Caferides, a partnership firm in India having its registered office at No.34/381, Padivattom, Edapally PO, Kochi-682024, (hereinafter referred to as "Caferides" which expression shall, unless repugnant to the context or meaning thereof deemed to include their executors, administrators, legal representatives and assigns) of the First Part
AND
The Hirer/Rider (the signatory to this agreement) (whosoever take on hire the select models of bike(s) from the list of wide varieties of bikes owned and operated by the Caferides).
Caferides and Hirer are collectively referred to as "Parties" and individually as "Party". These terms and conditions govern all the regulations, rights, terms and conditions between the Parties.
The term Hirer means the signatory to this agreement and, unless repugnant to the context or meaning thereof deemed to include Riders of the vehicle as authorized by you, your executors, administrators, legal representatives and assigns
Whereas
Caferides is in the business of providing motor vehicles and two-wheelers on hire,
AND Whereas
The Hirer is eager to avail the services and take on hire a motorbike,
And Whereas
Caferides has agreed to provide vehicle on hire to the rider,

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERE TO AS FOLLOWS:

The Vehicle

Caferides shall provide the vehicle more particularly specified in Schedule 1 (the Vehicle) to the hirer to hire under this Agreement in the manner and on the terms & conditions contained herein.

COMMITMENT OF CAFERIDES

Caferides warrants and represents to the hirer that:

• It has full power and authority to enter into this Agreement and perform the Services and it has the necessary infrastructure to duly provide the Services under this Agreement;
• It shall be responsible for the road or vehicle taxes if any, and shall indemnify and hold harmless the hirer for any liability in this connection;
• • It has all the necessary registration certificates and other necessary legal documents of the vehicle provided to the hirer.
• It shall ensure compliance with all applicable laws and regulations in the performance of the Services under this Agreement;

COMMITMENT OF THE HIRER

The Hirer warrants and represents to Caferides that:

• The Rider has a valid driving license to ride the type of vehicle hired
• • The Rider has no medical condition warranting a situation wherein he/she is not permitted to ride the kind of vehicle hired
• The Rider is above 21 years of age

TERMS & CONDITIONS

This Agreement shall commence on the date mentioned in the application/booking form, and shall continue for a period of as many days as mentioned in the said form, and shall stand terminated automatically at the end of this period.

The hirer shall pay the charges for the vehicle he intends to hire, as per the rates in the schedule.

The hirer shall produce a copy of the driving license and a valid identity card issued by the Government of India like passport, Adhar card, Election identity card etc. PAN card is not accepted as identity proof. In case of foreign nationals, the copy of passport and visa shall be furnished along with the copy of international driving license recognized by the Government of India. The copies shall be accompanied by the originals which will be used to compare and the originals will be returned to the hirer.

Hirer shall deposit Rs5000/- (Rupees five thousand only) to Caferides while availing the vehicle. Caferides may insist on further security based on the price of the vehicle hired.

Motorcycle bookings are subjected to availability. CAFERIDES reserves the right to cancel any booking if deemed necessary.

The Vehicle shall be used fully complying with the Motor Vehicle laws, rules, notifications, and other general laws.

The rental paid by the hirer entitles him/her 10.5kms of rider for every hour booked. Every KM above the limit of 10.5 kms attracts an extra charge which will be displayed on the website at the time of booking.

The fuel for the motorcycle shall be borne by the hirer.

Rider should follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act. Hirer is aware of the all the rules mentioned in the Motor Vehicle Act and refrain from doing the following specifically but not limited to:

• Ride with more than one person as pillion which is prohibited. (Pillion passenger is not allowed for Harley Davidson Iron 883 Model)
• Use / ride the vehicle under the influence of alcohol/drugs.
• Ride while using electronic gadgets like radio/ music, video, camera, phone by the rider or the pillion.
• Using vehicles to carry unlawful/ hazardous or prohibited material.
• Using any fuel other than how it is prescribed for the select model

The Rider shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. The rider shall be responsible for any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the rider alone shall be responsible to pay all the fines/penalties. The hirer indemnified Caferides for any legal action initiated on such violations and shall compensate Caferides for any loss so sustained.

Caferides will not be responsible for any damages to be paid in case of any accident occurring due to the rash and negligent act of the rider, and in the event of the insurance company refusing to compensate its liability, it will be the sole responsibility of the hirer to compensate the victim.

For Motorcycle below 500C, Caferides may also impose a fine of Rs. 500/- (Rupees Five Hundred only) per breach of speed beyond 80 kmph. For Motorcycle above 500C, Caferides shall also impose a fine of Rs. 500/- (Rupees Five Hundred only) per breach of speed beyond 100 kmph. Caferides shall also have the right to blacklist the rider at its discretion.

The Vehicle should not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law for the time being in force.

The Vehicle shall be returned at the time date mentioned in the Booking form without any damage.

If there is any damage to vehicle, Caferides can charge the amount equal to cost of the bike/cost of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if any to Caferides. In the event of an accident the hirer shall pay Rs.25000/- (Rupees twenty five thousand only). The hirer shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such accident. The hirer shall pay the amount that is not approved by the Insurance Company.

The Vehicle shall be used only in the area selected in the Booking form if the Hirer/ Rider is using the vehicle beyond the areas then the same shall be intimated in advance by writing.

All accidents, damages to vehicle, summons or notices issued by police or by court in relation to acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such incident to info@caferides.com. The Hirer shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to Caferides immediately. Any misstatement or concealment is an offence. Caferides will not be able to protect the hirer if the hirer doesn't follow the above instructions.

If any authority has penalized or fined, the driver or the vehicle owner in relation to Rider's usage of the Vehicle or while in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to Caferides.

The Hirer can verify the condition of the motorcycle before hiring and is satisfied with the condition of the Vehicle. The Hirer shall not hold Caferides or any other person associated, responsible for any loss of life or property due to the condition of the Vehicle.

Hirer/ Rider should not use the vehicle for any type or speed contests or competitions or racing and adventurous activities. Hirer shall not use the Vehicle for Any or all type of stunts causing danger to rider itself or to the pillion or fellow travelers/public

Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited. Caferides may penalize the hirer if it is found that the hirer has caused excessive wear and tear to the vehicle.

Attaching any external fixtures or fittings to the Vehicle is not allowed. The hirer/rider must not do any repairs, replacement of any item of the Vehicle.

Hirer will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and third party have to be paid by the Hirer.

If the accident or damage to the vehicle has caused due to violation of any rules or riding requirements mentioned herein, then the Hirer has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.

Caferides is not responsible for any damage to, loss or theft of, any personal property belonging to Hirer during the hire period.

The rate mentioned in our website is the rent for bikes only, if it is hired for riding purpose. Cost will vary if the vehicle is hired for different purposes such as events like marriages, inauguration etc.

In case of minor damages to helmet which is provided by caferides, the customer is liable to pay Rs.500/- (Rupees five hundred only) for helmet and for major damages, customer is liable to pay the full amount of helmet.

The Hirer shall pick up the motorcycle from the location that is specified in his booking order and has to return the motorcycle in the same working condition as before at the same location in time.

The Hirer must inspect the motorcycle before riding them for any physical or noticeable mechanical defects or flaw found on/in the motorcycle. The Hirer has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the motorcycle during the ride should be intimated to Caferides while returning the vehicle.

The Rider is duty bound to inform Caferides, if he/she notice any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc.

If motorcycle is stolen during your trip, then you have to immediately inform the local authorities as well as Caferides without any delay. An FIR shall be filed with the local Police Station. Caferides shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the formalities.

The rider shall inform Caferides well in advance whenever he/she is intending to go to other states than what is permitted as per schedule. The rider has to ensure that s/he takes the necessary approval at the check post and pay the permit fee before he enters the other state. Caferides will not be responsible for any damage to life and property if the necessary permits are not taken while entering another state. Caferides's Insurance will also not be valid if the necessary permits are not taken by the rider while crossing the border.

The hirer is hiring the vehicle with complete knowledge that it is susceptible for mechanical failure of breakdown.

Hirer is fully responsible to repair or rectify the fault during the contract period so that you can get on with your ride as soon as possible.

A mandatory bike servicing has to be done by the hirer for every 2000 Kms of journey. Invoices are to be shared to verify proper service of the bike. In case of failure to do so, the rider is liable to pay a fine calculated by the vendor.

BOOKING CANCELLATION & TRIP EXTENSION

The hirer should return the vehicle to Caferides at the time and day agreed as per the booking form. If the hirer returns the bike beyond the time specified in the booking form he shall be charged three day's rental as penalty. If the hirer intends to extend the trip beyond the period booked for, s/he can inform caferides by email and telephone, and Caferides, subject to the vehicle not booked for other rides, permit the same. If the proposed extension is not intimated in advance to Caferides, the hirer shall be liable to pay penalty as provided above

In the event of cancellation of booking the following schedule shall be followed for refund:

Less than one week before the scheduled date of Hire -- No refund
One week to two weeks before the scheduled date of Hire -- 50% refund.
More than two weeks before the scheduled date of Hire -- 85% refund.

If Caferides cancel the booking due to break down, non-availability of the bike or any other reason, then we provide 100% refund of the rentals received.

In the event of change of booking date, there will be a fee associated with it as follows:

Less than 3 days before the scheduled date of Hire -- Date cant be changed
One week to 3 Days before the scheduled date of Hire -- 20% of booking amount
Two weeks to One week before the scheduled date of Hire -- 15% of booking amount
More than two weeks before the scheduled date of Hire -- 10% of booking amount

Booking date change is based on the availability of motorcycle.

INDEMNITY

• The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the vehicle by the Hirer shall be his/her own responsibility and if any such claims arise against the owner of the Vehicle, the same shall be defended at the cost of the Hirer, and if any court, magistrate, police, executive, or judicial action imposes any penalty, fine, damages, or compensation in relation to the use of the vehicle by the Hirer or for any other incident that happens while the Vehicle is under the custody of the Hirer, shall be paid or borne by the Hirer. The responsibility of the Hirer for such claims includes claims from third parties, passengers or himself/herself or their respective legal heirs for all activities that are undertaken while the vehicle is in the Hirer's custody.
• The Hirer shall, at its expense, defend, indemnify, and hold Caferides and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against Caferides regarding any actions or inactions alleged or arising out of the use or non-use of the vehicle while under the custody of the Hirer.
• Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in relation to the use of the vehicle by the Hirer any one under him or while the vehicle is in his/her custody.
• The Hirer undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or replacing the Vehicle for such damages, theft, or loss shall be borne by the Hirer.
• The Hirer undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or replacing the Vehicle for such damages, theft, or loss shall be borne by the Hirer which is not covered by the insurance.
• The rights granted to the Hirer under this Agreement are not assignable or transferable, in whole or part. The hirer is allowing another rider to ride the vehicle, then details of the Rider should be intimated to Caferides in advance with copies of his/her driving license.
• Hirer will never be deemed to be Caferides's agent, servant, or employee in any manner for any purpose whatsoever.

VARIATIONS

Except as expressly provided for in this Agreement, no variation or amendment of this Agreement shall be effective unless it is in writing and signed by a duly authorized representative of each Party.

FORCE MAJEURE

Neither Caferides nor the hirer shall be responsible to the other for delays or failures in performance resulting from acts beyond its control, but each shall use its best endeavors to minimize such delays.

Where a Party's ability to meet its obligations under this Agreement is adversely affected by an act beyond its control, it shall immediately notify the other Party of that circumstance, and shall provide its best estimate of the extent and duration of such adverse affect.

TRADEMARKS, SERVICE MARKS AND COPYRIGHT

This Agreement does not constitute a trademark or service mark or copyright license. The hirer acknowledges that: - the trademark and trade name ‘Caferides’, and all trademarks and those derived from it, and the trademarks used in association with Caferides, are the exclusive property of Caferides; and

The hirer is not entitled, either by implication or otherwise, to any title in or use of the Trademarks, except in accordance with the express written permission of Caferides, such permission to be given or withheld at the sole discretion of Caferides. Parties agree not to use the trade name, logo, trademarks and copyrighted material of each other in any communication to a third party without explicit written permission from the other party.

Parties recognize and acknowledge the proprietorship of the trademarks, Copyrights, logo and the valuable reputation of each other and goodwill attached to the said intellectual property. Both parties hereby agree that they are willing to co-operate with each other in preserving such reputation and goodwill and pledges to refrain from doing any act, directly or indirectly which may, in any way impair or infringe the said proprietorship.

Nothing contained herein shall at any time during the continuation of this agreement or after the expiry or earlier determination thereof give or be deemed to give or shall be intended to give or confer upon either party any right, title or interest or claim in or to the said trade mark, copyright and logos, etc belonging to other party and shall continue to vest solely and absolutely in favour of the respective party.

ENTIRE AGREEMENT

This Agreement (i) constitutes the entire agreement between the Parties, and (ii) supersedes all prior and contemporaneous agreements or communications, with respect to its subject matter.

WAIVER

Waiver of any breach of any provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of that provision or any other provision of this Agreement. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.

SEVERANCE

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

INTERPRETATION

Unless the Context otherwise indicates:

• A reference to this Agreement or another document includes any variation or replacement of either of them.
• Headings are inserted for convenience only and do not affect the interpretation of this Agreement.
• If a provision of this Agreement is inconsistent with the provision of another Agreement between the parties made before the date of this Agreement, the provision of this Agreement prevails.
• A reference to this Agreement incorporates a reference to the Schedule to this Agreement.
• References (including defined terms) to the singular include the plural and vice versa and to a person includes body corporate.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of India.

DISPUTE RESOLUTION

In the event that any dispute arises between the Parties in connection with this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the Parties shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within thirty (30) days after the commencement of such negotiations, either of the Parties shall be free to refer such dispute to arbitration under the Arbitration and Conciliation Act, 1996 by one (1) arbitrator mutually appointed by the Parties. The arbitration proceedings shall be conducted in Cochin. Any award made in such arbitration will be final and binding on the Parties.

JURISDICTION

In the event of any dispute arising between the parties in respect to this contract, both parties willfully agree and undertake to submit themselves to the exclusive jurisdiction of the Courts in Cochin.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.

The Hirer read and understood the above terms and Agree to abide by it