Damage Policy

• The Lessee agrees to pay for any damage to, loss of, or any theft (disappearance) of parts of bike, regardless of cause or fault. Item damaged beyond repair will be paid for at its Market Price.
• The representative shall check the bike and its parts in order to ascertain any damage to items.
• Any damage which existed prior to the handover of the Motorbike and was agreed between the lessee and lessor will not be chargeable to the Lessee.
• Tear in seat cover will result in charge towards replacement of seat cover. Opening up a stitched joint will not be chargeable.
• Any variation showing damages, if ascertained as not caused by normal wear and tear, would be charged and would have to be borne by the Lessee
• In case of an accident or collision, the security deposit will be kept back(which may vary depending on the severity of the damage) till the repairs or insurance claim is settled. The Lessee is bound to pay for the repairs incurred due to damages caused by the collision/accident.
•  In such cases the actual repair amount must be borne by the Lessee. The insurance will only be claimed if the loss is exceeding 25% of the bike value.
• In the event of a collision, either due to the fault of the rider himself or due to any other unavoidable instance, the costs involved in towing or confiscation of bikes are to be borne by the Lessee alone
• Inactive hours during the repair period shall be charged to the  Lessee at 50% per day rental amount

Fuel Policy

• Fuel is client’s responsibility. We will be giving you sufficient fuel to reach the nearest fuel pump.

Assumption of risk

• The rider has been given the opportunity to operate ride upon or otherwise use one or more motorcycles or other vehicles owned or controlled by BIKE KIRAYA, OPERATING UNDER THE BRAND.; (collectively, the “Company”; each such company owned or controlled vehicle is referred to herein as a “C.O.C.V.”),
• The rider fully understands and acknowledges that operating or riding on a vehicle is an activity that has its own unique, inherent risks, and that serious injury or death could result from operating or riding on a C.O.C.V. through no fault of his own. The rider (lessee) is voluntarily choosing to operate and/or ride upon C.O.C.V.s.
• By accepting the terms and conditions, THE RIDER EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, THAT HE/SHE MIGHT SUFFER AS A RESULT OF HIM/HER OPERATING OR RIDING ON A C.O.C.V.
• Without limiting the foregoing, THE RIDER ASSUME ALL RISKS ARISING FROM THE FOLLOWING: (i) the condition or safety of the C.O.C.V.s, any other vehicles or equipment, or any roadways, premises or property; (ii) the repair or maintenance, or lack thereof, of the C.O.C.V.s or any other vehicles or equipment; (iii) the use of, or failure to use, any safety devices or safeguards; (iv) the conditions, qualifications, instructions, rules or procedures under which any C.O.C.V is used; (v) the violation by me or by other operators or passengers of any C.O.C.V. User Eligibility or Program Rules; (vi) any defective or unreasonably dangerous products, components or C.O.C.V.s; (vii) the weather conditions during operation of any C.O.C.V.s and (viii) single and/or multi-vehicle accidents.
• The rider(lessee) acknowledge that some or all of the C.O.C.V.s that I am allowed to operate, ride upon or otherwise use may be prototypes or pre-production models. It’s understood that prototype and pre-production C.O.C.V.s are not manufactured for general consumer use and are not fully tested. Also, understood point is that there in increased risk involved in operating or riding upon prototype or pre-production C.O.C.V.s, and THE RIDER(LESSEE) AGREE TO ASSUME THAT RISK.
• The rider at the time of booking and riding declares not to be under the influence of alcohol, drugs, other illegal substances, or any medications that may impair his/her judgment or his/her ability to operate or ride on a C.O.C.V. The rider agrees that he/she will not operate or ride on any C.O.C.V. while under the influence of alcohol, drugs, other illegal substances or any such medications.
• The rider agrees that he/she will not operate or ride upon any C.O.C.V. unless he/she have first examined and satisfied himself that the C.O.C.V. is in good operating condition, and that he/she fully understands how to operate and ride on that C.O.C.V.
• The rider agrees to operate or ride on each C.O.C.V. safely, defensively and within the limits of the law and own abilities. The rider(lessee) agrees to comply with all C.O.C.V. user eligibility and program rules.
• The rider also agrees to allow the company and their respective dealers to contact him/her at the address, telephone number and e-mail address provided below and gather additional information about the C.O.C.V.s and/or additional information about other goods and services in which one may be interested.

Waiver and release of liability

• FOR OPERATORS AND PASSENGERS OF VEHICLES (INCLUDING PROTOTYPE VEHICLES) OWNED OR CONTROLLED BY BIKE KIRAYA, OPERATING UNDER THE BRAND.
• The rider(Lessee) on behalf of all heirs, personal representatives, administrators, executors, successors and assigns (collectively, “Heirs and Assigns”), for and in considerations of the permission granted to him to operate, ride upon or otherwise use one or more motorcycles or other vehicles owned or controlled by Bike Kiraya, operating under the brand (collectively, the “Company”; each such company owned or controlled vehicle is referred to herein as a “C.O.C.V.”), and for other valuable considerations, the receipt and adequacy of which are hereby acknowledged, RELEASE, WAIVE AND FOREVER DISCHARGE the Company and each of their respective affiliated companies, subsidiaries, officers, directors, employees, dealers, distributors and agents (collective, the “Released Parties”), from ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION (Collectively, “Claims”) OF ANY KIND WHATSOEVER THAT THE RIDER OR ANY OF HIS HEIRS AND ASSIGNS NOW HAVE OR LATER MAY HAVE AGAINST ANY RELEASED PARTY RESULTING FROM, CONNECTED WITH OR ARISING OUT OF MY OPERATION OF OR RIDING ON ANY C.O.C.V., REGARDLESS OF WHETHER SUCH CLAIMS RELATE TO THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF ANY C.O.C.V. OR THE CONDITIONS, RULES, QUALIFICATIONS, INSTRUCTIONS OR PROCEDURES UNDER WHICH ANY C.O.C.V. IS USED, OR ANY OTHER CAUSE OR MATTER.
• The rider(Lessee) acknowledges and understands that this Release EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL CLAIMS he/she or any Heirs and Assigns have or later may have against the Released Parties resulting from or arising out of my operation or of riding on C.O.C.V.s including without limitation all such Claims resulting from the NEGLIGENCE of any Released Party, or arising from STRICT PRODUCT LIABILITY, or resulting from any BREACH OF ANY EXPRESS OR IMPLIED WARRANTY by any Released Party, and regardless of whether such Claims now exist or hereafter arise or are known or unknown, contingent or absolute, liquidated or unliquidated or foreseen or unforeseen, or arise by operation of law or otherwise.
• The rider(Lessee) acknowledges and understands that by agreeing to this Release he/she and his/her Heirs and Assigns AGREE NOT TO USE any or all of the Released Parties for any injury, death or damage to myself, my property, any other person or such other person’s property resulting from or arising out of my operation of or riding on any C.O.C.V.s
• The rider(Lessee) acknowledge that he/she has been advised of and agree to waive on his/her behalf and on behalf of his/her Heirs and Assigns, and fully understand the effect of such waiver, all benefits flowing from any state statute that would otherwise limit the scope of this release, which provides: “A general release does not extend to claims which[a person] does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the released parties”.
• The rider confirms that this release is intended to be as broad and inclusive as is permitted by law. The extent and the scope of this Release is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Release enforceable in such jurisdiction, without invalidating any other person of this Release. The rider hereby waives any right to bargain for different release or waiver of liability terms.
• BY AGREEING TO THIS RELEASE, THE RIDER CERTIFIES THAT HE/SHE HAS READ THIS RELEASE AND FULLY UNDERSTAND IT AND NOT RELYING ON ANY STATEMENTS OR REPRESNTATIONS OF ANY OF THE RELEASED PARTIES, AND HAVE BEEN GIVEN THE OPPORTUNITY AND SUFFICIENT TIME TO READ AND ASK QUESTIONS REGARDING THIS RELEASE.