Terms of Use - Smart Bus

Terms of Use.

TERMS & CONDITIONS

A. General

1. These Standard Terms & Conditions (the "Terms") are being displayed on electronic platforms, including, inter alia, ‘www.rideairlift.com’ (the “Website”) and/or ‘mobile applications’ (the “Apps” and collectively with the Website as the “ Platforms”), which Platforms have been developed, and are owned and operated by Airlift Technologies (Pvt.) Limited (the “Airlift).

2. The following two entities (collectively the “Users”) have independently read and understood the Terms, and undertake to be legally bound by them, in the circumstances enumerated herein:-

(a) An individual who is independently registered with the Platform as a ‘Passenger’ and ‘User’ of the Platforms (the “ Passenger(s)”). After interfacing with an ‘Operator’ (as defined hereunder) through the Platforms, the Passenger books an entire vehicle owned by the Operator [which the Operator has registered with and operates through the Platforms, (the “Vehicle(s)”)] and specifies specific seat(s) (as revised by the Passenger, if at all) thereon (the “ Reserved Seats”), for traveling along a one-way course of travel that the Operator offers to ply with her Vehicle, within a defined geographical area and which is made available on the Platforms by the Operators for such temporary period as approved by the Operators and reflected through the Platforms (the “Operator Course”). The Passenger may travel to and from and/or between any set of locations that are available across the entire Operator Course, flagged as such by the Operator and reflected on the Platforms (“Passenger Point(s)”). The Passenger commences her travel by boarding the Vehicle at a specific Passenger Point available and flagged on the Operator Course, which she intimates to the Operator, and, if applicable, may revise to any other Passenger Point available on the Operator Course prior to the Vehicle completing the said Operator Course (the “Boarding Point”). She completes her travel by disembarking the Vehicle at a specific Passenger Point available and flagged on the Operator Course, which she intimates to the Operator, and, if applicable, may revise to any other Passenger Point available on the Operator Course prior to the Vehicle completing the said Operator Course (the “Disembarking Point” and collectively with the Boarding Point as the Passenger Points).

(b) an individual who is independently registered with the Platforms as an ‘Operator’ and User of the Platforms, and is, on account of being authorized therefor at law, responsible for the registration and operation of the Vehicles on and through the Platform, in accordance with these Terms and other applicable terms (the “Operator(s)”). The Operator enables Passengers to book the whole Vehicle for the journey of an Operator Course and travel between any and all Passenger Points on the said Operator Course (the “Passenger Journey”) on Reserved Seats in the said Vehicle, which is driven and plied by the relevant Operator’s employee (the “Drivers”), in accordance with these Terms and other applicable terms.

3. The Users acknowledge, understand and agree that: -

(a) Airlift is not a party to these Terms.

(b) by displaying these Terms on the Platforms and/or otherwise, Airlift does not, as a matter of fact, nor intends to assume or claim any right, interest, responsibility under, of and/or for these Terms, which do not, in fact or law, nor are intended to legally bind, impact or effect Airlift or its operations.

(c) nothing in these Terms is intended to nor does, in fact and in law, confer on either of the Users (independently or collectively), any right to claim and/or institute any proceedings against Airlift, in any circumstances or seek to impose any liability on and/or demand payment of any kind, from Airlift.

(d) Airlift shall not be or made to be held liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Platforms or for any other reasons that may be associated with these Terms.

(e) additionally, Airlift shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damages, liability or losses arising out of: (i) the Passenger’s use of or reliance on the Platforms or her inability to access or use the Platforms; or (ii) any transaction or relationship between the Passengers and any third party provider necessary for the Passenger Journey; or (iii) or for any other reasons that may be associated with these Terms.

(f) Airlift does not provide any form of transportation service or function as a transportation service provider, and that all such transportations services are provided independently by the Operators who are not employed by Airlift, nor operate under the control thereof or of any of its affiliates.

(g) they shall jointly and/or individually, as the case may be, indemnify Airlift, its owners, licensees, affiliates, group companies and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which it may pay, suffer, incur or are liable for, in relation to any act arising or consequence flowing from these Terms, or any violation of any law, rules or regulations applicable thereto.

4. These Terms may be changed, modified and/or amended in writing, only if and to the extent that such change, modification and/or amendment is reflected herein;

5. The Users acknowledge, understand and agree that prior to reading and reviewing these Terms: -

(a) The Operator has temporarily offered, for booking and travel by any Passengers, the whole of her Vehicle (the “Relevant Vehicle”) that she may operate or cause to be operated through and plied by the Driver (the “Relevant Driver”) on a particular Operator Course (the “ Relevant Travel Course”) through the Platform and the seats available on the Relevant Vehicle for occupation by the Passenger (the “ Available Seats”), (the “Operators Terms”).

(b) The Passengers have reviewed the particulars of the Operators Terms through the Platforms, and voluntarily shared with the said relevant Operator (the “Relevant Operator”) all information necessary for her Passenger Journey, including her personal information as a registered User of the Platforms (the “Relevant Passengers User Particulars”) and other information, including inter alia, particulars of the seat(s) that she intends to occupy from amongst the Available Seats (the “ Relevant Seat”) on the Relevant Vehicle that is offered by the Operator to be plied on the Relevant Travel Course between the a specific Boarding Point convenient for the Passenger (the “ Relevant Boarding Point”) and the available Disembarking Point convenient for the Passenger (the “Relevant Disembarking Point” and collectively with the Relevant Boarding Point as the “ Relevant Passenger Points”) that are both located on the Relevant Operator Course (collectively with the Relevant Seat, Relevant Vehicle and Relevant Passenger Points as the “Relevant Reservation Particulars ”).

(c) The Relevant Operator has also intimated to the Passenger through the Platforms, availability of the Relevant Seat for the Passengers occupation, the approximate time when the Relevant Operator expects the Relevant Vehicle to arrive at the Relevant Boarding Point for the Passenger to board the Relevant Vehicle (the “Relevant Boarding Time”), the approximate time at which the Operator expects the Relevant Vehicle to reach the Relevant Disembarking Point for the Passenger to disembark the Relevant Vehicle (the “Relevant Disembarking Time” and collectively with the Relevant Boarding Time as the “Relevant Times”), the approximate duration of her Passenger Journey (the “Relevant Journey Duration”) and the particulars of the Relevant Vehicle’s Driver (the “Relevant Driver Details”) and the Relevant Vehicle (the “ Relevant Vehicle Details”).

(d) The Users have exchanged and processed (as applicable) the afore-sated particulars/information amongst themselves voluntarily and consensually, and the Passenger is willing to book the whole Relevant Vehicle across the Relevant Operator Course and perform her Passenger Journey between the Relevant Passenger Points (as may be revised) in terms thereof, and subject to these Terms (the “Relevant Passenger Journey”).

B. Applicability of the Terms

6. Upon pressing of the ‘Book Now’ button (below) the Users shall have accepted to be legally bound by these Terms (the “Acceptance”).

Provided that the provision to accept these Terms in terms of the Acceptance, shall cease to be available to the Passenger, fifteen (15) minutes prior to the Relevant Boarding Time.

7. The Users unequivocally understand, agree and represent that: -

(a) these Terms are part of a common offer that the Relevant Operator has made to all Passengers registered with the Platforms.

(b) by their respective and sequenced Acceptances, these Passengers execute and become party to a single agreement with Relevant Operator, to use the whole Relevant Vehicle for the entire distance of the Relevant Operator Course and to stop at such Passenger Points requested by the said Passengers and as revised by them, that are available on the Relevant Operator Course (the “Carriage Contract”).

(i) To allow Passengers not party to the Carriage Contract, to become Party thereto on Terms similar to those applicable to the Passenger, such that and till such time that the entire set of seats available in the Relevant Vehicle are occupied and remain occupied till conclusion of the Relevant Operator Course;

(ii) To travel on the Relevant Vehicle with such other Passengers who have, along with the Passenger, become Party to the Carriage Contract, and have booked seats on the Relevant Vehicle other than the Relevant Seats for their respective occupancy (the “Co-Passengers”);

(iii) All Passengers, including the Passenger and the Co-Passengers who are or may subsequently become party to the Carriage Contract (collectively the “Contracting Passengers”) convey, subject to these Terms, their unconditional consent to have the Relevant Operator unilaterally revise and/or change the Relevant Operator Course, Relevant Passenger Points, Relevant Times and the Relevant Driver, or such similar matters relating to the Co-Passengers at any point and as she considers appropriate.

(iv) Subject to these terms, to allow Passengers who have been issued a Seat Reservation Acknowledgement (as defined hereunder), to revise the Relevant Seat(s) she intends to occupy, to such other seat(s) that become available for occupancy in the Relevant Vehicle, on priority.

(v) Subject to these terms, to allow Passengers to change and revise their respective Passenger Points to other Passenger Points available on the Relevant Operator Course, that the Relevant Vehicle has not yet passed, on priority; and

(d) the Carriage Contract shall come to an end upon conclusion of the Relevant Operator Course by the Relevant Vehicle.

(e) upon Acceptance, all Contracting Passengers, shall have entered into and accepted to be bound by the Carriage Contract, and agreed to travel with other all present and subsequent Co-Passengers in accordance with these Terms.

8. These Terms shall exhaustively and exclusively regulate the relationship of and between the Users commencing upon the Acceptance till the Passenger disembarks the Relevant Vehicle at the Relevant Disembarking Point, and do not relate to nor have any binding effect on Airlift.

9. The Users understand and agree that these Terms are intended to and shall also exclusively and exhaustively govern and regulate all rights, liabilities, claims, expenses, loss, damage and/or grievances, irrespective of its nature, of either User, which arise from, relate to or are associated with the Relevant Passenger Journey commencing from the Acceptance till conclusion thereof at the Relevant Disembarking Point.

C. Seat Reservation & Cancellation

10. Upon Acceptance, the Passenger shall have electronically booked for her occupancy and the occupancy of minors (in the capacity of their legal guardian) (the “Minors”), the Relevant Seat(s) in the Relevant Vehicle, for the duration of the Relevant Passenger Journey at the Relevant Times, commencing upon boarding of the Relevant Vehicle at the Relevant Boarding Point till disembarking therefrom at the Relevant Disembarking Point (the “Seat Reservation”).

11. The Seat Reservation shall only be effective if and when the Relevant Operator acknowledges and intimates the same to the Passenger, through the Platforms (the “Seat Reservation Acknowledgement”).

12. The Seat Reservation and Seat Reservation Acknowledgement may be carried out by the Users in such form and manner, as manner as made available by the Relevant Operator on the interface of the Platforms and mutually agreed and reflected in these Terms.

13. Subsequent to the receipt of the Seat Reservation Request: -

(a) the Relevant Operator shall, on priority, inform the Passenger in receipt of her Seat Reservation Acknowledgement, about such seats that subsequently become available for occupancy on the Relevant Vehicle, if any; and

(b) the Passenger may revise her Seat Reservation to such seat as is or subsequently becomes available, for self-occupancy or the occupancy of Minors on the Relevant Vehicle.

Provided that the Passenger shall be informed of such seats and be entitled to make such revisions no later than (03) hours prior the Relevant Boarding Time.

14. Subject to the rights and obligations embodied in these Terms and upon issuance of and pursuant to the Seat Reservation Acknowledgement, the Users agree that: -

(a) The Relevant Operator shall immediately hold the Relevant Seat(s) for the occupancy of the Passenger and/or Minors, as applicable;

(b) The Relevant Operator shall exclusively permit the Passenger and/or Minors to occupy and travel on the Relevant Seat(s) for the duration of the Relevant Passenger Journey till conclusion thereof when the Passenger disembarks the Relevant Vehicle at the Relevant Disembarking Point;

(c) At the time of boarding the Relevant Vehicle, the Passenger shall only be entitled to carry on her person, such inanimate objects that are legally permissible to possess and carry on the Relevant Vehicles, can be easily stored by the Passenger under the Relevant Seat(s), that do not, in the opinion of the Relevant Driver, inconvenience the Co-Passengers and is acceptable to the Relevant Driver (the “Carry-ons”).

Provided that in no circumstances shall the Carry-ons include or be construed to mean any animal, insect, or person, whether dead or alive.

Provided further that the Relevant Operator and/or Relevant Driver may have the Carry-ons removed from the Relevant Vehicle if, in their sole opinion, they appear to be unattended, suspicious or dangerous;

(d) After boarding the Relevant Vehicle, the Passenger shall not act in any manner that is disrespectful of any Passengers, respecting the Seat Reservations of Co Passengers, is not in good faith. Any sort of verbal or physical harassment shall not be tolerated.

(e) After boarding the Relevant Vehicle, the Passenger shall not act in any manner that is contrary or violative of the law; and

(Cl. 9(a) and 9(e), shall collectively be referred to as the “ Seat Reservation Entitlements”)

15. Subject to the rights and obligations embodied in these Terms and notwithstanding the issuance of the Seat Reservation Acknowledgement, the Passenger may cancel her Seat Reservation at any time prior to boarding the Relevant Vehicle (the “Voluntary Seat Cancellation”). In this regard, the Parties further agree that: -

(a) The Passenger shall bear no liability where she carries out Voluntary Seat Cancellation is carried out two (2) hours prior to the Relevant Boarding time; and

(b) Voluntary Seat Cancellation intimated later than two (2) hours prior to the Relevant Boarding Time, shall not affect or compromise such rights of the Relevant Operator, as would have already accrued in favor thereof from the Passenger, upon Acceptance, including, inter alia, her right to the Due Sum (as defined hereunder).

16. The Users agree that at any time after the Acceptance and prior to when the Passenger disembarks the Relevant Vehicle at the Relevant Disembarking Point, the Passenger’s Seat Reservation shall be automatically cancelled, all Seat Reservation Entitlement shall become void and the Passenger shall not be allowed to board the Relevant Vehicle and/or be removed or caused to be removed from the Relevant Vehicle, as the case may be (the “Automatic Reservation Cancellation”), in the following circumstances:-

(a) Where the Passenger does not board the Relevant Vehicle at the Relevant Boarding Time;

(b) Where the Passenger demands entitlements over and above those permitted in terms of the Seat Reservation Entitlements and, pursuant thereto, the Relevant Operator and/or Relevant Driver disallows, in its sole discretion, the Passenger from boarding the Relevant Vehicle and/or removes the same therefrom;

(d) Where, in the sole opinion of the Relevant Operator and/or the Relevant Driver, the Passenger is a demonstrable danger to herself, her Co-Passengers and other individuals within the vicinity of the Relevant Vehicle;

(e) Where, in the sole opinion of the Relevant Operator and/or the Relevant Driver, the Passenger is a demonstrable source of annoyance to her Co-Passengers and other individuals within the vicinity of the Relevant Vehicle;

(f) Where the Passenger acts in any manner that is contrary to or is, in the opinion of the Relevant Operator and/or Relevant Driver, likely to contravene the law;

(g) Where the Passenger attempts to destroy, vandalize or damage and/or cause to be destroyed, vandalized or damaged, any part of the Relevant Vehicle at any time;

(h) Where, in the sole opinion of the Relevant Operator, the Passenger violates these Terms;

(i) Where the Passenger, while physically occupying the Relevant Seat inside the Relevant Vehicle: -

(i) engages in smoking, of any kind, including electronic cigarettes;

(ii) consumes any food, drinks or intoxicants, that are prohibited under the applicable law or hazardous to the health and welfare of the Co-Passengers;

(iii) possesses and/or carries any compressed gasses including, inter alia, refrigerated, flammable, non-flammable, poisonous such as butane oxygen, liquid nitrogen, and compressed gas cylinders;

(iv) possesses and/or carries any explosives, munitions, fireworks and flares, ammunition including blank cartridges handguns, fireworks, and pistol caps; and

(v) possesses and/or carries any objects that can or may be used, intentionally or otherwise, to cause harm and/or damage to the Co-Passengers and any part of the Relevant Vehicle, including sharp objects like knives, weapons, and/or tools.

Provided that the Automatic Reservation Cancellation shall not affect or compromise such rights of the Relevant Operator, as would have already accrued in favor thereof from the Passenger, upon Acceptance, including, inter alia, her right to the Due Sum (as defined hereunder).

17. Notwithstanding anything contained in these Terms and particularly the issuance of the Seat Reservation Acknowledgement, the Relevant Operator reserves the right to unilaterally cancel the Relevant Seat Reservation and the Relevant Passenger Journey on the Relevant Vehicle, without cause and at any time prior to the Passenger boarding the Relevant Vehicle at the Relevant Boarding Point (the “Operators Pre-Boarding Cancellation”).

Provided that in case of Operator Seat Cancellation, the Relevant Operator shall arrange or cause to be arranged an alternative Vehicle, for the Passenger to complete her Relevant Passenger Journey, without any charge or cost to the Passenger, which shall be the sole and exclusive compensation that the Passenger shall be entitled to claim and which she acknowledges as being adequate and sufficient compensation that would be due thereto.

D. The Passenger Journey

18. Subject to these Terms, the Relevant Operator shall make best efforts to ensure that the Relevant Vehicle reaches the Relevant Boarding Point at the Relevant Boarding Time. The Users however acknowledge, understand and agree that: -

(a) the precise time specified to the Passenger as the Relevant Boarding Time at the time of Acceptance (as and if updated subsequently), is intended, understood and agreed as being a mere approximation of the Relevant Operator, which is premised on numerous assumptions and factors that are beyond the control thereof or may constantly change till the Relevant Vehicle actually reaches the Relevant Boarding Point. Consequently, the Relevant Boarding Time may change as and when the assumptions and factors upon which it is based, change, and may continue to change till the Relevant Vehicle actually reaches the Relevant Boarding Point and the Passenger boards the Relevant Vehicle at the Relevant Boarding Point;

(b) under these Terms, the Passenger does not enjoy any right to board the Relevant Vehicle precisely at the Relevant Boarding Time; and

(c) any variance in and/or difference between the Relevant Boarding Time and the actual time when the Passenger actually boards the Relevant Vehicle at the Relevant Boarding Point, shall not nor is therefore intended to create any basis or right in favor of the Passenger to bring any action or claim against the Relevant Operator, Relevant Driver or Airlift.

19. Subject to these Terms, after waiting for the Passenger to board the Relevant Vehicle for one (01) minute after the Relevant Vehicle’s arrival at the Relevant Boarding Point, the Relevant Operator and/or Relevant Driver may, pursuant to and as a consequence of Automatic Reservation Cancellation, continue plying the Relevant Vehicle on the Relevant Operator Course without the Passenger.

20. Subject to these Terms, the Relevant Operator and/or Relevant Driver may, pursuant to and as a consequence of Automatic Reservation Cancellation, disallow the Passenger from boarding the Relevant Vehicle at the Relevant Boarding.

21. Subject to these Terms, after the Passenger has boarded the Relevant Vehicle at the Relevant Boarding Point, the Relevant Operator shall make best efforts to ensure that the Relevant Passenger Journey is completed within the Relevant Journey Duration. The Users however, acknowledge, understand and agree that: -

(a) the precise time specified to the Passenger as the Relevant Journey Duration at the time of Acceptance (as and if updated subsequently), is intended, understood and agreed as being a mere approximation of the Relevant Operator, which is premised on numerous assumptions and factors that are beyond the control thereof or may constantly change till the Relevant Vehicle actually completes the Relevant Passenger Journey. Consequently, the Relevant Journey Duration may change as the assumptions and factors upon which it is based, change, and may continue to change till the Relevant Passenger Journey is actually completed;

(b) under these Terms, the Passenger does not enjoy any right to carry out the Relevant Passenger Journey precisely within the Relevant Journey Duration; and

(c) any variance in and/or difference between the Relevant Journey Duration and the actual time it takes for the Passenger to complete her Relevant Passenger Journey, shall not nor is therefore intended to create any basis or right in favor of the Passenger to bring any action or claim against the Relevant Operator, Relevant Driver or Airlift.

22. Subject to these Terms, the Relevant Operator and/or Relevant Driver may, pursuant to and as a consequence of Automatic Reservation Cancellation, remove the Passenger from the Relevant Vehicle, after she has boarded the same at the Relevant Boarding Point.

23. Notwithstanding anything contained in these Terms, the Relevant Operator reserves the right to unilaterally cancel the Relevant Seat Reservation and the Relevant Passenger Journey on the Relevant Vehicle, and remove the Passenger from the Relevant Vehicle, without cause and at any time prior to the Relevant Vehicle’s arrival at the Relevant Disembarking Point (the “Operator Post-Boarding Cancellation”).

Provided that in case of Operator Post-Boarding Cancellation, the Relevant Operator shall arrange or cause to be arranged an alternative Vehicle, for the Passenger to complete her Relevant Passenger Journey, without any charge or cost to the Passenger, which shall be the sole and exclusive compensation that the Passenger shall be entitled to claim and which she acknowledges as being adequate and sufficient compensation that would be due thereto.

24. Subject to these Terms, the Relevant Operator shall make best efforts to ensure that the Vehicle shall reach the Relevant Disembarking Point at the Relevant Disembarking Time. The Users however, acknowledge, understand and agree that: -

(a) the precise time specified to the Passenger as the Relevant Disembarking Time at the time of Acceptance (as and if updated subsequently) is intended, understood and agreed as being a mere approximation of the Relevant Operator, which is premised on numerous assumptions and factors that are beyond the control thereof or may constantly change till the Relevant Vehicle actually arrives at the Relevant Disembarking Point. Consequently, the Relevant Disembarking Time may change as and if the assumptions and factors, upon which it is based, change, and may continue to change till the Relevant Vehicle actually reaches the Relevant Disembarking Point and the Passenger actually disembarks the Relevant Vehicle at the Relevant Disembarking Point.

(b) under these Terms, the Passenger does not enjoy any right to disembark the Relevant Vehicle at the Relevant Disembarking Point precisely at the Relevant Boarding Time.

(c) any variance in and/or difference between the Relevant Disembarking Time and the actual time when the Passenger actually disembarks the Relevant Vehicle at the Relevant Disembarking Point, shall not nor is intended to therefore, create any basis for the Passenger to bring any action against the Operator, Driver or Airlift.

25. The Passenger shall share her comments, feedback, testimonials and reviews on or about the Relevant Operator and the Relevant Passenger Journey, through the Platforms(“Feedback”). The Passenger acknowledges and permits that the information provided in her Feedback, including the Relevant Passenger User Particulars, Relevant Registration Particulars and particulars of the Relevant Passenger Journey, may be shared with third parties and/or used as the Relevant Operator and/or such third parties find appropriate.

26. Subsequent to the receipt of the Seat Reservation Request and one (01) hour before the Relevant Vehicle reaches the Relevant Passenger Points, the Passenger may revise the Relevant Passenger Points to such other Passenger Points available on the Relevant Operators Course and flagged as such by the Operator.

E. Payment

27. Upon Acceptance, the Passenger shall be obliged to make and the Relevant Operator shall be entitled to receive payment of the amounts shown on the interface of the Platforms, as consideration for and in consideration of the Passenger entering into the Carriage Contract (the “ Due Sums”).

28. In respect of the Due Sums, the Users unequivocally understand and agree to the following: -

(a) The Relevant Operator shall acquire a legal right to be paid and the Passenger shall become legally obliged to make payment of the Due Sums upon and at the time of Acceptance by the Passenger.

(b) The Due Sums are final.

(c) The Passenger shall, both as a matter of fact and law, make payment of all applicable taxes, charges, fees and duties etc. that are payable in respect of the Due Sum. The Relevant Operator shall not be responsible and/or liable for the Passenger’s default in respect of the above.

(d) At the time of Acceptance, the Passenger shall specify, from amongst the available options, the precise electronic mode through which it intends to make payment of the Due Sums (the “Preferred Payment Mode”).

(e) Subsequent to the Acceptance but prior to the issuance of the Seat Reservation Acknowledgement, the Relevant Operator shall have the Due Sum realized, through and in terms of the Preferred Payment Mode (the “ Payment Request”).

(f) Where the Preferred Payment Mode is non-responsive to the Payment Request and/or the Payment Request is denied, the Relevant Operator may request the Passenger to opt for any other electronic mode of payment available on the Platforms. Subsequent thereto, the Passenger may specify, the precise mode through which it intends to make payment of the Due Sums, which shall not, in any event, be the Preferred Payment Mode (the “ Secondary Payment Mode”).

(g) Subsequent to the Passenger’s intimation of the Secondary Payment Mode, the Relevant Operator shall have the Due Sum realized, through and in terms of the Secondary Payment Mode (the “Secondary Payment Request ”).

Provided that the Relevant Operator shall only request the Passenger to opt for a Secondary Payment Mode if there are no less than twenty nine (29) minutes left till the Relevant Boarding Time.

(h) Where the Secondary Payment Mode is non-responsive to the Secondary Payment Request and/or the Secondary Payment Request is denied, the Relevant Operator shall have the same intimated to the Passenger through the Platforms. In such scenario the said Passenger shall not become party to the Carriage Contract, not be entitled to any benefits thereunder and not be issued the Seat Reservation Acknowledgement.

(i) The Relevant Operator shall only have the Seat Reservation Acknowledgement issued through the Platforms, upon receipt of an acknowledgement that either the Preferred Payment Mode and/or Secondary Payment Mode, as the case may be, is responsive to the Payment Request and/or Secondary Payment Request, as the case may be.

(j) Where the it is subsequently learned that the Relevant Operator could not have the Due Sum realized from the Preferred Payment Mode and/or Secondary Payment Mode, as the case may be, the Due Sum shall be recorded, through the Platforms, as an outstanding amount due from the Passenger to the Relevant Operator (the “Outstanding Due Sum”). The Relevant Operator shall exclude the Passenger from receiving any and/or all offers it makes through the Platforms, till it makes payment of the Outstanding Due Sum and/or such sums similar thereto that the Passenger is required to pay Operators other than the Relevant Operators.

(k) Any amount realized by the Relevant Operator, that is subsequently determined to be in excess of what was due thereto, shall be duly recorded through the Platforms, and credited in favor of the Passenger, which she can subsequently use through the Platforms for travel with the Relevant Operator.

F. Force Majeure, Breach and Damages

29. If the Relevant Operator is unable to comply with or violates any of her obligations embodied in these Terms on account of being affected by “force majeure” (which means any circumstances beyond the reasonable control of that Party, including, without limitation, any act of God, riot, strike, mob violence, lock-out or other industrial action), she shall not be deemed to be in breach of these Terms or otherwise be liable to the Passenger for any delay in performance or non-performance of any obligations under these Terms, to the extent that such delay or non-performance is due to force majeure, and the time for performance of that obligation shall be extended accordingly.

30. Subject to these Terms, the Passenger understands, acknowledges, undertakes and warrants that pursuant to these Terms or otherwise, she shall not be entitled to any right, interest, entitlement, objection or claim against the Relevant Operator or Relevant Driver, in respect of seeking any breach, indemnity, damages, loss of business or profit or revenue, loss of time, loss of opportunity, mental agony, suffering, commercial or reputational loss, penalty or any monetary or non-monetary claim of any kind whatsoever, direct, indirect, incidental, consequential, referred to by any nomenclature, in the following circumstances: -

(a) Where the Relevant Vehicle is delayed or fails to arrive at the Relevant Boarding Point at or around the Relevant Boarding Time; or

(b) Where the Relevant Vehicle fails to complete the Relevant Passenger Journey within the Relevant Journey Duration.

(c) Where the Relevant Vehicle is delayed or fails to arrive at the Relevant Disembarking Point at or around the Relevant Disembarking Time;

(d) Where the Relevant Operator retracts the offer to have the Passenger travel on the Relevant Operator Course on the Relevant Vehicle, prior to the Acceptance;

(e) Where the Relevant Operator revises and/or changes Relevant Operator Course, Relevant Passenger Points, Relevant Times and the Relevant Driver, at any time; or

(f) Where the Passenger claims to have lost any item, belonging or luggage in the Vehicle during the Ride.

31. In any event, any and all damages payable by one User to the other shall not exceed the amount of the Due Sum.

F. Representations, warranties and undertakings

32. The Relevant Operator represents that: -

(a) She is duly registered as a User of the Platforms.

(b) She is legally entitled to offer these Terms on the Platforms and execute the Carriage Contract;

(d) The Relevant Driver is an adult who is duly licensed by the competent authorities to drive the Relevant Vehicle, and who has been cleared a background check that the Relevant Operator has had conducted by licensed third parties against the information shared by the Relevant Driver;

(e) The Relevant Vehicle has been granted the requisite approvals/licenses/permits to be plied on the Relevant Travel Courses, through the Platforms;

33. The Passenger represents that: -

(a) She is duly registered as a User with the Platforms.

(b) She is legally entitled to accept these Terms on the Platforms and execute the Carriage Contract;

(d) She shall be exclusively responsible for the Carry-ons, and shall not hold the Relevant Operator responsible for any loss and damage to and theft of the same.

(e) She shall remain seated peacefully on the Relevant Seat, maintain proper decorum, respect privacy of her Co-Passengers, and not stand/walk in the aisle of the Relevant Vehicle, unless and until it reaches the Relevant Disembarking Point.

(f) She shall be dressed appropriate and/or in decent clothes.

(g) She shall not create or cause to be created any nuisance, disturbance (whether by words spoken or written or by gestures and moves) for the Relevant Driver and/or Co-Passengers, such as making unnecessary noises, or speaking, singing or playing music aloud, or disturbing co-passengers, or making derogatory, defamatory, hateful, ethnic, religious, racial, sexist, controversial, threatening, indecent or provocative remarks, or stalking, or hurting, or harassing, or eave-teasing, or taking photographs of Co-Passengers, or playing/displaying obscene content on electronic mobile devices, or smoking, eating or drinking or spraying offensive odors etc.

(h) She shall not sell any items while physically present on the Relevant Vehicle.

(i) comply with all the applicable provisions of these Terms.

G. Dispute Resolution

34. The Users agree that any dispute, difference of opinion or claim arising out of or relating to the Carriage Contract, including these Terms, or breach or the validity thereof (the “Dispute”), shall firstly be attempted to be settled amicably by the Users. However if the Dispute remains unresolved for a period of thirty (30) days, the same shall be referred to arbitration under a panel of three arbitrators. Each User shall be entitled to elect an arbitrator and the elected arbitrators’ shall then elect an umpire. The arbitration proceedings shall be made in accordance with the Arbitration Act, 1940. The seat of arbitration shall be Lahore and the language of arbitration shall be English.

H. Miscellaneous

35. If any provisions of these Terms are determined to be invalid by any competent forum having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

36. These Terms shall be governed by and interpreted and construed in accordance with the laws of Pakistan.

37. These Terms constitute the entire understanding between the Users and supersedes all previous oral and written representations, agreements or arrangements between them, if any.

38. Waiver by any User of any breach of these Terms by the other User, shall only be in made writing. No Waiver shall not be deemed a waiver of any prior or subsequent breach hereof.