1. Provision of Vehicle on Hire
1.1 Once your booking request is received through our website, mobile app, or specified contact points, and the Booking Confirmation is issued, Axon will rent the vehicle to you for the specified duration.
2. Vehicle Handover
2.1 At the time of vehicle handover, I will acknowledge receipt by signing a physical document (checklist) or digitally via the Vehicle Delivery App, confirming details such as make, model, and registration number. The rental period begins immediately upon handover, in accordance with the terms and conditions and checklist.
2.2 Guest and Axon mechanic will agree to the checklist before the ride starts. The checklist (Annex 1) includes vehicle current details, driver's license and age verification by the Axon representative, all-side photos of the vehicle with the number plate, and interior speedometer photos will be taken by the Axon representative.
2.3 Vehicles must not be decorated or modified, inside or outside. Any violation will incur a penalty of up to ₹10,000.
3. Customer Certification
3.1 I confirm that:
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3.1.1 I am at least 20 years old (22 in some cases) on the Booking Commencement Date.
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3.1.2 I have been driving for at least one year and have provided a valid driving license, voter ID/Passport, and Aadhaar Card.
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3.1.3 I take full responsibility for any accidents, failures, or damages that may occur during the rental period. Axon is not liable for any loss, damage, costs, charges, or expenses unless otherwise specified.
3.1.4 I consent to the collection and limited use of video and audio data as described in privacy policy 1.4
4. Return of Vehicle
4.1 At the end of the rental period or any extension, I will check the vehicle to ensure no personal belongings are left inside. Axon is not responsible for any items left behind.
5. Compliance with Laws
5.1 I agree to abide by all relevant laws concerning the use of the vehicle, including regulations regarding border crossings. If the vehicle is seized due to my failure to comply, I will bear all associated costs and fines.
6. Fuel Policy
6.1 The vehicle will be handed over with the fuel level as indicated on the gauge. I am responsible for returning the vehicle with the same fuel level. Any shortfall will require me to cover refueling costs, which will be deducted from my Security Deposit or paid through a provided payment link.
7. Instructions/Guidelines
7.1 I will follow all instructions provided by Axon, which may include paying interstate charges when crossing state borders.
8. Permissible Kilometer Limit
8.1 The agreed-upon Permissible Kilometers stated in the Reservation Details and Booking Confirmation are final and cannot be altered once confirmed. Should there be a need for adjustments, I must cancel the existing booking and initiate a new reservation at the time of booking.
9. Trip Protection Plan (Insurance Cover)
9.1 If I opted for insurance, Axon provides coverage through AZ Insurance Company. Claims under this policy are governed solely by the Insurer's terms. The insurance policy, once issued, is non-cancellable and non-refundable. Insurance is mandatory.
10. Right to Reject Booking
10.1 Axon reserves the right to reject the booking request without providing a reason. In such cases, the Security Deposit and advance Subscription Fees will be refunded within 5 to 7 business days of cancellation.
11. Third-Party Claims or Detainment
11.1 In the event that a third party asserts ownership or detains the vehicle, I commit to promptly addressing the situation and notifying Axon within four hours. Axon retains the authority to take necessary measures to protect its interests, with any associated costs deducted from my Security Deposit. I will be responsible for covering any remaining financial obligations arising from the incident.
12. Non-Compliance
12.1 I will be liable for charges or penalties specified in the Fee Schedule for non-compliance description with the Vehicle Use terms.
14. Rental Period
14.1 The Rental Period starts upon the mutual agreement of the Terms and Conditions and checklist by both the guest and the Axon representative, and concludes on the final day when the vehicle is handed over to the Axon representative.
15. Cancellation Policy
15.1 I may cancel the booking by logging into my Axon account via the website or Mobile Application. Cancellation charges apply as per the Fee Schedule.
15.2 Failure to collect the Vehicle at the scheduled time without prior notification within 3 hours will be deemed as missed appointment, leading to a penalty of the Hire Charges as per the Fee Schedule.
16. Refunds
16.1 Cancellation fees will be deducted from the Security Deposit. Refunds, adjusted accordingly, will be processed within 5-7 business days. Any remaining balance must be settled using the provided payment link.
17. Extension of Rental Period
17.1 Should I decide to extend the Rental Period beyond the originally agreed Reservation details, I am required to notify Axon at least four hours prior to the scheduled return time. Upon my request, Axon will promptly confirm the possibility of extending the hire. If confirmed, I will proceed to settle the contracted Hire Charges for the Extension Period using the payment link or through the website/app while using the service.
18. Return of Vehicle on Time
18.1 Should the Vehicle not be accessible for the Extension Period and notification provided to me accordingly, I am required to return the Vehicle by the initially scheduled time. Any delay in returning the Vehicle will incur Extension Period charges as per the fee schedule, payable via the provided payment link.
19. Use of the Vehicle
19.1 I confirm and acknowledge the following:
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19.1.1 I will follow all the rules and regulations issued under Indian Motor Vehicle Act 1988 and its subsequent amendments.
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19.1.2 I have reviewed and will adhere to the Vehicle Use Terms and Conditions for the entire Rental Period, including any extensions.
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19.1.3 The Vehicle will be used strictly for the intended purpose and no other activities.
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19.1.4 I will operate the Vehicle following the manufacturer’s instructions and comply with all relevant legal requirements.
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19.1.5 I will not alter or repair the Vehicle during the rental.
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19.1.6 I have a valid driver's license and will only let licensed drivers, as per Axon's terms, operate the Vehicle.
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19.1.7 I will notify Axon if another person will drive the Vehicle and provide their valid license.
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19.1.8 I will not tamper with the odometer or accessories. If I do, I will pay replacement costs.
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19.1.9 I will get written permission before taking the Vehicle out of India.
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19.1.10 I will not exceed the allowed passenger limit.
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19.1.11 I will not use the vehicle for paid passenger service or cargo transport.
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19.1.12 No animals in the Vehicle. Animals of all types are not permitted inside the vehicle. If it is found so, I will be liable to pay additional charges which will also cover any damages caused by animals.
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19.1.13 I will not use the vehicle for racing, motor sports, or speed tests.
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19.1.14 I will not use the vehicle for towing or moving other vehicles.
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19.1.15 I will obey speed limits as per the directions of Axon and applicable to the vehicle.
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19.1.16 I will not drive the vehicle under the influence of alcohol, drugs, or impairing conditions.
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19.1.17 I will carry out no actions that could void the Vehicle's insurance coverage.
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19.1.18 I will not make any modifications to the Vehicle without written permission from Axon.
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19.1.19 Follow the owner's manual guidelines when available.
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19.1.20 Report any issues immediately to Axon support and follow their instructions. I may be responsible for towing and repair costs.
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19.1.21 Notify Axon support before jump-starting the Vehicle. Any damage from improper jump-starting is my responsibility. The Vehicle cannot be used to jump-start another vehicle.
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19.1.22 Pay for all tolls, parking, road fees, and interstate permit fees incurred during the rental. Reimburse any FASTag deductions plus GST as determined by Axon.
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19.1.23 I will not abandon the Vehicle during a breakdown and wait for Roadside Assistance or a replacement vehicle from Axon.
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19.1.24 Axon reserves the right to control the Vehicle's movement for any T&C violations without explanation.
20. Security Deposit
20.1 If the Vehicle is damaged during the hire period, I authorize Axon to deduct the repair costs from the Security Deposit according to the terms of this Agreement.
20.2 Deductions/Refunds from Security Deposit:
21. Ownership of the Vehicle
21.1 Vehicle Ownership:
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21.1.1 During the term of this Agreement, I acknowledge that I have no rights, title, or interest in the Vehicle, except as expressly provided otherwise herein. I agree not to assert any ownership claims or dispute Axon's exclusive ownership, rights, title, or interests in the Vehicle. I understand and acknowledge that Axon has full and unequivocal authority over the Vehicle, including the right to lease, pledge, or sell it.
21.2 Vehicle Registration:
22. Default-related Events
22.1 Termination Clause:
22.1.1 In the following situations, Axon has the right to terminate this vehicle rental agreement immediately by providing written notice online (the "Termination Notice"), irrespective of the Rental Period or any Extension Period:
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22.1.1.1 Non-compliance with any terms specified in this Agreement.
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22.1.1.2 Unauthorized attempts to sell, transfer ownership, encumber, or dispose of the Vehicle in any manner without Axon's explicit consent, including creating liens, charges, or other claims against the Vehicle.
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22.1.1.3 Filing for bankruptcy, insolvency, or any form of assignment of assets to creditors, or initiation of insolvency proceedings against me, voluntarily or involuntarily.
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22.1.1.4 Breach of obligations or misrepresentation as outlined in Clause 23, or if such obligations are found to be inaccurate or false.
23. Conditions After Rental Period Ends/Agreement Termination
23.1 Return of Vehicle:
23.1.1 At the end of the Rental Period, any Extension Period, or upon termination of the Agreement. I am obligated to return the Vehicle to Axon in the same condition as it was hired.
23.2 Return of Vehicle Items:
23.2.1 Upon completion of the booking period, all items associated with the vehicle at the time of delivery must be returned intact and in the same condition as it was hired.
23.3 Charges for Missing Items:
23.3.1 If I fail to return any items specified in Clause 23.2, I will be required to pay charges as detailed in the Fee Schedule.
23.4 Damage Costs:
23.4.1 If the vehicle is returned with wear and tear that Axon deems unreasonable or unacceptable (excluding normal wear and tear), I will be responsible for any damage costs outlined in the Fee Schedule.
24. Vehicle Condition Upon Return
24.1 Upon conclusion of the rental period, I agree to return the vehicle in its original, well-maintained condition. Should there be any excessive wear or damage beyond normal usage, I understand that you may charge me for necessary repairs or refurbishment. Your assessment in this regard will be conclusive. Additionally, I acknowledge responsibility for any related expenses, such as cleaning fees as specified in the Fee Schedule if the vehicle is returned in an unclean or unsanitary state.
24.2 Assumption of Vehicle Loss:
24.2.1 If I fail to return the vehicle on the last day of the rental period, any extension period, or upon termination of the hire, you may consider the vehicle as stolen or lost. Axon reserves the right to take legal action and repossess the vehicle without further notice to me. This agreement grants Axon and its representatives the unconditional right to take physical possession of the vehicle.
26. Handover Requirements
26.1 Documentation and Verification:
26.1.1 Upon Vehicle delivery, I must:
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26.1.1.1 Present my original driver's license and previously uploaded KYC documents for verification.
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26.1.1.2 Provide identity proof for any extensions by assisting in photographing an Aadhaar card, valid passport, or utility/telephone bills.
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26.1.1.3 Cooperate in photographing myself and the Vehicle for security and record-keeping purposes.
26.2 Vehicle Inspection:
26.2.1 Periodic Inspections:
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26.2.1.1 I consent to your periodic inspections of the vehicle as deemed necessary. Upon request, I will provide recent photos from all angles, including the dashboard, or a live video of the Vehicle.
26.3 Notification of Damage and Insurance:
26.3.1 Comprehensive Insurance:
26.3.2 Insurance Coverage:
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26.3.2.1 I will refrain from actions that could affect the vehicle's insurance coverage. Promptly, I will notify you at the designated contact points in case of damage or loss due to incidents like accidents, theft, or natural disasters. Within two hours, I will confirm the details in writing.
26.3.3 Assistance in Claims:
27. Support and Maintenance
27.1 Vehicle Care and Reporting:
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27.1.1 Throughout the Rental Period and any extensions, I commit to maintaining the vehicle's cleanliness and promptly reporting any maintenance needs to your designated contacts. Urgent repairs outside the original location will be handled at authorized manufacturer workshops. I must retain and provide original repair invoices for reimbursement within five business days of incurring expenses.
27.2 Pick-up and Drop-off Service:
27.3 Damage Responsibility:
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27.3.1 I am fully accountable for any deliberate, reckless, or negligent damages to the vehicle, as assessed by you or your representatives. Repairs at authorized manufacturer workshops are my responsibility.
28. Reimbursement
28.1.2 Reimbursement:
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28.1.2.1 If I fail to settle charges outlined in the Fee Schedule, along with fines, penalties, and other fees imposed by regulatory authorities. I agree to reimburse you within seven days of receiving notification. Alternatively, I may settle these charges using the payment link provided to my email and mobile number.
28.1.3 Reporting Criminal Activity:
28.2 Traffic Offenses:
28.2.1 Responsibility for Traffic Violations:
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28.2.1.1 Throughout the Rental Period or Extension Period Term, I assume full responsibility for any traffic violations or breaches of the Motor Vehicles Act (MVT). I agree to indemnify and hold harmless the Indemnified Person from any claims, actions, or proceedings arising from such violations by me or any authorized user of the vehicle on my behalf, including traffic violation notices discovered on the Vehicle upon pickup that were not caused by me.
28.2.2 Liability After Hire:
29. Accidents
29.1 Accident Responsibility:
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29.1.1 I acknowledge sole responsibility if the Vehicle is involved in an accident resulting in damage to third-party property, bodily injury, death, or harm to any third party ("Accident"). Should the Vehicle be impounded, seized, or detained by any authority or individual due to an Accident, I will bear all associated costs for its release.
29.2 Indemnification for Accidents:
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29.2.1 I undertake to indemnify the Indemnified Person against all losses, damages, costs, and expenses incurred as a result of accidents involving the Vehicle that result in bodily injury or death.
30. Repair Costs
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30.1 I will pay the fees listed in the Fee Schedule if the Vehicle sustains partial damage that requires less than Rs 10,000 to repair. I agree to pay the difference between the Vehicle's book value at the time of the accident and the insurance settlement value if the damage exceeds Rs 10,000 or the Vehicle is deemed a total loss.
31. Insurance Claims Handling
31.1 Denial of Insurance Claims:
31.2 Responsibility for Denied Claims:
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31.2.1 I commit to indemnify Axon for any financial losses or expenses incurred if an insurance claim is denied due to: (a) The driver lacking a valid license at the time of the accident; (b) The driver being underage at the time of the accident; (c) The driver being under the influence of alcohol, drugs, or any other prohibited substance at the time of the accident; (d) Vehicle damage, theft, or loss; (e) The claim being ineligible under the terms and conditions of the insurance policy.
32. Accident Reporting Responsibilities
32.1 Notification of Accidents:
32.1.1 I will promptly inform Axon through the designated contact points about any accidents involving the Vehicle, providing comprehensive details. I will also file a complaint or first information report (FIR) at the nearest police station. In cases where the accident results in bodily injury, Vehicle damage, or both, I pledge to provide the following information and, if necessary, appear in court or before any authority:
- (a) Date, time, and location of the accident.
- (b) License plate numbers, make, year, and identification numbers of all involved vehicles, including insurance certificate details and agent information.
- (c) Names, addresses, and driver's license numbers of individuals involved.
- (d) Name, address, and driver's license number of the vehicle owner, if different from the driver.
- (e) Names, addresses, and contact numbers of witnesses, passengers, and other relevant parties.
- (f) Description of accident conditions, including weather and the Vehicle's position before the accident.
- (g) A police report is mandatory, irrespective of fault. I will ensure accuracy in the report to avoid discrepancies that may impact the insurance claim adversely. I acknowledge liability for any losses arising from a falsified report.
33. Settlements with Third Parties
33.1 I am solely responsible for any out-of-court settlements with third parties, including all related costs and expenses.
34. Claims and Lawsuits Notification
34.1 Any claims or lawsuits against Axon related to an incident involving the Vehicle must be promptly reported through designated contact points. I will cooperate fully in such situations.
35. Theft
35.1 Reporting Theft:
35.1.1 I will immediately notify Axon through designated channels if the Vehicle is stolen, providing all pertinent details and filing a police report as required.
35.2 Insurance Settlement:
35.2.1 I agree to cover any shortfall between the insurance settlement amount and the Vehicle's book value recorded by Axon at the time of theft.
36. Vehicle Replacement
36.1 Providing Replacement:
36.1.1 If mechanical issues prevent use of the original vehicle within city limits, Axon may offer a replacement vehicle of similar segment, subject to availability and Axon's discretion.
37. Compliance with Anti-Corruption Laws
37.1 Commitment to Anti-Corruption:
37.1.1 By signing this agreement, each party assures compliance with all applicable Indian anti-bribery and anti-corruption laws, including the Prevention of Corruption Act, 1988, and any relevant policies.
37.2 Prohibited Payments:
37.2.1 None of our partners, officers, employees, or representatives have received or will receive any illegal payments, gifts, or favors, directly or indirectly.
37.3 No Bribery:
37.3.1 We do not and will not offer or provide money, gifts, or other valuables to any government official, political party, or international organization, either directly or indirectly.
38. Information Disclosure
38.1 Communication Protocols:
38.1.1 I understand and acknowledge the communication protocols in place.
39. Unforeseen Circumstances
39.1.1 Events beyond the reasonable control of either party that prevent or delay the performance of obligations under this Agreement include, but are not limited to:
- - Government-imposed restrictions or insurrections
- - Actions by governmental or regulatory authorities
- - Hostilities, war, or terrorist acts
- - Acts of public enemies
- - Sabotage or civil disturbances
- - Epidemics, pandemics, or natural disasters
- - Quarantine measures or travel restrictions
- - Labor strikes or industrial disputes
- - Acts of nature such as earthquakes, floods, or storms
39.1.2 While these events may impact the ability to fulfill obligations, non-payment of due amounts under this Agreement does not constitute an Unforeseen Circumstances event.
40. Authorization to Enter into Agreement
40.1 Authority Confirmation:
40.1.1 The parties confirm that they possess full authority and capacity to enter into this Agreement and to discharge their respective obligations as stipulated herein.
41. Arbitration
41.1 Dispute Resolution:
41.1.1 In case of any dispute between the Parties concerning the validity, interpretation, implementation, or alleged breach of any provision of this Agreement, or any issue arising from its termination, the Parties will first attempt to resolve the matter amicably.
41.2 Arbitration Referral:
41.2.1 If the Parties fail to reach a resolution through direct negotiations within fifteen days of the dispute arising, the matter shall be referred to arbitration. Arbitration will be conducted by a single arbitrator appointed by Axon under the provisions of the Arbitration and Conciliation Act, 1996, or any subsequent statutory amendments. This clause shall remain valid even after the termination of this Agreement. The costs incurred by both parties shall be shared equally, with each party bearing its own expenses. The arbitration proceedings shall take place in New Delhi, with English as the language of arbitration.
41.3 Jurisdiction:
41.3.1 The Parties agree that the courts in New Delhi shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, except where judicial intervention is allowed under Clause 23.2.
42. Governing Law
42.1 Governing Law:
42.1.1 This Agreement shall be interpreted, construed, and governed by the laws of India.
43. Severability
43.1 If any term or provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain unaffected and continue to be in full force and effect.
44. Fee Schedule
44.1 A comprehensive list detailing all applicable charges related to the rental and use of the Vehicle. (Note: Specific charges are detailed separately in the original Fee Schedule document.)
