Car Sharing Policy

CAR SHARING AGREEMENT
(Facilitated through the YoursCarr Platform)
This Car Sharing Agreement (“Agreement”) is executed on ______ day of ______, 20____ (“Effective Date”).
BY AND BETWEEN:
______________________, an individual / entity having address at ______________________ and holding a valid vehicle registration, through its authorised signatory (hereinafter referred to as the “Host”, which expression shall, unless repugnant to the context, mean and include his/her/its heirs, executors, administrators, successors and assigns);
AND
______________________, an individual having address at ______________________ and holding a valid driving licence issued under the Motor Vehicles Act, 1988 (as amended from time to time) (hereinafter referred to as the “User”, which expression shall, unless repugnant to the context, mean and include his/her heirs, executors, administrators, successors and assigns).
The Host and the User shall hereinafter individually be referred to as a “Party” and collectively as the “Parties”.
WHEREAS:
A. The Host is the sole legal and registered owner (or an individual duly authorised by the registered owner) of the Vehicle (as defined herein) and has listed the Vehicle on the technology platform known as “YoursCarr” (the “Platform”), owned and operated by Trailwheels Rental Private Limited, a company incorporated under the Companies Act, 2013 (“YoursCarr” or “Platform Operator).
B. The User is a registered user of the Platform, has completed KYC verification in accordance with the Platform’s onboarding requirements, and wishes to use the Vehicle listed by the Host for self-drive personal use for the Rental Period (as defined herein), subject to the terms and conditions of this Agreement.
C. The Parties acknowledge and agree that YoursCarr acts solely as a technology intermediary facilitating connections between Hosts and Users. YoursCarr is not a party to this Agreement and shall have no liability or obligation arising hereunder. The contractual relationship for the use of the Vehicle is exclusively between the Host and the User.
D. The Platform provides tools for listing, discovery, booking, payment facilitation, user and Host verification, ratings, reviews, and customer support; however, YoursCarr does not own, lease, manage, or operate any Vehicles listed on the Platform, and does not guarantee the condition, quality, safety, roadworthiness, legality, or fitness of any Vehicle.
E. YoursCarr does not operate as a transport service provider or a rent-a-cab operator and shall not be responsible for ensuring compliance by Hosts or Users with Applicable Laws, including the Motor Vehicles Act, 1988 and the Rent-a-Cab Scheme, 1989. Compliance with such laws shall be the sole responsibility of the Host and, where applicable, the User.
F. The Parties are desirous of recording the terms and conditions agreed between them relating to the sharing and use of the Vehicle as hereinafter mentioned.

NOW THEREFORE, THE PARTIES HERETO, INTENDING TO BE LEGALLY BOUND, AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1. “Add-on Services” shall mean any optional services, features, or benefits availed through the Platform in connection with a Booking, including but not limited to extended usage, doorstep delivery, additional driver options, roadside assistance, or insurance add-ons, whether provided by YoursCarr or third-party service providers.
1.2. “Affiliate” in relation to a Party or the Platform Operator, shall mean any entity that directly or indirectly Controls, is Controlled by, or is under common Control with such Party or the Platform Operator, but only for so long as such Control exists. The term “Control” for the purposes of this definition means direct or indirect ownership or control of more than 50% of the voting interests of the entity in question.
1.3. “Applicable Laws” shall mean all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, statutory authority, tribunal, board or court, as may be applicable. Without prejudice to the generality of the foregoing, Applicable Laws shall include laws, regulations, rules and ordinances relating to the possession, use, storage and transport of motor vehicles, including the Motor Vehicles Act, 1988, the Rent-a-Cab Scheme, 1989, applicable state motor vehicle rules, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, and any directives or notifications issued by the relevant transport authorities from time to time.
1.4. “Booking” shall mean a confirmed reservation made by the User through the Platform for the use of the Vehicle listed by the Host for a specified Rental Period, subject to payment and acceptance of applicable terms.
1.5. “Booking Charges” shall mean the aggregate charges payable by the User in connection with the Booking, as specified in the Booking confirmation on the Platform, inclusive of the rental fee, Platform usage/convenience fees, insurance/trip protection charges, delivery charges (if applicable), and any applicable taxes including Goods and Services Tax (“GST”).
1.6. “Confidential Information” shall mean all information and any data disclosed or made available, directly or indirectly, by either Party to the other, whether in written, oral, electronic, or any other form, pertaining to the business, operations, finances, assets, technology, personal data, or other proprietary matters of the Disclosing Party, including without limitation personal identification details, driving licence information, vehicle details, financial information, booking history, and any other information that is reasonably understood to be confidential.
1.7. “Delivery Date” shall mean the date on which the Vehicle is to be delivered to or collected by the User, as specified in the Booking details on the Platform.
1.8. “Designated Location” shall mean the location specified in the Booking details on the Platform for delivery and return of the Vehicle.
1.9. “Fee Policy” shall mean the schedule of fees, charges, penalties, and other amounts payable by the User or Host as specified and published on the Platform from time to time.
1.10. “Force Majeure Event” shall have the meaning ascribed to it in Clause 19 of this Agreement.
1.11. “In-Vehicle Devices” shall mean any telematics, GPS tracking, safety, health monitoring, or diagnostic devices installed in the Vehicle by the Host or the Platform Operator for security, tracking, health monitoring, and operational management of the Vehicle.
1.12. “Intellectual Property” or “IP” means all rights in and to any copyright, trademark, trading name, design, patent, know-how (trade secrets), software, algorithms, and all other rights resulting from intellectual activity in the industrial, scientific, literary, or artistic field and any application or right to apply for registration of any of these rights, whether existing under statute or at common law or equity, now or hereafter in force or recognised.
1.13. “Motor Vehicles Act” or “MVA” means the Motor Vehicles Act, 1988, rules and regulations prescribed thereunder, as now enacted or as the same may from time to time be amended, replaced or re-enacted.
1.14. “Permitted Territory” shall mean the entire territory of India, excluding any travel to connected international borders or neighbouring countries including but not limited to Nepal, Bhutan, Bangladesh, or Pakistan, unless expressly permitted by the Host in writing and reflected in the Booking.
1.15. “Permitted Use” shall mean use of the Vehicle solely for the User’s personal, non-commercial, self-drive use within the Permitted Territory, in strict compliance with Applicable Laws and this Agreement.
1.16. “Platform” shall mean the website and/or mobile application operated by YoursCarr (Trailwheels Rental Private Limited) that provides a technology-based marketplace for connecting vehicle owners (Hosts) with persons interested in using vehicles for self-drive personal use (Users), including all features, functionalities, and Services made available thereunder.
1.17. “Prohibited Use” shall have the meaning ascribed to it in Clause 4.2 of this Agreement.
1.18. “Rental Period” shall mean the duration for which the Vehicle is booked by the User, commencing from the scheduled pick-up time and ending at the scheduled drop-off time, as specified in the Booking, and includes any extensions expressly agreed upon by the Parties.
1.19. “Security Deposit” shall mean the refundable deposit payable by the User prior to commencement of the Rental Period, as specified in the Booking details on the Platform, subject to adjustment in accordance with this Agreement.
1.20. “Third-Party Services” shall mean any services, products, or functionalities provided by independent third parties and made available through or integrated with the Platform, including but not limited to payment gateways, identity verification services, insurance providers, telematics, or roadside assistance services, over which YoursCarr exercises no direct control.
1.21. “Vehicle” shall mean the motor vehicle together with all its components, accessories, documents, and devices as described in the Booking details on the Platform.
1.22. “Vehicle Condition Guidelines” shall mean the guidelines for assessment of the condition of the Vehicle at the time of delivery and return, as set out in Schedule 1 to this Agreement.
1.23. “Vehicle Condition Report” shall mean the written or digital record (including photographs, video recordings, and checklists) documenting the condition of the Vehicle at the time of delivery to the User and at the time of return to the Host.
1.24. “Vehicle Documentation” shall mean the original documentation of the Vehicle, including the Registration Certificate (RC), Vehicle Insurance policy, Pollution Under Control (PUC) certificate, fitness certificate (where applicable), applicable permits, and other mandatory documents prescribed by the relevant authorities under Applicable Laws.
1.25. “Vehicle Insurance” shall mean the valid and comprehensive motor insurance policy maintained by the Host in respect of the Vehicle, that permits usage consistent with self-drive or car-sharing arrangements.

In this Agreement, unless the context otherwise requires:
a) Headings are for convenience only and shall not affect the interpretation of this Agreement.
b) Words denoting any gender shall include all genders; terms denoting persons shall include both natural and legal persons (such as companies) and vice versa.
c) The terms of this Agreement shall be binding on both Parties based on their respective conduct notwithstanding any error or defect in its execution.
d) A reference to a Clause or Schedule is a reference to a clause of, or schedule to, this Agreement and all Schedules shall be an integral part of this Agreement.
e) References to any statute or statutory provision shall include any subordinate legislation and any modification, amendment, re-enactment or replacement thereof from time to time in force.
f) The words “include”, “includes”, and “including” shall be construed as being followed by the words “without limitation”.
g) Any obligation on a Party not to do something includes an obligation not to agree or allow that thing to be done.
2. AGREEMENT TO SHARE
2.1. Based on the covenants, assurances, and representations of the User recorded herein, the Host hereby agrees to make available, and the User hereby agrees to take possession of, the Vehicle on lease/rental/sharing basis for self-drive use, subject to the terms and conditions of this Agreement.
2.2. The User expressly understands and agrees that this Agreement constitutes a right to use the Vehicle for the Rental Period only, and shall not be construed as a transfer of any ownership right, title, or interest in the Vehicle. The absolute and unencumbered ownership of the Vehicle shall at all times remain with the Host (or the registered owner, as the case may be).
2.3. During the Rental Period, the User shall hold the Vehicle in a fiduciary capacity for the benefit of the Host and shall, at its expense, protect and defend the title of the Host in the Vehicle against creditors of, or any person(s) claiming through, the User.
2.4. Nothing in this Agreement shall constitute any agency, partnership, joint venture, or employer-employee relationship between the Parties, or between either Party and YoursCarr. Neither Party has the right, power, or authority to bind or act on behalf of the other Party unless expressly provided herein.
2.5. The User acknowledges and agrees that the Vehicle is being provided on an “as-is” and “as-available” basis, subject to the Host’s representations and warranties under Clause 14 of this Agreement. Except as expressly provided herein, the Host makes no warranty or representation, express or implied, as to the fitness, safeness, design, merchantability, condition, quality, capacity, or workmanship of the Vehicle.
3. RENTAL PERIOD
3.1. The sharing of the Vehicle to the User shall be for the Rental Period as specified in the Booking confirmation on the Platform, commencing from the Delivery Date and ending on the scheduled drop-off date and time.
3.2. The Rental Period may be extended for such additional period as may be mutually agreed upon by the Parties, subject to Vehicle availability, Host approval, and payment of additional charges as may be agreed between the Parties and/or as reflected on the Platform and/or as provided in the Fee Policy. All extension requests must be made through the Platform.
3.3. Unauthorised extensions or continued use of the Vehicle beyond the Rental Period without the Host’s prior written consent shall constitute a material breach of this Agreement and shall attract penal charges as specified in the Fee Policy, without prejudice to any other rights or remedies available to the Host.
3.4. In the event the lease term / Rental Period stands extended on account of theft, confiscation, accident, or settlement of insurance claims, such extended period shall be governed by the applicable provisions of this Agreement.
4. TERMS OF VEHICLE USAGE
4.1. The User hereby agrees and covenants that the Vehicle shall be used in a prudent and careful manner solely for the Permitted Use within the Permitted Territory, and shall be driven only by the User, in strict compliance with Applicable Laws, applying the same degree of care when using the Vehicle as would ordinarily be exercised if it belonged to the User.
4.2. The User further agrees and acknowledges that other than the Permitted Use, all other uses of the Vehicle listed below (by the User and/or any person directly or indirectly acting through, authorised by, or on behalf of the User) are strictly prohibited (the “Prohibited Uses”) and shall constitute a material breach of this Agreement:
• Commercial use for any purpose whatsoever, including transportation services (goods and/or passengers) involving hire and/or reward;
• Providing driving lessons;
• Use for sports, adventure, racing, rallies, competitive events, endurance tests, or similar events;
• Towing, pushing, or propelling any trailer or any other vehicle;
• Commission of any crime, illegal, or unlawful activity;
• Storage of any combustible, noxious, or hazardous goods, or any goods that owing to their weight or structure may adversely affect or damage the Vehicle, its interior, engine, or any parts thereof;
• Taking the Vehicle outside the Permitted Territory;
• Sub-letting, re-renting, or permitting any unauthorised person to use or drive the Vehicle;
• Driving under the influence of drugs, alcohol, or any other intoxicant;
• Driving in contravention of speed limits as prescribed by competent authorities;
• Driving the Vehicle while using a mobile phone or any other communication device in any manner, including sending SMS, emailing, or otherwise engaging in activities that may distract the User from driving;
• Burning any substance including tobacco, incense, etc. inside the Vehicle;
• Use of tobacco, cigarettes, cigars, and alcohol inside the Vehicle;
• Transportation of animals in the Vehicle;
• Transporting more passengers than the prescribed seating capacity of the Vehicle;
• Any use that puts the Vehicle at a greater risk of damage or materially impairs its value;
• Any unreasonable, unwarranted, illegal, unethical, or inappropriate use of the Vehicle;
• Jump starting the Vehicle without the prior written consent of the Host; and
• Any use that contravenes the terms of this Agreement, the Vehicle Insurance, or Applicable Laws.
4.3. The User acknowledges that any Prohibited Use shall entitle the Host to immediately terminate this Agreement in accordance with Clause 16, and the User shall be solely liable for all damages, losses, costs, and consequences arising therefrom.
5. DELIVERY OF THE VEHICLE
5.1. Upon confirmation of the Booking and receipt of the Booking Charges through the Platform, the Host shall make the Vehicle available for delivery at the Designated Location on the Delivery Date, together with the Vehicle key(s), Vehicle Documentation, and any In-Vehicle Devices.
5.2. For the security, safety, tracking, and health monitoring of the Vehicle, certain In-Vehicle Devices may be installed by the Host or the Platform Operator prior to delivery. The User agrees and acknowledges that In-Vehicle Devices may require minor modification from time to time, and the User shall provide full access of the Vehicle to the Host or its authorised agent for such purpose upon reasonable prior written notice.
5.3. The User shall be present in person to take delivery of the Vehicle, produce his/her original driving licence for inspection, furnish copies of such licence and any additional identity/address proof (Aadhaar, Passport, Voter ID, or other government-issued identity proof) as may be required, and sign the necessary delivery receipt, which shall serve as evidence of delivery and acceptance of the Vehicle.
5.4. The User shall inspect the Vehicle (exterior walk-around and interior look-over) prior to taking delivery and shall complete the Vehicle Condition Report at the time of delivery, which shall be deemed to constitute the User’s acknowledgment of the condition of the Vehicle. Any fault, defect, or discrepancy detected shall be immediately recorded in the Vehicle Condition Report and reported to the Host and the Platform. Faults not recorded at the time of delivery shall thereafter be dealt with in accordance with Clause 11 (Maintenance and Repair).
5.5. If the User fails to take delivery of the Vehicle on the Delivery Date for any reason, subsequent delivery attempts shall be chargeable as per the Fee Policy. The Rental Period shall commence from the scheduled pick-up time irrespective of delay in actual collection by the User. Provided that in case of failure of the User to take delivery or the Host to provide delivery, the non-defaulting Party shall have the right to terminate this Agreement in accordance with Clause 16.
5.6. Where the User has opted for doorstep delivery, any risk or damage to the Vehicle in transit to such location shall be treated as per the insurance/trip protection provisions under Clause 10 of this Agreement.
6. BOOKING CHARGES AND PAYMENT
6.1. In consideration of the use of the Vehicle, the User shall pay to the Host the Booking Charges as specified in the Booking confirmation on the Platform, in advance, through the Platform.
6.2. The Booking Charges shall comprise charges towards: (i) usage of the Vehicle for a pre-agreed distance/time as specified in the Booking details (“Agreed Time”); (ii) Platform usage/convenience fees; (iii) insurance/trip protection charges; (iv) maintenance and repair cost allocation; (v) delivery charges, if applicable; and (vi) applicable taxes including GST.
6.3. A refundable Security Deposit may be collected from the User prior to the commencement of the Rental Period, as specified in the Booking details. The Security Deposit may be adjusted against:
• damages or repair costs;
• traffic violations, challans, or statutory dues;
• excess usage charges;
• penalties, late fees, or other dues; and
• any unpaid amounts under this Agreement or the Fee Policy.
6.4. In the event the usage of the Vehicle exceeds the Agreed Time, the excess time shall be charged at the rate specified in the Fee Policy. The difference between the actual usage and the Agreed Time shall be determined and settled at the time of expiry or termination of the Rental Period.
6.5. The User shall be liable to pay any additional charges accruing during or after the Rental Period, including excess time charges, late return charges, damage charges, cleaning/restoration charges, or traffic violation penalties, as per the Fee Policy.
6.6. The User shall be liable to pay any outstanding charges and shall be chargeable in accordance with the Fee Policy, and may also incur penalties or late payment charges for prolonged default in clearing such outstanding amounts.
6.7. Any payments made by the Host on behalf of the User pertaining to the Vehicle shall be promptly reimbursed by the User upon receipt of written notice from the Host together with documentary proof of such payments, or at the option of the Host, may be set off against amounts payable by the Host to the User.
6.8. The User acknowledges that certain charges may be determined post-trip, including but not limited to tolls, FASTag deductions, parking charges, damages, late returns, or penalties. The User authorises YoursCarr and/or the Host to: (a) deduct such amounts from the Security Deposit; and/or (b) charge the User’s saved payment method on the Platform; and/or (c) raise an invoice payable on demand.
6.9. In the event of failed, reversed, or disputed payments, the User shall remain liable for the full amount due. YoursCarr and/or the Host reserves the right to suspend the User’s account, and the User shall be liable for any recovery costs, including legal fees, collection charges, and administrative expenses incurred in recovering outstanding dues.
7. THEFT, ACCIDENT AND DAMAGE
7.1. The User shall be solely responsible for safety measures and precautions against any damage, accident, or criminal activity on or in respect of the Vehicle during the Rental Period and until the Vehicle is returned in good working condition to the Host. Subject to the insurance provisions under Clause 10, the User assumes sole financial liability in respect of:
(a) damage, destruction, or theft of the Vehicle, howsoever caused or occasioned; and
(b) all other risks and liabilities, including personal injury or death and property damage, arising with respect to the Vehicle, howsoever arising.
7.2. The User hereby agrees and acknowledges that under no circumstances shall the Host be held liable to the User and/or any third party for: (i) any loss or damage that may be suffered by the User or any third party arising from the above events or risks, howsoever caused or occasioned; and (ii) any indirect, incidental, special, or consequential damages arising from or related to the use of the Vehicle by the User or his/her co-passengers or family members.
7.3. In the event of damage, accident, or theft of the Vehicle or any part and/or accessory thereof, the User shall:
(a) immediately, and in no event later than 6 (six) hours from the occurrence, notify the Platform and the Host of all details of the damage, accident, or theft in writing;
(b) extend full support and cooperation to the Host in reporting the incident to the nearest police station and obtaining a copy of the First Information Report (“FIR”);
(c) in case of damage or accident, after filing the FIR and notifying the Host, as per the Host’s instructions, take the Vehicle to the nearest workshop specified by the Host for repair or assessment of repairability; and
(d) in case of failure to fulfil obligations under this Clause 7.3, the User shall be solely liable for all costs, damages, and consequences arising as a result thereof.
7.4. In the case of:
(a) theft, accident, or damage resulting in complete destruction/loss of the Vehicle, the User shall continue to be liable for the Booking Charges until such time as the insurance claim is settled. Upon settlement of the claim, the Host shall reconcile the accounts with the User, subject to set-off of all amounts due under this Agreement; and
(b) accident or damage resulting in partial or repairable damages, the User shall continue to pay the Booking Charges in accordance with this Agreement, including for the period during which the Vehicle is deposited at any workshop for repair.
7.5. Notwithstanding anything contained herein, in the case of an accident or damage resulting in partial or repairable damages, or in case of theft where the Vehicle is recovered:
(a) the Host may, in its sole discretion depending on the condition of the Vehicle, opt not to continue the sharing arrangement and terminate this Agreement under Clause 16, and the User shall be liable to promptly pay all unpaid dues including excess time charges; and
(b) the User shall not be entitled to terminate the Agreement, and where the Rental Period is about to expire, the same shall stand extended until the settlement of the insurance claim and/or conclusion of any police investigation or proceedings with respect to the damage, accident, or theft.
8. TRAFFIC VIOLATIONS AND CONFISCATION
8.1. During the Rental Period and until the return of the Vehicle in good working condition, the User shall be solely responsible for use of the Vehicle in compliance with traffic rules and regulations, including payment of toll charges. Accordingly, the User shall be solely liable for all traffic violations involving the Vehicle during the aforesaid period (“Traffic Violations”) and all costs, penalties, fines, and charges imposed in respect thereof, including fines for late payment, toll evasion, inter-state taxes, FASTag deductions, or any processing fees added by the relevant regulatory authorities. Traffic Violations include, but are not limited to, unauthorised parking, excess speeding, breaking red lights, photo enforcement, signal jumping, and toll violations.
8.2. The User shall notify and report all Traffic Violations to the Host in writing together with all details, as soon as possible, not being later than 24 (twenty-four) hours prior to the expiry of the period prescribed for taking necessary action in respect thereof under Applicable Laws. Thereafter, the User shall forthwith pay the relevant fines to the authority concerned and provide the Host with proof of such payment. In the event the User fails to do so, the Host shall have the right at its sole discretion to pay such amounts and the User shall reimburse the Host for the same at the earliest.
8.3. The User shall also be responsible if the Vehicle is confiscated, seized, or impounded during the Rental Period and until the return of the Vehicle in good working condition, for any reason attributable to the User (“Confiscation”). In such cases the User shall:
(a) notify and report the Confiscation to the Host in writing together with all details, as soon as possible, not being later than 24 hours prior to the expiry of the period prescribed for taking necessary action under Applicable Laws;
(b) provide full support, assistance, and cooperation to the Host and take all necessary steps to have the Vehicle released from the relevant authorities; and
(c) bear all fines, charges, penalties, fees imposed by the relevant authorities, and all costs and expenses incidental to the release of the Vehicle.
8.4. In the event the User fails to provide support and/or pay for the costs involved in having the Vehicle released from Confiscation, the Host shall have the right (at its sole discretion) to take necessary steps to secure the release of the Vehicle at its own expense, and the User shall promptly reimburse the Host for all costs/expenses incurred.
8.5. Notwithstanding anything to the contrary stated herein, in case of Confiscation: (i) if the Rental Period is about to expire prior to release of the Vehicle, the Rental Period shall stand extended in accordance with the terms of this Agreement; and (ii) the User shall not be entitled to terminate the Agreement until the Vehicle has been duly released, all fines/charges/conditions imposed for release have been paid or satisfied, and necessary documentary evidence reflecting conclusive disposal of the matter is received by the Host.
9. VEHICLE INSPECTION AND CONDITION REPORT
9.1. The Parties shall jointly inspect the Vehicle at the time of delivery and at the time of return. The findings of each inspection shall be recorded in the Vehicle Condition Report.
9.2. The Vehicle Condition Report shall include, at a minimum:
(a) photographic and/or video evidence of the exterior and interior condition of the Vehicle;
(b) recording of the odometer reading;
(c) fuel level;
(d) status of tyres, battery, lights, and other safety-critical components;
(e) any pre-existing damage, scratches, dents, or defects; and
(f) the presence and condition of all Vehicle Documentation, keys, In-Vehicle Devices, and accessories.
9.3. Both Parties are strongly encouraged to take photographs and video recordings of the Vehicle at the time of delivery and return as evidence of the Vehicle’s condition. The Vehicle Condition Report at the time of delivery shall serve as the baseline for assessing the condition of the Vehicle upon its return.
9.4. Any damage, defect, or discrepancy identified at the time of return that is beyond normal wear and tear (as assessed in accordance with the Vehicle Condition Guidelines in Schedule 1) and was not recorded in the Vehicle Condition Report at the time of delivery shall be presumed to have occurred during the Rental Period and shall be the liability of the User.
9.5. In the event of a dispute regarding the condition of the Vehicle at the time of return, the Vehicle Condition Reports prepared at delivery and return, together with photographic/video evidence, shall serve as the primary evidentiary basis for resolution.
10. INSURANCE AND TRIP PROTECTION
10.1. The Host shall ensure that the Vehicle is covered by a valid and comprehensive motor insurance policy (“Vehicle Insurance”) at all times during the Rental Period and until the Vehicle is returned in good working condition. The Host represents and warrants that such insurance permits usage consistent with self-drive or car-sharing arrangements.
10.2. The Vehicle Insurance shall provide primary third-party liability protection, which shall be to the extent of claims/liabilities covered by the vehicle insurer on the Vehicle for any/all claims and/or liabilities arising during the use or operation of the Vehicle by the User.
10.3. The liability protection under the Vehicle Insurance applies only to claims of third-party bodily injury, death, or property damage (other than to the Vehicle) arising from the use of the Vehicle as permitted by this Agreement and Applicable Laws. Any such protection excludes any claim made by the User or co-passenger or the User’s or co-passengers’ immediate family members who permanently live with the User or were travelling with the User at the time of the incident. The Host shall in no event be liable to the User and/or the co-passenger(s) for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to the Vehicle, its use, or this Agreement.
10.4. Own Damage to the Vehicle shall be the responsibility of the User. Any costs and charges not covered under the Vehicle Insurance and directly or indirectly attributable to the User’s default, negligence, or breach of this Agreement shall be borne by the User.
10.5. In case of total loss or theft, the User shall promptly notify the Platform and the Host and shall assist the Host in filing complaints and invoking insurance claims by providing all required documentation and details of the accident or damages. The Host’s decision regarding filing of claims shall be final and binding on both Parties.
10.6. In cases where the Host decides not to file a claim, repair expenses shall be borne by the User, except in cases of theft, total loss, and/or situations where the Host is unable to claim insurance due to actions (or lack thereof) attributable to the User.
10.7. The expenses associated with: (a) any risks and ensuing damage to the Vehicle which are not fully covered by the Vehicle Insurance; and (b) risks which are not borne by the Host in terms hereof, shall be borne by the User. Accordingly, the User shall pay to the Host the amount of loss and/or damage not paid under the Vehicle Insurance and shall be liable for the following:
(a) Damage to the Vehicle: The difference, if any, between the actual amount incurred in repairing the damage and the amounts recovered/to be recovered under the Vehicle Insurance;
(b) Theft/total loss of the Vehicle: (i) The shortfall between the claim amount received under the Vehicle Insurance and the book value of the Vehicle at the time of theft/total loss; (ii) if usage of the Vehicle at the time exceeds the Agreed Time, charges for excess time as per the Fee Policy; (iii) other costs/expenses incurred by the Host for assessment of loss; and (iv) other charges remaining unpaid by the User under this Agreement; and
(c) Depreciation or loss of use charges, if applicable as per the Fee Policy.
10.8. Where the insurance claim for damages/loss to the Vehicle is repudiated or not admitted by the insurer due to mishandling, negligence, fault, rash driving, or any other illegal or unlawful use by the User, or where any third-party claim is rejected due to negligence, misconduct, or unlawful act of the User, the User shall be solely liable for all related damages, losses, costs, and expenses.
10.9. The User acknowledges that insurance coverage may be subject to limitations, exclusions, and deductibles, and that certain damages, losses, or liabilities may not be covered. The User agrees to bear all costs not covered by insurance.
11. MAINTENANCE AND REPAIR
11.1. The Host shall ensure that the Vehicle is roadworthy, regularly serviced, and maintained in compliance with safety and operational standards and the Vehicle Condition Guidelines at the time of delivery to the User.
11.2. The Host shall, through its authorised agent/service provider (“Authorised Service Provider”), perform the necessary and required routine maintenance on the Vehicle. Upon request from the Host, the User shall provide to the Authorised Service Provider all details on the Vehicle’s usage, including the reading of the distance indicator (“Odometer”), tyre quality, and battery condition. Any defect or discrepancy in the Odometer shall be promptly reported by the User to the Host.
11.3. During the Rental Period, the User shall maintain the Vehicle in as good a condition as it was at the time of delivery, fair wear and tear excepted. All repair or maintenance of the Vehicle shall be undertaken only with the prior written consent or confirmation of the Host.
11.4. All incidents requiring repair of the Vehicle must be reported to the Host and, in accordance with the Host’s instruction, taken to the specified workshop for repair. The User shall be responsible for towing, repairs, and other expenses if the incident results from a breach of this Agreement and/or use of the Vehicle in violation of the terms of this Agreement and/or its user manual.
11.5. All parts and accessories replaced or added to the Vehicle during the Rental Period and until the Vehicle is returned to the Host shall be the sole and exclusive property of the Host, and the User shall have no rights in respect thereof, including the right to be compensated therefor.
11.6. The User shall not perform, or allow any person to perform, any work upon or make modifications, changes, alterations, or repairs to the Vehicle, except as expressly provided under this Agreement or with the prior written consent of the Host.
12. OBLIGATIONS OF THE USER
12.1. During the Rental Period and until the return of the Vehicle to the Host in good working condition, the User shall:
• at his/her expense, maintain the cleanliness, condition, and appearance of the Vehicle in as good an operating condition as it was on the commencement date of the Rental Period;
• use the Vehicle only for the Permitted Use in conformity with the owner’s manual instructions provided as part of the Vehicle Documentation;
• not drive the Vehicle under the influence of drugs, alcohol, or any other substance or intoxicant;
• not exceed prescribed speed limits as notified by competent authorities;
• not permit use of the Vehicle by any other person or sell, transfer, alienate, assign, license, or create any rights or interest over the Vehicle;
• not drive the Vehicle outside the Permitted Territory;
• not use a mobile phone or any other communication device while driving the Vehicle;
• not smoke or burn any substance including tobacco, incense, etc. inside the Vehicle;
• not transport animals in the Vehicle;
• not transport more passengers than the prescribed seating capacity of the Vehicle;
• maintain a valid driving licence and keep it effective and in force at all times during the subsistence of this Agreement;
• promptly notify the Host in case of any expiration, suspension, or revocation of his/her driving licence, or any tickets, citations, or convictions related to Traffic Violations;
• maintain effective control of the Vehicle and keep the Vehicle in a secure and suitable environment when not in use;
• take all necessary actions to duly secure the Vehicle from external factors while parking, including closing windows and locking the Vehicle;
• comply with all Applicable Laws, including rules relating to use of seat belts, speed/weight limits, child restraint, and instructions displayed by authorities;
• not perform, or allow any person to perform, any work upon or make modifications, changes, alterations, or repairs to the Vehicle, except as provided under this Agreement;
• not tamper with and/or remove the In-Vehicle Devices, and in case of tampering or removal, pay to the Host the actual cost of the In-Vehicle Devices;
• allow the Host or its representatives to inspect the Vehicle at all reasonable times with prior notice of at least 4 (four) hours;
• keep the Vehicle free from any liens, claims, charges, and encumbrances of any nature whatsoever;
• keep the Host fully informed of all material matters relating to the Vehicle and/or the Host’s right, title, or interest in the Vehicle;
• deliver the Vehicle at the end of the Rental Period or on earlier termination at such address as the Host requires;
• not do or permit to be done anything which could invalidate the Vehicle Insurance;
• ensure the safekeeping and presence of the Vehicle Documentation in the Vehicle at all times. If any documents are lost or stolen, the User shall bear the cost of obtaining duplicates and/or the inconvenience fee as per the Fee Policy; and
• use the Vehicle in compliance with all environmental laws, including proper disposal of waste and avoidance of activities causing environmental harm.
12.2. Any liability arising out of the User’s failure to conform with the above obligations shall be solely to the cost and account of the User.
13. OBLIGATIONS OF THE HOST
13.1. The Host represents, warrants, and covenants that:
• the Host is the sole legal and registered owner of the Vehicle (or is duly authorised by the registered owner to list and share the Vehicle on the Platform);
• the Host has the full legal right, capacity, power, and authority to enter into and execute this Agreement;
• the Vehicle is roadworthy, clean, hygienic, and maintained in compliance with all Applicable Laws, safety standards, and the Vehicle Condition Guidelines, including valid registration, insurance, PUC certificate, fitness certificate (where applicable), and all requisite permits;
• there are no pending insurance claims, litigations, legal claims, encumbrances, or any other claims that may arise in tort or law affecting the Vehicle at the time of Booking;
• the Vehicle Insurance is valid and permits usage consistent with car-sharing or self-drive rental arrangements;
• the Host shall ensure timely and smooth delivery/handover of the Vehicle to the User, including condition verification, documentation, and onboarding;
• the Host shall not interfere with the User’s lawful possession and use of the Vehicle during the Rental Period, except in cases of emergency, legal requirement, or safety concerns;
• the Vehicle complies with the maintenance, safety, and operational standards prescribed by YoursCarr, including the standards set out in any applicable annexure on the Platform;
• the Vehicle is equipped with basic safety features as required under Applicable Laws; and
• all Vehicle Documentation is genuine, valid, and shall remain in force for the entire duration of the Rental Period.
13.2. The Host shall be solely responsible and liable for: (a) any incorrect, incomplete, or misleading information provided in relation to the Vehicle; (b) any breakdown, defect, or safety issue arising due to improper maintenance or failure to disclose known defects; (c) any failure to comply with Applicable Laws including absence or lapse of Vehicle permits, invalid insurance, or incorrect registration classification; and (d) any losses not covered due to inadequate, invalid, or non-compliant insurance policies.
14. REPRESENTATIONS AND WARRANTIES
14.1. Each Party represents and warrants to the other Party that:
(a) it is free to enter into this Agreement;
(b) it has all the requisite power to execute and deliver this Agreement and to perform its obligations hereunder, and the person or persons executing this Agreement on its behalf has been duly authorised to do so;
(c) this Agreement is legally binding upon it, enforceable in accordance with its terms and conditions, and does not conflict with any agreement, instrument, or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any Applicable Law or regulation;
(d) it shall perform its obligations under the Agreement in compliance with all Applicable Laws;
(e) there are no proceedings, pending or threatened, which to the best of the Party’s knowledge and belief, are likely to have an adverse material impact on this Agreement or the ability of such Party to perform its obligations; and
(f) it has not withheld any information required for the effective performance of obligations under this Agreement, and that the information provided to the other Party is complete, true, and accurate to the best of its knowledge and belief.
14.2. The Host additionally represents and warrants that:
(a) the Host is the sole legal and registered owner of the Vehicle, or possesses valid written authorisation from the registered owner;
(b) there is no action, investigation, or proceedings by any governmental authority or third party which would restrain or prohibit the sharing of the Vehicle;
(c) there are no pending insurance claims, on-going litigations, or claims in tort or law at the time of listing the Vehicle; and
(d) the Vehicle meets all safety, emission, and roadworthiness standards prescribed under Applicable Laws.
14.3. The User additionally represents and warrants that:
(a) the User is above the legal driving age requirement and holds a valid driving licence for the use and operation of the Vehicle in accordance with Applicable Laws;
(b) the User meets any additional eligibility criteria as may be prescribed by YoursCarr or the Host, including minimum driving experience, clean driving record, and absence of major traffic violations;
(c) the User does not have any criminal record or history of substance-related offences that may affect safe use of the Vehicle; and
(d) there is no action, investigation, or proceedings by any governmental authority or third party against the User which would restrain or prohibit the transaction contemplated herein.
14.4. Except as expressly provided in this Agreement, the Host makes no warranty or representation, express or implied, as to the fitness, safeness, design, merchantability, condition, quality, capacity, or workmanship of the Vehicle.
14.5. Each Party acknowledges that the other Party has entered into this Agreement in reliance on the representations and warranties set out in this Clause 14.
15. RETURN OF THE VEHICLE
15.1. Upon expiry of the Rental Period, or earlier termination of this Agreement (except termination on account of theft or total destruction/loss of the Vehicle), the User shall, at its own cost and expense, and without any delay, return the Vehicle along with the Vehicle Documentation, Vehicle key(s), key fob, In-Vehicle Devices, and all accessories at the Designated Location, in substantially the same condition as at the time of delivery, fair wear and tear excepted, as per the Vehicle Condition Guidelines set out in Schedule 1.
15.2. At the time of return, the Parties shall jointly prepare a Vehicle Condition Report documenting the condition of the Vehicle upon return, including photographic and/or video evidence.
15.3. In the event the User:
(a) returns the Vehicle at a location other than the Designated Location, the User shall reimburse the Host for all costs incurred in transporting the Vehicle to the Designated Location and shall also bear any logistical or retrieval costs;
(b) does not return the Vehicle within the Rental Period, the Host (directly or through its authorised agent) shall be entitled to take necessary steps to repossess the Vehicle after giving reasonable notice to the User, and the User hereby irrevocably authorises the Host and its authorised agent to take physical possession of the Vehicle. The User shall be liable for late return penalties as per the Fee Policy until the date the Vehicle is returned or repossessed, plus all costs and expenses incurred by the Host for repossession;
(c) returns the Vehicle with damage beyond normal wear and tear as per the Vehicle Condition Guidelines, the User shall be liable for repair/restoration costs and any applicable damage penalty as per the Fee Policy;
(d) returns the Vehicle with any keys, key fob, In-Vehicle Devices, accessories, components (including original equipment), or Vehicle Documentation missing, the User shall be charged an inconvenience fee and/or replacement cost as per the Fee Policy;
(e) returns the Vehicle in a condition requiring excessive cleaning or restoration (excessive dirt, stains, smoking residue, spillage, pet hair, or any condition beyond normal wear and tear), cleaning and restoration charges shall apply as per the Fee Policy; and
(f) the actual usage of the Vehicle exceeds the Agreed Time, excess time charges as per the Fee Policy shall be payable by the User.
15.4. The User authorises YoursCarr to deduct any outstanding amounts, penalties, or charges from the Security Deposit and/or the User’s saved payment method on the Platform.
15.5. If required by any relevant regional transport authorities or statutory transport offices, the User agrees to sign such required documents on return of the Vehicle at the end of the Rental Period. In turn, the Host confirms that the User shall not be responsible for any claims or damages incurred after the Vehicle is returned to the Host.
15.6. On the expiry or earlier termination of this Agreement and return of the Vehicle (except where the Vehicle is stolen or completely destroyed), provided the User has paid all the Booking Charges and all other amounts payable and has fully performed all other provisions of this Agreement, the Security Deposit (or balance thereof after deductions) shall be refunded to the User within the timelines specified on the Platform.
16. TERMINATION
16.1. User Cancellation: The User may cancel the Booking at any time through the Platform, subject to cancellation charges as per the Fee Policy. Cancellation charges shall depend on the timing of cancellation prior to the scheduled pick-up.
16.2. Host Termination Rights: The Host shall be entitled to terminate this Agreement immediately with written notice to the User at any time during the Rental Period in the following cases:
(a) the User refuses or is unable/unwilling to accept delivery of the Vehicle;
(b) Prohibited Use of the Vehicle by the User or any third party during the Rental Period;
(c) the User ceasing to hold a valid driving licence, or the User’s driving licence being revoked, detained, impounded, or suspended by concerned authorities;
(d) failure by the User to abide by the material terms of this Agreement or observe the covenants or fulfil material obligations hereunder;
(e) the User is placed in mandatory liquidation or has a receiver or other administrator appointed in respect of his/her assets;
(f) the User is entering into or proposing to enter into any arrangement for the benefit of creditors;
(g) accident or damage resulting in partial or total destruction of the Vehicle, at the Host’s sole discretion depending on the condition of the Vehicle; or
(h) theft where the Vehicle is recovered before or after settlement of the insurance claim, at the Host’s sole discretion.
16.3. User Termination Rights: The User shall be entitled to terminate this Agreement in the following cases:
(a) the Host refuses or is unable/unwilling to deliver the Vehicle in accordance with Clause 5; or
(b) the Host materially breaches its representations, warranties, or obligations under this Agreement.
16.4. No-Show: In case of no-show (failure to pick up the Vehicle at the scheduled time without prior cancellation), the Booking may be treated as forfeited, and applicable charges may be levied without refund.
16.5. Consequences of Termination: Upon termination or expiry of this Agreement:
(a) the User shall return the Vehicle in accordance with Clause 15 and pay all outstanding Booking Charges, penalties, and other amounts payable under this Agreement;
(b) upon return of the Vehicle, the Host shall instruct the Platform to refund to the User the advance Booking Charges for the unexpired period, subject to adjustment against outstanding dues. In case of termination by the User for the Host’s failure to deliver, the advance Booking Charges shall be promptly refunded in full;
(c) termination shall not relieve either Party of any obligation or liability accrued prior to the date of return of the Vehicle; and
(d) the Parties shall be entitled to pursue any additional or alternative remedies provided by law or equity.
16.6. Survival: The provisions of this Agreement which, by their nature or terms, require performance after the termination or expiration of this Agreement (including Clauses 7, 8, 10, 17, 18, 19, 20, 21, 22, 23, and 25), shall survive such termination or expiration.
17. CONFIDENTIALITY
17.1. Either Party, including its Affiliates, may disclose Confidential Information under this Agreement and shall, in doing so, be referred to as the “Discloser” or “Disclosing Party”. The other Party, including its Affiliates, when receiving Confidential Information shall be referred to as the “Recipient” or “Receiving Party”.
17.2. The Receiving Party shall, and shall procure that its employees, agents, and subcontractors shall:
(a) keep the Confidential Information strictly confidential;
(b) not disclose the Confidential Information to any person, except as provided in this Clause, unless it first obtains the written consent of the Disclosing Party; and
(c) not use the Confidential Information for any purpose not permitted under this Agreement.
17.3. The Receiving Party shall permit access to Confidential Information by its employees, consultants, professional advisers, and subcontractors on a need-to-know basis only, and shall ensure that such persons maintain the confidentiality of such information to the same extent as provided under this Agreement.
17.4. The obligations under Clauses 17.2 and 17.3 shall not apply to any Confidential Information which:
(a) was lawfully known by the Receiving Party at the time of disclosure without any obligation of confidentiality;
(b) becomes, through no fault of the Receiving Party, publicly known or available;
(c) is independently developed by the Receiving Party without use or reference to such Confidential Information; or
(d) is rightfully disclosed to the Receiving Party by a third party without restriction.
17.5. The Receiving Party may disclose Confidential Information where required by law or order of any court or regulatory body of competent jurisdiction, provided that the Receiving Party shall notify the Disclosing Party prior to making such disclosure (to the extent permitted by Applicable Laws), in order to provide the Disclosing Party an opportunity to seek appropriate protective relief.
17.6. Upon request by the Disclosing Party, the Receiving Party shall return and/or destroy all documents or media containing Confidential Information, provided that the Receiving Party may retain copies to the extent necessary to meet statutory requirements, legal proceedings, and automatic computer archiving.
17.7. The Receiving Party shall be responsible for each disclosure of Confidential Information made in contravention of the above terms, howsoever caused.
17.8. Confidentiality obligations under this Agreement shall survive the termination or expiry of this Agreement for a period of 2 (two) years thereafter, or as mutually agreed in writing.
18. DATA PRIVACY AND PROTECTION
18.1. The Parties acknowledge that in connection with this Agreement and the use of the Platform, personal data and sensitive personal information (including driving licence details, identity proofs, contact information, GPS/location data during the Rental Period, payment-related information, and booking/transaction history) may be collected, processed, stored, and shared between the Parties and with YoursCarr.
18.2. Each Party shall comply with all Applicable Laws relating to data protection and privacy, including but not limited to the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended from time to time.
18.3. Each Party shall process and use personal data only for purposes directly connected with the performance of obligations under this Agreement and as permitted under Applicable Laws.
18.4. The User acknowledges and consents to the collection, use, and processing of location/GPS data by the Host and/or YoursCarr for purposes of Vehicle tracking, safety, insurance, and operational management during the Rental Period.
18.5. Neither Party shall disclose the other Party’s personal data to any third party except: (a) to the extent necessary for the performance of this Agreement; (b) with the prior written consent of the data subject; or (c) as required by Applicable Laws or order of a competent court or authority.
18.6. The collection, use, storage, processing, and disclosure of personal information of Users and Hosts shall additionally be governed by the YoursCarr Privacy Policy, which forms an integral part of the Platform terms. In the event of any conflict between this Agreement and the Privacy Policy with respect to data handling, the Privacy Policy shall prevail.
18.7. Each Party shall implement and maintain reasonable technical and organisational security measures to protect personal data against unauthorised access, loss, misuse, or disclosure.
19. FORCE MAJEURE
19.1. Neither Party shall be held liable to the other for failure or delay in fulfilling any obligation under this Agreement if such failure or delay is caused by or results from a Force Majeure Event.
19.2. “Force Majeure Event” shall include any act, event, happening, non-happening, omission, or accident beyond the reasonable control of the affected Party and includes, without limitation, fire, earthquake, flood, epidemic, pandemic, quarantine restrictions, lockdowns, strike, lock-out, riot, civil disturbance, war (whether declared or not), terrorist attack, acts of God, natural calamities, adverse weather conditions, failure or delay of any transportation agency, breakdown of machinery or equipment, failure of telecommunications or internet services, any change in law, regulations or policies of the government, or other acts which are beyond the reasonable control of the affected Party.
19.3. The affected Party shall provide prompt written notice of any delay or failure occasioned by a Force Majeure Event, specifying the nature and expected duration thereof. The Parties shall mutually seek resolution.
19.4. If the Force Majeure Event continues for a period exceeding 30 (thirty) days, either Party may terminate this Agreement by written notice to the other Party, without liability for such termination (save for obligations accrued prior to the date of termination).
20. INDEMNITY
20.1. User’s Indemnity: The User shall indemnify, defend, and hold harmless the Host, its Affiliates, officers, employees, agents, and the Authorised Service Provider against all costs, charges, expenses, losses, damages, liabilities, claims, demands, actions, suits, and proceedings suffered or incurred by the Host, directly or indirectly, on account of any wilful default, misconduct, negligence, fraud, violation of Applicable Laws, or any breach of the terms of this Agreement by the User.
20.2. The User’s obligation to indemnify under this Clause 20 shall extend to third-party claims arising out of the User’s use of the Vehicle, including but not limited to claims for personal injury, death, property damage, traffic violations, regulatory non-compliance, or claims by government authorities, regulators, insurance companies, or other Users, Hosts, passengers, pedestrians, or third parties.
20.3. Host’s Indemnity: The Host shall indemnify, defend, and hold harmless the User against all costs, charges, expenses, losses, damages, liabilities, claims, demands, actions, suits, and proceedings suffered or incurred by the User, directly or indirectly, on account of:
(a) any defect in the Vehicle existing at the time of delivery and not disclosed to the User;
(b) any invalidity or lapse in the Vehicle Insurance;
(c) any misrepresentation by the Host regarding ownership, condition, legality, or compliance of the Vehicle; or
(d) any regulatory non-compliance attributable to the Host, including absence or lapse of permits, invalid insurance, or incorrect registration classification.
20.4. The indemnifying Party shall not settle any claim that imposes any liability or obligation on the indemnified Party without the prior written consent of the indemnified Party.
20.5. The indemnification obligations under this Clause 20 shall survive the termination or expiry of this Agreement.
21. LIMITATION OF LIABILITY
21.1. Neither Party shall be liable to the other for any lost profits or business opportunities, loss of use, loss of revenue, loss of goodwill, business interruption, loss of data, or any other indirect, special, incidental, punitive, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise.
21.2. Notwithstanding anything in this Agreement, the limitations of liability under Clause 21.1 shall not apply to:
(a) a Party’s gross negligence, wilful misconduct, fraud, or misrepresentation;
(b) damages arising from death or bodily injury caused by a Party’s negligence or wilful misconduct;
(c) the User’s indemnification obligations under Clause 20;
(d) breach of confidentiality obligations under Clause 17; or
(e) any other losses that cannot be excluded or limited by Applicable Laws.
21.3. The aggregate liability of the Host under this Agreement shall in no event exceed the total Booking Charges received from the User for the Rental Period from which the cause of action arises.
21.4. The Parties acknowledge that YoursCarr’s role is limited to facilitating the interaction between Hosts and Users. The total aggregate liability of YoursCarr (if any) arising out of or in connection with this Agreement shall not exceed the lower of: (i) the total Platform fees or commission actually received by YoursCarr from the relevant transaction giving rise to the claim; or (ii) INR 10,000 (Indian Rupees Ten Thousand only).
21.5. The limitations and exclusions of liability set forth in this Clause 21 shall apply to the fullest extent permitted under Applicable Laws and shall survive the termination or expiry of this Agreement.
22. COMPLIANCE WITH LAWS
22.1. Each Party shall comply with all Applicable Laws in connection with the performance of its obligations under this Agreement.
22.2. The Host shall be solely responsible for complying with all Applicable Laws relating to the ownership, registration, insurance, fitness, permits, and listing of the Vehicle, including without limitation the Motor Vehicles Act, 1988, the Rent-a-Cab Scheme, 1989, applicable state transport regulations, road tax requirements, emission norms, and any directives or notifications issued by the relevant transport authorities from time to time.
22.3. The User shall be solely responsible for complying with all Applicable Laws relating to the use, operation, and driving of the Vehicle, including traffic laws, speed limits, seat belt and child restraint requirements, and all rules and regulations governing the conduct of drivers on public roads.
22.4. Neither Party shall engage in, or permit to be engaged in, any activity in connection with this Agreement that would constitute a violation of any anti-corruption, anti-bribery, or anti-money laundering laws applicable in India.
23. PENALTIES, CHARGES AND FINANCIAL LIABILITY
23.1. The User agrees to pay all applicable penalties, charges, and financial liabilities arising out of the Booking and use of the Vehicle, including but not limited to:
(a) Late Return Charges: Applicable where the Vehicle is returned beyond the agreed Rental Period. Charges may be calculated on an hourly/daily basis or at penal rates as determined by the Fee Policy and/or the Host.
(b) Wrong Location Return Charges: Applicable where the Vehicle is returned at a location other than the Designated Location without prior approval. The User shall also bear any logistical or retrieval costs.
(c) Cancellation, Modification and No-Show Charges: Cancellation and modification charges shall apply based on the timing and nature of the change. In case of no-show or failed pickup, the booking fee and applicable charges may be forfeited in full.
(d) Extension and Excess Usage Charges: Extension requests are subject to availability and approval. Unauthorised extensions shall attract penal charges. Additional charges apply for exceeding the Agreed Time or usage thresholds.
(e) Fuel and Operational Discrepancies: Charges shall apply where the Vehicle is returned with lower fuel levels than at pickup. Any operational imbalance (fuel, battery, etc.) shall be chargeable on an actual or predefined basis.
(f) FASTag, Toll and Statutory Charges: All FASTag deductions, toll charges, parking fees, and statutory levies incurred during the Rental Period shall be borne solely by the User and may be recovered post-trip.
(g) Traffic Violations and Legal Penalties: The User shall be solely responsible for all traffic violations, challans, penalties, and legal liabilities incurred during the Rental Period, including speeding, parking violations, signal jumping, and any other offence under Applicable Laws.
(h) Damage, Repair and Loss Charges: The User shall be liable for any damage to the Vehicle (interior or exterior), repair and restoration costs, depreciation or loss of use (if applicable), and damage due to negligence, misuse, or prohibited use.
(i) Loss of Vehicle / Theft / Total Loss: In case of theft, total loss, or irreparable damage, the User may be liable for the full replacement value, insurance deductibles, and any uninsured losses, subject to the terms of applicable insurance.
(j) Loss of Items and Accessories: The User shall bear replacement costs for any lost or damaged items, including keys, documents, FASTag devices, accessories, or equipment provided with the Vehicle.
(k) Cleaning and Restoration Charges: Charges shall apply for excessive dirt, stains, smoking residue, spillage, pet hair, or any condition requiring deep cleaning or restoration beyond normal wear and tear.
(l) Administrative and Processing Charges: YoursCarr and/or the Host reserves the right to levy reasonable administrative or processing fees for handling violations, damages, insurance coordination, or dispute resolution.
(m) Recovery and Enforcement Costs: The User agrees to bear all costs incurred in enforcing recovery of dues, including legal fees, arbitration costs, and third-party collection expenses.
23.2. All penalties imposed under this Clause may be deducted by the Host and/or YoursCarr from the Security Deposit and/or any other amounts payable to the User. Where the Security Deposit is insufficient, the User shall remit the balance amount within 7 (seven) days of receipt of a demand notice.
23.3. The Host and/or YoursCarr may, at sole discretion, waive any penalties if sufficient evidence is provided that the default was due to a Force Majeure Event or other extenuating circumstances. Such waiver shall be in writing and shall not be deemed a waiver of rights with respect to future defaults.
24. INTELLECTUAL PROPERTY
24.1. All rights, title, and interest in and to the Platform, including but not limited to its software, technology, algorithms, user interface, design, layout, databases, trademarks, logos, brand elements, content, and underlying infrastructure (collectively, the “Platform IP”), are and shall remain the exclusive property of YoursCarr and/or its licensors.
24.2. Nothing contained in this Agreement shall be construed as granting any ownership rights in the Platform IP to either the Host or the User. The Host and User are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform solely for its intended purpose of facilitating vehicle sharing.
24.3. Neither the Host nor the User shall, directly or indirectly: (a) copy, reproduce, distribute, or create derivative works from any part of the Platform; (b) reverse engineer, decompile, or attempt to derive the source code of the Platform; (c) use automated tools to extract data from the Platform; or (d) remove or alter any proprietary notices, trademarks, or branding displayed on the Platform.
24.4. All trademarks, service marks, logos, and trade names displayed on the Platform are the property of YoursCarr or their respective owners. No licence or right is granted to use any such marks without prior written consent. Unauthorised use may result in legal action.
25. DISPUTE RESOLUTION AND ARBITRATION
25.1. Amicable Resolution: The Parties agree that any dispute, difference, claim, controversy, or disagreement arising out of or in relation to this Agreement (“Dispute”) shall first be attempted to be resolved amicably through mutual negotiations within 15 (fifteen) days from the date written notice of the Dispute is given by one Party to the other.
25.2. Arbitration: In the event the Parties fail to resolve the Dispute within the aforesaid period, the Dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force.
25.3. The arbitration shall be conducted by a sole arbitrator to be mutually agreed upon by both Parties. If the Parties fail to agree on the appointment of the arbitrator within 15 (fifteen) days of the referral to arbitration, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
25.4. The seat and venue of arbitration shall be Delhi, India. The language of arbitration shall be English. The arbitral award shall be final and binding on the Parties.
25.5. The cost of arbitration shall be initially borne by the Parties equally, and shall ultimately be borne by the Party against whom the arbitrator decides. The said Party shall also reimburse the initial cost of arbitration borne by the Party in whose favour the arbitrator decides.
25.6. Interim Relief: Nothing in this Clause shall prevent either Party from seeking interim or injunctive relief from a court of competent jurisdiction, including for protection of intellectual property, confidential information, or enforcement of rights under this Agreement.
26. GOVERNING LAW AND JURISDICTION
26.1. This Agreement shall be governed by and construed in accordance with the laws of India.
26.2. Any Dispute that is outside the scope of arbitration shall be submitted to the exclusive jurisdiction of the courts at Delhi, India.
26.3. In case of any change in Applicable Laws that has an effect on the terms of this Agreement, the Parties agree that the Agreement may be reviewed, and if deemed necessary by the Parties, renegotiated in good faith.
27. MISCELLANEOUS
27.1. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed to the extent of its invalidity and the remaining provisions shall continue in full force and effect. The Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent as closely as possible with respect to those provisions held to be invalid.
27.2. Waiver: Failure or delay by either Party in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any further exercise of any right, power, or privilege hereunder. Any waiver shall be valid only if made in writing.
27.3. Assignment: Neither Party shall assign, transfer, or delegate its rights or obligations under this Agreement to any third party without the prior written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
27.4. Entire Agreement: This Agreement, together with the Schedules hereto and the terms and conditions of the Platform (including the Fee Policy, Privacy Policy, and the Platform’s Terms and Conditions), constitutes the entire agreement between the Parties in relation to its subject matter and supersedes and extinguishes all prior drafts, agreements, undertakings, representations, warranties, and arrangements of any nature whatsoever, whether or not in writing, relating thereto.
27.5. Amendments: Any alteration, amendment, or modification to this Agreement shall be made in writing and duly signed by authorised representatives of both Parties in order to become binding.
27.6. Notices: All notices, requests, demands, or other communications pursuant to this Agreement shall be in writing and sent by speed post, courier, or email to the addresses of concerned Parties as provided/submitted on the Platfrom.
27.7. Relationship of the Parties: The Parties are independent contractors. Nothing in this Agreement shall create any agency, partnership, joint venture, or employer-employee relationship between the Parties or between either Party and YoursCarr. Neither Party has the right, power, or authority to sign any agreement, bind, or act on behalf of the other, unless expressly established otherwise herein.
27.8. Third Party Rights: Save for YoursCarr’s rights to facilitate payments, adjustments, and enforce Platform policies as contemplated herein, no person who is not a Party to this Agreement shall have any rights under it.
27.9. Non-Solicitation: During the Rental Period and for a period of 6 (six) months thereafter, neither Party shall directly solicit the other to enter into any car-sharing or vehicle rental arrangement outside the Platform, with the intent of circumventing the Platform’s facilitation role.
27.10. Announcements and Publicity: Neither Party shall make any public disclosures or announcements regarding this Agreement or its subject matter without the prior written consent of the other Party.
27.11. Counterparts: This Agreement may be executed in counterparts, each of which when executed shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. Electronic signatures shall be deemed valid and binding.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the date first written above:

HOST:

Signature: __________________
Name: ______________________
Date: _______________________
Place: ______________________ USER:

Signature: __________________
Name: ______________________
Date: _______________________
Place: ______________________
 
SCHEDULE 1: VEHICLE CONDITION GUIDELINES
The following guidelines shall be used for assessing the condition of the Vehicle at the time of delivery and return. Any damage, defect, or discrepancy beyond normal wear and tear shall be recorded in the Vehicle Condition Report and shall be the liability of the responsible Party.
1. Engine and Powertrain
• Engine, including all sub-components
• Cooling system and lubrication system
• Electrical and electronic management systems
• Transmission, including clutch and torque converter
• All fluids and lubricants at prescribed levels
• No check engine or warning lights
• No pending manufacturer recalls
2. Brakes
• Service brakes - minimum 3mm pad thickness (25% life or more)
• Parking brake functional
3. Exhaust System
• Undamaged exhaust system components/muffler
• No visible blue or black smoke (excessive emissions)
4. Steering and Suspension
• Steering system functioning properly without excessive play
• Suspension components, springs, and shock absorbers in good condition
• No abnormal vehicle tilt or height imbalance
5. Tyres and Wheels
• Minimum 4/32” tread depth (50% or higher)
• Tyres not older than six (6) years
• No cuts, gouges, bulges, or bubbles in the sidewall
• Wheels properly aligned and secured
• Spare tyre and jack present
6. Visibility and Lighting
• Headlights, rear lights, hazard lights, directionals, stop/reverse lights, and licence plate lights working
• Windshield – no cracks; no chips in line of sight
• Windshield wipers and washer in working order
• All windows – no cracks; tint to legal specifications
• Rearview mirrors and side mirrors intact and properly adjustable
7. Safety Equipment
• Seat belts functional for all seats
• No airbag warning lights or safety restraint system (SRS) warnings
• No occupant classification system (OCS) warnings
• Horn functional and securely fastened
• First-aid kit available
8. Body and Interior
• No hanging body panels
• No damage to floor pan, cowl panel, or structural pillars
• Interior clean, free from excessive stains, odour, or damage
• All door locks and window mechanisms functional
• Doors, locks, and seals functioning properly
9. Documentation
• Valid Registration Certificate (RC)
• Valid motor insurance (permitting self-drive / car-sharing use)
• Valid Pollution Under Control (PUC) certificate
• Valid fitness certificate (where applicable)
• Required commercial/self-drive rental permits (where applicable)
10. Cleanliness and Hygiene
• Vehicle must be clean, odour-free, and hygienic at the time of handover
• Interior and exterior maintained to a reasonable standard expected for shared mobility use

Note: The above guidelines are indicative. Both Parties are strongly encouraged to take photographs and video recordings of the Vehicle at the time of delivery and return as evidence of the Vehicle’s condition. The Vehicle Condition Report shall constitute the primary evidentiary record for dispute resolution purposes.
 
SCHEDULE 2: VEHICLE CONDITION REPORT TEMPLATE
A. Vehicle Details
Vehicle Make & Model
Registration Number
Colour
Odometer Reading
Fuel Level (%)
Date & Time
Location
Booking Reference

B. Condition Assessment
Component Condition / Remarks
Exterior Body (scratches, dents, paint)
Windshield & Windows
Tyres & Wheels
Lights & Indicators
Mirrors
Interior Condition (seats, dashboard, floor)
Engine & Mechanical
Safety Equipment (seat belts, airbag lights)
In-Vehicle Devices
Cleanliness & Hygiene
Vehicle Documentation (RC, Insurance, PUC)
Keys / Key Fob / Accessories

C. Pre-existing Damage (if any)
(Please describe any pre-existing damage, scratches, dents, or defects noted at the time of delivery)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

D. Photographic / Video Evidence
Photographs / videos taken: ☐ Yes ☐ No
Number of photographs: ____________ Number of videos: ____________

E. Acknowledgment
HOST

Signature: ________________
Name: ____________________
Date: _____________________ USER

Signature: ________________
Name: ____________________
Date: _____________________

This Vehicle Condition Report is to be completed jointly by the Host and the User at the time of delivery and again at the time of return. It shall serve as the primary evidentiary record for determining the condition of the Vehicle and resolving any disputes.