The Host shall maintain a minimum of third party comprehensive insurance as mandated by Motor Vehicles Act, 1988 for the vehicle with an insurance company of its choice (“Vehicle Insurance”).
The Lessee shall be responsible for payment of all expenses associated with any risks and ensuing damage to the vehicle including without limitation theft, partial or total destruction etc.
In doing so, the Lessee shall be required to avail trip protection plans/insurance through the Platform and shall be required to avail so at requisite fee (Damage Protection Fee) over and above the Lease Rental. Lessee acknowledges and agrees to abide to the terms and conditions pertaining to the trip protection plan/insurance, including without limitation its coverage, exclusions and process of invocation.
All claim payments from the insurance company shall be made to Host via the Platform or to designated workshops.
Platform shall assist the Lessee in administration of claims with the insurance company.
The Host understands and undertakes that he/she shall not act in a manner contrary or prejudicial to the Platform or the Lessee and extend his/her full cooperation and participation at the time of any such claim being invoked under the trip protection plan/insurance.
The Host also understands and agrees that in the event that the Host refuses, interferes, prevents the administration of the claim in any manner or repossesses the vehicle which is undergoing any maintenance/repair due to invocation of insurance, he/she shall forfeit any rights to claim damages from the Lessee/ insurance company as the case maybe. Neither Zoomcar nor the Lessee will be liable to make good any damages in such situation and shall stand discharged of all liabilities therein.
The Lessee shall not do or omit to do or be done or permit or suffer any act which might or could prejudicially vitiate or affect any such insurance and shall at all times extend full cooperation so that the claims can be effectively administrated and invoked with the insurance company
The Host also understands and agrees that for the events including but not limited to the below listed, the vehicle shall not be protected under any trip protection plan/insurance. if:
- The damage occurs when the vehicle was in possession of Host and/or occurs due to deliberate/negligent acts of the Host itself.
- Any damage arising due to normal wear and tear of the vehicle or depreciation in quality or value of the vehicle as such including but not limited to self-heating, electrical arcing or leakage etc.
- Any specific exclusions as maybe listed by the insurance company in such a trip protection plan/insurance.
In case of total loss of vehicle, the Host understands and agrees to bind themselves to the depreciation level as prescribed under law or as prescribed by the relevant insurance company in line with market practice.
The Lessee also understands and agrees that certain damages/incidents as listed below are not covered under such trip protection plans and the Lessee will fully and personally be held liable for all costs and damages.
The following shall not be covered under trip protection plan/insurance:
Any deliberate act of damaging the vehicle by the Lessee or any of his/her co-driver.
- Any damage to the vehicle due to negligence or rash driving on part of the Lessee.
- The Lessee was tested with alcohol in blood or breath or used drugs and or other stimulants prohibited by the law.
- The Lessee used the vehicle in a manner that is in contravention of law or the traffic regulations (over speeding, driving in restricted areas or any other illegal usage for racing/commercial usage etc).
In the event of any damage, theft, or destruction of the Vehicle during the Lessee shall promptly inform the Platform and render all documentation and information including but not limited to information about the accident, assistance in filing of FIR or other relevant details as maybe necessary to invoke a claim with the company providing the trip protection plan/insurance with the assistance from the Platform.
Accordingly, the Lessee shall pay to the Host, the amount of loss and/or damage not paid under the trip protection plan/insurance and be liable for the following:
In case of Damage:
The difference, if any, between the actual amount incurred in repairing the damage to the vehicle and the amounts recovered/to be recovered under the Vehicle Insurance.
In case of theft/total loss of the Vehicle:
● The shortfall between the claim amount received under the trip protection plan/insurance, and the book value of the vehicle at that time of its theft/total loss.
● If usage of vehicle at the time of its theft/total loss exceeds the Agreed Mileage (defined below), charge of the excess mileage incurred as per the rate specified in Fee Policy.
● other cost/expense incurred by the Host for/in respect of assessment loss suffered by the vehicle and possibility of its restoration.
● other charges, if any, remaining unpaid by the Lessee under the Lease Agreement.
Notwithstanding any such additional trip protection plan/insurance availed, under no circumstances shall Zoomcar be held liable towards the parties or a third party for any loss or damage that may be suffered by the parties or a third party, whether or not the same may be attributed to parties.