TERMS AND CONDITIONS

INTRODUCTION/USER ACCEPTANCE

Thank you for choosing driveonline.mu (Website), operated by Driveonline Ltd, a company incorporated and registered in Mauritius with company number C138072 (Driveonline).

Please read these terms and conditions carefully before using or obtaining any information, content, or services through our Website.

By accessing or using our Website, you agree to be bound by these terms and conditions (Terms) in relation to any booking. We reserve the right at any time, at our sole discretion, to modify these Terms without prior notice, and your continued use of our Website signifies your acceptance of the updated Terms.

SCOPE OF OUR SERVICE

Driveonline provides you with car rental booking services (Services) acting as agents for car rental providers (Suppliers) who shall be responsible for providing the rentals. Driveonline represents the Suppliers as an intermediary only to facilitate the booking process and accordingly accepts no liability of any kind as a result of any act or omission on the part of the Suppliers to fulfil their obligations. Your hire of any vehicle is also subject to the specific terms and conditions imposed by the Supplier, which you are required to sign on pickup of your vehicle.

COMMON CAR RENTAL SUPPLIER TERMS

Documents to be Produced

The renter will be required to supply the following on pickup:

(a) For foreigners, valid Passport and for locals, Mauritian National Identity Card of the main driver and any other additional driver.

(b) Valid driving license of the main driver and any other additional driver for the category of vehicle rented.

(c) Name, address, telephone number and email address.

(d) For foreigners, local contact details and proof of address in Mauritius and for locals a proof of residential address such as utility bill or bank statement.

(e) Credit card (in the main driver's name) (as applicable)

Method of Payment

(a) If booking is made more than Ten (10) days in advance, then the full payment should reach DriveOnline in Seven (7) days from booking (including weekends) by way of bank transfer into its bank account as specified below. If no payment is received, the booking will be deemed as cancelled.

(b) In the case that a booking is made less than Ten (10) days in advance, it is considered as an “Emergency booking”, the payment has to be made within Five (5) hours following the booking either by bank transfer/bank deposit to DriveOnline's bank account or by cash at DriveOnline's office. If no payment is received, the booking will be deemed as cancelled.

The Mauritius Commercial Bank Ltd
Sir William Newton Street
Port Louis
Republic of Mauritius

Account No: 000444676597
Currency : MRU
IBAN : MU06MCBL0944000444676597000MUR
SWIFT Code : MCBLMUMU

(c) All payments should be made in the currency quoted in the booking without deduction and clear of any exchange rates or bank or any other charges.

Deposit

(a) Upon pick up of your vehicle you will be required to pay the Supplier a deposit (by cash or credit card) to cover any damage to the vehicle and other charges. This deposit amount may differ, depending on the Supplier and its insurance policy.

(b) Provided the vehicles and extras are returned in the same state as rented, the deposit will be refunded by the Supplier when the vehicle is returned.

(c) In no case will the deposit be used for an extension of a rental.

(d) You are bound to comply with the law in force regarding the road and traffic regulations and accept that any fine or expenses resulting from any breach relating to those regulations may be deducted from the deposit or otherwise claimed from you.

Choice of Vehicle

The Suppliers are unable to guarantee a particular make or model. Renters make a reservation for a vehicle group and not a specific vehicle type. The car advertised may be substituted for an alternative similar model or upgraded.

Driver Age

The minimum age for drivers is 18 years old. There is no maximum age.

Additional Drivers

Additional drivers may be authorised to drive the vehicle. There is usually a charge per additional driver. Additional drivers must be pre-approved and added on or before pickup.

Use of vehicle

The vehicle may only be driven by the renter or authorized additional driver. The vehicle may not be driven by the renter:

(a) To transport passengers and/or goods for reward

(b) To propel or tow another vehicle (including caravans and trailers), unless authorized

(c) In motor sport or similar high risk activity

Fuel Policy

(a) You are responsible for any fuel you use during the rental period.

(b) There is the option to be provided with an inclusive amount of fuel at pick up of your vehicle, which must be arranged at the time of making your booking.

(c) You may return the vehicle with whatever fuel is left in it. Whilst there will not be a charge for refueling the vehicle, you will not be reimbursed for any unused fuel.

Minimum Rental Period

The minimum rental period for a booking is 2 (two) days.

Maintenance and condition of vehicle

(a) All vehicles are delivered in good working condition and in a clean state. The vehicle shall be returned in the same condition otherwise the renter will have to pay the cleaning and overhauling cost.

(b) The vehicle is delivered with five tyres in good condition. In the case of puncture or damage for a reason other than normal wear and tear, the renter agrees to repair or replace it by a tyre of the same size and of similar wear.

(c) The renter shall be liable for any repair arising from abnormal wear and tear, or due to lack of care on the part of the renter of the vehicle.

Cancellation, Amendment and No Show Fee

(a) Once the booking request has been made, no amendments may be made to the booking except cancellation.

(b) The cancellation fee is the cost of 2 days’ rental (which is the minimum period applicable to all bookings) minus bank charges on the rest of amount (if any) to be refunded.

(c) No refund will be granted after 24 hours of no show.

Extension of rental or early return

(a) Extension of rentals beyond the original date must be authorised by the Supplier. If an extension is required, a new booking must be done via the Website.

(b) In the event of an early return, Driveonline will retain a minimum of 2 days’ rental and the remainder of the booking (if any) will be refunded excluding bank charges. We are unable to make refunds for early returns with 2 days’ rental. However, in exceptional cases arising out of force majeure circumstances beyond the renter’s control, Driveonline may grant a full or partial refund at its sole discretion.

Insurance Cover

(a) All vehicles are covered by a fully paid comprehensive insurance cover by the Supplier, with an excess which varies according to the type of vehicle and Supplier as specified in the Supplier terms and conditions.

(b) Damages to tyres, rims and under carriage of cars are not covered by insurance and are therefore the responsibility of the renter.

(c) Irrespective of the insurance cover the renter will be liable for the full value of the damage and/or loss where such damage or loss is sustained in circumstances including but not limited to the following:

(i) As a result of driver negligence, malicious or criminal actions of renter or passengers;

(ii) Where the vehicle is driven by an unauthorized driver i.e. a driver not specified as a driver or additional driver at the time of the booking;

(iii) Driving under the influence of alcohol or illegal substances;

(iv) Driving when a cyclone class 3 warning has been issued in Mauritius;

(v) Failure to obtain authorization from the Supplier to extend the pre-booked rental;

(vi) Where a vehicle is driven on a road or surface not suitable for the vehicle type rented;

(vii) Collisions where no other vehicle, person, animal or object is involved;

(viii) Where there has been a material breach of these Terms and/or the Terms the Supplier.

Procedures in the Event of an Accident

If the vehicle is involved an incident, is damaged, stolen or lost, the renter must take every reasonable precaution to safeguard the interests of the Supplier, including but not limited to:

(a) Notifying the Supplier within 1 hour of becoming aware of the occurrence, and completing the relevant Supplier's form within 24 hours

(b) Obtaining the names and addresses of everyone involved and possible witnesses

(c) Not admitting responsibility or liability, not releasing other parties from liability, and not settling or claiming

(d) Reporting all incidents, regardless of value, to the police within 24 hours and supply the Supplier with an accident case number

(e) Making proper provision for the safety and security of the vehicle

(f) Co-operating with the Supplier and its insurers in any investigation

Additional Charges

The Supplier may offer additional services or charge additional fees for:

(a) Additional equipment: such as child seat, or GPS

(b) Delivery & Collection - A delivery and collection fee may be levied

(c) Late return of vehicles

(d) Fuel - you have the option to purchase fuel upon making your booking (based on an inclusive amount).

(e) Valet charge may be levied on dirty vehicles

(f) Claim administration fee for traffic fine or insurance claims

(g) Lost Keys - will result in an applicable charge being levied

OWNERSHIP AND COPYRIGHT

The content including text, graphics, button icons, audio and video clips, digital downloads, data compilations, other material and software (Content) together with the collection, arrangement and the compilation of the Content is copyrighted to Driveonline. The Content may not be copied, reproduced, sold, displayed, republished, uploaded, posted, transmitted or distributed without the prior written permission of Driveonline, except that you may download, display and print the Content presented by our Website for your personal, non-commercial use only. If you do so, you may not modify the Content in any way, and you must retain all copyright and trademark notices, including any other proprietary notices, contained in the Content, and you must not obscure, alter or delete any of such notices. Other product, company names, logos and trademarks contained in our Website are the property of their respective owners and are mentioned in our Website for identification purposes only.

AGE AND RESPONSIBILITY FOR USING OUR WEBSITE

By accessing our using our Website you warrant:

(a) that you are of sufficient legal age to create binding legal obligations;

(b) that all information supplied by you to Driveonline is true, accurate, current and complete;

(c) that you will only make legitimate reservations for yourself or for another person for whom you are legally authorized to act and that you will inform such persons about the terms and conditions that apply to their reservation;

(d) that should you make use of a Driveonline login account, you will safeguard your account information, be responsible for any use of your account and accept responsibility for all activities that occur under your account.

USE OF OUR WEBSITE

Driveonline grants you a limited, non-transferable license to access and make personal, non-commercial use of our Website in accordance with the Terms of this agreement. Additionally, you agree not to:

(a) Access, monitor or copy any of the web pages, data or the Content using any "robot", "spider", "screen scraper" or other automated means or any manual process, for any purpose without the prior written consent of Driveonline;

(b) interfere or attempt to interfere with the proper working of our Website;

(c) take any action that imposes, or may impose, in our discretion, an unreasonable load on our computer or network equipment;

(d) upload or transmit to our Website software or computer programming routines that may damage, interfere or attempt to interfere with, the normal operation of our Website;

(e) post or transmit via our Website any unlawful, harmful, libelous, abusive, threatening, harassing, defamatory, vulgar, obscene, profane, hateful, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate the rights of others, or otherwise violate any local, national or international law;

(f) violate the restrictions found in any of our page headers or our search engine exclusion file on our Website or bypass or circumvent other measures employed to prevent or limit access to our Website;

(g) post false or misleading information on our Website;

(h) promote, sell or imply that Driveonline is endorsing your services or products, through the use of our Website;

(i) translate into any language or computer language, reverse engineer or create derivative works from, The Content or any part of our Website;

Driveonline may, at our sole discretion, at any time and without notice or liability, suspend, terminate or restrict your access to our Website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

At Driveonline we check and recheck the details of all the services we offer on our Website however, all information, content, materials, products, software and services included on or otherwise made available to you through our Website are provided by Driveonline on an "as is" and "as available" basis. Driveonline makes no representations or warranties of any kind, express or implied, as to the operation of our Website or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or otherwise made available to you through our Website. Although we exercise reasonable efforts, Driveonline does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information displayed on our Website or included within communications with Driveonline or the Suppliers, as much of this information is provided by the respective Suppliers. Driveonline expressly disclaim any representation or warranty that our Website will be free of viruses, that our services will be available uninterrupted and communications to or from our Website will be secure and not intercepted. You expressly agree that your use of our Website is at your own sole risk.

By offering these Services, Driveonline does not represent or warrant that hiring a car is advisable, suitable or without risk, and is not liable for damages or losses that may result from participating in such an activity.

In no event shall Driveonline be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, which arise out of or are in any way connected with (i) any use of our Website or content found therein, (ii) any failure or delay, or (iii) the performance or non-performance by Driveonline, its agents or the Suppliers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

Driveonline shall not be held liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Driveonline and our Suppliers have no liability and will make no refund in the event of any delay, cancellation, or overbooking resulting from a strike, force majeure or other cause beyond Driveonline or the Supplier's direct control, and they have no responsibility for any additional expense, omissions, delays or re-routing.

If, despite the limitation above, Driveonline is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitations or exclusions of liability above, then Driveonline liability will in no event exceed the greater of the service fees earned by Driveonline in connection with such transaction.

INDEMNIFICATION

You agree to defend and indemnify Driveonline and their agents, and each of their respective officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of this agreements, your use of our Website, your violation of any law or the rights of any third party.

PRIVACY POLICY

Upon submitting your reservation request you authorize Driveonline to facilitate reservations, on your behalf, including making payment arrangements with the Suppliers and other related suppliers. You agree to make the payments via bank transfer or direct deposit into Driveonline's bank account or you agree that your credit card will be charged by Driveonline or the Suppliers (only in the case of the security deposit) for the stipulated amount.

By making a reservation with the Suppliers, you accept and agree to the relevant cancellation, amendment and no-show policy of the Suppliers, and to any additional terms and conditions of the Suppliers that may apply to your reservation or while making use of their services rendered and/or products offered, these terms and conditions can be obtained from the relevant Suppliers.

Whilst we have made every effort to ensure accuracy and availability, some errors might still occur and we reserve the right to correct or amend reservations. Once aware of such incidents we will make all reasonable effort to advise you within 2 working days. In the event of a price correction to a reservation, we will offer you the opportunity to keep your reservation at the correct price, or at your option, we will cancel your reservation without penalty. This right applies whether or not the reservation has been confirmed and/or payment received.

In the unlikely event of the Suppliers cancelling your reservation or making significant changes to your reservation, we will make all reasonable efforts to advise you as soon as possible. Should the Suppliers be unable to fulfil your reservation, you will have the choice of accepting an offered alternative or cancelling your reservation with a full refund of all monies paid.

In the event you do not arrive on time for collection of your, you must confirm the reservation changes with the Suppliers prior to commencement to prevent cancellation of your reservation.

GENERAL

These terms and conditions shall be governed in accordance with the laws of the Republic of Mauritius. You hereby consent to the exclusive jurisdiction of the courts of Mauritius in respect of any disputes of any sort that might arise between you and Driveonline.

You agree that no joint venture, partnership, agency, or employment relationship exists between you and Driveonline as a result of this Agreement or the use of our Website. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the parties with regard to the subject matter hereof. If any part of this Agreement is found to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our failure or delay in enforcing any provision of this agreement at any time does not waive our right to enforce this agreement in the future.