This agreement is between Navya Auto World LLP(Team Rajasthan Bikes), Jaipur, India, corporate office Rajasthan Bikes C/O Navya Autoworld LLP Opposite Meerji ka bagh, near Amber tower, Sansar chand road, Jaipur 302001 (hereinafter referred as Rajasthan Bikes) and the rider member who hires Motorcycles from the former entity. This agreement dictates and governs all the regulations, rights, terms and conditions that co-exist between Rajasthan Bikes and the rider member. It is understood that the rider member agrees to all the terms and conditions laid out by this agreement when he/she hires a motorcycle or avails any other service from Rajasthan Bikes. If in any case, a rider member does not agree to any of the terms and conditions of this agreement, then such a person cannot avail the services of Rajasthan Bikes or hire any Motorcycles from Rajasthan Bikes. Rajasthan Bikes entirely reserves the right to modify or change the terms /regulations of this policy periodically owing to changes in the environment, which will be reflected on its website in the registration and booking pages or communicated to our members through emails as and when the changes occur. Please note that during any such changes in the policy, the modified regulations come into effect as soon as the changes are reflected in our agreement on our website or from the date the agreement specifies the “with effect from” clause. In any case, if and when a rider member books and hires a motorcycle from Rajasthan Bikes, it is assumed that the member has fully read and agreed to the latest (modified, if any) terms and conditions of the agreement. It is the duty of the rider member to read and understand the terms and conditions of the agreement as and when they are modified/changed (if any) before booking a motorcycle every time. Rajasthan Bikes will not be responsible if the rider member does not take note of the changes in the agreement. Rajasthan Bikes will take every effort to make sure such changes are reflected in key visual areas of interaction between itself and the rider member. In case of a dispute between this agreement and any document, deed or any other contract, the terms specified by this agreement shall prevail unless and otherwise authorized by Rajasthan Bikes itself.
(A) ELIGIBILITY CRITERIA FOR HIRING AND RIDING MOTORCYCLES FROM RAJASTHAN BIKES.
Only the rider members registered with Rajasthan Bikes who are active in their transactions are authorized to hire and ride our motorcycles at all times. Transfer of bookings is not possible through Rajasthan Bikes online system. If at all a non- member rides the motorcycle which has been booked under a different name, the liability still lies on the member under whose name the booking has been done initially. It is not sufficient to be just an eligible rider in order to ride Rajasthan Bikes motorcycles. Being a rider member, his/her transaction history and profile cleanliness with RB is vital in deciding whether the rider can hire our bikes or not. If a rider member has a bad history with laws of this country or state, be it traffic norms or any other, then Rajasthan Bikes can terminate his/hers membership without any notice. If the driver’s license of any active rider member of Rajasthan Bikes expires or is cancelled due to any reason, it is the duty of that member to notify Rajasthan Bikes through a written electronic medium. In such an event, the membership stands cancelled until the matter is resolved. Rajasthan Bikes strives to keep the riding records of its members clean and for this reason can verify the riding records of all its rider members and obtain all history from the concerned authorities. The members authorize Rajasthan Bikes to obtain such information on them as soon as they register to become a rider member of Rajasthan Bikes and also periodically, if need be. Any changes in the phone numbers, addresses, email addresses and other account related changes of the rider member has to be communicated to Rajasthan Bikes as soon as these changes take effect. The liability of such information flow lies entirely with the member. All confidential information like passwords, keys etc. pertaining to the Rajasthan Bikes account of the member is the sole responsibility of the member himself and Rajasthan Bikes will not be held accountable in any case where such private information might be stolen or misused by any non-member of Rajasthan Bikes. It is always better to change your passwords from time to time and keep it strictly confidential as it might be misused by anti-social elements.While riding the bike, if the biker crosses the speed of 100km he/she will be fined with Rs.500. If the breach of speed happens more than 3 times, the ride will automatically get cancelled. It is must for the rider to have the driving license with him/her while driving and the minimum age of the rider can be 21.
(B) PURPOSES FOR WHICH USAGE OF RAJASTHAN BIKES MOTORCYCLES ARE STRICTLY PROHIBITED.
Races of any type or speed contests or competitions. Any or all type of stunts causing danger to yourself or to the pillion or fellow travellers/public. Riding without safety helmets and necessary safety gear. Riding with more than one person as pillion. Commercial usage of any type deriving financial benefits. To carry out any type of anti-social acts or crimes or illegal acts. To pull or tow any other two wheeler for any purpose. To be rode by an individual under the influence of alcohol/drugs or any other conscious reducing item. Uncommon usage, irresponsible riding methods, over stressing and mishandling the motorcycles causing excessive wear of the vehicle parts and undue damage. Usage by member individuals who have provided incorrect information to Rajasthan Bikes or whose credentials have been found to be untrue by Rajasthan Bikes. Riding while using any type of electronic gadgets by the rider himself or the pillion causing distraction and loss of concentration of the rider. Engage in illegal/uncommon acts while using our motorcycles. Using our vehicles to carry unlawful/dangerous/hazardous material. Attaching any external structures to our motorcycles causing damage to the vehicle or other vehicles/human beings/animals coming in contact with it. Using fuel other than the prescribed quality or nature causing internal damage to the engine components. Attempting to steal/replace any part of the motorcycle in the name of repairs. Tampering the parts and their assembly from the usual setting and changing lubrication oil without the permission of Rajasthan Bikes. These forbidden acts listed above are not comprehensive in nature and any other activities not mentioned here that may prove to be detrimental to the motorcycles or the reputation of Rajasthan Bikes will be considered as illegal and action will be initiated against such members. The membership and bookings of such riders will be revoked immediately.
(C) BOOKING AND HIRING OF MOTORCYCLES.
Booking of motorcycles well in advance is insisted by Rajasthan Bikes and the entire amount payable will be processed at the completion stage of the booking. Any cancellations of the booking has to be done before the ride time starts and the charges that can be levied are mentioned as here under: *Before 24 hours – no charges, Between 24 hours and 12 hours*– 50% of booking amount, Within 12 hours* – 100% of booking amount * with respect to ride time Extension of ride time can be accommodated provided the same motorcycle is not reserved by any other rider member for the same duration you need the extension and your request reaches Rajasthan Bikes much prior to the end time of your present ride duration. In certain circumstances, an additional charge for extending the booking may be levied. Similarly, if a member wishes to shorten his booking for some reason, an additional charge for trip shortening may be charged by Rajasthan Bikes.
(D) PICKUP AND DROPPING OFF MOTORCYCLES.
The rider member has to pick up the designated motorcycle from the location that is specified in his booking order and at no other parking point. Similarly, the rider member has to drop off the motorcycle in the same working condition as before at the same location he/she picked the motorcycle from and at no other location in time before his booked ride time ends. The rider members are strongly advised to inspect the motorcycle before riding them off from the pick-up location for any visible, marked discrepancy or damage or flaw found on/in the motorcycle. Failure to report such a significant change will attract penalization towards the rider from Rajasthan Bikes as a causer of that damage and the rider member has to bear all the additional charges pertaining to that damage. Any type of damage that may happen to the motorcycle during the ride should be intimated to the Rajasthan Bikes executive when the member drops off the vehicle, which will be much appreciated by Rajasthan Bikes. However, a thorough inspection of every returned vehicle will be carried out by our crew and if there are any damages found on the vehicle, the same will be informed to the member, for which a suitable amount will be deducted from the member’s security deposit*(only in jaipur). If our crew fail to identify/locate the damage in the presence of the member and if they do so at a later time, then still the charges payable will reflect member’s account. The end of a ride is marked by an intimation to Rajasthan Bikes either through Rajasthan Bikes app or an SMS to the number provided to the rider. The keys has to be returned to the Rajasthan Bikes executive as soon as the vehicle is parked back at the drop off location. Failure to do so will attract delay charges for every hour of delay till the keys are returned safely in the hands of our executive. The absence of any tool/ component which are usually placed in the tool box will result in the rider member paying the equivalent costs to Rajasthan Bikes. The rider members are advised to inform Rajasthan Bikes on any type of abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc. as soon as they experience it. This is to prevent the usage of such vehicles by other members before they are rectified as some of these symptoms can lead to serious consequences.
(E) VEHICLE THEFT/DAMAGE BY THIRD PARTIES.
If a Rajasthan Bikes motorcycle is stolen during your trip, then you have to immediately inform the local authorities as well as Rajasthan Bikes without any delay. A formal FIR shall be filed in the local Police Station, the proceedings of which will be assisted and monitored by Rajasthan Bikes. The rider member’s information is very vital in such a scenario and we strongly advise the member to be very accurate and true in the information he/she provides as any deviation in this regard will lead to complications not only in legal matters but also in the insurance dealings. Any such situation should occur, the rider member will be held completely responsible for the vehicle in question. If the rider is involved in a situation where a third party accidently/purposefully causes damage to the motorcycle, then the rider has to follow a legal documentation procedure involving a police complaint and all the required information. Rajasthan Bikes will again be at your service, providing you all the assistance required.
(F) SAFETY ISSUES.
The rider member and the pillion (if any) should wear ISI marked safety helmets at all times. Rajasthan Bikes strictly insists on safety being the utmost priority and there can be no compromise in this regard. If it is found that any rider member is riding Rajasthan Bikes Motorcycles without safety gears, then his membership may be suspended or even terminated for life. No stunts or uncommon riding methods are allowed on Rajasthan Bikes Motorcycles and any such violations will lead to immediate termination of membership.
(G) MECHANICAL FAILURE/BREAKDOWN/CLEANLINESS/MAINTENANCE DURING THE RIDE.
Though Rajasthan Bikes ensures top rate maintenance of all the motorcycles in its stables, these vehicles are susceptible to breakdown once in a while owing to many uncontrollable situations. The following points are to be kept in mind regarding maintenance, cleanliness and breakdowns: Rajasthan Bikes has an exclusive network of specialist Mechanics which we have located strategically owing to the various outstation destinations. In case of a breakdown, Rajasthan Bikes will immediately put the rider member in contact with the closest Rajasthan Bikes associated mechanic who will repair or rectify the fault so that you can get on with your ride as soon as possible. All you need is to contact us immediately. We keep our motorcycles at Rajasthan Bikes neat and shining. Hence, we expect our customers to maintain minimum level of cleanliness. Rajasthan Bikes may charge a small amount if the motorcycles seem far too dirty.
(H) TRAFFIC VIOLATIONS
As a responsible rider member of Rajasthan Bikes, you need to be aware of all the traffic/riding norms and should never break any law while you ride or when you park the vehicle. Rajasthan Bikes allows only legal and safe drivers to rent motorcycles from them. If there is any violation of a traffic/parking rule 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 as Rajasthan Bikes has no liability whatsoever in this matter.
(I) USAGE OF MEMBER INFORMATION/PRIVACY
Rajasthan Bikes respects privacy of its rider members and assures to safeguard only certain sensitive personal information pertaining to its members in accordance with the law. However, other personal information of the riders can be used by Rajasthan Bikes in order to extend or obtain third party services. Such information may also be shared with relevant government agencies if asked to furnish any data. 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 this information is not obtained by Rajasthan Bikes to monitor your movements and may be given to Government agencies like the Police Department and to private entities such as the Insurance Companies. Rajasthan Bikes may also collect non-personal information such as your IP addresses, number of visits to the sites, time spent on our websites etc. to other third party agencies for the mutual benefit of Rajasthan Bikes and such agencies. The visitors or members to Rajasthan Bikes web page may also find links to other websites advertising their own service or products. Rajasthan Bikes cannot be held responsible for any personal information being used by these websites. Though Rajasthan Bike stakes utmost care in safeguarding the members’ personal information, we cannot be held completely responsible if any member information leaks or is compromised due to security reasons.
(J) LEGAL CONFLICT
In case of a legal dispute or conflict, only the courts of Jaipur City, Rajasthan shall have sole and absolute jurisdiction in all matters initiated before the court of law, emerging due to any disagreements or conflicts between the rider member and Rajasthan Bikes and the services rendered by it. Rajasthan Bikes has the right to extract minimum fee towards legal counsel in any situation wherein Rajasthan Bikes is one of the parties in a legal battle. In times of such legal conflicts, Rajasthan Bikes insists the loyalty of the rider member in the matters relating to the case and expects the rider member to move in accordance with the guidelines/terms given by Rajasthan Bikes and the member should not in any way act in the manner proving detrimental to Rajasthan Bikes.
(K) AGREEMENT WAIVER POLICY
Rajasthan Bikes follows the no waiver policy pertaining to this agreement. Henceforth, the rider member cannot assume or consider that any part of this agreement is waived off under any circumstance unless and until Rajasthan Bikesthemselves decide to waive of one or many terms of this agreement.
(L) NON-TRANSFERABLE RIGHTS
The rights a Rajasthan Bikes rider member enjoys are very exclusive and specific to him/her and under no circumstance shall these rights be transferred to any other non-member individual. In such a situation, all the terms of this agreement shall be termed null and void.
(M) AGENT POLICY
No member shall behave or propagate as being an agent or an employee of Rajasthan Bikes as Rajasthan Bikes strictly follows a no agent policy.
(N) POLICY REVISION