TraYaa India Pvt. Ltd. (hereinafter referred to as “TraYaa”) is the author and publisher of the website https://www.trayaa.com/(“Website”) and the mobile application ‘TraYaa’(“App”), which are hereinafter collectively referred to as “Platforms”.
A. Acceptance of Terms
- For the purpose of the aforesaid clause and the present Terms of Service, “you”, “your” or “user” shall mean and include any person accessing the website, including persons desirous of availing our Services as travellers as well as Travel Yaars, and shall also include users registered on our Platforms as such and visitors who simply browse throughand access our Platforms in any manner whatsoever, while “we”, “us”, “our” shall mean TraYaa.
B. Provision of Services
- raYaa owns and operates the captionedPlatforms whereby interested users / travellers are connected with local ‘Travel Yaars’. ‘Yaar’ is an Indian phrase having the broad connotation of a friend or a guide. The aim and rationale behind implementing such a model is to bridge the gap between travellers and locally experienced individuals (‘Yaars’), who can provide not only a personalised travel experience to the travellers, but also provide a tailor-made itinerary.
- The role of TraYaa is to act as a facilitator and to provide a unified interface between users and Travel Yaars. It is made clear that Travel Yaars are not permanent employees employed by TraYaa, but are independent service providers, who also happen to betravel enthusiasts. Such Travel Yaars may inter alia be working professionals, college students, free lancers, etc. who are interested in helping travelers explore their cities / states.
C. Conditions of Use
- In consideration of your use of our Platforms, you represent that you are either:
- of legal age [18 (eighteen) years and above]and capable to enter into a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction(s); or
- You also agree to:
- i. provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services (“Registration Data”);
- ii. maintain and promptly update your Registration Data to keep it true, accurate, current and complete at all times;
- iii. not to provide any Registration Data, or once registered, not to post any material on any of the Platformsthe expression of which is either barred by law, undesirable, graphic, explicit,or which is capable of offending or outraging any religious or moral sentiments of any segment of the general public. What constitutes offensive and/or outrageous data will be determined at the sole discretion of TraYaa, irrespective of whether or not commission of such act(s) or deed(s) is specifically banned by any law in force.
- If you provide any RegistrationData or any posts on the Platformsthat arecontrary to any of the aforesaidclauses, or if TraYaahas reasonable grounds to suspect that such Registration Data or posts arecontrary or likely to be contrary to any of the aforesaid clauses, TraYaa reserves the right,at any time,to suspend or terminate your account, refuse any and all current or future use of our Platforms (or any portion thereof), and/or forfeit any Feespaid by you, together with initiation of appropriate legal and other proceedings against you, as may be advised. TraYaawill not be liableinter alia to any third party for any act(s) or omission(s) arising from the inaccurate Registration Data provided by you.
- You will be required to enter a valid phone number while registering on our Platforms as a user – including that as a travelleror as a TravelYaar. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any updates inter alia including subscription/service related updates. TraYaamight allow you to “opt-out” of receiving future communications. If you are registered with the National Do Not Disturb (DND) Registry you may not receive any promotional messages from us.
- If you register on our Platforms, you will be required to choose a username and password. You are solely responsible at all times for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. Further, you agree to:
- i. immediately notify TraYaaof any unauthorized use of your password or account or any other breach of security, and
- ii. ensure that you log out from your account at the end of each session;
- iii. never use any other traveller or user’s account without express prior authorization from TraYaa.
E. User Information
- TraYaabusiness model provides you with location based service providers in a short span of time. To facilitate this, you hereby authorise TraYaato use the location based information provided by your device and/or any of the telecommunication companies when you use a mobile phone to make a booking. The location based information will be used only to facilitate and improve services offered to you.
- If you use our Platforms, you agree that information about your use of the Website and/orApp through your mobile telecommunication device may be communicated to us by your mobile carrier and/or other access provider, and we may obtain information about your mobile carrier, your mobile device, or your physical location, as may be shared with us by your mobile carrier and/or other access provider based on your agreement and/or terms of service, etc. with such mobile carrier and/or other access provider. By accessing the Platforms using a mobile telecommunication device, you represent that to the extent you import any of your Registration Data or other TraYaadata to your mobile telecommunication device, that you have authority to share the transferred data with your mobile carrier and/or other access provider. In the event you change or deactivate your mobile account, you must promptly update your TraYaaRegistration Data / account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the Platformsthrough your mobile carrier and/or other access provider. Therefore, you should check with your provider to find out if our Platforms are available for your use, and accept the relevantterms of services for your specific telecommunication devices prior to using the Platforms.
- TraYaareserves the right to collect user data including names, contact information and other details,as necessary,so as to facilitate performance and provision of Services by TraYaaand use of the Platforms by TraYaa.
- Compilation of user accounts and user accounts inter alia bearing contact number and e-mail addresses shall at all times be owned and vested in TraYaa, and shall be transferable and/or be capable of being shared with third-parties, in accordance with law, in such manner as TraYaa deems fit.
- 5. In case where TraYaa’s system / server is unable to establish the unique identity of a particular user against a valid mobile number and/or an e-mail address, such an account shall be suspended. TraYaareserves the full discretion to suspend a user’s account in the above event,without any liability whatsoever to issue a prior intimation or share any account information.
F. Use of the Platforms and Terms of Payment
- You shall provide details of your travel preferences required including dates of travel, type of vacation, number of people, choice of accommodation, choice of mode of transport in the destination of travel, [Please add other information]and upload a picture (if required) on our Platform(s). You shall also have to complete applicable Registration formalities, fill requisite form(s) and submit other such information as may be applicable and notified from time to time. The information would be processed by the back-end team which would then identify the type of travelplan required and offer an estimate of cost which shall be approved by you.
- You will then be assigned a Travel Yaar who will, based on your preferences, plan your itinerary and make all other travel related bookings. Travel Yaars are typically expected to book local transportation, hotel bookings, local tourist attraction tickets [Please add other information] etc. Please note that the Travel Yaars are not going to be responsible for any international air travel bookings. Travel Yaars are also not responsible for any Visa Issuance.
- You shall pay a basic minimum Feeamounting to Rs. [•]/- per [user / traveller]through one of the specified modes of payment, in consideration forTraYaa’s Services, which shall be in addition to and exclusiveof costs of bookings / estimate costs in relation to your travel plan. Such minimum Fee shall be at the rates notified on our Platforms and shall be subject to revision and/or modification from time to time, at the sole discretion of TraYaa.
- Once you approve the estimate and make payment of Fees, TraYaawill provide all the basic details, booking information and other travel related details pertaining to your tripvia e-mail. Such information shall also be accessible to users by logging into their respective accounts on the Platforms. The Travel Yaar will provide the necessary assistance to this effect, and if there is anychange and/or modification and/or revision (hereinafter collectively referred to as “change/s” for the sake of convenience) in the itinerary based on the request / preferences of the user, the Travel Yaar shall update such change through the Platforms. If need be, the Travel Yaar may reschedule certain travel bookings to accommodate your updated preferences.
- If due to changes from your end, the revised booking rate is higher, you shall be responsible to pay the balance amount through one of the specified modes of payment, within the specified period of time, failing which TraYaa reserves its right to cancel and/or modify your booking.
- If any changes are made by the users / travellers after the expiry of 48 (forty eight) hours from confirmation and payment being effected on our Platforms against the itinerary, such changes shall be subject to the discretion of the Travel Yaar, who may accommodate and/or accept such changes at their sole discretioninter alia subject to payment of additional charges by the users / travellers.TraYaa also reserves its right to levy additional charges and/or Fees upon users / travellers in case any such changesare accepted by the Travel Yaar after 48 (forty eight) hours from confirmation. Upon acceptance, if any, the Travel Yaarmay update the changes through the Platforms.
- In case the revised estimate is lower, the balance amount shall be refunded back to you within a period of 15 working days, the means of which shall depend upon the payment mode chosen by you to make the initial payment.
- TraYaa shall strive to ensure all travel specifications are accommodated for and changed as per your convenience, but in case any specifications and/or special requests of users cannot be accommodated, in no case shall any refund of TraYaa’s service fees/ charges be offered, nor shall TraYaa be held liable for the same.
G. Cancellation Policy
- The following Cancellation Policy governs cancellation and refund against payment made by users / travellers for any of TraYaa’s Services availed on the Platforms. Applicable refunds shall be issued to users / travellers by way of account payee cheques / bank transfer within a period of 15 working days from the date of conveying a written request for cancellation.
||Percentage of refund
||Within a period of 48 (forty eight) hours from completion of booking and payment for Services being made on our Platforms
||Any time after 48 (forty eight) hours from completion of booking and payment for Services being made on our Platforms
||No refund / 0%
- TraYaa may, at its sole discretion, and on a case to case basisinter alia based upon a specific request being made by users / travellers, process refunds of users / travellerswho have cancelled any bookings and/or services after a period of 48 (forty eight) hours from completion of booking and payment formalities, strictly on a best effort basis, without the processing and/or issuance of any such refund(s) being guaranteed in any manner whatsoever or the same constituting an obligation and/or liability upon TraYaa in any manner whatsoever contrary to the Cancellation Policy set out hereinabove.
- In case of cancellation of any bookings and/or services, etc. provided by any third party service providers, whether or not such service are provided and/or advertised on TraYaa Platforms, users / travellers are hereby directed to be guided by respective cancellation / fare / refund policies of such third party service providers. TraYaa shall, in no circumstances whatsoever, be liable or responsible towards users / travellers in relation to any cancellation and refund related issues for services provided by third parties.
- TraYaa may provide certain user information to the Travel Yaars and/or vendors in order to provide services.
- TraYaa will not however, sell or share individual customer names or other personal information to any third party.
- All payments on made on the Platforms of TraYaaare secured[via 128-bit encryption].
All the material on our Platforms, and Services, included on or otherwise made available to you through our Platforms are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing, TraYaa does not warrant that the Platforms will be constantly available.TraYaa will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with its Platforms.
You agree to defend, indemnify and hold harmless TraYaa, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to our Platforms;
- Your violation of any third party right(s), including without limitation any copyright, property, or privacy right(s).
- 1. In no event, including but not limited to negligence, shall TraYaa, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platforms or the content, materials and functions related thereto, the Services including but not limited to the use of service(s) and/or function(s) incidental thereto (by whatever name called), third party bookings, hotel bookings, transport bookings, user’s provision of information via the Platforms, vicariously or otherwise, even if such Protected Entity has been advised of the possibility of such damages. Without prejudice to the generality of the foregoing, in no event shall the Protected Entities be liable for:
- i. provision of or failure to provide all or any service by Travel Yaars to users / travellers contacted or managed through the Platforms;
- ii. provision of or failure to provide all or any service by third party vendors contacted through Travel Yaars;
- iii.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platforms;
- iv. any unauthorized access to or alteration of your transmissions or data; or
- v. any other matter relating to the Platforms or the Services.
The aforesaid list is indicative and not exhaustive.
- In the event that TraYaais notified by any user(s) / traveller(s) regarding an eventuality of no show / cancellation being effected by a Travel Yaar, TraYaa shall undertake an enquiry in relation to the same inter alia by appropriately corresponding with the Travel Yaar. Further, TraYaar shall endeavour to process refunds of such affected users / travellers on a best effort basis, without the processing and/or issuance of any such refund(s) being guaranteed in any manner whatsoever or the same constituting an obligation and/or liability upon TraYaa in any manner whatsoever contrary to the Cancellation Policy set out hereinabove.
- The involvement of TraYaa in relation to selection and/or shortlisting and/or hosting of Travel Yaars and their itinerary options is limited to conduction of a basic background check for past criminal record, which shall be conducted on the basis of documents and identity proofs submitted by the Travel Yaars to TraYaa.
- Apart from discharge of this threshold liability, the Protected Entities shall, in no manner whatsoever, vicariously or as a principal of the Travel Yaar or otherwise, be responsible for any acts, omissions, deeds or things done by the Travel Yaarinter alia towards the users, irrespective of whether or not such acts, omissions, deeds or things are illegal or constitute a crime as per the law in force or whether or not acts, omissions, deeds or things have the effect of causing injury, hurt or harm – bodily, personal, or monetary – to the users.
- It is also made clear that the Protected Entities shall not be responsible for failing to discharge its threshold liability for conduction of a background check if the Travel Yaar provides documents and/or papers which contained false and/or forged and/or fraudulent particulars.
L. Force Majeure
- Without limiting the foregoing, under no circumstances shall TraYaa be held liable for any damage or loss due to deficiency in performance of Service resulting directly or indirectly from change in any travel related compliances, laws and regulations, change in any visa/immigration related laws and regulations, acts of nature, forces or causes beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters’ end. In such event, the user affected or likely to be affected will be promptly given notice, as the situation permits.
- The User agrees that there can be certain exceptional circumstances where the third party service and tour operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations, etc.
- In case TraYaa is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to inform travellers/users and provide similar alternative is so desired. TraYaa being an agent, facilitating the booking services, shall not be responsible for any such circumstances and travellers/users shall have to contact the relevant service provider directly for any further resolution and/or refunds.
- In case of any such eventuality(ies), the Travel Yaar(s) may aid and/or extend such help tousers / travellers which the Travel Yaar(s) may deem appropriate at their sole discretion, and TraYaa shall also endeavour to process refunds of such affected users / travellers on a best effort basis, without the processing and/or issuance of any such refund(s) being guaranteed in any manner whatsoever or the same constituting an obligation and/or liability upon TraYaain any manner whatsoever contrary to the Cancellation Policy set out hereinabove.
M. Intellectual Property
- The TraYaa Website and App are owned by TraYaa. TraYaa is the sole owner of the App, Website and all software created to provide you with the Services. TraYaa provides you with a single limited license to download, use and access the Platforms on your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Platforms, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of TraYaa. You shall not copy, reproduce or use such Content without due attribution of ownership to TraYaa. All icons, logos, taglines, etc. are trademarks of and proprietary to TraYaa. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All Content is the exclusive copyright of TraYaaor its licensors, except the third party content and link to third party website(s). Systematic retrieval of TraYaaContent to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without the express prior written permission from TraYaais prohibited. In addition, use of the Content for any purpose not expressly permitted by TraYaain this Agreement is prohibited and may invite legal action.
N. Entire Agreement
O. Governing Law