Terms and Conditions (T&C) – Cab Booking
Terms and Conditions (T&C) – Cab Booking
These terms of use are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. these terms of use do not require any physical, electronic, or digital signature.
This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries’ guidelines) rules, 2011 prescribed under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.
These terms of use are a legally binding document between ADL and user (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between ADL and user for the use of the website (defined below).
Please read these terms of use carefully. By using the website, you indicate that you understand, agree and consent to these terms of use. If you do not agree with the terms of these terms of use, please do not use this website. You hereby provide your unconditional consent or agreement to ADL as provided under section 43a and section 72a of information technology act, 2000 and the information technology (intermediary guidelines) rules, 2011.
These Terms of Use of the website located at the URL https://adanione.com, mobile sites or mobile application (“Website”) is between Adani Digital Labs Pvt Ltd (“ADL” or “We” or “Us” or “Our"), an Company incorporated under the Laws of India with its registered office situated at Adani Corporate House, Shantigram Ahmedabad and the guest users or registered users of the Website ("You" or "Your" or "Yourself" or "Customer") describe the terms on which ADL offers You access to the Website and such other services as are incidental and ancillary thereto.
These Terms of Use is a contract between You and ADL. These Terms of Use shall be read together with the Privacy Policy or other terms and conditions with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.
We act as a facilitator and merely provide an online platform to the User to select and book a Cab service being offered by Cab operators.
DEFINITIONS
- “Cab” as may be used in this document includes all categories of transport vehicles like sedans, hatchbacks, sport utility vehicles, multi utility vehicles, and any other vehicle meant for transporting passengers.
- “Cab Operator” means all the cab operators providing their vehicles along with their drivers.
TYPES OF CAB BOOKINGS FACILITATED BY US
- Outstation Cab: This enables User(s) to book vehicles operated by cab operators having All India Tourist Permit (AITP) vehicles and operating between two separate cities. depending upon the availability Based on the demand/requirement of the User, we as a facilitator connect the User with the concerned cab operator.
- Car Rental (intracity and intercity): This enables User to book vehicles operated by cab operators having AITP license on hire/rental basis. This service shall be provided for airport picks up and drop hire/ rentals for both intercity and intracity on exclusive basis by booking the entire Vehicle of the cab/taxi operators depending upon the availability.
- Airport Pick up/drop: This shall exclusively cater to the needs of User intending to travel to and from the Airport.
- Self-Drive Cars: We as a facilitator connect the User with the concerned service provider. The user is required to adhere to the terms and conditions of the respective service provider to avail the service.
OUR ROLE AND LIMITATION OF LIABILITY
- We do not operate cab services on its own. To provide a comprehensive choice of cab services, cab types and prices to User, we have tied up with many Cab Operators. The cab operator will be responsible for the following:
- We act only as a facilitator between the Cab Operator and User. The transaction is always between the Cab Operator and the User. However, we charge only convenience fee for facilitation of such service.
- It is the sole responsibility of the Cab Operator to ensure it has all the requisite licenses, approvals, insurance and permits from appropriate authorities required to undertake the travel booked. We give no warranty or assurance regarding requisite licenses, approvals, insurance and permits which the Cab Operator is supposed to obtain from appropriate authorities.
- We shall not be responsible in any manner whatsoever for any claims with respect to the trip including without limitation, claims pertaining to timeliness, safety, continuity, uninterrupted travel, quality, conditions of vehicle or driving skill, the Cab not departing or reaching on time, behavior of the cab driver, interiors of the Cab, cancellation of the trip by the Cab Operator due to any reason whatsoever, the baggage of the User getting lost, stolen or damaged, the Cab Operator providing a different type of Cab to the User, the User/Cab driver waiting at the wrong boarding point, the User being dropped to nearest location by the driver of the Cab due to any unavoidable circumstances, or any act or omission of Cab Operator/Cab driver causing accident, loss of life to the User.
- We will not be liable to User or to any other person for any direct, indirect, incidental, punitive, or consequential loss, damage, cost, or expense of any kind whatsoever and howsoever caused from out of the information derived by User through usage of Website, in so far as such information is provided by the Cab Operator.
- In case of break down or accident of Cab where Cab Operator has been unable to make alternative arrangement, we shall provide full refund to the User for uncovered distance. Any claims, liabilities or legal costs arising out of such event shall be borne by the Cab Operator.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
- Booking of a Cab can either be “Prepaid”, or “Part Payment” as per the options made available by the Cab operator on our Website/ Mobile Application.
- In “Prepaid” model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the base fare, applicable taxes, service fees as may be charged on behalf of the Cab operator, and any additional booking fee or convenience fee charged by us.
- Any booking is subject to applicable cancellation policy set out on the booking page or as communicated to the User(s).
- In case of Car Rental and Outstation Cab bookings, the booking amount paid includes toll charges, interstate taxes, passenger taxes or any other applicable levies unless specified and the same shall be borne by the User.
- Expenses like toll charges, permit charges, parking charges, entry fees, Service Tax & any other Government Tax as per Government guidelines are to be borne by the User and paid directly to the driver unless specified if customer has not paid in the invoice.
- The estimate cost provided at the time of booking is to be construed as the final pricing for your trip. The Customer does not have to pay any extra or hidden charges.
- The travel allowance wherever applicable or you wish must be paid directly to the driver.
- In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, we shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to us. In cases where the short charge is claimed prior to the utilization of the booking, we will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
- Any increase in the price charged by us on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
- In the rare circumstance of a booking not getting confirmed for any reason whatsoever, we will process the refund of the booking amount paid by the User and intimate the User about the same. We are not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and us as the case may be.
Loyalty
- The Adani Rewards members will earn 5% of the net paid amount for cab booking as Adani Reward Points, subject to the fulfilment of the successful ride.
- Adani Rewards members can redeem their Adani Reward Points as per the T&Cs applicable to the Adani Rewards Program. Users are requested to refer the Adani Reward points terms and condition for further information.
- In the event of cancellation of the trip by the user, no Reward Points will be rewarded to the member.
RESPONSIBILITIES OF THE USERS
- The User must carry a valid photo-id proof during the trip and present the same to the Cab Operator or driver of the Cab before boarding the Cab. In the event of a mismatch in the identity of the User or traveler, the Cab Operator or the driver of the Cab may, at their discretion, deny boarding to such User.
- Cab Operator is obligated to commence the trip as soon as the User boards the Cab. User shall report to customer care desk of the cab operator in case the driver denies commencing the trip for any reason whatsoever.
- User shall board the Cab on or within such time as informed at the time of booking or provided in the booking voucher. In case the User fails to board the cab within the given timeline, Cab Operator will have the liberty to cancel the booking without informing the User.
- User will not have any right, title or interest in the Cab provided for the given trip.
- Once a Trip is booked by User, changes in departure time, boarding or dropping points are not permitted or it is subject to respective cab operator terms and conditions. User may have to cancel and do another booking for any modification.
- Any failure by User to board the Vehicle within the given reasonable timelines at the boarding point or trip commencement point, shall result in forfeiture of the total booking amount paid by the User without any refund rights.
- User shall stop and take breaks at specified places only. User shall avoid taking additional breaks except in case of emergency.
- User shall be responsible and liable for their own safety and security of luggage. We shall not be responsible for any loss to User or their luggage in any event.
- In the event of any dissatisfaction with any of the services provided by Cab Operator or us, the matter must be reported directly to Cab Operator and to us, in order that appropriate action may be taken to remedy the problem.
- The booking made by the User should be strictly for personal and not for any business or commercial purposes. However, the customer has the option to raise a request in case of a business trip and take GST input by contacting the Customer Support on the Application.
- The trip should be undertaken in the User’s personal capacity and shall not be used for profit making in any commercial context.
BOOKING BY TRAVEL AGENTS
Except with the prior registration with us as B2B agents, priority partner or a franchisee, and explicit permission of us to use the Website, all travel agents, tour operators, consolidators, or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, we reserve the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. We shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All discounts and offers mentioned on the Website are applicable only to the User(s) of us for legitimate bookings.
DO’s AND DON’Ts FOR THE USER
THE USER SHALL:
- Arrive on time at the appointed pick-up point as mutually agreed with Cab Operator.
- Maintain and ensure good and humble conduct with Cab driver during the trip and on failure to do so, driver may require such User to disembark the Cab.
- Prior to commencement of trip, check and agree with Cab Operator on dimension/weight of the luggage that can be accommodated in the boot space of the Cab.
- Check the starting time and the reading on the odometer at the start of the trip. Disputes regarding the same will not be acceptable after completion of journey.
THE USER SHALL NOT:
- Ask Cab driver to violate any traffic rules, or the city police or government rules or other applicable laws for any reason whatsoever.
- Coerce Cab driver to overload the boot space of the Vehicle with the User’s luggage.
- Use services offered under this head for any purpose which is unlawful or illegal under the applicable laws.
- Insist on disembarking at any place expect the point of drop as provided by the User at the time of booking.
- Board the Cab if he/ she is intoxicated or under influence of any drug or similar abusive substances.
- Will observe the prevailing health guidelines issues by government authorities.
NO WARRANTIES
The Website/Mobile Application and the Services are provided on an "as is" basis. We do not make any other representations or warranties of any kind, express or implied, including without limitation that the Website/Mobile Application or the Services will meet Your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.
- INDEMNITY
You shall indemnify and hold harmless Us, and Our owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- LIMITATION OF LIABILITY
In no event We shall be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages. For example, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.
- GOVERNING LAW
These T&C shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Gurugram.
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Email: support@adanione.com
Timings: 9:00 AM - 6:00 PM