Terms and Conditions
Note: All references in the following document to 'You' or 'Your' will refer to the entire team of whoever has signed agreed to these conditions on their behalf. Similarly, all references to 'the organisers' refer to the company Chennai Even Management Services.
1. DRIVER ELIGIBILITY
1. You agree and acknowledge that:
1. only You will drive the Vehicle;
2. You are 21 years of age or over. You must hold a valid current unrestricted motor vehicle driver's licence (learners permits and provisional or probationary licences are not acceptable); and
3. Your driver's licence is accompanied by an International Driver's Permit.
2. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
2.1 You must not drive or take the Vehicle under any circumstances:
1. off-road or on beaches or through streams, dams, rivers, or flood waters;
2. on flood prone roads or any roadway where the Police or any other Government authority have issued a warning or caution.
3. on private roads, or privately owned land without the express permission of the owner in advance.
3. VEHICLE USE
3. You must NOT:
1. Allow or permit the Vehicle to be used for any illegal purpose of any kind;
2. Allow or permit the Vehicle to be used to tow or push anything;
3. Sublet or let the Vehicle or hire to any other person;
4. Carry more than two passengers, or carry a greater load than that for which it was built;
5.
1. be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the Country, State or Territory in which the Vehicle is driven; or
2. Refuse to take a breath or blood test in the Country, State or Territory in which the Vehicle is driven;
6. Allow the Vehicle to be used to carry passengers for payment of any kind;
7. Use the Vehicle when it is damaged or unsafe;
8. Use the Vehicle to transport goods, in accordance with the Vehicle manufacturer's recommendations;
9. Use the Vehicle to carry any inflammable substance or any other explosive or corrosive substances.
10. Transport any animal inside the Vehicle.
11. Operate or permit the Vehicle to be operated in breach of any legislation, regulations, rules or by-laws relating to road traffic and use.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You must:
1. Maintain all of the Vehicle's engine and brake oils and engine coolant levels to the manufacturer's specifications and ensure that the tyres are maintained at the manufacturer's recommended pressure as provided in the vehicle manual;
2. Keep the keys under Your personal control at all times and produce such keys if the Vehicle has been stolen;
3. Comply with any applicable seat belt & child restraint laws; and
4. Generally do all things necessary to keep and maintain the Vehicle in it's current state and condition (fair wear and tear excepted).
4.2 You must assume responsibility for the Vehicle if it breaks down and ensure that it is repaired or towed to the designated parking zone. This will be undertaken at your own expense.
4.3 You may arrange or undertake any repairs to the Vehicle (whether because of an accident or breakdown) without the express authority of the organisers.
4.4 You must contact the organisers or support services provided by the organisers should you require their assistance in undertaking any repairs or to salvage the vehicle. You will be invoiced for such services except in the case where the organisers deem the repairs to be minor in which case they will be free of charge.
4.4 You must collect and store any invoices given by the organiser's mechanics to be paid off at the end of the rally. You may also arrange to have any such fees paid out of your vehicle deposit.
5. VEHICLE RETURN AND REPLACEMENT
5.1 You must return the Vehicle to the organisers:
1. to the place, on the date & by the time given to you by the organisers at the start of the rally;
2. In the same condition as it was at the commencement of the Rental Period (fair wear and tear excepted).
5.2 The organisers may request the immediate return of the Vehicle if you have materially breached or the organisers reasonably suspects you have materially breached the terms of this agreement. The organisers may repossess the Vehicle without any notice to you. You must also pay the organisers any cost it incurs in the repossession of the Vehicle as well as all reasonable costs and charges under the Rental Agreement.
5.3 The organisers reserve the right to not replace the Vehicle if the Vehicle or third party property is damaged before the rental period expires.
6. FUEL
6.1 You will be solely responsible for bearing the cost of refueling the Vehicle throughout the rally.
6.2 You will be responsible with refueling the Vehicle with the correct type of fuel. You may be provided with this information by the organisers or the Vehicle manufacturer however it is your responsibility to ensure you have this information at the start of the rally.
6.3 You will be liable for any damage resulting from the incorrect refueling of the Vehicle and the cost of repairing the Vehicle.
7. DAMAGE, THEFT & LOSS OF PROPERTY
7.1 You are liable:
1. for the loss of, and all damage to, the Vehicle;
2. The cost of towing, recovering and storing the Vehicle; and
3. for all damage to your property or the property of any person:
1. Which is caused or contributed to by you; or
2. Which arises from the use of the Vehicle by You.
4. Appraisal or assessment fees;
5. Reasonable administrative fees and legal costs of recovery;
Remember that references to the "Vehicle" (as defined) include all of its parts, components and accessories
7.2 You must always pay:
1. Any costs if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
2. The cost of rectifying any tyre punctures;
3. Windscreen or headlight damage;
4. The cost of repairing any damage caused deliberately, carelessly or recklessly by:
1. You;
2. Any other driver of the Vehicle; or
3. Any passenger or team member carried during the Rental Period;
5. The cost of repairing any damage to the Vehicle or to third party property caused or contributed to by a breach of the Rental Agreement;
6. The cost of repairing overhead or roof damage caused by contact between the Vehicle and objects over hanging or obstructing the path of the Vehicle or if damage is caused by persons placing objects on the roof of the Vehicle;
7. The cost of repairing any water damage caused by immersion of the Vehicle in water, including whilst the Vehicle is being transported;
8. The cost of repairing any underbody damage and any resulting damage from that underbody damage, to the Vehicle;
9. the cost of repairing any damage to the Vehicle or to any third party property caused or contributed by You where You leave the scene of the incident or collision prior to the attendance of the Police or prior to You or Your immediate and formal reporting of the incident or collision to the Police;
10. The full cost of replacing or repairing all contents supplied by the organisers (including but not limited to; automatic window-wipers, fuel dipstick, cigarette-lighters);
11. Where the Vehicle is operated in any of the places mentioned in section 2, the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser;
7.3 You are responsible for the Vehicle throughout every day of the rally until it is parked in the designated parking space as shown by the organisers. The organisers are only responsible for the vehicle when it is left in the designated parking zone. If the Vehicle is stolen, abandoned or lost at any other time, your Vehicle Deposit will be forfeited. You will be solely liable for any additional costs involved in the recovery of the vehicle, such as towing back to the checkpoint. Your deposit may only be recovered if the Vehicle is returned or found by the Police in due course.
7.4 No Replacement Vehicle can be given at any time during the rally. You will have to find an alternative means of transportation such as with another team, or on the support truck.
8. OWNER'S LIABILITY
8.1 Except as provided at law the organisers are not liable to any person, and you indemnify the organisers, for any loss of, or damage to, any property:
1. Stolen from the Vehicle or otherwise lost or damaged during the rental; or
2. Left in the Vehicle after its return to the organisers.
8.2 The organisers shall not be responsible for the state and condition of any property found in the Vehicle after the Vehicle's return to the organisers. Any person claiming the return of such property is required to furnish the organisers satisfactory proof of ownership.
8.3 You have rights conferred under consumer legislation and neither clause 8.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which you may have under any Central, State or Territory legislation in India.
9. INSURANCE
Subject to the exclusions set out below, you and any Authorised Driver are insured to certain damages to the vehicle or to certain liabilities you might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle. The minimum claim of the insurance policy is $150US and thus You will be liable for any damage or repairs incurred below this amount. In order to make a claim you must pay the organisers the entire amount you are liable for before the insurance claim is made, and will be fully reimbursed upon the successful completion of the claim.
10. EXCLUSIONS
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
1. The driver of the Vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the Vehicle;
2. the Vehicle is in an unsafe or unroadworthy condition that arose during the course of the Rental Period and that caused or contributed to the damage or loss, and You or the Authorised Driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the Vehicle;
3. The Vehicle is operated in any unauthorised or illegal race, speed test, rally or contest;
4. The driver is disqualified from holding or has never held a driver's licence appropriate for that Vehicle;
5. The Vehicle is driven by any person who at the time when he or she drives the Vehicle is disqualified from holding or has never held a driver's licence appropriate for that Vehicle;
6. The Vehicle is driven by a person other than You or the Authorised Driver;
7. the Vehicle is willfully or recklessly damaged by You or any Authorised Driver, or driving the vehicle under the authority of You, or is lost as a result of the willful or reckless behavior of You or any such person;
8. The Vehicle is operated on any of the following roads referred to in clause 3.4 or any unformed road including a beach.
9. The Vehicle is operated outside the term of the Rental Agreement or any agreed extension of that term.
It is agreed between the organisers and you that exclusion will not apply if you prove on the balance of probability that the damage or loss was not caused or contributed to by the matters referred to under the exclusion clause. You acknowledge by signing the Rental Agreement that you are aware of the above exclusions.
In the event of any inconsistency between clauses 9 and 10 and any other provisions of the Rental Agreement clauses 9 and 10 will prevail.
11. CLAIMS AND PROCEEDINGS
11.1 Where the use of the Vehicle by You or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property or if the Vehicle has been stolen, you and/or any Authorised Driver must:
1. Promptly report such incident to the local police; or
2. Promptly report such incident to the organisers who will help you to contact the police and or insurance company;
3. Arrange if necessary and at your own cost to bring, defend, enforce or settle any legal proceedings against a third party;
4. allow the organisers to claim in Your name under any applicable Substitute Vehicle Insurance and You must do, and must cause the Authorised Driver to do, everything that may be required to assist the organisers in making such a claim, including assigning the benefit of any Substitute Vehicle Insurance to the organisers;
5. Complete and furnish to the organisers within a reasonable time any statement, information or assistance which the organisers or its insurer may reasonably require, including attending at a lawyers office and at Court to give evidence;
12. PAYMENT OF CHARGES
12.1 At the end of the Rental Period, You must pay the organisers on demand:
1. All charges payable under the Rental Agreement, less any deposits already paid;
3. any amount paid or payable by the organisers or payable by You arising out of Your use of the Vehicle or imposed on You or the organisers by any governmental or other competent authority (such as speeding, road toll, parking and traffic fines); and
4. any amount for which You are liable to the organisers under the Rental Agreement, in respect of a breach of the Rental Agreement or for damage or loss to the Vehicle or third party property.
12.2 You must make payments for the rental when the organisers so designates including making payments in advance or at any other time during the rental period.
12.3 The organisers will pay any refund due to you by such method as the organisers may reasonably choose.
13. BREACH OF THESE TERMS AND CONDITIONS
13.1 The organisers shall have the right to terminate the Rental Agreement and take immediate possession of the Vehicle at any time if You or an Authorised Driver breach these terms and conditions.
13.2 Breaches of this Rental Agreement will result in you paying for:
1. All costs to rectify the Vehicle to its original condition or replacement of the Vehicle; and/or
2. Loss of rental revenue to The organisers; and/or
3. Damage to third party property being Your full responsibility; and/or
4. All costs for towing, storage and recovery of the Vehicle.