Service Usage - Terms and Conditions

This document sets out the terms and conditions for Fleet Management Services Rentz Luxury (hereinafter referred to as ” Rentz Luxury ” 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 statreplaceutes, 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 Rentz Luxury ’s fleet management services (‘FMS’), 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. “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:

  1. words denoting the singular include the plural and vice versa and words denoting a particular gender include all other genders;

  2. the headings are inserted for convenience only, and shall not affect the construction or interpretation of any provision of these Terms;

  3. references to Recitals, Clauses, Sub-Clauses thereof and Schedules, unless a contrary intention appears, are to the recitals, clauses, sub-clauses and schedules to these Terms, respectively;

  4. a reference to consent or approval or similar connotation, unless expressly stated otherwise, shall be in writing, and references to writing include any mode of reproducing words in a legible and non-transitory form;

  5. a reference to any document (including these Terms) is to that document as amended, consolidated, supplemented, novated or replaced from time to time;

  6. a reference to a statute or statutory provision includes, to the extent applicable, at any relevant time:>

  7. that statute or statutory provision as from time to time consolidated, modified, re-enacted or replaced by any other statute or statutory provision; and

  8. any subordinate legislation or regulation / rules made under the relevant statute or statutory provision;

 

  1. where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings;

  2. the rule of construction, if any, that a contract should be interpreted against the party responsible for the drafting and preparation thereof, shall not apply;

  3. the expressions “hereof”, “herein” and similar expressions shall be construed as references to these Terms as a whole and not limited to the particular section or provision in which the relevant expression appears;

  4. the words “include” and “including” will be read without limitation;

  5. references to rupees Rs. are lawful currency of India;

  6. schedules form an integral part these terms shall construed have same force effect as if expressly set out in body terms.

Upon accepting the terms and conditions as set out hereinafter, the User agrees and acknowledges that:

Rentz Luxury has established a website having the registered domain address as www.Rentz Luxury .co.in (“Website”) where the terms and conditions of FMS provided by Rentz Luxury have been displayed. It is the responsibility of the user to ask representatives of Rentz Luxury .co.in 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 User has read and understood the terms and conditions as set out herein and agrees to abide and be bound by such terms and conditions including fee schedule and privacy policy and confidentiality terms. Rentz Luxury reserves the right to change the terms of this Agreement from time to time with the provision of notice to the User which shall be considered given when these terms and conditions are updated on the Website, iOS / Android apps. The User agrees that the amended terms and conditions of this Agreement shall be effective and binding on the date when such change is posted on the Website.

The provision of FMS 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 services provided by Rentz Luxury . For the avoidance of doubt it is clarified that use of services provided by Rentz Luxury 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 FMS.

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 Rentz Luxury .co.in and customer is a person who hired the vehicle.

Enrollment Formalities

For the purpose of enrollment, the User shall be required to provide the necessary particulars, as indicated by Rentz Luxury ’s representatives.

The User shall be required to provide the following documents to Rentz Luxury ’s representatives:

  1. Credit / Debit card details, if this happens to be the preferred mode if payment

  2. Details of vehicles such as vehicle registration number for which the fleet management services are required. Further, the said details shall not be required in case the same is already available with Rentz Luxury ;

  3. Any other documents as may be notified by Rentz Luxury from time to time.

Rentz Luxury 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 Rentz Luxury ’s FMS..

Availing of Rentz Luxury ’s FMS

The Users may choose from the services which are available on the Website for the purpose of availing FMS. At the time of booking, the Users will be required to:

  1. Select the services as per their requirements;

  2. Provide the start and end date i.e. the period for which such services are required;

  3. Provide the details of vehicle for which such services are required, in case the same is not available in Rentz Luxury ’s records;

  4. Pay the Fees for the services through any of the payment systems that Rentz Luxury is using at that point of time.

If a User wishes to extend the duration of FMS, such User is required to communicate request for extension to Rentz Luxury prior to the timeline outlined in the Fee Policy. Rentz Luxury shall have the sole discretion to allow such extension or refuse the same. A request for extension will only be permitted where:

  1. the feasibility to provide FMS during the extended period; and

  2. Upon payment of Fees in advance for such extended period

Scope of services provided by Rentz Luxury

Upon payment of the fees in advance, Rentz Luxury is responsible to provide the following services to the User:

  1. Provide pick and drop facility to the User, in case required

  2. Ensure the vehicle subject to FMS services is in good condition and is well maintained, as per the prescribed maintenance schedule of the automotive OEMs

  3. In the unfortunate event when there is a breakdown of the vehicle for which FMS is availed from Rentz Luxury , while being used by the User, and it is clearly established that the breakdown was due to a mechanical / electrical failure of the vehicle and not due to any consequential or driving behaviour related damage caused by the User, Rentz Luxury will try and provide the best resolution possible to the User. Vehicle maintenance and cleaning services.

Roadside Assistance

Rentz Luxury 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.

Payments Policy

The Users will be required to pay the service Fees at the time when selection of services on Rentz Luxury ’s web platform is being made. 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, Rentz Luxury is entitled to charge remainder fees and default interest at the rate of 24% per annum. In addition, Rentz Luxury may utilize third parties to collect amounts owed to Rentz Luxury by a User. Rentz Luxury reserves the right to report the delay to credit rating agencies

With all fees mentioned above, Rentz Luxury reserves the right to prohibit a User from making a subsequent purchase of FMS 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 Rentz Luxury that will have detailed payment instructions.

Subject to User’s compliance and acceptance of the Terms and Conditions of this agreement, Rentz Luxury shall provide primary liability protection under FMS, which is to the extent of claims and/or liabilities covered by vehicle insurance, in case the same are rented from Rentz Luxury 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 Rentz Luxury , 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 Rentz Luxury vehicle at the time of the incident.

Rentz Luxury 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 Rentz Luxury be liable to any 3rd party for indirect, incidental or consequential damages arising from the use of vehicles for which FMS has been taken by User,. Rentz Luxury shall not be liable to the User for any indirect, incidental or consequential damages arising from the use of vehicles unless specifically mentioned in 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 Rentz Luxury with the proof of such payment.

Indemnification

User Indemnification and holds Rentz Luxury , 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 Rentz Luxury arising from a breach of the Terms as specified herein:

Penalty

Every User who violates the law or any of the provisions of this agreements or the rules setup by Rentz Luxury and could face legal action and shall be responsible for all damages, liability, and fines as mentioned in the Fee Policy

Data Protection

Rentz Luxury 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 Rentz Luxury ’s FMS.

Should third-party services be used, Rentz Luxury 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.

Rentz Luxury 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.

Rentz Luxury shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.

Rentz Luxury shall be entitled to disclose information of the Userto Rentz Luxury ’s parent company and to all companies controlled by Rentz Luxury 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 Rentz Luxury , in its absolute discretion.

Please refer to the Privacy Policy as contained on the Website which shall be applicable to information and/or data provided by the Users.

Dispute Resolution

In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between a User and Rentz Luxury 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 Rentz Luxury , 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 Rentz Luxury 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

  1. the party entitled to costs;

  2. the party who shall pay the costs;

  3. the amount of such costs; and

  4. the manner in which the costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’ shall mean the fees and expenses of the arbitrator, legal fees and expenses, any administrative fees and any other expense incurred in connection with the arbitral proceedings and the arbitral award.

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.

Governing Law

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 New Delhi 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 Rentz Luxury , and User must cooperate fully with Rentz Luxury and Rentz Luxury ’s insurer in the investigation and defense of any claim or lawsuit.

User must immediately notify and deliver to Rentz Luxury 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 Rentz Luxury vehicle.

Severability

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 Rentz Luxury shall be void and shall have no force and effect. Rentz Luxury shall have the sole authority to assign this Agreement to an affiliate or to another entity in connection with any other corporate transaction.

Cookies

Rentz Luxury use various technologies, including “cookies”, to collect non-identifiable information. To enhance Rentz Luxury ’s Services, Rentz Luxury shall use cookies, sent by Rentz Luxury or its third party vendors, or other technologies. Users may control the effect of cookies through his/her browser settings, however some features of Rentz Luxury ’s Service may not work properly if the use of cookies is disabled.

Rentz Luxury shall also use Web beacon or other technologies, often in conjunction with cookies, to enhance its Service on a number of pages of Rentz Luxury ’s website. A non-identifiable notice of a visitor’s visit to a page on Rentz Luxury ’s site is generated and recorded, and which may be processed by Rentz Luxury or by Rentz Luxury ’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: Rentz Luxury ’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. Rentz Luxury encourages its Users to learn about the privacy practices of those third parties.

Information Security: Rentz Luxury 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 Rentz Luxury ’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.

Contact Information

In case of any questions or concerns about the Policy or data processing, Users shall contact at:

  • Address: 3rd Floor Dashmesh Plaza Sector 20B, Faridabad, Haryana

  • Phone number: +91 8708952057

  • Email: rentzluxury@gmail.com