Terms and Conditions for Passengers
These General Terms and
Conditions establish the terms and conditions that apply to and regulate the
use of the BRAJ Savaari application – technology that connects passengers with
companies and independent taxi drivers (also referred to jointly as “ drivers ”)
to help them move around cities more efficiently.
To use the BRAJ Savaari
application you must accept the terms and conditions set out below, as well as
any other terms and policies of BRAJ Savaari that are published at https://savaari.rysrglobal.com/ and that will apply to
additional services or will govern your conduct on the platform for the
relevant market in question:
1. Using
the BRAJ Savaari Application
1.1 BRAJ Savaari offers an
information society service through the BRAJ Savaari application that allows
the mediation of requests for Transportation Services between passengers and
Suppliers.
To avoid confusion, BRAJ Savaari
does not directly provide Transportation Services. Transportation Services are
provided by Suppliers under a contract (with you) for the transportation of
passengers. Suppliers perform Transportation Services independently (either in
person or as part of a company) as a professional and economical service
provider. BRAJ Savaari is in no way responsible for the fulfillment of the
contract between the passenger (you) and the Supplier. Any disputes arising
from consumer rights, legal obligations or application of the Law on
Transportation Services will be resolved between the passengers and the
Suppliers.
1.2. The passenger (you) enters
into a contract with the Provider for the provision of Transportation Services
through the BRAJ Savaari application. Depending on the payment options
supported for the location of the trip, you can choose to pay the Provider for
the Transportation Services in cash or use the payment system integrated into
the BRAJ Savaari application.
1.3. During the installation of
the BRAJ Savaari application, the passenger's phone number is linked to the
respective BRAJ Savaari user account and added to our database. If you no
longer use the phone number, you must notify BRAJ Savaari within 7 days so that
we can anonymize your account information. If you do not notify us of any
change in your number, your telephone operator may give the same phone number
to a new person who, by using BRAJ Savaari, would have access to your data.
2.
Promotional Codes
2.1. BRAJ Savaari may send you
promotional codes for each promotion. The credit for the Promotional Code may
be applied towards a full trip or other features or benefits related to the
Service and/or the third party service and are subject to any additional terms
and conditions established by each Promotional Code. The expiration dates of
the Promotional Codes will be reflected in the application once you have
applied the code to your account.
2.2. If your trip exceeds the
credit associated with the route, the difference will be automatically deducted
through the payment system established in your account. Likewise, the
promotional code credit only applies to a single trip and, therefore, cannot be
extended to other routes in the event of a surplus. Only one promotional code
can be applied per route.
2.3. BRAJ Savaari reserves the
right to cancel any promotional code at any time and for any reason. This
includes, but is not limited to, if BRAJ Savaari believes that the codes are
being used unlawfully or fraudulently, those issued in error, and those that
have expired.
3. Payment
system integrated into the BRAJ Savaari application
3.1. Depending on the payment
options supported at each trip location, you may be able to pay for the
Transportation Services by card using a dataphone or in cash, the invoice or
receipt will have to be requested at the time of the service when and as available
through the BRAJ Savaari application. By providing the payment system
integrated into the BRAJ Savaari application, BRAJ Savaari acts as a commercial
agent for the Transportation Service Providers. Each Provider has authorized BRAJ
Savaari to be its commercial agent for the mediation of the conclusion of
contracts between passengers and Providers, including the ability to accept
payments from passengers and forward them to the Provider. Your obligation to
the Transportation Service Provider will be completed when a payment order is
given to transfer the funds to the BRAJ Savaari account. You, as a passenger,
are responsible for ensuring that the payment takes place and that you have
sufficient funds available.
3.3. When making payments
through the payment system integrated into the BRAJ Savaari app, BRAJ Savaari
receives your payments and forwards the money to the Provider. Please note that
additional information may be requested to verify the payment method.
3.4. When making payments for
Transportation Services through the BRAJ Savaari in-app payment system, BRAJ
Savaari is not responsible for any payment costs charged by third parties (e.g.
mobile operators, bank fees). These service providers may charge you additional
fees when processing payments related to the BRAJ Savaari in-app payment
system. BRAJ Savaari is not responsible for such fees and is exempt from
liability in this regard. Your payment method may also be subject to additional
terms and conditions and conditions imposed by third party service providers;
please review these terms and conditions before using your payment method.
3.5. BRAJ Savaari will be
responsible for the operation of the payment system integrated into the BRAJ
Savaari application and will provide support in resolving its problems.
Disputes regarding the payment system integrated into the BRAJ Savaari
application will be resolved through us. For payment service support, please
contact: [email protected] . Questions sent by e-mail
will be answered within seven business days. BRAJ Savaari will resolve
complaints and questions regarding the payment system integrated into the BRAJ
Savaari application within fifteen business days.
4. Request
and cancellation of Transportation Services
4.1. If you request a
Transportation Service and the Provider agrees to carry out the service, the
Transportation Service will be considered requested from the moment the
Passenger receives notice through the BRAJ Savaari application that the
Transportation Service has been accepted by the Provider.
4.2. Where the Supplier confirms
that he/she will complete your trip, you will enter into a separate agreement
with the Supplier for the completion of the trip on the terms agreed between
you and the Supplier. BRAJ Savaari does not provide trips and is not a party to
your agreement with the relevant Supplier.
4.3. Cancellation of a Transport
Service already requested means a situation where the Provider has responded to
your request and you subsequently reject, cancel or deny the Transport Service.
When a Transport Service is cancelled after a certain time has elapsed, you
will be required to pay a cancellation fee.
4.4. If you cancel multiple
requested Transportation Services in succession, we may temporarily block your
account as a warning. We may also suspend your account for a longer period
(e.g. 6 months) if the behavior continues. After this period you will be able
to reactivate your account and the request will be reviewed by BRAJ Savaari.
4.5. When a Provider notifies
the passenger of the arrival of the vehicle at their destination and the
passenger or persons for whom the transport was requested do not arrive at the
vehicle after a period of time established in the BRAJ Savaari application, the
request will be deemed cancelled. Occasionally, the Provider may decide to
cancel your request, please note that BRAJ Savaari is not responsible for such
situations.
4.6. Once the Provider arrives
and sends you a notification that he/she has arrived, the BRAJ Savaari
application may begin charging a fee for the wait according to the rates
specified in the BRAJ Savaari application.
4.7. If you have requested a
Transport Service using the BRAJ Savaari application and you cause damage to
the Provider's vehicle or its services (including by soiling the upholstery or
staining it so that it smells bad), the Provider shall have the right to
require you to pay a penalty of 50 Euros and to require compensation for
damages in excess of this penalty, caused by you or the persons to whom you
have given access to the vehicle. If you do not pay the penalty/or compensate
for the damage, BRAJ Savaari may initiate access blocks to your account.
5. License
to use the BRAJ Savaari application
5.1. As long as you comply with
these General Terms and Conditions, we grant you a free, revocable,
non-exclusive license to access and use the BRAJ Savaari application in
accordance with these General Terms and Conditions, the Privacy Policy and the
terms of the application store. You may not transfer or sublicense this right
to use the BRAJ Savaari application. In the event that your right to use the BRAJ
Savaari application is terminated, the corresponding non-exclusive license will
also be terminated.
6.
Responsibility
6.1. BRAJ Savaari is a provider
of information society services (a means of communication) between passengers
and Suppliers, we cannot guarantee or accept any liability for the quality or
absence of defects in the provision of the Transport Services. The use of the BRAJ
Savaari application to request Transport Services depends on the behaviour of
the Suppliers, and BRAJ Savaari will not guarantee that there will always be
offers available for the provision of the Transport Service.
6.2. The BRAJ Savaari
application does not offer or negotiate Transportation Services for its
passengers. It is also not a transportation agency for finding passengers for
Suppliers. The BRAJ Savaari application is used as an organizational means of
providing Transportation Services.
6.3. The right to a refund will
not apply to requests made through the BRAJ Savaari application. Requesting a
refund for a Transport Service does not release you from the agreement under
which the Transport Service was provided and requested.
6.4. The BRAJ Savaari App is
provided on an “as is” and “as available” basis. BRAJ Savaari does not promise,
guarantee or warrant that access to the BRAJ Savaari App will be uninterrupted
or error-free. In the event of software failures, we will try to correct them
as soon as possible, but please note that use of the App may be restricted due
to occasional technical errors and we cannot guarantee that the App will work
at all times, for example, a public emergency may result in service
interruption.
6.5. Nothing in these Terms and
Conditions limits or excludes any liability that cannot be lawfully limited or
excluded, including liability for death or personal injury caused by
negligence, liability for fraud or fraudulent misrepresentation or any breach
of your rights as a consumer that cannot be excluded under applicable law.
6.6. BRAJ Savaari is not
responsible:
· For damages or losses arising
from any transaction between you and a third party Provider; or
· For the availability and
accuracy of third party content, products or services.
· For delays or failures in
performance resulting from causes beyond our reasonable control.
6.7. Additionally, BRAJ Savaari,
its representatives, directors and employees are not responsible for any damage
or loss that may occur as a result of the use of the BRAJ Savaari application
or derived from the trip contracted through the BRAJ Savaari application,
including, but not limited to:
6.7.1. Any direct or indirect
damage to property or monetary loss.
6.7.2. Loss of profits.
6.7.3. Loss of business,
contracts, contacts, goodwill, reputation and any loss that may arise from the
interruption of services.
6.7.4. Loss or inaccuracy of
data.
6.7.5. Any other type of loss or
damage.
6.8. BRAJ Savaari's financial
liability in connection with a breach of contract shall be limited to 5 Euros.
You have the right to claim damages only if BRAJ Savaari has deliberately
breached the contract. BRAJ Savaari shall not be liable for the Provider's
actions or inactions, and shall not be liable for any damages caused by the
Provider to passengers.
6.9. You agree to fully
indemnify and hold BRAJ Savaari, its affiliated companies, agents, employees
and directors harmless from any and all claims for damages (including
liability, damages, costs and losses of any nature) suffered by them as a
result of your use of the BRAJ Savaari application (including any rides you
obtain through the use of the BRAJ Savaari application).
6.10. BRAJ Savaari may
immediately terminate your use of the BRAJ Savaari App if you breach these
General Terms and Conditions or we deem it necessary to do so in order to
protect the integrity of BRAJ Savaari or the security of its Providers, as
described in applicable community standards.
7. Good
practices using the BRAJ Savaari application
7.1. Since BRAJ Savaari is not a
provider and does not negotiate the Transportation Services, any problems with
defects or quality of the Transportation Services will be resolved in
accordance with the rules and regulations of the competent public authority or
the Transportation Service Provider.
7.2. We request that you fill
out a quality questionnaire in the BRAJ Savaari application. This allows us to
offer suggestions to Suppliers to improve the quality of the service.
7.3. We expect that your use of
the BRAJ Savaari app will be in good faith and respectful of the Providers who
offer their services through the BRAJ Savaari app. BRAJ Savaari reserves the
right to close your account if you have violated the terms set out in these
General Terms and Conditions or if your actions are malicious (e.g. withholding
payment for the provision of the Transport Service, fraud, being disrespectful
to Providers, etc.) or are not in line with applicable community standards. In
these cases, your account on the BRAJ Savaari app may be revoked or suspended
without prior notice.
7.4. BRAJ Savaari will make
every effort to ensure that only Providers who have integrity and are
respectful of their profession and passengers use the BRAJ Savaari app.
However, we cannot guarantee that every Transport Service Provider on the BRAJ
Savaari app will meet the above criteria at all times. If you experience
questionable Transport Service, please notify the company responsible for the
service, a supervisory authority or our customer support.
8.
Modifications to the Terms and Conditions
8.1. If any changes are made to
these General Terms and Conditions, we will notify you by email or through
notifications in the BRAJ Savaari application. If you continue to use the BRAJ
Savaari application, you will be deemed to have accepted such changes.
9. Final
Provisions
These General Terms and
Conditions are drafted in accordance with the provisions of Indian law. If a
dispute arising from these General Terms and Conditions cannot be resolved
through negotiations, the dispute will be resolved before the courts of Uttar
Pradesh and under the law of India, except in those matters where due to a
legal provision this is not possible and must be resolved in the forum of the
Passenger's domicile.
If any clause of these General
Terms and Conditions should prove to be unenforceable or declared void, the
parties shall replace the affected clause with another with a spirit and
economic effect similar to that of the affected clause.