Agreement Between Dealers and Guests
This Agreement ("Agreement") is entered into between the Host (Dealer) and the Guest (User) utilizing the platform provided by NEXTRIDE INDIA PRIVATE LIMITED ("Platform Provider").
The Guest and Host acknowledge that NEXTRIDE INDIA PRIVATE LIMITED solely acts as a technology platform provider and is not responsible for any disputes, liabilities, or obligations arising from transactions between the Host and the Guest.
1. Definitions
- Host (Dealer): The registered vehicle provider listing and renting vehicles on the NEXTRIDE platform.
- Guest (User): The individual or entity booking and using a vehicle through the NEXTRIDE platform.
- Vehicle: Any automobile listed and rented through the platform.
- Platform Provider: NEXTRIDE INDIA PRIVATE LIMITED, which facilitates the listing and booking of vehicles without assuming any ownership or liability.
- Booking Confirmation: The electronic confirmation generated by the NEXTRIDE platform upon successful booking by the Guest.
2. Scope of Agreement
- This Agreement governs the terms of vehicle usage, responsibilities, and obligations of both parties.
- The Guest agrees to comply with all applicable traffic laws.
- NEXTRIDE INDIA PRIVATE LIMITED is not a party to the transaction and bears no liability for disputes.
3. Responsibilities and Liabilities
3.1 Reimbursement Obligations
The Guest shall reimburse any expenses incurred by the Host on their behalf within 48 hours of receiving written notice and proof of payment.
3.2 Theft and Accident Liability
- The Guest is responsible for taking all safety precautions against damage, accidents, or theft.
- Financial liability for theft or damage lies solely with the Guest unless covered under insurance.
3.3 Guest’s Obligations in Case of Theft, Accident, or Damage
- Notify the Host and Platform Provider in writing within 24 hours.
- Assist in filing a police report (FIR) and provide a copy to the Host.
- Follow the Host’s instructions regarding repairs and claims.
4. Insurance and Compensation
- If the vehicle is stolen or irreparably damaged, the Guest must continue lease payments until the insurance claim is settled.
- If an insurance claim is denied, the Guest is fully liable for all damages.
5. Traffic Violations and Vehicle Confiscation
5.1 Traffic Violations
- The Guest is responsible for paying all fines, toll charges, and penalties incurred during the lease.
- If the Guest fails to pay, the Host may pay the fines and seek reimbursement.
5.2 Vehicle Confiscation
- The Guest must notify the Host immediately if the Vehicle is confiscated.
- The Guest shall bear all costs associated with reclaiming the Vehicle.
6. Termination of Agreement
- The Host may terminate this Agreement if the Guest fails to comply with obligations.
- The Guest may terminate the Agreement only after settling all outstanding dues and returning the Vehicle.
7. Representations and Warranties
7.1 Host Representations
- The Host guarantees that the Vehicle is in roadworthy condition at the time of rental.
7.2 Guest Representations
- The Guest must hold a valid driving license and meet the legal age requirement.
- The Guest shall use the Vehicle only for lawful purposes.
8. Confidentiality
- Both parties agree to protect and not disclose confidential information except when required by law.
- This obligation shall survive the termination of this Agreement.
9. Disclaimer of Liability (NEXTRIDE INDIA PVT LTD)
- NEXTRIDE INDIA PRIVATE LIMITED solely operates as a technology platform provider.
- The Platform Provider is not liable for disputes, damages, or liabilities arising between the Guest and Host.
10. General Provisions
- This Agreement is binding upon both parties from the time of booking confirmation.
- Disputes shall be resolved through arbitration or mediation as per applicable laws.
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in [Specify City].
Acknowledgement
By proceeding with the booking, both the Host and Guest acknowledge that they have read, understood, and agreed to abide by this Agreement.