Rajasthan Four Wheel Drive Private Limited is one of the most accountable travel portal in India that take care of the requirements of its clients .However it apply some terms & condition to maintain truth worthy relationship with its clients.
While accessing, using, browsing or make booking through fourwheeldriveindia.com, users have to accept that they are agreed to the terms and conditions of our portal. In case of any violation, fourwheeldriveindia.com and its associates reserve all the rights for taking any legal action(s) against them.
AGREEMENT BETWEEN CUSTOMER AND fourwheeldriveindia.com
1. APPLICABILITY OF THE AGREEMENT
1.1 This agreement (“customer agreement” or “Agreement”) incorporates the terms and conditions for fourwheeldriveindia.com and its affiliate or associate companies (Hereinafter called or referred to as “fourwheeldriveindia.com”) to provide services to the person(s) (“the Customer”) intending to purchase or inquiring for any products and/ or services of fourwheeldriveindia.com by using fourwheeldriveindia.com’s websites or using any other customer interface channels of fourwheeldriveindia.com which includes its sales or marketing persons, offices, call centres, advertisements, information campaigns ,public broadcastings, etc.
1.2 Both Customer and fourwheeldriveindia.com are individually referred as ‘party’ to the agreement and collective referred to as ‘parties’.
2. INTERPRETATION AND GENDER
2.1 The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.
3.1 The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of fourwheeldriveindia.com Websites or its partner websites or any provision hereof in any manner whatsoever.
3.2 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular fourwheeldriveindia.com website, then these terms shall control.
4. CUSTOMER’S RESPONSIBILITY OF KNOWLEDGE OF THIS AGREEMENT
4.1 The Customers availing services from fourwheeldriveindia.com shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by fourwheeldriveindia.com for all purposes, and shall be binding on the Customer. All rights and liabilities of the Customer and/or fourwheeldriveindia.com with respect to any services to be provided by fourwheeldriveindia.com shall be restricted to the scope of this agreement.
4.2 fourwheeldriveindia.com reserves the right, in its sole discretion, to terminate the access to any or all fourwheeldriveindia.com websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason of whatsoever nature.
4.3 In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by fourwheeldriveindia.com like the air tickets, MICE, holiday packages etc. Such TOS will be provided/ updated by fourwheeldriveindia.com which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The Customer shall be required to read and accept the relevant TOS for the service/ product availed by the Customer.
4.4 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 (for example, flights, hotel reservations, packages, etc.). The Customer shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the Customer elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules.
4.5 fourwheeldriveindia.com’s Services are offered to the Customer conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the Customer constitutes an acknowledgement and acceptance by the Customer of this Agreement and the TOS. If the Customer does not agree with any part of such terms, conditions and notices, the Customer must not avail fourwheeldriveindia.com’s Services.
4.6 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other fourwheeldriveindia.com document, then these terms shall control or rule.
5. THIRD PARTY ACCOUNT INFORMATION
5.1 By using the Account Access service in fourwheeldriveindia.com’s websites, the Customer authorizes fourwheeldriveindia.com and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
5.2 While registering, the Customer will choose a password and is responsible for maintaining the confidentiality of the password and the account.
5.3 The Customer is fully responsible for all activities that occur while using their password or account. It is the duty of the Customer to notify fourwheeldriveindia.com immediately in writing of any unauthorized use of their password or account or any other breach of security. fourwheeldriveindia.com will not be liable for any loss that may be incurred by the Customer as a result of unauthorized use of his password or account, either with or without his knowledge. The Customer shall not use anyone else’s password at any time.
6. PAYMENT OF FEES
6.1 fourwheeldriveindia.com reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. fourwheeldriveindia.com further reserves the right to alter any and all fees from time to time, without notice.
6.2 The Customer shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
6.3 In case, there is a short charging by fourwheeldriveindia.com for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
6.4 In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. fourwheeldriveindia.com is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
6.5 The Customer shall request fourwheeldriveindia.com for any refunds against the unutilized or ‘no show’ air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and , as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or no show air or hotel booking shall be deemed to have been forfeited.
7.1 Any information which is specifically mentioned by fourwheeldriveindia.com as Confidential shall be maintained confidentially by the Customer and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
8. USING MOBILE NUMBER OF THE CUSTOMER BY fourwheeldriveindia.com
8.1 fourwheeldriveindia.com may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the Customer at the time of booking; fourwheeldriveindia.com may also contact the Customer by voice call, SMS or email in case the Customer couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the Customer for concluding the booking and also to help the Customer for the same. The Customer hereby unconditionally consents that such communications via SMS and/ or voice call by fourwheeldriveindia.com is (a) upon the request and authorization of the Customer, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The Customer will indemnify fourwheeldriveindia.com against all types of losses and damages incurred by fourwheeldriveindia.com due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the Customer on fourwheeldriveindia.com with respect to the intimations mentioned above or due to a wrong number or email id being provided by the Customer for any reason whatsoever.
9. ONUS OF THE CUSTOMER
9.1 fourwheeldriveindia.com is responsible only for the transactions that are done by the Customer through fourwheeldriveindia.com. fourwheeldriveindia.com will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the Customer.
9.2 The Customer warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The Customer further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
9.3 The Customer represent and confirm that the Customer 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(s).
10.1Unless explicitly provided by fourwheeldriveindia.com in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the Customer and fourwheeldriveindia.com doesn’t accept any claims arising out of such scenarios.
10.2Insurance, if any provided as a part of the service/ product by fourwheeldriveindia.com shall be as per the terms and conditions of the insuring company. The Customer shall contact the insurance company directly for any claims or disputes and fourwheeldriveindia.com shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
11. ADVERTISERS ON fourwheeldriveindia.COM OR LINKED WEBSITES
11.1 fourwheeldriveindia.com is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. fourwheeldriveindia.com does not endorse any advertiser on its web pages in any manner. The Customers are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11.2The linked sites are not under the control of fourwheeldriveindia.com and fourwheeldriveindia.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. fourwheeldriveindia.com is providing these links to the Customers only as a convenience and the inclusion of any link does not imply endorsement of the site by fourwheeldriveindia.com.
12. FORCE MAJURE SITUATIONS
12.1The Customer agrees that there can be exceptional circumstances where the service 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. If fourwheeldriveindia.com is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The Customer agrees that fourwheeldriveindia.com being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
12.2The Customer agrees that in situations due to any technical or other failure in fourwheeldriveindia.com, services committed earlier may not be provided or may involve substantial modification. In such cases, fourwheeldriveindia.com shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of fourwheeldriveindia.com against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the Customer.
12.3 fourwheeldriveindia.com shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are 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 Customer affected will be promptly given notice as the situation permits.
12.4Without prejudice to whatever is stated above, the maximum liability on part of fourwheeldriveindia.com arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by fourwheeldriveindia.com for its services.
12.5In no event shall fourwheeldriveindia.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the fourwheeldriveindia.com website(s) or any other channel . Neither shall fourwheeldriveindia.com be responsible for the delay or inability to use the fourwheeldriveindia.com websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the fourwheeldriveindia.com website(s), or otherwise arising out of the use of the fourwheeldriveindia.com website(s), whether based on contract, tort, negligence, strict liability or otherwise.
12. fourwheeldriveindia.com is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
13. SAFETY OF DOWNLOADED DATA
13.1The Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
13.2Nevertheless, fourwheeldriveindia.com will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
14. FEEDBACK FROM CUSTOMERS AND SOLICITATION
15. PROPRIETARY RIGHTS
15.1 fourwheeldriveindia.com may provide the Customer with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
15.2The Customer may use this material only as expressly authorized by fourwheeldriveindia.com and shall not copy, transmit or create derivative works of such material without express authorization.
15.3The Customer acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
15.4Any copyrighted or other proprietary content distributed 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 Customer to personal liability or criminal prosecution.
16. VISA OBLIGATIONS OF THE CUSTOMER
16.1The travel bookings done by fourwheeldriveindia.com are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. fourwheeldriveindia.com is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
17. PERSONAL AND NON-COMMERCIAL USE LIMITATION
17.1Unless otherwise specified, the fourwheeldriveindia.com services are for the Customer’s personal and non – commercial use. The Customer may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the fourwheeldriveindia.com website(s) without the express written approval from fourwheeldriveindia.com.
18.1The Customer agrees to indemnify, defend and hold harmless fourwheeldriveindia.com and/or its affiliates or associates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by fourwheeldriveindia.com and/or its affiliates, partner websites and their respective lawful successors and assigns 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 Customer pursuant to this agreement.
18.2The Customer shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and fourwheeldriveindia.com cannot be held responsible for the same.
19. RIGHT TO REFUSE
19.1 fourwheeldriveindia.com at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by fourwheeldriveindia.com is not complete until full money towards the service is received from the customer and accepted by fourwheeldriveindia.com.
19.2Without prejudice to the other remedies available to fourwheeldriveindia.com under this agreement, the TOS or under applicable law, fourwheeldriveindia.com may limit the Customer’s activity, or end the Customer’s listing, warn other Customers of the Customer’s actions, immediately temporarily/indefinitely suspend or terminate the Customer’s registration, and/or refuse to provide the Customer with access to the website if:
19.2.1 The Customer is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
19.2.2 fourwheeldriveindia.com is unable to verify or authenticate any information provided by the Customer; or
19.2.3 fourwheeldriveindia.com believes that the Customer’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Customer, other Customers of the website and/or fourwheeldriveindia.com.
19.3 fourwheeldriveindia.com may at any time in its sole discretion reinstate suspended Customers. Once the Customer have been indefinitely suspended the Customer shall not register or attempt to register with fourwheeldriveindia.com or use the website in any manner whatsoever until such time that the Customer is reinstated by fourwheeldriveindia.com.
19.4Notwithstanding the foregoing, if the Customer breaches this agreement, the TOS or the documents it incorporates by reference, fourwheeldriveindia.com reserves the right to recover any amounts due and owing by the Customer to fourwheeldriveindia.com and/or the service provider and to take strict legal action as fourwheeldriveindia.com deems necessary.
20. RIGHT TO CANCELLATION BY fourwheeldriveindia.COM IN CASE OF INVALID INFORMATION FROM CUSTOMER
20.1The Customer expressly undertakes to provide to fourwheeldriveindia.com only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the Customer would vitiate this agreement and shall disentitle the Customer from availing the services from fourwheeldriveindia.com.
20.2In case fourwheeldriveindia.com discovers or has reasons to believe at any time during or after receiving a request for services from the Customer that the request for services is either unauthorized or the information provided by the Customer or any of them is not correct or that any fact has been misrepresented by him, fourwheeldriveindia.com in its sole discretion shall have the unrestricted right to take any steps against the Customer(s), including cancellation of the bookings, etc. without any prior intimation to the Customer. In such an event, fourwheeldriveindia.com shall not be responsible or liable for any loss or damage that may be caused to the Customer or any of them as a consequence of such cancellation of booking or services.
20.3The Customer unequivocally indemnifies fourwheeldriveindia.com of any such claim or liability and shall not hold fourwheeldriveindia.com responsible for any loss or damage arising out of measures taken by fourwheeldriveindia.com for safeguarding its own interest and that of its genuine customers. This would also include fourwheeldriveindia.com denying/cancelling any bookings on account of suspected fraud transactions.
21.1If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
22.1None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of fourwheeldriveindia.com Websites or its partner websites, shall be deemed to constitute a partnership between the Customer and fourwheeldriveindia.com and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
23. UPDATION OF THE INFORMATION BY fourwheeldriveindia.COM
23.1Customer acknowledges that fourwheeldriveindia.com provides services with reasonable diligence and care. It endeavors its best to ensure that Customer does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the fourwheeldriveindia.com websites or other sales or marketing channels and ad-materials may include inaccuracies or typographical errors which will be immediately corrected as soon as fourwheeldriveindia.com notices them. Changes are/may be periodically made/added to the information provided such. fourwheeldriveindia.com may make improvements and/or changes in the fourwheeldriveindia.com websites at any time without any notice to the Customer. Any advice received except through an authorized representative of fourwheeldriveindia.com via the fourwheeldriveindia.com websites should not be relied upon for any decisions.
24.1 fourwheeldriveindia.com reserves the right to change the terms, conditions, and notices under which the fourwheeldriveindia.com websites are offered, including but not limited to the charges. The Customer is responsible for regularly reviewing these terms and conditions.
25. JURISDICTION AND GOVERNING LAW
25.1 fourwheeldriveindia.com hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. fourwheeldriveindia.com considers itself and intends to be subject to the jurisdiction only of the courts of Pune, India. This agreement and each TOS shall be governed by and constructed in accordance with the laws of India.
26. RESPONSIBILITIES OF THE CUSTOMER VIS-À-VIS THE AGREEMENT
26.1The Customer expressly agrees that use of the services is at their sole risk. To the extent fourwheeldriveindia.com acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall fourwheeldriveindia.com be liable for the services provided by the service provider. The services are provided on an “as is” and “as available” basis. fourwheeldriveindia.com may change the features or functionality of the services at any time, in their sole discretion, without notice. fourwheeldriveindia.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the Customer obtains from fourwheeldriveindia.com or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the Customer does not agree with any of the terms above, they are advised not to read the material on any of the fourwheeldriveindia.com pages or otherwise use any of the contents, pages, information or any other material provided by fourwheeldriveindia.com. The sole and exclusive remedy of the Customer in case of disagreement, in whole or in part, of the Customer agreement, is to discontinue using the services after notifying fourwheeldriveindia.com in writing.