When providing you with a vehicle, HOLISCOOT is liable to you, and you are liable to HOLISCOOT under the general and specific conditions of the present agreement, and you acknowledge that you have read and understood such conditions before signing the Rental Agreement. In case of non-compliance with the terms of agreement, any additional insurance and supplement for protection to which you initially subscribed will be cancelled. In such case, you only are responsible for all damage caused by you (including the damage on the vehicle not exceeding the vehicle’s market value).
The Renter refers to HOLISCOOT, the legal name of which appears on the Rental Agreement. HOLISCOOT rents to the Rentee the vehicle that is described in the attached document – Description of the vehicle’s condition. The Rentee refers to the natural person in the name of which the agreement is made and whose signature appears on the agreement. He/She is the payer and the driver. By accepting this offer, the Rentee agrees to comply with the terms and conditions described hereunder. Note that the present agreement includes the Rental Terms and Conditions; the Description of the vehicle’s condition, which is reviewed by both parties before departure and at restitution of the vehicle; invoice and deposit.
CONDITIONS FOR SCOOTER RENTAL
For a 125 cc vehicle, the renter must meet the following requirements:
- Be over 20 years old.
- Provide a valid ID proof.
- Provide a valid class A, A1 or B driving license that was issued for more than a year.
For a 125 cc vehicle, a Rs 10,000 non-cashed deposit by credit card is required. Note that if you book online, only the credit card used for online payment will be accepted.
CONDITION OF THE VEHICLE
The vehicle that is allocated to the Rentee under this Rental Agreement is the one described in the Description of the vehicle’s condition document, which is reviewed by both parties before departure and at restitution of the vehicle. Visible damage on the vehicle, mileage and fuel level at departure are recorded in the document. By signing the agreement, the Rentee agrees to the condition of the vehicle and the provided accessories as mentioned in the Description, and thereby acknowledges their good state. The Rentee is expected to return all the items in their initial state – failing which he/she will be required to refund the price of the items at their standard market value or as indicated on EMCAR’s repair quotation – and in the same state of cleanliness as at departure, or otherwise pay additional washing fees. Any reservation regarding the condition of the vehicle or the provided accessories must be recorded by the Rentee on the Description document prior to collecting the vehicle.
TERMS AND CONDITIONS OF RENTAL AND USE
Rental service is agreed for a specified period as stated on the Rental Agreement, and is exclusively reserved to the Rentee and signatory of the agreement. It is in no case transferable. At the handing-over of the keys, the Renter gives the Rentee a certificate of insurance and a valid vehicle registration certificate. As soon as the Renter hands over the vehicle to the Rentee, the latter has the entire custody of the vehicle and becomes fully responsible for any road traffic offences, parking fines, speeding tickets, customs offences or any other legal contraventions established against him/her. For each contravention, the Renter will charge the Rentee a fixed allowance of Rs 500 towards the administrative costs incurred for communicating contacts details and sending the notice for incremental fine or contravention. The Rentee commits to lock the vehicle at each stop, using the anti-theft device; the keys shall in no case be left on the vehicle. The Rentee further agrees to use the vehicle with care, with caution and to its intended purpose, in keeping with traffic regulations and more generally to all applicable legal provisions and regulations.
The Rentee more specifically agrees:
- not to let anyone else drive the vehicle
- not to overload the vehicle by transporting more than one passenger, for instance
- not to take additional passenger as a paid service.
- to drive on roads intended for normal circulation and to neither take part in any race, competition or rally, nor to try or prepare for it
- not to use the vehicle for illegal purposes.
- not to alter any equipment or add anything on the rented vehicle.
The Rentee shall neither reassign, sell, mortgage or pledge the present agreement, the vehicle, its equipment and accessories, nor handle them in a way that would adversely affect the Renter.
The Rentee agrees under the present agreement that the vehicle can be fitted with an anti-theft satellite-tracking device, which will enable us to locate the vehicle at any time.
The Rentee agrees to proceed to regular maintenance of the vehicle – that is every 500 km – and check oil level, coolant level, tyre pressure, etc. Any servicing or repair following a road accident, or more generally any intervention on the vehicle, shall be performed at HOLISCOOT only, failing which the responsibility of the client will be questioned and the costs of any repairs and replacement of parts will be charged to him/her. The replacement of flat tyres resulting from unusual tyre wear during the rental period, or the replacement of locks due to loss of keys or parts will be charged to the Rentee at the cost of the applicable market prices.
RATES AND EXTENSION
The applicable rental rates are those agreed upon at the signature of the agreement. Rental fees are payable in advance, and the amount depends on the duration of rental under the agreed conditions. In case the vehicle is brought back to the Renter prior to the due date, the total amount paid for the rental remains to the Renter. The Rentee incurs all fuel expenses. The basic package is calculated on a daily and/or kilometric basis as per the applicable rates. It also includes an all-risk third-party liability insurance for 125-cc vehicles. Mileage will be determined from the odometer that was installed on the vehicle by the manufacturer. If the Rentee wants to keep the vehicle for an extended period, he/she must obtain the Renter’s prior approval and immediately provide upfront payment for the newly agreed rental period.
RESTITUTION OF THE VEHICLE
The Rentee agrees to bring back the vehicle to the Renter on the due date, at the due time, to the agreed location, and in any case during office hours. Rental duration is based on a 24-hour cycle, which means it starts at a certain time on the start date and ends at the same time on the end date. If the agreed time is exceeded, the Rentee will be charged for another 24-hour period. The Rentee must advise the Renter, without delay, of any event which may prevent the restitution of the vehicle at the due time and date, otherwise exposing himself/herself to civil or criminal litigation. The Rentee is relieved of his/her liability only when the vehicle is returned to the Renter with the keys and all legal documents at the agreed location, failing which he/she will still be charged at the initial daily rate until the vehicle is returned. In case the Rentee refuses to sign the return description of the vehicle, he/she agrees that the Renter may request establishment of the return description of the vehicle from an independent expert, and that the related service fees will be charged to him/her. If the vehicle is returned in a different state than on departure, the Renter may charge the Rentee for any damage found on the vehicle and any missing accessory according to the applicable market prices. In any case where damage occurs in the vehicle, the Renter will charge the Rentee a fixed allowance of Rs 2000 for the administrative costs incurred, regardless of the type of additional insurance or supplement for protection the Renter subscribed to. If the vehicle is returned with fuel level below the one indicated on the Description document, the difference will be charged to the Rentee to a fixed price of Rs 50/L.
BOOKING AND CANCELLATION
In order to validate the booking, the amount of the rental must be paid when the booking is confirmed. To cancel a booking, the Rentee must inform the Renter by email or registered mail. If the cancellation notice is received 48 hours or more prior to the rental start date, the Renter will refund the rental amount with a 25% deduction to the Rentee. If the cancellation notice is received within 48 hours prior to the rental start date, the Renter will refund the rental amount with a 50% deduction to the Rentee, and the vehicle will become available for rent.
When cancellation is made after the agreed date and time of departure, the total rental amount will remain to the Renter. In such case, the latter may deduct the due amount from the Rentee’s advance deposit. There will be no refund in the following cases:
- Vehicle is rented on a shorter period than the one established in the booking
- Rentee does not show up on the start date
- Rentee arrives late to take the vehicle.
- Rentee fails to provide the same credit card that was used for online payment
- Client cannot make a deposit.
- When cancellation is made after the agreed date and time of departure, the total rental amount is due to the Renter.
- In any exceptional case where a HOLISCOOT agency is unable to the client’s booking, the Renter commits to advise the latter by email or by phone, in order to discuss any possible change to the booking or cancel it. Where no alternative solution is found, the Renter commits to refund the total rental amount to the Rentee without delay.
INSURANCE COVERAGE AND EXCLUSIONS
The insurance covers the Rentee designated on the agreement, plus one. The use of the insured vehicle is strictly limited to leisure rides and/or commuting as per the Insurance Terms and Conditions. For scooters, the insurance policy covers all-risk damages, excluding clothes and transported objects, with an incompressible excess of Rs 10,000. Such insurance coverage applies exclusively during the period stated on the Rental Agreement and subject to the Rentee’s compliance to the rental’s Terms and Conditions. Outside this period – and unless an extension of the rental period is granted – the Renter declines all responsibility to any road accident the Rentee may cause and to which the latter is personally liable, except the responsibility to apply the exclusions provided by the law. In the present agreement, the Rentee agrees to such insurance policy and to comply with the terms and conditions thereof. The Rentee agrees to take all appropriate actions to protect the interests of the Renter and the Renter’s insurance company in case of accident during the term of this agreement and further agrees:
- To report any theft or attempted theft of the vehicle to the police and to the Renter without delay, and to provide the Renter with the complaint record and the original vehicle keys within 48 hours
- To immediately report to the Renter any road accident involving the rented vehicle, and to provide the Renter with a readable copy of the joint accident report, duly filled and signed by the parties involved and including the witnesses’ contact details, where applicable
- In case of single accident damage, to provide information on the exact circumstances of the accident
- To join any police report or certified report by bailiff where applicable
- Not to negotiate nor to compromise with third parties on the damages caused by or deriving from the accident.
The Rentee is not insured, even under the optional insurance that he/she may subscribe to, in the following cases:
- The Rentee fails to return the original vehicle keys to the Renter after reporting a theft, and such theft can be imputed to him. In such case, the Rentee will be required to refund the value of the vehicle as estimated by an expert
- Damages are identified on the vehicle, resulting from burns, deterioration, overweight, overestimation by the driver of the vehicle’s capacity; damages on the tyres, wheels and wheel covers and related mechanical failures
- The driver is drink-driving, as per specifications of applicable traffic regulations, or has taken drugs, any illegal substances or any medication without prescription, or with prescription while it is instructed on the medication label that it may cause drowsiness
- Damages to the vehicle occur when it has not been returned on the due date – unless an extension has been granted by the Renter – in which case it is considered that the Rentee has acted against the Renter’s will and hijacked the vehicle
- The Rentee has intentionally provided the Renter with false information on his/her identity, address and/or driving license expiry date; or false statements on the joint accident report, insurance claim or return description of the vehicle
- Any damage or loss, regardless of their nature, of personal items, objects or animals transported on the vehicle (unless the Rentee subscribed to the Transported Goods insurance)
- The damages were intended by the Rentee
- The vehicle is used for paid service or for driving lessons
- The vehicle is rented and loaded with more than one passenger or a heavier load than what the registration certificate allows.
EXCESS AND SECURITY DEPOSIT
The Excess is the maximum contribution payable by the Rentee towards the damage covered by the insurance. The Security Deposit serves as security towards any possible amount the Rentee could owe the Renter under the execution of the present Rental Terms and Conditions. The Rentee agrees from the start that the Renter may deduct any due amount towards additional fees, as defined in the agreement, from the Rentee’s bank account through the deposit pre-authorisation. The Security Deposit can be remitted for collection in case of non-compliance to any provision of the present Terms and Conditions or if the Rentee fails to settle the due amounts when the vehicle is returned to the Renter. Except for the cases of exclusion defined in this document, the Security Deposit will be returned to the Rentee when the scooter will be returned to the Renter with its keys and documents.
JURISDICTION AND DISPUTE SETTLEMENT
For any claim, the Rentee must contact HOLISCOOT’s head office. You will find the contact number on the Agreement. Any dispute regarding the interpretation or execution of this agreement shall, unless amicably resolved between the parties, and to the extent permitted by law, be under the exclusive jurisdiction of the Court in the district where the renting office is registered.