TERMS AND CONDITIONS
These Terms and Conditions (“T&C”) are between you (“User”/“You”) and Carvan Trips Private Limited (hereinafter referred as “Carvan Trips” or “Us”/”We”) with regard to your use of the website www.carvantrips.co (hereinafter referred as “Website”) and the use of various Services that are provided by Carvan Trips.
Carvan Trips Private Limited is a company incorporated under the laws of India, with its principal office at B 206, Oxford Chambers, Saki Vihar, Mumbai, India. Carvan Trips is engaged in the business of providing customised travel, road trips, activities, holidays, adventure, nature and Eco tours and other tour & travel related services (hereinafter referred as 'Services'). Carvan Trips is the facilitator of the Services only which may be offered and rendered by the third party vendors ("Service Providers").
In addition, the User shall be required to read and accept the relevant terms and conditions of Service (“TACS”) for each such Service, which may be updated or modified by Carvan Trips from time to time. Such TACS shall be deemed to be a part of this User Agreement.
User hereby consents, expresses and agrees that he has read and fully understands the T&C of this User Agreement of Carvan Trips as given in the Website without any change.
After making the payment, you shall be eligible for the services only after receipt of the booking confirmation. In case you do not receive a confirmation of your purchase/ booking, check your junk folder, and if still not found, please contact us.
Carvan Trips at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any Service by Carvan Trips is not complete until full money towards the Service is received from the User and accepted by Carvan Trips.
Modification of Terms
We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking.
Amendment and Cancellation policy
For cancellation terms and policies please refer to our cancellation page.
Limitation of Liability
The user understands that there are inherent risks of the services in which the user may engage. The user confirms that they are physically and mentally capable of availing the service. The users’ participation is voluntary and the user shall under no circumstance hold Carvan Trips responsible for any injury, accidents, illness and damage to or loss of personal property as the result of any incident or accident that may occur during the period of service.
The user may not hold Carvan Trips liable for any cancellations or damage caused due to unforeseen uncontrollable circumstances such as, but not limited to, bad weather, riots, natural or other disasters, terrorist activity etc. in which case the financial liability for making any alternate arrangements would be of the user.
The conduct and behaviour of the user should not cause distress or harm to anyone including other user members, Carvan Trips’ staff, service providers etc; in which case we/ service providers reserve the right to ask you to immediately leave, or in certain circumstances, hand you over to the appropriate authorities, in which case the financial liability would be of the user.
If for any reason the user wishes to abruptly end the trip before its scheduled completion, or is unable to participate due to being unfit, we will not be responsible to provide any refund and the financial liability for making any alternate arrangements would be of the user.
It is the responsibility of the user to check all the basic safety measures provided by the local service provider before commencing the activity. The user is responsible to follow the instructions of the service provider and the user has to bear all the expenses which may arise in case for medical exigency or any emergency condition.
The user understands and agrees that Carvan Trips is not an agent of the service providers or an insurer and that Carvan Trips has no control over the conduct of operators, travellers and other users of the services or any group tours, and disclaims all liability in this regard.
For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this User Agreement and the TACS. If the User does not agree with any part of such terms, conditions and notices or the terms and conditions of the TACS the User must not avail Carvan Trips Services.
Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including without limitation terms and conditions set forth in a Service Providers' fare rules, contract of carriage or house rules.
If the user purchases any optional activities that are not part of the pre-booked itinerary, the contract for the provision of that activity will be between the user and such activity provider. The decision to partake in any such activity is entirely at the user’s discretion and risk. Any complaint about, or problem with, any optional activity purchased should be directed to the activity provider and not to us.
Carvan Trips will endeavour to ensure that all the
information provided by it is, to the best of its knowledge, correct. However, Carvan
Trips or any of its employees neither warrants nor makes any representations
regarding the quality, accuracy or completeness of the information or data. Carvan
Trips or any of its employees makes no warranty, express or implied, concerning
the website and/or its contents, and disclaims all assurances of fitness for a
particular purpose and guarantees of merchantability in respect of services,
including any liability, responsibility or any other claim, in respect of any
loss, whether direct, indirect or consequential, to any User or any other
person, arising out of or from the use of any such information.
To the extent Carvan Trips acts only as a facilitator of the Services which are being offered and rendered by third party Service Providers, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the User as regards the standards, quality, fitness, merchantability, consequences of the use of the Services provided by the Service Providers. In no circumstances shall Carvan Trips be liable for the Services provided by the Service Provider.
Although Carvan Trips makes reasonable commercial efforts to ensure that the description and content in the TACS and on each pages of the Website are correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, if in case Carvan Trips is not the Service Provider and cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the Service Providers.
Carvan Trips does not, by facilitating the Services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
User generated content
Carvan Trips holds no responsibility for any of the User Generated Content on the website. Carvan Trips neither warrants nor makes any representations concerning the quality or accuracy of the User Generated Content on the website. Additionally, Carvan Trips is not liable for any User Generated Content which may be deemed as vulgar, profane or harmful.
The Website may contain services such as blogs, testimonials, reviews, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as " User generated content"). The User agrees and undertakes to use the User generated content only to post, send and receive messages and material that are proper and related to the particular User generated content.
Carvan Trips will review materials posted through User
generated content Services and shall remove any materials in its sole
discretion. Carvan Trips reserves the right to terminate the User's access to
any or all of the User generated content at any time without notice for any
Carvan Trips does not control or endorse the content, messages or information found in any User generated content and, therefore, Carvan Trips disclaims any liability or responsibility whatsoever with regard to the User generated content and any actions resulting from the user's participation in any User generated content.
Carvan Trips reserves the right at its sole discretion to terminate the access to the Website and the related services or any portion thereof without any prior notice.
User's Obligations and User Account
The User confirms that the User is of legal age to enter
into a binding contract and is not a person barred from availing the Services
under the laws of India or other applicable law.
The user understands and agrees that the Services are provided on an "as is" basis and that Carvan Trips does not assume any responsibility for deletions, non-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register themselves on the Website, upon completion of the registration process, the User shall receive a user ID and password. The Password will not be known even to Carvan Trips. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user ID, and shall be fully responsible for all activities that occur by use of such password or user ID. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the Carvan Trips Services. Carvan Trips will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Carvan Trips Services.
The User also agrees to provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Furthermore, the User grants Carvan Trips the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
When you register with Website, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.
Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only. The User hereby agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. The User further agrees and undertakes not to copy, modify, re-distribute, display, perform, reproduce, publish, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Carvan Trips' name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Carvan Trips may limit the user's activity, or end the
user's listing, warn other users of the user's actions, immediately
temporarily/indefinitely suspend or terminate the user's registration, and/or
refuse to provide the user with access to the Website without providing any
explanation for the same.
If the user breaches this User Agreement, the TACS or the documents it incorporates by reference, Carvan Trips reserves the right to recover any amounts due and owing by the User to Carvan Trips and/or the Service Provider and to take strict legal action as Carvan Trips deems necessary.
Carvan Trips may provide the User with proprietary contents
such as PDF files, photographs, graphics, video or any other material. The User
may use this material only as specifically approved by Carvan Trips and shall
not copy, transmit or create derived works of such material without specific approval
from Carvan Trips.
The User agrees that they shall not upload, post or reproduce any content on or through the Website that is protected by copyright or other proprietary right of a third party for any use, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this User Agreement shall be deemed to constitute a partnership between the User and Carvan Trips and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
The User agrees to indemnify, defend and hold harmless Carvan Trips from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Carvan Trips that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this User Agreement and/or the TACS.
Termination of Agreement and Services
The User agrees that Carvan Trips may without prior notice,
immediately terminate the User's user ID and access to the Website/Services.
Should the User object to any terms and conditions of this User Agreement, the
User's only recourse is to immediately discontinue use of the Website/Service.
Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Carvan Trips shall have no obligation thereafter to execute any of the User's uncompleted tasks. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
Governing Law and Jurisdiction
This Agreement and each TACS shall be governed by in accordance with the laws of India. All disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.