FELLACARZ Usage - Terms And Conditions
This document sets out the terms and conditions for renting vehicles from M/s Fellacarz Private Limited, a company incorporated under the Companies Act, 2013, (hereinafter referred to as "FELLACARZ" which expression shall unless repugnant to the context or meaning include its heirs and successor).
Definitions and Interpretations
Definitions Unless the context otherwise requires, the following
capitalized words as used in these Terms shall have the meaning as respectively
assigned to such terms hereunder: “Applicable Laws” shall mean and include, all
applicable statutes, enactments, acts of legislature or the Parliament, laws,
ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions,
directives and orders of any Governmental Authority (as defined below),
tribunal, board, court or a recognised stock exchange of India; “Governmental
Authority” means any governmental or statutory authority, government
department, agency, commission, board, tribunal, court or other entity,
authority or body authorized to exercise legislative, judicial, regulatory or
administrative functions of, or pertaining to, a government or any state or
other subdivision thereof or any municipality, district or other subdivision
thereof having jurisdiction pursuant to Applicable Laws; “User” shall mean any
person who has formally enrolled to use FELLACARZ’s vehicles and/or services,
pursuant to the completion of usage formalities and acceptance of the terms and
conditions as set out herein. “Non-Reserving User” shall have the meaning as
specified in Clause 6.3; “Reserving User” shall have the meaning as specified
in Clause 6.3; “FELLACARZ Vehicle” shall mean a vehicle provided by FELLACARZ
for rental to its Users on the terms and conditions as set out herein. “Scheme”
shall mean the FELLACARZ car-club scheme as floated by FELLACARZ pursuant to
which the FELLACARZ Vehicles are provided to Users for self drive purpose.
“Terms” shall mean these terms and conditions as may be updated, altered,
modified, novated, substituted or replaced from time to time; “Website” shall
have the meaning as set out in Recital 1 above.
Interpretations In these Terms (including its Recitals, Clauses and Schedules), except where the context requires otherwise, these Terms will be interpreted as follows:
Upon accepting the terms and conditions as set out hereinafter, the User agrees and acknowledges that:
FELLACARZ has established a website having the registered domain
address as www.fellacarz.com (“Website”) where the terms and conditions of use
of vehicles provided by FELLACARZ have been displayed. It is the responsibility
of the user to ask representatives of fellacarz.com and obtain a soft copy of
the agreement if they are unable to view or access the terms & conditions
as set out in website/ Mobile applications.
The provision of vehicles to the User is subject to the acceptance by the User of all the terms and conditions as set out herein. In the event that the User does not accept any term and/or condition as provided herein or as may be amended, the User will not be authorized to use any vehicles or services provided by FELLACARZ. For the avoidance of doubt it is clarified that use of any vehicles or services provided by FELLACARZ would signify an acceptance by the User of all the terms and conditions including as set out herein including any terms and conditions as may be amended, substituted or novated from time to time.
Enrollment as User
By accepting these Terms and Conditions, the User has agreed to
enroll as a User under the Scheme to avail the facility for rental of FELLACARZ
The User further acknowledges and understands that he/she shall not at any time challenge any of the provisions of these Terms or the contents of the Website on the premise that the terms and conditions have not been read by the User or that the User is not aware of the enrollment formalities or that the User has not understood any provision of these Terms or the procedures, formalities, benefits rights and/or obligations as contained on the Website.
There is no difference between User & Customer. User is a person who registered with fellacarz.com and customer is a person who hired the vehicle.
Persons eligible to enroll as Users
Any person desirous of enrolling as a User with the FELLACARZ will need to satisfy the following eligibility criteria prior to enrollment:
For the purpose of enrollment, the User shall be required to
provide the necessary particulars, as indicated by FELLACARZ’s representatives.
The User shall be required to provide the following documents to FELLACARZ’s representatives:
FELLACARZ reserves the right to refuse acceptance of any person as a User without assigning any reason thereto. It is clarified that in the event that any person is rejected as a User, he/ she shall not be permitted to use or rent any FELLACARZ Vehicle.
Booking of FELLACARZ Vehicles
The Users may choose from the vehicles which are available on the Website for the purpose of booking a FELLACARZ Vehicle. At the time of booking, the Users will be required to:
In case a User wishes to cancel a reservation or shorten the period for which a vehicle has been reserved, he must do so in advance, as outlined in the Fee Policy
If a User wishes to extend a reservation, such User is required to communicate request for extension to FELLACARZ prior to the timeline outlined in the Fee Policy. FELLACARZ shall have the sole discretion to allow such extension or refuse the same. A request for extension will only be permitted where:
Scope of services provided by FELLACARZ
Upon payment of the fees in advance, FELLACARZ is responsible to provide the following services to the User:
Persons permitted to use/rent FELLACARZ Vehicles
The FELLACARZ Vehicles shall be provided on rental basis only to eligible Users. Notwithstanding anything stated herein, FELLACARZ shall have the sole discretion to refuse to provide any FELLACARZ Vehicle to any Users.
Users shall ensure that the FELLACARZ Vehicles shall not be driven by, or provided for use to, any person whose eligibility has not been deemed as valid by FELLACARZ.
Any User to whom a FELLACARZ Vehicle is provided by FELLACARZ on rental basis (“Reserving User”) may allow another User to drive such FELLACARZ Vehicle (“Non-Reserving User”) subject to the following conditions:
Prohibited Use of FELLACARZ Vehicles
Users shall not be permitted to use the FELLACARZ Vehicles under the following conditions and/or for the purposes mentioned hereunder. These examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a FELLACARZ Vehicle, as determined by FELLACARZ in its sole discretion, may be deemed a violation of these Terms and Conditions:
Obligations of the User
By accepting the Terms as set out herein, the User hereby authorizes FELLACARZ to obtain the User's driving records from the jurisdiction in which the User is licensed.
User shall be responsible for providing and maintaining their account information with FELLACARZ including details such as their current email, mobile number, address, and such other information as may be necessary for the purposes of this agreement.
Users shall be responsible for keeping any FELLACARZ-related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties,. Should a PIN or password be reduced to written or electronic form, the User will be responsible for any associated costs and/or damages in connection with unauthorized use by third-parties. If a User has reason to believe that a third-party may have obtained unauthorized knowledge of a password and/or PIN, User agrees to change the compromised password and/or PIN as per the procedure provided on the Website.
When using a vehicle, every User must follow the owner's manual instructions provided in the vehicle’s glove compartment. If a problem arises that prevents or limits the use of the vehicle or that may compromise people's safety, every User must immediately notify FELLACARZ and follow the instructions provided by FELLACARZ.
Vehicle Pick-Up and Return
Stolen vehicles Information about stolen vehicles or stolen parts of the FELLACARZ Vehicle must be immediately reported by the User to the nearest police station with a detailed written complaint based on actual facts and a copy of the acknowledged complaint should be provided by the User to FELLACARZ. Users shall ensure that such information about lost vehicles shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by FELLACARZ. The User will be liable for any loss due to a discrepant, inconsistent or distorted complaint by the User.
Breakdown or Incidents
FELLACARZ makes reasonable best efforts to provide roadside assistance support in all cases. If, however, a User's need for Roadside Assistance results from a breach of these Terms and Conditions, the User may be charged for the full costs of the service.
The Users will be required to pay the Fees for the duration specified by the Users at the time when such booking is being made, or at the time of physical delivery of the FELLACARZ Vehicle to the User. The Fees shall be such as specified on the Website, for each FELLACARZ Vehicle and may be accessed by the User.
Payments by the User may be made with the use of credit card / debit card or other netbanking facilities. User is under an obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges. The User is solely responsible for any associated bank or credit card charges or fees. The User may be charged a processing fee for a declined credit or debit card payment.
In the event the User defaults on any payments, FELLACARZ is entitled to charge remainder fees and default interest at the rate of 24% per annum. In addition, FELLACARZ may utilize third parties to collect amounts owed to FELLACARZ by a User. FELLACARZ reserves the right to report the delay to credit rating agencies
With all fees mentioned above, FELLACARZ reserves the right to prohibit a User from making a subsequent reservation until all outstanding fees in the User's account have been paid in full. In the event a fee is incurred, Users will receive an email invoice from FELLACARZ that will have detailed payment instructions.
Subject to User's compliance with the Terms and Conditions of this agreement, FELLACARZ shall provide primary liability protection, which is to the extent of claims and/or liabilities covered by FELLACARZ’s vehicle insurance, on FELLACARZ vehicles for claims and/or liabilities arising out of the use or operation of the vehicle by the User.
For any associated deductible charges that are attributable to the User, and for losses that exceed the User's coverage provided by FELLACARZ, User shall be responsible. Liability protection excludes any claim made by the User himself, or the user's immediate family members, or by the passengers in the FELLACARZ vehicle at the time of the incident.
FELLACARZ is not responsible for any damage to, loss or theft of, any personal property belonging to User or third-parties, regardless of fault or negligence
Under no circumstances will FELLACARZ be liable to any 3rd party for indirect, incidental or consequential damages arising from the use of FELLACARZ Vehicles and services, including this agreement. FELLACARZ shall not be liable to the User for any indirect, incidental or consequential damages arising from the use of FELLACARZ Vehicles and services, including this agreement
Every User who shall fail to comply with the terms of this agreement shall be responsible for all applicable damages and costs arising from the User's failure.
Every User shall be liable for all costs, including fines for late payment and any processing fees added by the issuing municipality in case of any traffic violations including but not limited to parking, speeding, breaking red light, photo enforcement, and toll violations User shall forthwith pay the relevant fine/s to the authority concerned and provide FELLACARZ with the proof of such payment.
Revocation of License
Should any User's driver’s license expire or be revoked, authorization to drive FELLACARZ vehicles shall expire immediately. FELLACARZ shall be notified of such revocation by the User by e-mail forthwith upon such revocation.
FELLACARZ may immediately suspend or terminate the use of its service by any User who does not meet FELLACARZ’s driving eligibility requirements or for any unreasonable or inappropriate use of a FELLACARZ vehicle, as determined by FELLACARZ in its sole discretion or for violation of any of provisions mentioned in this agreement.
FELLACARZ reserves the right, at its sole discretion, to suspend or terminate the use of its service by any User for inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds or smells, or performance changes.
FELLACARZ reserves all the right to cancel any booking and recall the vehicle at any point in time. Likewise. FELLACARZ reserves sole discretion in serving any individuals & organisations.
FELLACARZ reserves the right, at its sole discretion, to suspend or terminate the use of its service by any User and shall charge a damage fee, a cleaning fee, or other applicable fees, if FELLACARZ is not notified of a problem at the start of reservation
User Indemnification and holds FELLACARZ, its Parent and affiliates and their respective Directors, Officers, Employees, Shareholders, Agents, Attorneys, Assigns and Successors-in-interest harmless for all losses, liabilities, damages, injuries, claims, demands, costs, Attorney fees and other expenses incurred by FELLACARZ arising from a breach of the Terms as specified herein:
Every User who violates the law or any of the provisions of this agreements or the rules setup by FELLACARZ and could face legal action and shall be responsible for all damages, liability, and fines as mentioned in the Fee Policy
FELLACARZ captures, stores, processes and uses the Customer’s personal data, including, but not limited to, the usage and vehicle data as they relate to the Customer, to the extent this is necessary for the administration and implementation of this Agreement and the Customer’s use of the FELLACARZ vehicle.
Should third-party services be used, FELLACARZ is entitled to forward to the third-party service provider the Customer’s personal data, to the extent this is required in order to fulfill customership or use requirements.
FELLACARZ is entitled to provide Customer’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Customers.
FELLACARZ shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
FELLACARZ shall be entitled to disclose information of the User to FELLACARZ’s parent company and to all companies controlled by FELLACARZ or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by FELLACARZ, in its absolute discretion.
In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between a User and FELLACARZ or their respective representatives or assigns under, out of, in connection with, or in relation to, these Terms (or the subject matter of these Terms) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms, (hereinafter referred to as a “Dispute”), the same shall be referred to binding arbitration at the request of the User or FELLACARZ, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise a sole arbitrator to be appointed by FELLACARZ whose decision in relation to any such Dispute shall be final and binding on the Parties hereto.
The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be in New Delhi.
The costs of arbitration shall be fixed by the arbitral tribunal and the tribunal in the final award shall specify
No party or person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute save as required in order to enforce this Clause and / or any arbitral award made pursuant to these Terms.
These Terms shall be governed by and interpreted and construed
in accordance with the substantive laws of India, without regard to the
conflict of laws provisions thereof. The courts in Jaipur, Rajasthan shall have
exclusive jurisdiction on all matters pertaining to this Agreement.
User must not aid or encourage the filing of any third-party claim or lawsuit against FELLACARZ, and User must cooperate fully with FELLACARZ and FELLACARZ’s insurer in the investigation and defense of any claim or lawsuit.
User must immediately notify and deliver to FELLACARZ every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the FELLACARZ vehicle.
If any term, provision, covenant or condition of this Agreement
is held invalid or unenforceable for any reason, the remainder of the
provisions will continue in full force and effect as if these Terms had been
executed with the invalid portion eliminated. The parties shall substitute for
the invalid provision a valid provision that most closely approximates the
intent and economic effect of the invalid provision.
Customer represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these Terms, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
Waiver Failure to exercise and delay in the exercise of any right, power or privilege hereunder by the Company shall not operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or, remedies otherwise provided by Applicable Law.
Assignment or Transfer The rights granted to the User under these Terms are not assignable or transferable, in whole or part. Any attempt to transfer any rights without the written consent of FELLACARZ shall be void and shall have no force and effect. FELLACARZ shall have the sole authority to assign this Agreement to an affiliate or to another entity in connection with any other corporate transaction.
FELLACARZ shall also use Web beacon or other technologies, often in conjunction with cookies, to enhance its Service on a number of pages of FELLACARZ’s website. A non-identifiable notice of a visitor’s visit to a page on FELLACARZ’s site is generated and recorded, and which may be processed by FELLACARZ or by FELLACARZ’s suppliers. To disable some of these features, Users may disable cookies in the web browser’s settings. Web beacon and other technologies will still detect visits to these pages, but the notices they generate are disregarded and cannot be associated with other non-identifiable cookie information.
Links to third party websites: FELLACARZ’s website may contain links to third-party websites, products, and services. Information collected by third parties may include things as location data or contact details, as governed by the privacy practices. FELLACARZ encourages its Users to learn about the privacy practices of those third parties.
Information Security: FELLACARZ take precautions – including administrative, technical, and physical measures – to safeguard its Users personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access but does not guarantee the complete security of such personal Information.
When a User uses FELLACARZ’s services or post on the Site, some of the Personal Information the User share shall be visible to other users and can be read, collected, or used by them. The User shall be held responsible for such Personal Information the User chooses to submit in these instances. The Users shall be further responsible for maintaining the confidentiality of its account and password and every User shall agree to accept the responsibility for all activities that occur under his/her account or password.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION
TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED
PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY
THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A
COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
YOUR USE OF THIS SITE, OR YOUR PROVISION TO USE OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.
Though we make every effort to preserve the user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on our Site, or as required by law. We may also need to disclose the personal information to a third party for the purpose of delivery of the services to the users.
The Site may collect a user's name, postal address, telephone number, mobile number, e- mail address. Besides the above, Members intending to create an account may be asked to submit personal information including driving license, proof of identity etc. besides information pertaining to the Member’s credit card/debit card or bank account details. The Site may also be required to collect the PAN card details and any such detail which is relevant to carry out the transaction. This information is requested if the user is entering into a transaction and is further used to deliver the services as has been requested by the user. The data so collected from the user shall also be used to manage the Site, and detect any fraud or site abuses.
Other personal information that we collect includes the following:
Vehicle Use Data: Vehicles will contain hardware that gathers and transmits information about vehicle use. This is done as a security measure against accident or theft and also to provide you with valuable services and information, such as other drivers' data.
Location Tracking: To prevent theft, and to allow us to locate you in case of emergency, accident, lock-out, etc., we track the location of your vehicle. Your location information will be confined to FELLACARZ service, and we will never impermissibly make your location or movements public. As part of our service, the location of your vehicle may be released to insurance companies, the police, or similar parties in the course of an investigation and/or accident claim, and to provide assistance in emergencies. Information regarding the location of each vehicle on FELLACARZ’s site is also transmitted to FELLACARZ and can be tracked by your FELLACARZ-enabled smartphone.
Driver and Vehicle Information: As a customer of FELLACARZ’s Site, you authorize us to access your driver’s record, vehicle history report from all applicable entities and authorities. This authorization continues for as long as you are a FELLACARZ customer. Moreover, you authorize all DMVs, RMVs, auto mechanics and all other entities and interested parties to release information to us regarding your driving record and vehicle history.
You have the right to request that FELLACARZ discontinue use of your personal information. To withdraw your consent to our collection and processing of your information at any time, you may do so by closing your account.
Collection and Use of Non-Personal Information:
We also collect non-personal information – data in a form that does not permit direct association with any specific individual, including IP addresses, usage details and identifying technologies. We may use, transfer, collect and disclose non-personal information for any purpose. If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
Aggregate Information: We may share non-personally identifiable information (such as referring/exit pages, anonymous usage data, and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain FELLACARZ services.
As with many websites, we collect certain information. When you browse, read, or download information from the Site, data is collected by the Site, including but not limited to your IP address, URL request, browser type, and date and time of your request. We collect the IP addresses of visitors, time of access, browser type, and web pages visited. We do not collect any other information without your knowledge and permission.
Information You Provide
Disclosure of Information
Available log records and all data stored on our servers may be accessed by our system administrators. In the event that we are required by law (including a court order) to disclose the information you submit. We prefer to independently object to overly broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.
The data so collected by the Site may be disclosed to other companies in our group including our agents and subcontractors who help us to deliver the goods to you, collect payments from you, analyse the data and provide us with the marketing or customer service assistance. The data may also be shared for the purpose of the fraud protection, credit risk reduction, for conducting cases. In the event the business or a part of it is sold to any other entity or the business under goes a merger/amalgamation/ demerger, the relevant data may be transferred to such other new entity.
Besides the above, We reserve the right to transfer any personal information we have about you in the event that we sell or transfer all or a portion of our business or assets.
We partner with outside companies to provide you with additional services related to FELLACARZ, such as ride-sharing or parking benefits. When you purchase, register, or otherwise express interest in a product or service offered by a third party through FELLACARZ or sponsored on our site, you consent to our sharing your personal information with those parties. Participation in rewards programs, discount offers, contests, or other programs that involve third parties, authorizes FELLACARZ to share your personal information with those parties. A third party’s use of your information is bound by contracts and agreements between FELLACARZ and the third party. We only share information reasonably needed to provide additional services, and such shared information may be bound by other privacy agreements. By sharing this information, you agree that FELLACARZ is not liable or responsible for the actions or inactions of third parties.
The Site’s primary goal in collecting personal information is to provide you, the member, with a potentially fulfilling experience. The information collected by the Site is protected by the use of appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. However, it is brought to your notice that when you use our services or post on the Site, some of the Personal Information you share is visible to other users and can be read, collected, or used by them. You are responsible for such Personal Information you choose to submit in these instances. For example, if you list your name and email address on the site, that information is public. Please take care when using these features. Further, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
It is however expressly clarified that we will not be responsible for any third party access to information provided by you on the Site by any third party arising as a result of any unauthorized access or use.
Like most standard web site servers we use log files. This includes IP (internet protocol) addresses, browser type, ISP (internet service provider), referring / exit pages, platform type, date / time stamp and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. The same may be used to track the behavior of the customers or identify the area of interest of the customer, which might further be useful for advertisement, promotions etc.
Posting or updating content is a public action undertaken by Member who are subject to the FELLACARZ Membership – Terms and Conditions as set out on the Site. For the avoidance of doubt, identification of all contributed content may include, but is not limited to, display of your name. All content may be retained for restorative, archival, or research purposes by the Site. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the Site.
When you are on the Site and are asked for personal information by the Site, you are sharing that information with the Site only. However, material on the Site may link to independently run websites outside the domain of the Site. The Site is not responsible for the privacy practices or content of such websites. We encourage you to read the privacy policies of any websites you visit from this website as users and other members may be able to access certain information that you provide to them (e.g. your e-mail address and content that you post on the blog). The Site is not in a position to monitor or control any particular user's or community member's use of that content.
THE SITE IS NOT ENGAGED IN THE OCCUPATION OF STORING, PROCURING OR USAGE OF THE INFORMATION (USER NAMES, PASSWORDS OR EMAILS) THAT YOU MAY ACCESS BY THE USE OF YOUR SOCIAL NETWORKING ACCOUNT FOR THE PURPOSES OF LIKE, TWEETING, +1 BUTTON, OR MENTIONS AND SUBSEQUENTLY CAN’T BE HELD LIABLE FOR THE SAME.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
made more than 24hrs before booking start: ₹ 500
Reschedule before start #
Modifications made more than 24hrs before booking start: ₹ 200
Extension post start #
Extension request will be taken till 6hrs before the booking end time only if the requested car is available to book else no request will be attain.
Between 6hrs to booking end time if Extension request will not be taken and a late fee per hour will be applicable (Refer late fee section)
Shortening post start
No charges or refunds applicable
Shortening/Rescheduling within 24hrs of booking start or booking end.
Customers will not be able to change booking start time or shorten the booking end time. No refunds will be applicable. Although Customers can anytime extend the booking.
Late return would be charged at ₹300/hour in addition to the hourly fee for use of the vehicle.
Pricing plan change
Pricing plan (free km per hour) cannot be changed post booking creation. Pricing will be charged on an half hour basis.
The free kilometres allotted to the customer will be proportional to the number of hours booked and the flexi package chosen.
The minimum booking duration for which the prices will be charged is 6 hours.
No Fuel is
included in pricing with bookings.
· # Handover pursuant to the original booking, extensions and modifications are subject to availability of the vehicle.
· Your free KMs are calculated based on the latest scheduled pick up time to the latest scheduled drop off time or to the actual drop off time whichever is later.
· All Refunds made shall be through the original payment account only within 7-10 working days.
· FELLACARZ reserves the right to charge a fee for specific pre-defined accessories.
Also, a list of penalties that can be levied if members violate certain FELLACARZ community rules.
Returning the vehicle to the wrong location
₹15000+ Full hourly fee for use of the vehicle + Full late fee until the vehicle is returned to the correct location
Traffic and Parking violations
Full payment of fines
stand cancelled if after 6 hours of booking start time the customer still
doesn’t show up.
Overspeeding >= 110 km/hr
and above any government fines that may have been levied)
Overspeeding >= 150 km/hr
Account will be blocked
₹500 + applicable damage costs related to interiors
will be liable for the full cost of damage to the vehicle + miscellaneous
expenses arising out of the damages.
Key not returned at end of reservation
₹10000 + replacement cost, if not returned within 2 days
Loss of documents
* User have to pay the cost to reisuue the documents + ₹ 5000
Vehicle Damage (Accidental)
Any unintentional/accidental damage will be liable for the damage charges of ₹ 14999/.
Vehicle Damage (Intentional or Consequential)
In case of any
intentional damage or damage caused to the vehicle as consequence of the
member driving the car, even after the car is damaged and need urgent repair
(Examples include but are not limited to:
Towing and Impounding
No cost if
caused by vehicle failure
Cleaning required (interiors)
Washing of removables (for footmats etc) would be charged at ₹300. Interior Washing / Drycleaning (for seat covers, door panels) would be charged at ₹600.
Note: Payments owed by members will be deducted from the security deposit. If the security deposit does not cover such payments, the balance must be paid by the member electronically.
*Please note there are four cases where there will be exceptions:
· In the event the member is found to be under the influence of alcohol during a booking, the member will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.
· The member will be liable for 100% of the entire vehicle damage bill in the event that the vehicle workshop and/or insurance company deem the damage to be consequential in nature (this will be clearly stated in the accident report). Consequential damage occurs when the member continues driving even after an external vehicle impact, thereby severely undermining the condition of the vehicle.
· In the event a non-FELLACARZ member is found to be the one driving at the time of accident, then the member will be held liable for 100% of the vehicle damage bill as per the invoice received from the workshop.
INSURANCE CLAIMING TERMS AND CONDITION
· In the event of damages, your liability to a maximum of ₹14999. User has to bear upto ₹ 14999 if the amount crosses ₹14999 then User has the choice to avail Insurance Claim by paying ₹10000 as Downtime losses done to the vehicle.and claiming Insurance under the damage done. As the said user know the car is for commercial use and the vehicle require a week to go on through the repair process, User will bear ₹10000 to accommodate the rent loss during the time period if user wish to avail Insurance Claim. This is independent of the naure and terms of the insurance cover that FELLACARZ has on the cars.
Please note that the maximum liability policy is intended to benefit and protect the responsible user. In situations of irresponsible or unsafe or negligent usage, there could be discretionary exception to this policy, whereby the user could be liable for all damages irrespective of whether or not FELLACARZ is able to claim insurance in such cases. Examples of such situation include, but are not limited to:
· Insurance Claim if only valid if it meets our Terms and Conditions
· Insurance doesnot includes Tyre, Clutch, Gear box, Engine seize.
In case where the estimated damage charges exceed the security deposit, we will request the user to pay the same at the time of returning the car. In cases of non-payment, FELLACARZ reserves the right of legal action, reporting to credit bureau and reporting to other authorities or persons, irrespective of their direct relevance to the case.
In cases of collision or User failure, towing and impounding charges will be paid by the User.
of vehicle failure, towing and impounding charges will be paid by us.
In case of any questions or concerns about the Policy or data processing, Users shall contact at: