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Agreement

This document 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, and Terms of Use for access or usage of FLYbyROAD.com website and its app.

FLY BY ROAD is an online portal as well as mobile application owned, maintained and controlled by a Partnership Firm FLY BY ROAD.COM registered under Indian Partnership Act, 1932 and existing in accordance with the laws of India. By registering on FLY BY ROAD, the end user (“User”) acknowledges, accepts and agrees to abide by without limitation, below terms and conditions (“T&C”) to view and/or use FLY BY ROAD, which forms a binding contract between the User and Firm. The Firm will facilitate the process of payment and car sharing services for User on FLY BY ROAD (“Services”). The Firm may change, modify, alter or amend the T&Cs without notice at its discretion at any point of time.

Site and Contents

The content of the pages of this website 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 any products, services or information available through this website or app meet your specific requirements

 

 

Ownership

This website/app contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website/app which are not the property of, or licensed to, the operator are acknowledged on the website/app.

Unauthorized use of this website/app may give rise to a claim for damages and/or be a criminal offense.

From time to time this website/app may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without FLYbyROAD.com prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.

General Conditions to use FLY BY ROAD:

  1. FLY BY ROAD enables User to share a car for a journey with other User in exchange for a cost for Jaipur to Delhi and vis versa. It may include all other co-Passenger/Users who accompany such User in the Vehicle for the Trip.
  2. User must be above 18 years of age and should have contractual capacity at the time of registration on FLY BY ROAD.
  3. User agrees that the FLY BY ROAD may vary or amend, its Services, conditions, functionality, “look and feel”at any time without notice to User.
  4. In the event, the User fails to comply with any of the T&C, the FLY BY ROAD reserves its right to withdraw the User Account in question and suspend or withdraw Services to User without any prior notice.
  5. FLY BY ROAD may deny boarding in case the Passenger profile does not match with the booking details. It is suggested that Passengers should always carry a valid Photo Id Proof to avoid any confusion / dispute at the time of boarding. And the name on your booking ticket / sms / email should match with the name on the photo id proof you are carrying.
  6. It is optional and recommended that the users rate every other user they travel with, rating them with grades or leaving a comment about the shared ride. The Ratings are of exclusive use of the FLY BY ROAD, in order to provide a better service to users.
  7. By downloading and installing the FLY BY ROAD app you agree to receive communication related to various promotional offers run by FLY BY ROAD from time to time. The mode of communication can be either SMS, Email, Push or all of them. You can turn off these communications whenever you want though.

Registration and verification on FLY BY ROAD

  1. In order to use FLY BY ROAD, each User must be registered on FLY BY ROAD and create an account on FLY BY ROAD (“User Account”). As a part of the registration process, User agrees to provide current, complete and accurate registration information and verification details (hereinafter referred to as “Registration Data”) and keep it updated, complete and accurate throughout its use. User agrees to comply with the T&C and accepts that their personal data may be used, collected, stored or processed in accordance with the Privacy Policy of FLY BY ROAD.
  2. In order to be registered on FLY BY ROAD, the User must complete the verification process by signing-in through his Facebook Account details thereby providing consent to capture details of User from Facebook Account which may be published on their respective User Account on FLY BY ROAD. The final step of verification shall be completed with Mobile Verification of User on FLY BY ROAD. Any personal picture of User retrieved from Facebook Account may be uploaded on User Account of respective User on FLY BY ROAD. Only after confirmation of the User Account by the Company, the User can book a ride on FLY BY ROAD. However, User agrees and understands that the Company does not undertake any responsibility for the accuracy of the Registration Data and any other information provided by the User on the Application or to a Service Provider or Co-Traveler, as the case may be. The Company will not be liable to any User in any manner whatsoever in the event any information provided by another User results to be false, incomplete, inaccurate, misleading or fraudulent in nature. “Facebook Account”means the user account of User created on facebook.com.
  3. Mobile Verification: In order to ensure credibility of User and to verify the User mobile number, the Company will send a SMS comprising of a four digit ‘one time password’on the registered mobile number of the User. User needs to validate this four digit ‘one time password’ on FLY BY ROAD in order to complete the process of registration and verification and to use or view FLY BY ROAD.
  4. The Registration Data uploaded by the User on FLY BY ROAD may be used in any manner by the Company in connection with the Services at its sole discretion. After uploading Registration Data on FLY BY ROAD, the User will be deemed to have given his consent for use of his Registration Data by the Company in accordance with the Privacy Policy of FLY BY ROAD. User hereby forgoes and waives his rights to any claims whatsoever against the Company for use of Registration Data including User’s picture or other verification details.
  5. If Company has reasonable grounds to believe that any information provided by the User is incorrect or incomplete, then the Company may suspend or terminate the User Account of the respective User temporarily or indefinitely at its discretion without notice to such User.

3.Use of Services:

You are prohibited from posting defamatory, obscene, pornographic, profane, threatening or unlawful material in our forums or our user feedback sections.

FLYbyROAD.com will fully cooperate with any law enforcement authorities or court order requesting or directing FLYbyROAD.com to disclose the identity of anyone posting such materials.

FLYbyROAD.com may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates FLYbyROAD.com policies in any way.

Booking can be made online by filling up the booking form provided here. Payment can be made through any of the credit/debit cards listed here. Booking can be made for any person other than cardholder also. For that you need to fill up details of cardholder for payment and details of user for booking. The use of credit card is totally safe, we use CCavenue payment gateway for payment. It has a 128 bits SSL encryption technology compliant solution certified by VeriSign. Your card details are not shared.

  1. Services offered by the Company will allow the User to share a Vehicle for a Trip.
  2. If a user does not take the ride because of his personal reasons then user will not be entitled to get any refund. However, refunds will be as per the cancellation policy referred in this agreement.
  3. A booking voucher will be sent to the traveller over email when he completes an online car booking with FLYbyROAD.com Cab.
  4. Producing the booking voucher provided earlier is mandatory to avail the car rental services by FLYbyROAD.com Cab. If this is not done it entitles the driver to refuse service delivery without any liability on us to refund the booking amount.
  5. When a customer produces the booking voucher provided to him earlier, it implies that he has read and understood all terms and conditions mentioned herewith and agrees on all of them.
  6. Distances between two locations (points) be it an intercity distance etc mentioned on the website are approximate. Actual distance may differ depending on the exact geographical location of the points under consideration.
  7. Car air-conditioner/Heater will not work on hilly routes & also when the vehicle is not in motion. The customer is also not expected to request driver to make the air condition/Heater operational in the fore mentioned cases.
  8. The voucher/promo code is mandatory to avail any applicable discounts/schemes (or) in the case of cash back. In case of cash back, the amount will be credited to your credit card/debit card account from which the payment was made to FLYbyROAD.com Cab in approximately 15 days from the pickup date.
  9. Any form of discounts are only applicable only on the basic fare and cannot be made available on extra charges like toll, taxes, charges on for extra Kms consumed if applicable, charges for extra hours consumed if applicable, driver allowance, parking, night charges if applicable, unless specified.
  10. The vehicle booked will be subject to availability. In a case where the car booked is not available on the day & time of travel, the customer will be provided with an option of alternative equivalent vehicle on nearest to desired time in the similar segment as applicable.
  11. Pickup & Drops are valid only within the prescribed pickup & drop points in city limits. For the afore mentioned car rental services any request for travel beyond those points will entitle the driver to deny services without any liability to refund the booking amount.
  12. Customer is liable to pay waiting charges in the case of delay (be it for any reason) exceeding more than 10 minutes from the scheduled pick up time.
  13. In outstation trip, other than one way & round trip drop, Customer is liable to pay for any additional distance travelled and also for additional hourly charges if applicable. Any unscheduled changes will attract additional charges as applicable.
  14. All outstation bookings, other than one way & round trip, under consideration are on a calendar day basis i.e from midnight 12:00 to midnight 12:00. As an example for a cab booked for 1st Jan where the pickup time is 5:00 p.m, the booking will be valid till 1st Jan 11:59 p.m and not 2nd Jan 5:00 p.m.
  15. Cabs those are booked for outstation (any or all of One-Way, round trip & multicity) cannot be used for local travel. As an example if a customer books a cab from Jaipur to Delhi then to Rohtak and back to Jaipur for a period of 3 days in total & has a predefined Km limit of 750 Kms and he returns back to Jaipur on the second day & has a balance Kms limit of 50 with one day remaining, in spite of this he is not entitled to consume this 50Kms for local travel in Jaipur (Source city), however the customer can travel from Jaipur to some other city outside city limits of Jaipur (say Bagru) & consume the remaining 50 Kms or more than this by paying additional charges.
  16. If needed, a customer can amend his booking from one way to round trip while his/her travel is in progress. A request for amendment while mentioning the Booking ID has to be made to the support team at FLYbyROAD.com Cab. by contacting call Centre. Whether or not to make an amendment as per the request of the customer solely rests with our support team. If the amendment request by the customer is approved our support team will guide on the difference amount to be paid. This amount has to be paid online immediately; failure to do so will not make the requested amendment a reality.
  17. For travel types (outstation & local trips) customer has to bear all extra charges like driver allowance, toll, taxes, charges on for extra Kms consumed if applicable, charges for extra hours consumed if applicable, parking charges, night charges and any other charges as applicable.
  18. Cumulative amount of monetary discount shown on our website is only for indicative purpose. The exact discount amount or savings offered depends on the service type.
  19. Customer can request for amendments to a booking made earlier by him only if the request is done 24 hours before the pickup time. No time changes will be done within 24 hours of pick up time. In cases where amendments are requested on cab type, the cab type requested is subject to availability. In case of a no show where the customer has not informed FLYbyROAD.com Cab on the changes of his schedule 24 hours before the pickup, no refunds will be made. The amendments can be done by contacting the support team of FLYbyROAD.com Cab on call centre number and mention the booking confirmation number (Booking ID).
  20. The driver will wait for the customer on the travel date for not more than 10 minutes from his pickup time in a case the customer does not inform the driver on the delay. After 10 minutes the booking will be considered as a case of no show and full booking amount will be forfeited. Customer is liable to pay waiting charges in the case of delay (be it for any reason) exceeding more than 10 minutes from the scheduled pick up time.
  21. Customer is liable to pay for any additional distance traveled and also for additional hourly charges if applicable. Any unscheduled changes will attract additional charges as applicable
  22. In One way & round trip, Parking, toll, interstate taxes, passenger taxes or any other applicable taxes and costs will be all inclusive in the Cost. However, FLY BY ROAD may change the cost schedule without any prior notice.
  23. Company has endeavored to ensure that all the information on FLY BY ROAD is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained within the content available on FLY BY ROAD.
  24. If a child below 5 years sits on the guardian’s lap then a separate seat booking is not required. However, if the child requires a separate seat then please book the seats accordingly for a convenient & uninterrupted travel experience. The full fare shall be charged for the child above 5 years of age.
  25. For Indira Gandhi International Airport New Delhi Pickups & Drops, the airport charges shall be paid directly by the client as actual against the receipt.

Home Pickup Facility

  1. Home Pickup is offered solely at the company’s discretion and is provided only if passengers are within the permissible distance from the searched boarding point.
  2.  Home pick up can be denied for the reasons including, but not restricted to:-
  • Peak traffic hours
  • Narrow streets
  • Crowded market places
  • Weather conditions
  • Last moment change in the pick-up point, and/or
  • If the driver feels that it would be best to avoid that pickup for his own or other passengers’ safety.

3.Vehicle wait time will be a maximum of 5 minutes in case of home pick up, over and above which the driver reserves the right to move on without the pickup.

4.FLY BY ROAD reserves right to deny home pick up if deemed so.

5.Failure of home pickup because of whatsoever reason does not arise the demand of any kind of refunds and the same shall not be entertained at all.

Obligations of the FLY BY ROAD

The FLY BY ROAD hereby covenants that:

  1. The FLY BY ROAD obtain comprehensive insurance policy, which provides insurance cover to the Co-Passenger in the Vehicle and covers third party liability. The FLY BY ROAD further agrees that on the request of the Co-Passenger, driver will provide the evidence to the Co-Passenger in respect of the subsistence of such insurance policy.
  2. Driver holds a valid driving license and valid pollution control certificate in respect of the Vehicle;
  3. The Cab must wait for the user at the appointed pick up place for at least 10 (ten) minutes after the agreed time in case user fails to reach the appointed place on time;
  4. FLY BY ROAD will immediately inform the user about any change in respect of the proposed Trip for a Transaction. If one or more user have made a booking and the FLY BY ROAD decides to change any aspect of the Trip, the FLY BY ROAD undertakes to contact all users for a Transaction in relation to that Trip to obtain consent from them for such change. If any user refuses to such change and declines to travel then that user will be entitled to a full refund of his Cost Contribution and no other compensation will be paid in this scenario.
  5. FLY BY ROAD will not charge additionally at boarding or over what is listed on the Application.

Obligations of the User:

The User hereby covenants that:

    1. He will not use FLY BY ROAD for any commercial purpose and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India for any fraudulent, unlawful or criminal activity;
    2. He will arrive 15 minutes prior at the appointed pick up place as mutually agreed with FLY BY ROAD;
    3. He shall wait for the cab at the appointed pick up place for at least 15 (fifteen) minutes after the agreed time if Cab fails to reach the appointed place on time;
    4. He will pay his share of Cost Contribution of the Trip at the time of booking the Trip to the FLY BY ROAD.
    5. He will immediately inform to the FLY BY ROAD in case he is required to cancel the Trip. In such a situation, user will be entitled to get refund as per the cancellation policy of the FLY BY ROAD.
    6. You may be blacklisted as a result of misbehaving with fellow passengers/FLY BY ROAD owner or forcing/abusing driver and you shall not be eligible to avail FLY BY ROAD services in future.
    7. The User agrees and undertakes not to exploit or abuse FLY BY ROAD for any purpose other than the purpose herein and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India. In addition, FLY BY ROAD shall not be used in any manner, which could damage, disable, impair or interfere with any other User’s right to use and/or enjoyment of FLY BY ROAD services or cause any damage to or hamper the business or reputation of the Company. The User shall refrain itself from obtaining or attempting to obtain any information through any means which is not intentionally made available or provided to it for or through FLY BY ROAD

Disclaimer of warranties and no liability of Company:

  1. User acknowledges that the FLY BY ROAD is as an online platform for Users who want to share a car within the city or inter-city in India. The Services offered through or via FLY BY ROAD is provided on “as is” basis without any representation or warranty of any kind from the firm, either expressed or implied, including without limitation, any representation or warranty for timeliness, safety, continuity, uninterrupted travel, quality, conditions of Vehicle, driving skill, performance for any particular purpose with respect to the Trip.
  2. Without prejudice, FLY BY ROAD shall not be liable for any direct or indirect loss or damage, which may be suffered as a result of any failure by a passenger to show up within any stipulated time even if FLY BY ROAD has agreed to such timing or even if the passenger has advised FLY BY ROAD of the possibility that he / she may not show up within the stipulated time.
  3. Without Prejudice to the above FLY BY ROAD shall not be liable for failure to provide services to the passenger for any reason whatsoever including but not  limited to any passengers’ non-compliance with the services offered by FLY BY ROAD, which includes, but is not limited to any incorrectly placed voice 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 FLY BY ROAD or any person or any organization involved in the above mentioned systems
  4. FLY BY ROAD cannot be hold accountable for any delay or consequential loss caused to the user due to traffic jam or reasons beyond reasonable control of the driver or lapses on the part of the driver.
  5. FLY BY ROAD cannot be hold accountable for any loss, damage, physical injury etc suffered by the user while availing its services.
  6. In case of any misconduct or misbehaviour by the driver the customer should immediately report to the support team of FLY BY ROAD. After initiating the inquiry FLY BY Road will take an appropriate action against the driver, but it will not attract any legal liability i.e. deficiency of services towards the FLY BY ROAD.
  7. FLY BY ROAD cannot be hold accountable for any loss, damage or delay suffered by the customer due to force majeure events.
  8. In no event the entire liability of FLY BY ROAD for any loss or damage arising due to cab services or in the case of a valid refund claim shall not exceed the booking amount paid by the customer.

Confidentiality:

Users shall be responsible for maintaining the confidentiality of his user ID and password created at the time of registration and User shall be fully responsible for all the activities that occur under his User Account at all times.

Miscellaneous:

  1. The T&C shall be governed by and construed in accordance with the laws of India and the Parties agree that any disputes arising in relation to these T&C shall be subject to exclusive jurisdiction of the competent courts at Jaipur only.
  2. The Company may at its sole discretion provide Users with an online service for resolving disputes. This service is non-binding and Company is under no obligation to resolve disputes between Users and the dispute resolution mechanism may be opted and offered by Company at its sole discretion which may be withdrawn at any time.
  3. User agrees that along with the T&C, User shall also be subject to Company’s Privacy Policy and Cookies Policy.

Cancellation policies:

  1. If a user cancels 24 hours prior the pick-up time, 25% of the booked amount will be deducted.
  2. If a user cancels within 24 hours prior the pick-up time, no refund.
  3. The refunds will be made by online transfer to the customer’s bank account. No cash refund requests will be entertained.
  4. The amount will be refunded approximately within 7 (seven) business working days.

Arbitration, Dispute Settlement & Jurisdiction

  1. The FLY BY ROAD and the user hereby agree that they shall work together to resolve any dispute that may arise under this agreement. In the event of dispute do arise under this Agreement, which the parties are unable to settle amicably, the dispute shall be settled by arbitration pursuant to the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Jaipur and the language of the arbitration proceedings shall be English.
  2. The parties shall refer the dispute to the sole arbitrator duly appointed by the both parties. The award passed by the sole arbitrator shall be binding upon both the parties in pursuance of the provisions of the Arbitration and Conciliation Act, 1996.
  3. Any Disputes/difference not being the subject matter of such arbitration proceedings shall be subject to the jurisdiction of the Courts of law at Jaipur.

Pay out: Do’s & Don’ts

  1. While we strive continuously to make your everyday travel hassle free, we sometimes have to take certain measures to keep our community clean and away from any malpractices. We have found some users trying to abuse the system in the past by indulging into fraudulent activities and misuse the various promotional activities run by us. This hampers the genuine users in a big way which is strictly against our policies. Hence, we have laid down some of the malpractices which users might indulge in and which may result in the upholding of their FLY BY ROAD Pay-outs permanently. Hence, users are advised to refrain from:
  2. Furnishing somebody else’s account to transfer the earned money.
  3. Booking multiple seats on same day & date under one name.
  4. Multiple accounts with same email address, fake email IDs, same mobile number on multiple device IDs & usage of fake locations is a violation of our policy and can render your account invalid for any referral, promotional scheme or usage of our service.
  5. Creating multiple accounts to abuse promotional discounts.
  6. Transacting to earn the promo amount within the friends/family/close group, without actually travelling hence defeating the purpose of introducing the Referral codes.

Company reserves the right to validate any Transaction completed by a User/Co-Passenger using FLY BY ROAD. In case any Transaction made by User is found to be fraudulent in nature, User shall be liable to charges with respect to fraudulent Transaction in its next Trip. Decision of Company shall be final and binding in this regards.