TERMS AND CONDITIONS FOR HOST/SUPPLIER & LESSEE
Last updated: Jun 20, 2022
Welcome to Rentalogue Host Services (“Rentalogue Host Services”) located at www.rentalogue.in (the “Site”) and the mobile application (the “App”). The Site and App (each the “Platform”) are owned and operated by Rentalogue LLP, a company incorporated under the Companies Act 1956, having its registered office at 1-16-98/4, Madhavi Nagar Colony, Sai Nagar Colony, Alwal, Secunderabad, Telangana 500015
Please read each of Governing Policies carefully to ensure that you understand each provision and before using or registering on the website or accessing any material, information or availing services through the Platform. If you do not agree to any of its terms, please do not use the Platform or avail any services through the Platform. The Governing Policies take effect when you click an “I Agree” button or checkbox presented with these terms or, if earlier, when you use any of the services offered on the Platform (the “Effective Date”). To serve you better, our Platform is continuously evolving, and we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.
AMENDMENTS / MODIFICATIONS
Rentalogue reserves the right to change the particulars contained in the Agreement from time to time and at any time. If Rentalogue decides to make changes to the Agreement, it will post the new version on the website and update the date specified above or communicate the same to you by other means. Any change or modification to the Agreement will be effective immediately from the date of upload of the Agreement on the Platform. It is pertinent that you review the Agreement whenever we modify them and keep yourself updated about the latest terms of Agreement because if you continue to use the Rentalogue Host Services after we have posted modified Agreement, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified terms of the Agreement, then you may not use the Rentalogue Host Services anymore.
RENTALOGUE HOST SERVICES
Rentalogue Host Services is a marketplace feature of the Platform more particularly described below. that helps owners of vehicles (“Hosts”/ “Lessors”) connect with users in temporary need of a vehicle on leasehold basis (“Lessee”) for their personal use (“Rentalogue Host Services”). Rentalogue does not itself lease or deal with such vehicles in any manner whatsoever and only provides a service connecting the Hosts to the Lessees so they may enter into a Lease Agreement (defined below). You understand and agree that Rentalogue is not a party to the Lease Agreement entered into between you as the Host of the vehicle or you as the Lessee of the vehicle, nor is Rentalogue a transportation service, agent, or insurer. Rentalogue has no control over the conduct of the Users of the Rentalogue Host Services and disclaims all liability in this regard.
Rentalogue Host Services aims to establish and provide a robust marketplace of reliable Hosts and Lessees. Although Rentalogue Host Services provides support for the transaction between Hosts and Lessees, we do not guarantee the quality or safety of the vehicles listed on the Platform, nor can we guarantee the truth or accuracy of any listings, or whether Hosts and Lessees will consummate a transaction, including the completion of any payment obligations.
*Mentioned in the down*
Some times booking cost will increase by the demand.
Rentalogue Host Services comprises of (a) the marketplace feature of the Platform host that enables Hosts and Lessees satisfying the applicable eligibility criteria listed below to connect with one another for leasing of vehicle for personal use; and (b) support/facilitation services for leasing including, among others, assistance with execution of the lease agreement, payment facilitation, vehicle cleaning/sanitization, vehicle delivery, on-road assistance, prospective Lessee diligence and vehicle usage/location tracking/Rentalogue Go (“Add-on Services”); and (iii) web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Rentalogue. Rentalogue attempts to be as accurate as possible in the description of the Rentalogue Host Services. However, Rentalogue does not warrant that the Rentalogue Host Services, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current.
Rentalogue reserves the right to correct, change or update information, errors, inaccuracies, subjective conclusions, interpretations, views, opinions or even human error, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to availability and Rentalogue Host Services. The user of the Rentalogue Host Services shall not hold Rentalogue liable for any loss or damage relating to the same.
USE OF RENTALOGUE HOST SERVICES
While you may use some section/features of the Platform without registering with us, to access the Rentalogue Host Services you will be required to register and create an account with us. Thereafter, only by the Hosts and Lessees satisfying the applicable eligibility criteria (listed below) will be able to use the services subject to the terms and conditions of this Agreement.
The Rentalogue Host Services are intended solely for users who are 18 years or older and satisfy user specific criteria below. Any use of the Rentalogue Host Services by anyone that does not meet these requirements is expressly prohibited.
Host/Vehicle Eligibility Criteria
• The Host must have valid passport, Aadhar number and/or other form of government issued identification document.
• The vehicle(s) proposed to be listed must be eligible non-transport or private personal use vehicle registered solely in your name. At the time of listing the vehicle(s) being listed should also not have any pending insurance claims and/or other on-going litigations, legal claims or any other claims that may arise in tort or law.
• Your vehicle must be registered, located in the state in India where is sought to be listed and have valid registration certificate issued by relevant regional transport authority under Motor Vehicles Act, 1988 (“MVA”).
• Your vehicle must be less than 7 years old and should meet all legal requirements of the state of its registration and usage.
• Your vehicle must be clean, well maintained and have the basic accessories, including safety device as per our maintenance, component and safety standards/equipment specifications attached hereto as Annexure I.
• You must abide by our exclusivity policy, which mandated that vehicle you list on Platform must be exclusively shared on the Platform and can’t appear on another car sharing/leasing platform.
• Your vehicle must meet our minimum insurance requirements of having Third Party Comprehensive Insurance as is mandated under Motor Vehicle Act, 1988.
• Your vehicle must have fewer than 80000 kilometers and have never been declared a total loss.
• You must have fitment of the In-Vehicle Devices in your vehicle to ensure safety and tracking of the vehicle.
Lessee Eligibility Criteria
• The Lessee must have a valid driving license issued by appropriate authority under Government of India.
• The Lessee must have valid passport, Aadhar number and/or other form of government issued identification document.
• The Lessee must be legally solvent with a minimum monthly income of not less than INR 30,000 as substantiated by bank account statement of 6 months.
• The Lessee must have no recent vehicle accidents in the last year, major traffic violations in the last 1 year, more than 2 recent moving violations and history of non-payment of failure to pay.
• The Lessee must have a clean criminal record, including but not limited to no felony(s), no violent crime(s), theft(s) or offence related to prohibited substance(s).
REGISTERING AND CREATING YOUR ACCOUNT
To access and use the Rentalogue Host Services, you shall have to open an account on the Platform with a valid email address by providing certain complete and accurate information and documentation including but not limited to your name, date of birth, , an email address and password, and other identifying information as may be necessary to open the account on the Platform. Each user may open and maintain only one account on the Platform
Please see below an indicative list of documents that you will be required to submit as part of the registration process on the Platform. Rentalogue may on a need basis request submission of additional documents as well, as it may deem necessary for facilitation of Rentalogue Host Services.
• Registration Certificate.
• Pollution Under Check Certificate.
• Car Insurance.
• Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)
• Valid Government ID Card (Aadhar, Voter’s ID, Passport etc)
• PAN Card
• Valid Driver’s License.
• Valid Government ID Card (Aadhar, Voter’s ID, Passport etc)
• Cancelled Cheque in name of the Host
• Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)
Once you have created an account with us, you are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into our Platform, and you are fully responsible for all activities that occur under this username and password. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at [email protected] If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.
EACH HOST AND LESSEE ACKNOWLEDGES AND AGREES THAT: (1) NEITHER RENTALOGUE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USERNAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR PLATFORM ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH RENTALOGUE AND OTHER USERS.
ONBOARDING VEHICLE & LSITING BY THE HOST
Once the user account is created, Hosts can onboard and list their vehicle(s) on the Platform for leasing by following the single steps available here https://rentalogue.in/join-with
Each such listing shall have a defined start time and end time (such period from the Start Time to the End Time being called the “Listing Period”) and choice of Designated Location (as specified below).
Listing can be created from the Platform at least 24 hour in advance. Host shall ensure the availability of the vehicle at the Designated Location for bookings during a Listing. Each Listing Period shall be for a minimum of 24 hours and a maximum period of 6 months.
Cancellation / Rescheduling of a Listing: Host shall have the right to cancel or reschedule a listing at any point of time. Charges, as stipulated in the Fee Policy shall be applicable on cancellation or rescheduling of a Listing under certain conditions.
Designated Location: The vehicle shall be parked at Host’s own location. Host shall ensure that the vehicle is parked in a clean, safe and clearly identifiable location (a “Designated Location”). Host shall have the option of specifying up to 2 (two) Designated Locations within the city limits. Host shall provide Rentalogue detailed directions to the Designated Location(s) for ensuring that Lessees are able to find and access the vehicle. If a Designated Location has restricted access, Host shall ensure that Lessees are able to access the location for a booking to make the pickup process seamless.
For the use of listing service, you shall allow the personnel/representatives of Rentalogue to visit your premise for assessment of your vehicle and installing the In-Vehicle Device in your vehicle to ensure its complete safety. Upon installation / fitment of the In-vehicle Device the vehicle will be returned to the location designated by you. You hereby unconditionally agree not to tamper or remove such In-Vehicle Devices. You further agree and acknowledge that such installed In-vehicle Devices may require minor modification from time to time and you shall provide full access of the vehicle to Rentalogue or any other party appointed by Rentalogue for the purpose of modification of such devices. In case you remove or otherwise tamper the In-vehicle Devices, you shall be liable to pay Rentalogue the actual cost of such In-vehicle Device. Rentalogue further reserves the right to deduct the foregoing amount from amount to be paid by Rentalogue to you. Both Host and Lessee acknowledge and accept that Rentalogue shall not be liable for any consequential damages arising due to such unauthorized removal and/or tampering of In-vehicle Device by either of the parties For the purpose of this Agreement, “In-Vehicle Devices” means and includes the various devices selected by Rentalogue to be installed in the vehicle for the security, safety, tracking and health monitoring of the vehicle. (Rentalogue Go)
Host hereby expressly consent to any consequential loss and warranty loss such as OEM “Original equipment Manufacture” warranty that you may suffer, as a result of fitment of the In-vehicle Device in the vehicle. Rentalogue will compensate the Host for any consequential losses to the electrical wiring as may be included in the Electrical Warranty provided by the OEM which occurs during the period the vehicle is in use by the Lessee on account of the same. Notwithstanding the foregoing Rentalogue will not provide any compensation upon termination of this Agreement or your account for any other reason whatsoever. You will not fit any other devices in the vehicle other than the In-Vehicle Devices, whether for customer privacy, GPS or otherwise. Upon termination of this Agreement for any reason whatsoever, Rentalogue will be authorised to remove In-Vehicle Device installed in the vehicle and any failure to do so due to a reason attributable to you, will result in a penalty on you as per the Fee Schedule.
Further, you acknowledge and accept that Rentalogue collects GPS and driver behaviour related data through the In-Vehicle Devices and that the same will be collected even when you are using it for your personal use due to fitment of In-Vehicle Device in your Vehicle. You hereby agree and expressly consent that Rentalogue shall be allowed to collect such aforementioned data until removal of the In-Vehicle Device from the Vehicle.
Once the vehicle onboarding process is complete the Vehicle will be listed on the Platform. Your Host listing page will also include information such as your city and area detail where the vehicle is located, your listing description, your public profile photo, your responsiveness in replying to Lessees’ queries, and any additional information you share with other users via the Platform.
By listing a vehicle, Hosts are agreeing to (i) provide true and accurate information and are representing that the information that they are providing is accurate; (ii) that the photos, contained in the listing are actual photos of the vehicle being advertised, and that they are not misrepresenting their vehicle in any way; (iii) maintain only one active listing, per vehicle, at a time; (e) truthfully represent any claims or allegations of damage; and (f) work in good faith to resolve any disagreement with Rentalogue and the Lessees.
Once your account is created on the Platform, the Lessee will receive confirmation of successful creation of Lessee account from Rentalogue. Thereafter, the verified Lessees can view the vehicles listed on the Platform and send a booking request for your vehicle via the Platform.
The Lessee will be able to (i) book the trip to start at any time of the day subject to availability; and (ii) choose a start time of the trip from the next hour from the time of the booking.
Upon receipt of booking request in relation to a vehicle, Rentalogue shall confirm such booking and communicate details of the final booking with the Host and the Lessee through an email, text message or message via the Platform confirming such booking.
By accepting these terms relating to the online booking process, the parties hereby acknowledge and agree that (i) each of the Host and Lessee accept the conditions for listing the vehicle on the Rentalogue Platform and use of Rentalogue Services. (ii) Rentalogue is merely a facilitator and any arrangements entered into between Host and Lessee through this Platform or otherwise is solely at their’ own risk and expense.
The parties, specifically the Lessees understand that this Agreement only grant rental/usufructuary/ limited rights of use over the vehicle, and all along the absolute and unencumbered ownership of the vehicle for all intent and purposes, including for regulatory requirement under the applicable laws in India, will remain with the Host. This Agreement will cover all terms of listing and availing of Rentalogue Host Services and the Lease Agreement (as defined under) shall cover the terms of the subsequent booking as agreed between the Host and the Lessee, including Damage Protection Fee (defined below), liability for violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, and so on. It is hereby clarified, and the Host and the Lessee acknowledge that Rentalogue is not the owner of the vehicles listed on its Platform and is merely a facilitator as provided under this Agreement.
LEASE OF VEHICLE
Upon acceptance of the booking by the Host, the Host and Lessee will be required to duly enter into a standard lease agreement (“Lease Agreement”) to formally execute the terms and conditions and commercials for such booking to ensure compliance with the requirements of applicable law. Rentalogue shall assist both the Host and the Lessee with the electronic execution and record keeping as a part of its Rentalogue Host Services. The Lessee understands and accepts that the trip cannot start unless the Lease Agreement is duly executed over our Platform.
The Lease Agreement will cover all terms of lease as agreed between the Host and the Lessee (collectively the “parties”) including Lease Rental, Damage Protection Fee (defined below), liability for any traffic and/or parking violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, Lessee’s obligations, dispute resolution and so on. Upon execution of the Lease Agreement and delivery of the Vehicle to the Lessee, the Host shall constitute the demise of the vehicle to the Lessee (defined as “Lessee”, on the terms and conditions contained therein (“Lease Agreement”).
By utilizing a separate Lease Agreement or otherwise displaying terms relating to the lease as part of the online booking process, the parties hereby acknowledge and agree that (i) such separate Lease Agreement is directly between the Lessee and the Host; (ii) the Rentalogue is not party to such separate Lease Agreement, (iii) Lease Agreement executed, is solely at the parties’ own risk and expense, (iv) nothing contained in the Lease Agreement, on the Platform or this Agreement is a substitute for the advice of a legal counsel and (v) the parties have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary the Lease Agreement to ensure compliance with applicable laws. If there is any conflict between the terms of a separate Lease Agreement and this Agreement, the terms of this Agreement shall prevail.