Motorishta Customers

 

Hereinafter, whenever the word “Motorishta” or “Company” or “We” or “Us” or “Our” appears in this document, it represents ‘Motorishta Private Limited’ and wherever the word “Customer/s” or “You” or “Your” or “Member” or “Yourself” or “Customer” or “Applicant” appears in this document, it represents the person who has booked the vehicle from Motorishta after agreeing to all the below mentioned terms and conditions.
The terms and conditions are subject to change and Motorishta reserves the right to make the changes from time to time and shall give notice to customers in a timely manner with prior notice. Notice to the Customer shall be considered given by an SMS or by an Email address to the Customers provided to Motorista at the time of registration. Customer agrees that the amended terms and conditions of this agreement shall be effective and binding the earlier of (i) The effective date indicated in such notice; or (ii) on the date posted through SMS and Email address. The Customers are requested to go through the policies every time before making the booking.
It is presumed that the Customer has received any such notice if and when customer makes a reservation for a Motorishta vehicle after notice of a change to this agreement has been placed through an SMS or an Email address. By making a reservation after receiving notice of any changes to the agreement, Customer assent to and will be bound by such changes to the agreement.

 

Customers are requested to read the Terms and Conditions carefully before using or registering on the website or company address, accessing any material, information or availing services through the website or at the company address. If the Customers do not agree with these terms, they may decline by discontinuing services offered under Motorishta Customer agreement.

 

  1. General:

 

Motorishta Private Limited is a company incorporated under the laws of India, with its registered office at TOWER B1, 2010, BLUE RIDGE, PHASE 1, HINJEWADI, Pune, Maharashtra, India, 411057 and having CIN: U74999PN2016PTC165826.

 

  1. Driving eligibility Criteria:

 

  • Only active and good standing Customers as decided by Motorishta, is allowed to drive Motorishta vehicles. Any non-member is expressly prohibited from driving a Motorishta vehicle at any time.

 

  • Motorishta members must be at least 20 years of age.

 

  • Motorishta members should hold a valid Indian driving licence approved by RTA. The copy of the same should be uploaded on the website and approved by Motorishta. Thereby doing so may drive a Motorishta vehicle. If not an Indian citizen, member must have a valid International driving licence.

 

  • Motorishta members must be free from alcohol or drug related driving violations in the past five years. Motorishta reserves the right on its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed.

 

  • Motorishta members must not have any driving accident history in their record.

 

  • Customers agrees to promptly report to Motorishta any suspension or revocation of his/her driving license, or any ticket/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 SMS/on call while driving.

 

  • Customers are responsible for providing and maintaining current E-mail ID, Mobile number, Residential address (Current/Temporary/Permanent) and any other account information with Motorishta and customer must warrant that the information provided to Motorishta shall be absolutely correct.

 

  • Customer is responsible for keeping any Motorishta 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 Member will be responsible for any associated costs and/or damages in connection with unauthorized use by third-parties. If a Member has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member agrees to change the compromised password and/or PIN instantly.

 

 

  1. Prohibited Uses:

 

  • The use of a Motorishta vehicle under the following conditions is prohibited:

 

  • any speed race or competition
  • for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
  • for the primary business purpose of transporting people or operating a taxi service;
  • in the carrying out of any crime or any other illegal activity;
  • in an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle;
  • by any person who has provided Motorishta with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);
  • 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;
  • Using Motorishta vehicle to transport 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.
  • Transporting more passengers than the prescribed seating capacity of the vehicle by manufacturer of the vehicle.
  • Motorishta customers are not allowed to carry the following items while driving the vehicle

 

  • Any object whose possession has been deemed illegal by the Indian penal code.
  • Weapons or any sharp or inflammable object which may cause damage to the vehicle or endanger human life.
  • Any other object which compromises the stability, safety or performance of the vehicle and/or the passengers.
  • Motorishta vehicles must not be used for transporting objects that could – due to their size, shape, or weight – adversely impact the vehicle.
  • Motorishta vehicles can be used only in the Republic of India. Use of the vehicles is subject to the laws of India. The vehicle cannot be driven in areas where entry is prohibited by the central or state government.

 

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

 

 

  1. Motorishta Registration

 

  • Every customer must register on our website or through our mobile application. It is customer’s responsibility to provide and maintain correct email address, contact number, postal address, and other account information at the time of registration.

 

  • A customer can book a vehicle only after he/she has registered with Motorishta.

 

  • The customer must be 20 years of age or older and should hold a valid Indian driving license approved by RTA India. If the customer is not an Indian citizen, he/she must have a valid International driving license.

 

  • The customer must show the same to the representative of Motorishta available at location where possession of the vehicle is to be taken by the customer.

 

  • Customer must carry and support Motorishta in capturing any of EPIC (Electoral Photo Identity Card), Valid Passport, Aadhar Card from Unique Identification Authority of India, Identity card of tier – 1/2 Universities, Colleges, Educational Institutions which contains photo and address both and alike documents in original as an additional document to be placed on records of Motorishta to justify his/her identity

 

  • Motorishta reserves the sole right of granting membership to any applicant. Motorishta can refuse membership to any applicant, even if he/she satisfies all the above criteria. An applicant, on application for membership, authorizes Motorishta to verify the submitted documents through the concerned authorities.

 

  • Member must co-operate with the representative of Motorishta in taking a photo of Vehicle along with Member, which is meant for safety of Member and record purposes of Motorishta.

 

  • A customer is not allowed to create multiple accounts.
  • Motorishta vehicles can only be driven by registered members. Persons not registered on Motorishta, but accompanying Motorishta members are not allowed to drive the vehicle.

 

  • Motorishta members whose driver’s license has expired will not be allowed to make bookings.

 

  1. Motorishta Reservations

 

  • Motorishta customers are required to make reservations in advance and prior to pick-up. Bookings are done on a first come first serve basis. Availability of a particular vehicle at all times is not guaranteed by Motorishta. Booking requests should be made at least 2 hours prior to pick-up time. Requests with a lesser time gap will not be entertained.

 

  • If a customer wishes to extend the duration of his/her booking, he/she can do so on the Motorishta website or call on the contact provided by Motorishta. Extension depends on the availability of the vehicle for the requested period of time. Extra charges for the extended period of time will be calculated as per regular rates. Please refer Motorishta fee policy for more information.

 

  • If your extension request is not approved or denied by Motorishta and you do not return the vehicle to the designated Motorishta drop-off location by the end of your original reservation time, Motorishta reserves the right to take possession of the vehicle from you immediately or any time thereafter, and at any location. In such an event,

 

  • You will be charged late fee, inconvenience fee and any other charges applicable as per Motorishta’s fee policy from the scheduled end time of your original booking till the time the vehicle is recovered from you.

 

  • You will also be liable to pay any additional costs incurred by Motorishta in taking possession of the vehicle from you, and

 

  • You will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in the Motorishta vehicle any more.

 

  • All expenses incurred during the rental period on the vehicle such as parking fee, fine, tickets/challans, etc. will be borne by the customer.

 

  1. Pick-up and Delivery of Vehicle

 

  • The customer is expected to check, inspect and test ride the vehicle before taking delivery and convince himself/herself with regards to the quality of the vehicle.

 

  • Once the customer picks up the vehicle from the vendor, it is deemed that the customer is satisfied with the quality of the vehicle and absolves Motorishta of any liability that might arise due to any damage caused to life, health or property that should occur due to any mechanical malfunction of the vehicle or any of its parts or accessories.

 

  • The vehicle has to be picked up from and dropped within the office timings of the vendors.

 

  • While returning the vehicle, the customer must hand over the keys at the designated drop-off location. Trip will not be terminated until the keys are returned, and the customer will be billed accordingly.

 

  • The vehicle must be returned at the authorized Motorishta drop-off location only. If the customer fails to return the vehicle to the designated drop-off location on time for any reason whatsoever, penalty will be levied on the customer.

 

  1. Traffic Rules Violations

 

  • Motorishta customers will be responsible for any traffic rule violations (if any). This includes but is not limited to: incorrect parking, over-speeding, breaking red light at a signal and toll violations. The customer will be liable for all the fines/penalty arising out of such violations. In case of such violations, the customer must inform Motorishta immediately.

 

  • Motorishta will inform the customer about such an event, if it learns of such an event from a third party. The customer will be required to pay the relevant fines/penalty to the concerned authorities and submit a proof of such payment to Motorishta. Motorishta is not obligated to inform the customer, if the customer has prior knowledge of such violations. Any unreported traffic rule violation will be solely the customer’s responsibility and Motorishta will not bear any responsibility whatsoever.

 

  • Motorishta customers must not park a vehicle in no parking areas. Customer will be solely responsible for all the violation notices and towing charges (if any), if he/she leaves the vehicle in such a restricted zone. This may also lead to additional penalties being levied on the customer, if the violation leads to unavailability of the Motorishta vehicle for other reservations.

 

  1. Other Terms and Conditions

 

  • In case of any damage caused to the vehicle during the period in which the vehicle is in possession of the customer, due to any accident or otherwise, whether or not due to the negligence of the customer, customer has to pay the amount for vehicle repairing.

 

  • The fare does not include fuel costs and the toll taxes to be paid.

 

  • Change of Vehicle: In case the vendor changes the type of vehicle due to some reason, Motorishta will refund the differential amount to the customer upon being intimated by the customers within 24 hours of the journey.

 

  • The security deposit will be refunded only after checking the damages and if any damage is found, it will be deducted from the deposit.

 

  • Prior to taking any vehicle, the customer must document any pre-existing damage, and have the Motorishta representative acknowledge it as well. In case of any concerns, the customer may take photos at the start of the reservation and mail it to contact@motorishta.in. Otherwise, the customer may be held liable for any damage reported after the reservation.

 

  1. Legal Disputes

 

  • In case of any legal dispute or conflict between Motorishta and its customers arising from the services of Motorishta, the sole and exclusive jurisdiction lies with the courts of Maharashtra, India.

 

  • The customer is liable to pay Motorishta’s reasonable attorney fees and bear the cost of legal proceedings relating to this agreement, including appeals.