Car Hire Agreement

 Terms and Condition & Privacy Policy

1              General

1.1           Ouitaxi is online car rental & facilitator under the brand name of Impetus Solution. “Agreement“ means the Terms and Conditions on this page with reference to services offered at Ouitaxi online portal, and the General Rental Terms that you agree to on our website. „You“ , “customer” or „your“ means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter‘s direction. All persons referred to as „you“ or „your“ are jointly and severally bound by this Agreement. „We“, „our“ or „us“ means Ouitaxi. „Authorized Driver“ means the renter, the renter’s spouse, the renter’s employer and co-worker if engaged in business activity with the renter while using the Vehicle.

1.2           The mutually binding rental contract becomes valid as soon as you confirm the booking at our website the confirmation of your booking may take up to 48 hours.

1.3           You will require signing a car rental contract with us

1.4           Ouitaxi can’t– under any circumstances – accept liability for material and personal damages or other liabilities that could arise from partaking in road traffic.

1.5           Under Economy and Standard Categories out of mentioned car options you will get the same or equivalent car model, you have to mention any special preference or requirement on the booking form.

1.6           A cancellation is possible at 48 hrs prior to schedule via email.

1.7           The following rules apply for rental cars: You have the right to cancel the booking free of charge until 48 hours prior to schedule pickup. After that, we charge a cancellation fee of 20 % (at least €30) of the invoice total.

2              Condition & Return of Vehicle

2.1           Existing damages have to noted in the rental contract and during the handover of the vehicle your presence is required.

2.2           You have to return the vehicle back in the same flawless condition

2.3           The initial fill level of the fuel tank is indicated on the rental agreement form. If the fuel tank was full initially, the vehicle must be filled up within 3 km of the drop off location. If there is not the same amount of fuel in the tank, the customer will be charged for the missing amount. Penalties may apply depending on the respective partner company. The outstanding amount has to be paid on the spot in cash. If the amount of fuel in the tank is more than the initial fuel level, this does not entitle you to get a refund.

2.4           The campers must be returned with emptied waste tanks (grey water and toilet waste cassette). The vehicle including all equipment must be returned in a clean condition.

2.5           Ouitaxi online only facilitates with the car owners/agency that are sanctioned to be used as rental vehicles according to local law. You acknowledges that Ouitaxi has no way to verify this upon delivery of the vehicle. In case of any irregularities regarding this, you must immediately inform our customer support team.

2.6           In case the condition of the rental vehicle is not acceptable to you, please report this to us and give them/us the opportunity to amend. Refunds are only possible for the time after we were notified about a shortcoming.

2.7           Should the vehicle be dropped in a bad condition, you will be liable to pay for respective expenses

2.8           You must bring the car back at the agreed time and place. If there is a delay of more than one hour, the local rental company can charge an additional fee which is equivalent to one day’s rental fee.

2.9           Ouitaxi reserves the right to remedy minor issues within 24 hours without any compensation payable.

2.10         In case of a hotel delivery, the customer has to wait outside of the hotel premises or make sure that our representative will be let in at the front gate.

3              Driving permits

3.1           When picking up the car, you must provide a driver’s license which is valid in the respective country and first issued at least one year ago. Furthermore, depending on the booked car category/model, a minimum age of 21 years or more applies for all drivers; the minimum age is displayed throughout the booking process. If the mentioned drivers license cannot be provided or if the customer does not meet the age requirement, Ouitaxi has the right to cancel the booking at a charge.

3.2           The car can only be driven by the customer himself/herself and one additional driver. The name of this driver will be written in the rental contract upon delivery. This driver must fulfill the same aforementioned rules concerning driver’s license and age. He/she must be present when the rental contract is signed. If the car is driven by any other person, the insurance coverage is void.

3.3           The usage right is restricted to designated streets. There is no permission to drive on dirt roads, off-road, on the beach or on mountain routes. Routes recommended by a satellite navigation system do not lift these restrictions. Damages resulting from improper driving are to be paid by the customer, even if they are caused by the additional driver.

4              Prices and payment

4.1           Online credit card payments can be done in Euro, Pound Sterling, Swiss Francs, US Dollar, Australian Dollar, South African Rand and Mauritian Rupees. Payment by bank transfer and PayPal can only be done in US Dollar. Payment on site is typically only available in the countries own currency. The currency must be selected during booking and cannot be changed afterwards. The prices that were shown to the customer at the time of booking are part of the contract; later changes in prices do not affect existing bookings. Obvious mistakes regarding prices are not binding.

4.2           Fuel costs are not included in the rental fee.

4.3           Delivery fees can be charged if applicable. These are shown during the booking process, If they are raised on rare occasions, the customer can cancel the booking.

4.4           Fees for child safety seats, satellite navigation or the like are only charged if explicitly booked by the customer.

4.5           Payment via bank transfer obligates the customer to send 30 % of the invoice total within 7 days after billing. Ouitaxi will not cover any bank charges for the transfer to our Indian bank account.

4.5.a        For rental cars, the remaining 70 % must be sent 14 days prior to the commencement of the hire.

4.6           Payment via credit card obligates the customer to send the invoice total within 2 days after billing.

4.7           Payment via PayPal obligates the customer to send the invoice total within 7 days after billing.

4.8           Payment on delivery is only available under certain circumstances. The full amount has to be settled at the time of delivery in cash.

4.9           If the payment is overdue, Ouitaxi can cancel the booking without prior notice. In the last 5 days before the time of delivery, Ouitaxi can change the payment method for unpaid bookings to “payment on delivery” without prior notice. This can result in a change of payment currency.

4.10         To avoid fraud, the customer shall request a signed and numbered receipt for any cash payment. We might refuse to process any claims for questionable cash payments if a receipt cannot be produced.

5              Insurance coverage

5.1           All vehicles are under fully comprehensive cover. Damages caused through drunk driving, gross negligence or disregarding of the rental terms are excluded from the insurance cover. Damages on the bottom of the vehicle, loss or damage of the car keys, loss or damage of the GPS device, as well as personal belongings are not covered. The maximum liability sum can be capped according to local practices. Further country specific exceptions can be found below:

5.2           In Mauritius, damages to the exterior mirrors are not included in the cover. In case of a cyclone warning of level three or higher, the vehicle may only be used a maximum of two hours after the warning was released.

5.3           The insurance does not cover damages caused by a driver not listed in the rental contract or if the driver does not have a proper drivers license. Also, the insurance does not apply when transporting dangerous goods.

5.4           The travel cancellation expenses insurance covers all cancellation fees. No reasons have to be given. If we receive a cancellation after the time of delivery, one full day has to be paid. The insurance fee has to be paid within 2 days after receiving the invoice via PayPal, credit card or bank transfer.

5.5           All vehicles must be parked at least 10 meters away from any water edge. Salt water damage is not covered by any insurance policy. Driving on roads mentioned in 3.3 negates any and all insurance cover.

6              Accidents, damages and customer liability

6.1           The customer shall handle the car with care. This includes checking for proper driving condition, oil level and tyre pressure. The car shall be properly locked when unattended.

6.2           The customer is liable for damages to and loss of the car or breach of the rental contract according to the established liability rules of the corresponding country if not covered by an insurance.

6.3           The liability of the customer ends with the written confirmation of return by the rental company.

6.4           After an accident, a breakdown, a fire, damage caused by game animals or other damage of the rental car, the customer has to inform the rental company and the police immediately. If the police refuse to register the accident, the customer has to prove this in written form. The customer agrees to cooperate in the investigation of the accident. This includes gathering names, addresses and license plates of all parties involved and to preserve evidence.

6.5           After an accident, the car must not be used without the explicit permission of the rental company.

6.6           The customer is liable for damages if he does not fulfill his obligation to report the damage on time or if the damage is intentional or due to gross negligence or the customer did not call the police in case of an accident. False statements regarding the circumstances of the accident or damage also cause liability of the customer.

6.7           The customer has a duty to take all suitable actions to avoid unnecessary additional damage.

6.8           Contraventions of road traffic regulations or other laws are to be borne by the customer itself.

6.9           In case of a damage which is due to inappropriate driving or non-compliance with these terms, the contract may be terminated by us prematurely.

6.10         If the customer makes repairs without prior authorization by the rental company, no refund payments will be done.

6.11         All these obligations apply to the additional driver, too.

7              Privacy policy

7.1           The following data can be stored by us: name, address, email, telephone numbers and customer number as well as open payments. We use this data to handle and fulfill your booking. It can be given out to the respective local car rental company.

7.2           If the customer chooses to pay by credit card or PayPal, we will pass the necessary details to the corresponding payment service provider (PayPal or Mauritius Commercial Bank). In case you pay via PayPal, we also transmit your postal address and email address so that new PayPal customers do not have to enter this data again during the sign up.

7.3           Our website employs cookies. This enables us to keep the data of a started, but not concluded booking beyond a browser session, for example. Furthermore, this enables us to pay commissions to advertisers. You can prevent this by deleting the cookies in your browser.

7.4           Our website uses Google Analytics, a web analysis software which also uses cookies. To learn more, please refer to their website.

7.5           You have the right to request all information we have stored about you. You can also ask us to correct or delete your personal data. Please use our contact form to do so.

8              Miscellaneous

8.1           The contractor is Impetus Solution, India. Place of jurisdiction is India.

8.2           There are no oral side agreements. All changes require a written form.

8.3           In case of modifications of these terms, the version that has been active at the time of booking is applicable for the contract. The customer receives a copy of the terms together with the confirmation of receipt via email.

8.4           If a provision of this contract is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this agreement. In this case, both parties are obliged to find a valid solution that comes closest to the original provision.