Terms and Conditions – Website
www.rustiktravel.com is a travel based website owned by Rustik Travel Ventures Pvt. Ltd. Rustik Travel Ventures (hereafter referred to as “Rustik Travel”,”we”, “us”, or “our”) provides travel experiences/activities/trips/packages (collectively with the Site and Application (each as defined below), the “Services”).
The Services are accessible at rustiktravel.com and any other websites through which Rustik Travel makes the Services available (collectively, the “Site”) and any related applications (the “Application”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and Rustik Travel.
Please carefully read these Terms and our Privacy Policy and our Legal Notice, each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
Key Terms
“Collective Content” means Member Content and Rustik Travel Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Member” means a person who completes Rustik Travel’s account registration process, including, but not limited to service providers and Travelers, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “Rustik Travel Content” means all Content that Rustik Travel makes available through the Services, including any Content licensed from a third party, but excluding Member Content. “Traveler” means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in an Group Tour and is not the Service Provider for such Tour. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Rustik Travel reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site.
No Endorsement
Rustik Travel does not endorse any Members or any Tours. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Rustik Travel with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Service Provider against Rustik Travel regarding the remittance of payments received from a Traveler by Rustik Travel on behalf of an Service Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Cancellation
If it becomes necessary for you to cancel your trip/ booking, please send us an intimation in writing. Once we receive your intimation we will cancel your booking. Please note the following charges that apply for cancelling your booking:
a) If cancellation is done before 30 days from departure: We will refund the entire amount after deducting a minimal processing charge.
b) If cancellation is done between 30 days and 15 days prior to departure: We will refund 50% of the amount deposited with us.
c) If cancellation is done less than 15 days prior to departure: We would not be able to refund any money since most arrangements have been made by then.
Please note that in some cases the cancellation policy will be different and will be communicated upfront.
Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Rustik Travel cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Service Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
Member Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Group Tours; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Rustik Travel Traveler.
Privacy
See Rustik Travel’s Privacy Policy and for information and notices concerning Rustik Travel’s collection and use of your personal information.
Ownership
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of India and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Rustik Travel and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
Rustik Travel Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, rustik travel grants you a limited, non-exclusive, non-transferable license to (i) access and view any rustik travel Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by rustik travel or its licensors, except for the licenses and rights expressly granted in these Terms.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that rustik travel is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by rustik travel of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of rustik travel used herein are trademarks or registered trademarks of rustik travel. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at experiencelife@rustiktravel.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of rustik travel and you hereby irrevocably assign to rustik travel and agree to irrevocably assign to rustik travel all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At rustik travel’s request and expense, you will execute documents and take such further acts as rustik travel may reasonably request to assist rustik travel to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
Rustik Travel respects copyright law and expects its users to do the same. It is rustik travel’s policy to terminate in appropriate circumstances the rustik travel Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
Disclaimers
If you choose to use the services, you do so at your sole risk. You acknowledge and agree that rustik travel does not have an obligation to conduct background checks on any member, including, but not limited to, travelers and service providers, but may conduct such background checks in its sole discretion. The services (including the site and application) and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, rustik travel explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Rustik travel makes no warranty that the services or collective content, including, but not limited to, the listings or any group tours will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Rustik travel makes no warranty regarding the quality of any listings, group tours, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the services. No advice or information, whether oral or written, obtained from rustik travel or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, including, but not limited to, any service providers or travelers. You understand that rustik travel does not make any attempt to verify the statements of users of the services or to review or visit any group tours. Rustik travel makes no representations or warranties as to the conduct of users of the services or their compatibility with any current or future users of the services. You agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, including, but not limited to, travelers and service providers, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by rustik travel or take place during an group tour. Notwithstanding rustik travel’s appointment as the limited agent of the service providers for the purpose of accepting payments from travelers on behalf of the service providers, rustik travel explicitly disclaims all liability for any act or omission of any traveler or other third party.
Indemnification and Release
You agree to release, defend, indemnify, and hold rustik travel and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (A) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (B) your Member Content; and (C) your (I) interaction with any Member, (II) booking of an Group Tour, (III) creation of a Listing or (IV) the use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by Indian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Indian embargoed countries.
Reporting Misconduct
If you participate in an Tour with Rustik Travel’s partner who you feel is acting or has acted inappropriately, including but not limited to, anyone who (I) engages in offensive, violent or sexually inappropriate behaviour, (II) you suspect of stealing from you, or (III) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to rustik travel by contacting us with your police station and report number at experiencelife@rustiktravel.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between rustik travel and you regarding the Services and Collective Content, and any bookings or Listings of Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between rustik travel and you regarding bookings or listings of Tours, the Services and the Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without rustik travel’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. rustik travel may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by rustik travel (I) via email (in each case to the address that you provide) or (II) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Bengaluru Jurisdiction, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Bengaluru for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
General
The failure of Rustik Travel to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of rustik travel. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Newsletters
By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
Contacting Rustik Travel
If you have any questions about these Terms, please contact Rustik Travel at experiencelife@rustiktravel.com
