TERMS AND CONDITONS
AKBAR TRAVELS OF INDIA CAR RENTAL SERVICES
When you use our products or services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE.
TERMS AND CONDITIONS
- “Akbar Travels” shall mean shall mean the proprietary firm “Akbar Travels of India Car Rental Services”, a proprietary entity having registered office at 69-71, Akbar Bhavan, Janjikar Street, Near Crawford Market, Mumbai, Maharashtra, India Pincode: 400003.
- ‘Customer’ or ‘You’ or ‘User ’shall mean any person availing the Services provided by the Service Provider.
- ‘Firm’ shall hereinafter individually and collectively mean “Akbar Travels of India Car Rental Services”. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, etc.
- ‘Force Majeure Event’ includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, Pandemic, epidemic, endemic, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
- ‘Services’ shall mean and include the ride hailing services; the pickup and drop services and / or transportation services to be provided by the Service Provider from and to such locations as may be requested by You.
- ‘Service Provider’ shall mean any person or entity possessing the Vehicle and providing the Services to the Customer, a Service provider may also include Third Party Service Provider.
- ‘Use of Service’ shall mean and includes but is not limited to, all the Customers dialing the dedicated number of the Akbar Travels or visiting the official website of the Akbar Travels or downloading the Mobile Application or availing the Services from the street side or dedicated pick-up locations of the Akbar Travels.
- ‘Vehicle’ shall mean any vehicle / cab / taxi to be provided to the Customer for performance of the Services.
- These Terms expressly supersede prior agreements or arrangements with you.
- Akbar Travels may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
- Akbar Travels may amend the Terms related to the Services from time to time. Amendments will be effective upon Akbar Travels’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- Akbar travels may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
- By using or accessing the Website or other Sales Channels, the User hereby agrees with the terms of this Terms and conditions and the contents herein. If you disagree with this terms and conditions please do not use or access our Website or other Sales Channels. This terms and conditions do not apply to any website(s), mobile sites and mobile apps of third parties, even if their websites/products are linked to our firms Website/application. User should take note that information and privacy practices of Akbar Travel’s business partners, advertisers, sponsors or other sites to which Akbar Travels provides hyperlink(s), may be materially different from this Terms and conditions. Accordingly, it is recommended that you review the privacy statements and policies of any such third parties with whom they interact. This Terms and conditions is an integral part of your User Agreement with Akbar Travels and all capitalized terms used, but not otherwise defined herein, shall have the respective meanings as ascribed to them in the User Agreement.
- If you have any concerns in the processing your data and wish to withdraw your consent, you may do so by writing to the following email id: email@example.com. However, if such processing of data is essential for us to be able to provide service to you, then we may not be able to serve or confirm your bookings after your withdrawal of consent.
- Your access and use of the Services provided by Akbar Travels constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Akbar Travels.
- You will treat the Service Provider introduced to you through Akbar Travels with respect and not to cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle or the Service.
- You will compensate and defend Akbar Travels fully against any claims or legal proceedings brought against Akbar Travels by any other person as a result of your breach of these Terms.
- IF YOU DO NOT CONSENT TO THE TERMS AND CONDITIONS OF THE APPLICATION/SITE, YOU ARE KINDLY REQUESTED TO EXIT THE APPLICATION/ SITE.
- Your access and use of the Services provided by Akbar Travels constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Akbar Travels.
- Akbar Travels provides technology based services for booking Vehicles in certain airports of India and you agree to avail the Services offered by third party Service Providers(if any), drivers or vehicle operators ("the Service Provider") or the affiliates of Akbar Travels.
- Akbar Travels shall take your booking request and forward it to the Service Providers (if any), drivers or vehicle operators ("the Service Provider") or the affiliates of Akbar Travels and the Service Providers(if any), drivers or vehicle operators ("the Service Provider") or the affiliates of Akbar Travels shall have the sole discretion to accept or reject such request. The Service Providers (if any), drivers or vehicle operators ("the Service Provider") or the affiliates of Akbar Travels have discretion over whether to receive the booking request made by the Akbar Travels. If the Service Providers (if any), drivers or vehicle operators ("the Service Provider") or the affiliates of Akbar Travels accepts the booking request made by the firm for the Services, the firm shall notify you and provides the information regarding the Service Providers(if any), drivers or vehicle operators ("the Service Provider") or the affiliates of Akbar Travels including its name, contact number etc.
- The firm shall make reasonable efforts to bring you in contact with the Service Provider in order to provide Services subject to availability of the Service Provider in or around your location at the time of your booking request made to the firm.
- For the avoidance of doubt, it is clarified that Akbar Travels, itself may not provide the Services. It may be the Service Provider who shall render the Service to you. The provision of the Services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and Akbar Travels shall never be a party to such agreement. Even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his Services in which event the Akbar Travels shall not be held liable to you. Please note that Akbar Travels is not responsible for the behaviour, actions or inactions of such Service Provider, quality of cab which you may use (through us or otherwise). Any Contract for the provision of Services is between you and the Service Provider and not us and we simply provide a platform to introduce the Customer and the Service Provider.
- You warrant that the information you provide to Akbar Travels is accurate and complete. Akbar Travels is entitled to, at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application (if made available by Akbar Travels) for your device or Website of Akbar Travels or visit the correct portal or dial-in the accurate call center number. Akbar Travels shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. Akbar Travels reserves the right to discontinue or introduce any of the modes of booking Vehicles.
- You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
- You will comply with all applicable laws;
- BY USING THE APPLICATION/ WEBSITE OF AKBAR TRAVELS, YOU FURTHER AGREE THAT
- You will download/ access the application/ website for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use the application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm application in any way whatsoever;
- You will not copy, or distribute the application or other Company content without written permission from Akbar Travels;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use an access point or 3G data account (AP) which you are authorized to use;
- You will not use the application with an incompatible or unauthorized device;
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the application.
Akbar Travels reserves the right to immediately terminate use of the application should you not comply with the any of the above rules.
- The Services may constitute (a) the technology platform that enables users of Akbar Travels’s mobile applications or websites (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under an agreement with Akbar Travels and/or certain of Akbar Travels’s affiliates (“Third Party Providers”); (ii) support services to the users of the Applications in relation to, among others, payment facilitation, sharing trip related details, resolving issues/queries/complaints/support tickets, arranging pickup facility for airports or such other places and other similar support services; and (iii) services of ride pass offered to the users of the Applications. Ride pass enables the users to avail the benefit of discounted rides as offered by Akbar Travels from time to time.
- Unless otherwise agreed by Akbar Travels in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT AKBAR TRAVELS DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY AKBAR TRAVELS OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Akbar Travels grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Applications or website on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Akbar Travels and Akbar Travels’s licensors.
You may not:
- Remove any copyright, trademark or other proprietary notices from any portion of the Services;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Akbar Travels ;
- Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Services;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
- Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
YOUR USE OF SERVICES
- In order to avail the Services of the Akbar Travels , You shall be initially required to either log-in through the official website of Akbar Travels; or download and install the mobile application on Android, iPhone or any other smart phone; or dial the dedicated number of the Akbar Travels; or hail the Cab from the street side or from the dedicated pick-up location of the Akbar Travels.
- Upon receiving Your request of the Cab, Akbar Travels may accept or reject your booking depending on the availability of the Cab.
- Akbar Travels shall be entitled at any time without giving any reason or prior notice to terminate or cancel Your booking.
- In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).
- You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
- Account registration requires you to submit to Akbar Travels certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).
- You agree to maintain accurate, complete, and up-to-date information in your Account.
- Your failure to maintain accurate, complete, and up- to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Akbar Travels’s termination of these Terms with you.
- You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Akbar Travels in writing, you may only possess one Account.
USER REQUIREMENTS, OBLIGATIONS AND CONDUCT
- i. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you.
- You may not assign or otherwise transfer your Account to any other person or entity.
- You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
- You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
- Akbar Travels encourages You to take full responsibility of your items. In case of lost items inside the Cabs during the journey, Akbar Travels will try to locate the items on a "best-effort" basis but Akbar Travels will not responsible for the same in case of loss or damage to the same.
- If You leave any goods in the vehicle or has any complaint in respect of the Services or the use of the vehicle, the Customer has to inform Akbar Travels of the same in writing within 24 hours of using the Cab or the Services of the Akbar Travels.
- You agree and acknowledge that the use of the services offered by Akbar Travels is at your sole risk and that Akbar Travels disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
- Without prejudice to the above, Akbar Travels makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.
- You authorize the Akbar Travels to send you various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Akbar Travels’s services.
- By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
- You may opt- out of receiving text (SMS) messages from Akbar Travels at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
- Akbar Travels may, in Akbar Travels’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Akbar Travels establishes on a per promotional code basis (“Promo Codes”).
- You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Akbar Travels; (iii) may be disabled by Akbar Travels at any time for any reason without liability to Akbar Travels; (iv) may only be used pursuant to the specific terms that Akbar Travels establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Akbar Travels reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Akbar Travels determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT
- Akbar Travels may, in Akbar travels’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Akbar Travels through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
- Any User Content provided by you remains your property. However, by providing User Content to Akbar Travels, you grant Akbar Travels a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Akbar Travels’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
- You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Akbar Travels the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Akbar Travels’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Akbar Travels in its sole discretion, whether or not such material may be protected by law.
- Akbar Travels may, but shall not be obligated to, review, monitor, or remove User Content, at AkbarTravel’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
- You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
- You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
- Akbar Travels does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- You understand that use of the Services may result in charges to you for the services or goods you receive from Akbar Travels and / or a Third Party Provider (“Charges ”).
- You will make payment in full for the Services provided to you.
- You shall be required to pay trip charges for the Service to the Service Provider and the rates can be found on the website and/or mobile application.
- The trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services.
- You agree that the trip charges shall include the trip fare and any additional charges levied by Akbar Travels which includes waiting charges, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
- The fares and other rates vary and differ for different locations and different segment of Vehicles.
- Convenience charge (booking fee) shall be applicable for the bookings made through Akbar Travels call center as per the rates provided to you.
- For Outstation Round Trips, the charges will be applicable for each Calendar day. If the travel time extends to the next calendar day beyond 12 am midnight, next calendar day Round Trip charges will be applicable.
- You agree that you will pay for all Services you purchase from the Service Provider either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants or any new payment methods that Akbar Travels introduces from time to time.
- In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the trip charges by way of cash.
- Any payment made is non-refundable.
- At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Service Provider on your registered e-mail account with Akbar Travels. Akbar Travels offers the mode / option for payment of tips to the drivers.
- The amount to be paid as tips is not mandatory and is solely as per the wish of the User or the experience of the User post availing the Services.
- The amount of tip is directly payable by the User to the driver and Akbar Travels is neither involved nor responsible for any such tips paid by the User to the driver. The amount paid as tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.
- All Charges will be inclusive of applicable taxes where required by law.
- Akbar Travels reserves the right to charge you amounts for, among others, applicable tolls, fees and charges incurred for the provision of services by the Service Providers, charges for the Services, pickup facility provided at various places, each along with applicable taxes (including but not limited to GST).
- Please note that Akbar Travel shall determine the city in which your trip commences as your address on record of Akbar Travels, wherever available.
- Charges paid by you are final and non-refundable, unless otherwise determined by Akbar Travels.
- You retain the right to request lower Charges from the Service Provider for services or goods received by you from such Service Provider at the time you receive such services.
- All Charges are due immediately and payment will be facilitated by Akbar Travels using the preferred payment method designated in your Account, after which Akbar Travels will send you a receipt by email.
- Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.
- Akbar Travels will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
- Akbar Travels may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in discounted amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers, subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
- You may elect to cancel your request for services from the service Provider at any time prior to such service Provider’s arrival, in which case you may be charged a cancellation fee.
REPAIR OR CLEANING FEES.
- You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).
- In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Akbar Travels in Akbar Travels’s reasonable discretion, Akbar Travels reserves the right to address the same, the reasonable cost of such Repair or Cleaning will be absorbed by third party provider.
TERM & TERMINATION OF CONTRACT
- The Contract between Akbar Travels and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the application installed on your smart phone, thus disabling the use by you of the application and the Service.
- Akbar Travels is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Akbar Travels, misuse the application or the Service. Akbar Travels is not obliged to give notice of the termination of the Contract in advance.
LIMITATION OF LIABILITY
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AKBAR TRAVELS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER MANDATORY APPLICABLE LAW, IN NO EVENT SHALL AKBAR TRAVELS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TRANSACTION AMOUNT OR THE AMOUNT PAID BY YOU TO AKBAR TRAVELS FOR THE SERVICES AVAILED.
- THE LIMITATIONS AND DISCLAIMER IN THIS CLAUSE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- IN ADDITION, AKBAR TRAVELS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AKBAR TRAVELS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDER/ THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- Akbar Travels shall not be liable for any damages resulting from the use of or inability to use the website or application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the information or the website or application, unless such damage is the result of any willful misconduct or from gross negligence on the part of Akbar Travels.
- Akbar Travels shall not be jointly or severally held responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the Use of Services offered by the Akbar Travels due to the failure of Akbar Travels to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Akbar Travels or any person or any organization involved in the above mentioned systems.
- Without prejudice to the above, Akbar Travels shall not be jointly and/or severally held liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by Akbar Travels to provide a Cab to the Customer within any stipulated time even if Akbar Travels have agreed to so provide the Cab or even if the Customer has advised the Akbar Travels of the possibility that any such loss or damage would result if the Cab is not provided at all or within the stipulated time.
- In the event any Customer misses the train or flight or bus, Akbar Travels will not be held liable for any compensation and/or any direct or indirect losses incurred by the Customer. The Customer shall be responsible to make an alternate arrangement if the Cab has not reached the pick-up location due to any reason. Akbar Travels shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
- Akbar Travels shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event.
- Akbar Travels shall not be liable/responsible for any illegal conduct of the Drivers of the Cabs. However, Akbar Travels recommends you to notify about any complaints that you may have against the Drivers of any Cab.
- Akbar Travels shall not be responsible for any loss of communication/information of status update & benefits under any Services or program of the Akbar Travels. All this information will be sent on mobile number &/or email ID registered with Akbar Travels. Akbar Travels will not be responsible for appropriateness of mobile or email or any other communication medium. The Customer shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the Customer regarding booking confirmation.
- Akbar Travels does not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. Akbar Travels will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- You agree to indemnify and hold Akbar Travels and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Akbar Travels’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
GOVERNING LAW AND ARBITRATION.
- Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India.
- Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law.
- If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”).
- The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act.
- The place of both mediation and arbitration shall be Mumbai, India.
- The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language.
- The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- The Courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by Akbar Travels or the agreement or arrangement between the You and Akbar Travels.
- All claims and disputes arising under this Terms and Conditions should be notified to Akbar Travels within 30 days from the event date after which You shall have no any claim against Akbar Travels.
- Akbar Travels shall be entitled to add to, vary or amend any or all these terms and conditions at any time and You shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.akbarcab.com or on the date that Akbar Travels may indicate that such addition, variation or amendment is to come into effect.
- Akbar Travels reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
- Akbar Travels may provide links to third party website as a convenience to You or as an advertisement and Akbar Travels does not have any control over such sites i.e. content and resources provided by them.
- Akbar Travels recommends reading such site's terms and conditions and/or privacy policies before using such sites.
- This web site www.akbarcab.com is published and maintained by the Akbar Travels access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Akbar Travels and You.
TRIP TRACKER SERVICE (IF APPLICABLE)
- The Trip Tracker Service is optional & will be provided based only on the information given by You with regard to the tracking number while making the booking of the Cab/ Taxi.
- The trip tracker service once activated shall be ongoing unless otherwise deactivated by You.
- Akbar Travels assumes the deemed consent of the owner of tracking number (to receive Trip Tracker SMSs) & shall not be responsible or liable for the authenticity of the tracking number.
- In the event You desire to give any other tracking number, the same shall be done by You well in advance by intimating the Call Center or by using the "edit" option given on the website and in any case before the booking the Cab. The SMS will be sent to the last tracking number intimated to the Call Center or registered on the website before the booking of the Cab.
- The service may not be available if any routine maintenance is carried out for a short period of time and the Customer will be informed accordingly. Whilst every attempt will be made to restore the trip tracking service, Akbar Travels will not be responsible for any failure or delay to offer the service due to routine maintenance.
- In the event You wish to end his trip before the drop destination provided by You at the time of booking the cab, the trip tracking service will send the SMS as showing that location as end of trip where You has actually ended your trip.
- Akbar Travels will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the Akbar Travels or You and/or the person whose number has been provided as tracking number. Once the trip tracker SMS is sent from Akbar Travels dispatch system, the same shall be regarded as sent irrespective of any delay or failure on account of any condition
- Akbar Travels will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of SMS under the trip tracking service shall be used for planning a meeting and/or any other purpose. Akbar Travels shall not be responsible for any delay on account of such situations and information provided under the trip tracking service is only for sending the SMS alerts about the cab location and trip.
- Akbar Travels does not assure a complete sustainability of this service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner
- Akbar Travels shall not be responsible for the correctness of the tracking number provided by the Customers
SHARE YOUR RIDE (IF APPLICABLE)
- You may offer to share the Cab with other users on the application and You shall share Your point of origin and destination for the ride for the said purpose.
- Other users may place a request to You on the Application by providing his point of origin and destination for the desired ride.
- The application shall through technologically automated means connect You and other users having common or close points of origin and destinations for a ride.
- Akbar Travels shall share your necessary details with the other users and with the other party so connected through the Application and the other user shall have the option of accepting or rejecting the offer placed by You for the ride between the desired points of origin and destination, until the Ride begins.
- You are advised to use Your own prudence in offering or accepting a ride on the application as Akbar Travels cannot guarantee the authenticity of the data shared by other users.
- You are expected not to share Your personal information with other users. You maintain decorum and refrain from indulging in heated discussions or debate(s) with other user.
INVALIDITY OF ONE OR MORE PROVISIONS
- The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
- If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
- Akbar Travels reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the Service, application or via email.
- Akbar Travels may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
PRIVACY AND COOKIE NOTICE
- Akbar Travels collects and processes the personal data of the visitors of the website and users of the application according to the Privacy and Cookie Notice