POLICIES

Operations

Listing

Associate shall have the right to list the Vehicle on the Hydracar platform as per his/her desire.

Each such listing (a "Listing") shall have a defined start time (the "Start Time") and end time (the "End Time") (such period from the Start Time to the End Time being called the "Listing Period") and choice of Designated Parking Location (as specified below).

Associate shall ensure the availability of the Vehicle at the Designated Parking Location for bookings during a Listing.

Minimum Listing Duration and Gap

Each Listing Period shall be for a minimum of 24 hours.

Each Listing shall be created at least 12 hours in advance.

Cancelling or Rescheduling a Listing

Associate shall have the right to cancel or reschedule a Listing at any time prior to the Start Time of the Listing.

Further, Associate shall have the right to extend the End Time of a Listing at any time during the Listing. After the Start Time of a Listing, requests for preponing the End Time shall be entertained at the sole discretion of Hydracar based on customer bookings being impacted.

Charges as stipulated in section Other Charges may be applicable on cancellation or rescheduling of a Listing under certain conditions.

Parking of Vehicle

The Vehicle shall be parked at Associate’s own location. Associate shall ensure that the Vehicle is parked in a clean, safe and clearly identifiable location (a "Designated Parking Location "). Associate shall have the option of specifying up to 2 Designated Parking Locations. Associate shall provide Hydracar detailed directions to the Designated Parking Location(s) for ensuring that our customers are able to find and access the Vehicle. If a Designated parking Location has restricted access, Associate shall ensure that Hydracar customers are able to access the location for a booking after due notification to the Associate through SMS or phone call.

Checklist

Checklists help us ensure that all information regarding the car, the trip and customer experience are captured so we can serve our Associates and customers better.

Associate will be responsible for marking his Vehicle as 'Ready' through the Hydracar Associate app for every Listing. If the Associate does not mark the Vehicle as 'Ready' prior to Start Time of a Listing, Hydracar shall treat the Vehicle for that Listing as a No Show (as described below).

Associate will be responsible for filling the end checklist through the Hydracar Associate app for a trip on the Associate’s Vehicle prior to the start of the next trip within 12 hours after the end of a booking.

If the Associate fails to fill the checklist within the above stipulated timelines, then the last available information with Hydracar (for e.g. from the customer checklist) shall be deemed as final for the closure of the booking.

Fuel

Associate shall ensure that the Vehicle has at least 30% fuel at the start of the listing

Cleaning

Associate shall be responsible for ensuring that the Vehicle is provided to any customer in a clean condition.

Service & Maintenance

In the event the Vehicle meets with an accident while in the possession of Hydra car’s customers, Hydra car shall inform Associate of the same and Hydra car will be responsible for getting the Vehicle repaired and bear all related costs (net of insurance proceeds).

Associate shall ensure the maintenance and upkeep of the Vehicle by ensuring the timely scheduled servicing and repair in the event of any puncture, breakdown (not owing to accident), or any other reasons at an authorized workshop for the car make, at Associate's expense.

In the event the Vehicle breaks down and needs maintenance repair work (not owing to an accident) while in possession of Hydra car or our customer, hydra car shall inform Associate of the same and take the Vehicle to a workshop for repair. However, the cost of the repair shall be deducted from the amount payable to Associate.

Frequent low value insurance claims adversely impact the no bonus claim benefits and resale value of the car. Hence, neither Hydra car nor Associate can make insurance claims having value less than ₹25,000/-

In the event any documents from the Vehicle are misplaced while the Vehicle is in possession of its customers, Hydra car shall be responsible for recovering the same or getting it replaced (and Associate agree to fully cooperate with Hydra car for the same).

Rentals

Rentals

Hydra car shall compute the monthly rental of the Vehicle (the "Rental") as follows: Rental = (Revenue Share X Revenue)
Where:

Revenue Share shall equal 75%, with adjustments as provided elsewhere in the terms & conditions

Revenue is the sum of the revenues charged by Hydra car to its customers for all completed trips in a particular calendar month made on the Vehicle.

For the above computation of Revenue, the revenue from customers shall include only the following amounts charged to the Hydra car customers using the Vehicle:

Per hour tariff charged by Hydra car (excluding any additional charges or penalties applied) for the actual number of hours customers have used the Vehicle (less any discounts given to the customers), and

Excess kilometre fee.

Note that the Rental calculated as above shall be inclusive of all applicable taxes.

Hydra car shall have the sole right to calculate the Rental and Associate shall not dispute the same.

Any payments made to Associate shall be net of deductions for applicable taxes as per prevailing regulations.

Hydra car to cap discount % at 15% for all weekday, weekend and peak period bookings

Running Cost

Apart from the Rental, there may be other amounts payable by Hydra car to Associate (or vice versa) in each month. Such amounts are listed out below:

Fuel Cost is the sum of all amounts spent by Hydra car or hydra car customers for fueling the Vehicle during the particular calendar month. Such Fuel Cost shall be charged by Hydra car to Associate on actuals every month.

Maintenance Cost is the sum of all amounts spent by Hydra car or Hydra car customers for scheduled servicing and unscheduled repairs of the Vehicle during the particular calendar month. Such Maintenance Cost shall be charged by Hydra car to Associate on actuals every month.

Maintenance Cost shall not include any amounts for repairs of the Vehicle related to accidents.

Device Cost is the sum of all amounts spent by Hydra car on service and data charges for the operation of the In-Vehicle Devices installed in the Vehicle. Such Device Cost shall be charged by Hydra car to Associate on actuals every month.

Other Payables and Charges is the sum of all other amounts payable by Hydra car or chargeable to Associate every month in accordance with the clauses in these terms & conditions.

Hydra car shall have the sole right to calculate the amounts as above and Associate shall not dispute the same.

All such amounts chargeable to Associate shall be grossed up for any applicable taxes.

If, for a particular calendar month, an amount is payable by Associate to Hydra car, Hydra car shall inform Associate of the amount and Associate shall make such payment to Hydra car within 5 business days of intimation of the same.

Any payments made to Associate shall be net of deductions for applicable taxes as per prevailing regulations.

Zoomcar reserves the right to adjust any amounts payable by Associate to Hydra car against amounts payable by Hydra car to Associate, or withhold payments to Associate unless past dues from Associate to Hydra car are cleared in full.

Associate Facilities

Replacement Car

In the event the Vehicle is not returned to Associate at the End Time of any Listing Period due to any reason (including accidental or other repairs required to the Vehicle, delayed return by the customer, etc.) or documents required for running the Vehicle legally are missing, Hydra car shall assist the Associate as follows:

If the period for which the Vehicle (or documents) is not returned to Associate is less than or equal to 24 (twenty four) hours, Hydra car shall provide Associate with an inconvenience fee of ₹300.

If the period for which the Vehicle (or documents) is not returned to Associate is greater than 24 (twenty four) hours, Associate shall have the option of getting a) an inconvenience fee of ₹300/day, or b) a replacement vehicle of similar or higher class free of charge, for the duration Hydra car is not able to return Associate’s Vehicle or return/replace the documents. In the event Hydra car provides Associate a replacement vehicle, there shall be no further liability to Hydra car from the time that Hydra car hands over the replacement vehicle to the Associate. Associate shall not be entitled to any Rentals from the replacement vehicle. The replacement car cannot be given during peak seasons.

Parking at Zoomcar Site

At certain times, Associate may opt to park the Vehicle at Hydracar’s site with prior approval of Hydracar (at Hydracar’s sole discretion) under the following conditions:

Listing Period of at least 5 days

Charges of ₹400/day (with number of days of listing being rounded up for such calculation of charges)

Pickup and drop off of the Vehicle from Associate’s Designated Parking Location is included in the above charges.

Car Cleaning

If a customer returns the Vehicle in a condition that requires professional cleaning, you can mark the car unclean in the checklist, Hydracar shall levy a cleaning charge to the customer and the same would be passed on actual in the associate payout

If a customer complains about the cleanliness of the car then basis validation, Hydracar may levy a charge to the associate subject to a maximum of ₹1000

Other Charges

Cancelling or Rescheduling a Listing

The Associate can cancel or reschedule a Listing before and after the “Listing Start Time”, such that the “Listing Start Time” is delayed or “Listing End Time” is preponed.

In all such cases the Associate shall be charged an amount between ₹0 to a maximum of ₹2,000 based on the customer booking(s) affected by such cancellation or rescheduling. Associate shall be intimated of such amount prior to cancellation or reschedule of the Listing.

If the Vehicle is found to not be available at the Designated Parking Location at the Start Time of any Listing (as per GPS report) or not marked 'Ready', Associate shall be charged a fee of ₹300/hour up to a maximum fee of ₹3,000.

Fuel

If Associate does not provide the Vehicle at the Start Time of any Listing Period with at least 30% fuel, an inconvenience charge of ₹250 shall be levied on the Associate.

Other

Associate Behaviour

In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Harm or threaten to harm users of our community, including:

"stalk" or harass any other customer or associate of Hydracar community or collect or store any personally identifiable information about any other member or associate of Hydracar community other than for purposes of transacting as a Hydracar customer or associate in accordance with these Terms;

Engage in physically or verbally abusive or threatening conduct;

Use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;

TERMS OF USE

This Rent terms of use (the "terms of use") is an electronic document in terms of the 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. Please read these terms of use carefully. Your use of Rent panel, shall signify your acceptance of these terms of use and your agreement to be legally bound by the same.

Hydracar India Private Limited ( hereinafter referred to as "Hydracar" , "Us" or "Our" ) owns, operates and maintains the website located at the URL www.Hydracars.com , its mobile applications and Rent - panel (the "Hydracar Platform" ), which facilitates placing the vehicles by Associates for renting to members of Hydracar, management of such vehicle(s), etc. by Associates ( "Associates", "You", or "Your" ) who have accepted the Lease Agreement with Hydracar The Associates can access the Rent - panel through an authorized username and password.

If you are not an Associate, then you are not authorized by Hydracar to use the Rent - panel in any manner and Hydracar shall not be liable or responsible for any consequence arising out of or as a result of your use of the Rent - panel.

The Terms of Use describe the terms of use and conditions on which Hydracar offers access to the Rent - panel to Associates and the services/facilities provided through the Rent - panel. If You wish to place your vehicle(s) on the Hydracar Platform, the Terms of Use shall be applicable on You in addition to Lease Agreement as a part of the Hydracar Platform policies.

Hydracar may in its sole discretion modify the Terms of Use or any policy hyperlinked to this Terms of Use at any time without any notification to You. Hydracar may in its sole discretion incorporate any new policy to this Terms of Use at any time without any notification to You. It is Your responsibility to review the Terms of Use from time to time. You will be deemed to have accepted the Terms of Use as amended, if You continue to access and use the Hydracar Platform and/or Rent - panel after the amendments are posted on the Hydracar Platform or Rent Panel or communicated to You. In case of any contradiction between the Lease Agreement, the Terms of Use and the terms of any other policies issued by Hydracar, the terms of the Lease Agreement

Privacy

Hydracar is committed to ensure that the privacy of its members/end customers or other Associates is protected to all possible, reasonable and commercial extent, as their privacy on the internet/website is of the utmost importance to Us. Because You gather certain types of information about Hydracar’s members/end customers in order to provide the vehicles and maintain the details of such vehicles on Hydracar Platform, you agree to follow and maintain the privacy norms as listed out in these Terms of Use.

By acquiring the information of Hydracar’s members/end customers or by making use of the facilities provided by the Hydracar Platform, You hereby consent to not misuse, divulge, share, publish, transfer or distort in any manner whatsoever any or all personal information and non-personal information, shared by the Hydracar’s members/end customer with You. You further represent and warrant that you shall at all time maintain the confidentiality of such data/information and not share it with any third party.

You further agree not to transmit, distribute, post, or submit any information concerning any other person or entity related to Hydracar or Our members/end customers, including without limitation, their photographs , personal contact information, or credit, debit, calling card, or account numbers without their permission.

It is the responsibility of the Associate to ensure that the username and password are secure and protected at all times. You shall be solely responsible and liable for any breach or alleged breach of these Terms of Use due to the misuse or hacking of your account by a third party.

You also represent that You will not use the the Hydracar Platform to:

Harass or interfere with the privacy of any members/end customers or other Associates and post false, inaccurate, misleading, defamatory, or libelous content about member/end customers, any other Associates or Hydracar;

Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Hydracar Platform, any Associate or members/end customers;

Violate any laws, third party rights, or any of Our policies posted on the Hydracar Platform;

Host, display, upload, modify, publish, transmit, update or share any details or information or content including images, video and text, that:

Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

Harms any person in any way;

Violates any law for the time being in force.

Associate’s Representations

By accessing and using the Rent - panel, You represent to Us that: (a) You are not a minor under applicable laws and You have the authority to enter into legal contracts; and (b) the information You have provided to Hydracar during the registration process and thereafter, including all information relating to your Vehicle(s), whether or not posted on the Rent - panel and/or the Hydracar Platform, is to the best of Your knowledge complete, truthful and accurate.

You also represent that You shall:

Not while handing over the Vehicle or taking back the Vehicle or dealing with the Hydracar’s members/end customers, 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 Hydracar’s members/end customers.

Not take from Hydracar’s members/end customers any form of payment in cash or ask for any other advances in kind.

Always deal in a business-like manner with Hydracar’s members of r.

In connection with Your use of or access to the Rent - panel, You shall not and You agree not to advocate, encourage, request, or assist any third party to:

Harm or threaten to harm, Hydracar’s member/end customers or any other Associate, including "stalk" or harass them, or

Collect or store any personally identifiable information except for purposes of transacting in accordance with these Terms of Use;

Hydracar may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate Your access to the Rent - panel and/or Hydracar Platform, upon your breach or alleged breach of any of the above representations and warranties