Car Rent Agreement

This Member Agreement is a legally binding contract that governs the relationships, rights, and obligations between DriveQuix Mobility Solutions Private Limited (“DriveQuix”, “we”, “us”, “our”) and the Member (“you”, “your”).

IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORISED TO USE ANY DRIVEQUIX VEHICLES OR SERVICES.

DriveQuix reserves the right to change the terms of this Agreement from time to time and shall notify Members of such changes in a timely manner. Notice shall be considered given when it is indicated and accessible from the first page after Member log-on to the DriveQuix website, by email to the Member’s registered email address, or by SMS to the Member’s registered mobile number.

Member agrees that amended terms shall be effective and binding on the earlier of: (1) the effective date indicated in the notice; or (2) the date posted on the DriveQuix website.

IT WILL BE PRESUMED THAT THE MEMBER HAS RECEIVED ANY SUCH NOTICE IF AND WHEN THE MEMBER MAKES A RESERVATION FOR A DRIVEQUIX VEHICLE AFTER NOTICE OF A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON THE DRIVEQUIX WEBSITE AND/OR DISTRIBUTED BY EMAIL OR SMS. BY MAKING A RESERVATION AFTER RECEIVING NOTICE OF ANY CHANGES, MEMBER ASSENTS TO AND WILL BE BOUND BY SUCH CHANGES. MEMBER MAY DECLINE SUCH CHANGES BY DISCONTINUING USE OF DRIVEQUIX’S CAR CLUB PROGRAMME.

In the event of any conflict between this Agreement and any other document relating to DriveQuix’s Car Club Programme, these Terms and Conditions shall govern unless otherwise specified by DriveQuix in writing.

1. Persons Permitted to Drive Vehicles

1.1 Only active DriveQuix Members in good standing, as determined solely by DriveQuix, are permitted to drive DriveQuix vehicles. Non-Members are expressly prohibited from driving a DriveQuix vehicle at any time. A Member may drive a vehicle reserved by another DriveQuix Member with the reserving Member’s permission; however, all fees and charges shall be the responsibility of the reserving Member, while any liability or claim arising from such usage shall be shared by all participant Members.

1.2 Meeting DriveQuix’s eligibility criteria does not automatically entitle an applicant to membership. Acceptance of membership is subject to approval by DriveQuix at its sole discretion.

1.3 Should a Member’s driving licence expire or be revoked, authorisation to drive DriveQuix vehicles shall expire immediately. The Member must notify DriveQuix of such revocation by email forthwith.

1.4 By applying for membership, each applicant authorises DriveQuix to obtain their driving records from the relevant jurisdiction. DriveQuix may periodically check Member driving records and reserves the right, at its sole discretion, to suspend or terminate the membership of any Member who does not meet DriveQuix’s driving eligibility requirements. Members agree to promptly report to DriveQuix any suspension or revocation of their driving licence, or any tickets, citations, or convictions related to moving violations, including but not limited to: driving under the influence of drugs or alcohol, reckless driving, speeding, or using a mobile device while driving.

1.5 Members are responsible for providing and maintaining current email address, mobile number, postal address, and other account information.

1.6 Members are responsible for keeping all DriveQuix-related passwords and/or PIN numbers strictly confidential and must not share them with third parties. Should a PIN or password be reduced to written or electronic form, the Member will be responsible for any costs or damages arising from unauthorised third-party use. If a Member suspects unauthorised access to their credentials, they must immediately change the compromised password and/or PIN.

2. Prohibited Uses

2.1 The following uses of a DriveQuix vehicle are strictly prohibited:

Participation in any speed race or competition
Towing, pushing, or propelling any trailer or other vehicle
Operating a commercial taxi or passenger transport service
Driving under the influence of alcohol, drugs, or any medication that impairs vehicle operation — a zero-tolerance policy applies (0.0% limit)
Use in connection with any criminal or illegal activity
Driving in an imprudent, negligent, reckless, or abusive manner
Use by any person who has provided DriveQuix with false information (including name, age, or address)
Driving a DriveQuix vehicle outside of India or any prohibited areas within India
Using a mobile phone or any communication device while driving, whether handheld or hands-free, in any manner that may distract from driving or is prohibited by applicable law
Transporting flammable, poisonous, or otherwise hazardous substances beyond legally permissible household quantities
Transporting objects that — due to size, shape, or weight — may adversely affect vehicle handling, damage the interior, or compromise the safety of nearby vehicles
Transporting more passengers than there are available seatbelts in the vehicle

2.2 The above list is not exhaustive. Any unreasonable or inappropriate use of a DriveQuix vehicle, as determined by DriveQuix at its sole discretion, may be deemed a violation of these Terms and Conditions. DriveQuix may report to the relevant authorities any use of its vehicles that violates local, state, and/or national law or these Terms and Conditions.

2.3 DriveQuix may immediately suspend or terminate a Member’s access for any violation of these Rules. Existing reservations may be cancelled at DriveQuix’s sole discretion. Members will be responsible for all costs, charges, fees, and expenses incurred by DriveQuix as a result of such breach.

3. Reserving DriveQuix Vehicles

3.1 Advance reservation is required. Members must always reserve a vehicle before use and will be billed for usage fees at the time of reservation.

3.2 To cancel or shorten a reservation, Members must do so in advance as outlined in the DriveQuix Car Rental Policy.

3.3 To extend a reservation, the Member must ensure: (a) the vehicle is available for the extension period and (b) the extension request is submitted before the scheduled end time of the existing reservation.

3.4 If a reservation is not confirmed as extended and the vehicle is not returned to the designated DriveQuix space by the reservation end time, DriveQuix reserves the right to take possession of the vehicle immediately or at any time thereafter and at any location.

For the avoidance of doubt:

The Member will be charged a late fee, inconvenience fee, and any other applicable charges from the scheduled end time until the vehicle is recovered by DriveQuix.
The Member will be charged any additional costs incurred by DriveQuix in recovering possession of the vehicle.
No compensation or alternative transport will be provided in such cases, and the Member will forfeit any further right to use the vehicle.
The Member shall hold DriveQuix, its officers, employees, agents, and affiliates harmless against any claims connected with the vehicle and/or its repossession, and shall irrevocably indemnify DriveQuix against any costs, losses, or liabilities arising from any third-party claim related to the vehicle and/or its repossession.

4. Vehicle Pick-Up, Return & Condition

4.1 Members must pick up the selected vehicle from its designated DriveQuix parking space and return it secured, clean, and in good working order, to the correct designated DriveQuix space by no later than the end time of the reservation.

4.2 Before taking possession of a vehicle, the Member must conduct an exterior walk-around and an interior inspection. Any damage or abnormality must be reported to DriveQuix before driving the vehicle. Failure to notify DriveQuix of pre-existing issues will result in the Member being deemed responsible for any problems discovered after the reservation, including damage or lack of cleanliness. A damage fee, cleaning fee, or other applicable charges may apply, and membership may be suspended or terminated.

4.3 The vehicle’s key, key fob, or starting device must be left in its designated position upon conclusion of the reservation. Members must immediately advise DriveQuix if the key/fob/starting device, parking pass, or toll payment pass is not left in place. Failure to do so may result in the Member being charged the daily rental rate until the missing item is returned. Additional replacement fees may be charged at DriveQuix’s sole discretion.

4.4 Members are responsible for all charges related to the DriveQuix vehicle for the entire reservation period and until the vehicle is returned to its designated location. Late returns will incur late fees as described in the DriveQuix Car Rental Policy.

4.5 Members must immediately report to DriveQuix any condition that impairs driving functionality, including poor handling, external or internal damage, inoperable signal lights, or missing or broken rear-view mirrors.

4.6 Stolen vehicles must be immediately reported to DriveQuix and to the nearest police station with a detailed written complaint based on actual facts. The Member’s complaint must not contain any discrepancies, inconsistencies, or distortions, as these would be detrimental to a valid insurance or other claim by DriveQuix. The Member will be liable for any loss resulting from an inaccurate complaint.

5. Safety

Members are responsible for:

Complying with all applicable road safety laws
Ensuring all passengers wear seatbelts in compliance with the Motor Vehicles Safety Standards applicable in the jurisdiction where the vehicle is being driven

6. Securing DriveQuix Vehicles

6.1 Each time a Member parks a DriveQuix vehicle — whether at the end of the reservation or during — the Member is responsible for properly securing the vehicle.

6.2 DriveQuix encourages all Members to take full responsibility for their personal belongings. If a Member claims to have inadvertently left luggage, a mobile phone, or personal devices in a DriveQuix vehicle after completing their reservation, DriveQuix will endeavour to locate the lost belongings on a best-effort basis, provided the Member notifies DriveQuix within a reasonable time. However, DriveQuix shall not be held responsible for any such loss or damage.

7. Eligible (Reimbursable) Expenses

An “Eligible Expense” means: (a) an expense incurred by the Member for minor routine maintenance on DriveQuix vehicles under ₹100 (such as cable cuts or light bulbs); and (b) any expense exceeding ₹100 that is authorised in advance by a DriveQuix representative.

For reimbursement, the Member must:

Retain the original receipt with the time of purchase noted
Print their name on the receipt
Submit the physical receipt to the DriveQuix vehicle attendant upon returning the vehicle

No reimbursement or account credit will be provided without a valid receipt, or if the receipt is submitted 5 or more days after the reservation date.

8. Maintenance & Cleanliness

8.1 DriveQuix will perform all necessary routine maintenance on its vehicles. Members are responsible for the cleanliness of vehicles and are expected to assist in maintaining driving safety and vehicle performance, particularly during longer rentals or when the vehicle indicates that service is required.

8.2 DriveQuix makes reasonable best efforts to provide Roadside Assistance in all situations. However, if the need for Roadside Assistance results from a breach of these Terms and Conditions, the Member may be charged the full cost of the service.

8.3 Any unusual noise, warning lights, abnormal smells, or changes in vehicle performance must be reported to DriveQuix as soon as noticed. Failure to report such irregularities may result in immediate suspension or termination of the Member’s agreement.

9. Breakdown or Incidents

9.1 Reporting: All breakdowns or incidents involving DriveQuix vehicles must be reported to DriveQuix immediately by phone.

9.2 Breakdown & Roadside Assistance: If a problem prevents or limits vehicle use or compromises safety, Members must immediately notify DriveQuix and follow instructions. Members may be liable for towing, repairs, and other expenses depending on the circumstances. Authorised expenses will be treated as Eligible Expenses as per Section 7.

9.3 Jump Start: If a Member performs a jump start on a DriveQuix vehicle, DriveQuix must be notified immediately by phone. The Member is fully responsible for any damage resulting from improper use of jumper cables or tools. Providing a jump start to any non-DriveQuix vehicle is strictly prohibited.

9.4 Incident Reporting: In the case of an incident involving property damage or a third party, the Member must:

Complete an official police report form and, where possible, obtain a jointly agreed statement
Complete the DriveQuix Incident Report Form
Collect and record the following information:
- Date, time, and location of the incident
- Licence plate numbers, make, year, serial number, and insurance certificate number of all other vehicles involved (including insurer name, address, and contact number)
- Names, addresses, and licence numbers of all persons involved
- Name, address, and licence number of any vehicle owner (if different from the driver)
- Names, addresses, and contact numbers of all witnesses, passengers, and other involved parties
- Description of the incident, including surrounding conditions and vehicle position prior to the event

A police report is mandatory regardless of fault or liability. The Member’s complaint must be based solely on actual facts and must not contain any discrepancies or distortions, as these would be detrimental to any insurance or legal claim by DriveQuix. Any resulting loss to DriveQuix from an inaccurate complaint shall be borne by the Member.

9.5 Investigation & Cooperation: Members must provide DriveQuix and any claims adjustment service with all reports, notices, or findings relating to any claim or lawsuit involving a DriveQuix vehicle. Members agree to cooperate fully with DriveQuix in the investigation and defence of any such claim. A Member’s account will be suspended until the investigation is concluded.

9.6 The Member shall be responsible for all costs related to repair, recovery, and loss of use of any DriveQuix vehicle resulting from the above, up to the current Damage Fee as set out in the DriveQuix Car Rental Policy — where such costs are determined to be the fault of the Member, fault is not established against any other party, or costs are not reimbursed by the relevant insurer.

10. Traffic Violations

10.1 Members are fully responsible for all traffic violations incurred during their use of a DriveQuix vehicle, including parking fines, speeding, red light violations, toll evasion, and photo enforcement penalties — including any late payment charges or processing fees.

10.2 DriveQuix will notify the Member by email upon learning of any such violation. The Member must promptly pay the relevant fine to the issuing authority and provide DriveQuix with proof of payment. Where the Member has personal knowledge of a violation, this obligation applies regardless of whether DriveQuix has issued a notification.

10.3 Members must notify DriveQuix of any violation notices found on a vehicle at the time of pick-up. Unreported violations will be the responsibility of the Member if they occurred during their reservation period.

10.4 Members must not leave a DriveQuix vehicle in a restricted parking zone. If unavoidable, DriveQuix must be immediately notified, and the Member will bear all resulting fines, towing charges, and any inconvenience penalties as outlined in the DriveQuix Car Rental Policy.

11. Insurance & Liability

11.1 Member Deductible Obligation: (a) If the Member is in compliance with the Terms and Conditions of the DriveQuix Car Club Programme, DriveQuix shall provide primary liability protection, to the extent covered by DriveQuix’s vehicle insurer, for claims arising from the Member’s use of the vehicle. THE MEMBER WILL BE PERSONALLY RESPONSIBLE FOR ANY APPLICABLE INSURANCE DEDUCTIBLE. (b) If losses exceed the coverage provided by DriveQuix, the Member will be responsible for the excess.

11.2 DriveQuix is not responsible for any damage to, loss, or theft of personal property belonging to the Member or any third party, regardless of fault or negligence.

11.3 LIABILITY PROTECTION APPLIES ONLY TO THIRD-PARTY CLAIMS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE (OTHER THAN TO THE DRIVEQUIX VEHICLE ITSELF) ARISING FROM USE OF THE VEHICLE AS PERMITTED UNDER THIS AGREEMENT. IT EXPRESSLY EXCLUDES ANY CLAIM MADE BY THE MEMBER OR THE MEMBER’S IMMEDIATE FAMILY MEMBERS WHO PERMANENTLY RESIDE WITH OR ARE TRAVELLING WITH THE MEMBER AT THE TIME OF THE INCIDENT.

11.4 INDEMNIFICATION: THE MEMBER INDEMNIFIES AND HOLDS DRIVEQUIX, ITS PARENT COMPANY AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, ATTORNEYS, ASSIGNS, AND SUCCESSORS-IN-INTEREST HARMLESS FOR ALL LOSSES, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, ATTORNEY FEES, AND OTHER EXPENSES (“LOSSES”) ARISING FROM: (1) THE USE OR POSSESSION OF THE DRIVEQUIX VEHICLE BY THE MEMBER; AND (2) THE MEMBER’S NON-COMPLIANCE WITH THIS AGREEMENT.

11.5 DRIVEQUIX SHALL NOT BE LIABLE TO THE MEMBER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO THE DRIVEQUIX VEHICLE, ITS USE, OR THIS AGREEMENT.

11.6 This Agreement is intended solely for the benefit of the Member and DriveQuix. No third party may claim rights under this Agreement, whether as a beneficiary or otherwise.

12. Data Protection

12.1 DriveQuix captures, stores, processes, and uses Member personal data — including usage and vehicle data — to the extent necessary for the administration and performance of this Agreement and the Member’s use of DriveQuix vehicles.

12.2 Where third-party services are engaged, DriveQuix is entitled to share the Member’s personal data with the relevant third-party service provider to the extent required to fulfil membership or usage requirements.

12.3 DriveQuix may provide Member personal data to third parties for the purposes of delivering personalised offers, services, and customised information to Members.

12.4 DriveQuix shall implement and maintain reasonable procedures to protect sensitive personal information in compliance with applicable law.

12.5 DriveQuix is entitled to disclose Member information to its parent company, affiliated entities, any relevant government body as required by law or regulatory directive, or to any third party deemed appropriate by DriveQuix in its absolute discretion.

13. Dispute Resolution

13.1 The courts of Kerala, India shall have sole and exclusive jurisdiction over all disputes between DriveQuix and the Member arising from the use of DriveQuix services.

13.2 The Member agrees to pay DriveQuix’s reasonable legal fees and costs in any proceeding relating to this Agreement, including any appeals.

13.3 Members must not aid or encourage the filing of any third-party claim or lawsuit against DriveQuix, and must cooperate fully with DriveQuix and its insurer in the investigation and defence of any claim or lawsuit. Where DriveQuix determines, in its sole discretion, that a Member’s independent legal counsel has not aligned their defence with that of DriveQuix, DriveQuix may call upon the Member to engage alternative counsel as advised by DriveQuix, at the Member’s own cost.

13.4 Members must immediately notify and deliver to DriveQuix every summons, complaint, document, or notice of any kind received in connection with any accident, theft, or other incident involving a DriveQuix vehicle.

14. Severability & Entire Agreement

If any term, provision, covenant, or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the Agreement will continue in full force and effect as if executed without the invalid provision. The parties agree to substitute any invalid provision with a valid provision that most closely reflects the original intent and economic effect.

This Agreement, together with the User Guide, Trip Process, Member Application, DriveQuix Car Rental Policy/Rate Schedule, and any applicable consent forms and amendments, constitutes the entire agreement between the Member and DriveQuix, and supersedes all prior understandings and agreements. The Member acknowledges that they have not relied on any representation, guarantee, or warranty except those expressly set out in this Agreement.

15. No Waiver

No term of this Agreement may be changed or waived except in writing signed by an authorised representative of DriveQuix. No waiver of a default by either party shall be construed as a waiver of any prior or subsequent default under this Agreement.

16. Assignment or Transfer

The rights granted to the Member under this Agreement are personal and may not be assigned or transferred, in whole or in part. Any attempt to transfer this Agreement without DriveQuix’s written consent shall be void and of no effect. DriveQuix may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction.

17. No Agency

The Member shall not, under any circumstances, be deemed an agent, servant, or employee of DriveQuix for any purpose whatsoever.