TERMS OF SERVICE
Effective Date: 01-JAN-2025
1. Introduction
Welcome to Gonna Drive, your trusted partner for renting cars and bikes. Operated by Cryscol Solutions, Gonna Drive is committed to offering convenient, reliable, and efficient vehicle rental services to meet your personal and business transportation needs. Whether you’re looking for a short-term rental to explore the city or a long-term solution for your commute, we aim to provide a seamless experience through our website and mobile application.
These Terms of Service (“Terms”) are designed to outline the rules, guidelines, and legal agreements that govern your access to and use of Gonna Drive’s platform and services. By choosing to engage with us, you are not only gaining access to a wide range of quality vehicles but also entering into a binding agreement with us. These Terms are essential to ensure the safety, reliability, and fairness of our services for all users.
We value transparency and accountability, which is why this document clearly defines the rights and responsibilities of both parties—Gonna Drive as the service provider and you as the customer. It details how you can utilize our services, the limitations of liability, your obligations as a user, and the policies that apply to bookings, payments, cancellations, and refunds.
By accessing or using Gonna Drive’s platform, you acknowledge that you have read, understood, and agreed to these Terms. This includes compliance with all applicable laws, regulations, and guidelines related to vehicle rentals. If you do not agree with any part of these Terms, we kindly request that you refrain from using our platform or services.
We understand that renting a vehicle is more than just a transaction—it’s a matter of trust. Gonna Drive is dedicated to ensuring a safe and reliable experience for all our customers. Through these Terms, we aim to build a foundation of mutual understanding and respect, creating a relationship that benefits everyone involved.
Thank you for choosing Gonna Drive. We look forward to serving your transportation needs and making your journey as smooth as possible. If you have any questions or require further clarification regarding these Terms, please do not hesitate to contact us.
2. Eligibility for Use
To access and use our services, you must meet the following eligibility criteria:
- Age Requirement: To ensure responsible use of vehicles, Gonna Drive requires that all users must be at least 18 years old. This age limit reflects the minimum legal age in most jurisdictions for entering binding agreements and being eligible for a driver’s license. By imposing this restriction, the company ensures that only individuals with the maturity to handle the responsibilities of renting and operating a vehicle are granted access to the service.
- Driving License: One of the most critical eligibility criteria is the requirement for a valid driver’s license. Customers must present a driver’s license appropriate for the type of vehicle they wish to rent, such as a motorcycle license for bikes or a general driver’s license for cars. The license must be up to date, not suspended, revoked, or expired. This requirement not only complies with legal norms but also ensures that users have the necessary skills to operate the rented vehicle safely. To verify eligibility, Gonna Drive mandates the presentation of the driver’s license during the pickup process.
- Legal Compliance: Customers must agree to comply with all applicable local, state, and national laws related to vehicle operation. This includes obeying traffic rules, speed limits, and restrictions on where the vehicle can be used. Legal compliance ensures the safety of all road users and minimizes the risk of accidents, penalties, or other legal issues during the rental period.
- Information Accuracy: To create an account or complete a booking, users are required to provide accurate and complete personal information. This includes their full name, contact details, and payment information. Accurate data is essential for maintaining transparency, ensuring smooth transactions, and facilitating any communication required during or after the rental period. Providing false or misleading information, whether intentionally or unintentionally, may result in the cancellation of the booking or denial of services.
- Restricted Access for Certain Users: Gonna Drive reserves the right to restrict access to its services for individuals who have previously violated the Terms of Service, engaged in fraudulent activities, or misused the service. By doing so, the company ensures that its platform remains secure and that only responsible individuals are granted the privilege of using its vehicles.
3. Booking and Payment
Booking Process:
The booking process refers to the steps a customer takes to reserve a vehicle for rental through the Gonna Drive platform, which could be either the website or mobile app.
- Selecting the Vehicle:
- Customers begin by selecting the vehicle they wish to rent, which can range from cars to bikes. The platform provides detailed information on the available options, including vehicle types, models, features, and rental prices.
- Users can filter their search based on factors such as vehicle type, rental duration, and location.
- Choosing Rental Duration and Pickup Details:
- Customers need to specify the rental duration, whether for a few hours, a day, or longer. The rental period is flexible, allowing customers to choose a timeframe that suits their needs.
- Pickup and drop-off locations, as well as times, must be selected during the booking process. Gonna Drive will provide options for users to select the most convenient locations for vehicle pick-up.
- Personal Information and Documentation:
- After selecting the vehicle, the customer must enter necessary personal information, such as their name, contact details, and a valid driving license number.
- Customers may also be required to upload additional documents or images for verification, such as a photo of their driver’s license and any proof of identity or age.
- Booking Confirmation:
- Once all the details are entered and the vehicle is selected, customers receive a booking confirmation. This confirmation may be immediate or after verification, depending on the platform’s setup.
- The confirmation typically includes the rental details, pickup instructions, the vehicle reserved, and any other relevant terms (e.g., terms of insurance, excess mileage fees, etc.).
Payment Process:
Once the booking is confirmed, customers proceed to make payment for the reservation. This section outlines the accepted payment methods, payment schedules, and what customers can expect during the transaction.
- Accepted Payment Methods:
- Gonna Drive accepts a variety of payment methods, including credit cards, debit cards, online wallets, and other digital payment platforms. The payment methods will be listed clearly on the platform to ensure customers are aware of what is available.
- Depending on the region, local payment methods may also be offered to accommodate customer preferences.
- Payment for Booking:
- The payment amount is determined by the rental vehicle selected, the rental duration, and any additional services or insurance options added.
- Full payment is generally required at the time of booking, though Gonna Drive may offer an option for customers to make a deposit and pay the remainder later, depending on the service terms.
- Prices are displayed upfront, with a breakdown of costs (e.g., base rental price, insurance, taxes, extra fees). This ensures transparency so customers know exactly what they are paying for.
- Payment Authorization:
- Upon submitting payment details, the payment is processed through a secure payment gateway. The customer will receive an authorization notice confirming that their payment has been received and successfully processed.
- In the event of payment failure or an issue with the payment method, the booking will not be finalized, and the customer will be informed of the failure and prompted to rectify the issue.
- Cancellation Fees and Charges:
If a customer cancels the booking (either before or after payment), the payment policy outlined in the Refund and Cancellation Policy applies. Depending on the timing of the cancellation, the customer may be charged a cancellation fee or refunded a portion of the amount paid.
In some cases, if the cancellation is made well in advance of the rental period, the customer may be eligible for a partial refund, subject to the terms set out in the Refund and Cancellation Policy.
- Additional Fees:
- If a customer exceeds the agreed-upon rental period, additional charges will apply, which will be added to the total payment due at the time of vehicle return.
- Additional fees could also include insurance costs, vehicle cleaning fees, damage or fuel charges, or penalties for late return. These extra charges should be clearly stated at the time of booking.
Security Deposits:
- Purpose of Security Deposits:
- Gonna Drive may require customers to pay a security deposit at the time of booking or vehicle pickup. The security deposit serves as a safeguard against potential damages, accidents, or penalties that may arise during the rental period.
- The deposit is typically refundable, minus any applicable charges for damages, fines, or other liabilities incurred by the customer during the rental.
- Amount of Security Deposit:
- The deposit amount will vary depending on the vehicle rented and the rental duration. It will be outlined during the booking process, so the customer is fully aware of what will be charged at the time of pickup.
- The amount of the security deposit is typically held on the customer’s payment method and will be refunded after the vehicle is returned in the same condition as when it was rented.
Currency and Payments:
- Currency:
- Payments are typically processed in the local currency of the rental location (e.g., INR for India). However, if customers book from a different country, they may be charged in their local currency, and exchange rates may apply.
- Gonna Drive ensures that all prices are displayed clearly, and customers can see the total cost in their preferred currency before proceeding with payment.
4. Vehicle Pickup and Usage:
Vehicle Pickup Process:
- Confirmation and Identification
Verification of Booking: Upon arriving at the pickup location, customers are required to present their booking confirmation, along with a valid government-issued ID and the driver’s license that was used during the reservation process. This verification ensures that the person picking up the vehicle is the one who made the reservation and meets the eligibility criteria.
Inspection of Vehicle: Before handing over the vehicle, a Gonna Drive representative will conduct a pre-rental inspection with the customer. This includes checking the vehicle for any existing damage, ensuring it is in good working condition, and confirming that it meets the safety and regulatory standards. The customer is expected to be present during this inspection to acknowledge and confirm the vehicle’s condition.
Documentation: Both the customer and the Gonna Drive representative will document the vehicle’s condition, including taking photos or videos of any existing damage (e.g., scratches, dents, tire wear). The customer’s acceptance of the vehicle condition will be recorded on the platform to avoid disputes when the vehicle is returned.
- Fuel Level
Full Tank Policy: Customers are typically expected to pick up the vehicle with a full tank of fuel. Unless otherwise stated, the customer must return the vehicle with the same amount of fuel. If the vehicle is returned with less fuel, the customer will be charged for the missing fuel, typically at a higher rate than the standard cost of fuel, in addition to a refueling fee.
Fuel Level Inspection: A Gonna Drive representative will confirm the fuel level at the time of pickup and note it in the rental agreement to ensure both parties are clear about the expectations.
- Security Deposit
Deposit Collection: At the time of pickup, customers may be required to provide a security deposit, which is held to cover any potential damage or excess charges during the rental period. The deposit amount will vary depending on the type of vehicle, the rental duration, and the customer’s history with the platform.
Refund of Deposit: Once the vehicle is returned in the same condition as when it was rented (subject to inspection), the deposit will be refunded to the customer’s payment method, minus any applicable charges for damages or penalties.
- Rental Agreement
Signing the Agreement: Customers are required to sign the rental agreement, which outlines the terms and conditions of the rental, including the vehicle’s usage, insurance coverage, and liabilities. This agreement serves as the legal contract between the customer and Gonna Drive and must be signed before the vehicle is released.
Understanding the Terms: Customers are encouraged to carefully read and understand the rental agreement, as it includes important information regarding the vehicle’s usage, return policy, insurance coverage, and any restrictions that apply during the rental period.
Vehicle Usage Responsibilities:
- Authorized Use
Who Can Drive: Only the customer who signed the rental agreement and whose details are listed in the booking is authorized to drive the vehicle. The customer may not permit anyone else to drive the vehicle, whether or not they have a valid driver’s license. If the vehicle is driven by someone other than the authorized driver, the customer may be held liable for any damages or violations.
Geographic Restrictions: The customer is prohibited from taking the vehicle outside of the area specified in the rental agreement. If the rental is for a specific city or region, driving the vehicle to a different location or across international borders without prior approval from Gonna Drive is not permitted.
Usage Type: The vehicle must only be used for lawful and intended purposes. For example, customers are not allowed to use the vehicle for commercial purposes (e.g., ridesharing or transporting goods for payment) unless explicitly stated in the rental agreement.
- Obligations While Using the Vehicle
Maintenance and Care: Customers are responsible for taking proper care of the vehicle while it is in their possession. This includes maintaining the vehicle in good operating condition, ensuring it is properly parked and secured, and reporting any mechanical issues immediately to Gonna Drive.
Fuel and Cleaning: The customer is expected to maintain the vehicle in the same condition it was received. This includes keeping the vehicle clean and refueling it as necessary. Gonna Drive may charge the customer for cleaning if the vehicle is returned excessively dirty or with trash left inside.
Traffic Laws and Legal Compliance: The customer is responsible for adhering to all traffic laws, including speed limits, seat belt usage, and laws governing the operation of the vehicle in the region. Any fines or penalties incurred during the rental period (e.g., traffic tickets, parking violations) are the customer’s responsibility.
Accidents or Damages: If the vehicle is involved in an accident, the customer must immediately report the incident to local authorities and Gonna Drive. The customer is responsible for all damages to the vehicle unless the customer has purchased additional insurance that covers accidents and damages.
- Insurance Coverage
Basic Coverage: All rentals from Gonna Drive come with basic insurance coverage, which typically includes third-party liability for damages caused to other vehicles or property. However, this may not cover damages to the rented vehicle itself or injuries to the driver and passengers.
Optional Insurance: Customers may choose to purchase additional insurance coverage (e.g., collision damage waiver, personal accident insurance) for an extra fee at the time of booking. This additional insurance provides extra protection in case of accidents, theft, or damage to the rented vehicle.
Customer’s Responsibility: The customer remains liable for damages, loss, or theft that occurs during the rental period unless they have purchased sufficient insurance. The customer will be liable for all costs exceeding the insurance coverage, such as the cost of repairs, replacement, or administrative fees.
Vehicle Restrictions:
- Prohibited Activities
Driving Under the Influence: Driving the vehicle while under the influence of alcohol, drugs, or any other substance that impairs driving ability is strictly prohibited. If the customer is found to be driving under the influence, the rental agreement may be terminated immediately, and the customer may be held responsible for any resulting damages or legal consequences.
Off-Road Usage: The vehicle may not be used off-road unless specifically permitted for off-road rentals. Using the vehicle on rough terrains, beaches, or areas where damage could occur may result in penalties and charges for repairs.
Towing and Load Limits: The vehicle cannot be used for towing other vehicles or heavy loads unless it is designed for such use. Customers are prohibited from overloading the vehicle beyond its designated capacity.
- Modifications
No Modifications: The customer is prohibited from modifying or altering the vehicle in any way during the rental period, including adding accessories, stickers, or modifications to the engine or structure. Any alterations or damages caused by such modifications will be the responsibility of the customer.
Returning the Vehicle:
- Return Process
On Time: The customer is required to return the vehicle on time as per the rental agreement. Delays in returning the vehicle may result in additional charges for each hour or day the vehicle is kept beyond the agreed return time.
Condition of the Vehicle: The vehicle should be returned in the same condition as when it was rented, with no damage, and with the same fuel level. If the vehicle is returned with damages, the customer will be responsible for the repair costs.
Inspection of the Vehicle: Upon return, the vehicle will be inspected by a Gonna Drive representative to ensure that it is in good condition and that no damage or missing parts are identified. The customer will be informed of any charges for damages or missing items, which will be deducted from the security deposit, if applicable.
- Late Return Fees
- If the vehicle is returned later than the scheduled return time without prior notification or agreement, the customer will incur late return fees. The fees may vary depending on the rental terms, the vehicle type, and the length of the delay.
5. Customer Responsibilities
- Legal and Safe Operation of the Vehicle:
Obeying Traffic Laws: Customers are responsible for abiding by all traffic laws and regulations during the rental period. This includes, but is not limited to, speed limits, stop signs, traffic signals, pedestrian right-of-way, and all other rules governing the safe and lawful operation of a vehicle. Any violation of these laws can result in fines, penalties, or legal consequences, which the customer will be responsible for paying.
No Driving Under the Influence: Driving under the influence of alcohol, drugs, or any other substances that impair driving ability is strictly prohibited. If a customer is found to be driving while impaired, Gonna Drive reserves the right to terminate the rental agreement immediately. The customer will be held responsible for any damages, fines, or legal issues arising from such behavior.
No Reckless Driving: The customer must drive the vehicle responsibly. Reckless driving, such as speeding, tailgating, excessive acceleration, or other aggressive driving behaviors, can lead to damage to the vehicle, accidents, and possible legal ramifications. The customer is responsible for any damages or legal actions resulting from reckless driving.
- Vehicle Usage and Maintenance:
Only Authorized Drivers: The customer is the only individual authorized to drive the vehicle. They cannot permit anyone else, including friends, family, or colleagues, to operate the vehicle without prior permission from Gonna Drive. If the vehicle is driven by someone other than the authorized driver, the customer will be liable for any damages or violations that occur during that time.
Proper Care and Maintenance: The customer is expected to take reasonable care of the vehicle during the rental period. This includes ensuring the vehicle is used for its intended purpose, maintaining it in good condition, and avoiding any misuse that may lead to damage. Customers should regularly check the vehicle’s oil, tires, and fluid levels, and ensure that any issues that arise are promptly reported to Gonna Drive.
Fuel and Cleaning: The customer is responsible for maintaining the fuel levels in the vehicle. Unless otherwise agreed, the customer should return the vehicle with the same fuel level it had at pickup. If the vehicle is returned with less fuel, the customer will be charged for refueling, typically at a higher rate than the current fuel market rate. Additionally, the customer should ensure that the vehicle is returned clean and free from excessive dirt or waste. If the vehicle requires cleaning upon return, the customer will be charged a cleaning fee.
Damage Prevention: The customer must take all necessary steps to prevent damage to the vehicle during the rental period. This includes driving cautiously, avoiding hazardous conditions (e.g., extreme weather, rough terrain), and taking proper care when parking. If damage occurs due to negligence or misuse, the customer will be responsible for the repair costs.
- Reporting and Handling Accidents or Issues:
Accident Reporting: If the vehicle is involved in an accident or collision, the customer is required to immediately notify the relevant authorities and file a police report if necessary. The customer must then inform Gonna Drive of the incident, providing details of the accident, the involved parties, and any other relevant information. Failure to report an accident in a timely manner may result in the customer being held responsible for damages that would otherwise be covered by insurance.
Damage or Mechanical Issues: If the customer notices any mechanical issues, damage, or malfunctions with the vehicle during the rental period, they must report these issues to Gonna Drive immediately. Customers are not authorized to repair or modify the vehicle themselves, as doing so could void any insurance coverage or warranty provided by Gonna Drive. Instead, Gonna Drive will arrange for repairs or replacements as necessary.
Theft and Vandalism: If the vehicle is stolen or vandalized during the rental period, the customer must report the incident to the police and provide Gonna Drive with a copy of the police report. If the customer is found to be negligent in securing the vehicle (e.g., leaving it unlocked or unattended in an unsafe area), they may be held financially responsible for the vehicle’s loss or damage.
- Vehicle Return and Timeliness:
On-Time Return: The customer must return the vehicle at the agreed-upon time and location as specified in the rental agreement. If the vehicle is not returned on time, the customer will incur additional charges, often calculated on an hourly or daily basis, depending on the late return duration. It is essential for customers to communicate any potential delays ahead of time to avoid unexpected charges.
Condition of the Vehicle Upon Return: The customer is required to return the vehicle in the same condition it was in at the time of pickup, minus normal wear and tear. Any damage, missing parts, or significant deterioration of the vehicle will be assessed upon return, and the customer will be held financially responsible for repairs or replacements as needed.
Vehicle Inspection: A Gonna Drive representative will conduct a final inspection of the vehicle at the time of return. This inspection will verify the vehicle’s condition, including the fuel level, cleanliness, and any signs of damage. The customer is encouraged to be present during this inspection and may be asked to sign an acknowledgment of the vehicle’s condition at the time of return.
- Financial Responsibility for Additional Charges:
Late Fees: If the vehicle is returned later than the scheduled return time, the customer will be charged late fees. These fees are typically calculated based on an hourly or daily rate and will be added to the total cost of the rental. Customers should ensure they return the vehicle on time to avoid these additional charges.
Damage Fees: If the vehicle is returned with damage, the customer will be charged for repairs. The cost of repairs will be determined based on the extent of the damage, and the customer will be responsible for paying these costs. The repair cost may be deducted from the security deposit, and if the deposit does not cover the total damage cost, the customer will be required to pay the difference.
Fuel Charges: If the vehicle is returned with less fuel than at the time of pickup, the customer will be charged for refueling. Additionally, a fuel service charge may be added to the total cost if the vehicle requires refueling upon return.
Cleaning Fees: If the vehicle is excessively dirty or contains trash when returned, the customer will be charged a cleaning fee. This fee will cover the cost of cleaning the vehicle to restore it to its rental condition.
- Adherence to Rental Agreement Terms
Compliance with Agreement: The customer is expected to comply with all terms and conditions outlined in the rental agreement. Any breach of these terms, such as unauthorized use of the vehicle or failure to return the vehicle on time, can result in penalties or termination of the rental agreement. The customer may also be liable for any damages or legal fees incurred due to non-compliance with the agreement.
No Modification of Vehicle: The customer is prohibited from making modifications to the vehicle during the rental period. This includes adding accessories, changing the vehicle’s features, or altering its performance in any way. Any unauthorized modifications will result in the customer being held financially responsible for restoring the vehicle to its original condition.
- Insurance and Liability:
Purchase of Insurance: While basic insurance coverage is typically included in the rental, the customer has the option to purchase additional insurance for extra protection. Customers are responsible for any costs incurred from accidents, damages, or loss that exceeds the coverage limits. If the customer does not purchase additional insurance, they will be responsible for paying for any repairs or replacements out-of-pocket.
Liability for Damages: In the event of an accident, theft, or damage caused to the vehicle, the customer is liable for any expenses that fall outside of the insurance coverage. This includes repair costs, legal fees, or any penalties that result from the customer’s actions.
7. Prohibited Activities
- Driving Under the Influence of Alcohol or Drugs:
Strict Prohibition: Driving a rented vehicle under the influence of alcohol, drugs (prescribed or recreational), or any substance that impairs the driver’s ability to operate the vehicle safely is strictly prohibited. This includes alcohol consumption, illegal drugs, prescription drugs with impairing side effects, or any other substance that may affect the driver’s reaction time, judgment, or motor skills.
- Reckless or Aggressive Driving:
Dangerous Driving Behavior: The customer must operate the vehicle in a safe and responsible manner at all times. Reckless or aggressive driving, such as speeding, tailgating, harsh braking, sudden acceleration, and weaving between lanes, is strictly prohibited. These behaviors can endanger the driver, passengers, pedestrians, and other road users, and may cause unnecessary wear and tear or damage to the vehicle.
- Off-Road Driving:
Restricted Terrain Use: The vehicle rented from Gonna Drive is intended for regular road use unless otherwise stated in the rental agreement. Off-road driving, such as using the vehicle in rugged terrain, on dirt roads, or in areas not suitable for regular vehicles, is strictly prohibited unless the vehicle is specifically rented for off-road use (e.g., SUVs designed for such terrain).
- Unauthorized Drivers:
Only Authorized Drivers: The customer signing the rental agreement is the only person authorized to operate the rented vehicle. The vehicle may not be driven by anyone who is not listed as an authorized driver in the rental agreement. Any other individual driving the vehicle without permission is considered unauthorized.
- Subletting or Using the Vehicle for Commercial Purposes:
No Subletting: The vehicle is not to be rented, loaned, or sublet to third parties by the customer. The customer cannot transfer the vehicle to another person or allow another person to rent or use the vehicle during the rental period.
No Commercial Use: The vehicle is intended for personal use only. Using the vehicle for commercial purposes such as ridesharing, transporting goods for payment, or offering it for use in any paid transportation service (e.g., Uber, Lyft, delivery services) is strictly prohibited unless agreed upon beforehand in the rental terms.
- Illegal Activities:
No Illegal Use: The vehicle rented from Gonna Drive must not be used for any illegal activities. This includes using the vehicle for committing crimes (e.g., transporting illegal substances, engaging in criminal activities, or evading law enforcement). The vehicle must be used in compliance with all applicable laws, including traffic laws, environmental regulations, and any other relevant legal requirements.
- Modifications to the Vehicle:
No Modifications: The customer is prohibited from making any modifications or alterations to the rented vehicle. This includes, but is not limited to, changing the vehicle’s engine, appearance, performance, or any other aspect that alters the vehicle from its original condition. Adding accessories or parts, such as custom tires, seat covers, or entertainment systems, without permission is also prohibited.
- Smoking Inside the Vehicle:
No Smoking: Smoking inside the rented vehicle is strictly prohibited. This includes smoking tobacco, e-cigarettes, vaping, or using any other form of smoking device. Smoking inside the vehicle can cause lingering odors, staining, and potential damage to the interior.
- Unauthorized Modifications to Vehicle Equipment:
No Removal of Equipment: Customers are prohibited from removing or tampering with any equipment or accessories in the vehicle, such as GPS systems, car seats, emergency kits, or any other rented accessories. These items are part of the vehicle package and must be returned in the same condition as when the vehicle was rented.
- Towing and Transporting of Other Vehicles:
No Towing: The vehicle rented from Gonna Drive may not be used to tow other vehicles, trailers, or heavy loads unless explicitly stated in the rental agreement. Towing without authorization can cause significant damage to the vehicle’s engine, transmission, and other components, and is therefore prohibited.
- Overloading the Vehicle:
Weight Limits: The customer is not permitted to exceed the vehicle’s weight limit, which includes the total weight of all passengers and luggage. Overloading the vehicle can affect its performance, safety, and fuel efficiency, and may lead to excessive wear on critical components.
8. Liability Limitations
- Exclusion of Liability for Damages or Loss Not Caused by Gonna Drive:
No Liability for Acts Beyond Control: Gonna Drive is not liable for any damage or loss that occurs due to events beyond its reasonable control. This includes, but is not limited to, natural disasters (earthquakes, floods, storms), strikes, civil unrest, accidents, or acts of terrorism. In such cases, Gonna Drive will not be held responsible for any resulting damages to the rented vehicle or inconvenience caused to the customer.
Force Majeure Events: If any unforeseen circumstances, such as force majeure events (e.g., natural disasters, pandemics, government-imposed restrictions), occur during the rental period, Gonna Drive will not be held liable for any delays, damages, or service interruptions resulting from such events. Customers should consider purchasing travel insurance or other coverage for protection in case of such events.
- Customer's Liability for Vehicle Damage:
Financial Responsibility for Vehicle Damages: The customer is fully liable for any damage caused to the rented vehicle during the rental period, unless the damage is covered by an insurance policy purchased through Gonna Drive. This includes both minor and major damages, such as scratches, dents, and mechanical failures caused by improper use or neglect. The customer agrees to pay for the full cost of repairs or replacement if the vehicle is damaged, regardless of the cause, except where caused by faults in the vehicle that are not attributable to the customer.
Exclusion from Liability Due to Defects or Wear: Gonna Drive will not be held responsible for pre-existing defects in the vehicle or damage caused by normal wear and tear. Customers must report any mechanical problems or damage to the vehicle at the time of rental or as soon as they are noticed. However, the customer will be liable for any issues arising from misuse, lack of maintenance, or failure to report problems.
- Limits of Liability for Injury or Property Damage:
No Liability for Personal Injury: Gonna Drive is not responsible for any personal injury sustained by the customer, their passengers, or any other third party while using the rented vehicle, except in cases where such injury is caused by the company's negligence. Customers must ensure that they and their passengers are using seat belts and adhering to all safety measures to minimize the risk of injury. Gonna Drive does not provide medical insurance, and customers should arrange for their own coverage if needed.
Damage to Third-Party Property: While Gonna Drive may provide certain insurance coverage, the customer is ultimately responsible for damage to third-party property (e.g., other vehicles, structures, fences) caused by the rental vehicle. In the event of an accident, the customer will be responsible for resolving claims or paying damages to any third parties, unless the incident is caused by Gonna Drive’s negligence.
Indemnification: The customer agrees to indemnify and hold harmless Gonna Drive from any claims, damages, or legal actions brought by third parties related to injuries, property damage, or any other liabilities resulting from the customer’s use of the rented vehicle. This means that if a third party sues Gonna Drive due to the customer’s actions, the customer will bear the costs, including legal fees and settlements, associated with defending or resolving such claims.
- No Liability for Delays or Cancellations:
Vehicle Availability: While Gonna Drive strives to ensure that the rented vehicle is available at the agreed-upon time and location, the company cannot guarantee that the vehicle will be ready due to unexpected issues such as mechanical failure or logistical delays. In such cases, Gonna Drive will make reasonable efforts to provide an alternative vehicle or reschedule the rental period. However, Gonna Drive will not be held liable for any financial loss or inconvenience caused by such delays or cancellations.
Cancellation by Customer: If the customer chooses to cancel the reservation or change the rental period, Gonna Drive will adhere to the cancellation policy stated in the agreement. However, Gonna Drive will not be liable for any losses the customer may incur as a result of the cancellation, including lost travel arrangements or missed events.
No Liability for Non-Performance: Gonna Drive is not liable for any inability to perform its obligations under the rental agreement if the customer fails to comply with the rental terms (e.g., failure to provide required documents, improper payment), or if the vehicle is unavailable due to reasons beyond Gonna Drive’s control (e.g., force majeure events, accidents, or unforeseen breakdowns).
- Limitation on the Amount of Liability:
Cap on Liability: The maximum liability of Gonna Drive for any claim, damage, or loss arising from the rental agreement will not exceed the total rental fee paid by the customer for the duration of the rental period. This means that in the case of any dispute or claim, Gonna Drive’s liability is limited to the amount the customer paid for the rental, regardless of the nature or extent of the damage or loss.
No Liability for Consequential Losses: Gonna Drive is not liable for any indirect, consequential, or punitive damages that may arise as a result of renting a vehicle, including but not limited to lost profits, loss of business opportunities, reputational damage, or inconvenience. Customers acknowledge that they will not seek to recover such losses from Gonna Drive.
No Liability for Loss of Personal Belongings: Gonna Drive is not responsible for any personal belongings left inside the rented vehicle during the rental period. Customers should ensure that they remove all valuables from the vehicle before returning it. Any lost or stolen items will be the customer’s responsibility.
- Exclusions of Warranty:
No Warranty on Vehicle Condition: While Gonna Drive makes every effort to ensure that its vehicles are in good working condition at the time of rental, no warranty is provided regarding the condition, performance, or fitness of the vehicle for any particular purpose. The vehicle is rented "as-is," and the customer agrees to use the vehicle at their own risk.
No Warranty on Additional Services: If Gonna Drive provides additional services, such as GPS systems, car seats, or other accessories, no warranty is offered regarding their functionality or performance. Customers who use these additional services do so at their own risk, and Gonna Drive will not be held liable for any issues that arise from their use.
- Third-Party Services and External Links:
No Liability for Third-Party Services: Gonna Drive may provide customers with access to third-party services or external websites (e.g., booking platforms, insurance providers). However, Gonna Drive is not responsible for any actions, claims, damages, or disputes arising from such third-party services. Customers should review the terms and conditions of any third-party service provider before engaging with them.
Limitation of Responsibility for External Services: Any third-party services offered alongside the vehicle rental (e.g., travel insurance, roadside assistance) are separate from the rental agreement and are subject to the terms and conditions of the third-party provider. Gonna Drive does not assume responsibility for the performance or quality of these external services.
9. Data Privacy:
- Collection of Personal Data:
Gonna Drive collects personal data from customers to facilitate the vehicle rental process, improve the customer experience, and comply with legal and operational requirements. The types of data collected may include:
Personal Identifiers: Name, address, phone number, email address.
Payment Information: Credit card details or other payment methods used for the transaction.
Driver’s License Information: For verification and legal compliance, Gonna Drive collects driver’s license details.
Booking Information: Details related to the booking, such as rental dates, vehicle preferences, pick-up and drop-off locations, and travel itineraries.
Vehicle Usage Data: Information related to the vehicle's location, speed, and condition during the rental period, which may be collected through GPS or telematics systems installed in the vehicle.
Communication Data: Records of interactions with customer service or support, including emails, phone calls, or chat logs.
Customers are informed about what data is being collected and are required to provide consent before any data collection takes place. The data collected is necessary for the execution of the rental agreement and to provide services effectively.
- Use of Personal Data:
Gonna Drive uses the collected data for the following purposes:
Rental Processing: To confirm bookings, process payments, and facilitate the rental agreement between the customer and Gonna Drive.
Customer Support: To respond to customer inquiries, resolve complaints, or provide assistance regarding bookings, vehicles, or services.
Legal Compliance: To comply with relevant laws, including verifying the customer's identity and ensuring that the rental vehicle is used in accordance with legal requirements (e.g., age restrictions, driving license verification).
Operational Management: To monitor vehicle usage, track the location of vehicles for safety and security, and ensure proper maintenance of the fleet.
Marketing and Communication: With the customer’s consent, Gonna Drive may use their data to send promotional materials, service updates, or customer satisfaction surveys. Customers can opt out of these communications at any time.
Fraud Prevention and Security: To detect and prevent fraudulent activities, Gonna Drive may analyze customer behavior or usage patterns to identify suspicious activities.
Data is used strictly for the purpose of providing, improving, and securing the services offered by Gonna Drive. Customers’ data will not be sold or shared with third parties unless necessary for business operations (e.g., third-party payment processors) or as required by law.
- Data Storage and Security:
Gonna Drive takes the security of customer data very seriously and implements robust measures to protect against unauthorized access, loss, or alteration of personal information. These measures include:
Encryption: Sensitive data, such as payment information, is encrypted both in transit and at rest using industry-standard encryption protocols. This ensures that customer data is kept confidential and protected from unauthorized access.
Access Control: Only authorized personnel who require access to customer data for business purposes have the ability to view or process it. Access to customer data is restricted using secure login credentials and other authentication methods.
Data Backups: Regular backups of customer data are performed to ensure data integrity and availability in the event of system failures or security breaches.
Monitoring and Auditing: Systems are continuously monitored for potential security threats, and any unusual or suspicious activity is flagged for investigation.
Despite these efforts, Gonna Drive cannot guarantee complete protection from all potential threats, such as sophisticated cyberattacks or data breaches. In the event of a breach, customers will be notified as soon as possible and steps will be taken to mitigate the damage.
- Sharing of Personal Data:
Gonna Drive will not share customer data with third parties unless required for the following reasons:
Service Providers: Gonna Drive may share data with third-party service providers that assist in the operation of the business, such as payment processors, marketing agencies, or vehicle tracking services. These third-party providers are bound by confidentiality agreements and are required to use customer data only for the specified purpose.
Legal Compliance: Gonna Drive may disclose customer data when required by law, such as to comply with a subpoena, legal request, or regulation. This may include sharing data with law enforcement or regulatory authorities for the purpose of investigating fraud, accidents, or legal violations.
Corporate Transactions: In the event of a merger, acquisition, or sale of the business, customer data may be transferred to the acquiring entity. Customers will be notified in advance of such a transfer.
Data shared with third parties is done so in a manner that ensures the privacy and confidentiality of the information.
- Customer Rights and Control Over Data:
Under data protection laws, customers have certain rights regarding their personal information, including:
Right to Access: Customers have the right to request access to the personal data that Gonna Drive holds about them. This allows customers to verify what data is being collected and how it is being used.
Right to Rectification: If any personal data is incorrect or incomplete, customers have the right to request that it be corrected or updated.
Right to Deletion: Customers can request the deletion of their personal data under certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected, or if the customer withdraws consent.
Right to Restrict Processing: Customers can request that Gonna Drive restrict the processing of their personal data in certain situations, such as when they contest the accuracy of the data or object to its processing.
Right to Object: Customers have the right to object to the processing of their personal data for specific purposes, including marketing or profiling.
Right to Data Portability: Customers can request a copy of their personal data in a structured, commonly used, and machine-readable format, which can then be transferred to another service provider.
To exercise these rights, customers should contact Gonna Drive using the provided contact details, and the company will respond to requests within a reasonable time frame, in accordance with applicable data protection laws.
- Cookies and Tracking Technologies:
Gonna Drive uses cookies and similar tracking technologies on its website and mobile application to enhance the user experience and improve its services. Cookies are small text files that are stored on the customer's device when they visit the website or use the app. These cookies can be used for various purposes, such as:
Session Management: To remember user preferences, login credentials, and session information between visits.
Analytics and Performance: To track user behavior on the website or app and gather insights on how customers interact with the platform, which helps improve the user interface and functionality.
Advertising and Marketing: To serve relevant advertisements to users based on their browsing history and preferences.
Customers have the option to manage cookie preferences through their browser settings. Disabling cookies may affect the functionality of the website or app, and certain features may not be available.
- Retention of Data:
Gonna Drive retains customer data for as long as necessary to fulfill the purposes outlined in the privacy policy, including for the duration of the rental period and any post-rental services or transactions. In general, personal data will be retained for the following timeframes:
Active Rental Data: Data related to the vehicle rental will be retained for the duration of the rental period, plus a reasonable period afterward for business or legal purposes (e.g., resolving disputes, processing refunds).
Inactive Data: After a customer has finished using the services, inactive data (e.g., old booking information) may be kept for a limited period to comply with legal obligations or for business purposes, such as improving customer service or marketing strategies.
Data retention periods will be based on the necessity of the data for business and legal purposes.
- Changes to Data Privacy Policy:
Gonna Drive reserves the right to update or modify this Data Privacy Policy at any time. When updates are made, the policy will be revised with an updated date, and customers will be notified of significant changes. Customers are encouraged to review the policy periodically to stay informed about how their data is being handled.
10. Amendments to Terms
Gonna Drive reserves the right to modify these Terms at any time. Any changes will be posted on our website and mobile application with the updated effective date. Continued use of our services constitutes acceptance of the revised Terms.
11. Dispute Resolution:
It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Coimbatore, Tamil Nadu, India.
You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
12. Contact Information
If you have questions or need further clarification regarding these Terms, please contact us:
Email: info@gonnadrive.in
Address: 59 New Chitrambalam Layout, P.N. Palayam, Coimbatore 641037, India