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POLICIES
Zoomcar takes pride in being completely transparent with our members. Here is a comprehensive list of fees for certain scenarios after you have created your reservation.
Cancellation
Cancellation made > 48 hrs before booking start - Flat cancellation fee of INR 200 or a % of booking fee, whichever is higher. Such % of booking fee shall be determined solely by Zoomcar basis business impact of such cancellation. Refund of the remaining portion of booking fee after deduction of cancellation fee, will be sent to original source from which such booking fee was received, if possible (i.e. IMPS/UPI as the case may be).

Cancellation made < 48 hrs before booking start - Flat cancellation fee of INR 200 or a % of booking fee, whichever is higher. Such % of booking fee shall be determined solely by Zoomcar basis business impact of such cancellation. Refund of the remaining portion of booking fee after deduction of cancellation fee, will be in the following manner: (i) Zoomcar shall issue redeemable coupon code usable on the Zoomcar platform as per applicable terms and condition, or credits/Z-points (100% redemption) for upto an amount which will be determined by Zoomcar and (ii) the remaining refund amount will be sent to original source from which such booking fee was received, if possible (i.e. IMPS/UPI as the case may be).

Cancellation made after booking starts - No refund of booking fee

Notwithstanding anything, Zoomcar reserves the right to withhold any refunds due to cancellations, if Zoomcar, at its sole discretion, perceives any credit card frauds by a user or where cancellations are made by a user with an intention to defraud Zoomcar.
Reschedule before start #
Modifications made more than 24hrs before booking start: ₹ 200 
Extension post start #
For Doorstep Bookings: Extension within 2 hours of Bookings End time will lead to cancellation of Doorstep Collection. No refunds applicable
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
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.
Free Kilometres
The free kilometres allotted to the customer will be proportional to the number of hours booked and the flexi package chosen.
Minimum Duration
The minimum booking duration for which the prices will be charged is 4 hours.
Discounts
Discount is applicable only on trips of a duration equal or greater than 8 hours at the time of booking. Discount is applicable only on the booking fee after adjustment for credits (excluding refundable deposit, if any) paid in advance to book the car. Discount will not be applicable on blackout days. List of upcoming blackout days / peak seasons is here (Please ensure that you select your city to view corresponding blackout days/peak season). Zoomcar reserves the right to cancel a booking if any unwarranted use of a discount coupon is identified.
Fuel Policy
Free Fuel is only included in pricing for with fuel bookings. Members will only be eligible for reimbursement of fuel expenses upon the submission of a Bill containing the quantity of fuel filled, the date on which the fuel was bought and the cost of the fuel.
In case of No Fuel bookings, the vehicle should be returned by the Member, upon the completion of the booking, with fuel at the same level as at the start of the booking.
If the Vehicle is returned with lesser fuel than the fuel level at the start of the trip then Refuelling penalty will be applicable.
No refund will be applicable if car is returned with excess fuel
Speed Governor
The Vehicle may be enabled with speed governor in compliance with the applicable Government regulations, that limits speed of the Vehicle upto 80 km/h. You will also be notified by SMS on your registered number.
Breakdown of vehicle
1. The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Zoomcar vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the Member or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of Zoomcar vehicles or the insurer of the other vehicle involved in the accident).
2. Where the Member is not responsible for the breakdown of the Zoomcar vehicle, Zoomcar shall refund an amount equal to the cost of the unused hours of such booking. Further, Zoomcar shall not be liable for any further costs borne by the Member as a consequence of the breakdown of the Zoomcar vehicle
Usage of Zoom/Driving Credits
Customers will be able to use Zoom/Driving credits upto 30% of Booking amount (excluding refundable deposit, if any) or upto 10,000 whichever is lesser

Note:
  • # 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 30 working days. We are giving full refunds of any amount paid by you as under:
    • as a security deposit and/or,
    • amount falling under the free cancellation period and/ or,
    • any other valid charges that you are entitled to.
  • In case, you opt for getting the refund amount in the form of Zoomcar Coupons, then the amount you are entitled to receive will be considered as settled irrespective of whether the coupon is utilized or not.
  • Zoomcar 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 Zoomcar community rules.

Returning the vehicle to the wrong location
₹10,000 + 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 + ₹500 per 30 days late in payment
No Show
Bookings would stand cancelled if after 4 hours of booking start time the customer still doesn’t show up.
No refunds would be applicable
Overspeeding >= 125 km/hr
₹2500 (over and above any government fines that may have been levied)
Expulsion from Zoomcar if overspeeding occurs in two bookings
Overspeeding >= 150 km/hr
Expulsion from Zoomcar
Smoking
₹1,000 + applicable damage costs related to interiors
Wrong Fuelling
The member will be liable for the full cost of damage to the vehicle + miscellaneous expenses arising out of the damages.
Recommendation- Zoomcar would recommend that the member consult the RC Documents of the rented vehicle for information as to the correct fuel type.
Key not returned at end of reservation
₹10000 + replacement cost, if not returned within 3 days
Loss of documents
Co-driver
₹ 2000 if co-driver has not been added in the booking before booking start time.
Vehicle Damage (Accidental)
Any unintentional/accidental damage will be liable for the damage charges of ₹ 10,000/. For more details click here. *
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:
a. driving in water loggings resulting into engine breakdown,
b. driving after under body damages resulting into engine break down because of oil drainage,
c. driving while under the influence of alcohol or other intoxicants,
d. driving with clutch over pressing etc.
Member will be liable for the full cost of repair post damage to the vehicle + loss of expected revenue arising out of the damage.
Towing and Impounding
No cost if caused by vehicle failure
Full cost if caused by user negligence
Cleaning required (interiors)
Washing of removables (for footmats etc) would be charged at ₹500. Interior Washing / Drycleaning (for seat covers, door panels) would be charged at ₹1,500.

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-Zoomcar 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.
  • Notwithstanding anything to the contrary contained herein, only SUV vehicles are permitted for trips to regions having higher altitudes including but not limited to Leh or Ladakh districts in Jammu & Kashmir. Damages caused to the vehicles except falling under SUV (Ecosport, Scorpio, XUV, Tata Safari, Toyota Fortuner) category will attract charges viz; damages fees of ₹ 10,000 along with repairs cost, towing cost, travel cost of representatives of Zoomcar and other related charges, if any on actual basis.


Member's Responsibility

If a Zoomcar member is violating the law or Zoomcar rules, for example by overspeeding or driving drunk, the member will be responsible for all damage, liability, and fines and could face legal action.

Responsibility for Payment:
  1. Payments by Members shall be made with his/her credit card or debit card. The Member is under obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges. Member is solely responsible for any associated bank or credit card charges or fees. Member may be charged a processing fee for a declined credit or debit card payment.
  2. In the event the Member defaults on any payments, Zoomcar is entitled to charge reminder fees and default interest in accordance with the provisions of the law. In addition, Zoomcar may utilize third parties to collect amounts owed to Zoomcar by a Member.
  3. With all fees mentioned above, Zoomcar reserves the right to prohibit a Member from making a subsequent reservation until all outstanding fees in the Member's account have been paid in full. In the event a fee is incurred, Members will receive an email invoice from Zoomcar that will have detailed payment instructions.
Collision or other incident:
  1. Zoomcar provides full wrap unlimited third party liability insurance without a maximum cap.
  2. If member is involved in an unintentional/non consequential incident/accident (including but not limited to a collision or misuse of the vehicle) Member will be responsible for a standard insurance deductible payment of up to ₹ 10,000. The Member will be obligated to pay the repair cost up to ₹ 10000. The payment owed will be deducted from the security deposit, if any. Should the security deposit not cover the payment (in the case the Member has accrued late return, excess km, etc charges) the balance of the payment owed shall be payable by the Member separately as an additional outstanding.
  3. Member will be responsible for all towing and impounding charges associated with a collision.
  4. Member will be responsible for all towing and impounding charges caused by member failure.
  5. Zoomcar will be responsible for all towing and impounding charges caused by vehicle failure.
  6. Member will be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the Member's failure to comply with the terms of the Agreement and/or a violation of the law.

Tolls:
  1. Members are responsible for paying all tolls at the time they are due.
  2. Zoomcar vehicles are registered with an All India Permit, allowing the vehicle to enter any state in the country.
  3. Members must pay all inter-state taxes and fees upon entering into a neighbouring state. Zoomcar shall reimburse the State entry fees only in the event when the Member pays for the duration of 3 months or more.

By joining Zoomcar, the Member agrees to pay Zoomcar the costs, charges, fees and expenses set out in the Agreement, including specifically and without limitation those set forth in this schedule. The following is not exhaustive and other specific fees, costs and charges may apply. Other applicable costs will be communicated to the Member. Capitalized terms used in this schedule shall have the same meaning assigned to such terms in the Agreement.

Zoomcar reserves the right to change the terms of this Policy from time to time and shall give notice of such changes to the Member in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on to the Zoomcar website, or by email to the Member's email address provided to Zoomcar in the Member's application or most recently provided to Zoomcar. Member agrees that the amended terms and conditions of this Agreement shall be effective and binding the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on Zoomcar's website.



Customer should be 24 year and older to book Mercedes A Class, Mercedes GLA, Mercedes CLA, Audi Q3, Toyota Fortuner, Ford Endeavour, else booking will be cancelled
Members must be 18 years of age or older
Member must possess a valid Light Motor Vehicle (Non Transport) Indian license and Aadhar card

Members must have had no alcohol or drug related driving violations in the past seven years
Payments are only accepted through credit card, debit card or net banking
There is no minimum amount of time that an individual must hold a license before becoming a member or reserving a Zoomcar vehicle

Last Updated on October 21, 2020.

User Rental Agreement


 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT WHICH WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN TERMS AND CONDITIONS FOR AVAILING ZOOMCAR RENTALS AND THE USE OF THE SERVICES OFFERED THROUGH WEBSITE www.zoomcar.com AND MOBILE APPLICATION UNDER THE NAME AND STYLE OF ‘ZOOMCAR’ (“ WEBSITE ”). 

PLEASE READ THE TERMS AND CONDITIONS IN THIS DOCUMENT CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR AVAILING SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY ZOOMCAR RENTALS OR SERVICES BEING OFFERED THROUGH THE WEBSITE.  

ZOOMCAR USER AGREEMENT

The bookings and use of vehicles availed by you from us and incidental services is governed by the following terms and conditions on the Website (“ User Agreement ” or “ Agreement ”).

This User Agreement on the Website is between Zoomcar India Private Limited, a company incorporated under the Companies Act 1956 and having its registered office at Ground Floor, EnzymeTech park, #4 Building, Domlur Service Rd,13, HAL Old Airport Road, Domlur 1st Stg, ISRO Colony Bengaluru KA 560071, India (hereinafter referred to as “ Zoomcar ” or “ Company ” or “ We ” or “ Us ” or “ Our ”, which expression unless the context may otherwise require to include its successors, liquidators and assigns) and the guest users or the registered users of the Website, who is a natural or a legal person (hereinafter referred to as “ User ” or “ You ” or “ Your ” or “ Yourself ”). Under the terms of this Agreement, the User may add a co-driver for the purposes listed herein and once added such co-driver shall fall under the definition of the “User” and will have to abide by the terms and conditions set out in this Agreement.

1. General:  

Your use of the Website and services offered by Zoomcar are governed by this Agreement as applicable including other applicable policies which are incorporated herein by way of reference. If you use or transact on the Website, You shall be subject to the policies that are applicable to the Website for such use or transaction. It is hereby clarified that by mere use of the Website, You shall be contracting with the Zoomcar and this Agreement as applicable, shall constitute your binding obligations, with Zoomcar.

We reserve the right, at Our discretion, to change or modify the terms of this User Agreement. You agree that the updated terms and conditions of this Agreement shall be effective from the date publication of the same on the Website or mobile application. It shall be your responsibility to periodically check for any changes to the Agreement on the Website. We may require You to provide Your consent to the updated Agreement in a specified manner before any further use of the Website/ mobile application and the Services. If no such separate consent is sought, Your continued use of the Website/ mobile application will constitute Your acceptance of such changes. You may decline such changes by discontinuing Your trips / bookings or services, as the case may be, under this Agreement. 

In the event of any conflict between this Agreement and any other document with respect to Zoomcar’s other programmes, these terms and conditions shall govern, except otherwise set forth by Zoomcar in writing. 

2. Definitions:

2.1 Unless the context or meaning thereof otherwise requires, the following expressions shall have the meanings assigned to them hereunder:

Excess Kilometre ” driven shall include any additional Kilometre(s) (“ KM ”) driven on the Vehicle booked by the User beyond the KMs which were reserved and paid to Zoomcar by the User. The User shall be liable to pay the additional cost for driving the Vehicle beyond the KMs approved and paid as per the Fee Policy of the Company. 

In-Vehicle Devices ” means and includes the various devices selected by Zoomcar to be installed in the Vehicle for the security, safety, tracking and health monitoring of the Vehicle.

MV Act ” means the Motor Vehicles Act, 1988 along with the rules prescribed thereunder and includes any statutory modifications or re-enactments thereof and the applicable provisions, if any, of the Motor Vehicles Act, 1988 as amended, modified and re-enacted from time to time.

Booking Period ” means the specific period for which the User has made the Booking for usage against the Booking fees, pursuant to terms of this Agreement.  

Vehicle ” means the self-drive vehicle, which is reserved by the User for a specific period, as per the terms of this Agreement.

Commercial and Operating Terms ” shall mean the terms and conditions updated, altered, modified, novated, substituted or replaced from time to time, on which the Vehicle would be operating on the Website, as more particularly exhibited at https:// www.zoomcar.com. The User agrees to abide by and shall ensure compliance with all the provisions contained in Commercial and Operating Terms.

3. Self-drive Car Rental

The User holding a valid driving license has the right to rent select self-drive Vehicles through the Website, as per the terms and conditions of this Agreement, the Fee Policy and other policies on the Website, to the extent applicable (“ Zoomcar Rental ”).

Zoomcar reserves the right to allow only the User holding a valid driving licence, which shall be duly approved by the company, to drive the vehicle allotted to him by the company for a specific period blocked and paid by the said User.

4. Vehicle Ownership

4.1 You shall neither be the purchaser nor the owner of the Vehicle, at any time and for any purposes including regulatory requirements under applicable law. The purchase invoice, Registration Certificate and all other documents in relation to the Vehicle shall bear the name of Zoomcar or any company working with Zoomcar to comply with the specific requirements for registration under the MV Act. 

  Only the owner of the Vehicle shall have the sole rights to transfer any right, interest or title vested in any vehicle owned by the company by way of pledge, hypothecation, charge, lien or sale. 

4.2 The Users agree and acknowledge that they are not the owners of any Vehicle and they or any person authorised by them or their legal heirs/ representatives etc. are not entitled to claim depreciation on the Vehicle for tax or any other purposes. 

5. Booking Zoomcar Vehicles

5.1 The User hereby agrees and acknowledges that reservation is a pre-requisite for all potential Bookings. The User shall reserve a vehicle in advance of use on the Website following the steps on the Website and will be billed for usage fees at the time of reservation. 

The indicative steps for reserving a Vehicle on the Website are:

  (i) Select the region/ area for which the vehicle is required;

  (ii) provide the start and end date and time, indicating the duration or Booking Period for which the vehicle will be required for use by the User;

  (iii) Select the vehicle as per your requirements;

  (iv) pay applicable Booking fees for use of the Vehicle through any of the payment systems that Zoomcar is using at that point of time.

5.2 The User has an option to either pick up/ drop off the Vehicle from the designated location or can avail the services of Zoomcar to get it delivered at his desired location.  

5.3 Upon completion of reservation of the Vehicle, Zoomcar shall at its discretion and basis the availability of the Vehicle, confirm such reservation and communicate details of the final booking with the User (“ Booking ”). 

5.4 Handover of the Vehicle pursuant to the original Booking, extensions and modifications to the User by the company is upon the availability of the said Vehicle. Zoomcar reserves the right to cancel any of such Booking in the circumstances of unavailability of the Vehicle.

5.5 The User is required to fulfil the below mentioned conditions at the time of taking the delivery of the Vehicle:   

  (i) User must show his/ her original driving licence, that was shared with Us at the time of opening of account/availing Zoomcar Rental with Us. User must show the same to Our representative at the time of delivery, prior to the User taking possession of the Vehicle;

  (ii) User must carry his/ her documents in original, and provide support to Our representative for capturing the image of, any one out of following documents as an additional ID proof to be placed on Our records:

    (a) Voter ID; 

    (b) Aadhar card; or

    (c) Valid Passport.

  (iii) Users must with Our representatives for taking a photograph of the Vehicle along with the User, for safety and record-keeping purposes.

  (iv) User must fill and submit the checklist of the Vehicle at the start and end of the trip.

In case the above conditions are not successfully completed by the User at the time of taking possession of the Vehicle, We reserve the right to not handover the possession of the Vehicle and Zoomcar Rental shall stand cancelled without any onus on Us to refund the security deposit and the Booking fee. Further, in the event the possession is taken by the User without completing the above condition, the User shall be held solely responsible for any liabilities or losses arising out of the same.

5.6 Only a User registered on the Website who has provided a valid driving license and other requisite documents, shall be allowed to obtain a Zoomcar Rental. The details of the registered User and the details on the know your customer documents should match. It is hereby clarified that in the event a person is not registered on the Website or the Driving Licence is not of the same person, Zoomcar Rental cannot be obtained by any other registered User on its behalf. 

5.7 Cancellation / Reduction of Booking Period: If You wish to cancel a reservation / Booking or reduce the Booking Period for which the Vehicle has been reserved, You must do so in advance, in pursuance of the Fee Policy. Furthermore, if the User fails to pick-up the Vehicle, for whatsoever reasons, within 4 hours of the start of the Booking, the said Booking shall be automatically cancelled.

5.8 Extension of Zoomcar Rental: If You wish to extend a Zoomcar Rental, You may do so only if following conditions are fulfilled: 

  (i) the online payment for the extension has been made and successfully receipt by Zoomcar; 

  (ii) the Vehicle is available for use for the extension period (for example, it is not reserved by another User); and 

  (iii) the request to extend is completed prior to the scheduled expiration time of Your existing Zoomcar Rental.

You are liable to drop the Vehicle at the drop location inserted by you at the time of Booking the said Vehicle. In case, any of the above conditions are missing after the expiry of the Booking Period (initial or immediately prior) then You will be deemed to have the possession of the Vehicle without authorisation and must hand over the Vehicle to Zoomcar’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of Vehicle or after the expiry of Booking as the case may be, will be making You liable for wrongfully detaining the Vehicle, theft and further making you liable as the guilty of breach of trust and Your involvement in for the theft of the said Vehicle would be presumed without any doubt. 

In such an event We reserve the right to initiate criminal proceedings against You and make all reasonable efforts to take possession of the Vehicle from You, immediately or any time thereafter, and at any location.   

For the avoidance of doubt, in the event You do not handover the Vehicle whenever so required: 

  (i) You will be charged late fee, inconvenience fee and any other charges applicable as per Our Fee Policy from the scheduled end time of Your Zoomcar Rental till the time the Vehicle is recovered by Us;

  (ii) You will be charged with such additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Us in taking possession of the Vehicle from You; and

  (iii) You will not be provided any compensation or alternate means of transportation and you will be blacklisted from riding in Our Vehicles in future. You shall hold Zoomcar, its officers, employees, agents and affiliates harmless against any claim in connection with the Vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Zoomcar against any cost, loss or liability suffered by Zoomcar arising out of or in connection with any claim made by a third party against Zoomcar in relation to the Vehicle and/or its re-possession.

6. Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicles

6.1 You must pick up the booked Vehicle from a parking space designated by Us and return it secured, clean, and in good working order, to the correct parking space that is designated by Us for the purpose, no later than the end of the Booking Period. The handover of Vehicle by Us to You is dependent on the availability of Vehicle. Further, We reserve the right to cancel any Booking at its sole discretion with only consequence to return the fees collected at the time of creation of Booking. 

6.2 Prior to taking possession of a Vehicle, You must do an exterior walk-around and an interior look-over of the Vehicle. Before the start of a Zoomcar Rental, You must advise Zoomcar of any damage or abnormality encountered on the Vehicle or in the operation of the Vehicle. If Zoomcar is not notified of a problem at the start of a Booking, You will be deemed to be responsible for any problem with the Vehicle discovered or reported after completion of Your Booking, including, without limitation, damage to the Vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Zoomcar may suspend, or may even terminate Your Zoomcar Rental. 

6.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, Vehicle’s key, key fob, or other starting device to the Vehicle in its designated position in the Vehicle at the conclusion of Your Zoomcar Rental. You must inform Zoomcar immediately if You fail to leave the original documents mentioned hereinabove, key/fob/starting device, parking pass, or toll payment pass (if applicable) in the Vehicle, and if this causes inconvenience to Zoomcar or another User or customer, You will be charged the hourly rates for the Vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Zoomcar and You will remain responsible for the payment of charges against the usage of the Vehicle during such period. You may also be charged an inconvenience fee at Zoomcar’s sole discretion if the aforementioned items/ documents are lost, and such missing items need to be replaced. 

6.4 The end of the trip shall be confirmed upon either (i) specific completion of closing checklist at the end of trip; or (ii) an SMS message to Zoomcar’s provided number to notify of such intent; or (iii) unwarranted breakdown/accident of the Vehicle.

6.5 User is responsible for all charges and costs incurred related to the Vehicle for the entire period of the Zoomcar Rental and until the Vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, toll payment pass and parking pass and other accessories in the Vehicle) to its designated location. The Vehicle must be returned upon expiry of the Booking Period and will be governed as per the provisions of Clause 6.4 above if extension is sought. 

6.6 User is required to immediately report to Us any condition that impairs the driving functionality of the Vehicle, such as poor driving feel or external or internal damage that renders the Vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass. 

6.7 Notwithstanding anything contrary contained under this policy, any damage caused to Vehicle due to Your wilful misconduct or gross negligence and/or theft of the Vehicle, during such time when the Vehicle is not in motion/ or in motion, will attract charges/fees as per Our sole discretion. 

6.8 It shall be the responsibility of the User to pick up the selected Vehicle and return it secured, clean, and in good working order, at the drop location provided by Zoomcar, by no later than the end time of the Booking Period.

6.9 Cases of stolen Vehicles or any accidental incidents must be immediately reported to Us and the nearest police station with a detailed written complaint based on actual facts. Users shall ensure that such complaints shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claims raised by Us. The User will be solely liable without any demur, for any loss incurred by Us, due to a discrepant, inconsistent or distorted complaint or information by the User. It shall be the sole responsibility of you to ensure proper police and judicial formalities are being done on your part with respect to the same.

7. Obligations of / Use of Vehicle by the User

7.1 By accepting the Terms as set out herein, the User hereby authorizes Zoomcar to obtain the User's driving records from the jurisdiction in which the User is licensed.

7.2 The User may use the Vehicle at no additional consideration, other than the Booking fees paid/payable by User for the Zoomcar Rental and any other dues owed by the User to Zoomcar pursuant to this Agreement and the related policies and terms & conditions, exclusively for the personal use as per this Agreement.  The User agrees and acknowledges that, We shall have no liability in connection with such aforementioned use of the Vehicle, including without limitation, any claim arising out of the such use of the Vehicle by the User. 

7.3 The User shall be responsible for providing and maintaining their account information with Zoomcar including details such as their current email, mobile number, address, and such other information as may be necessary for the purposes of this agreement.

7.4 The User shall be responsible for keeping any Zoomcar-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. 

7.5 The User when using a Vehicle 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 Zoomcar and follow the instructions provided by Zoomcar.

7.6 The User shall provide all the documents and assistance, as may be required to obtain applicable licenses and permits for Booking the Vehicle through the Website and use thereof, in accordance with the terms of this Agreement and the Commercial and Operating Terms.

7.7 On expiry or earlier termination of this Agreement, the User shall handover the Vehicle, to Zoomcar in reasonable commercial condition, save and except reasonable/actual damage or normal wear and tear caused to the Vehicle during the usage of Vehicle by the User.

7.8 Zoomcar reserves the absolute right to install the In-Vehicle Devices at the cost of the Company. The User hereby unconditionally agrees not to tamper or remove such In-Vehicle Devices. The User agrees and acknowledges that such installed devices may require minor modification from time to time and the User shall provide full access of the Vehicle to Zoomcar or any other party appointed by Zoomcar for the purpose of modification of such devices. In case the User removes or otherwise tamper the devices, the User shall be liable to pay Zoomcar the actual cost of the device. Zoomcar further reserves the right to deduct the foregoing amount from any credit/bonus to be paid by Zoomcar to Users.

8. Persons Permitted to Drive

8.1 Only an active User, in good standing, as decided solely by Zoomcar, is allowed to drive the Vehicle. Non-User is expressly prohibited from driving a Vehicle at any time. The User holding an effective driving license (uploaded on the Website and approved by Zoomcar) may drive a Vehicle that has been reserved by another User with the permission of such User. However, all fees and charges shall be the responsibility of the reserving User and any liability and/or claim arising out of such usage shall be that of all such participant Users. Notwithstanding anything contrary contained in this Agreement, the User making the Booking must ensure that any other person having effective driving license drives the Vehicle only with the prior consent of Zoomcar, failing which the User shall be solely liable to indemnify Zoomcar without any limitation for any loss suffered by Zoomcar. 

8.2 Satisfying eligibility criteria required to become a User does not automatically give an applicant the right to become a User. Acceptance of the applicant’s Zoomcar Rental is subject to approval by Zoomcar, at its sole discretion. 

8.3 By applying for Zoomcar Rental, each applicant authorizes Zoomcar and Zoomcar reserves the right, in its sole discretion, to obtain the applicant’s driving records from the jurisdiction in which the applicant is licensed. Given that driving a Vehicle requires maintaining a good driving record, Zoomcar may periodically check the User’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Zoomcar Rental of the User, who does not meet Zoomcar’s driving eligibility requirements. 

8.4 The User agrees to promptly report to Zoomcar any expiration, suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving. Should any User’s driving license expire or be revoked, authorization to drive the Vehicle shall expire immediately.

8.5 The User is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with Zoomcar. The User further warrants that information provided to Zoomcar shall be absolutely correct and is bound to inform Zoomcar promptly, if any change occurs in the information provided earlier including but not limited to residential address.

9. Prohibited Uses

9.1 The use of a Vehicle under the following conditions is prohibited: 

  (i) any speed race or competition;

  (ii) for the purpose of towing, pushing, or propelling any trailer or any other vehicle;

  (iii) for the primary business purpose of transporting people or operating a taxi service;

  (iv) by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% applies; 

  (v) in the carrying out of any crime or any other illegal or unlawful activity;

  (vi) in an imprudent, negligent, or abusive manner or for any abnormal use of the Vehicle;

  (vii) by any person who has provided Zoomcar with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);

  (viii) driving a Vehicle outside of India or any prohibited areas within India;

  (ix) driving while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from driving or otherwise engaging in similar activities that may be prohibited by applicable law;

  (x) Using the Vehicle for the purpose of transportation of flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household;

  (xi) Transporting objects with the Vehicle that could – due to their size, shape, or weight adversely impact the Vehicle’s handling safety or that could damage the interior of the Vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Vehicle.

  (xii) Burning any substance including tobacco, incense etc. inside the Vehicles is absolutely prohibited.

  (xiii) Animals are prohibited in the Vehicles, except for those Vehicles designated “pet friendly”. Users are subject to payment of penalties in the event it is determined that the Vehicles other than those designated as “pet friendly” have been used for transportation of animals;

  (xiv) Transporting more passengers than the prescribed seating capacity of the Vehicle by manufacturer of the Vehicle;

  (xv) Any kind of activity by any person which will affect the normal conditions of the vehicle.

9.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of the Vehicle except the personal use for travel, as determined by Zoomcar in its sole discretion, shall be deemed to be a violation of these terms and conditions. Zoomcar may report to the authorities any use of the Vehicle or other activities that are in violation of local, state, and/or national law or in violation of these terms and conditions. 

9.3 Zoomcar may immediately suspend or terminate the use of its service by any User for a violation of any of the terms and conditions of the Agreement. Upon suspension or termination, any existing Booking for the User may be cancelled by Zoomcar at its sole discretion. In addition, the User will be absolutely responsible for any and all, losses, damages (direct/indirect), costs, charges, fees and expenses incurred by Zoomcar, as a result of a breach of any of these terms and conditions and the User unconditionally and irrevocably agrees that Zoomcar reserves the right to pursue the remedial action to recover the losses/damages suffered by Zoomcar from the User’s property including but not limited to his/her legal heirs/representative’s properties. 

10. Safety

10.1 The User is responsible for: 

  (i) Complying with all applicable laws including seat belt, speed limit and child restraint laws. It is being made crystal clear that the User must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards at various locations of the concurrent trip;

  (ii) Protecting all children by proper use of any child passenger restraint system that complies with the motor vehicle safety standards in the jurisdiction where the trip is initiated and where the Vehicle is driven during such trip;

  (iii) Each time the User parks a Vehicle (either at the end of the Booking Period or during the Booking Period), the User shall be responsible for securing the Vehicle in conditions such as closing of windows and locking the car.

11. Securing the Vehicles

11.1 Each time the User parks the Vehicle (either at the end of the or during the Booking Period), the User shall be responsible for securing the Vehicle from external factors including human or general known adverse weather conditions. 

11.2 Windows must be closed, and the central locking system must be enabled using the smart phone app or the SMS command). If the Vehicle is outside of cell phone range, and the Vehicle cannot be locked through the phone command system, the User must remove the key and lock the Vehicle manually. The User will be responsible for any fees or charges associated with a failure to perform these steps. 

11.3 Zoomcar encourages all its Users to take full responsibility for their belongings. In case of any User claims to have left back any luggage or any phones or personal music devices inadvertently in the Vehicle after the User completes his/her Booking, Zoomcar shall endeavour to locate the lost belongings on a “best-effort” basis provided the User notifies Zoomcar of the same within 90 minutes of the successful return of the Vehicle post completion/termination of the Booking, but Zoomcar shall not be held responsible for such loss or damage in any circumstances. 

12. Fees and Eligible (Reimbursable) Expenses

12.1 The User is subject to the fees policy mentioned on the Website (“ Fee Policy ”). The Fee Policy covers all the fees, costs, penalties and expenses including but not limited to rentals, Excess Kilometre driving charges, damage fee, late payment fee, extensions fees, penalties or fines, if any etc. 

12.2 In the event of any issues or damages to the Vehicle, the User shall report the same to Us and We shall get the same fixed. In the event any issues or damages need urgent repair or fixing (such as outstation cases), the User can get the same fixed upon obtaining prior approval to Us. If a User pays for any Eligible Expense in relation to repair or fixing the Vehicle, he or she must keep the invoice which is subject to fuel test more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the Booking Period. The User must print his or her name on such invoice and provide a physical original hard copy of the same to Our Vehicle attendant upon handover of the Vehicle in terms of this Agreement. Zoomcar will reimburse the User or credit the User’s account, post the verification of claim and corresponding invoices and would be settled in the monthly invoice. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3 days from the invoice date. The User hereby agrees and acknowledges that it will be reimbursed as per this Clause only in case of Eligible Expenses incurred by it.

12.3 For the purpose of this Agreement, ‘ Eligible Expense’ means: (i) any fuel related expense for the Bookings with fuel, provided it reconciles reasonably with distance travelled; in pursuance of the standard industry mileage or Zoomcar’s internal mileage standard; or (ii) an expense incurred by the User for any maintenance of the Vehicle, such as new wiper blades, light bulbs, or windshield-washer fluid, etc. that is authorized in advance by a Zoomcar Representative, via e-mail/SMS/phone.

13. Supermiler Club and Loyalty Points

13.1 Z-points are non-transferable, non-binding and non-encashable points provided by Zoomcar under its loyalty program. This program will be valid for and applicable to the Bookings made through the Website.

13.2 Z-points will be credited to the account of the User on the Website within 7 (seven) working days after the successful Completion of Booking by the User. It is hereby clarified that Z-points shall be credited to the same Website account of the User through which the Booking is made.

For the purpose of this Clause, ‘ Completion of Booking’ means successful handover of the Vehicle by the User back to Zoomcar after completion of all necessary formalities (including the end checklist) and payment of all outstanding dues to Zoomcar by the User, at the time of or prior to the end of the Booking Period.

13.3 Z-points will not be credited in case of (i) cancellation of Booking by either the User or Zoomcar; (ii) Excess Kilometre driven; (iii) User’s use of the Vehicle for any purpose which is prohibited in this Agreement or is involved in any traffic violations.

13.4 Z-points will be calculated based on originally booked car groups and shall not change in case of upgrade / downgrade of Vehicle during the Booking Period. Further, rescheduled Bookings with Extended Booked KMs would be considered for Z-points calculation.

13.5 Z-points will be used on a first in first out basis and cannot be utilized against any outstanding amount / charges related to previous Bookings.

13.6 Zoomcar shall not be liable for any unauthorized use of User's account and the User shall be solely responsible to ensure security and confidentiality of User's account.

13.7 Zoomcar reserves the right to (i) disqualify any User at any point in time at its sole discretion; (ii) terminate or suspend the Z-points program, temporarily or permanently, at any point in time, at its sole discretion; (iii) run any offer/program to provided additional benefits through this Z-points program to a set of identified users / Users of Zoomcar, based on certain parameter as may be decided by Zoomcar from time to time. Such program/offer shall be applicable prospectively upon Completion of Booking i.e. Booking made from the date of the launch of such program/offer; (iv) cancel all or partial Z-points granted to the User or change any of the terms and conditions including but not limited to eligibility, redemption rewards, Z-points etc., of this Z-points program, at any point in time without prior notice. 

13.8 Any modification in the Z-points program or any of its terms and conditions shall be deemed to have been accepted by the User by continuing to use the Zoomcar Website.

13.9 In case of any dispute or conflict in relation to the Z-Points of Zoomcar, Zoomcar's decision shall be final.

14. Super miler Elite

14.1 ‘Supermiler Elite’ is a paid membership program provided by Zoomcar under its loyalty program. This program will be valid for and applicable to the Bookings made through the Website.

14.2 Users have the option of subscribing to ‘Supermiler Elite’ program from 28th July, 2020 at the strikedown price mentioned below and the benefits / offerings shall activate on or after 28th July, 2020. It is clarified that the Activation Date may vary and is subject to change at the sole discretion of Zoomcar.

 
6 Months
12 Months
‘Supermiler Elite’ Original Price
INR 1999
INR 2499
‘Supermiler Elite’ Strikedown Price
INR 899
INR 999

14.3 ‘Supermiler Elite’ offers the following offerings / benefits*

 
6 Months
12 Months
Welcome Z-points
400
400
Additional Z-points Earned on Every Booking after Activation Date
10-12%
10-12%
Free Booking Cancellation /Reschedules
2
2  

  * Here, 1 Z-point = 1 Re. 

14.4 Terms and conditions of the ‘Supermiler Elite’:

  (i) The Z-points will act as a cashback that can be used on subsequent Bookings by the User and shall expire within 180 days from the date of accrual. This expiry period may vary and is subject to change at the sole discretion of Zoomcar.

  (ii) Where a User subscribes to ‘Supermiler Elite’ at the strikedown price while making a Booking, they will be eligible to get additional 200 Z-points after the Activation Date.

  (iii) Welcome Z-points can be redeemed on the first Booking by the User after the Activation Date.

  (iv) ‘Supermiler Elite’ users will earn 10-12% Z-points on the net Booking Fee on every Booking made after the Activation Date as reflected above.

  (v) Redemption and accrual of Z-points is capped at INR 1000 on Bookings.

14.5 Zoomcar reserves the right to –

  (i) disqualify any User at any point in time at its sole discretion from use of ‘Supermiler Elite’;

  (ii) terminate or suspend the ‘Supermiler Elite’ program, temporarily or permanently, at any point in time, at its sole discretion;

  (iii) run any offer/program to provided additional benefits through this ‘Supermiler Elite’ to a set of identified users / Users of Zoomcar, based on certain parameter as may be decided by Zoomcar from time to time. Such program/offer shall be applicable prospectively upon Completion of Booking i.e. Booking made from the date of the launch of such program/offer;

  (iv) cancel all or partial Z-points granted to the User pursuant to ‘Supermiler Elite’ or change any of the terms and conditions including but not limited to eligibility, redemption rewards, Z-points etc., of this ‘Supermiler Elite’ program, at any point in time without prior notice.

14.6 Any modification in the ‘Supermiler Elite’ program or any of its terms and conditions shall be deemed to have been accepted by the User by continuing to use the Zoomcar Website.

14.7 In case of any dispute or conflict in relation to ‘Supermiler Elite’ program of Zoomcar, Zoomcar's decision shall be final.

15. Taxes

15.1 The User shall be solely responsible for payment of all taxes, duties, fines and penalties by whatever name called as may become due and payable under any law, rules or regulations as applicable from time to time in relation to the credits/bonus received by the User in accordance with the terms of this Agreement. Zoomcar reserves the right to collect Good and Service Tax from the User and deposit the same with the government authorities.

15.2 Zoomcar shall be entitled to deduct tax at source on credits/bonus made to the User in accordance with the applicable law. The User shall be responsible to report any non-receipt of certificate of taxes deducted at source within 90 days of deduction of such taxes at source.  

16. Roadside Assistance

Zoomcar makes reasonable best efforts to provide roadside assistance support in all cases. Zoomcar 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. 

17. Maintenance and Cleanliness

17.1 Zoomcar will perform all necessary and required routine maintenance on all its Vehicles. However, the User is responsible for the cleanliness of the Vehicle and are expected to assist in helping Zoomcar to maintain the driving safety and performance of the Vehicle, in particular during longer Booking Period or when the Vehicle indicates that service or maintenance is required. 

17.2 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside the Vehicle. You will be subject to additional fine if evidence of smoking, chewing, drinking or dipping is found inside the Vehicle or complained of by a customer using the Vehicle immediately following Your Zoomcar Rental. 

17.3 Burning any substance is absolutely prohibited in the Vehicles. This includes, but is not limited to tobacco, other drugs, and incense. 

17.4 You agree and acknowledge that Zoomcar’s name would be mentioned on all service and maintenance invoices given that the Vehicle is registered in the name of Zoomcar. Further, all the benefits and liabilities pertaining to Vehicle maintenance will lie with Us, except as may be mutually agreed in writing between You and Us. We shall be entitled to claim deduction on such expenses for tax purposes. Further, You will not be entitled to claim (i) any maintenance cost which is borne by Us as expenses in your books for tax purposes, and (ii) any GST input credit available on the maintenance invoices.

18. Breakdown or Incidents

18.1 All breakdowns or incidents involving the Vehicle must be reported to Zoomcar immediately by phone to 080-67481200 and via email on support@zoomcar.com 

18.2 Breakdown and Roadside Assistance: While using the Vehicle, You 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, the User must immediately notify Zoomcar on the abovementioned phone number/email id and follow Zoomcar’s instructions. The User may have to pay for towing, repairs, and other expenses in certain circumstances. It is the responsibility of the User to maintain the Vehicle in the condition in which the Vehicle was handed over to him, without fail. If the User fails to do so, he shall be liable to incur all the costs and expenses.

18.3 Jump start: If You perform a jump start to the Vehicle, You must inform Zoomcar immediately by phone or through the mobile app). You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any vehicle other than the Vehicle. 

18.4 Incident: In case of an incident involving property damage or any third party, the User must fill out an official police report form and, mandatorily provide a jointly agreed-upon statement, complete Zoomcar’s incident report form, and obtain the following information:

  (i) Date, time, and place of incident; 

  (ii) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent); 

  (iii) The names, addresses, and driver's license numbers of the persons involved in the incident; 

  (iv) The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver); 

  (v) The name, addresses, and phone number of witnesses, passengers, and any other involved persons; 

  (vi) Circumstances of the incident describing immediate surrounding environment and the Vehicle position prior to the incident; and 

  (vii) A police report is required regardless of liability or fault. The User shall specify in his/her detailed written complaint to the police the actual facts only. The User shall ensure that such complaint 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 Zoomcar. Any loss occasioned to Zoomcar due to a discrepant, inconsistent or distorted complaint by a User shall be to the account of such User.

18.5 Investigation and procedure: The User must provide Zoomcar and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Zoomcar regarding any incident involving the Vehicle. The User agrees to cooperate fully with Zoomcar in the investigation and defense of any such claim or lawsuit. A User’s accounts will be suspended until the investigation has been concluded.

18.6 The User shall be responsible for the costs related to the repair, recovery, and loss of use of any the Vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the User or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of the Vehicle or the insurer of the other vehicle involved in the accident). 

18.7 Zoomcar shall not be liable to make any refunds to the User for the unused Booking Period, if the User meets with an accident (intentionally or unintentionally) and shall not be liable for any costs or expenses borne by the User due to the accident/breakdown. However, if Zoomcar determines pursuant to the following validation process that the User is not responsible for the breakdown of the Vehicle and if it is intimated immediately or within reasonable time to Zoomcar, the User shall be eligible for the refund of the entire Booking fees paid by the User. 

  (i) Internal validation - The validation under the guidelines of the authorized service center of the Vehicle. 

  (ii) Technical report prepared by dealership and/or authorised dealer and/or any other party.

18.8 In case of any accidents/damages, any costs, expenses or losses pursuant to out of court settlement initiated or accomplished by the User with the third parties, without written consent of Zoomcar, will be solely borne by the User. 

19. Traffic Violations, Tolls and Interstate Payment Taxes 

19.1 All the traffic violations by the User shall be notified to the authorised representative of the Zoomcar as soon as possible within the prescribed deadline of such violation.

19.2 You are responsible for any traffic violations incurred due to Your inappropriate use of the Vehicle. This includes, but is not limited to, unauthorised parking, excess speeding, breaking red light, photo enforcement, and toll violations. You are solely liable for all costs imposed due to any such violation during the concurrence of Your trip/ride/Booking, including fines for late payment and any processing fees added by the respective regulatory authority. You are liable for payment of all tolls and any fines for toll evasion/ interstate taxes etc. You must report such violations to a Zoomcar representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). Zoomcar will notify the User immediately by email after it comes to know about any of such violation and the User shall forthwith pay the relevant fine/s to the authority concerned and provide Zoomcar with the proof of such payment, failing which Zoomcar will pay those amounts and the User shall reimburse the same to Zoomcar at earliest. However, where the User has personal knowledge of such violations, Zoomcar will not be obligated to provide the User with the notification as above, but User’s obligation to pay the relevant fine/s and notifying Zoomcar of such compliance will continue as aforementioned. 

19.3 You must submit all toll receipts, inter-tax receipts etc to Zoomcar in a timely manner. The User shall be liable for all the fines and expenses incurred on the same during the booking period. 

19.4 You must notify Zoomcar of any traffic violation notices/ interstate tax violation notices found on the Vehicle at the time of Vehicle pick up. 

19.5 You must not leave the Vehicle in a zone which has parking restrictions. If You leave the Vehicle in such a restricted zone, You must immediately notify Zoomcar, and You will be responsible for any and all violation notices or towing charges incurred by Zoomcar. Additionally, financial penalties will be levied against You for any inconvenience caused to other customers of Zoomcar if the Vehicle is unavailable for its other scheduled Booking because of such parking violations as set out in the Fee Policy.

20. Insurance 

20.1 Only the owner of the Vehicle shall obtain motor insurance for the Vehicle from insurance partners as empanelled from time to time and shall also be responsible for timely renewal of the insurance policy for the Vehicle.

20.2 USER DEDUCTIBLE OBLIGATION: 

  (i) ONCE THE USER  IS IN FULL ACKNOWLEDGEMENT AND COMPLIANCE WITH THE TERMS AND CONDITIONS OF ZOOMCAR’S POLICIES BEING MENTIONED ON THE WEBSITE, ZOOMCAR SHALL PROVIDE PRIMARY THIRD PARTY LIABILITY PROTECTION, WHICH WILL BE TO THE EXTENT OF CLAIMS / LIABILITIES COVERED BY ZOOMCAR’S VEHICLE INSURER, ON ZOOMCAR’S VEHICLES FOR ANY/ ALL CLAIMS AND/OR LIABILITIES ARISING DURING THE USE OR OPERATION OF THE VEHICLE BY THE USER. THE USER WILL BE RESPONSIBLE FOR ANY ASSOCIATED DEDUCTIBLE CHARGES DIRECTLY/INDIRECTLY PERSONALLY ATTRIBUTABLE TO THE USER DEFAULT OR OTHERWISE AS PER DISCRETION OF ZOOMCAR.

  (ii) IF AT ANY TIME IT IS DETERMINED THAT LOSSES/CLAIMS MENTIONED HEREINABOVE WILL EXCEED THE INSURANCE COVERAGE TAKEN BY ZOOMCAR, THE USER WILL BE RESPONSIBLE FOR ANY SUCH EXCESS CLAIMS/ LOSS/ DAMAGES. 

20.3 ZOOMCAR IS NOT RESPONSIBLE FOR ANY DAMAGE TO, LOSS OR THEFT OF, ANY PERSONAL PROPERTY BELONGING TO THE USER OR CO-PASSENGER OR THIRD PARTIES, REGARDLESS OF FAULT OR NEGLIGENCE. 

20.4 LIABILITY PROTECTION APPLIES ONLY TO CLAIMS OF THIRD-PARTY BODILY INJURY, DEATH OR PROPERTY DAMAGE, OTHER THAN TO THE VEHICLE, ARISING FROM THE USE OF ZOOMCAR VEHICLE AS PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW. ANY SUCH PROTECTION EXCLUDES ANY CLAIM MADE BY THE USER OR CO-PASSENGER OR USER’S/CO-PASSENGERS’ IMMEDIATE FAMILY USERS WHO PERMANENTLY LIVE WITH THE USER OR IS TRAVELLING WITH THE USER AT THE TIME OF INCIDENT. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT ZOOMCAR’S COVERAGE APPLIES. ZOOMCAR SHALL NOT BE LIABLE TO THE USER/CO-PASSENGER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO ZOOMCAR VEHICLE, ITS USE, OR THIS AGREEMENT.

20.5 UNDER NO CIRCUMSTANCES WILL ZOOMCAR BE LIABLE TO ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF ZOOMCAR VEHICLES AND AVAILING OF SERVICE BY THE USER/ CO-PASSENGER/ FAMILY USER. 

20.6 IT WILL BE THE SOLE RESPONSIBILITY OF THE User TO TAKE COMPLETE SAFETY MEASURES/ PRECAUTIONS AGAINST ANY CRIMINAL ACTIVITY ON/ OF THE VEHICLE SUCH AS THEFT, ILLEGAL DETENTION ETC. THE User SHALL HAVE A RESPONSIBILITY TO INFORM THE COMPANY ABOUT THE SAME AND FURTHER COOPERATE IN FILING ALL NECESSARY COMPLAINTS.

20.7 ANY CLAIM REJECTED DUE TO THE MISHANDLING/ NEGLIGENCE/ FAULT/ RASH DRIVING/ ANY OTHER ILLEGAL AND UNLAWFUL PURPOSES ETC. OF THE USER OR DUE TO ANYONE DRIVING THE VEHICLE, THE USER SHALL BE LIABLE TO INCUR ALL THE COSTS.

WHEREAS FOR THE THIRD PARTY CLAIMS WHICH ARE REJECTED DUE TO NEGLIGENCE/ MISCONDUCT/ RASH DRIVING/ OTHER UNLAWFUL OR ILLEGAL ACT ON PART OF THE USER OR THE PERSON DRIVING FURTHER CAUSING IRREPARABLE DAMAGE, ZOOMCAR SHALL NOT BE LIABLE FOR ANY THIRD PARTY CLAIM.

20.8 IN CASE OF ANY THIRD-PARTY DAMAGE OR OWN DAMAGE/ ACCIDENTS, THE USER SHOULD INTIMATE ZOOMCAR AND POLICE AUTHORITIES PROMPTLY AND THEREAFTER PROVIDE COMPLETE SUPPORT AND DOCUMENTATION DURING THE COURSE OF INSURANCE CLAIM. IF ANY SUCH INSURANCE CLAIM IS REJECTED DUE TO THE FAILURE ON THE PART OF THE USER TO PROVIDE THE SAID INFORMATION TO ZOOMCAR/ OTHER RELEVANT AUTHORITIES IN TIMELY MANNER, THEN USER WILL BE SOLELY LIABLE TO BEAR ALL THE COSTS AND INCUR ALL THE EXPENSES.

20.9 ANY DAMAGE CAUSED TO THE VEHICLE DUE TO YOUR WILFUL MISCONDUCT, NEGLIGENCE OR BREACH OF ANY RULE UNDER MV ACT AND/OR THE SAID AGREEMENT DURING SUCH TIME WHEN THE VEHICLE WAS IN YOUR POSSESSION, YOU SHALL BE LIABLE TO INCUR ALL THE DAMAGES AND LOSSES.

20.10 This Agreement is intended for the benefit of the User and Zoomcar and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. You hereby agree that you will have no objections to Zoomcar sharing the details of the person driving the Vehicle / co-driver/co-passenger/ family User with the Insurance authorities, investigators and other authorities and agencies dealing with third party claims arising out of the Vehicle.

21. Indemnity and Limitation of Liability  

21.1 You, including but not limited to Your properties, legal heirs, etc (in case of Your absence) agree and undertake unconditionally and irrevocably to indemnify and hold harmless Zoomcar and its parent company, directors, employees, officers, representatives and agents, from and against all losses, third party claims, damages, liabilities, injuries, demands, costs and expenses (“ Losses ”) arising out of, or as consequence of:

  (i) Your breach of any of the provisions of the Agreement;

  (ii) Infringement of any third party’s intellectual property by You; 

  (iii) Fraudulent and negligent actions by You; and

  (iv) Your breach or contravention of any applicable law in India.

You including but not limited to your legal heirs/ representatives/ guardians shall have final responsibility to Zoomcar for all such Losses. 

21.2 Notwithstanding anything contained in this Agreement, under no circumstance will Zoomcar be liable to any third-party for indirect, incidental, special, or consequential damages arising from or related to this Agreement or use of Zoomcar vehicles and availing of service by the User. The maximum limit of Zoomcar’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to the User or to any third party under this Agreement, for any and all claims shall not in exceed the amount of Booking fees paid by the User and other sums arising out of this Agreement, at that time.

21.3 The responsibility to indemnify set forth in this Clause shall survive the termination of this Agreement for any reason with regard to any indemnity claims arising in relation to the performance hereof.

22. Data Protection

22.1 Zoomcar captures, stores, processes and uses the User’s personal data, including, but not limited to, name, e-mail id, internet protocol address, copy of driving license image and duly attested colour image of Voter ID or Passport on the letter head of the electoral officer and police officer respectively under whose jurisdiction the address falls), and any other additional address cum identity proof, image of the customer, the usage and Vehicle data which relate to the User, to the extent this is necessary for the administration and implementation of this Agreement and the use of Our Vehicle by the User. 

22.2 Should third-party services be used, We have the right to forward the User’s Personal data to Our third-party service providers, to the extent it is required to fulfil Our objectives. 

22.3 We have the right to provide User’s personal data to third parties for the purposes of providing individualized offers, services, and other customized information / products to the Users. 

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

22.5 We shall have the right to disclose User information to Our parent company and to all companies controlled by Us 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 Us, in our sole and absolute discretion. 

22.6 Notwithstanding anything contrary contained herein, Users shall be governed by the privacy policy of Zoomcar on the Website. 

23. Cookies

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

23.2 Zoomcar shall also use Web beacon or other technologies, often in conjunction with cookies, to enhance its Service on a number of pages of Zoomcar’s website. A non-identifiable notice of a visitor’s visit to a page on Zoomcar’s site is generated and recorded, and which may be processed by Zoomcar or by Zoomcar’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.

23.3 Links to third party websites: Zoomcar’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. Zoomcar encourages its Users to learn about the privacy practices of those third parties.

23.4 Information Security: Zoomcar takes 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.

24. Representations and Warranties

24.1 By accessing and using the Website, You represent to Us that: 

  (i) You are not a minor (under the age of 18 years) under applicable laws and You have the authority to enter into legal contracts; and 

  (ii) the information You have provided to Zoomcar during the registration process and thereafter, including all information relating to use of Vehicle(s), whether or not posted on the Website, is to the best of Your knowledge, complete, truthful and accurate.

24.2 You also represent and warrant that You:

  (i) shall not allow any person who is not a User on the Platform to drive the Vehicle;

  (ii) while handing over the Vehicle or taking back the Vehicle or dealing with the Zoomcar’s Users/ other User, shall not do such acts which are unethical, unprofessional, inappropriate, engage in physically or verbally abusive or threatening conduct or which would in any manner bother or cause any harm, loss or injury (physical, mental, financial or otherwise) to Zoomcar’s Users.

  (iii) shall not take from Zoomcar’s Users any form of payment in cash or ask for any other advances in kind.

  (iv) shall always deal in a professional manner with Zoomcar’s agents, Users, other Users and employees.

  (v) have the full right and absolute authority to execute this Agreement and list the Vehicle on the Website in accordance with the terms of this Agreement.

  (vi) in connection with Your use of or access to the Website, shall not and You agree not to advocate, encourage, request, or assist any third party to: (a) harm or threaten to harm, Zoomcar’s end customers or any other Users, including "stalk" or harass them, or (b) collect or store any personally identifiable information except for purposes of transacting in accordance with this Agreement.

24.3 Zoomcar may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate Your access to the Website, upon Your breach or alleged breach of any of the above representations and warranties.

25. Jurisdiction and Dispute Resolution

25.1 Any Dispute, controversy or claims by or between, Zoomcar and the User, hereto arising out of or relating to or in connection with terms and conditions of this Agreement or transactions contemplated on Website, or the breach, termination, validity of any term under this Agreement shall be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator appointed by Zoomcar. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this Agreement to arbitrate shall be governed by the Laws of India. The venue of arbitration shall Bangalore, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees. 

25.2 Further;

  (i) Subject to Sub-clause (ii) below, the courts in Bangalore have the exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity.

  (ii) Nothing in this Clause shall (or shall be construed to) limit the right of Zoomcar to initiate proceedings against any User in accordance with Section 20 of the Civil Procedure Code, 1908. 

  (iii) Notwithstanding anything contained in the foregoing Sub-clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973. 

25.3 Users agree to pay reasonable attorneys' fees and costs to Zoomcar, in any legal proceeding relating to this Agreement, including appeals, where the respective court or forum pronounces the order in favour of Zoomcar. 

25.4 Users must not aid or encourage the filing of any third-party claim or lawsuit against Zoomcar and must cooperate fully with Zoomcar and Zoomcar’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and Zoomcar as co-defendants, should Zoomcar determine in its sole discretion that the User’s independent attorney has not aligned its defense with that of Zoomcar, Zoomcar shall be entitled to call upon the User to change his attorney to one advised by Zoomcar and the User shall accordingly change his attorney at his own cost. 

25.5 User must immediately notify and deliver to Zoomcar every summons, complaint, document, or notice of any kind received by the User in any way relating to an accident, theft, or other circumstances related to the Vehicle. 

26. General Clauses

26.1 This Agreement is intended for the benefit of the User and Zoomcar and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. 

26.2 Independent Contractors: Each party shall at all times be considered as an independent contractor and shall have no authority to assume or create any obligation whatsoever express or implied, in the name of the other party or to bind the other party in any way or manner. Nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party, or to create any fiduciary relationship between the parties.  

26.3 Severability: If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.

26.4 Entire Agreement: This Agreement (including but not limited to the weblinks hereto representing the Agreement, Fee Policy, Eligibility Criterion, Commercial and Operating Terms, etc.) constitutes the full and entire understanding and agreement between the Parties with respect to the subject matter hereof, and any other written or oral agreements relating to the subject matter hereof existing between Zoomcar and User are expressly cancelled. You agree to not rely on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to entering into this Agreement. 

26.5 No Waiver: No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Zoomcar. No waiver of default by You of any of the terms and conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the obligations, terms and conditions in this Agreement. 

26.6 Assignment or Transfer: The rights granted to Users under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Zoomcar shall be void and of no force and effect. Zoomcar reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.

26.7 No Agency: Users will never be deemed to be Zoomcar’s agent, servant, or employee in any manner for any purpose whatsoever. 

26.8 Further Assurance: Each party shall cooperate with the other party and execute and deliver to the other parties such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of this Agreement and to ensure the complete and prompt fulfilment, observance and performance of the provisions of this Agreement and generally that full effect is given to the provisions of this Agreement.

26.9 Force Majeure: If performance of any Service or obligation under the terms and conditions of this Agreement or any other provisions of the policies of the Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause, which are beyond the reasonable commercial control of Zoomcar or its third parties performing such services as sub-contractor to Zoomcar and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Zoomcar shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Zoomcar shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder. 

26.10 Notices / Communications: When You use the Website or send emails or other data, information or communication to Zoomcar, You agree and understand that You are communicating with Zoomcar through electronic records and You consent to receive communications via electronic records from Zoomcar periodically and as and when required. Zoomcar will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law. 

26.11 Feedback and Information: Any feedback You provide to Zoomcar shall be deemed to be non-confidential. Zoomcar reserves the right to use such information without any restriction. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of anybody including you and third parties; (ii) Zoomcar is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Zoomcar may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Zoomcar for the feedback under any circumstances.

To clarify, Zoomcar may at its discretion, make any modifications or changes to the Website, content and / or services based on such feedback, however Zoomcar shall not be obliged to do so. Further, in the event that Zoomcar makes any changes or modifications to the Website, content and / or services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, content and / or services. You expressly waive any and all rights in such changes or modifications to the Website, content and / or services, and assign to Zoomcar, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and / or services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, content and / or services.

27. Suspension & Termination

27.1 Zoomcar may immediately suspend or terminate the use of its service by any User who does not meet Zoomcar’s driving eligibility requirements or for any unreasonable or inappropriate use of a Zoomcar vehicle, as determined by Zoomcar in its sole discretion or for violation of any of provisions mentioned in this Agreement.

27.2 This Agreement shall continue to apply until terminated in accordance with this Clause.

27.3 If You want to terminate Your agreement with Zoomcar, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Bookings, where Zoomcar has made this option available to You, as the case may be.

27.4 We shall have the sole discretion to suspend or terminate this Agreement by providing 30 days’ prior notice to You. However, we may, at any time, with or without notice, suspend or terminate this Agreement if:

  (i) We required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; 

  (ii) the provision of the Services to You by Zoomcar is, in Our sole discretion, no longer commercially viable; 

  (iii) the Vehicle is being used for a commercial purpose and not for Your personal use, determined in Our sole discretion;

  (iv) Zoomcar has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); 

  (v) default in payment of Booking fees as per terms of this Agreement;

  (vi) violation of any terms, conditions and obligations of this Agreement; or 

  (vii) in the event Zoomcar faces any unexpected technical issues or problems that prevent the Website and / or Services from working. 

  (viii) Other unforeseen circumstances.

27.5 The User hereby agrees that any violation by You of the Agreement will cause irreparable harm to Zoomcar, for which monetary damages may be inadequate, and You consent to Zoomcar obtaining any injunctive or equitable relief that Zoomcar deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Zoomcar may have at law or in equity.

27.6 Upon termination of the Agreement, the Booking shall end, and the User shall handover the Vehicle to Us. Zoomcar shall in no way be responsible for any liabilities in relation to the Vehicle.

27.7 Zoomcar may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any content uploaded by You; and (iii) prohibiting further use of the Services. 

27.8 You also agree that any violation by You of the Agreement will cause irreparable harm to Zoomcar, for which monetary damages may be inadequate, and You consent to Zoomcar obtaining any injunctive or equitable relief that Zoomcar deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Zoomcar may have at law or in equity. 

27.9 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Zoomcar chooses to terminate them.

28. Provisions for Traveller of Chauffeur Driven Vehicles

28.1 Zoomcar provides its Users with an option of Booking chauffeur driven vehicles. 

28.2 Zoomcar or the driver on duty has the right to refuse this service in the following circumstances: (i) if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance; b) if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of Zoomcar’ s vehicle.

28.3 Zoomcar declares that the User opting for chauffeur driven vehicles must not drive the vehicle Booked by it and consequently provisions of Clauses 2, 5, 6, 7.5, 7.6, 7.7,  8, 12.3, 18.3 of this User Agreement will not be applicable to such User. It is hereby clarified that all other provisions of this User Agreement will be applicable to such User mutatis-mutandis.

28.4 Zoomcar shall not be liable for any compensation, if the User misses his/her next scheduled programmes viz next journey via train/ flight/bus, conference, functions, meetings, festivals etc. Further, Zoomcar disclaims any and all liability with respect to any issues of the driver, which attributes and directly relates to the personality of an individual including but not limited to behaviour, actions, voices, conduct, negligence etc.

28.5 If the User has any complaints in respect of the services or the conduct of the driver, the User must inform Zoomcar about the same in writing during the continuation of ride/trip.

28.6 For Users in Delhi & NCR: With effect from 1st April 2016, none of Zoomcar’s vehicles in Delhi & NCR can be booked or used exclusively for journeys within Delhi & NCR for the entire Booking Period. Zoomcar makes it abundantly clear that the minimum Booking Period shall be 6 hour and all the Users in Delhi & NCR must ensure that Zoomcar’s vehicle can be used only if it is possible to accomplish the journey including the destination outside Delhi & NCR within the opted Booking Period.

Last updated May 18, 2020

Privacy Policy



THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.


THE TERMS "WE/US/OUR/ZOOMCAR" INDIVIDUALLY AND COLLECTIVELY REFER TO ZOOMCAR INDIA PRIVATE LIMITED AND THE TERMS "YOU/YOUR/YOURSELF" REFER TO THE USERS/MEMBERS UNDER MEMBERHSIP AGREEMENT. 

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND ZOOMCAR (BOTH TERMS DEFINED ABOVE).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL & IRREVOCALBLE CONSENT TO ZOOMCAR FOR THE PURPOSES PRESCRIBED UNDER INCLUDING BUT NOT LIMITED TO PROVISIONS OF SECTIONS 43A, 72 AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

This Privacy Policy (the “Policy”) sets out how ZOOMCAR collects, uses, protects & shares any information that you give to us, when you use this website i.e. www.zoomcar.com including its m-application (the “Website”). ZOOMCAR is committed to ensure that your privacy is protected to all possible, reasonable and commercial extent, as your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about You in order to provide, protect, maintain and improve our services, We feel You should fully understand the Policy surrounding the capture and use of that information and solicit Your full attention towards it.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by ZOOMCAR, as specified under this Policy. You further represent and warrant that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person. 

This Policy is a legally binding contract between You and ZOOMCAR, whose Website, You use or access or You otherwise deal with. This Policy shall be read together with the other terms and condition of the Website viz, Membership Agreement and Fees Policy being displayed on the website
www.zoomcar.com.

Collection, Storage and Use of Personal Information:

When You apply for or maintain an account with ZOOMCAR, We collect certain personally identifiable information (“Personal Information”), such as: Your name, age, gender, photograph, contact preferences telephone number, mailing address, including but not limited to permanent and current residential addresses, e-mail address, financial information, internet protocol address, history of Your transactions ( booking and payment history), any other items of sensitive personal data or information, as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000, identification code of Your communication device which You use to access the Website, any other information that You provide during Your registration, use of availing of services via Website and other relevant documents viz; driving license and additional address cum identity proofs, as prescribed under the Membership Agreement of ZOOMCAR. By providing information to create a user account or complete Your user profile, You expressly and voluntarily accept this Policy and You shall be deemed to have voluntarily consented to authenticate Yourself with a government issued photo identity document which also contains your address, other than driver’s licence, (hereafter “Government-issued ID”) and hereby give Your voluntary consent for seeding identification details as provided in Government-issued ID to all Membership requirements and to provide Your identity information for authentication for the purpose of availing of the Services and to enforce any breach committed by you of the Memberships Agreement through police, government/enforcement authority or court of law.

In pursuit of excellence in the services offered few 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 ZOOMCAR’S service, and we endeavour not to make your location or movements’ public unless it is required under personal, medical and legal (recovery and insurance) exigencies. As part of our service, the location of your vehicle may be released to insurance companies, the police, courts, tribunals or similar law enforcement agencies, in the course of an investigation and/or accident claim, and to provide assistance in emergencies. Information regarding the location of each vehicle on ZOOMCAR’s Website is also transmitted to ZOOMCAR.

Driver and vehicle Information: As a member of ZOOMCAR’s Website, you authorize us to access Your driver’s record, vehicle travelled history report pertaining to Your ride/trip from all applicable entities and authorities’. 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 travel history.

You have the right to request to ZOOMCAR to discontinue the use of Your personal information. To withdraw Your consent to our collection and processing of Your information in future, You may do so by closing your account.

As you access and use our services we collect information such as, but not limited to - phone number, email address, device make-details and IP address. We may disclose to third party services like Get Simpl certain information to ensure fraud prevention and PayLater check out experience. Please refer to the third party privacy policy for more details.

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 browser You use, 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 ZOOMCAR’s services.

Third-party ad servers or ad networks may serve advertisements on the Website. These third-party ad servers or ad networks may automatically receive Your internet protocol address, when they serve ads to Your Internet browser. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. However, please note that if an advertiser asks ZOOMCAR to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that You fit the description of the audience they are trying to reach. ZOOMCAR’S Policy does not apply to, and we cannot control the activities of, third-party advertisers.

Cookies:

We use various technologies, including “cookies”, to collect non-identifiable information. A cookie is a piece of data that any website can send to Your browser, which may then be stored on Your computer as an anonymous tag that identifies Your computer but not You. To enhance Our Service, some ZOOMCAR pages use cookies, sent by ZOOMCAR or its third party vendors, or other technologies. You may control the effect of cookies through Your browser settings, however some features of ZOOMCAR’s Service may not work properly if Your use of cookies is disabled.

We may also use Web beacon or other technologies, often in conjunction with cookies, to enhance Our Service on a number of pages of ZOOMCAR’s Website. A non-identifiable notice of a visitor’s visit to a page on ZOOMCAR’s site is generated and recorded, and which may be processed by us or by Our suppliers. To disable some of these features, You may disable cookies in Your 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.

Information Sharing:

ZOOMCAR only shares Personal Information with third parties in the following limited circumstances:

i) To provide other businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on Our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

ii) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions of the Website including but not limited to Membership Agreement, Privacy Policy and Fees Policy, which may be further extended to investigation of potential violations thereof, or (d) protect against harm to the rights, safety or property of ZOOMCAR, its Users or the public as required or permitted by law.

iii) To protect and recover ZOOMAR’s assets viz; vehicles/ outstanding.

iv) To protect Ourselves against third-party claims.

v) We reserve the right to transfer any/all personal information We have about You in the event that We sell or transfer all or a portion of Our business or assets.

vi) We partner with outside companies to provide You with additional services related to ZOOMCAR, such as ride-sharing, referral programmes or parking benefits. When You purchase, register, or otherwise express interest in a product or service offered by a third party through ZOOMCAR or sponsored on Our Website, 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 ZOOMCAR to share Your personal information with those parties. A third party’s use of Your information is bound by contracts and agreements between ZOOMCAR and the third party. We only share information reasonably needed to provide additional services, and such shared information may be bound by other privacy arrangements. By sharing this information, You agree that ZOOMCAR is not liable or responsible for the actions or inactions of third parties.

vii) ZOOMCAR may transfer/disclose/share information to those parties who support Our business, such as providing technical infrastructure services, analysing how Our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys.

Links to Third-Party Websites:

This Website may contain links to third-party websites, products, and services. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties. We cannot be responsible for these policies.

Information Security & Retention:

We take precautions – including administrative, technical and physical measures – to safeguard Your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access. For this purpose, ZOOMCAR adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems, where ZOOMCAR stores Your Personal Information., provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release ZOOMCAR from any claim of damages under contract or under tort.

When You use Our services or post on the Website, 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 Website, that information is public. 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.

ZOOMCAR may share Your Information with third parties under a confidentiality arrangement, which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purposes defined under the respective confidentiality arrangements. However, ZOOMCAR is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. ZOOMCAR is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

Notwithstanding anything contained in this Policy or elsewhere, ZOOMCAR shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond the reasonable control of ZOOMCAR and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable commercial control of ZOOMCAR), power or electricity failure or unavailability of adequate power or electricity.

While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. Please exercise reasonable caution when determining what Personal Information You disclose via the Website.

You agree that all Personal Information shall be retained till such time required for the purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

Updates to the Policy:

Please note that this Policy may change from time to time. We will post any Policy changes on the Website and without prior notice to You. Please review the Policy each time You use the Website. By Your continued use of the Website, You impliedly consent to the terms of the revised/updated Policy, if any.

Grievance Officer:

If You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Policy or any terms of ZOOMCAR’s Membership Agreement, Privacy Policy, Fees Policy etc. please contact the following:

Mr. Arnab Bose, the designated grievance officer under Information Technology Act, 2000  E-mail: grievanceofficer@zoomcar.com.

Miscellaneous:

While ZOOMCAR may retain any correspondence sent by You, it does not intend to collect or save any information from children 15 years of age and younger.

ZOOMCAR reserves the right to remove or edit content, refuse service, terminate accounts, or cancel plans or orders at its sole discretion.

GOING OUTSTATION?

Zoomcar vehicles are  equipped with an All India Permit  so that the entire Sub-Continent is at your fingertips! You are free to travel outside the state you picked up the car.

When you enter a new state, always remember to stop at the first RTO check post. The signs are always well marked and you will find that all cabs and self-drive rental vehicles are stopping there too.


At the RTO checkpost:

Securely park your Zoomcar vehicle
Ensure that you are carrying your original driver's license
Fetch all the required documents from the vehicle to the RTO officer
Make the cash payment for the visitor permit

PLEASE NOTE: 

In no set of circumstances should you have to pay any additional cash fine or penalty. It is NOT required that you have a special driver's license designation or badge in order to operate Zoomcar’s vehicles!

Temporary/Special Permits:

In order to cross Indian State lines in a commercial vehicle, it is required that the vehicle has the necessary entry permit. Please see below for details as the precise charges differ State by State.


The charges represented below are approximations of the amount, you will owe at the time of State entry.  Please remember that all payments are to be made in cash against valid challans unless expressly instructed by the relevant check post authorities otherwise.

Please refer to  Zoomcar's Fee Policy  for details of costs which are reimbursable by Zoomcar.

Disclaimer:

Charges represented are approximation only and the same is subject to change without prior notice, at the sole discretion and direction of the respective State.
Vehicle Capacity: 5

Validity Period

Permit Cost

Annual

₹2,670

Vehicle Capacity: 7

Validity Period

Permit Cost

Annual

₹2,700

* Reimbursable by Zoomcar.

Vehicle Capacity: 6

Validity Period

Permit Cost

15 Days

₹140

6 Months

₹220

Vehicle Capacity: All

Validity Period

Permit Cost

14 Days

₹100

Vehicle Capacity: 5

Validity Period

Permit Cost

Annual

₹3,000

Vehicle Capacity: 7

Validity Period

Permit Cost

Annual

₹5,000

Vehicle Capacity: 5

Validity Period

Permit Cost

7 Days

₹300

7-14 Days

₹500

14-30 Days

₹800

Above 30 Days

₹800 + ₹200 for every 7 days

Vehicle Capacity: More than 6 Upto 15

Validity Period

Permit Cost

7 Days

₹2,200

7-14 Days

₹4,000

14-30 Days

₹7,200

Above 30 Days

₹7,200 + ₹1,800 for every 7 days

Vehicle Capacity: All

Validity Period

Permit Cost

Per Entry

₹100

Vehicle Capacity: All

Validity Period

Permit Cost

First 3 Days

₹300

Next 4 Days

₹300

Subsequent Week

₹300

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Week

₹100

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Month

₹200

Vehicle Capacity: All

Validity Period

Permit Cost

1 Day

₹100

Vehicle Capacity: All

Validity Period

Permit Cost

1 Month

₹1,200

Vehicle Capacity: All

Validity Period

Permit Cost

3 Months

₹600 + Handling Charges

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Day

₹60 + Handing Charges

Vehicle Capacity: 6

Validity Period

Permit Cost

1 Day

₹100 + Handing Charges

Advisory: We advise our customers to exercise caution if they are travelling to Ladakh. The taxi unions in Ladakh occasionally prevent non-local vehicles from plying to certain destinations and tourists are forced to use the services of local cab operators.

Vehicle Capacity: 5

Validity Period

Permit Cost

7 Days

₹400

Vehicle Capacity: 6

Validity Period

Permit Cost

7 Days

₹700

Vehicle Capacity: 5

Validity Period

Permit Cost

Annual

₹1,700

Vehicle Capacity: 7

Validity Period

Permit Cost

Annual

₹6,000

Vehicle Capacity: Per Seat (Excluding Driver)

Validity Period

Permit Cost

Per Day

₹50 Permit Charge + ₹50 Tax

Vehicle Capacity: 5

Validity Period

Permit Cost

Annual

₹10,000

Vehicle Capacity: 7

Validity Period

Permit Cost

Annual

₹14,000

Vehicle Capacity: All

Validity Period

Permit Cost

15 Days

₹140

6 Months

₹220

Vehicle Capacity: All

Validity Period

Permit Cost

15 Days

₹140

6 Months

₹220

Vehicle Capacity: 5

Validity Period

Permit Cost

7 Days

₹110

Vehicle Capacity: 7

Validity Period

Permit Cost

2 Days

₹250

Vehicle Capacity: All

Validity Period

Permit Cost

1 Day

₹220

3 Months

₹6000

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Day

₹158

1 Month

₹1,155

Vehicle Capacity: 6

Validity Period

Permit Cost

1 Day

₹462

1 Month

₹1,870

Vehicle Capacity: All

Validity Period

Permit Cost

1 Day

₹100

Vehicle Capacity: 5

Validity Period

Permit Cost

6 Days/One Round Trip

₹100

Vehicle Capacity: 7

Validity Period

Permit Cost

7 Days

₹470

Vehicle Capacity: 5

Validity Period

Permit Cost

3 Months

₹670

Vehicle Capacity: 7

Validity Period

Permit Cost

3 Months

₹670

* Reimbursable by Zoomcar for Bangalore bookings.

Vehicle Capacity: All

Validity Period

Permit Cost

7 Days

₹15

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Day

₹180

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Day

₹240

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Day

₹120

1 Month

₹1,440

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Day

₹180

1 Month

₹2,160

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Year

₹4,600

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Year

₹15,000

Vehicle Capacity: All

Validity Period

Permit Cost

14 Days

₹200

Vehicle Capacity: 6

Validity Period

Permit Cost

Quarterly/Annual

₹975/₹3600

Vehicle Capacity: 7 to 12

Validity Period

Permit Cost

Quarterly/Annual

₹1125/₹4275

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Month

₹685

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Month

₹1100

Vehicle Capacity: 5

Validity Period

Permit Cost

1 Month

₹401

Vehicle Capacity: 7

Validity Period

Permit Cost

1 Month

₹268

Disclaimer

Charges represented are approximations only. All costs subject to change without prior notice, at the discretion of the State.