Driver Agreement with Travicabs
This Agreement is enforced on the day of online acceptance or once accepted through Apps then in this case perpetual acceptance by the “ Driver” (Herein referred as “Second Party”)
And
Travicabs under parent company i.e. Travinow service Pvt. Ltd. having at Sipahitola chunapur Road Purnea,Police Station-Sadar,District-Purnea (hereinafter referred to as “First Party” .
Whereas, the First Party i.e. Travicabs is inter alia engaged in the business role of online cabs service provider i.e. for personal use/Tour & Travel/etc.
Whereas, the First Party i.e. Travicabs under parent company i.e. Travinow Service Pvt. Ltd. has group/team of professional drivers/cabs owner(including private and commercial vehicles) having expertise in online providing different types of vehicle in all routes i.e. in Bihar and other States of India including Union Territory of India subject to permission by the traffic rules therein , especially in identifying comfortable journey to the consumers and also takes responsibility to render the qualitative services to the consumer/consumers in all Districts of Bihar and other states as stated above.
NOW, THEREFORE, IN LIGHT OF MUTUAL PROMISES AND CONSIDERATIONS AS CONTAINED IN THIS AGREEMENT, THE ADEQUACY WHEREOF IS HEREBY ACKNOWLEDGED BY BOTH THE PARTIES THIS AGREEMENT COVENANTS AND RECORDS UNDER FOLLOWING :
TERMS & CONDITIONS
1. That, Enforcement Date of Agreement will begin on the day of online acceptance or perpetual continuance in the case of registering through Apps by the second party.
2. That , “Party” or “Parties” shall mean and refer to Driver/Drivers (hereinafter called the Second party) and Travicabs under parent company i.e. Travinow India Pvt. Ltd. having at Taxi Stand ,Near Hunman Mandir Purnea ,Police Station-Sadar,District-Purnea (hereinafter referred to as “First Party” )
3. That, Term” shall mean a period i.e. beginning from the moment of online registering and accepting the terms and conditions by the Driver/Drivers till satisfactorily reporting to the first party after completion of to and fro journey.
4. That, Second party shall have binding to behave properly with consumer/passenger(s) during journey , in case, found any improper behaviour by the driver, the first party shall be at liberty to complain before nearest police station on the basis of complaint made by the consumer/passenger(s) against the second party.
5. That, second party undertakes not to carry/possess any intoxicated materials/illicit wine/incriminating materials in the cabs provided by the first party during journey.
6. That,second party undertakes not to travel in case of illicit drinks prohibited by the Bihar Government under Bihar Excise Prohibition Act, 2016 as Amended 2018 and other local laws of concerned territory.
7. That, Second party undertakes to follow Traffic rules as prescribed by local laws as well as Government of India i.e. wearing seat belt , Zebra crossing , etc. , during journey, in case violating rules, and penalty imposed by the local authority , shall be recovered by the first party from second party and further records of second party shall be put into black list.
8. That, second party undertakes not to allow any strangers or relatives accompany in the cabs during journey.
9. That, Second party shall follow the protocols and entire standard operating procedure while journey , especially Covid-19 protocols, and in case of breach , the first party may cancel the agreement and loss accrued thereon , shall be recovered from second party by the first party.
10. That, second party undertakes not to drive the cab more than 80kms/hr. in any condition and if violated and met accident and suffered any loss to the life and limb as well as assets ,damages shall be recovered from second party.
11. That, second party undertakes to maintain pick up time and if not maintained and caused loss to the first party , damages shall be recovered from second party , save and except extraordinary circumstances.
12. That, payment of salary/remuneration/driving charges/etc. to the second party shall be made through online and no cash payment shall be transacted in any condition.
13. That, the figure of driving charges, etc shall be fixed as per the routes and circumstances by the first party but no beggary shall be allowed under constitution of India.
14. That, no advance money in the name of salary/driving charges , etc., shall be provided by the first party. Pay for the work policy shall be adopted by the first party.
15. That First party shall have rights to use social media for promotion and extension of his services to reach out the public at large as well as other places with consent of the second party.
16. That, second party undertakes that, in case any misconduct/breach of agreement latently or patently/overtly/covertly/directly or indirectly is found true and it caused monetary loss/goodwill loss etc. then first party shall have rights to recover/compensate the loss from second party under due process of law.
That second party undertakes that he will not use the contacts/relation developed with consumer/passenger during journey in future for his personal professional gain and if it is found true and transpired against driver then the loss suffered to the first party shall be recovered from second party. The Driver shall not share anything including his mobile number , etc, and restrain himself to receive anything including food/gifts , etc, from consumer during journey and if something contrary happens and caused loss to first party then the driver would be solely liable to compensate to the first party. The driver shall not change route in any condition as prescribed. If the driver gets changed route under influence of consumer or any temptation then Travicabs shall not have any liability against any offence committed and the driver and consumer shall be liable.
18. That, second party once entered into contract, then, he/she may not terminate this Agreement according to his/her wishes, unless settled loss to the first party , otherwise Travicabs shall lodge proper case by virtue of recovering damages from second party.
19. That, in the event of a breach of or non-compliance with any of the provisions of this Agreement or any violation or negligence or omission/commission by the second party, subject to the terms and conditions hereof, the other Party shall, without prejudice to the other rights and remedies available to them, have the right to recover actual damages suffered.
20. That, the Parties shall endeavour that any and all disputes arising out of or in relation to this Agreement are to be resolved amicably and peacefully.
21. That , any notice required to be issued in terms of this Agreement shall be given in writing, in English and sent by registered post or through recognized courier or, e-mail or comparable means of communication ,provided that a confirmation copy of the same is sent by registered post or by recognized courier, Such notices shall be sent to the address of the respective Party as above mentioned in this Agreement, unless any change therein has been communicated in writing to the other Party.
22. That, the Party raising a Dispute shall serve a written notice of the Dispute (“Notice”) to the other Party stating clearly the Dispute and any claims or relief’s sought. The Party receiving the Notice shall send a written response/reply to the Notice within fifteen days of the receipt of the Notice.
23. That, in case of non resolving the Dispute, it shall be referred to the signatory of this agreement or head of the First Party who shall attempt to resolve the Dispute amicably by negotiations and their decision shall be final and binding on the Parties. If no resolution to the Dispute is arrived at within thirty days of the matter being referred to the third party selected by consent of the both parties for resolution, the Dispute shall be referred to Arbitration to be conducted in accordance with the Arbitration and Conciliation Act of 1996 or any re-enactment thereof, at Patna/Purnea, Bihar. And the arbitral award shall be final and binding on the Parties and can be enforced in any court having jurisdiction over either Party.
24. That, this agreement is governed by and construed in accordance with Indian law and each Party irrevocably submits to the jurisdiction of the courts at Patna/Purnea.
25. That, by executing this Agreement through their respective signatories, the Parties agree that this Agreement forms a binding contractual obligation of each Party as regards its obligations and liabilities in terms of this Agreement
26. That, contents/terms & conditions of this agreements have been read over and explained to both parties in English and Hindi and both parties have understood the same and after understanding the same second party/parties have accepted online .