Terms and Conditions
Topies
The Services are provided by Dura Cabs Services (hereinafter referred to as "Dura" or "Duracabs"), located at Uttar Pradesh Agra 282001. Please read these terms carefully. By using our services, you are agreeing to all terms & conditions set forth. In this agreement, the words "including" and "include" mean "including, but not limited to."
DEFINITIONS
DURAcabs or DURA is a technology company that makes available a platform for matchmaking "consumers" seeking travel services from and to various destinations across India with "providers" who can provide such travel services. The services are delivered by the providers and DURA acts simply as marketplace platform. In this agreement, the words “we”, “us” or “our” mean “DURA Cabs”. Services – DURA engages in the business of provision of tour and travel related services through it's platform. Collectively these are referred to as Services. Platform - DURA engages in the business of provision of tour and travel related services through its various platforms, including its website(s), communication systems like phone or SMS, customer service & call centers, customer and vendor management systems, support ticketing systems and across its web and mobile applications. Collectively, these ways of enabling our services are referred to as the DURA Platform. Consumer, Customer or You – An individual or organization that seeks services delivered by independent third-party Operators through the DURA Platform. Such an individual or organization is a consumer on the DURA Platform. A customer seeks services either for their own use or use by another. However, a customer may or may not be the traveller (actual user of the service). In this agreement, the words “you”, “your” mean the “Consumer”. Provider, Provider Partner or Third Party Provider – An individual or organization that operates as an independent third-party and uses or interacts with the DURA technology platform to receive marketing leads for consumers that can avail of the provider's service or product. A provider or Provider Partner is an independent third-party who has a contractual relationship with DURA.
ELECTRONIC COMMUNICATIONS
When you use the DURA Platform or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the DURA platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USING OUR SERVICES
You must follow any policies made available to you within our Services. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. Some of our offered services have additional terms & conditions that apply. Those terms & conditions are listed separately and apply to your use of such services. If at anytime, if the terms listed between those additional terms & the terms listed in this document seem to overlap, then the terms that are more specific, more restrictive in scope or more directly applicable to the use-scenario shall be applicable. When you use the DURA Platform or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the DURA platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECURITY ADVISORIES
We take customer and driver safety seriously. Customer's pickup and drop address must be a valid residential, commercial (office, hotel, shopping mall, markets etc.) or public places (railway stations, airports, bus depots or any other known landmarks). Any isolated area where driver safety may be a concern shall not be considered as a valid pickup address. The Driver reserves the right to refuse a pickup from such location which he deems to be unsafe. The customer shall be required to select a valid and acceptable pickup point in such a case. We advise and encourage the customers to verify the identity of the driver before the trip begins to confirm if they are travelling with the same person as assigned by DURA. We also urge our customers to verify the license plate of the car and confirm if they are commercial (yellow plated) and matches the details provided by DURA. Similarly, the driver may seek customer's identification proof to ensure that he is picking the right person(s) for the trip. Considering safety of both Customer and Driver in mind, we usually do not allow a Driver to drive continuously for more than 6 hours at a stretch to avoid Driver fatigue and encourage change of Driver and if required, vehicle from major break points in the journey.
OUR PLATFORM AND ITS CONTENTS
The contents on our platform is for your general information and use only. It is subject to change without prior notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that you understand the terms listed on your booking confirmation emails, invoices and that the use of any products, services or information made available through our platform meet your specific requirements.
YOUR DURA ACCOUNT
To protect your DURA Account, keep your password confidential. You may need a DURA Account in order to use our Services. You may create your own DURA Account, or your DURA Account may be assigned to you by an administrator, such as a call center representative at the time of creation of a reservation by phone. If you are using a DURA Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. You are responsible for the activity that happens on or through your DURA Account. Try not to reuse your DURA Account password on third-party applications. If you learn of any unauthorised use of your password or DURA Account, please notify us immediately by email at info@dura.com or phone number published to our website. DURA may suspend your account at any time that your account is suspected to be misused, found to be used for any unauthorized purpose or suspected to be in violation of DURA terms and conditions. DURA reserves the right to refuse service, terminate accounts, terminate your rights to use DURA Services, remove or edit content, or cancel orders in its sole discretion.
PRIVACY AND COPYRIGHT PROTECTION
DURA's Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that DURA can use such data in accordance with our Privacy Policies. Content displayed on our website is copyrighted by DURA Cabs. We respect all copyrights and trademarks owned by third-parties. Any third-party content or logos displayed on this website are owned by the respective third-party. We expect you to respect all copyrights. You may not copy or reproduce any content offered by DURA Cabs Services without express consent of DURA Cabs.
REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. By use of our services you undertake the responsibility to ensure that the service meets your needs and expectations. We provide the service ‘as-is' and do not make any commitment to the content, nature, reliability or safety of the service. You will not in your use of the Services cause nuisance, annoyance, inconvenience, personal or property damage, whether to the Third Party Provider or any other party. Customer agrees to raise complaints about service, if any, within 7days of completion of service. Our ability to address grievances shall be severely limited and only at a best effort basis, after 7days of completion of the trip. In certain instances, DURA cabs and/or partner providers may require you to provide proof of identity to access or use the services, and you agree that you may be denied access or use of the services if you refuse to provide proof of identity. No cancellation refund (100% amount of the booking shall be considered as due by customer) shall be issued if we deny service due to refusal to provide proof of identity.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop some part of or an entire service altogether. At most times, we include specific rules, terms, conditions and requirements that apply to the product or service that you use on our platform. You are expected to read, understand and comply with those terms. By using our services, you accept those terms and agree to comply with them. You can stop using our Services at any time, although we would be sorry to see you go. DURA may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
OUR LIST PRICING AND PROMOTIONS
Pricing for items (products or services) sold on the the platform may be subject to change at anytime without prior notice. With respect to items (products or services) sold on the platform, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items may be mispriced or unavailable for delivery at your requested time. If the correct price of an item sold on the platform is higher than our stated selling price or if the item is unavailable for any reason, we will, at our discretion, either contact you for instructions before delivering on your order or cancel your order and notify you of such cancellation. We will waive applicable cancellation fees for such cancellations. We offer promotions from time to time. No two promotional offers can be combined. Only 1 promotional offer can be applied to any order.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Other than as expressly set out in these terms or additional terms, neither dura nor its providers, suppliers, distributors or affiliates makes any specific promises about the services. For example, we do not make any commitments about the content within the services, the specific functions of the services or their safety, reliability, availability or ability to meet your needs. We provide the services "as is". The services made available on our platform are delivered by independent third-parties. It is your responsibiltiy to ensure that the providers’ service meets your needs. Dura is only providing a marketplace platform for services and assumes no responsibility or liability for the actions or omissions of the third party provider including non-adherence of the scheduled timings, behaviour of their staff, conditions inside the cab, loss of life or property, delay, breakdown or inconvenience suffered by any consumer of the service. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. We request that you use your judgement when using our services and we suggest that you do not use the service if it does not meet your expectations. Always ensure before you ride that the vehicle and driver match the identification (driver license, driver name and vehicle license plate) that was provided. Dura takes appropriate measures to ensure that our partners, their associated drivers and cars are compliant with local laws. While we exercise due diligence on our part, it is the consumers responsibility to match the vehicle and driver with the information provided by dura before they ride. If a consumer decides to ride with a driver or in a vehicle different that was designated by dura, they shall be solely responsible for the consequences. For all purposes, we do not assume responsibility for any harm, damage or loss to your person or property that may result from such actions or inactions relating to your order on the dura platform. This includes and is not limited to missed travel arrangements. Trip delays that take longer than orginally estimated, consequences of road accidents or any other events that lead to unplanned or undesirable consequences including missed connections to flights, trains, missed appointments, meetings or important events or any physical damage to person or property. To the extent permitted by law, the total liability of dura, and its suppliers and partners, for any claims under these terms, including for any implied warranties, is limited to the actual amount you paid us to use our services. We do not assume liability for any damage caused, whether incidental, consequential or direct. You agree that our liability in any event is limited to the amount you paid us to use our services or ₹10,000 whichever is lower.
CANCELLATION & REFUND POLICY
Cancellation Policy
We have designed our cancellation policy to enable customers to have the most flexibility and convenience in travel. You may cancel your booking with us any time before your scheduled date and time of pickup. This may be done using the DURA Mobile App / Website by logging with your registered credentials or by calling us anytime on the 24x7 Customer Care Helpline +91 90518-77-000. In your booking confirmation, we indicate that your booking may be cancelled for Free (no cancellation charges apply) if you cancel before a certain date and time. This signifies your “Free Cancellation period”. If you choose to cancel a booking, please do so before the end of your “Free Cancellation period”. Once your “Free cancellation period” has ended, cancellation charges shall be applicable for the booking. Depending on when you cancel your booking after the end of your “Free cancellation period”, your cancellation charges may vary. Our cancellation charges enable us to compensate our taxi operators for their incurred and opportunity costs of holding the vehicle reservation in place for your convenience.
- We try to provide you vehicle and driver information as quickly as the vehicle & driver is allocated to your reservation. However, we request that you only access car & driver information that is made available to you if you are absolutely certain of your travel plans. The “Free cancellation period” for your booking shall end as soon as you have accessed car & driver information on our platform. We do provide you fair warning when you try to access this information, however you agree that you shall be liable for applicable cancellation charges if you cancel the booking after accessing car & driver information for your booking.
- If you cancel your booking within 4 (four) calendar hours of the scheduled pickup date and time, it shall be treated as a “Customer No-Show for service”. You shall be liable to pay the entire Booking Amount as Cancellation Charges for such a booking.
- If you cancel your booking after your “Free cancellation period” has ended but in advance of “4 calendar hours” before the scheduled pickup date and time, a Cancellation Charge equivalent to 25% of the Booking Amount shall be applicable. The balance amount, if any, shall be credited to your DURA account within 8 working days. If you have a cash amount balance in your DURA account, you may request for it to be transferred to your bank account or use it to create a new booking at any time.
REFUND POLICY
- In the event of cancellation of your booking, we shall be issuing you a refund of the entire amount paid to us in advance for the given booking less applicable cancellation charges. To request a refund, simply contact us with your booking details within thirty (30) days of your purchase. Please include your Booking ID (sent to you via sms and email after booking). Optionally, please tell us why you're requesting a refund – we take customer feedback very seriously and use it to constantly improve our offering and quality of service. Refunds are usually processed within 21 days from the date of request and is limited to the amount paid to us in advance for the given booking.
- Refunds are subject to Cancellation charges, if applicable (for details please refer to our Cancellation Policy above). FORCE MAJEURE
- DURA shall not be liable or responsible for its failure to perform or delay in performance of the service obligations if such failure or delay is attributable to or arises out of any Force Majeure Event. "Force Majeure Event" means an event that is not within the reasonable control of the Party whose performance is affected thereby and shall include any of the following events:
- acts of God or elements (such as, but not limited to, fire, explosions, drought, tidal waves, flood, frost, earthquake, storm, lightning, hurricane, landslide, tornado, epidemic or pandemic),
- war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
- rebellion, revolution, insurrection, violent demonstrations, sabotage, or military or usurped power, or civil war;
- riot, commotion, strikes, go slows, lock outs or disorder, breach of peace, civil unrest, labour unrest,
- acts or threats of terrorism.
- action of statutory authorities, unions, local or central governments, civil or military authorities,
- telecommunication failure, quarantine or due to any other unforeseeable circumstances beyond the control of DURA. For the Duration of a Force Majeure event, the service obligations of DURA will be put on hold. Once the event has ended, the service may recommence. DURA shall not be responsible for disruption or cancellation of customer plans due to cancellation or delay in services by DURA due to reasons attributable to Force Majeure Events. Our service levels may be degraded while such Force Majeure events shall in effect and we shall in earnest, try to make you aware of how it affects our service.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as our disclaimer & privacy policy, posted on this site. These policies also govern your use of the DURA Platform. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective the day after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for Service, you should discontinue your use of our Service. If there is any inconsistency between these terms and any of the additional terms, the additional terms will prevail to the extent of the inconsistency. These terms govern the relationship between DURA and you. They do not create any third party beneficiary rights. If you do not comply with these terms and we do not take action immediately, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of India will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be referred to an arbitrator appointed by DURA, failing him to any other arbitrator chosen by DURA and you in writing. The decision of such an arbitrator shall be binding on both parties. For information about how to contact DURA, please refer to our website.