TERMS AND CONDITIONS
FOR RO-PAX FERRY SERVICE FROM FERRY WHARF TO MANDWA
- TICKET IS VALID ONLY FOR THE SPECIFIC DATE & TRIP TIMING BOOKED. CHANGES/REFUND IF ANY ARE APPLICABLE AS PER THE RULES SPECIFIED
- ONLINE BOOKING CLOSES 45 MINUTES BEFORE SCHEDULED DEPARTURE SUBJECT TO SEAT AVAILABILITY.
- REPORTING TIME: 45 MINUTES PRIOR TO DEPARTURE. CHECK-IN AND GATES CLOSE 15 MIN PRIOR. PASSENGERS WITH CONFIRMED TICKETS WHO NOT ARRIVE BEFORE CHECK IN CLOSES ARE TREATED AS NO SHOW.
- PASSENGERS, WHO ARRIVE AT THE TERMINAL AFTER CHECK IN CLOSURE, WILL BE GIVEN THE OPTION TO BE REBOOKED ON ANOTHER TRIP, ON THE SAME DAY WITH A 50% SURCHARGE, SUBJECT TO AVAILABILITY ONLY. IF PASSENGER DOES NOT OPT FOR THIS OPTION OR IF SEATS ARE NOT AVAILABLE, NO REFUND IS APPLICABLE.
- ALL PASSENGERS ARE REQUESTED TO CARRY A VALID GOVERNMENT ISSUED PHOTO ID PROOF.
- ALL PASSENGERS REQUIRE A TICKET. CHILDREN AGED 3 AND BELOW ARE TREATED AS INFANTS AND WILL BE ISSUED A TICKET AT NO COST. ALL PASSENGERS ABOVE 3 YEARS REQUIRE A FULL TICKET.
- PRIORITY WILL BE GIVEN TO EMERGENCY SERVICES AT ALL TIMES.
- VEHICLE DRIVERS MUST HAVE A VALID DRIVING LICENSE, VEHICLE REGISTRATION AND INSURANCE DOCUMENTS ON PERSON. DOCUMENTATION MAY BE REQUESTED FOR SECURITY AND VERIFICATION. BOARDING THE FERRY CAN BE DENIED IN THE ABSENCE OF ANY OF THE ABOVE AT THE DISCRETION OF THE OPERATOR.
- SMOKING / SPITTING / CHEWING / TOBACCO ON THE FERRY AND WITHIN THE TERMINAL PREMISES IS STRICTLY PROHIBITED AND PUNISHABLE BY LAW. A PENALTY OF UP TO RS. 5000/- PER OFFENCE SHALL BE CHARGED FROM DEFAULTERS AT THE DISCRETION OF THE OPERATOR.
- PASSENGERS ARE REQUIRED TO WEAR A MASK AT ALL TIMES. NOT WEARING A MASK IS PUNISHABLE BY LAW. A PENALTY OF UP TO RS. 1000/- SHALL BE CHARGED FROM DEFAULTERS AT THE DISCRETION OF THE OPERATOR.
- TAKING OR ASSISTING IN TAKING ANY PHOTOGRAPHS OR VIDEOS OR USING ANY DIGITAL DEVICE FOR CLICKING PHOTOS OR MAKING VIDEO FILMS IS NOT PERMITTED WHILE YOU ARE IN THE FERRY FOR COMMERCIAL USE, UNLESS EXPRESSLY ALLOWED BY THE OPERATOR.
- CARRYING & CONSUMPTION OF DRUGS ON THE FERRY AND WITHIN THE TERMINAL PREMISES IS STRICTLY PROHIBITED AND IS PUNISHABLE BY LAW.
- CARRYING & CONSUMPTION OF OUTSIDE ALCOHOL ON THE FERRY AND WITHIN THE TERMINAL PREMISES IS STRICTLY PROHIBITED AND IS PUNISHABLE BY LAW.
- ALL PASSENGERS ARE REQUESTED TO COOPERATE FOR LUGGAGE / VEHICLE SCANNING.
- MISCONDUCT WITH M2M STAFF, FERRY CREW AND FELLOW PASSENGERS IS PUNISHABLE BY LAW.
- DAMAGE TO THE FERRY / TERMINAL PROPERTY IS PUNISHABLE BY LAW. AND PENALTY CAN BE CHARGED AS PER DISCRETION OF THE OPERATOR.
- SPITTING, LITTERING, OR DEFECATING AND WRONGFUL PARKING SHALL BE PUNISHABLE BY LAW.
- THE CARRIAGE OF ANIMALS THAT ARE NOT PETS IN THE CUSTOMARY SENSE, AND OF PETS TRAVELING WITHOUT AN ACCOMPANYING PERSON (REFERRED TO AS “ANIMAL OWNER”) IS PRECLUDED. PET ANIMALS AND BIRDS ARE ONLY ALLOWED IN THE DESIGNATED PET AREAS OF THE FERRY. ONLY PASSENGERS WITH VEHICLES OR SUITABLE SPECIAL EQUIPMENT (E.G. LOCKABLE TRAILERS), ARE ALLOWED TO BRING PETS ON BOARD. ALL PETS MUST REMAIN INSIDE THE VEHICLES OR IN THE DESIGNATED PET AREA WHILE ON BOARD AND MUZZLES AND LEASH ARE MANDATORY FOR ALL PETS BOARDING THE FERRY.
- IF THE PASSENGER IS TRAVELLING WITH A PET, THIS MUST BE DECLARED AT THE TIME OF BOOKING AND IN ADVANCE OF TRAVEL. THE OPERATOR IS ENTITLED TO CHECK PRIOR TO DEPARTURE, WITHOUT BEING OBLIGATED TO DO SO, WHETHER TO PERMIT OR NOT PERMIT THE PET(S).
- THE ANIMAL OWNER SHALL BE LIABLE FOR ANY SOILING ON THE FERRY AND ITS INSTALLATIONS CAUSED BY THE ANIMAL. IF THE ANIMAL OWNER FAILS TO REMOVE THE SOILING PROMPTLY AND/OR FAILS TO DO SO PROPERLY, OPERATOR SHALL INVOICE THE ANIMAL OWNER FOR THE CLEANING COSTS, WITH THE MINIMUM CHARGES BEING RS. 3,000/-.
- THE OPERATOR SHALL NOT BE RESPONSIBLE FOR THE HEALTH AND SAFETY OF ANY PETS BROUGHT ON BOARD.
- CORRECTION OF NAME IS NOT PERMITTED IN TICKET ONCE BOOKED SO PLEASE MAKE SURE TO BOOK USING THE CORRECT NAME.
- FOR SAFETY REASONS, PASSENGERS ARE NOT PERMITTED TO CARRY INFLAMMABLE LIQUIDS, EXPLOSIVES, CORROSIVES, ARMS AND AMMUNITIONS AND ANY OTHER HARMFUL ARTICLES.
- THE OPERATOR IS AT LIBERTY TO REMOVE ANY HARMFUL OBJECTS INCLUDING BUT NOT LIMITED TO - CUTTERS, KNIVES, EXPLOSIVES AND INFLAMMABLES TO ENSURE SAFETY OF ALL PASSENGERS AND STAFF.
- EMERGENCY FIRST AID FOR PASSENGERS WILL BE AVAILABLE AT ALL TIMES.
- THE OPERATOR IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PASSENGER BELONGINGS OR ANY ISSUES CAUSED BY PETS ON BOARD.
- PASSENGERS ARE TO TRAVEL, PARK AND BOARD AT THEIR OWN RISK AND THE OPERATOR/COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE, ACCIDENT, DEATH OR LOSS OF LIFE.
- RIGHT OF ADMISSION RESERVED.
- ALL BAGGAGE CARRIED BY THE PASSENGERS WILL BE AT THEIR OWN RISK. THE OPERATOR IS NO WAY LIABLE FOR ANY LOSS OR DAMAGE THAT MAY BE CAUSED TO THE PASSENGER BELONGINGS (INCLUDING HAND BAGGAGE) ONCE THE PASSENGER HAS CHECKED IN UNTIL THEY DISEMBARK THE VESSEL. OPERATOR PROVIDES A SMALL AREA FOR PASSENGERS TO KEEP BAGGAGE ON THE VEHICLE DECK. HOWEVER OPERATOR TAKES NO RESPONSIBILITY FOR ANY DAMAGE OR LOSS THAT MAY OCCUR. PASSENGERS MAY LEAVE THE BAGGAGE FOR STORAGE DURING VOYAGE AT THEIR OWN RISK. PASSENGERS MUST NOT LEAVE ANY VALUABLES IN THEIR BAGGAGE AT ANY TIME.
- THE OPERATOR IS NOT LIABLE FOR DAMAGE OR LOSS CAUSED BY ROADWORK, COMPLICATED TRAFFIC CONDITIONS, LACK OF ROAD MARKINGS OR INSTRUCTIONS, ABNORMAL WATER LEVELS OR OTHER CONDITIONS, WHEN DRIVING ON THE TERMINAL AREA, RAMPS OR SIMILAR, EVEN IF THE OPERATOR OR ITS EMPLOYEES COULD HAVE NOTICED THESE CONDITIONS AT THE TIME THE PASSENGER PASSES THE TICKET OFFICE, FOOTBRIDGES OR WHEN DRIVING ON BOARD THE VESSEL OR ASHORE FROM THE FERRY.
- THE OPERATOR IS NOT LIABLE FOR DAMAGES TO VEHICLES CAUSED BY THE VEHICLE BEING LOWERED, MOVED OR HEAVILY LOADED. IN ADDITION, THE OPERATOR IS NOT LIABLE FOR DAMAGE ON ANY SPECIAL EQUIPMENT, INCLUDING LUGGAGE ATTACHED TO THE OUTSIDE OR TOP OF THE VEHICLES AND WHICH IS DAMAGED WHEN THE FERRY IS IN MOTION.
- NO REFUND FOR DOWNGRADING OF SEAT OR VEHICLE IS PERMITTED ONCE TICKET IS ISSUED.
- NO REFUND FOR ANY SURCHARGE PAID.
- PASSENGERS MAY REQUEST FOR AN UPGRADE OF SEAT ALREADY SELECTED SUBJECT TO AVAILABILITY AND BY PAYING FARE DIFFERENCE
- ALL PASSENGERS AND VEHICLES ARE SUBJECT TO SECURITY CHECKS AT OPERATOR’S DISCRETION.
- THE OPERATOR IS NOT LIABLE TO ANY LOSS OR DAMAGE TO LUGGAGE BEING HANDLED BY ANY EMPLOYEE OR REPRESENTATIVE OF M2M FERRIES PVT. LTD.
- NON-VEHICLE PASSENGERS ARE ALLOWED ONLY 1 HAND BAGGAGE PER PASSENGER, THE HAND BAGGAGE SHALL NOT BE BIGGER IN DIMENSIONS THAN 55 cm (length) X35 cm (breadth) X25 cm (height).
- NO CARGO/GOODS VEHICLES PERMITTED.
- LOST TICKETS WILL RESULT IN ISSUANCE OF A NEW TICKET AT FULL PRICE.
- UNAUTHORISED PARKING WILL BE SUBJECTED TO VEHICLE CLAMPING AND THE VEHICLE OWNER MAY INCUR RELEASE FEES.
- CONSUMPTION OF OUTSIDE FOOD/DRINKS IS STRICTLY PROHIBITED IN THE TERMINAL AREA AND ONBOARD THE FERRY.
- DRINKING AND DRIVING IS STRICTLY PROHIBITED IN THE TERMINAL AREA AND ON THE FERRY. THE OPERATOR RESERVES THE RIGHT TO TAKE APPROPRIATE ACTION IF SUCH BEHAVIOUR IS OBSERVED.
- PASSENGERS ARE TO TRAVEL AT THEIR OWN RISK AND THE OPERATOR/COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE, ACCIDENT, DEATH OR LOSS OF LIFE
- MUSIC SYSTEM WILL BE OPERATED AT THE DISCRETION OF THE OPERATOR.
- TICKETS MAY ONLY BE ISSUED BY M2M FERRIES PVT. LTD. AND ITS AUTHORISED BOOKING PARTNERS.
ADDITIONAL TERMS AND CONDITIONS
- The Operator reserves the right to cancel or change the published voyage for any official purposes and in any manner or to any extent. The Operator shall bear no liability for any loss that a passenger may suffer, any consequences thereof or in respect to any changes in the schedule due to bad weather or any technical reasons. In this case, the passenger can either claim a full refund or can reschedule his/her journey on availability.
- The passenger hereby warrants and declares he/she includes any accompanying children and/or babies in arms does not suffer from any form of major illness or ailments. The Operator shall not be responsible for any consequences of any nature resulting from pre-carriage illness/ailments that may manifest during the course of carriage. The passenger undertakes to indemnity and holds the Operator harmless from any and all such consequences.
- Boarding involves the acceptance by the passenger of risks related to the absence of on-board service (specialistic) and suitable facilities to handle emergencies related to pregnancy status, as well as to the specific nature of sea transport with consequent difficulties to access external assistance, with consequent indemnification and exemption from any and all liability of M2M Ferries and of all staff of the same.
- The Operator shall have no liability whatsoever for any injury or illness arising or resulting from any cause not attributable to any act, neglect, default on the part of the Operator and its servants.
- The 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 Mumbai, India.
- The carrier shall have no liability whatsoever for any injury or illness arising or resulting from any cause not attributable to any act, neglect, or default on the part of the carrier and its team.
MODIFICATION AND CANCELLATION POLICY
- 8.1. No show tickets are non refundable and non modifiable.
- 8.2. All tickets are non-transferable.
- 8.3. Please note that in case of cancellation of ferry service on account of:
ticket booking amount shall be refunded to the passenger less taxes/handling charges.
- a. Bad/ inclement weather condition,
- b. Maharashtra Maritime Board(MMB), Govt. of Maharashtra’s orders/notice,
- c. Technical circumstances,
- 8.4. If a passenger arrives upto 10 minutes late and is unable to board the ferry, the following will apply:
- 8.4.1. If seats are available on the same day, the passenger will be rebooked with a 50% surcharge.
- 8.4.2. If there are no seats or if the passengers declines to travel, the ticket will be treated as a no-show. No-show tickets cannot be used for a future date.
- 8.5. For bookings up to 25 passengers*, the following cancellation and modification policy will be followed:
- *For passengers purchasing tickets for Skoda Superb Lounge, no modification until 2 hours to departure.
- For passengers requesting for trip change, penalty/ fare difference will be applied as above. No fare difference will be refunded.
- 8.6. Above policy is only valid for individual bookings with a maximum of 25 passengers. For group bookings above 25 passengers kindly contact the operator for cancellation and modification policy.
- 8.7 Refunds to be processed on base charge only, that is, excluding extra charge but not limited to modification surcharge.
- 8.8 Refunds processing time: Upto 14 -18 working days and the amount will be refunded to the customer’s source account.
- 8.9 On request from passenger, M2M Ferries is liable to provide ARN (Acquirer Reference Number) or UTR (Unique Transaction Reference Number) to the passenger for refunds made to the passenger. However, in an event of non-receipt of such a refund in the designated Bank Account it will be the responsibility of the passenger to provide M2M Ferries with the set of documents required to support the claim of non-receipt.
- 9.1. Luggage of 10 (ten) kg per passenger will be allowed, above which charges will apply. Passengers must contact the Operator for further information.
- 9.2. Non-vehicle passengers are allowed only 1 hand baggage per passenger, the hand baggage shall not be bigger in dimensions than 55 cm (length) x35cm (breadth) x25cm (height).
- 9.3 For every additional luggage carried outside the permissible limits, Rs 200 per baggage will be levied.
- 9.4 Operator reserves the right to refuse the boarding of additional luggage outside the permissible limit.
- 9.5 Goods intended for resale, as trade samples or goods that are to be used commercially are not considered as luggage and must be registered as freight before departure. Passengers are required to contact the Operator in advance for the additional cost of this freight.
- 9.6. Freight includes but is not limited to, goods which the passenger may not bring as cabin luggage during the transportation and luggage which the passenger may not keep in his/her vehicle. It shall include:
- a. Goods that occupy space in the Ferry’s cargo hold;
- b. Goods loaded in vehicles when the goods weight exceeds 150 kg and the goods are transported as a part of a commercial business; and
- c. Buses and similar vehicles in professional, regular or charter traffic for public transportation of passengers.
- d. Luggage or freight that may cause danger or material inconvenience to the Ferry or to life or other Passenger’s property shall not be taken on board, without the consent of the Operator. Such luggage/ freight must be reported to the Operator no later than 24 hours before departure, after which the Operator informs the Passenger whether or how the dangerous luggage/ freight may be transported
- 9.7. The Operator reserves the right to bring ashore, remove or destroy unreported dangerous goods, without any liability for damages incurring on the Operator.
- 9.8. The passenger is responsible and liable towards the Operator, for direct and indirect damage incurred by the Operator or the Ferry, caused by dangerous goods that the passenger has not reported to the Operator in accordance with above.
SAFETY AND SECURITY
- 10.1. The passenger must pay attention to and comply with all regulations and notices relating to the safety and security of our Ferry, her crew and passengers and the terminal facilities. For these reasons, the passenger must be prepared to allow on request to conduct a search of such passenger, his/her vehicle or baggage(s) by any authorised person of the Operator and to answer any questions asked thereof. If the passenger does not agree to any such request or cannot verify the content of the baggage then the passenger will not be allowed to travel, no refunds will be provided and we shall otherwise have no other liability to the passenger.
- 10.2. The passenger is expected at all times to conduct himself/herself in a manner which respects the health, comfort and safety of all other persons on board. The passenger is also expected to comply with instructions/requests made by a member of our staff. If the passenger does not comply, or if in our opinion the passenger’s conduct is likely to give cause for concern, we reserve the right to refuse to allow the passenger to embark or require that the passenger disembarks and/or leaves the terminal facilities. Under such circumstances, the Operator will not refund any money that the passenger has paid for buying the ticket and shall have no liability to the passenger as a result of the cancellation of the passenger’s travel.
- 10.3. The Operator will accept vehicles powered by any fuel type, provided the vehicle has been designed, built and certified for road use by the principal manufacturer and has a valid registration document.
- 10.4. The passenger must lock his/her vehicle and leave it in gear with the handbrake on. All vehicle alarms must be switched off and disabled when parked on the vehicle deck. Do not carry fuel cans on board - full or empty.
- 10.5. Access to the vehicle deck is forbidden during the crossing. It is therefore important that the passenger takes everything he/she needs on the passenger decks with himself/herself, especially his/her vehicle’s keys.
- 10.6. Vehicle passengers are only allowed to take one item of hand luggage per person onto the passenger decks.
- 10.7. If the passenger forgets to take back any of his/her personal property after the end of journey, the Operator may dispose of it after a reasonable period of time and shall not be held responsible.
- 10.8. If for any reason (other than fault on our part), the passenger, passenger’s personal property and/or his/her vehicle are not disembarked at the end of his/ her journey, the passenger and/or they may be returned at our discretion to the Terminal and we will be entitled to charge you an appropriate fare.
- 10.9. Parents/Guardians/Group Leaders should not permit children to run around the Ferry or use lifts if unaccompanied. Parents/guardians and group leaders are required to supervise their children at all times.
The Operator reserves the right to claim from the passenger for any damage sustained to the Ferry or Terminal property due to any malicious, wilful or negligent damage caused by the passenger or any other person travelling as part of the passenger’s booking.
- 12.1. The Operator shall not be liable for loss of or damage to cash, negotiable securities, gold, silverware, jewellery, ornaments, works of art or any other valuables.
- 12.2. The Operator shall not be liable for any losses, damages or expenses arising from delay or for consequential losses howsoever arising. In no circumstances shall the Operator be liable to the passenger for any loss, damage, death, personal injury or expense of any nature which arises out of:
- a. the passenger’s fault or that of any person travelling with the passenger, or
- b. the act or omission of any third party who has no connection with the provision of the services we have agreed to provide to the passenger where such act or omission is unforeseeable or unavoidable by the Operator, or
- c. any unusual or unforeseeable circumstances outside the Operator’s control where the consequences could not have been avoidable even with the exercise of all due care by the Operator.
- 12.3. From time to time, sailing schedules may be interrupted or changed and crossing times may be extended due to adverse weather conditions or other operational circumstances beyond our control. The Operator cannot accept liability for any costs or inconvenience caused by such delays. In these circumstances, the Operator will do its best to advise the passenger of any delays/ cancellations
- 12.4. The Operator cannot accept liability for any costs or inconvenience caused by delays in the passenger’s arrival at the Terminal.
NOTICE OF LOSS OR DAMAGE TO LUGGAGE/ FREIGHT
- 13.1. Passengers whose luggage is damaged during the journey shall notify the Operator in writing of such damage:
- a. if the damaged luggage is a cabin luggage and the damage is apparent, notification to the Operator shall be done before or at the time of the disembarkation of passenger;
- b. if the damaged luggage is freight and the damage is apparent, notification to the Operator shall be done at the time of delivery of the freight; or
- c. if the damaged luggage/freight is not apparent, the complaint must be made within 24 hours from the date of disembarkation.
PERIOD OF LIMITATION TO FILE CLAIM
- 14.1. Any cause of action or claim the passenger may have arising out of or relating to these terms and conditions or the services must be commenced as soon as the incident has occurred and/or before the passenger exits from the Terminal facility/the vessel, otherwise, such cause of action or claim shall be barred due to lapse of limitation period.
PROVISIONS REGARDING DISABLED PERSONS & PERSONS WITH REDUCED MOBILITY
- 15.1.1 The Operator strives to enable transport for all passengers. Passengers who require special assistance due to disability before, during or after the trip, need to notify the Operator regarding the need for assistance when booking the trip. A booking of this type needs to be carried out at least 48 hours before the time of departure. If such notification is not carried out, the Operator cannot guarantee the passenger embarkation, and could in some cases be forced to refuse the passenger to embark. Disabled persons and persons with reduced mobility who request special assistance must, when indicated by the Operator, arrive at the point and at the time as designated by the Operator in writing, at earliest 60 minutes before the designated embarkation time, or, if no embarkation time is stipulated, no later than 60 minutes before the departure time according to the schedule.
USER'S RESPONSIBILITY OF COGNIZANCE OF THESE TERMS AND CONDITIONS
- 16.1. The users availing services from the Operator shall be deemed to have read, understood and expressly accepted the terms and conditions of these terms and conditions, which shall govern the desired transaction or provision of such services by the Operator for all purposes, and shall be binding on the user. All rights and liabilities of the user and/or Operator with respect to any services to be provided by the Operator shall be restricted to the scope of these terms and conditions.
- 16.2. Operator reserves the right, in its sole discretion, to terminate the access to its website or its other sales channels and the related Services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
- 16.3. Operator's services are offered to the user conditioned on acceptance without modification of all the terms, conditions and notices contained in these terms and conditions. It is clarified that availing of the services by the user constitutes an acknowledgement and acceptance by the user of these terms and If the user does not agree with any part of such terms, conditions and notices, the user must not avail the Operator's services.
- 16.4. 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 of the Operators documents, then these terms shall control.
- 16.5. The Passenger is required to keep the ticket diligently to justify the right to travel and to exhibit it to any officer of the vessel or representative of the Carrier who requests this.
- 17.1. The Operator reserves the right to charge transaction fees based on certain completed transactions using the services. The Operator further reserves the right to alter any and all fees from time to time, without notice.
- 17.2. The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
- 17.3. In case, there is a short charge by the Operator of the service fees or transaction fee or any other fee or service because of any technical or other reason, the Operator reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
- 17.4. In the event of a major increase in fuel costs, a surcharge may be payable for fuel price adjustment, which may be collected directly at the boarding office on the day of departure or at time of booking.
- 17.5. In the rare possibility of the reservation not getting confirmed for any reason,, we will process the refund and intimate you of the same. The Operator 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.
- 18.1 Any information which is specifically mentioned by the Operator as confidential shall be maintained confidential by the user and shall not be disclosed unless as required by law or to serve the purpose of these terms and conditions and the obligations of the Operator and the user.
USAGE OF THE MOBILE NUMBER OF THE USER BY OPERATOR
- 19.1 The Operator may send booking confirmation, cancellation, payment confirmation, booking status, schedule change or any such other information relevant for the transaction, via SMS, email, voice call or by any digital means. The Operator may also contact the user by voice call, SMS or email in case the user could not or has not concluded the booking, for any reason whatsoever The user hereby unconditionally consents that such digital communications via SMS, WhatsApp, email and/ or voice call by the Operator 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 the Operator against all types of losses and damages incurred by Operator 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 operator 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
- 20.1. The Operator is responsible only for the transactions that are done by the user through the Operator. The Operator 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.
- 20.2. 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.
- 20.3. The user represents and confirms 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.
CARRIAGE OF PETS AND OTHER ANIMALS
- 21.1. As an exception and until revoked by the Operator, small animals may be transported in corresponding carry-on containers from which they cannot escape, and/or on a leash, such containers with pets will be carried in vehicles only. In any event, it must be ensured that the pets brought on board are constantly being supervised by the animal owner and that they do not represent any nuisance and/or hazard for other passengers and their luggage/vehicles, nor for the crew and the vessel. Any instructions issued in this regard by the Operator are to be followed without any failure.
- 21.2. Pets are not allowed to be brought into the restaurant or any area on board where food is being prepared or served unless this has been permitted by the Operator.
- 21.3. Where the animal owner repeatedly violates the above conditions of carriage for animals on board the Ferry, in spite of being warned, and in particular fails to keep a pet on a leash or to wear a muzzle, the Operator is entitled, without being obligated to do so, to take the animal into its custody and to return it to the animal owner only upon the latter disembarking from the Ferry, and/or to have the animal and the animal owner disembark from Ferry. Operator shall invoice the animal owner for taking custody of the animal and for having the animal and its owner disembark for a minimum cost allowance of INR 5,000 (Indian Rupees Five Thousand only).
- 21.4. Notwithstanding anything stated herein these Terms and Conditions, the passenger (animal owner) hereby agrees and indemnifies the Operator from any liability which may arise owing to pets travelling on Ferry and understands that the Operator provides no insurance or any kind of liability coverage/medical facility for pets for any injury/loss of life/death etc which could be sustained during their stay on board Ferry or within the terminal premises.
ADVERTISERS ON OPERATOR OR LINKED WEBSITES
- 22.1. The Operator 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. The Operator 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.
- 22.2. The linked sites are not under the control of the Operator and the Operator 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. The Operator 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 the Operator.
- 23.1. The Operator shall in respect of the services, maintain such insurance coverage for the users as required under the applicable law.
- 23.2. Insurance, if any, provided as a part of the service by the Operator shall only provide such coverage as required under the applicable law and as be governed by the terms and conditions of the concerned insuring company. The user shall contact the Operator, to enquire about the insurance details and the concerned insurance company to whom the user shall contact for raising any claims or disputes. Notwithstanding anything stated hereinabove, the Operator does not provide any express or implied undertakings for acceptance of the claims by the concerned insurance company.
- 23.3. The Operator shall only be liable to pay for such insurance claims which have been accepted by the insurance company and only to such extent as has been covered under the relevant insurance policy.
FORCE MAJURE CIRCUMSTANCES
- 24.1. The user agrees that there can be exceptional circumstances where the Operator may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, trip cancellations, etc. If the Operator deems that it is informed sufficiently in advance of such situations where dishonour of bookings may happen, it will on best endeavor basis try to modify bookings as per company policy.
- 24.2. The user agrees that in situations due to any technical or other failure in the Operator, services committed earlier may not be provided or may involve substantial modification. In such cases, the Operator 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 the Operator against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the user.
- 24.3. The Operator shall not be liable for delays or inabilities in performance or non-performance 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 an event, the user affected will be promptly given notice as the situation permits.
- 24.4. Without prejudice to all that is stated above, the maximum liability on part of the Operator arising under any circumstances with respect to any services offered, shall be limited to the refund of the total amount received from the customer for availing the services less any cancellation, refund or other charges, as may be applicable. In no case will the liability include any loss, damage or additional expense whatsoever beyond the amount charged by the Operator for its services.
- 24.5. In no event shall the Operator 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
OPERATOR WEBSITE(S) OR ANY OTHER CHANNEL.
- 25.1. Neither shall the Operator be responsible for the delay nor inability to use the Operator websites or third party websites authorised by the Operator, related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Operator website(s), or otherwise arising out of the use of the Operator website(s), whether based on contract, tort, negligence, strict liability or otherwise.
- 25.2. The Operator 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.
ENROLLMENT AND USE
- 26.2. If the user uses the Operator’s website, the user is bound to maintain the confidentiality of user account and password and for restricting access to the user’s account. The user shall be responsible for all activities that occur under the user’s account. The user shall notify the Operator immediately of any unauthorized use of the user account or any other breach of security. The Operator reserves the right to alter or cancel the subscription made by the User, terminate accounts or remove or edit any content thereof in its sole discretion.
- 26.3. The user authorizes the Operator and/or authorized third parties to retain the information shared or submissions made by the user for the purpose of using the Operator’s website and for any marketing campaign of the Operator and/or third-party service providers.
- 26.4. At any point in time, the user can choose to unsubscribe from the newsletters, e-mails or any other information and communication which the user may receive from the Operator.
- 26.5. The user experience may vary depending on the type of the device and the operating system that the user uses and the Operator accepts no responsibility for any lack of functionality due to the user’s equipment (including the user’s device, internet connection, operating system or settings and software).
- 26.7. When a user creates a booking on the application and website as a guest, the operator's system automatically creates a customer profile and assigns a customer ID to the user. The user has agreed to be logged into the website and application and authorized the operator to retain its information shared or submissions made by the user. The user will be logged in until he chooses to log out.
THIRD PARTY CONTENT
- 29.2. The Operator collects only such Personal Information that is believed to be relevant and is required to understand User’s interest. The Operator collects the personal information in order to record, support and facilitate effective availability and delivery of the Services offered on the Operator’s website and that the user selects to track its preferences; to provide the user with a customized relevant experience of the Operator’s website; to notify the user of any updated information and new offers and other related functions offered by the Operator; to assist the Operator with customer service or technical support issues; or for such other purposes as the Operator may deem fit to prevent fraud and unlawful use of the Operator’s website.
- 29.3. By accepting these terms and conditions, the user hereby gives unconditional consent to the collection, storage and use of its personal information in accordance with these terms and conditions,irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from M2M Ferries for the above mentioned purposes till 365 days of your registration with us.
USAGE OF PERSONAL INFORMATION
- 30.1. We do not trade, sell or transfer user’s personal information in any manner, except as specified herein to which the user expressly consents. The user acknowledges, consents and agrees that the Operator may access, preserve and disclose its personal information if required by law or in good faith, if the Operator believes that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these terms and conditions; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to User requests for customer service; or (v) to protect the rights, property, or personal safety of the Operator, its other customers and the public.
- 30.2. Personal information provided by the user is used only:
- a. to facilitate the user’s use of the Operator’s website;
- b. to respond to the user’s inquiries or fulfil the user’s requests for information about the various services;
- c. to provide the user with information about the product(s) and to send the user information, materials, newsletters and offers;
- d. to send the user important information regarding the Operator’s website, changes to the terms and conditions of the Operator’s website and policies and/or other administrative information;
- e. to help the user address problems with the Operator’s website;
- f. for proper administration of the Operator’s website;
- g. to conduct internal reviews and data analysis for the Operator’s website (e.g., to determine the number of visitors to the Operator’s website);
- h. to improve the service or the content on the Operator’s website;
- i. to protect the integrity of the Operator’s website.
- 30.3. Some of the user’s Personal Information may be shared with and used by third parties who shall need to have access to information, such as credit card processing companies, etc. to enable them and the Operator to perform their duties and fulfil User’s order requirements. We do not allow any unauthorized persons or organization to use any Personal Information that the Operator’s website may collect from the User. However, the Operator is not responsible for any information including Personal Information collected or shared or used by any other third-party website due to User’s browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse User’s information that they collect from the Operator’s website. Therefore, although the Operator uses industry standard security practices to protect User privacy, the Operator does not promise, and the user should not expect, that the Personal Information or private communications would always remain private.
- 30.4. When User uses the Operator’s website, the Operator may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), browser type and language, viewed and exit pages. The Operator uses this information to better understand our users' operating systems, for system administration and to audit the use of the app. We do not use this data to identify the name, address or other personal details of any individual.
- 30.5. Notwithstanding anything contained in herein or elsewhere, the Operator shall not be held responsible for any loss, damage or misuse of the user’s personal information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
SAFETY OF DATA DOWNLOADED
- 31.1. 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.
- 31.2. Nevertheless, the Operator will always make its best endeavours 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:
- 33.1. The Operator 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.
- 33.2. The Operator’s name(s), logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of the Operator or its affiliates or licensors. The user shall not use such marks without the prior written permission of the Operator. All other names, logos, product and service names, designs and slogans on the Operator’s digital platforms are the trademarks of their respective owners.
- 33.3. No license or right is granted by implication, estoppel or any other means to use any trademark appearing on the digital platforms.
- 33.4. The user may use this material only as expressly authorized by the Operator and shall not copy, transmit or create derivative works of such material without express authorization.
- 33.5. The user acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the services that are protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
- 33.6. 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.
- 33.7. If the user is unsure whether a trademark, service mark, logo or graphic is the property of the Operator, or if the user has any questions about the use of the Operator’s trademarks, then please contact the Operator. The Operator aggressively enforces its intellectual property rights and will actively seek the recovery of any fees, costs and damages it may incur preventing the misuse or misappropriation of its intellectual property.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
- Unless otherwise specified, the Operator 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 Operator website(s)or otherwise without the express written approval from Operator.
- 35.1. The user agrees to indemnify, defend and hold harmless the Operator 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 the Operator 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 these terms and conditions.
- 35.2. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and the Operator cannot be held responsible for the same.
- 36.1. The Operator at its sole discretion reserves the right to not to accept any user order without assigning any reason thereof. Any contract to provide any service by the Operator is not complete until full money towards the service is received from the user and accepted by the Operator.
- 36.2. Without prejudice to the other remedies available to the Operator under these terms and conditions or under applicable law, the Operator 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 (i)The user is in breach of these terms and conditions and/or the documents it incorporates by reference; the Operator is unable to verify or authenticate any information provided by the user; or the Operator 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 the Operator.
- 36.3. The Operator may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended, the user shall not register or attempt to register with the Operator or use the website in any manner whatsoever until such time that the user is reinstated by the Operator.
- 36.4. Notwithstanding the foregoing, if the user breaches these terms and conditions or the documents it incorporates by reference, the Operator reserves the right to recover any amounts due and owing by the user to the Operator and to take strict legal action as the Operator deems necessary.
RIGHT TO CANCELLATION BY OPERATOR IN CASE OF INVALID INFORMATION FROM USER
- 37.1. The user expressly undertakes to provide to the Operator only correct and valid information while requesting for any services under these terms and conditions, and not to make any misrepresentation of facts at all. Any default on part of the user would vitiate these terms and conditions and shall disentitle the user from availing the services of the Operator.
- 37.2. In the case that the Operator 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/her, the Operator in its sole discretion shall have the unrestricted right to take any steps against the User(s), including but not limited to cancellation of the bookings, etc. without any prior intimation to the user. In such an event, the Operator 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.
- 37.3. The user unequivocally indemnifies the Operator of any such claim or liability and shall not hold the Operator responsible for any loss or damage arising out of measures taken by the Operator for safeguarding its own interest and that of its genuine customers. This would also include the Operator denying/cancelling any bookings on account of suspected fraud transactions.
- 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 these terms and conditions as a whole.
- If any provision of these terms and conditions 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 these terms and conditions shall continue to be in full force and effect.
- 40.1. 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 these terms and conditions, terms and conditions, notices, or the right to use this website by the user contained herein or any other section or pages of the Operator websites or its partner websites or any provision hereof in any manner whatsoever.
- 40.2. 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 Operator website, then these terms shall control.
- 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 Operator websites or its partner websites, shall be deemed to constitute a partnership between the user and the Operator and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
UPDATING OF THE INFORMATION BY OPERATOR
- The user acknowledges that the Operator provides services with reasonable diligence and care. The Operator endeavours its best to ensure that the user does not face any inconvenience. However, in some instances, the information, software, products, and services included in or available through the Operator’s websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as the Operator notices them. Changes are/may be periodically made/added to the information provided. The Operator may make improvements and/or changes in the Operator websites at any time without any notice to the user. Any advice received except through an authorized representative of the Operator via the Operator websites should not be relied upon for any decisions.
MODIFICATION OF THESE TERMS AND CONDITIONS
- The Operator reserves the right to change the terms, conditions, and notices under which the Operator websites are offered, including but not limited to the charges. The user is responsible for regularly reviewing these terms and conditions.
RESPONSIBILITIES OF USER VIS-À-VIS THESE TERMS AND CONDITIONS
- The user expressly agrees that use of the services is at their sole risk. The Operator may change the features or functionality of the services at any time, in their sole discretion, without notice. The Operator 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 the Operator 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 Operator pages or otherwise use any of the contents, pages, information or any other material provided by the Operator. 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 the Operator in writing.