This CAR RENTAL AGREEMENT (“Agreement”) is made and entered on this Saturday of 20-Apr, 2024 (“Effective Date”) at .

, a private limited company incorporated under the laws of India/ a partnership firm registered under the laws of India/Sole Proprietorship/Individuals having address at , (hereinafter referred as the Car Owner and which term shall unless excluded by or repugnant to the context shall mean and include its successors, administrators and assignees etc. ) of the FIRST PART.

Phone no : ,Email Address: (hereinafter referred as the “Customer” and which term shall unless excluded by or repugnant to the context shall mean and include his/her legal heirs and representatives etc. ) of the SECOND PART.

Myles Automotive Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 9th Floor, Videocon Tower, E1 Block, Jhandewalan Extension, New Delhi – 110055 (hereinafter referred as “Myles”) and which term shall unless excluded by or repugnant to the context shall mean and include its successors, administrators and assignees etc.) of the THIRD PART.

The Car Owner,the Customer and Myles may be collectively referred to as the ‘Parties’ and individually as ‘Party’.

1. Myles is operating an online portal, www.mylescars.com , to facilitate the business of providing self driven car services by the Car Owner to the Customer who are desirous of availing such services through the online portal;
2. The Car Owner is,inter alia, engaged in the business of providing self driven cars on rental basis and has registered it's self drive car ("Vehicle") on the online portal provided by Myles.
3. The Car Owner is in the possession of the Vehicle and the Vehicle is registered as a commercial vehicle in the name of the Owner, for the purposes of compliance with Motor Vehicle Act, 1988 (the “Act” ) and the provisions thereof.
4. The Customer wishes to rent the Vehicle on a rental basis and has therefore approached the Car Owner, through the online portal provided by Myles, for the purposes of availing the services of the Car Owner of renting out self driven cars as described in the Rental Order (defined hereinafter), for a particular duration and for plying the Vehicle within India as per details mentioned therein.
5. The Car Owner has agreed to rent and the Customer has agreed to take on rent the Vehicle, as may be chosen from the available Vehicles on the web portal of Myles, on and subject to the mutually agreed terms and conditions appearing hereinafter.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. Renting of Vehicles

• 1.1 The Car Owner hereby agrees to rent to the Customer and the Customer hereby agrees to take on rent the Vehicle, upon placement of the order for Vehicle specifying the type of the Vehicle, time period for which the Vehicle is to be used by the Customer, the destination where the Customer intends to take the Vehicle ("Rental Order"), subject to all the terms and conditions contained herein. Loss damage waiver is an optional add on product to cover extra risks. Loss damage waiver product coverage are mentioned in Schedule "A"
• 1.2 The Customer shall simultaneously with the placement of the Rental Order, submit through the online portal of Myles with the Car Owner a copy of valid driving license, passport /Aadhaar Card of the Customer and any other document that may be required by the Car Owner. The Customer hereby represents and warrants that the Customer shall submit genuine, correct and accurate documents, set out in this Clause, to the Car Owner.
• 1.3 The Car Owner upon the receipt of the Rental Order and upon receipt of the rental amount as specified in the website shall confirm the booking and the Car Owner shall send confirmation e-mail to the Customer, through the online portal of Myles. The Customer shall thereafter reach the designated location, as informed by the Car Owner and the possession of the Vehicle along with the documents in relation to the Vehicle as appended in Annexure B to this Agreement ("Vehicle Documents") shall be handed over by the Car Owner to the Customer for rental purposes ("Rental Period"). If the Customer does not show up for picking up the Vehicle within 2 hours of scheduled pick up time, the booking for the said Vehicle shall be considered as no show and be cancelled and complete booking amount will be forfeited and Loss damage waiver amount (if opted at the time of vehicle booking). The hourly and daily rental terms and conditions with respect to the renting of the Vehicles under this Agreement are appended as Annexure A. All the bookings which are for duration of less than 24 hours will be considered as Hourly bookings and the bookings which are for duration of 24 hours or more will be considered as Daily bookings.
• 1.4 The Customer hereby authorizes the Car Owner and/or Myles to use the debit/credit card of the Customer to debit payments due to the Car Owner in terms of this Agreement, including but not limited to:
  1. any shortfall or failure to pay inter-state taxes/ duties/ tolls or any other government tax and levy during the Rental Period stated under the Rental Order;
  2. any challan raised against the Car Owner and/or Myles;
  3. any charges in respect of the extension of the Rental Period stated in the Rental Order;
  4. any damage, loss or injury to the Vehicle;
  5. any expense pertaining to the service availed by the Customer from the Car Owner and/or Myles;
  through irrevocable standing instructions issued by the Customer in the format appended as Annexure C to this Agreement ("Standing Instructions"). The Standing instructions shall remain valid for a period of 15 days from the date of handing over of possession of the Vehicle by the Customer to the Car Owner and shall be used in any event and towards all reimbursements, expenses, losses, costs, which has not been covered by the Security Deposit or the payment made by the Customer, or under any other provision of this Agreement. In the event that any additional information/ execution of further documents is required, the Customer undertakes to provide such information/ execute documents at the request of the Car Owner or Myles.
• 1.5 In the event of the driving license being changed, altered, expired or renewed during the term of this Agreement, a copy of the same shall be uploaded by the Customer on the web portal www.mylescars.com [OR] a copy of the same shall be handed over to the Car Owner within 24 hours of such renewal of the driving license. However, in the event the driving license of the Customer has expired or has become invalid for any reason whatsoever, during the period where the Vehicle is in possession of the Customer for its use, the Customer shall within 24 hours of the driving license of the Customer having expired or having become invalid, shall hand over the possession of the Vehicle to the Car Owner along with the Vehicle Documents.
• 1.6 In the event where Customer anticipates delay in car return, he has three modes to intimate the delay: Customer shall either extend the booking from Myles website or App or Customer shall contact the Customer Care Department of Myles and in case where he is unable to do either of the above two then the Customer shall inform the delay to the Car Owner via e-mail with a copy to corporate@mylescars.com . However, extension is subject to the availability of the car. Reporting time in such cases shall be calculated from the time of dispatching of the e-mail by the Customer.
• 1.7 In the event where Customer has a booking against a car, he/she is not allowed to make fresh booking for himself, however, may request an extension of previous booking made by him/her subject to the availability of the Vehicle. In this case, the Customer has to return the previous booking car on the scheduled drop time or else face extension/late return charges and pick up car against new booking on scheduled time or face no-show case. Extension of booking shall be made subject to approval of the Car Owner and all other situations shall be treated as violation of terms and conditions of the Agreement. In the event that the Vehicle is not available, the Customer has to return the previously booked Vehicle.
• 1.8 In the event the Customer desires to extend the period of renting of Vehicle beyond the Rental Period and intimates the Car Owner later than 2 hours prior to expiry of the Rental Period for hourly bookings/24 hours for daily bookings; the Car Owner may extend the period of rent of the Vehicle beyond the period of Rental Period ("Additional Period") depending upon the availability of the Vehicle, to the sole satisfaction and discretion of the Car Owner. In case the Car Owner grants the approval of the Vehicle to be rented for extended period, the same shall be treated as late return, thereby attracting a surcharge of 50% in addition to the actual rental amount and Loss damage waiver amount shall be applicable (if opted at the time of vehicle booking) for the duration of all types of bookings. In case of late return, the customer shall get additional free kilometers calculated on the basis on booking package type and duration of late return period.
• 1.9 n the event the Customer desires to extend the period of renting of Vehicle beyond the Rental Period and informs about the same before 2 hours prior to scheduled drop time in case of hourly bookings/24 hours prior to scheduled drop time in case of daily bookings, and the Vehicle is available to be rented to the Customer for the extended period, the Car Owner will grant the approval of the Vehicle to be rented for extended period whereby booking extension shall attract a surcharge of 30% in addition to actual rental amount and Loss damage waiver amount applicable (if opted at the time of vehicle booking) for the duration for all types of bookings. The Customer shall not be entitled to use the Vehicle beyond the extended period, and the Customer shall hand over the possession of the Vehicle along with the Vehicle Documents prior to the expiry of such extended period. In case of extension, the customer shall get additional free kilometers calculated on the basis on booking package type and duration of Extended period.
• 1.10 The Customer shall be charged 100% of the actual rental amount and Loss damage waiver amount (if opted at the time of vehicle booking) mentioned in the invoice, in addition to such rental amount for such extra period of unauthorized renting of Vehicle, , by the Customer in the event:
  1. Customer rents the Vehicle beyond the Rental Period without seeking an approval from the Car Owner in the manner provided in this Agreement; or Customer uses the Vehicle beyond the Rental Period, where the approval has been sought by the Customer but the Car Owner has not approved the renting of Vehicle beyond the Rental Period, or Customer has sought the approval of the Car Owner for the Additional Period but does not make the payment of amounts due for the Additional Period; or
  2. Customer uses the Vehicle beyond the Additional Period; or
  3. Where the Customer does not hand over the possession of the Vehicle along with the Vehicle Documents upon the expiry or termination, whichever is earlier, of the Rental Period, where the Additional Period has not been approved/granted by the Car Owner, or the Additional Period. The Car Owner, in the cases of occurrence of the events set out above in this Clause, shall send a payment link for settling of respective charges to the Customer and it shall be the responsibility of the Customer to settle the relevant amount claimed by the Car Owner within 4 hours or alternatively shall be entitled to utilise the standing instructions provided by the Customer for debits towards the requisite payments under the Agreement. In cases where the Customer fails to settle the respective charges within the time stipulated, the Car Owner shall have a right to debit/deduct such amount from the Designated Account of the Customer through the Standing Instructions as well as through Security Deposit or recover the amount from customer.
• 1.11 Notwithstanding the debit of the amount as specified in Clause 1.10 above of this Agreement, the Car Owner shall have a right to re-possess the Vehicle upon the termination of the Rental Period/Additional Period.
• 1.12 Payment of any nature including charge/fees payable under this Agreement shall not be allowed to be made in cash. The Customer hereby authorizes the Car Owner to charge its debit card/credit card/third party wallets for which he shall submit the necessary details at the time of placing the Rental order towards the amounts due under this Agreement including applicable Rental charges, penalties and damages etc.

2. Obligations of the Customer

• 2.1 The Customer represents and warrants the Car Owner that the Vehicle rented to it by the Car Owner shall be self-driven by the Customer only and the Customer shall not assign/sub rent/license the rights or obligations in the Vehicle or under this Agreement to any other person whatsoever and shall not take the vehicle beyond the destination agreed with the Car Owner at the time of its booking, without prior proper intimation to the Car Owner. In the event of breach of this Clause, all liabilities in relation to the Vehicle will be passed on to Customer apart from forfeiting Security Deposit and booking amount.
• 2.2 In case the Vehicle is supposed to be driven by any other person apart from the Customer, the Customer shall ensure that such driver is holding & carrying a valid driving license and the Customer shall obtain prior written consent of the Car Owner for such person at the time of placing the Rental Order, such that the additional driver’s name, driving license or any other document as may be demanded by the Car Owner must be submitted along with the Rental Order and the same is approved by the Car Owner. In the event the Customer allows or permits use of the Vehicle by any person other than the Customer without obtaining a prior written approval from the Car Owner, the Customer shall be liable to pay damages to the tune of Rs. 5000 to the Car Owner for each such unauthorized use of the Vehicle other than the forfeiture of the security deposit to the Car Owner.
• 2.3 The Customer agrees that he will return the Vehicle, together with all its tyres, tools, Vehicle documents, accessories and equipment, to the agreed return location specified on the date specified in the invoice, unless the Customer requests and Car Owner agrees to an extension in writing or sooner upon demand being made by the Car Owner. In the event where the Customer desires to return the Vehicle before scheduled time, he shall not be entitled to get/claim any refund/waiver for the balanced period for which the Vehicle was booked, under this Agreement. The Customer shall ensure that the Vehicle, along with accessories and requisite documents, are in proper operating condition, clean and fit for the purpose for which it is required, to the satisfaction of the Car Owner. The Customer shall ensure that five tyres are in good condition without puncture or any other defect that renders the tyres non workable.
• 2.4 In event of damage caused to any part of the Vehicle or any accessory thereof, other than normal wear and tear thereof, the Customer agrees to repair and/or replace the same forthwith at his/her own expense with a part/accessory/tyre of the same dimension/brand and in equivalent state of wear at its own cost. The odometer and accessories of the Vehicle shall not be damaged//tampered and in case it is done, the Customer is liable for the replacement of the same at its own cost. No parts of the Vehicle shall be replaced without obtaining a prior written consent of the Car Owner.
• 2.5 The Customer shall return the possession of the Vehicle to the Car Owner in the condition, subject to normal wear and tear in which the delivery of the same was taken. In the event, upon the handing over of the Vehicle by the Customer, the Car Owner finds any defect in the Vehicle or any part or accessory of the Vehicle is damaged or defective, the Car Owner shall deduct such amount as required for repairing such defect in Vehicle from the Security Deposit/through Standing Instructions or recover from customer. In cases of latent or hidden defect which the Car Owner discovers within a period of 15 days from the date of handing over the possession of the Vehicle by the Customer, the Car Owner shall deduct/debit such amount equivalent to the cost of repairing such defect in Vehicle from the Security Deposit/through Standing Instructions. The Customer shall be refunded with the unadjusted amount of Security Deposit after expiry of aforesaid period of 15 days or Car Owner shall recover from Customer.
• 2.6 The Customer shall pay all the toll taxes and other taxes linked with usage of the vehicles in as per the applicable laws. The Customer shall pay the state entry tax as per the applicable laws irrespective of the period of rent of the Vehicle.
• 2.7 The Customer shall hand over the possession of the Vehicle to the Car Owner upon the expiry or termination, as may be the case, of the Rental Period or Additional Period, as may be the case, of the Vehicle. The Vehicle Documents shall be handed over to the Car Owner by the Customer simultaneously with handing over of the possession of the Vehicle to the Car Owner with any demur of delay. The Customer hereby acknowledges and agrees that the Security Deposit amount shall be returned by the Car Owner only after 15 days of handing over possession of the Vehicles along with Vehicle Documents and it shall not raise any objection to the same in any manner whatsoever. The Customer hereby acknowledges and agrees that the said period of 15days is taken by the Car Owner to found any latent or hidden defect in the Vehicles caused by the Customer , which is sufficient and shall not be objected by the Customer in future in any manner whatsoever. In case of any defect which is revealed subsequently to the handing over of the vehicle to the Car Owner by the Customer, then the Car Owner reserves a right to take appropriate legal recourse against the Customer and all the dues against the Customer shall be charged at the rate of 24% from the date of booking to the date of its realization to the Car Owner by the Customer.
• 2.8 It shall be the responsibility of the Customer to take care of all its belongings in the Vehicle and check the same at the time of handing over the possession of the Vehicle or at the time of repossession of the Vehicles by the Car Owner in terms of this Agreement. The Car Owner shall not be liable for loss or damage to any belongings of the Customer and the Customer shall not claim from the Car Owner for the loss or damage of any of its belongings.
• 2.9 The Customer shall neither use nor allow the Vehicle to be used for any illegal or unlawful activity or for any other purposes contrary to the provisions of the applicable laws.
• 2.10 The Customer shall neither consume nor allow the consumption of alcohol, tobacco, cigarettes or any contraband or psychotropic substance in the Vehicle.
• 2.11 The Customer shall neither carry or allow or cause any person to carry any arms, ammunition or inflammable or explosive substance inside the Vehicle.
• 2.12 The Customer shall be solely liable for cost of all fuel consumed, unless the same is covered in the package while booking the Vehicle, during the Rental Period and/or Additional Period (as may be the case) and the restoration.
• 2.13 The Customer hereby acknowledges and agrees to the following:
  1. Handing over the Vehicle in the same good order and condition to the satisfaction of the Car Owner;
  2. The Customer shall use the Vehicle in a defined and stipulated area.
  3. The Customer shall maintain the Vehicle as a prudent man.
  4. In case of daily bookings, the vehicle will be provided with a full tank of fuel. The Vehicle will be restored with the Car Owner with a full tank of fuel, in respect of daily bookings, and in the case of hourly bookings, same amount of fuel in it as was provided at the time of handing it over to the Customer. In the event Customer does not provide the fuel as has been mentioned in the aforesaid clause, the Customer will be charged for short fuel along with 50% surcharge on fuel price.
• 2.14 That the Customer agrees that after being handed over with the possession of the Vehicle, the Vehicle shall not be operated:
  1. To transport goods in violation of Customs regulations or in any other illegal manner.
  2. To carry passengers or property for a consideration express or implied;
  3. To propel or tow any Vehicle or trailer without obtaining a prior written consent of the Car Owner;
  4. In motor sport events (including racing pace making, reliability trials, driving lessons speed testing and any other events of similar nature):
  5. By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed by the applicable law; f) By any person other than the Customer or any person(s) nominated or employed by the Customer who is approved by the Car Owner; who is at least 21 years of age or older as stated on the Car Owner’s tariff, is duly qualified and holds and has held a current valid full driving license for at least one year, or in the case of breakdown or accident, a motor Vehicle repairer provided that he is duly qualified and licensed.
  6. Outside geographical boundaries of the Republic of India.
  7. Customer will not take a Vehicle to high terrain areas, terrorism/naxal affected areas.
• 2.15 The Customer is personally liable to pay the Car Owner on demand:
  1. A mileage charge computed at the rate specified in enclosed invoice for the mileage covered by the Vehicle until the Vehicle is returned (the number of miles over which the Vehicle is operated shall be determined by reading the odometer installed by the manufacturer, if odometer fails the mileage charge shall be calculated from the road map distance of the journey traveled):
  2. Time, damage waiver (if any), personal accident insurance (if any), pick up service, drop service. Fuel and miscellaneous charges at the rates specified in invoice.
  3. All fines and court costs for parking, traffic or other legal violations assessed against the Vehicle, the Customer, other driver or the Car Owner until the Vehicle is returned, except where caused through fault of the Car Owner.
  4. The Car Owner's cost, including reasonable legal fees where permitted by law, incurred collecting payments due from the Customer hereunder, and
  5. The Car Owner's cost for repairing collision or upset damages to the Vehicle, provided, however, if the Vehicle is operated in accordance with all the terms hereof, the Customer’s liability for such damage shall be waived if the Customer has purchased the Myles Secure in advance subject to damage waiver policy. The details of the Myles Secure (Product Coverage) are provided in Schedule A of this Agreement.
  6. GST (Goods and Service Tax) and all other applicable taxes shall be payable extra and in addition to the rental amount.
     All the above expenses shall be adjusted from the Security Deposit (as defined below) or recovered from customer or as per the standing instructions provided by the Customer to debit the said expenses in terms of the Agreement. In the above, if the expenses exceed the amount of Security Deposit, the Customer shall pay any applicable extra amount to the Car Owner. Car Owner reserves the right to recover the same from the Customer.
• 2.16 That the Customer undertakes to take all necessary steps to protect the interest of the Car Owner and the Car Owner's insurance company and shall ensure that the Vehicle is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance.
• 2.17 The Customer shall not do or allow to be done any act or thing where by any such policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance. The Customer and any authorized Customer shall further participate as an insured under an automobile insurance policy. The Customer is bound by and agrees to the terms and conditions thereof. The Customer agrees further to protect the interests of the Car Owner and its insurance company in case of accident or theft by doing the following, as applicable:
  1. By co-operating with the Car Owner to comply with necessary documentation and other formalities required for claiming insurance.
  2. Obtaining names and addresses of the parties involved, and of witnesses;
  3. Not admitting liability or guilt or giving money to any persons involved;
  4. Not abandoning the Vehicle without adequate provision for safeguarding and securing same.
  5. Calling the Car Owner within 24 hours by telephone and forward a copy of FIR (if applicable) even in case of slight damage; further completing the Car Owner's accident report including diagram as required on return of Vehicle; and
  6. Notifying the police immediately if another party's guilt has to be ascertained, or if any person is injured.
• 2.18 The Car Owner hereby declines that it has no responsibility for subjects left in the Vehicle during the Rental Period of the Vehicle. The Car Owner further declares that it has no responsibility for injury to third parties or damages to the Vehicle, which the Customer may cause during the Rental Period or Additional Period.
• 2.19 The Car Owner whilst taking all precautions and using its best efforts to prevent such happening shall not be liable for any loss or damage arising from any fault or defect in or from mechanical failure of the Vehicle of any consequential loss or damage.
• 2.20 That Customer shall during the continuance of the Rental Period:
  1. Not drive the Vehicle outside the territorial limits of India. In the event of any loss or damage suffered by the Car Owner as a result of driving the Vehicle outside the territorial limits, the Customer shall indemnify the Car Owner for such losses or damages;
  2. Always lock the Vehicle when not in use and ensure it is adequately protected against damage due to adverse weather conditions.
  3. Not allow any person without the prior authorization of the Car Owner to carry any work which otherwise interferes with the Vehicle or any part thereof except if the prior authorization cannot be obtained and the repair is minor to the tune of Rs. 500/- (Rupees Five Hundred Only).
  4. Not act as or purports to act as the agent of the Car Owner for any purpose whatsoever.
  5. Be fully responsible for any loss or damage caused to the Vehicle howsoever occasioned other than normal wear and tear. The Customer shall give immediate notice to the Car Owner and subsequently confirm in writing by sending through speed post/courier within 24 hours of any loss or damage caused to the Vehicle or any breakdown, malfunction or other failure thereof. The Customer shall not continue to use the Vehicle in the event of damage to or a breakdown of the Vehicle if to do so would or might cause further damage to the Vehicle. The Customer shall take the Vehicle to the nearest authorized service center for repair and pay such cost as estimated by the authorized service center and shall ensure delivery of the Vehicle of the Car Owner. The Customer shall be responsible to bear all cost for handover of the Vehicle.
  6. Without prejudice to provision for Car Owner's right to indemnification under this Agreement, the Customer agrees to pay to the Car Owner for each and every breach of terms and condition of this Agreement as detailed in this agreement.
  7. The Customer agrees that subsequent to taking over of the possession of the Vehicle by the Car Owner from the Customer after the expiry of the Rental Period if the Car Owner detects any damage in the Vehicle (not covered under insurance), the Car Owner shall intimate details of such damage and the cost payable for such damage to the Customer. If the Customer fails to pay such cost even after intimation from the Car Owner for three times, it shall be deemed acceptance by the Customer of his/her liability to pay for such damage, and on such happening, the Customer authorizes the Car Owner to deduct cost of such damage as mentioned below from the Security Deposit paid to the Car Owner at the time of booking or in accordance with the standing instructions of the Customer granted for payments to be made in terms of this Agreement. Car Owner reserves the right to recover the same from the Customer.
  8. Not sell, assign, pledge, let or hire or otherwise dispose of the Vehicle and/or its equipment or attempt to do any of these things. Not allow any person to use or drive the Vehicle without prior written consent of the Car Owner save and except as provided in this agreement.
  9. Neither remove nor change any name or other mark identifying the ownership of the Vehicle;
  10. Neither use nor allow anyone to carry passengers more than permitted by the registration paper.
  11. Neither use nor drive the Vehicle under the influence of alcohol or narcotic drugs
  12. Neither drive the Vehicle beyond permissible speed limit nor contravene with the provisions, of any statue, statutory, instrument, regulation relating either to the Vehicle to the Vehicle of its use and procure that driver of the Vehicle shall observe and perform the terms and conditions of all policies or contracts of insurance relating to the Vehicle for its use.
  13. Acknowledge that the Vehicle is and shall be throughout the period of its hiring be the sole property of the Car Owner and/or its affiliates and all rights thereto shall vest in the Car Owner and/or its affiliates.
  14. Not acknowledge or compound any claim either partial or in full in respect of any accident involving the Vehicle.
  15. The Customer agrees to comply with the "Car Usage Conditions" appended as Annexure D to this Agreement.
  16. The cost/penalty payable by the Customer for repair/replacement of any part of the Vehicle is listed in detail in Annexure E of this Agreement (hereinafter referred to as "Damages/Penalty").
  17. The Customer must swiftly report any incident involving loss or damage to the Vehicle, and no later than 1 (one ) hour of the occurrence of such loss or damage, while rented under this Agreement or to any property or person to the Car Owner location from where the Vehicle was hired and will deliver to the Car Owner immediately, every summons, complaint or paper in relation to such loss.
  18. The Customer shall render and hold harmless the Car Owner (and its directors, officers and employees) from all claims for loss or damage to their personal property. Or that of any other person’s property left in the Vehicle, or which is received, handled or stored by the Car Owner at any time before, during or after this Rental Period, whether due to the Car Owner's negligence of otherwise.
• 2.21 Notwithstanding anything contained in this Agreement, the Customer shall be liable to pay for damages not covered under the Car Owner's insurance policy for the Vehicles.
• 2.22 The Customer hereby further represents and warrants that the information and documents of the Customer supplied by him/her to the Car Owner and Myles are true, correct and accurate.
• 2.23 The Customer hereby acknowledges and agrees that the Customer shall be liable in respect of the Vehicle including but not limited to any challans, penalties, third party liability, accidents and the Customer shall indemnify the Car Owner against any losses, damage, costs and liabilities etc., in this regard.
• 2.24 In the event of any breach by the Customer of any of the terms and conditions hereof, the Car Owner may with prior notice of 24 hours repossess the Vehicle and for such purpose may enter upon premises where the Vehicle may be and remove the same and the Customer shall be responsible for and indemnify the Car Owner against all actions, claims, costs and damage consequent upon or arising from such repossession and removal.
• 2.25 The Customer hereby understands and agrees that any fine arising from parking, traffic or driving violation will be charged along with 100% surcharge on such amount, with all applicable taxes will be charged extra. Any increase in tax or the incidence of new taxes will be charged directly from the Customer in additional to the rental charges.
• 2.26 The Customer hereby understands and agrees that the Security Deposit shall be refunded to the Customer, after deduction of damages and any other amounts payable under this Agreement shall be recovered from Customer in accordance with the terms herein.
• 2.27 During the usage of the Vehicle, if the Vehicle is damaged, Customer will intimate the same to Car Owner within 1 (one) hour of such damage and any repair or emergency assistance and all other matters in relation to the Car Owner shall be dealt as per advice provided by the Car Owner.
• 2.28 In this Agreement, the word “Vehicle” shall in addition to the meaning ascribed hereto shall also include any replacement thereof and shall include all equipment, accessories, tools and spare tyre relating to the same and the singular shall where as appropriate including the plural and vice-versa. Any reference to any statutes shall be deemed to refer to any statutory modification or re-enactment, or any rules, regulations, notifications, circulars, etc. made or issued thereunder for the time being in force.
• 2.29 The Customer agrees that the data provided in this Agreement and at the time of placing the Rental Order may be stored, processed and transmitted manually/electronically by the Car Owner and/or Myles. The Customer also agrees to provide accurate information Rental Order and shall be liable for any damages and disputes arising due to the inaccuracy of the information. In addition to obligation of the Customer to indemnify the Car Owner for losses as a result of providing incorrect data, the Car Owner shall have the right to forfeit the Security Deposit or recover any such loss from customer and terminate the Agreement with immediate effect.
• 2.30 In an event wherein cancellation of the Rental Order is done by the Car Owner for whatsoever reason, Car Owner shall refund booking amount and shall pay an amount equivalent to the rental amount and Loss damage waiver amount (if opted at the time of vehicle booking). In case of cancellation of booking by Car Owner due to car unavailability, full booking amount will be refunded and Customer will also get 20% discount (on vehicle rental amount) on next booking made by Customer within 3 days following the date of cancellation of the booking by the Car Owner. The compensation, if any, payable to the Customer shall be decided by the Car Owner and such decision shall be final and the Customer shall have no objection to the same. Cases related to cancellations due to force majeure, fog, earthquake, floods, fire, riots, strike or circumstances beyond Car Owner control will not be covered under this clause and in such cases only booking amount will be refunded. Parties hereby agree that under no circumstances the liability of the Car Owner shall exceed the rental charges of the Vehicle.
• 2.31 Notwithstanding anything in this Agreement, the Car Owner has the sole right to refuse delivery of the Vehicle to the Customer upon placement of the Rental Order without any reason subject to refund of amounts paid by the Customer to the Car Owner.
• 2.32 Notwithstanding anything contained in this Agreement, the Car Owner reserves the right to take back the Vehicle at any time during the continuance of Rental Period or thereafter, if in the opinion of the Car Owner, the User or any third party may damage the Vehicle or may use the Vehicle for any unauthorized purpose.
• 2.33 Notwithstanding anything contained in this Agreement, the Car Owner has the right, at its discretion, to change and/or replace the Vehicle during the Rental Period, even if the Vehicle is in transit, through its nearest platform. And the consent of the Customer shall be deemed to have been extended to the Car Owner, if all required.
• 2.34 Notwithstanding anything contained in this Agreement, the Car Owner shall have a right to inspect the Vehicle at any time during or before the Rental Period.
• 2.35 In the event the Customer defaults any of the terms and conditions of the Agreement, the Car Owner shall have the right to immediately immobilize the Vehicle or to take the vehicle back in its possession and the consent of the Customer shall be deemed to have been given to the Car Owner, if at all required.

3. Roadside Assistance/ Towing Charges

• Customer will have to pay in certain road side repair cases. In such they will be required to make an upfront payment for availing the services. The same has been explained in the table below:
  
  

  S. No	Benefit Name	Price Chargeable to Customer
  1	Assistance over Phone	No Separate charge.
  2	Minor Onsite Repair	INR 650/- for 0-20 KM + Applicable taxes and INR 13 for every additional KM per case on return trip basis
  3	Repairs such as : 1)Flat battery (jump start) 2)Key locked in vehicle/ retrieval (while in Home city) from residence 3)Flat Tyre Service - Stepney change, Tyre repair 4)Other minor mechanical repairs at roadside	INR 650/- for 0-20 KM + Applicable taxes and INR 13 for every additional KM on return trip basis
  4	Lack of fuel (delivery of up to 5 liters of fuel) Petrol & Diesel only	INR 650/- for 20 KM + Applicable taxes and INR 13 for every additional KM on return trip basis in addition to the applicable Fuel Cost for 5 Liters
  5	Towing to the nearest Myles Preferred Dealer/Brand Authorized dealer at customer's request if Covered Vehicle is unable to mobilize following a Mechanical/Accidental Breakdown	No Separate charge.

1. If the Customer is stuck on the way with an empty fuel tank, Car Owner, or any road side assistance service procured by the Car Owner, shall arrange fuel for the customer which shall be delivered on the actual price plus INR 650/- for 20 KM + Applicable taxes and INR 13 for every additional KM on return trip basis.
2. In case of Break down(other than accident damage)
   The Customer shall not be charged for any towing charges.
3. In case Customer stuck on the way due to empty fuel tank
   If the Customer is stuck on the way with an empty fuel tank, Car Owner or any road side assistance service precured by the Car Owner shall arrange fuel for the Customer which shall be delivered on the actual price plus Rs. 1000/- delivery charges.

4. Termination

• 4.1 The Car Owner shall have the right to terminate this Agreement in the following cases:
  1. In the event of breach of any term or condition of this Agreement, by giving a notice in writing; and
  2. Without any cause by giving 24 (twenty four) hours written notice.
  3. If the Customer makes a 4th violation of over speeding, as specified in Annexure D.

5. Indemnity

• 5.1 The Customer agrees to indemnify and hold the Car Owner including its directors, shareholders and employees harmless for any loss suffered by the Car Owner including reasonable legal costs and third parties claims arising out of or in relation to the breach of its obligations, representations, warranties and covenants by the Customer of this Agreement and against all claims, penalties, proceedings, civil or criminal, initiated against the Car Owner as a result of such breach.
• 5.2 The Customer agrees to indemnify and hold Myles including its directors, shareholders and employees harmless for any loss suffered by Myles including reasonable legal costs and third parties claims arising out of or in relation to the breach of its obligations, representations, warranties and covenants by the Customer of this Agreement and against all claims, penalties, proceedings, civil or criminal, initiated against Myles as a result of such breach
• 5.3This Clause 5 relating to obligation of the Customer to indemnify the Car Owner and/or Myles shall survive termination of this Agreement.

6. Miscellaneous

• 6.1 Amendment: Any addition, amendment or alteration to the terms and conditions of this Agreement shall be null and void unless agreed upon in writing by the Parties.
• 6.2 Assignment: The Customer shall not transfer or assign any of its rights or obligations under this Agreement without the prior written approval of the Car Owner.
• 6.3 Notice: Unless otherwise stated, all notices, approvals, instructions and other communications for the purposes of this Agreement shall be given in writing and may be given by facsimile, by e-mails, by personal delivery or by sending the same by registered acknowledgement due or courier addressed to the party concerned at the address first stated herein above or any other address subsequently notified to the other party. Such notice shall be deemed to be delivered on receipt thereof.
• 6.4 Dispute Resolution: In the event of any dispute or difference arising out of or in connection with this Agreement, the Parties shall endeavor to resolve the same mutually through amicable discussions. In the event the Parties fall to arrive at an amicable settlement within 15 days from the date of reference thereof for amicable discussions, such dispute/difference shall be settled through arbitration and shall be referred to the sole arbitrator to be appointed by the Car Owner. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/or any amendments and modifications made thereto. The arbitration proceedings shall be conduct in the English language and the place of arbitration shall be Delhi. It is hereby further agreed that the award of the arbitrator shall be final and binding on the parties. This clause shall survive expiry or termination of this Agreement.
• 6.5 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India and subject to dispute resolution mechanism hereby agreed, the Parties have agreed to submit themselves to the jurisdiction of the courts of the place where the Vehicle is delivered by the Car Owner to the Customer.
• 6.6 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior communications negotiations and representations either oral or written, between the Parties, in relation hereto. The terms and conditions of the rental of the Vehicles to the Customer shall be governed by this Agreement.

  IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized representatives at the place and on the date, month and year first above written.

SCHEDULE A
Myles Secure – Coverage