AND EXCEPT AS STATED IN HEREIN, OUR MAXIMUM LIABILITY TO YOU (IF ANY ARISING UPON YOU DUE TO REASONS SOLELY ATTRIBUTABLE TO US) SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL AMOUNT PAID BY YOU TO US TOWARDS BOOKING OF THE TOUR
- Your Travel insurance which is underwritten by Bharti Axa General Insurance Company Ltd. is an add-on benefit provided by TrawellTag Cover-More along with its assistance services and ancillary products, which is included in our tour package (excluding group tours and third party products) that entitles you to travel insurance cover during the duration of the tour. An additional charge is payable in case you wish to extend the duration of your tour. In case so required by the insurance company, passengers might have to undergo the required medical tests post which the insurance company will issue travel insurance at an extra premium paid by the passenger. We shall not be liable for any consequences arising due to a pre-existing medical condition on participation in adventure sports even if you have opted for an additional adventure sports cover. It must be noted that pre-existing diseases are not covered under this insurance policy.
- Please take note that, in case of demise of the tourist(s) all the arrangements for transportation of the deceased body including procuring the death certificate, post - mortem, re - patriation of deceased body and all personal effects / property and insurance claims etc. shall be made by accompanying relative and / or accompanying known acquaintances of the deceased. Company shall not be responsible for extending any help for the same. The entire expenses shall be borne by the accompanying relative / or accompanying known acquaintances of the tourist. The Company or any tour leader shall not be responsible for the same. In case any of the immediate or distant relatives or friends wants to visit the country where the tourist has expired for taking over the deceased body, all the necessary arrangements shall be made by the said relative / friends only at his / her cost.
- Please note that you would have a direct contractual relation with the insurance company and we are not in any manner responsible for the decisions taken by the insurance company. You shall directly submit claims to your insurance company. The insurance company shall directly pay the settlement amounts to you and any dispute in regard to rejection of claim or adequacy of settlement amount shall be settled by you directly with the insurance company. For details on risk factors, terms and conditions, please read the policy terms and conditions carefully.
- It must be noted that all Non-resident Indians / Foreign Nationals need to arrange for insurance on their own for the specified tour and time period as per the regulatory guidelines since Cox & Kings will not be liable to provide insurance for Non-resident Indians / Foreign Nationals.