Terms of Service

HOTELS

ROLE OF HOTELENGINE an initiative of Winking Brain LLP (Hereinafter referred to as “HE”) AND LIMITATION OF LIABILITY OF HOTELENGINE

HE acts as a facilitator and merely provides an online platform for the User to select and book a particular hotel. Hotels in this context include all categories of accommodations such as hotels, home-stays, bed and breakfast stays, resorts, farm-houses, and any other alternate accommodations.
All the information pertaining to the hotel including the category of the hotel, images, room type, amenities, and facilities available at the hotel are as per the information provided by the hotel to HE. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and the hotel. HE will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.

INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL

The hotel booking voucher which HE issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can HE be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service-related issues at the hotel. The liability of HE in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms, etc., will be limited to either providing a similar alternate accommodation at the discretion of HE (subject to availability at that time) or refunding the booking amount (to the extent paid) to the User. Any other service-related issues should be directly resolved by the User with the hotel.
Hotels reserve the sole right of admission and HE has no say whatsoever in admission or denial of admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. HE will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of HE. No refund would be applicable in case the hotel denies check-in under such circumstances.

RESPONSIBILITIES OF THE USER

The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. HE would not, in any way, intervene in the same.
The primary guest must be at least 18 years old to be able to check into the hotel.
The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out requests are subject to availability and the hotel may charge an additional fee for providing such services.

ADDITIONAL CHARGES BY THE HOTEL

The booking amount paid by the User is only for the stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages, etc. shall be paid by the User directly to the hotel.
Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve, or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. HE will have no control over waiving the same.

PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS

Booking of a hotel can either be “Prepaid” or “Pay at hotel” as per the options made available by a hotel on the Website of HE.
In the “Prepaid” model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by HE.
At the hotel’s or HE’s sole discretion on case to case basis, the User may also be provided with an option to make a part payment to HE at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide HE with correct credit or debit card details. HE may cancel the booking at its sole discretion in case the such bank or credit card details as provided by the User are found incorrect.
Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express, RuPay) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
Some accommodation suppliers may require the User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by HE and solely at the behest of the Hotel.
In the “Pay at hotel” model, the concerned hotel will collect the entire payment against the booking at the time of check-in. In the case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the hotel. For security purposes, the User must provide HE with correct credit or debit card details. HE may cancel the booking at its sole discretion in case the such bank or credit card details as provided by the User are found incorrect.

PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS

The Website may contain links to third-party websites. HE does not control such websites and is not responsible for their contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and HE shall assume no liability for the same.
HE is not responsible for any errors, omissions, or representations on any of its pages, links, or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
HE does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of HE and hence HE is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. HE is providing these links to the Users only as a convenience.

OTHER ACTIVITIES

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;
“Ferry” as may be used in this document includes all categories of vessels like ferries, boats, speed boats, catamaran and any other vessels meant for transporting passengers.
“Ferry Operator” means all the ferry operators providing their vehicles along with their captains;
“Adventure Activity Operator” means and includes any and all adventure activities such as scuba diving, parasailing, jetski, glassbottom boat ride, seakart, speed boat ride, snorkelling, seawalk, etc .

TYPES OF CAB BOOKINGS FACILITATED BY HE

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. On the basis of the demand/requirement of the User, HE as a facilitator connects the User with the concerned cab operator.
Car Rental (intracity and intercity): This enables users to book vehicles operated by cab operators having AITP licenses on a hire/rental basis. This service shall be provided for both intercity and intracity on an exclusive basis by booking the entire Vehicle of the cab/taxi operators.
Airport Drop and Jetty Drop: This shall exclusively cater to the needs of the User intending to travel from and to the Airport and jetty. The service provided is intracity in nature and shall not facilitate the User to book intercity Airport drops or intracity Jetty Drop.
Ferry: This enables users to book vessels operated by Ferry Operators. This service is provided for travel from one jetty/port to another.

ROLE OF HE AND LIMITATION OF LIABILITY

HE does not operate cab services, ferry services, or adventure activities on its own. In order to provide a comprehensive choice of cab services, cab types, and prices to users, it has tied up with many Cab Operators and Ferry Operators.
HE acts only as a facilitator between the Cab Operator, Ferry Operator, and Adventure Activities Operator, and the User. The transaction is always between the Cab Operator and the User.
It is the sole responsibility of the Cab Operator, Ferry Operator, and Adventure Activities Operator to ensure it has all the requisite licenses, approvals, insurance, and permits from appropriate authorities required to undertake the travel booked. HE gives no warranty or assurance in regard to requisite licenses, approvals, insurance, and permits which the Cab Operator or Ferry Operator is supposed to obtain from appropriate authorities.
HE shall not be responsible in any manner whatsoever for any claims with respect to the trip including without limitation, claims to pertain to the timeliness, safety, continuity, uninterrupted travel, quality, conditions of vehicle or driving skill, the Cab or Ferry not departing or reaching on time, the behavior of the cab driver or Ferry Captain, interiors of the Cab or Ferry, cancellation of the trip by the Cab Operator or Ferry Operator due to any reason whatsoever, the baggage of the User getting lost, stolen or damaged, the Cab Operator or Ferry Operator providing a different type of Cab or Ferry respectively to the User, the User waiting at the wrong boarding point, the User being dropped to the nearest location by the driver of the Cab or the Captain of the Ferry due to any unavoidable circumstances, or any act or omission of Cab Operator or Ferry Operator causing an accident, loss of life to the User.
HE will not be liable to the 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 the User through the usage of Website, in so far as such information is provided by the Cab Operator or Ferry Operator.
In case of a breakdown or accident of the Cab or Ferry where the Cab Operator or the Ferry Operator respectively has been unable to make alternative arrangements, HE shall provide a proportionate refund to the User for uncovered distance. Any claims, liabilities, or legal costs arising out of such an event shall be borne by the Cab Operator or Ferry Operator.

PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS

Booking of a Cab or Ferry can either be “Prepaid”, or “Part Payment” as per the options made available by the Cab operator or Ferry Operator respectively on the Website of HE.
In the “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 or Ferry Operator, and any additional booking fee or convenience fee charged by HE.
In the “Part Payment” model, the User is required to pay a specific percentage of the total booking amount at the time of making the booking, and the balance payment shall be made directly to the driver at the time of check-in.
Any booking is subject to the applicable cancellation policy set out on the booking page or as communicated to the User(s).
In the case of Car Rental and Outstation Cab bookings and, the booking amount paid does not include toll charges, interstate taxes, passenger taxes, or any other applicable levies and the same shall be borne by the User.
Expenses like toll charges, permit charges, parking charges, Service Tax & any other Government Tax as per Government guidelines are to be borne by the User and paid directly to the driver.
The travel allowance wherever applicable has to be paid directly to the driver.

RESPONSIBILITIES OF THE USERS

The User must carry a valid photo-id proof during the trip and present the same to the Cab Operator/ Ferry Operator or driver of the Cab or Captain of the Ferry before boarding the Cab or Ferry respectively. In the event of a mismatch in the identity of the User or traveler, the Cab Operator or Ferry Operator or the driver of the Cab or the Captain of the Ferry may, at their discretion, deny boarding to such User.
Cab Operators are obligated to commence the trip as soon as the User boards the Cab. Users shall report to HE in case the driver denies to commence the trip for any reason whatsoever.
Users shall board the Cab or Ferry 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 or Ferry Operator will have the liberty to cancel the booking without informing the User.
The user will not have any right, title, or interest in the Cab or Ferry provided for the given trip.
Once a Trip is booked by the User, changes in departure time, boarding, or dropping points are not permitted.
Any failure by the User to board the Vehicle or Vessel within the given 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.
Users shall stop and take breaks at specified places only. Users shall avoid taking additional breaks except in case of emergency.
Users shall be responsible and liable for their own safety and security of luggage. HE 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, Ferry Operator or HE, the matter must be reported directly to Cab Operator or Ferry Operator or HE respectively, in order that appropriate action may be taken to remedy the problem.
The booking made by the User should be strictly for tourism purposes only.
The trip should be undertaken in the User’s personal capacity and shall not be used for profit making in any commercial context.

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 or Ferry Operator;
Maintain and ensure good and humble conduct with Cab Operator or Ferry Operator during the trip and on failure to do so, Cab Operator or Ferry Operator may require such User to disembark the Cab;
Prior to commencement of trip, check and agree with Cab Operator or Ferry Operator on dimension/weight of the luggage that can be accommodated in the boot space of the Cab or luggage space on board the Ferry;

THE USER SHALL NOT:

Ask Cab Operator or Ferry Operator to violate any traffic rules, the city police or government rules, or other applicable laws for any reason whatsoever;
coerce Cab Operator or Ferry Operator to overload the boot space of the Vehicle or the luggage space of the Vessel 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 except the point of drop as provided by the User at the time of booking;
board the Cab or Ferry if he/ she is intoxicated or under influence of any drug or similar abusive substances.

USER AGREEMENT

APPLICABILITY

This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of HOTELENGINE an initiative of Winking Brain LLP (hereinafter “ HE”)
Any person ("User") who inquires about or purchases any products or services of HE through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents, etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement. The websites and the mobile applications of HE are collectively referred to as ‘Website’.
Both User and HE are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
“Terms of Service” available on HE’s website details out terms & conditions applicable to various services or products facilitated by HE. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.

ELIGIBILITY TO USE

The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of HE. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor, if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of the creation of the account is false.
Before using the Website, approaching any Sales Channels, or procuring the services of HE, the Users shall compulsorily read and understand this User Agreement and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with HE. If the User does not agree with any part of this Agreement, then the User must not avail of HE's services and must not access or approach the Sales Channels of HE.
All rights and liabilities of the User and HE with respect to any services or product facilitated by HE shall be restricted to the scope of this User Agreement.

CONTENT

All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons, and such similar content ("Content"), are registered by HE and protected under applicable intellectual property laws. The user cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by HE which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks, and trademarks displayed on the Website and through other Sales Channels of HE, as may be applicable. HE does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will be in violation of the applicable law.
HE respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

clear identification of such copyrighted work that you claim has been infringed;
location of the material on the Website, including but not limited to the link of the infringing material
The proof that the alleged copyrighted work is owned by you;
Contact information;

The aforesaid notices can be sent to HE by email at [email protected].

WEBSITE

The Website is meant to be used by bonafide User(s) for lawful use.
User shall not distribute, exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. The user represents and warrants that all information supplied to HE is true and accurate.
HE reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
HE will always make its best endeavors to ensure that the content on its websites or other sales channels is free of any virus or other malware. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
HE reserves the right to periodically make improvements or changes to its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or violative of any applicable law to [email protected]. On receiving such a report, HE reserves the right to investigate and/or take such action as the Company may deem appropriate.

BOOKINGS BY TRAVEL AGENTS

Except with the prior registration with HE as B2B agents, priority partners, or a franchisee, and explicit permission of HE 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, HE reserves 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. HE 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 HE for legitimate bookings.

LIMITED LIABILITY OF HE

Unless HE explicitly acts as a reseller in certain scenarios, HE always acts as a facilitator by connecting the User with the respective service providers like hotels, cab operators, ferry operators, adventure activity operators, ferry operators, etc. (collectively referred to as “Service Providers”). HE’s liability is limited to providing the User with a confirmed booking as selected by the User.
Any issues or concerns faced by the User at the time of availing of any such services shall be the sole responsibility of the Service Provider. HE will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence on part of any Service Provider.

HE is not responsible for the safety of the User and HE is not liable in any way or any manner for any damage or loss including but not limited to injury or death to the User and their accompanying companions/family members etc. caused while availing any of the services/adventure activities booked through HE.

Unless explicitly committed by HE as a part of any product or service:

HE assumes no liability for the standard of services as provided by the respective Service Providers.
HE provides no guarantee with regard to their quality or fitness as represented.
HE doesn’t guarantee the availability of any services as listed by a Service Provider.

By making a booking, the User understands HE merely provides a technology platform for the booking of services and products and the ultimate liability rests on the respective Service Provider and not HE. Thus the ultimate contract of service is between User and Service Provider.
The user further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. HE, therefore, cannot be held liable in case the information provided by the Service Provider is found to be inaccurate, inadequate, obsolete, or in contravention of any laws, rules, regulations, or directions in force.

USER’S RESPONSIBILITY

Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in the booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform the such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through HE. The User further undertakes to comply with all applicable laws, regulations, orders, directions, etc. issued by either the Central Government, State Government, District Authorities, or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an "as is" and "as available" basis. HE may change the features or functionality of the services being provided at any time, at its sole discretion, without any prior notice. HE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from HE or through the services opted for shall create any warranty not expressly made herein or in the terms and conditions of the services.
The user also authorizes HE’s representative to contact such user over phone, message, and email. This consent shall supersede any preferences set by such User through the national customer preference register (NCPR) or any other similar preferences.

SECURITY AND ACCOUNT-RELATED INFORMATION

While registering on the Website, the User will have to choose a password to access that User’s account and the User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify HE immediately in writing of any unauthorized use of their password or account or any other breach of security. HE will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.
The user understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.
HE keeps all the data in relation to credit cards, debit cards, bank information, etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance), etc., HE may at times verify certain information of its Users like their credit score, as and when required.
Additionally, HE may share your Personal Information in an anonymized and/ or aggregated form with a third party that HE may engage to perform certain tasks on its behalf or to fulfill the desired booking, including but not limited to payment processing, data hosting, data processing, credit score and assessing creditworthiness for offering bookings on credit in accordance with the applicable laws.
Additionally, HE may share your Personal Information in an anonymized and/ or aggregated form with a third party that HE may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing, credit score, and assessing creditworthiness for offering bookings on credit in accordance with the applicable laws.
HE adopts the best industry standard to secure the information as provided by the User. However, HE cannot guarantee that there will never be any security breach of its systems which may have an impact on Users’ information too.
The data of the User as available with HE may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

FEES AND PAYMENT

In addition to the cost of booking as charged by the Service Providers, HE reserves the right to charge certain fees in the nature of convenience fees or service fees. HE further reserves the right to alter any and all fees from time to time. Any such additional fees, including fees towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee, etc. Owing to any technical error or other reason, HE shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to HE. In cases where the short charge is claimed prior to the utilization of the booking, HE 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 HE on account of a change in the rate of taxes or imposition of new taxes, or levies by the Government shall have to be borne by the User. Such imposition of taxes, and 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, HE will process the refund of the booking amount paid by the User and intimate the User about the same. HE is 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 HE as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
The User agrees and understands that all payments shall only be made to bank accounts of HE. HE or its agents, representatives, or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of HE. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by HE or to any personal account of any person, HE shall not be held liable for the same. The user shall not hold any right to recover from HE any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. with any person including the agents, employees, or representatives of HE. The User shall immediately inform HE if such details are demanded by any of its agents’ employees or representatives. HE shall not be liable for any loss that the User incurs for sharing the aforesaid details.
HE provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, HE and third-party Wallets, Gift Cards, EMI, and more.
Refunds, if any, on canceled bookings will always be processed to the respective account or the banking instrument (credit card, wallet, etc.) from which payment was made for that booking.
Booking(s) made by the User through HE are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
Any cashback earned by the User as goCash will be debited from the User’s wallet in case of any partial/full cancellation, modifications including but not limited to the date change, name change, etc. of the bookings made. In the event, that the cashback is already utilized by the User for any further bookings or against the modified booking then HE reserves the right to adjust the cashback amount at the time of refund against the canceled booking or charge the utilized cashback amount with the modified booking amount as the case may be. The User agrees and acknowledges that HE shall be the sole authority to decide the credit or adjustment of the cashback amount pursuant to this clause and in case of any dispute, the decision taken by HE shall be final and binding.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY HE

HE will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change, or any such other information relevant to the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail, or any other alternate communication detail provided by the User at the time of booking.
HE may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email, or any other mode by HE are:

upon the request and authorization of the User;
‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of the Telecom Regulation Authority of India (TRAI), and
in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify HE against all types of losses and damages incurred by HE due to any action taken by TRAI, Access Providers (as per TRAI regulations), or any other authority due to any erroneous complaint raised by the User on HE with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

INSURANCE

Unless explicitly provided by HE in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case, HE shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by HE shall be as per the terms and conditions of the third-party insurance company. HE merely acts as a facilitator in connecting the User with the insurance company. The User shall contact the insurance company directly for any claims or disputes. HE shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

COMPLIANCE WITH LIBERALIZED REMIHEANCE SCHEME (LRS)

The RBI mandates the collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which includes any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by HE either at the time of booking or after the booking is made. In case the traveler is a minor, HE will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance with this requirement may result in the cancellation of the booking
The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by the User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
The User authorizes HE to retrieve the User’s/ traveler’s (in case of booking on someone’s behalf) PAN details from Users profile, and previous bookings or share the User/traveler’s data with a third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.
The User understands HE does not collect the User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop

OBLIGATION TO OBTAIN A VISA

International bookings made through HE are subject to the requirements of visa including but not limited to the transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.
HE is not responsible for any issues, including the inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective of whether or not the User has availed the services of HE for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

FORCE MAJEURE

There can be exceptional circumstances where HE and/or the Service Providers may be unable to honor the confirmed bookings due to various reasons like an act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, etc. or any other reason beyond the control of HE. If HE has advanced knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide a similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that HE being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third-party platforms such as payment gateways, banks, etc.) or any other similar failures, HE’s obligation shall be limited to refunding the booking amount, if any, received from the customer. Such refund shall completely discharge HE from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall HE be liable for any direct, indirect, punitive, incidental, special, or consequential damages, and any other damages like damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

ADVERTISERS ON HE, AND LINKED WEBSITES

The Website may contain links to third-party websites. HE does not control such websites and is not responsible for their contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and HE shall assume no liability for the same.
HE is not responsible for any errors, omissions, or representations on any of its pages, links, or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
HE does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of HE and hence HE is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. HE is providing these links to the Users only as a convenience.

RIGHT TO REFUSE

HE at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
HE will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to HE under this User Agreement or under applicable law, HE may limit the User's activity, warn other
users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

The User is in breach of this User Agreement; or
HE is unable to verify or authenticate any information provided by the User; or
HE believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of HE, or HE itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with HE with different credentials, or use the Website in any manner whatsoever until such User is reinstated by HE. HE may at any time in its sole discretion reinstate suspended users.
If a User breaches this User Agreement, HE reserves the right to recover any amounts due to be paid by the User to HE, and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to HE which is, or communicate with HE using language or content which is:

abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit, or otherwise objectionable;
contrary to any applicable law;
violates third parties' intellectual property rights;
a spam; or
in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, HE shall be at liberty to take appropriate legal action against the User.

RIGHT TO CANCEL

The User expressly undertakes to provide HE with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from HE.
In case HE discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, HE shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, HE shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, or government authority approaches HE to cancel any booking, HE will cancel the same without approaching the concerned User whose booking has been canceled.
The User shall not hold HE responsible for any loss or damage arising out of measures taken by HE for safeguarding its own interest and that of its genuine customers. This would also include HE denying or canceling any bookings on account of suspected fraud transactions.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

HE’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP, etc. nor will they ever request for a fund transfer to a person or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to the loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately to [email protected].

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless HE, its affiliates, and their respective officers, directors, lawful successors and assigns 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 such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country-specific rules and regulations or general code of conduct and HE cannot be held responsible for the same.

COVID-19 related terms & conditions:

The user agrees that due to the recent outbreak of the COVID-19 pandemic, which has been declared a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:

exhibiting any symptoms associated with COVID 19.
refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms, etc.
the suffering of any ailment making the User vulnerable to the virus
posing a threat to the health and safety of others
not fulfilling Coivd-19 vaccination criteria

In such cases, HE will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by HE to the User subject to receipt of the same from the end service provider. User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments, and statutory bodies have/may come up with a detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.
The User agrees to abide by all such guidelines/SOP while undertaking any travel. Failure to abide by such a detailed set of guidelines/SOP may lead to a situation where the service provider or any person authorized by the Central Government, State Government, or statutory body may disallow the User to undertake the travel. In such circumstances, HE will not be held liable for such refusal to travel, and refund, if any, shall be strict as per the terms of the service provider.
User understands that the Central Government, State Governments, and various other bodies, may mandate providing Covid -19 vaccination status and certificate, downloading of Arogya Setu App, or submitting a self-declaration form prior to entering a transit point like railway station, bus station, ferry jetties, etc. or at the time of checking into a hotel, etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternative such as self-declaration when demanded.
The user undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time including submitting Vaccination status and certificate, negative RT-PCR report, or any other travel-related guideline, especially in case of inbound travel. In this regard, the User may be required to furnish a medical proof or health declaration in an applicable format.

COVID-19 related terms & condition

The user agrees that due to the recent outbreak of the COVID-19 pandemic, which has been declared a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:

exhibiting any symptoms associated with COVID 19.
refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms, etc.
suffering of any ailment making the User vulnerable to the virus
posing a threat to the health and safety of others

submitting a self- declaration form prior to entering a transit point like railway station, bus station, ferry jetties etc. or at the time of checking into a hotel etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.
User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.
The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, HE will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.
User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self-declaration form prior to entering a transit point like railway station, bus station, etc., or at the time of checking, into a hotel, etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternative such as self-declaration when demanded.
The user undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. The user should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in the case of inbound travel. In this regard, the User may be required to furnish a medical proof or health declaration in an applicable format.

UPI-related terms & conditions

HE acts as a Third Party Application Provider (TPAP) under UPI
HE is a TPAP authorized by NPCI to facilitate payments through PSP Bank(s). For this purpose, HDFC Bank shall act as the PSP. HE is a service provider and participates in UPI through the PSP Bank.
Through the agreement entered into between HE, HDFC, and NPCI, HE shall facilitate grievances, and complaints and provide resolution to the customers using our UPI application.
HE shall act as the first point of contact for all UPI-related grievances/ complaints for its UPI customers. In the event the complaint or grievance remains unresolved, the User may escalate the issue to HDFC Bank, followed by the User’s bank (linked to the UPI account) and NPCI thereafter, in the same order. If the User is still dissatisfied, the User may approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.
FAQS

What is NPCI?
National Payments Corporation of India (NPCI) is an authorized payment system operator by RBI. NPCI owns and operates the UPI payment system.
What is PSP bank?
Payment Service Provider (PSP) is the banking company authorized to act as a service provider under the UPI framework. PSP engages the Third Party Application Provider (TPAP) to provide UPI services to the end-user customers.
What is TPAPs?
Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions
What is a Customer’s Bank?
The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.
Who is End User Customer?
The end-user customer is the individual who uses the UPI payment facility to send and receive payments.

General Terms pertaining to the use of UPI
1. NPCI owns and operates the Unified Payments Interface (UPI) platform
2. NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement
3. NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI
4. NPCI provides a safe, secure and efficient UPI system and network
5. NPCI provides online transaction routing, processing and settlement services to members participating in UPI
6. NPCI can, either directly or through a third party, conduct an audit on UPI participants and call for data, information, and records, in relation to their participation in UPI
7. NPCI provides the banks participating in UPI access to the system where they can download reports, raise chargebacks, update the status of UPI transactions, etc.
1. PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers/merchants to make and accept UPI payments
2. PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID.
3. PSP Bank is responsible for authentication of the end-user customer at the time of registration of the such customer, either through its own app or TPAP’s app
4. PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers
5. PSP Bank has to ensure that TPAP and its systems are adequately secure to function on the UPI platform
6. PSP Bank is responsible to ensure that the UPI app and systems of TPAP are audited to safeguard the security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security
7. PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India
8. PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on the UPI platform for linking with the customer’s UPI ID.
9. PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer
1. TPAP is a service provider and participates in UPI through PSP Bank
2. TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI
3. TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform
4. TPAP is responsible to comply with all applicable laws, rules, regulations and guidelines, etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard
5. TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India
6. TPAP is responsible to facilitate RBI, NPCI, and other agencies nominated by RBI/ NPCI, to access the data, information, and systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI
7. TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR, etc.
1. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app/NPCI using the following email : [email protected]

Roles & Responsibilities of NPCI
Roles & responsibilities of PSP Bank
Roles & responsibilities of TPAP
Dispute Redressal Mechanism

NPCI Link https://www.npci.org.in/what-we-do/upi/dispute-redressal-mechanism
End-user customers can select the relevant UPI transaction and raise a complaint in relation thereto
A complaint shall be first raised with the relevant TPAP with respect to all UPI-related grievances/complaints of the end-user customers on-boarded by the PSP Bank / TPAP (if the UPI transaction is made through the TPAP app). In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and/or the Ombudsman for Digital Complaints, as the case may be.
The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions
The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself.

MISCELLANEOUS

SEVERABILITY: If any provision of this User 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 User Agreement shall continue to be in full force and effect.
JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.
AMENDMENT TO THE USER AGREEMENT: HE reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
CONFIDENTIALITY: Any information which is specifically mentioned by HE as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
FEEDBACK FROM CUSTOMER: HE would like to know the feedback of the Users for improving its services. The User hereby authorizes HE to contact the User for their feedback on various services offered by HE. Such feedback may be collected through emails, telephone calls, SMS, or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to HE for specific exclusion at [email protected].
PRIVACY POLICY: The user shall also refer to HE’s Privacy Policy available on HE’s website which governs the use of the Websites. By using the Website, the User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by HE and its affiliates in accordance with the terms of the Privacy Policy.
GRIEVANCE REDRESSAL: HE strongly believes in resolving the issues raised by the User(s). In the event, that the user feels that their concern has not been resolved to its satisfaction, the User may contact our grievance officer, who shall endeavor to redress the concern within 30 working days from the date of escalation. To reach the grievance officer please use this email [email protected] to submit the details. User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 working days from the date of ticket generation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer.

In compliance with the Information Technology Act, 2000 and rules made thereunder and also in compliance with the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:

Name: Mr. Rishabh Nandi ( Director )
Email ID: [email protected]
Address: M/S Winking Brain LLP, 1731, Gurudwara Ln, near Head Post Office, Aberdeen Bazar, Biggie Line, Port Blair, Andaman, and Nicobar Islands 744101

Working hours: Mon to Sat (9:00 to 18:00)