‘Terms and Conditions of Use’ and ‘Terms and Conditions of Sale’
Welcome to RailYatri.in.
Stelling Technologies Private Limited and Indorailbus Travel Pvt Ltd. provides access to the RailYatri.in website and smartphone app (the "website" or “app”) to You, subject to the conditions set out on this page.
Please read these conditions carefully before using the RailYatri.in website. By using the RailYatri.in website, you signify your agreement to be bound by these conditions.
The Terms and Conditions of Use is a legal contract between you being, an individual or corporate customer, user, or beneficiary of this service, and Stelling Technologies Private Limited (RailYatri) and Indorailbus Travel Pvt Ltd.(Intrcity) having its registered office at Amco Towers, 1st Floor, A -5,6,7, Amaltash Marg, A Block, Sector 9, Noida, Uttar Pradesh 201301 (RailYatri).
The Terms and Conditions of Sale is a legal bipartite contract between You being, an individual or corporate customer, user, or beneficiary of this service, and the Service Provider/Vendor in question only and excludes RailYatri.
In addition, when you use any current or future RailYatri.in service, you may also be subject to such additional terms, guidelines and conditions applicable to that RailYatri Service. If these Conditions of Use are inconsistent with such additional Terms, the additional Terms will have prevail over the same.
Mere browsing or Use of the website in any manner will be subject to the terms and conditions provided herein. If you do not agree to all of these Terms and Conditions of use, please do not use this site. We may revise and update these Terms and Conditions at anytime. Your continued usage of www.railyatri.in will mean you accept those changes. The contents of www.railyatri.in and its allied sites, such as text, graphics, images, information obtained from www.railyatri.in and its allied sites' licensors and other material ("Content") contained on www.railyatri.in and its allied sites is for informational purposes only. The Content is not intended to be a substitute for professional travel or train-related advice.
These "Terms and Conditions of Use/Sale" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
It is important to note that RailYatri.in is an independent entity and is in no way related to Indian Railways - the government organization and Indian Railways Catering and Tourism Corporation (IRCTC). Ltd. This applies to all affiliated properties of RailYatri.in such as RailYatri Website, RailRadar, Android App, iOS App, Windows App and other concerned properties.
A. Conditions Relating to Your Use of RailYatri.in
1. Your Account
If you use the website or app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or smartphone to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. RailYatri.in reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
2. Privacy Policy
This section shall be construed as the Privacy Policy of RailYatri.in with respect to handling and dealing of personal information or sensitive information of its Customers/Users as required under Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (Hereinafter referred to as the “Rules”).
RailYatri does not collect or store any Sensitive Personal Data as defined under Rule 3 of the Rules, of its Users/Customers. All passwords are stored in an encrypted form.
By using the website or app of RailYatri.in, you agree and consent to RailYatri.in collecting and storing your personal data and information such as name, gender, age, address, location, e-mail addresses, landline and mobile phone numbers, dietary preferences, purchase history, transactional history etc. for the purposes of providing better services and targeted advertisement or for the provision of any lawful purpose connected with the functions or activities of RailYatri.in. We may also share your personal data with any third party, agents, affiliates etc and monetize the same also. If you object to your information being stored, transferred, used or processed by RailYatri or any third party, agents, affiliates etc, please do not use the website. RailYatri.in reserves the absolute right to not provide you any service or goods in case of your refusal to share your personal information.
You may contact us in order to correct any incorrect, inaccurate or deficient personal data or information collected by us in order to correct the same.
If you wish to withdraw your consent given to RailYatri.in to collect and store your personal data, you may write to us at snehal.rathi@railyatri.in with respect to the same.
If you have any concerns or grievances with respect to your personal information please contact the Privacy Grievance Officer namely Snehal Rathi, snehal.rathi@railyatri.in, address: 1st Floor, Amco Tower, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products or services listed on the website at the price indicated therein at any time from any service provider. You further agree and acknowledge that RailYatri is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products (Terms and Conditions of Sale) on the website or app shall be a strictly bipartite contract between you and the sellers on RailYatri.in. Your use of the RailYatri platform may be subject to a ‘convenience fee’ as decided by RailYatri.
RailYatri does not assume any liability with respect to the availability, quantity, quality, punctuality or cancellation of any product or service purchased by a User, which shall rest solely with the Service Provider. RailYatri shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/beneficiary out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
4. Access to RailYatri
We will do our utmost to ensure that availability of the website and app will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or app may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use, Stelling Technologies Private Limited (RailYatri) and Indorailbus Travel Pvt Ltd. grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RailYatri and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of RailYatri.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RailYatri.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising RailYatri's or its affiliates' names or trademarks without the express written consent of RailYatri and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by RailYatri.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of RailYatri.in as long as the link does not portray Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd., RailYatri.in, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RailYatri.in logo or other proprietary graphic or trademark as part of the link without express written consent of Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd. and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not RailYatri.in, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. RailYatri.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of RailYatri.in violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd., including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to RailYatri.in: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable RailYatri.in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd. and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd., its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Stelling Technologies Private Limited and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Stelling Technologies Private Limited and is protected by Indian and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Stelling Technologies Private Limited and Indorailbus Travel Pvt Ltd. express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Stelling Technologies Private Limited and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Stelling Technologies Private Limited and / or its affiliate's (as may be applicable) express written consent.
9. Intellectual Property Claims
Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd. and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns.
10. Trademarks
RAILYATRI.IN, RAILYATRI, THE RAILYATRI LOGO, and other marks indicated on our website are trademarks or registered trademarks of Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd.. RailYatri.in's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of RailYatri. RailYatri's trademarks and trade dress may not be used in connection with any product or service that is not RailYatri's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RailYatri. All other trademarks not owned by RailYatri that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RailYatri.
11. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers/service providers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products or service providers and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products or services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products/services), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products or service sold through or displayed on the website vest with RailYatri nor shall RailYatri have any obligations or liabilities in respect of any transactions on the website.
Any claim of deficiency in service arising under the Consumer Protection Act, 1986 or any other claim or right to sue arising under any other civil or criminal law shall lie only against the seller or service provider and not against RailYatri or any of its affiliates, which are only an intermediary.
12. Indemnity and Release
RailYatri does not assume any liability with respect to the availability, quantity, quality, punctuality, warranty or cancellation of any product or service purchased by a User, which shall rest solely with the Service Provider. RailYatri shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/beneficiary out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
You shall indemnify and hold harmless Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd., its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Stelling Technologies Private Limited, Indorailbus Travel Pvt Ltd. and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/ service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
13. Facilitation of Rail E-tickets
You agree and understand that RailYatri itself does not book, handle, procure or supply railway e-tickets and will forward any Rail E-ticket booking requirement of any User to its network of IRCTC authorised E-Ticketing Agents, who shall then proceed to handle, process and book the required railway e-ticket. Further, you also agree and understand that the relationship between RailYatri and IRCTC authorised E-Ticketing Agents is one of Principal to Principal basis. RailYatri is a private entity and is not associated or connected with the Indian Railway Catering and Tourism Corporation (IRCTC) in any manner. You also agree and understand that RailYatri may charge a convenience fee, for each rail e-ticket booking facilitation undertaken by it in addition to the IRCTC price of each e-ticket as determined by it from time to time.
14. Facilitation of meal delivery on trains
You agree and understand that RailYatri is only a food delivery intermediary and It does not own/operate restaurants on its own or undertake the preparation of the food or its delivery itself. In order to provide a comprehensive choice of food to customers, RailYatri has partnered up with various restaurants across India who prepare and deliver the food on the trains as per requests received through RailYatri (“Restaurant Partner” “Service Provider”).
User agrees and understands that RailYatri does not assume any liability with respect to the quantity, quality, punctuality, delivery or cancellation of any food related service which shall rest solely with the Restaurant Partner. RailYatri shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
15. Bus Ticket Bookings
User agrees and understands that RailYatri is only a bus ticketing intermediary and does not own/operate bus services of its own. In order to provide a comprehensive choice of bus operators, departure times and prices to customers; RailYatri has tied up with different bus aggregators on a Principal to Principal basis (“Service Providers”).
User agrees and understands that RailYatri does not assume any liability with respect to the quality, punctuality, amenities, safety or cancellation of any bus related service which shall rest solely with the Bus Operator. RailYatri shall also not be liable for any act of theft, lost or stolen luggage/belongings of the User/Passenger while using the bus service. RailYatri shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/Passenger out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
16. Taxi/Outstation Cab bookings
User agrees and understands that RailYatri is only a Taxi/Cab booking intermediary and does not own/operate bus services of its own. In order to provide a comprehensive choice of cab operators, choice of vehicles amenities and prices to Users; RailYatri has tied up with different cab operators/aggregators on a Principal to Principal basis (“Cab Partners” “Service Providers”).
User agrees and understands that RailYatri does not assume any liability with respect to the quality, punctuality, amenities, safety or cancellation of any Cab related service which shall rest solely with the Cab Partner. RailYatri shall also not be liable for any act of theft, lost or stolen luggage/belongings of the User while using the Cab/Taxi service. RailYatri shall also not be liable in the event of any unfortunate incident/accident while using the Cab/Taxi Service, the responsibility of checking the credentials, records and identification of any Cab driver rests absolutely with the Cab Partners. RailYatri shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/Passenger out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
17. Hotel Room Bookings
User agrees and understands that RailYatri.in is only a Hotel Room Booking facilitator and it does not own/operate/manage any Hotels or accommodation of its own. In order to provide comprehensive choice of Hotels and prices to the User, RailYatri has tied up with Hotel properties and aggregators (“Service Providers”).
User agrees and understands that RailYatri does not assume any liability or present any warranty with respect to the quality, punctuality, amenities, safety or cancellation of any Hotel Booking related service which shall rest solely with the Hotel aggregator/ Hotel operator. RailYatri shall also not be liable for any act of theft, lost or stolen luggage/belongings of the User/Guest while using the Hotel Room. RailYatri shall also not be liable in the event of any unfortunate incident attributable to any Hotel employee, agent or contractor the responsibility of checking the credentials, records and identification of any Hotel employee, agent or contractor rests absolutely with the Hotel operators. RailYatri shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/Guest out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
18. Children
Use of RailYatri.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use RailYatri.in only with the involvement of a parent or guardian.
19. Other Businesses
Third Parties may also offer goods and services on RailYatri.in by way of advertisements, notifications, pop-up badges, links etc. RailYatri.in is not responsible for examining or evaluating the same, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Stelling Technologies Private Limited and Indorailbus Travel Pvt Ltd. does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
20. Communications
When you visit RailYatri.in or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by E-mail, SMS, phone call or by posting notices/notifications on the website or app or by any other mode of communication. By using the services of RailYatri, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website. If you do not wish to receive any promotional or commercial communication from us, please get in touch with us at https://www.railyatri.in/privacy/user/sms-unsub to unsubscribe your number.
21. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss arising out of your use of any goods or service purchased from a third party.
22. RailYatri Wallet
RailYatri Wallet is a convenient online account to store your cancellation and refund amounts along with any promotional offers. There is no cash load facility for the wallet and a User can only receive cancellation and refund amounts in it. The User has an option to transfer this amount out of the RailYatri wallet by way of ‘back to source’ refund. The amount in the RailYatri wallet does not expire and you can use this amount to make any other purchase on the RailYatri platform only.
23. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use/Sale at any time. You will be subject to the policies and Conditions of Use/Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
24. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
25. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at any stage and there is no waiver of our rights and remedies.
26. Governing law, Dispute Resolution and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. All disputes arising out of the use of the services offered by RailYatri shall be resolved by way of binding arbitration before a sole arbitrator nominated and appointed by RailYatri. The seat of arbitration shall be New Delhi and the language shall be in English. All disputes arising out of, or in connection with the Agreement would be subject to the exclusive jurisdiction of the Courts of New Delhi alone.
27. Our Details and Notices
This website is operated by Stelling Technologies Private Limited and Indorailbus Travel Pvt Ltd. having its registered office at 1st Floor, Amco Tower, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.
For the RailYatri.in website, you could contact us by visiting: https://www.railyatri.in/contact-us
Any notice, including any legal notice, to RailYatri must be sent by courier or registered mail to Stelling Technologies Private Limited or Indorailbus Travel Pvt Ltd. having its registered office at 1st Floor, Amco Tower, Plot No A-5, 6 & 7, Sector 9, Noida, Uttar Pradesh 201301.
28. Use of the RailYatri Software
You may use RailYatri Software solely for purposes of enabling you to use and enjoy the RailYatri Services as provided by RailYatri, and as permitted by the Conditions of Use, these RailYatri Software Terms and any Terms. You may not incorporate any portion of the RailYatri Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the RailYatri Software or otherwise assign any rights to the RailYatri Software in whole or in part. You may not use the RailYatri Software for any illegal purpose. We may cease providing any RailYatri Software and we may terminate your right to use any RailYatri Software at any time. Your rights to use the RailYatri Software will automatically terminate without notice from us if you fail to comply with any of these RailYatri Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain RailYatri Software that are specifically identified in related documentation may apply to that RailYatri Software (or software incorporated with the RailYatri Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any RailYatri Service is the property of RailYatri and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
29. Use of Third Party Services
When you use the RailYatri Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
30. No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the RailYatri Software, whether in whole or in part, or create any derivative works from or of the RailYatri Software.
31. Updates
In order to keep the RailYatri Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
32. Dispute Resolution
In case any dispute arises under this Agreement, the parties shall first try to resolve the same by way of negotiations after having duly raised the dispute by way of a formal notice to the attention of the other Party.
In case the parties are unable to resolve the said dispute, the same will be resolved by way of a binding arbitration consisting of two arbitrators, one appointed by each party. The seat of the arbitration shall be at New Delhi. Both the parties shall equally bear the costs of the said arbitration proceedings.
B. Conditions of Sale (between Sellers/Service Providers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the RailYatri (the website or app). These conditions signify your agreement to be bound by these conditions.
The Terms and Conditions of sale is a bipartite legal contract between You being, an individual or corporate customer, user, or beneficiary and the Service Provider.
1. Conditions Relating to the Sale of Products/Service to You
This section deals with conditions relating to the sale of products on the website by Third Parties to you (Any reference to the terms ‘us’, ‘we’ ‘Service Provider’ relates to the third party sellers and NOT RailYatri).
2. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order. The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you.
Your contract is with us (the Sellers) and you confirm that the product(s)/service(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
3. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
4. Children
Use of RailYatri.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
5. Communications
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
6. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss. Our liability to you is limited to refund of the transaction amount and excludes any other loss or damages.
7. Train Tickets
With respect to Railway E-tickets, Service Provider (IRCTC authorised Travel Agent) shall provide the facilitation of booking of rail e-tickets between 8 AM and 9 PM, excluding public holidays.
The responsibility and onus of providing correct travel details with respect to dates of travel, names of the passengers, class of travel, train details, contact information etc. shall lie absolutely on You/User and Service Provider shall not be responsible for any error with respect to the same.
User agrees that RailYatri shall charge a convenience fee to the User, for each rail e-ticket booking facilitation request received by undertaken by it in addition to the IRCTC price of each e-ticket.
Service Provider shall endeavour to facilitate the booking of each rail e-ticket request as early as possible and within a reasonable time.
With respect to any Cancellation request, Service Provider shall endeavour to facilitate the cancellation request of each rail e-ticket request as early as possible. However, it is understood that Service Provider shall not be responsible or liable for any lapse of cancellability of tickets, difference in expected refund amount or rejection of TDRs (Ticket Deposit Receipt) due to the processing time involved.
Service Provider shall not be responsible for its inability to process and rail e-ticket request due to any Service Outage.
User agrees and understands that due to limitations enforced by IRCTC on the agents, agents can book general quota tickets only 30 minutes after the booking opening time which is 8:00 AM for all classes of travel and with respect to Tatkal Tickets only 30 minutes after the tatkal booking opening time which is 10:00 AM for all A.C classes and 11:00 AM for all SL classes.
User agrees and understands that due to the ephemeral nature of the Tatkal and Current tickets - it is not guaranteed that a confirmed ticket will always be issued against the payment. In instances where a confirmed ticket could not be secured, the User would be given a choice to either ask for a refund or accept a waitlisted ticket.
User agrees and understands that Cancellation fee is as per the extant rules laid by the Indian Railways / IRCTC. These rules are subject to change without any prior notice to the User, as and when decided by Indian Railways/ IRCTC.
User agrees and understands that RailYatri/Service Provider shall not be responsible for any delay, cancellation, accident, mishap with respect to any train journey facilitated through RailYatri which may be undertaken by any person. RailYatri/Service Provider shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/Passenger out of use of any train tickets booked through RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.
User agrees and understands that Service Providers are not in any manner able to source a ticket that is otherwise not available to the common public via IRCTC's consumer website i.e. www.irctc.co.in.
User agrees and understands that in case of wait-listed/RAC tickets, Service Providers cannot guarantee its confirmation.
User agrees and understands that they are under a duty and onus to digitally sign the ERS slip and provide a copy of their photo-identity card while booking a rail e-ticket as per the extant rules of the IRCTC.
8. Meal Delivery on Trains
User may be asked to furnish a copy of the food booking receipt; OTP, train ticket (either in original, copy or SMS), Identity proof at the time of making the delivery. Failure to comply may result in non-delivery of food.
9. Bus Tickets
Use of any Bus Service may be subject to additional terms and conditions of the Service Provider, the User is requested to make himself aware of the same prior to booking any tickets.
Service Provider undertakes that in case where the bus operator changes the type of bus due to any reason, Service Provider will endeavour to refund the differential amount to the User, upon being intimated within 48 hours of the journey.
10. Taxi/Cab bookings
User agrees and understands that they may be asked to furnish a copy of the Cab booking receipt; (either in original, copy or SMS), Identity proof at the time of boarding the vehicle. Failure to comply may result in denial of service.
User shall be liable to pay a Cancellation Charge of Rs.500/- (Rupees five hundred only) if the Cab booking is cancelled within 24 hours of pickup date and time.
If for any reason the Cab driver is late by 30mins or more to reach the pick up point, then the cancellation charge will be waived off in the event of a cancellation request made by the User.
11. Hotel Room Bookings
User agrees and understands that the User may be asked to furnish a copy of the Hotel Room booking receipt; (either in original, copy or SMS), Identity proof at the time of check-in. Failure to comply may result in denial of service.
In case, the hotel operator or aggregator changes the type/class of room due to any reason, Service Provider will refund the differential amount to the User upon being intimated within 48 hours of such intimation. However, such intimation must be made by the User immediately.
12. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
13. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control, natural calamity or force majeure. This condition does not affect your statutory rights.
14. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India.
16. Dispute Resolution
In case any dispute arises under this Agreement, the parties shall first try to resolve the same by way of negotiations after having duly raised the dispute by way of a formal notice to the attention of the other Party.
In case the parties are unable to resolve the said dispute, the same will be resolved by way of a binding arbitration consisting of two arbitrators, one appointed by each party. The seat of the arbitration shall be at New Delhi.
Both the parties shall equally bear the costs of the said arbitration proceedings.