TERMS AND CONDITIONS

SELF DRIVE

-It is customer's responsibility to inspect the vehicle and report/record damages at the time of taking the delivery of the car. Any complaints later on will not be entertained

-If you have opted for Delivery of the car to your location please call +91 9819655509 to coordinate.

-Prices are calculated based on the destination discussed at the time of booking. Any changes need to be shared with us and it might impact the prices and other RTO regulations.

-All caravans are insured bumper to bumper for the safety of the individual, third party and the vehicle and the insured amount varies from vehicle to vehicle. But usually it is high.

-Any damages, internal or external will be first recovered from the customer's safety deposit and if it exceeds, customers will have to pay up additional amount. The decision to apply for Insurance in such matters lies with the provider.

-Per day 300Kms is allowed and additional Kms are at extra cost

-Maximum speed allowed is 80Kms/Hr Over speeding may result in a penalty of Rs.1500/offense

-No Alcohol, Drinking or Smoking Allowed inside our Luxury Fleet. If not returned in a clean condition, cleaning charges will be applied or more depending on severity

-All local Taxes, Tolls, Parking Tickets, Traffic Violations are paid by the customer. Any serious traffic violations may attract an additional fine for jeopardising the public safety

-Fuel to be borne by the customer. All Rides are Full Tank to Full Tank. Fuel at actual will be charged if not on return as an additional charge

-Any damages related expenses will be completely borne by the customer at the time of return. It will be either deducted from the deposit or will be billed after the trip

-Causing damages will attract additional charges for downtime as the vehicle may become unusable for other customers and causing loss to the company

-Complete Address where the car will be parked (Street side parking is not allowed and will be detected by our GPS System and may attract penalties)

-Send your DL and Aadhaar copies by email to us before the date of journey

-We charge small fee each way for Pick up and Delivery of the cars.

-Car can’t be abandoned on the road or anywhere without duly informing Hype and taking approval. This may result in impounding the Security deposit and further legal action for negligent behaviour

-No littering (All sorts of waste like; paper, plastic, bio waste etc.)

-No trespassing. Respect everybody’s personal and physical space.No loud music when parked in the wild. Be one with the nature.

-The age limit of the person driving should be of age 22 or above.

-We have a tie-up with MTDC resorts for parking, washrooms and other amenities. If you choose to take the vehicle to the locations other than our official partners, the vehicle and your safety is completely your responsibility. If you choose to do so you agree that you are doing it at your own risk.

-Always wear seatbelts.

CHAUFFEUR DRIVEN CARAVANS

- All Tolls, Taxes and Parking Fee are borne by the customer

- All distance and time are calculated from Garage to Garage

- Any damages to the vehicle either temporary or permanent, done by the customer will be fully reimbursed by the customer to the extent that the vehicle is fully back up in to operation

- Prices are calculated based on the destination discussed at the time of booking. Any changes need to be shared with us and it might impact the prices and other RTO regulations

- Influencing the chauffeur to drive rash or abusing our chauffeurs in anyway is strictly prohibited. All complaints must be directed to Motohom at any point in time before, during or after the journey

- Adding more passengers than the legal limit is strictly not allowed and the vehicle will return in such cases without any refund

- our chauffeurs will have to full authority to deny boarding to customer in case of any alcohol,drink or any other potential hazards to the safety and features of the vehicle or journey. He may simply return to our office even without informing in such cases

- Carrying illegal Fire arms, ammunition, drugs or any other illegal activities is prohibited and the journey shall be continued and vehicle returns the moment it is found out

- Children below the age of 18 can't travel alone and must be accompanied by an adult at all times

- Airport transfers are not part of the outstation/local trips. Please verify with us if you are planning Airport pickup/Drop off service.

- In case of any questions or complaints please reach out to us at www.motohom.co.in or call us on +91 9819655509 / 8369455835

GENERAL CONDITIONS

- We usually have a good mix of latest and previous generation caravans in the fleet. We strive to send you the latest editions based on availability and can't guarantee new ones always. If you have specific requirements for certain models, please call us and specify the requirement so that we can explore the serviceability.

- Safety of our vehicle, chauffeur and passenger is utmost important to us. In case if we feel the contractual terms or safety standards are compromised for whatever reason, we may retrieve the caravan and chauffeur unconditionally. Refunds are subject to further evaluation.

- In case of any communal riots, natural disaster or any other threats that our chauffeurs encounter during the trip, we may call back the caravan without prior notice to the customer

- In case if the caravan is used for any illegal activities, the customer will be completely responsible for the entire issue including the compensation to us.

- Caravan are issued to the person who contacts and sends details to Motohom. If at any point in time we found that the caravan is being driven by a different person or used for a different purpose, we can cancel the trip abruptly and recall the caravan without any refunds.

- All calculations of Time and Distance are from Garage to garage for both With Chauffeur and Self Drive

- We reserve the right to refuse bookings or on-boarding of customer without any explanation as per our safety and security standards even if the booking has been received

- These T&C are constantly updated and the latest conditions are applied even if it is not available in the invoice at the time of booking.

- In Chauffeur driven caravan, maximum driving duration is for 12Hrs and 400Kms only [whichever occurs first]. We reserve the right to stop the journey as it is not good for neither the chauffeur nor the car for prolonged journeys

- Our chauffeurs must be treated with respect, dignity and humility. Abusing them in any manner might lead to legal action against the customer

- Customer name used in the Booking invoice will finally be responsible for all T&C mentioned here in order to return the caravan in the condition given.

- Any damages caused or violation of traffic rules may result in profuse delay in refunds

1. Definition of relationship

The terms of use (called as "terms" here onwards) sets forth the rules that govern the access and usage by you, in the capacity of an individual or an institution from any country for all the content, products applications, and services (called as "services" here onwards) made available by Motohom, a private limited company established in India, having its registered office at B/108, Suraj Apt. Jangid Home, Mira Road (E) Mumbai, Maharashtra.

By accessing the website and use of the services, you agree to be legally bound by the clauses and sub clauses mentioned hereunder. In case you do not agree to the terms of use, you are requested not to access or use the services. This terms of use supersedes any prior agreements or arrangements made earlier with you. Motohom reserves the right to terminate any services with respect to you, or to deny any services or access at any point of time without any prior notice for any reason.

Motohom reserves the right to amend the Terms of use related to the services from time to time. All such amendments and updates shall come into effect immediately upon posting the amended Terms. You are therefore advised to read the Terms of use periodically to remain informed about the latest amendments. By continuing to use the services after posting of amendments constitutes your explicit consent to be bound by the amended Terms.

2. Services of Motohom

The list of services shall include the technology platform that enables Motohom’s websites users to schedule transportation services with private and independent providers in agreement with Motohom. Unless and otherwise explicitly agreed by Motohom in the same or a separate written agreement with you, the services that are made available are solely for your personal and noncommercial use. Also, you hereby acknowledge that Motohom may not provide transportation services or its function as a transportation carrier and all such services are always provided by independent and third party agents/contractors who are not employed by Motohom.

Restrictions to use.
  • The users of the Website shall not:
  • (i) remove any copyright or trademark present in any part of the services
  • (ii) remove any of the proprietary notices from any part of the services;
  • (iii) indulge in activities like modifying, reproducing the work or prepare any derivate works
  • (iv) indulge in distributing the license, sell or resell the service or part of the service nor transfer the licence to third party without prior approval
  • (v) indulge in exploiting the services of the website by displaying in public, transmit or broadcast any of the services licensed to you or permitted by Hype;
  • (vi) indulge in unlawful activities which include reverse engineering or disassembling the services with the intention of launching any programs which could result in disrupting the services or any portion of it
  • (vii) uses any robot, spider, other automatic device, or manual process to monitor or copy or gain unauthorized access which could result in impairing any aspect of the services
  • (viii) For best user experience we recommend to use latest Google Chrome Browser or latest Safari Version. Other browsers are not supported and may not fully deliver as expected.
License and Ownership

The services provided and the related rights shall be protected under applicable intellectual property laws and will remain Motohom's property and Motohom's licensors. The terms of use and privacy policy does not provide the user rights to use logos, product and service names of Motohom in any manner. The content and services are protected under applicable copyright and trademark laws.

3. Acceptable use of the services

Acceptable use policy.

The services provided by Motohom are not available for use by minor persons under the age of 22. The usage of the services from Motohom or any associated third party services by any person under the age of 18 will be permitted only if accompanied by you.

You shall not authorize any third party usage of your account and shall not transfer your account to any person or third party entity.

It is your sole responsibility to ensure that you will not use Motohom services for any unlawful purposes including transport of illegal, unlawful and hazardous material.

While using the services of Motohom, you shall ensure that you do not cause any nuisance, disturbance, inconvenience or any type damage to the property of the service provider or any other associated third party. Violation of such acts will result in penalising you for the damage done to the assets and can raise litigation for dereliction of your responsibility and careless behaviour towards our vehicles and crew members.

You may be asked to provide proof of identity under some instances while accessing the use of the services, and if you fail to provide the identity, then you may be denied access to use the services.

User submitted content.

From time to time Motohom may at its sole discretion allow you to submit or upload content such as text, audio or video or any other information which could include comments, feedback with regards to our services, support or service requests and also submission of information in response to competitions and promotions. All such content uploaded or submitted by you will be solely your individual responsibility. By posting any content on Motohom, you represent and warrant that you grant Motohom irrevocable and absolute royalty free license, which is applicable worldwide and is forever. Motohom shall have the absolute rights to use the content or to modify it, create derivatives of the content, display publicly the content, sublicense the content in any format through any applicable distribution channel in connection with the services provided by Motohom or as to any third party site or services without invoking any payment of fee or without any notice or consent from you or any other entity, at any point of time.

  • You also agree that
  • (i) by posting any content, you represent and warrant that you own such content or otherwise have the right to grant the license set forth to Motohom
  • (ii) such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
  • (iii) such content does not violate any of the provisions contained in this Agreement or any applicable law;
  • (iv) you may pay all the royalties, fees, and any other amount owing to any person by reason of the posted you being proprietary to a third person;
  • (v) you shall be solely responsible for violation of any mutual agreement between you and the actual owner of the content, in case you are not the owner of the posted content.

You shall not post any user content that is s harmful, threatening, abusive, violent, harassing, tortuous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

Motohom shall not be liable or obligated to monitor, review the user content submitted or remove any such content. However, Motohom shall reserve the rights to remove any user content at any point of time, for any reason without any prior notice to you or any other connected entity.

4. Purchase and Payment information

Usage of services and goods provided by Motohom or any third party provider will involve applicable charges for which you shall make payment in advance at the time of booking your trip. Motohom will facilitate and ensure payment of the applicable charges on your behalf to the third party provider. The charges applicable may not include applicable charges as required by law. Refund of the charges or payment will be determined by the refund and cancellation policy setup by Motohom. All refunds are processed once the vehicle inspection is completed and any receivables are completely taken into account. Post that your Bank might take 7 - 10 Working days to reflect it in you Payment account. The receipt for all payments for the charges applicable will sent to you by email.

Any additional charges due after completion of the trip based on the applicable rates will have to be paid immediately on receipt of notification related to payment due and shall be charged against the payment method as designated by you on the App. Failure to which may result in legal proceedings including the charges for all of the administration charges involved in recovering the outstanding amount.

In case of the primary payment method provided by you is incorrect or invalid or has expired you will not be able to use the services of Motohom until valid and correct information is updated and in such cases where any pending payment is applicable, you will ensure that the payment is completed through any other mode of secondary payment.

All applicable service charges will be subject to revision / removal or establishment as and when necessary by Motohom at its own discretion. Motohom may provide some discounts and promotional rates due to which the charges may vary from client to client for the same services and you acknowledge that these rates may or may not be applicable for you. Any cancellation made by you will be subject to cancellation charges as applicable by Motohom's cancellation policy.

Cancellation Policy

- In case of Self Drive, if there is no claim from the provider on any damages, speeding violation or any other complaint during the rental period, refund will be done within 3-4 Days and in case of any other complaints then it will take 4-5 days max. We try to solve the issues at the earliest. But, in case of any damages or speed violations or any other complaints from the provider, the refund may take up to 90 days from the date of closure of the trip

- Any cancellations initiated by the customer will have a 10% charge at all times

- Any cancellations initiated by the customer within the 24hrs of the scheduled time will be 100% chargeable

- Any cancellations initiated by Motohom for any operational reasons are refunded 100% at all times. Refunds are done within 24-48 hours.

- All damage, traffic violations and other complaints are at the final decision of the providers and Motohom can't interfere in their claims. But, Motohom will review the claims to ensure transparency and validity of such claims from the provider.

- The charges that are applicable for the services do not include your payment of tip or gratuity to third party service provider and you are not obligated to make any such payment. All tips and gratuities paid by you shall be purely voluntary.

- On completion of the trip you will be provided the opportunity to rate your experience and provide feedback/ comments regarding the services.

- Refunds will not include Payment gateway charges at any point in time. In case of any delays in refund company is not liable to provide any interest or damages whatsoever as sometimes delays are unavoidable due to the nature of business.

- If the fare provided is discounted then the customer will not be eligible for any refund.

5. Applicable Disclaimers; liability and limitations; indemnity

Applicable Disclaimers.

The services that are provided by Motohom is on "as is" and "as available" basis. Therefore, Motohom disclaims any warranty on fitness for a particular purpose, merchantability, or noninfringement that is explicitly expressed, or implied or is part of statutory requirements, which are expressly included in this terms of use.

Further, Motohom does not warranty, guarantee that the services or goods provided shall at all times be suitable to your needs, reliable and timely or uninterrupted and error free. Motohom does not promise or guarantee that the services provided by third party providers will at all times meet the required quality, suitability and safety. All risks that may arise due to your use of the goods and services provided by Motohom and third party providers will be solely your responsibility, to the maximum extent permitted under applicable law.

Liability.

Under no circumstances shall Motohom be responsible for any loss or damage, including personal injury or death, resulting from the use of the goods and services provided, even when Motohom is made aware of the possibility of such damages.

  • Motohom shall under no circumstances be liable for any damages caused, any liability arising or losses undergone due to:
  • (i) You are not being able to access or use any of the services provided by Motohom
  • (ii) your entering into any type of relationship with any third party provider or any transaction with them, even if Motohom has been made aware of the possibility of such damages.

Motohom shall not be responsible under any circumstances for any problems, delays or deterioration in performance arising out of causes that are beyond Motohom's scope of control.

Utilization of Motohom's services by you to request and schedule transportation of third party providers, does not make Motohom responsible or liable to any of the liability arising unless and otherwise specified by this terms of use.

The disclaimers and limitations stated in this section do not limit your right as a consumer which cannot be excluded under applicable law.

Indemnity.

You agree to defend, indemnify and hold harmless Motohom, its subsidiaries, affiliates, officers, directors, employees, partners and other agents from and against any and all claims and demands, including attorney's fees, arising from Your use/access of Motohom; or Your violation of any provision(s) contained herein; or Your violation of any third party right (s).

6. Jurisdiction.

This Agreement and any dispute, which comes under the purview of this Agreement, shall be construed and subjected to the laws applicable in India without giving effect to any conflict of laws provisions.

Any dispute arising or any claim /controversy arising with respect to the services provided by Motohom/ Third party services Or the terms of use shall be resolved amicably within 2 working days. Incase of any damages this might take additional time. In case the dispute doesn't get resolved within this stipulated time, the case shall be governed by the Arbitration Conciliation ACT, 1986 as per which a sole arbitrator appointed in mutual agreement by both the parties. The terms of use, the clause, sub clauses shall be governed by the Laws of India, Mumbai.

7. Additional provisions

Copyright infringement claims.

All Claims of copyright infringement shall be sent to Motohom's designated agent as mentioned in Motohom's web page at www.motohom.co.in for the designated address and any additional/connected information.

Notice related to Service

Any general notice regarding the services provided by Motohom may be sent to you via electronic mail to your email address in your account, or through written communication sent to your address as given in your account.

General provisions.
  • You shall not copy these terms of use either in part or in whole at any point of time without prior and written consent from Motohom. However, you agree that these terms of use could be transferred either in part or as a whole by Motohom to
  • (i) any of its partners/ affiliates
  • (ii) Any entity who acquires Motohom's business /assets or equities
  • (iii) any successor arising out of merger. Motohom or any third party provider shall not be obligated to enter into any partnership, joint venture or provide any form of employment as a result of the contract between you and Motohom for use of the services.

In remote cases wherein any provision of these terms is considered to be illegal, invalid or unenforceable from a local government, country or jurisdiction point of view and in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms. However the legality, validity and enforceability of the other provisions in these terms shall not be affected and would stay intact and applicable at all times. In such an event, both/all parties could replace the illegal, invalid or unenforceable provision or section with a provision or part thereof that is legal, valid and enforceable and that has, to the maximum extent possible. These terms establish the entire (in part or whole) agreement and understanding of all the parties and replaces and supersedes all other prior or concurrent agreements or activities regarding such subject. In these terms, the words used as "including" and "include" mean "including, but not limited to" and the English language used here purely in the context of India's nature, culture and style of construction and which may or may not imply directly or indirectly to the parties. Motohom must be consulted if the meaning or the translation of these terms brings a different perspective to the parties.

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