TERMS & CONDITIONS (AGREEMENT)
- CURRENT BOOKING CLOSES 45 MINUTES BEFORE SCHEDULE DEPARTURE
- TERMINAL GATES SHALL BE CLOSED 30 MINUTES BEFORE SCHEDULED DEPARTURE. ENTRY TO THE TERMINAL SHALL NOT BE PERMITTED THEREAFTER. TICKETS OF PASSENGERS / VEHICLES REPORTING AFTER THE TERMINAL GATES CLOSE SHALL BE AUTOMATICALLY CANCELLED AND NO REFUND SHALL BE ISSUED.
- ALL PASSENGERS ARE REQUESTED TO CARRY A VALID PHOTO ID PROOF.
- PASSENGERS ARE REQUESTED TO WEAR THE WRIST BAND ISSUED FROM TICKET COUNTERS THROUGHOUT THE JOURNEY. ABSENCE OF WRIST BAND SHALL ATTRACT A PENALTY OF RS. 500/-. THE WRIST BAND IS YOUR RESPONSIBILITY
- PRIORITY WILL BE GIVEN TO EMERGENCY SERVICES AT ALL TIMES.
- TRUCK DRIVERS ARE REQUESTED TO ENSURE THAT THEY HAVE VALID DRIVING LICENSE AND THAT THE TRUCK IS IN GOOD CONDITIONS\ WITH VALID REGISTRATION, INSURANCE AND FITNESS CERTIFICATE. TRUCK DRIVERS ARE REQUESTED TO PRODUCE BILTI/LR & CHALLAN AT TICKET COUNTER. BOARDING THE FERRY CAN BE DENIED IN THE ABSENCE OF ANY OF THE ABOVE DOCUMENTS.
- SMOKING / SPITTING / CHEWING TOBACCO ON THE FERRY AND WITHIN THE TERMINAL PREMISES IS STRICTLY PROHIBITED AND PUNISHABLE BY LAW. A PENALTY OF RS. 2500/- SHALL BE CHARGED FROM DEFAULTERS
- CARRYING & CONSUMPTION OF ALCOHOL OR DRUGS ON THE FERRY AND WITHIN THE TERMINAL PREMISES IS STRICTLY PROHIBITED AND IS A PUNISHABLE BY LAW
- ALL PASSENGERS ARE REQUESTED TO COOPERATE FOR LUGGAGE / VEHICLE SCANNING.
- MISCONDUCT WITH SECURITY STAFF, TERMINAL STAFF, FERRY CREW AND FELLOW PASSENGERS IS PUNISHABLE BY LAW.
- DAMAGE TO THE FERRY / TERMINAL PROPERTY IS PUNISHABLE BY LAW.
- THE FERRY OPERATOR IS INDEMNIFIED FROM ANY LOSS TO OWNERS BELONGINGS.
- PARKING & BOARDING AT OWNERS RISK.
- RIGHT OF ADMISSION RESERVED.
- Correction of NAME is not permitted in ticket ONCE BOOKED. So please make sure for correct NAME.
- Reporting time should be 1 HOUR prior to departure
- Passenger carry a PHOTO IDENTITY CARD at the time of checking
- Ticket will be valid only till the date of travel prior to departure
- Carriage of security Removed articles will not permitted in hand baggage eg: cutter, knifes, explosives, inflammable etc.
- Passenger belongings carried in hand will be at their own risk carrier is no way liable in any lose or damage from what so it may cause.
- The carrier reserves the right to cancel or change the published voyage for any official purpose and in any manner or to any extent. The carrier shall bear no liability for any loss that passenger may suffer, any consequences thereof or in respect of any changes in scheduled due to Bad weather or technical reason. In this case passenger can either claim full refund or can rescheduled His/her journey on availability.
- The passenger hereby warrants and declares he / she including any accompanying children and / or babies in arms does not suffer from any form of major illness or ailments. The carrier shall not be responsible for any consequences of whatsoever nature resulting from pre-carriage illness / ailments that may manifest during the course of carriage. The passenger undertakes to indemnity and hold the carrier harmless from any and all such consequences.
- This ticket and the carriage of passenger & Vehicle hereunder shall be governed by Indian law, and all disputes and claims (Including but not limited to claims arising out of personal injury) and the carriage of passengers & Vehicles shall be referred to the exclusive jurisdiction of the competent court in Surat, Gujarat, India.
- The carrier shall have no liability whatsoever for any injury of illness arising or resulting from any cause not attributable to any act, neglect, default on the part of the carrier and its servants. a) Check In Counter Closes – 30 Mins. Prior to departure. b) Boarding Closes – 15 Mins Prior to departure.
- Pets and animals not allowed on board the ferry.
- Carrying and consumption of banned substances is strictly prohibited on board the ferry for which you would be arrested and severely prosecute by police. Ferry Operators Indigo Seaways Private Limited sternly warn against carrying of such substances.
- Consumption of outside food is strictly prohibited in the terminal area and onboard the Ferry.
Refund amount allowed otherwise is as per below matrix
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Difference between DOC & DOT % refund > 30days 90% < 30 days and more than 2 days 80% 1 OR DOB = DOT = DOC 0%
REFUND AND CANCELLATION POLICY
Refund will be processed within 10-15 working days after the date of cancellation.
Please note that in case of cancellation of ferry service on account of :
1. Bad/ inclement weather condition.
2. Gujarat Maritime Board(GMB), Govt. of Gujarat’s orders/notice.
3. Technical circumstances.
Ticket booking amount shall be refunded to passenger less taxes/handling charges.
APPLICABILITY OF THE AGREEMENT:
This agreement ("user agreement") incorporates the terms and conditions for Indigoseaways Pvt. Ltd and its affiliate Companies ("ISPL") to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of ISPL by using ISPL's websites or using any other customer interface channels of ISPL which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
Both User and ISPL are individually referred as 'party' to the agreement and collective referred to as 'parties'.
USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT
The Users availing services from ISPL shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by ISPL for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or ISPL with respect to any services to be provided by ISPL shall be restricted to the scope of this agreement.
ISPL reserves the right, in its sole discretion, to terminate the access to any or all ISPL websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of ISPL, including terms and conditions set forth in a ISPL’s' fare rules, contract of carriage or other rules.
ISPL's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not avail ISPL's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other ISPL document, then these terms shall control.
THIRD PARTY ACCOUNT INFORMATION
By using the Account Access service in ISPL's websites, the User authorizes ISPL and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify ISPL immediately in writing of any unauthorized use of their password or account or any other breach of security. ISPL will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
FEES PAYMENT
ISPL reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. ISPL further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by ISPL for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. ISPL is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
CONFIDENTIALITY
Any information which is specifically mentioned by ISPL as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
USAGE OF THE MOBILE NUMBER OF THE USER BY ISPL
ISPL may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, email or by voice call on the contact number / email id given by the User at the time of booking; ISPL may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS, email and/ or voice call by ISPL is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify ISPL against all types of losses and damages incurred by ISPL due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on ISPL with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
ONUS OF THE USER
ISPL is responsible only for the transactions that are done by the User through ISPL. ISPL will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
ADVERTISERS ON ISPL OR LINKED WEBSITES
ISPL is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. ISPL does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of ISPL and ISPL is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ISPL is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by ISPL.
INSURANCE
Unless explicitly provided by ISPL in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and ISPL doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by ISPL shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and ISPL shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
FORCE MAJURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where ISPL may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If ISPL is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to refund the booking amount after deducting reasonable service charges.
The User agrees that in situations due to any technical or other failure in ISPL, services committed earlier may not be provided or may involve substantial modification. In such cases, ISPL shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of ISPL against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
ISPL shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of ISPL arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by ISPL for its services.
In no event shall ISPL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ISPL website(s) or any other channel. Neither shall ISPL be responsible for the delay or inability to use the ISPL websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ISPL website(s), or otherwise arising out of the use of the ISPL website(s), whether based on contract, tort, negligence, strict liability or otherwise.
ISPL is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
SAFETY OF DATA DOWNLOADED
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, ISPL will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
FEEDBACK FROM CUSTOMER AND SOLICITATION:
The User is aware that ISPL provides ferry services and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes ISPL to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to ISPL for specific exclusion at helpdesk@indigoseaways.com. The customers are advised to read and understand the privacy policy of ISPL on its website in accordance of which ISPL contacts, solicits the user or shares the user's information.
PROPRIETARY RIGHTS
ISPL may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by ISPL and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the ISPL services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ISPL website(s)or Otherwise without the express written approval from ISPL.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless ISPL and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ISPL and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and ISPL cannot be held responsible for the same.
REFUSE
ISPL at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by ISPL is not complete until full money towards the service is received from the customer and accepted by ISPL.
Without prejudice to the other remedies available to ISPL under this agreement or under applicable law, ISPL may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
- The user is in breach of this agreement and/or the documents it incorporates by reference;
- ISPL is unable to verify or authenticate any information provided by the user; or
- ISPL believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or ISPL.
Notwithstanding the foregoing, if the user breaches this agreement or the documents it incorporates by reference, ISPL reserves the right to recover any amounts due and owing by the user to ISPL and to take strict legal action as ISPL deems necessary.
RIGHT TO CANCELLATION BY ISPL IN CASE OF INVALID INFROMATION FROM USER
The User expressly undertakes to provide to ISPL only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from ISPL.
In case ISPL discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, ISPL in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, ISPL shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies ISPL of any such claim or liability and shall not hold ISPL responsible for any loss or damage arising out of measures taken by ISPL for safeguarding its own interest and that of its genuine customers. This would also include ISPL denying/cancelling any bookings on account of suspected fraud transactions.
INTERPRETATION NUMBER AND GENDER
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of ISPL Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular ISPL website, then these terms shall control.
RELATIONSHIP
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of ISPL Websites or its partner websites, shall be deemed to constitute a partnership between the User and ISPL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
UPDATION OF THE INFORMATION BY ISPL
User acknowledges that ISPL provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the ISPL websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as ISPL notices them. Changes are/may be periodically made/added to the information provided such. ISPL may make improvements and/or changes in the ISPL websites at any time without any notice to the User. Any advice received except through an authorized representative of ISPL via the ISPL websites should not be relied upon for any decisions.
MODIFICATION OF THESE TERMS OF USE
ISPL reserves the right to change the terms, conditions, and notices under which the ISPL websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
JURISDICTION
ISPL hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. ISPL considers itself and intends to be subject to the jurisdiction only of the courts of SURAT, Gujarat.
RESPONSIBILITIES OF USER VIS-À-VIS THE AGREEMENT
The User expressly agrees that use of the services is at their sole risk. ISPL may change the features or functionality of the services at any time, in their sole discretion, without notice. ISPL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from ISPL or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the ISPL pages or otherwise use any of the contents, pages, information or any other material provided by ISPL. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying ISPL in writing.