Terms & conditions

SERVICE – USER TERMS AND CONDITIONS

The information available on the website www.vivaholidaystour.com is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms and conditions (Service-User terms) apply on the usage of our website www.vivaholidaystour.com, smart phone vivaholidaystour.com application as well as to all information, recommendations and/or services provided to the guest on or through the website, the application or through the Customer Care. The terms and conditions mentioned in this contract along with the Privacy Policy constitute the entire contract between the user(s) and Vivacabs with respect to access and use of the website / application and the services offered by Vivacabs, superseding any prior written or oral contracts in relation to the same subject matter herein. All the trade marks, brand names and other proprietary material displayed on the www.vivaholidaystour.com.com website is the ownership of the respective owners and Vivacabs does not claim any right in such intellectual property.

CONTRACTUAL RELATIONSHIP

Vivacabs is an enabling platform for a consumer to connect with a third party, independent drivers or vehicle operators; herein after referred to as the Transport Service Provider also  referred as TSP. Once TSP accepts a request, customer is notified with the details of TSP through Email/SMS/Whatsapp/in-app notifications.

Vivacabs shall do all the reasonable efforts to connect the guest with a TSP and the same, are subject to the availability of TSPs in or around guest’s location at the moment of request for transportation services.

By using this website and/or mobile application or user of the service through the customer care you hereby acknowledges that (Vivacabs) is not a transport services provider. It is up to the TSP to offer transportation services, which may be requested through the use of the website, application or customer care. Vivacabs only acts as an intermediary between guest and the TSP.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization in India or in other countries, uses and has the right to use the services provided by Vivacabs. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law.

USER ACCOUNTS, OFFERS AND PROMOTIONS

Vivacabs collects general user data including name, email ID, contact details etc. to facilitate services. By agreeing to use our services the Guest/User warrants that all information provided by the user is correct & accurate. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.

By agreeing to use our services the Guest/User agrees and acknowledges that the personal data of Guest/User is used by us among other things to provide car hire services, and for purposes of safety and security, customer support, research and development, enabling communication between users, and in connection with legal proceedings and requirements. Guest User data will be shared with TSPs and other third parties for the said purposes. To submit questions, comments or complaints regarding Guest/User data, or to submit requests regarding such data, please contact the support team of Vivacabs through registered email Id or phone number.

Viva Holidays Tours and Travels reserves the right to make changes to the Vivacabs tools in a way, at any time, that are appropriate for the user, so as to further develop and improve its quality. In addition, Vivacabs reserves the right to, with good cause, temporarily or permanently discontinue its offers and promotions through the Vivacabs tools, even without the user being informed personally of this.

CAB USAGE TERMS AND CONDITIONS

• The customer shall pay the taxi fare, parking charges, any additional charges/fee including night charges (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi services.
• The customer agrees and accepts that the use of the services provided by Vivacabs is at the sole risk of the customer, and further acknowledges that Vivacabs disclaims all representations and warranties of any kind, whether express or implied by any third party including TSPs.
• The client(s) will ensure no more than the seating capacity in the taxi will be boarding the cab as prescribed by the government of India law.
• Vivacabs endeavors to provide timely, secure and error-free services.
• Vivacabs shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the customer, either arising out of the use of taxi service offered by company or due to the failure of company to provide services to the customer for any reason whatsoever including the customer's non-compliance with the instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of company or any person or any organization involved in the above mentioned systems.
• Vivacabs will not be liable for any damages of any kind arising from the use of the service offered by Vivacabs, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
• If any passenger misses the train or flight or bus, company will not be liable for any compensation, only customer is responsible for managing his trip/travel timely. The customer shall make an alternate arrangement if the cab has not reached due to any reason.
• The customer indemnifies company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the customer and shall pay such sums on demand on Vivacabs.
• Vivacabs shall be entitled at any time, without giving any reason, to cancel or change the booking of a vehicle  booked by the customer.
• Vivacabs encourages all its customers to take full responsibility of his/her items. In case of lost items inside the taxi/cab during the journey, company will try to locate the items on a "best-effort" basis but is not responsible  in case of loss or damage to the same.
• If the customer leaves any goods in the taxi or has any complaint in respect of the services or the use of the taxi, the customer has to inform company of the same through registered phone number or email   within 12 hours of using the taxi or the services of the company.
• Vivacabs shall not be liable for any conduct of the drivers of the taxis. However, Vivacabs encourages you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using Vivacabs services.
• Vivacabs shall be entitled to add, vary or amend any or all these terms and conditions at any time and the customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at company's website at www.vivaholidaystour.com and/or mobile application on the date that company may indicate that such addition, variation or amendment is to come into effect.
• It is expressly made clear to you hereby that Vivacabs does not own any taxis nor does it directly or indirectly employ any drivers for the taxis. Taxis and drivers are all supplied by third parties and Vivacabs disclaims any and all liability in respect of the drivers and the taxis alike.
• Vivacabs has right to use the customer contact information for marketing purposes. Vivacabs may send regular  updates to the registered  email and phone number.

• Any modifications/amendments to the booking are allowed subject to corresponding/additional changes in the Charges subject to acceptance by Vivacabs/TSP.

GENERAL CUSTOMER BEHAVIOUR WHILE USING TRANSPORT SERVICES VIA TRANSPORT SERVICE PROVIDER (TSP)

The following behavioral standards apply to the user when using the transport services.

During the entirety of the ride, all guests must follow the rules/regulations which apply as per relevant laws as applicable from time to time, especially the seatbelt regulations etc. . Any instructions given by the transport service provider(TSP) must be followed. General safety protocols must be followed by Guests/Users like not to open the doors while journey, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the user wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP.

Smoking/Alcohol is prohibited by the guest/user inside the vehicle. If the user, or guest, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Vivacabs and its users and partners; while we try to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk or you may confirm with Vivacabs by making a call to us.

Vivavabs disclaims all warranties of merchantability, relating to the information and description of the cab/taxi, car rental or any other product or service displayed on this website (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers/operators. Car or any other ratings displayed on this website are intended as only general guidelines, and Vivavabs affiliates and their respective suppliers do not guarantee the accuracy of the ratings. Vivacabs, its Affiliates and their respective suppliers make no guarantees about the availability of specific products and services.

You also acknowledge that through this site, Vivacabs merely provides intermediary services in order to facilitate high quality services to you. Vivacabs is not the last-mile service provider to you and therefore, Vivacabs shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (taxi/car rental operator, travel/tour operator or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this site. Vivacabs, its affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, and fitness for a particular purpose, title, and non-infringement.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you might be able to link to other websites which are not under the control of Vivacabs. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Vivacabs takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

REFUNDS

If you are eligible for refunds based on the “Cancellation and Returns” policy, then Vivacabs will endeavor to remit refund back to you in 21 working days. In case of any issues, write to us at  booking@vivaholidaystour.com  or call us at +91 9540112211.