Introduction and Scope of Services:
Ooty Cabs and its subsidiaries (together “Travel2ooty”) provide an online platform with technology for Travelers, Members and Operators to meet online, enter contests, write reviews, search, compare and book tours, cruises and other types of activities (“Tours”). Tours are booked directly from the respective independent tour operator offering the Tour (each an “Operator”). The “Travelers” are travelers interested in booking a Tour. The “Members” are persons who completed Ooty Cabs account registration process. Travelers and Members are jointly referred to as “you”.
The “Services” comprise listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.ooty cabs.com including its subpages (collectively, the “Site”) and any related applications (the “Application”).
Ooty Cabs has no control over the conduct of Operators, Travelers, MEMBERS and other users of the Services. Ooty CabsCANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. Ooty Cabs IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELER’S OWN RISK.
Applicability
These terms and conditions (“Terms”), as amended from time to time, apply to all Ooty Cabs Services and govern the rights and obligations arising out of the Traveler’s use of the Platform. For Travelers with a place of residence or business outside of Canada, Australia, European Economic Area (“EEA”) and the United Kingdom, the license agreement with Ooty Cabs is subject to these Terms of Use for US Users. For Travelers with a place of residence or business in the European Economic Area (“EEA”) or the United Kingdom, the use of the Platform is subject to the European Terms of Use. For Travelers with a place of residence or business in Australia, the use of the Platform is subject to the Australian Terms of Use. For Travelers with a place of residence or business in Canada, the use of the Platform is subject to the Canadian Terms of Use. By accessing, browsing or using the Site, Application and Services through whatever platform, you agree to comply with and be legally bound by these terms Irrespective of a registration or certain use or way of access. These Terms govern your access to and use of the Site, Application and Services and all Content (as defined below) vis-à-vis Ooty Cabs and, where applicable, the Operators. Please carefully read these Terms and also the Privacy Policy and the Legal Notice, each of which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application and Services. If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete, and accurate. Furthermore, you also confirm that the Traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Eligibility
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.
Privacy
Ooty Cabs Privacy Policy applies. Please see them for information and notices concerning Ooty Cabs collection and use of your personal information.
Member Registration
As a member, you can choose to complete your online profile by providing us with travel preferences, frequent – traveller or affinity numbers, credit card billing information, paper ticket delivery address, and other Personal Information. This information is primarily used to assist you in making reservations quickly without having to type in the same information repeatedly. For example, you can store your airline frequent – flyer numbers so that when your make a reservation on that airline, we may automatically pre – fill the frequent – flyer number input box for you.
Bookings and Payments
Bookings by Travelers with Operators
The respective Operator only, and not Ooty Cabs, is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Tours reserved through the Services. The Operator is also responsible to provide all information legally required to the Traveler. If you, as a Traveler, choose to enter into a transaction with an Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Operator and will receive necessary information from the Operator only. You acknowledge and agree that Ooty Cabs is no party to the agreement but only acts as the commercial agent to the Operator and Ooty Cabsaccepts no liability arising from or related to any of your agreements with the Operator unless Ooty Cabs is legally obliged to do so or to fulfil certain information and security obligations towards the Traveler. The Operators are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by Ooty Cabs in its sole discretion) or the requested booking will be automatically cancelled. Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking.
Payments by Travelers
You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Operator. The availability and price of a Tour can change any time until you have received a booking confirmation. In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Operator’s terms according to the booking page. Ooty Cabs in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Operator as its commercial agent. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
Bank and Credit Card Fees:
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Ooty Cabs may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Cancellations and Refunds
Traveler Cancellations and Refunds
if:
the applicable Operator does not confirm the requested booking, or,
as a Traveler, you cancel your requested booking before the requested booking is confirmed by an Operator, any amounts collected by Ooty Cabs or its third-party payment processor will be refunded to the Traveler within a commercially reasonable time, depending on the selections the Traveler made via the Site and Application, and any pre-authorization of such Traveler’s credit/debit card will be released.
Once your booking is confirmed by the applicable Operator, the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator. Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Operator. A cancellation must be done via your booking conversation page.
If you are advised that your booking is on an ‘on request’ basis (which is typically the case for tours booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator from the moment when you have submitted the booking request. When a tour is ‘on request’ the Operator needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. So, if the request comes back approved you will be charged for the full amount, and if, as a Traveler, you cancel such a booking, this does not entitle you to any refund. If the Operator cannot confirm your request, you will receive a full refund.
Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveler within a commercially reasonable time of the cancellation by the Operator and the Traveler may receive an email or other communication from Ooty Cabs containing non-binding suggestions for alternative Listings and other related information. If an Operator cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Ooty Cabs , please contact Ooty Cabs at [email protected].
Ooty Cabs Rewards Programs
Friends with Benefits I
f applicable, Ooty Cabs Friends with Benefits program allows you as a Traveler to earn Ooty Cabs travel credits for friends who are not currently Ooty Cabs members and who have never booked a tour with Ooty Cabs (the “New User”) you refer that make a qualified booking with Ooty Cabs. Members of Ooty Cab affiliate program may not simultaneously collect travel credits via your invite link. To accumulate and redeem travel credits you must maintain a Ooty Cabs account in good standing. To earn travel credits, refer New Users by sending them your personal invite link, available in your member’s area on the Site. You may also share your unique invite link via email and social media to friends and family. You may not share your personal link on public forums or coupon sites. If you do this, it is a violation of this Agreement and Ooty Cabs may terminate your account. You will then forfeit all credits in your account. Ooty Cabs reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
If the New User clicks your unique invite link (or enters your invite code) and books directly with Ooty Cabs using your indicated discount (unless otherwise stated 5 %), Ooty Cabs will deposit the indicated amount (unless otherwise stated 5 %) of your friend’s tour value on the day your friend books the tour, to your Ooty Cabs Account. You must be signed in to your Ooty Cabs account to use your travel credits. These credits can be used to book any tour through Ooty Cabs. Travel credits are non-refundable. Upon cancellation of a tour by the Traveler, any credits used for the booking will not be refunded.
Ooty Cabs reserves the right at any time to modify or discontinue the Friends with Benefits program either temporarily or permanently (or any part thereof) with or without notice. Ooty Cabs will not be liable to you in the event of any modification, suspension or discontinuance of this program. Travel credits are not redeemable for cash or equivalents. Ooty Cabs promo codes and travel credits cannot be applied on existing confirmed bookings.
Should you choose to cancel your Ooty Cabs membership, any travel credits you have at the time will not be refundable.
Promo Codes
Ooty Cabs may in its sole discretion offer promo codes from time to time and unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings for tours and on the same basis as outlined above for the Friends with Benefits program. Only one promo code can be redeemed per booking and they may not be combined with travel credits.
Disclaimer
If you choose to use the Services, you do so at your sole risk. Ooty Cabsdoes not have an obligation to conduct checks on any Travelers, Operators, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided “as is”, without warranty of any kind. In particular, Ooty Cabs makes no warranty regarding the quality of any Listings, Tours, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from Ooty Cabs.
Without limiting the foregoing, Ooty Cabsis not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Tours and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Listings and the Tour. Ooty Cabs is not a (re)seller of the Tour. Complaints or claims in respect of the Tour are to be dealt with by the Operator. Ooty Cabs is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. Ooty Cabs explicitly disclaims all liability for any act or omission of any Traveler or other third party.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by Ooty Cabs. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Ooty Cabs (whether through this site or call center), even if advised of the possibility of such damages.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online remains with you. Ooty Cabs shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of Ooty Cabs obligations in respect to the Services, up to the maximum amounts specified herein. Neither Ooty Cabs nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Operator as made available, (c) the services rendered or the products offered by the Operators or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services. Ooty Cabs has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event will Ooty Cabs aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Ooty Cabs and you.
Modifications
Ooty Cabs reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
