User Rental Agreement

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT WHICH WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN TERMS AND CONDITIONS FOR AVAILING CARLE RENTALS AND THE USE OF THE SERVICES OFFERED THROUGH WEBSITE www.carletravels.com

PLEASE READ THE TERMS AND CONDITIONS IN THIS DOCUMENT CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR AVAILING SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY CARLE RENTALS OR SERVICES BEING OFFERED THROUGH THE WEBSITE.

CARLE USER AGREEMENT

The bookings and use of vehicles availed by you from us and incidental services is governed by the following terms and conditions on the Website (“ User Agreement ” or “ Agreement ”).

This User Agreement on the Website is between Carle, a company incorporated under the Companies Act 1956 and having its registered office at B1,32, Ananta colony Nadesar Varanasi 221002 India (hereinafter referred to as “ Carle ” or “ Company ” or “ We ” or “ Us ” or “ Our ”, which expression unless the context may otherwise require to include its successors, liquidators and assigns) and the guest users or the registered users of the Website, who is a natural or a legal person (hereinafter referred to as “ User ” or “ You ” or “ Your ” or “ Yourself ”). Under the terms of this Agreement, the User may add a co-driver for the purposes listed herein and once added such co-driver shall fall under the definition of the “User” and will have to abide by the terms and conditions set out in this Agreement.

1. General:

This Websiteis only available for individuals who desire to take a Vehicle on rent/ hire.Your use of the Website and services offered by Carle are governed by this Agreement as applicable including other applicable policies which are incorporated herein by way of reference. If you use or transact on the Website, You shall be subject to the policies that are applicable to the Website for such use or transaction. It is hereby clarified that by mere use of the Website, You shall be contracting with the Carle and this Agreement as applicable, shall constitute your binding obligations, with Carle.

We reserve the right, at Our discretion, to change or modify the terms of this User Agreement. You agree that the updated terms and conditions of this Agreement shall be effective from the date publication of the same on the Website or mobile application. It shall be your responsibility to periodically check for any changes to the Agreement on the Website. We may require You to provide Your consent to the updated Agreement in a specified manner before any further use of the Website/ mobile application and the Services. If no such separate consent is sought, Your continued use of the Website/ mobile application will constitute Your acceptance of such changes. You may decline such changes by discontinuing Your trips / bookings or services, as the case may be, under this Agreement.

In the event of any conflict between this Agreement and any other document with respect to Carle’s other programmes, these terms and conditions shall govern, except otherwise set forth by Carle in writing.

2. Definitions:

2.1 Unless the context or meaning thereof otherwise requires, the following expressions shall have the meanings assigned to them hereunder:

“ Excess Kilometre ” driven shall include any additional Kilometre(s) (“ KM ”) driven on the Vehicle booked by the User beyond the KMs which were reserved and paid to Carle by the User. The User shall be liable to pay the additional cost for driving the Vehicle beyond the KMs approved and paid as per the Fee Policy of the Company.

“ In-Vehicle Devices ” means and includes the various devices selected by Carle to be installed in the Vehicle for the security, safety, tracking and health monitoring of the Vehicle.

“ MV Act ” means the Motor Vehicles Act, 1988 along with the rules prescribed thereunder and includes any statutory modifications or re-enactments thereof and the applicable provisions, if any, of the Motor Vehicles Act, 1988 as amended, modified and re-enacted from time to time.

“ Booking Period ” means the specific period for which the User has made the Booking for usage against the Booking fees, pursuant to terms of this Agreement.

“ Vehicle ” means the self-drive vehicle on the Website for rent/ hire, which is reserved by the User for a specific period, as per the terms of this Agreement.

“ Commercial and Operating Terms ” shall mean the terms and conditions updated, altered, modified, novated, substituted or replaced from time to time, on which the Vehicle would be operating on the Website, as more particularly exhibited at https:// www.carletravels.com. The User agrees to abide by and shall ensure compliance with all the provisions contained in Commercial and Operating Terms.

3. Vehicle Rental

3.1 The User holding a valid driving license may rent select self-drive Vehicles through the Website solely for personal use, as per the terms and conditions of this Agreement, the Fee Policy, and other policies on the Website, to the extent applicable (“ Carle Rental ”). To begin using such services on the Website, the User must complete the registration process.

3.2 Carle reserves the right to allow only the User holding a valid driving licence, which shall be duly approved by the company, to drive the vehicle allotted to him by the company for a specific period blocked and paid by the said User.

4. Vehicle Ownership

4.1 You shall neither be the purchaser nor the owner of the Vehicle, at any time and for any purposes including regulatory requirements under applicable law. The purchase invoice, Registration Certificate,and all other documents in relation to the Vehicle shall bear the name of the owner of the Vehicle.

  Only the owner of the Vehicle shall have the sole rights to transfer any right, interest or title vested in any Vehicle by way of pledge, hypothecation, charge, lien,or sale.

4.2 The Users agree and acknowledge that they are not the owners of any Vehicle and they or any person authorised by them or their legal heirs/ representatives etc. are not entitled to claim depreciation on the Vehicle for tax or any other purposes.

4.3 Offline Transactions: You will not connect with owners of the Vehiclefor the purpose of rent/ hire of the Car other than through the Website in the manner set forth in it, and Carle shall have no responsibility or liability in case of any offline transactions consummated by you.

5. Booking Carle Vehicles

5.1 The User hereby agrees and acknowledges that reservation is a pre-requisite for all potential Bookings. The User shall reserve a vehicle in advance of use on the Website following the steps on the Website and will be billed for usage fees at the time of reservation.

5.1 The User hereby agrees and acknowledges that reservation is a pre-requisite for all potential Bookings. The User shall reserve a vehicle in advance of use on the Website following the steps on the Website and will be billed for usage fees at the time of reservation.

The indicative steps for reserving a Vehicle on the Website are:

  (i) Select the region/ area for which the vehicle is required;

  (ii) provide the start and end date and time, indicating the duration or Booking Period for which the vehicle will be required for use by the User;

  (iii) Select the vehicle as per your requirements;

  (iv) pay applicable Booking fees for use of the Vehicle through any of the payment systems that Carle is using at that point of time.

5.2 The User has an option to pick up/ drop off the Vehicle from the designated location or can avail the services of Carle to get it delivered at his desired location.

5.3 Upon completion of reservation of the Vehicle, Carle shall at its discretion and basis the availability of the Vehicle, confirm such reservation and communicate details of the final booking with the User (“ Booking ”).

5.4 Handover of the Vehicle pursuant to the original Booking, extensions and modifications to the User by the company is upon the availability of the said Vehicle. Carle reserves the right to cancel any of such Booking in the circumstances of unavailability of the Vehicle.

5.5 The User is required to fulfil the below mentioned conditions at the time of taking the delivery of the Vehicle:

  (i) User must show his/ her original driving licence, that was shared with Us at the time of opening of account/availing Carle Rental with Us. User must show the same to Our representative at the time of delivery, prior to the User taking possession of the Vehicle;

  (ii) User must carry his/ her documents in original, and provide support to Our representative for capturing the image of, any one out of following documents as an additional ID proof to be placed on Our records:

    (a) Voter ID;

    (b) Aadhar card; or

    (c) Valid Passport.

  (iii) Users must with Our representatives for taking a photograph of the Vehicle along with the User, for safety and record-keeping purposes.

  (iv) User must fill and submit the checklist of the Vehicle at the start and end of the trip.

In case the above conditions are not successfully completed by the User at the time of taking possession of the Vehicle, We reserve the right to not handover the possession of the Vehicle and Carle Rental shall stand cancelled without any onus on Us to refund the security deposit and the Booking fee. Further, in the event the possession is taken by the User without completing the above condition, the User shall be held solely responsible for any liabilities or losses arising out of the same.

5.6 Only a User registered on the Website who has provided a valid driving license and other requisite documents, shall be allowed to obtain a Carle Rental. The details of the registered User and the details on the know your customer documents should match. It is hereby clarified that in the event a person is not registered on the Website or the Driving Licence is not of the same person, Carle Rental cannot be obtained by any other registered User on its behalf.

5.7 Cancellation / Reduction of Booking Period: If You wish to cancel a reservation / Booking or reduce the Booking Period for which the Vehicle has been reserved, You must do so in advance, in pursuance of the Fee Policy. Furthermore, if the User fails to pick-up the Vehicle, for whatsoever reasons, within 4 hours of the start of the Booking, the said Booking shall be automatically cancelled.

5.8 Extension of Carle Rental: If You wish to extend a Carle Rental, You may do so only if following conditions are fulfilled:

  (i) the online payment for the extension has been made and successfully receipt by Carle;

  (ii) the Vehicle is available for use for the extension period (for example, it is not reserved by another User); and

  (iii) the request to extend is completed prior to the scheduled expiration time of Your existing Carle Rental.

You are liable to drop the Vehicle at the drop location inserted by you at the time of Booking the said Vehicle. In case, any of the above conditions are missing after the expiry of the Booking Period (initial or immediately prior) then You will be deemed to have the possession of the Vehicle without authorisation and must hand over the Vehicle to Carle’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of Vehicle or after the expiry of Booking as the case may be, will be making You liable for wrongfully detaining the Vehicle, theft and further making you liable as the guilty of breach of trust and Your involvement in for the theft of the said Vehicle would be presumed without any doubt.

In such an event We reserve the right to initiate criminal proceedings against You and make all reasonable efforts to take possession of the Vehicle from You, immediately or any time thereafter, and at any location.

For the avoidance of doubt, in the event You do not handover the Vehicle whenever so required:

  (i) You will be charged late fee, inconvenience fee and any other charges applicable as per Our Fee Policy from the scheduled end time of Your Carle Rental till the time the Vehicle is recovered by Us;

  (ii) You will be charged with such additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Us in taking possession of the Vehicle from You; and

  (iii) You will not be provided any compensation or alternate means of transportation and you will be blacklisted from riding in Our Vehicles in future. You shall hold Carle, its officers, employees, agents and affiliates harmless against any claim in connection with the Vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Carle against any cost, loss or liability suffered by Carle arising out of or in connection with any claim made by a third party against Carle in relation to the Vehicle and/or its re-possession.

6. Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicles

6.1 You must pick up the booked Vehicle from a parking space designated by Us and return it secured, clean, and in good working order, to the correct parking space that is designated by Us for the purpose, no later than the end of the Booking Period. The handover of Vehicle by Us to You is dependent on the availability of Vehicle. Further, We reserve the right to cancel any Booking at its sole discretion with only consequence to return the fees collected at the time of creation of Booking.

6.2 Prior to taking possession of a Vehicle, You must do an exterior walk-around and an interior look-over of the Vehicle. Before the start of a Carle Rental, You must advise Carle of any damage or abnormality encountered on the Vehicle or in the operation of the Vehicle. If Carle is not notified of a problem at the start of a Booking, You will be deemed to be responsible for any problem with the Vehicle discovered or reported after completion of Your Booking, including, without limitation, damage to the Vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Carle may suspend, or may even terminate Your Carle Rental.

6.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, Vehicle’s key, key fob, or other starting device to the Vehicle in its designated position in the Vehicle at the conclusion of Your Carle Rental. You must inform Carle immediately if You fail to leave the original documents mentioned hereinabove, key/fob/starting device, parking pass, or toll payment pass (if applicable) in the Vehicle, and if this causes inconvenience to Carle or another User or customer, You will be charged the hourly rates for the Vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Carle and You will remain responsible for the payment of charges against the usage of the Vehicle during such period. You may also be charged an inconvenience fee at Carle’s sole discretion if the aforementioned items/ documents are lost, and such missing items need to be replaced.

6.4 The end of the trip shall be confirmed upon either (i) specific completion of closing checklist at the end of trip; or (ii) an SMS message to Carle’s provided number to notify of such intent; or (iii) unwarranted breakdown/accident of the Vehicle.

6.5 User is responsible for all charges and costs incurred related to the Vehicle for the entire period of the Carle Rental and until the Vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, toll payment pass and parking pass and other accessories in the Vehicle) to its designated location. The Vehicle must be returned upon expiry of the Booking Period and will be governed as per the provisions of Clause 6.4 above if extension is sought.

6.6 User is required to immediately report to Us any condition that impairs the driving functionality of the Vehicle, such as poor driving feel or external or internal damage that renders the Vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass.

6.7 Notwithstanding anything contrary contained under this policy, any damage caused to Vehicle due to Your wilful misconduct or gross negligence and/or theft of the Vehicle, during such time when the Vehicle is not in motion/ or in motion, will attract charges/fees as per Our sole discretion.

6.8 It shall be the responsibility of the User to pick up the selected Vehicle and return it secured, clean, and in good working order, at the drop location provided by Carle, by no later than the end time of the Booking Period.

6.9 Cases of stolen Vehicles or any accidental incidents must be immediately reported to Us and the nearest police station with a detailed written complaint based on actual facts. Users shall ensure that such complaints shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claims raised by Us. The User will be solely liable without any demur, for any loss incurred by Us, due to a discrepant, inconsistent or distorted complaint or information by the User. It shall be the sole responsibility of you to ensure proper police and judicial formalities are being done on your part with respect to the same.

7. Obligations of / Use of Vehicle by the User

7.1 By accepting the Terms as set out herein, the User hereby authorizes Carle to obtain the User's driving records from the jurisdiction in which the User is licensed.

7.2 The User may use the Vehicle at no additional consideration, other than the Booking fees paid/payable by User for the Carle Rental and any other dues owed by the User to Carle pursuant to this Agreement and the related policies and terms & conditions, exclusively for the personal use as per this Agreement. The User agrees and acknowledges that, We shall have no liability in connection with such aforementioned use of the Vehicle, including without limitation, any claim arising out of such use of the Vehicle by the User.

7.3 The User shall be responsible for providing and maintaining their account information with Carle including details such as their current email, mobile number, address, and such other information as may be necessary for the purposes of this agreement.

7.4 The User shall be responsible for keeping any Carle-related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third parties. Should a PIN or password be reduced to written or electronic form, the User will be responsible for any associated costs and/or damages in connection with unauthorized use by third parties. If a User has reason to believe that a third-party may have obtained unauthorized knowledge of a password and/or PIN, User agrees to change the compromised password and/or PIN as per the procedure provided on the Website.

7.5 The User when using a Vehicle must follow the owner’s manual instructions provided in the Vehicle’s glove compartment. If a problem arises that prevents or limits the use of the Vehicle or that may compromise people’s safety, every User must immediately notify Carle and follow the instructions provided by Carle.

7.6 The User shall provide all the documents and assistance, as may be required to obtain applicable licenses, and permits for Booking the Vehicle through the Website and use thereof, in accordance with the terms of this Agreement and the Commercial and Operating Terms.

7.7 On expiry or earlier termination of this Agreement, the User shall handover the Vehicle, to Carle in reasonable commercial condition, save and except reasonable/actual damage or normal wear and tear caused to the Vehicle during the usage of Vehicle by the User.

7.8 Carle reserves the absolute right to install the In-Vehicle Devices at the cost of the Company. The User hereby unconditionally agrees not to tamper or remove such In-Vehicle Devices. The User agrees and acknowledges that such installed devices may require minor modification from time to time and the User shall provide full access of the Vehicle to Carle or any other party appointed by Carle for the purpose of modification of such devices. In case the User removes or otherwise tamper the devices, the User shall be liable to pay Carle the actual cost of the device. Carle further reserves the right to deduct the foregoing amount from any credit/bonus to be paid by Carle to Users.

8. Persons Permitted to Drive

8.1 Only an active User, in good standing, as decided solely by Carle, is allowed to drive the Vehicle. Non-User is expressly prohibited from driving a Vehicle at any time. The User holding an effective driving license (uploaded on the Website and approved by Carle) may drive a Vehicle that has been reserved by another User with the permission of such User. However, all fees and charges shall be the responsibility of the reserving User and any liability and/or claim arising out of such usage shall be that of all such participant Users. Notwithstanding anything contrary contained in this Agreement, the User making the Booking must ensure that any other person having effective driving license drives the Vehicle only with the prior consent of Carle, failing which the User shall be solely liable to indemnify Carle without any limitation for any loss suffered by Carle.

8.2 Satisfying eligibility criteria required to become a User does not automatically give an applicant the right to become a User. Acceptance of the applicant’s Carle Rental is subject to approval by Carle, at its sole discretion.

8.3 By applying for Carle Rental, each applicant authorizes Carle and Carle reserves the right, in its sole discretion, to obtain the applicant’s driving records from the jurisdiction in which the applicant is licensed. Given that driving a Vehicle requires maintaining a good driving record, Carle may periodically check the User’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Carle Rental of the User, who does not meet Carle’s driving eligibility requirements.

8.4 The User agrees to promptly report to Carle any expiration, suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving. Should any User’s driving license expire or be revoked, authorization to drive the Vehicle shall expire immediately.

8.5 The User is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with Carle. The User further warrants that information provided to Carle shall be correct and is bound to inform Carle promptly, if any change occurs in the information provided earlier including but not limited to residential address.

9. Prohibited Uses

9.1 The use of a Vehicle under the following conditions is prohibited:

  (i) any speed race or competition;

  (ii) for the purpose of towing, pushing, or propelling any trailer or any other vehicle;

  (iii) for the primary business purpose of transporting people or operating a taxi service;

  (iv) by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% applies;

  (v) in the carrying out of any crime or any other illegal or unlawful activity;

  (vi) in an imprudent, negligent, or abusive manner or for any abnormal use of the Vehicle;

  (vii) by any person who has provided Carle with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);

  (viii) driving a Vehicle outside of India or any prohibited areas within India;

  (ix) driving while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from driving or otherwise engaging in similar activities that may be prohibited by applicable law;

  (x) Using the Vehicle for the purpose of transportation of flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household;

  (xi) Transporting objects with the Vehicle that could – due to their size, shape, or weight adversely impact the Vehicle’s handling safety or that could damage the interior of the Vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Vehicle.

  (xii) Burning any substance including tobacco, incense etc. inside the Vehicles is absolutely prohibited.

  (xiii) Animals are prohibited in the Vehicles, except for those Vehicles designated “pet friendly”. Users are subject to payment of penalties in the event it is determined that the Vehicles other than those designated as “pet friendly” have been used for transportation of animals;

  (xiv) Transporting more passengers than the prescribed seating capacity of the Vehicle by manufacturer of the Vehicle;

  (xv) Any kind of activity by any person which will affect the normal conditions of the vehicle.

9.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of the Vehicle except the personal use for travel, as determined by Carle in its sole discretion, shall be deemed to be a violation of these terms and conditions. Carle may report to the authorities any use of the Vehicle or other activities that are in violation of local, state, and/or national law or in violation of these terms and conditions.

9.3 Carle may immediately suspend or terminate the use of its service by any User for a violation of any of the terms and conditions of the Agreement. Upon suspension or termination, any existing Booking for the User may be cancelled by Carle at its sole discretion. In addition, the User will be absolutely responsible for any and all, losses, damages (direct/indirect), costs, charges, fees and expenses incurred by Carle, as a result of a breach of any of these terms and conditions and the User unconditionally and irrevocably agrees that Carle reserves the right to pursue the remedial action to recover the losses/damages suffered by Carle from the User’s property including but not limited to his/her legal heirs/representative’s properties.

10. Safety

10.1 The User is responsible for:

  (i) Complying with all applicable laws including seat belt, speed limit and child restraint laws. It is being made crystal clear that the User must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards at various locations of the concurrent trip.

  (ii) Protecting all children by proper use of any child passenger restraint system that complies with the motor vehicle safety standards in the jurisdiction where the trip is initiated and where the Vehicle is driven during such trip.

  (iii) Each time the User parks a Vehicle (either at the end of the Booking Period or during the Booking Period), the User shall be responsible for securing the Vehicle in conditions such as closing of windows and locking the car.

11. Securing the Vehicles

11.1 Each time the User parks the Vehicle (either at the end of the or during the Booking Period), the User shall be responsible for securing the Vehicle from external factors including human or general known adverse weather conditions.

11.2 Windows must be closed, and the central locking system must be enabled using the smart phone app or the SMS command). If the Vehicle is outside of cell phone range, and the Vehicle cannot be locked through the phone command system, the User must remove the key and lock the Vehicle manually. The User will be responsible for any fees or charges associated with a failure to perform these steps.

11.3 Carle encourages all its Users to take full responsibility for their belongings. In case of any User claims to have left back any luggage or any phones or personal music devices inadvertently in the Vehicle after the User completes his/her Booking, Carle shall endeavour to locate the lost belongings on a “best-effort” basis provided the User notifies Carle of the same within 90 minutes of the successful return of the Vehicle post completion/termination of the Booking, but Carle shall not be held responsible for such loss or damage in any circumstances.

12. Fees and Eligible (Reimbursable) Expenses

12.1 The User is subject to the fees policy mentioned on the Website (“ Fee Policy ”). The Fee Policy covers all the fees, costs, penalties, and expenses including but not limited to rentals, Excess Kilometre driving charges, damage fee, late payment fee, extensions fees, penalties or fines, if any etc.

12.2 In the event of any issues or damages to the Vehicle, the User shall report the same to Us and We shall get the same fixed. In the event any issues or damages need urgent repair or fixing (such as outstation cases), the User can get the same fixed upon obtaining prior approval to Us. If a User pays for any Eligible Expense in relation to repair or fixing the Vehicle, he or she must keep the invoice which is subject to fuel test more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the Booking Period. The User must print his or her name on such invoice and provide a physical original hard copy of the same to Our Vehicle attendant upon handover of the Vehicle in terms of this Agreement. Carle will reimburse the User or credit the User’s account, post the verification of claim and corresponding invoices, and would be settled in the monthly invoice. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3 days from the invoice date. The User hereby agrees and acknowledges that it will be reimbursed as per this Clause only in case of Eligible Expenses incurred by it.

12.3 For the purpose of this Agreement, ‘ Eligible Expense’ means: (i) any fuel related expense for the Bookings with fuel, provided it reconciles reasonably with distance travelled; in pursuance of the standard industry mileage or Carle’s internal mileage standard; or (ii) an expense incurred by the User for any maintenance of the Vehicle, such as new wiper blades, light bulbs, or windshield-washer fluid, etc. that is authorized in advance by a Carle Representative, via e-mail/SMS/phone.

15. Taxes

15.1 The User shall be solely responsible for payment of all taxes, duties, fines and penalties by whatever name called as may become due and payable under any law, rules or regulations as applicable from time to time in relation to the credits/bonus received by the User in accordance with the terms of this Agreement. Carle reserves the right to collect Good and Service Tax from the User and deposit the same with the government authorities.

15.2 Carle shall be entitled to deduct tax at source on credits/bonus made to the User in accordance with the applicable law. The User shall be responsible to report any non-receipt of certificate of taxes deducted at source within 90 days of deduction of such taxes at source.

16. Maintenance and Cleanliness

16.1 Carle will perform all necessary and required routine maintenance on all its Vehicles. However, the User is responsible for the cleanliness of the Vehicle and are expected to assist in helping Carle to maintain the driving safety and performance of the Vehicle, in particular during longer Booking Period or when the Vehicle indicates that service or maintenance is required.

16.2 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside the Vehicle. You will be subject to additional fine if evidence of smoking, chewing, drinking or dipping is found inside the Vehicle or complained of by a customer using the Vehicle immediately following Your Carle Rental.

16.3 Burning any substance is absolutely prohibited in the Vehicles. This includes, but is not limited to tobacco, other drugs, and incense.

16.4 You agree and acknowledge that Carle’s name would be mentioned on all service and maintenance invoices given that the Vehicle is registered in the name of Carle. Further, all the benefits and liabilities pertaining to Vehicle maintenance will lie with Us, except as may be mutually agreed in writing between You and Us. We shall be entitled to claim deduction on such expenses for tax purposes. Further, You will not be entitled to claim (i) any maintenance cost which is borne by Us as expenses in your books for tax purposes, and (ii) any GST input credit available on the maintenance invoices.

17. Breakdown or Incidents

17.1 All breakdowns or incidents involving the Vehicle must be reported to Carle immediately by phone to +91 8127047672 and via email on care@carletravels.com.

17.2 Breakdown and Roadside Assistance: While using the Vehicle, You must follow the owner's manual instructions, provided in the Vehicle’s glove compartment. If a problem arises that prevents or limits the use of the Vehicle or that may compromise people's safety, the User must immediately notify Carle on the abovementioned phone number/email id and follow Carle’s instructions. The User may have to pay for towing, repairs, and other expenses in certain circumstances. It is the responsibility of the User to maintain the Vehicle in the condition in which the Vehicle was handed over to him, without fail. If the User fails to do so, he shall be liable to incur all the costs and expenses.

  Carle makes reasonable best efforts to provide roadside assistance support in all cases. If, however, a User’s need for roadside assistance results from a breach of this Agreement and other applicable policies, the User may be charged for the full costs of the service.

17.3 Jump start: If You perform a jump start to the Vehicle, You must inform Carle immediately by phone or through the mobile app). You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any vehicle other than the Vehicle.

17.4 Incident: In case of an incident involving property damage or any third party, the User must fill out an official police report form and mandatorily provide a jointly agreed-upon statement, complete Carle’s incident report form, and obtain the following information:

  (i) Date, time, and place of incident;

  (ii) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);

  (iii) The names, addresses, and driver's license numbers of the persons involved in the incident;

  (iv) The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver);

  (v) The name, addresses, and phone number of witnesses, passengers, and any other involved persons;

  (vi) Circumstances of the incident describing immediate surrounding environment and the Vehicle position prior to the incident; and

  (vii) A police report is required regardless of liability or fault. The User shall specify in his/her detailed written complaint to the police the actual facts only. The User shall ensure that such complaint shall not contain any discrepancy, inconsistencies, or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Carle. Any loss occasioned to Carle due to a discrepant, inconsistent, or distorted complaint by a User shall be to the account of such User.

17.5 Investigation and procedure: The User must provide Carle and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Carle regarding any incident involving the Vehicle. The User agrees to cooperate fully with Carle in the investigation and defense of any such claim or lawsuit. A User’s accounts will be suspended until the investigation has been concluded.

17.6 The User shall be responsible for the costs related to the repair, recovery, and loss of use of any the Vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the User or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of the Vehicle or the insurer of the other vehicle involved in the accident).

17.7 Carle shall not be liable to make any refunds to the User for the unused Booking Period, if the User meets with an accident (intentionally or unintentionally) and shall not be liable for any costs or expenses borne by the User due to the accident/breakdown. However, if Carle determines pursuant to the following validation process that the User is not responsible for the breakdown of the Vehicle and if it is intimated immediately or within reasonable time to Carle, the User shall be eligible for the refund of the entire Booking fees paid by the User.

  (i) Internal validation - The validation under the guidelines of the authorized service center of the Vehicle.

  (ii) Technical report prepared by dealership and/or authorised dealer and/or any other party.

17.8 In case of any accidents/damages, any costs, expenses, or losses pursuant to out of court settlement initiated or accomplished by the User with the third parties, without written consent of Carle, will be solely borne by the User.

18. Traffic Violations, Tolls and Interstate Payment Taxes

18.1 All the traffic violations by the User shall be notified to the authorised representative of the Carle as soon as possible within the prescribed deadline of such violation.

18.2 You are responsible for any traffic violations incurred due to Your inappropriate use of the Vehicle. This includes, but is not limited to, unauthorised parking, excess speeding, breaking red light, photo enforcement, and toll violations. You are solely liable for all costs imposed due to any such violation during the concurrence of Your trip/ride/Booking, including fines for late payment and any processing fees added by the respective regulatory authority. You are liable for payment of all tolls and any fines for toll evasion/ interstate taxes etc. You must report such violations to a Carle representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). Carle will notify the User immediately by email after it comes to know about any of such violation and the User shall forthwith pay the relevant fine/s to the authority concerned and provide Carle with the proof of such payment, failing which Carle will pay those amounts and the User shall reimburse the same to Carle at earliest. However, where the User has personal knowledge of such violations, Carle will not be obligated to provide the User with the notification as above, but User’s obligation to pay the relevant fine/s and notifying Carle of such compliance will continue as aforementioned.

18.3 You must submit all toll receipts, inter-tax receipts etc to Carle in a timely manner. The User shall be liable for all the fines and expenses incurred on the same during the booking period.

18.4 You must notify Carle of any traffic violation notices/ interstate tax violation notices found on the Vehicle at the time of Vehicle pick up.

18.5 You must not leave the Vehicle in a zone which has parking restrictions. If You leave the Vehicle in such a restricted zone, You must immediately notify Carle, and You will be responsible for any and all violation notices or towing charges incurred by Carle. Additionally, financial penalties will be levied against You for any inconvenience caused to other customers of Carle if the Vehicle is unavailable for its other scheduled Booking because of such parking violations as set out in the Fee Policy.

19. Insurance

19.1 Only the owner of the Vehicle or the person in whose name the Vehicle is registered, as the case may be, shall obtain motor insurance for the Vehicle from insurance partners as empanelled from time to time and shall also be responsible for timely renewal of the insurance policy for the Vehicle.

19.2 USER DEDUCTIBLE OBLIGATION:

ONCE THE USERIS IN FULL ACKNOWLEDGEMENT AND COMPLIANCE WITH THE TERMS AND CONDITIONS OF Carle’S POLICIES BEING MENTIONED ON THE WEBSITE, Carle/ CAR OWNER, AS THE CASE MAY BE DETERMINED BY Carle IN ITS SOLE DISCRETION,SHALL PROVIDE PRIMARY THIRD-PARTY LIABILITY PROTECTION, WHICH WILL BE TO THE EXTENT OF CLAIMS / LIABILITIES COVERED BY VEHICLE INSURER, ON THE VEHICLES FOR ANY/ ALL CLAIMS AND/OR LIABILITIES ARISING DURING THE USE OR OPERATION OF THE VEHICLE BY THE USER. THE USER WILL BE RESPONSIBLE FOR ANY ASSOCIATED DEDUCTIBLE CHARGES DIRECTLY/INDIRECTLY PERSONALLY ATTRIBUTABLE TO THE USER DEFAULT OR OTHERWISE AS PER DISCRETION OF Carle.HOWEVER, IT IS HEREBY CLARIFIED THAT WHERE THIS THIRD-PARTY LIABILITY PROTECTION IS EXTENDED BY Carle, IT WILL NOT BE APPLICABLE IF THE LIABILITY ARISES DUE USER’S OWN NEGLIGENCE, OR BREACH OF APPLICABLE TERMS UNDER THIS AGREEMENT.

19.3 Carle IS NOT RESPONSIBLE FOR ANY DAMAGE TO, LOSS OR THEFT OF, ANY PERSONAL PROPERTY BELONGING TO THE USER OR CO-PASSENGER OR THIRD PARTIES, REGARDLESS OF FAULT OR NEGLIGENCE.

19.4 LIABILITY PROTECTION APPLIES ONLY TO CLAIMS OF THIRD-PARTY BODILY INJURY, DEATH OR PROPERTY DAMAGE, OTHER THAN TO THE VEHICLE, ARISING FROM THE USE OF VEHICLE AS PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW. ANY SUCH PROTECTION EXCLUDES ANY CLAIM MADE BY THE USER OR CO-PASSENGER OR USER’S/CO-PASSENGERS’ IMMEDIATE FAMILY USERS WHO PERMANENTLY LIVE WITH THE USER OR IS TRAVELLING WITH THE USER AT THE TIME OF INCIDENT. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT Carle’S COVERAGE APPLIES. Carle SHALL NOT BE LIABLE TO THE USER/CO-PASSENGER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO Carle VEHICLE, ITS USE, OR THIS AGREEMENT.

19.5 UNDER NO CIRCUMSTANCES WILL Carle BE LIABLE TO ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF Carle VEHICLES AND AVAILING OF SERVICE BY THE USER/ CO-PASSENGER/ FAMILY USER.

19.6 IT WILL BE THE SOLE RESPONSIBILITY OF THE USER TO TAKE COMPLETE SAFETY MEASURES/ PRECAUTIONS AGAINST ANY CRIMINAL ACTIVITY ON/ OF THE VEHICLE SUCH AS THEFT, ILLEGAL DETENTION ETC. THE User SHALL HAVE A RESPONSIBILITY TO INFORM THE COMPANY ABOUT THE SAME AND FURTHER COOPERATE IN FILING ALL NECESSARY COMPLAINTS.

19.7 ANY CASES WHERE THE LOSSES ARE NOT ADMISSIBLE BY AN INSURANCE COMPANY DUE TO THE MISHANDLING/ NEGLIGENCE/ FAULT/ RASH DRIVING/ ANY OTHER ILLEGAL AND UNLAWFUL PURPOSES ETC. OF THE USER OR DUE TO ANYONE DRIVING THE VEHICLE, THE USER SHALL BE LIABLE TO INCUR ALL THE COSTS.

WHEREAS FOR THE THIRD-PARTY CLAIMS WHICH ARE REJECTED DUE TO NEGLIGENCE/ MISCONDUCT/ RASH DRIVING/ OTHER UNLAWFUL OR ILLEGAL ACT ON PART OF THE USER OR THE PERSON DRIVING FURTHER CAUSING IRREPARABLE DAMAGE, Carle SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIM.

19.8 IN CASE OF ANY THIRD-PARTY DAMAGE OR OWN DAMAGE/ ACCIDENTS, THE USER SHOULD INTIMATE Carle AND POLICE AUTHORITIES PROMPTLY AND THEREAFTER PROVIDE COMPLETE SUPPORT AND DOCUMENTATION DURING THE COURSE OF THE LEGAL PROCESS AND/OR THE INSURANCE CLAIM PROCESS. IF ANY SUCH INSURANCE CLAIM IS REJECTEDAND LIABILITY IS TO BE ASSUMED BY Carle OR THE CAR OWNER, AS THE CASE MAY BE,DUE TO THE FAILURE ON THE PART OF THE USER TO PROVIDE THE SAID INFORMATION TO Carle/OTHER RELEVANT AUTHORITIES IN TIMELY MANNER, OR BREACH OF TERMS OF THIS AGREEMENT, THEN USER WILL BE SOLELY LIABLE TO BEAR ALL THE COSTS AND INCUR ALL THE EXPENSES.

19.9 ANY DAMAGE CAUSED TO THE VEHICLE DUE TO YOUR WILFUL MISCONDUCT, NEGLIGENCE OR BREACH OF ANY RULE UNDER MV ACT AND/OR THE SAID AGREEMENT DURING SUCH TIME WHEN THE VEHICLE WAS IN YOUR POSSESSION, YOU SHALL BE LIABLE TO INCUR ALL THE DAMAGES AND LOSSES.

19.10 This Agreement is intended for the benefit of the User and Carle and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. You hereby agree that you will have no objections to Carle sharing the details of the person driving the Vehicle / co-driver/co-passenger/ family User with the Insurance authorities, investigators and other authorities and agencies dealing with third party claims arising out of the Vehicle.

20. Indemnity and Limitation of Liability

20.1 You, including but not limited to Your properties, legal heirs, etc (in case of Your absence) agree and undertake unconditionally and irrevocably to indemnify and hold harmless Carle and its parent company, directors, employees, officers, representatives, and agents, from and against all losses, third party claims, damages, liabilities, injuries, demands, costs and expenses (“ Losses ”) arising out of, or as consequence of:

  (i) Your breach of any of the provisions of the Agreement;

  (ii) Infringement of any third party’s intellectual property by You;

  (iii) Fraudulent and negligent actions by You; and

  (iv) Your breach or contravention of any applicable law in India.

You, including but not limited to your legal heirs/ representatives/ guardians shall have final responsibility to Carle for all such Losses.

20.2 Notwithstanding anything contained in this Agreement, under no circumstance will Carle be liable to any third-party for indirect, incidental, special, or consequential damages arising from or related to this Agreement or use of Carle vehicles and availing of service by the User. The maximum limit of Carle’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to the User or to any third party under this Agreement, for any and all claims shall not in exceed the amount of Booking fees paid by the User and other sums arising out of this Agreement, at that time.

20.3 The responsibility to indemnify set forth in this Clause shall survive the termination of this Agreement for any reason with regard to any indemnity claims arising in relation to the performance hereof.

21. Data Protection

21.1 Carle captures, stores, processes and uses the User’s personal data, including, but not limited to, name, e-mail id, internet protocol address, copy of driving license image and duly attested colour image of Voter ID or Passport on the letter head of the electoral officer and police officer respectively under whose jurisdiction the address falls), and any other additional address cum identity proof, image of the customer, the usage and Vehicle data which relate to the User, to the extent this is necessary for the administration and implementation of this Agreement and the use of Our Vehicle by the User.

21.2 Should third-party services be used, We have the right to forward the User’s Personal data to Our third-party service providers, to the extent it is required to fulfil Our objectives.

21.3 We have the right to provide User’s personal data to third parties for the purposes of providing individualized offers, services, and other customized information / products to the Users.

21.4 We shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.

21.5 We shall have the right to disclose User information to Our parent company and to all companies controlled by Us or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by Us, in our sole and absolute discretion.

21.6 Notwithstanding anything contrary contained herein, Users shall be governed by the privacy policy of Carle on the Website.

22. Representations and Warranties

22.1 By accessing and using the Website, You represent to Us that:

  (i) You are not a minor (under the age of 18 years) under applicable laws and You have the authority to enter into legal contracts; and

  (ii) the information You have provided to Carle during the registration process and thereafter, including all information relating to use of Vehicle(s), whether or not posted on the Website, is to the best of Your knowledge, complete, truthful and accurate.

22.2 You also represent and warrant that You:

  (i) shall not allow any person who is not a User on the Platform to drive the Vehicle;

  (ii) while handing over the Vehicle or taking back the Vehicle or dealing with the Carle’s Users/ other User, shall not do such acts which are unethical, unprofessional, inappropriate, engage in physically or verbally abusive or threatening conduct or which would in any manner bother or cause any harm, loss or injury (physical, mental, financial or otherwise) to Carle’s Users.

  (iii) shall not take from Carle’s Users any form of payment in cash or ask for any other advances in kind.

  (iv) shall always deal in a professional manner with Carle’s agents, Users, other Users and employees.

  (v) have the full right and absolute authority to execute this Agreement and list the Vehicle on the Website in accordance with the terms of this Agreement.

  (vi) in connection with Your use of or access to the Website, shall not and You agree not to advocate, encourage, request, or assist any third party to: (a) harm or threaten to harm, Carle’s end customers or any other Users, including "stalk" or harass them, or (b) collect or store any personally identifiable information except for purposes of transacting in accordance with this Agreement.

22.3 Carle may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate Your access to the Website, upon Your breach or alleged breach of any of the above representations and warranties.

23. Jurisdiction and Dispute Resolution

23.1 Any Dispute, controversy or claims by or between, Carle and the User, hereto arising out of or relating to or in connection with terms and conditions of this Agreement or transactions contemplated on Website, or the breach, termination, validity of any term under this Agreement shall be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator appointed by Carle. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this Agreement to arbitrate shall be governed by the Laws of India. The venue of arbitration shall Bangalore, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

23.2 Further;

  (i) Subject to Sub-clause (ii) below, the courts in Bangalore have the exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity.

  (ii) Nothing in this Clause shall (or shall be construed to) limit the right of Carle to initiate proceedings against any User in accordance with Section 20 of the Civil Procedure Code, 1908.

  (iii) Notwithstanding anything contained in the foregoing Sub-clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973.

23.3 Users agree to pay reasonable attorneys' fees and costs to Carle, in any legal proceeding relating to this Agreement, including appeals, where the respective court or forum pronounces the order in favour of Carle.

23.4 Users must not aid or encourage the filing of any third-party claim or lawsuit against Carle and must cooperate fully with Carle and Carle’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and Carle as co-defendants, should Carle determine in its sole discretion that the User’s independent attorney has not aligned its defense with that of Carle, Carle shall be entitled to call upon the User to change his attorney to one advised by Carle and the User shall accordingly change his attorney at his own cost.

23.5 User must immediately notify and deliver to Carle every summons, complaint, document, or notice of any kind received by the User in any way relating to an accident, theft, or other circumstances related to the Vehicle.

24. General Clauses

24.1 This Agreement is intended for the benefit of the User and Carle and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise.

24.2 Independent Contractors: Each party shall at all times be considered as an independent contractor and shall have no authority to assume or create any obligation whatsoever express or implied, in the name of the other party or to bind the other party in any way or manner. Nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party, or to create any fiduciary relationship between the parties.

24.3 Severability: If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.

24.4 Entire Agreement: This Agreement (including but not limited to the weblinks hereto representing the Agreement, Fee Policy, Eligibility Criterion, Commercial and Operating Terms, etc.) constitutes the full and entire understanding and agreement between the Parties with respect to the subject matter hereof, and any other written or oral agreements relating to the subject matter hereof existing between Carle and User are expressly cancelled. You agree to not rely on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to entering into this Agreement.

24.5 No Waiver: No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Carle. No waiver of default by You of any of the terms and conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the obligations, terms and conditions in this Agreement.

24.6 Assignment or Transfer: The rights granted to Users under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Carle shall be void and of no force and effect. Carle reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.

24.7 No Agency: Users will never be deemed to be Carle’s agent, servant, or employee in any manner for any purpose whatsoever.

24.8 Further Assurance: Each party shall cooperate with the other party and execute and deliver to the other parties such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of this Agreement and to ensure the complete and prompt fulfilment, observance and performance of the provisions of this Agreement and generally that full effect is given to the provisions of this Agreement.

24.9 Force Majeure: If performance of any Service or obligation under the terms and conditions of this Agreement or any other provisions of the policies of the Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause, which are beyond the reasonable commercial control of Carle or its third parties performing such services as sub-contractor to Carle and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Carle shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Carle shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

24.10 Notices / Communications: When You use the Website or send emails or other data, information or communication to Carle, You agree and understand that You are communicating with Carle through electronic records and You consent to receive communications via electronic records from Carle periodically and as and when required. Carle will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

24.11 Feedback and Information: Any feedback You provide to Carle shall be deemed to be non-confidential. Carle reserves the right to use such information without any restriction. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of anybody including you and third parties; (ii) Carle is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Carle may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Carle for the feedback under any circumstances.

To clarify, Carle may at its discretion, make any modifications or changes to the Website, content and / or services based on such feedback, however Carle shall not be obliged to do so. Further, in the event that Carle makes any changes or modifications to the Website, content and / or services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, content and / or services. You expressly waive any and all rights in such changes or modifications to the Website, content and / or services, and assign to Carle, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and / or services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, content and / or services.

25. Suspension & Termination

25.1 Carle may immediately suspend or terminate the use of its service by any User who does not meet Carle’s driving eligibility requirements or for any unreasonable or inappropriate use of a Carle vehicle, as determined by Carle in its sole discretion or for violation of any of provisions mentioned in this Agreement.

25.2 This Agreement shall continue to apply until terminated in accordance with this Clause.

25.3 If You want to terminate Your agreement with Carle, You may do so by (i) not accessing the Website; and/or (ii) closing Your Account for all of the Bookings, where Carle has made this option available to You, as the case may be.

25.4 We shall have the sole discretion to suspend or terminate this Agreement by providing 30 days’ prior notice to You. However, we may, at any time, with or without notice, suspend or terminate this Agreement if:

  (i) We required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

  (ii) the provision of the Services to You by Carle is, in Our sole discretion, no longer commercially viable;

  (iii) the Vehicle is being used for a commercial purpose and not for Your personal use, determined in Our sole discretion;

  (iv) Carle has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof);

  (v) default in payment of Booking fees as per terms of this Agreement;

  (vi) violation of any terms, conditions and obligations of this Agreement;

  (vii) in the event Carle faces any unexpected technical issues or problems that prevent the Website and / or Services from working; or

  (viii) any other similar unforeseen circumstances.

25.5 The User hereby agrees that any violation by You of the Agreement will cause irreparable harm to Carle, for which monetary damages may be inadequate, and You consent to Carle obtaining any injunctive or equitable relief that Carle deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Carle may have at law or in equity.

25.6 Upon termination of the Agreement, the Booking shall end, and the User shall handover the Vehicle to Us. Carle shall in no way be responsible for any liabilities in relation to the Vehicle.

25.7 Carle may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any content uploaded by You; and (iii) prohibiting further use of the Services.

25.8 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Carle chooses to terminate them.

26. Provisions for Traveller of Chauffeur Driven Vehicles

26.1 Carle provides its Users with an option of Booking chauffeur driven vehicles.

26.2 Carle or the driver on duty has the right to refuse this service in the following circumstances: (i) if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance; b) if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of Carle’ s vehicle.

26.3 Carle declares that the User opting for chauffeur driven vehicles must not drive the vehicle Booked by it and consequently provisions of Clauses 2, 5, 6, 7.5, 7.6, 7.7, 8, 12.3, 18.3 of this User Agreement will not be applicable to such User. It is hereby clarified that all other provisions of this User Agreement will be applicable to such User mutatis-mutandis.

26.4 Carle shall not be liable for any compensation, if the User misses his/her next scheduled programmes viz next journey via train/ flight/bus, conference, functions, meetings, festivals etc. Further, Carle disclaims any and all liability with respect to any issues of the driver, which attributes and directly relates to the personality of an individual including but not limited to behaviour, actions, voices, conduct, negligence etc.

26.5 If the User has any complaints in respect of the services or the conduct of the driver, the User must inform Carle about the same in writing during the continuation of ride/trip.