TERMS AND CONDITIONS OF CARE BY BLR
1. THESE TERMS AND CONDITIONS
- 1.1. These are the terms and conditions (“T&C”) on which we, Care by BLR supply Services to you.
- 1.2. Please read these T&C carefully before you submit your Order to us. These T&C tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
2. OUR CONTRACT WITH YOU
- 2.1. When you submit an Order with us, the Order constitutes an offer by you to purchase Services in accordance with these T&C.
- 2.2. You acknowledge that our Services are subject to availability. We will endeavour to provide you with the Services, however, for whatever reason, if we are unable to accept your Order, we will inform you of this and will not charge you for the Services.
- 2.3. Our acceptance of your Order will take place when we inform you by e-mail that we are able to provide you with the Services, at which point, and on which date a Contract shall come into existence between you and us.
- 2.4. Any quotation given by us shall not constitute an offer.
- 2.5. Any samples, drawings, descriptive matter or advertising issued by us or our Affiliates, and any descriptions or illustrations contained in our or our Affiliate(s)’ catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
- 2.6. This T&C apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- 2.7. Information required in the Order.
- 2.7.1. We will need certain information from you so that we can provide the Services to you. For example, you will need to provide your name, contact details, flight details, passport details and other relevant information when submitting an Order. If you have not provided the information we marked as mandatory in the Order, we will contact you in writing to ask for such information. If you do not, within a reasonable time of us asking for it, provide us with this information, we may cancel your Order.
- 2.7.2. We may also require certain information from persons other than you so that we can provide the Services to you. For example, you will need to provide name(s) and contact detail(s) and other relevant information of your other guests and the person picking you up at the airport (if any). By providing such information, you represent and 2.7.2 warrant that you have notified and obtained necessary consent from them to send us such information for the purposes of this T&C.
- 2.7.3 We shall not be liable for not providing any part of the Services, if the reason for our failure to provide our Services, is any of the following:
- (1.a.i) You failed to give us the information we need within a reasonable time of us asking for it; or
- (1.a.ii) The information you provide us with is not complete or accurate.
3. PROVIDING OUR SERVICES
- 3.1. Unless terminated earlier in accordance with this T&C, we will supply our Services to you in all material respects for the time period set out in the Order, until we have completed the Services.
- 3.2. You acknowledge and agree to be bound by the following restrictions/exceptions which are applicable on our Services.
- 3.2.1 Unaccompanied Minors’ Policy: Guests aged 12 or under must be accompanied by an adult aged 18 or above.
4. PAYMENT OBLIGATIONS
- 4.1. In consideration for our provision of the Services, you shall pay us fees and any applicable taxes in full upon submission of your Order, as stated in our acceptance to your Order (“Fees”).
- 4.2. You acknowledge and agree that we may charge you Fees for provision of our Services to you and any accompanying guest(s) of 2 years of age and above (at the time the Contract comes into existence), at rates shown to you when you place an Order with us.
- 4.3. You acknowledge and agree that we may, in addition to the Fees which you have already paid, charge you:
- 4.3.1 A sum that is equivalent to 50% of the Fees which you have already paid, if our Service Hours are extended through no fault of our own (e.g. if you lost your baggage, if you encounter issues at immigration or at customs clearance).
- 4.3.2 A sum to be charged by us at its sole discretion for each additional guest/ service of whom the Services are provided to if the actual number of guests exceeds the number of guests that appears in the Order. For the avoidance of doubt, we reserve the right on whether to provide the Services to such guests subject to availability, and you shall pay such sums to us immediately on the date any of such events occurred.
- 4.4. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding. We will not provide the Services to you if we do not receive payment of such amounts in full from you within the prescribed timeline.
5. CANCELLATION, NO SHOWS AND AMENDMENT FEES
- 5.1. For all confirmed bookings, cancellation or amendment must be performed in writing within the prescribed deadlines below, and is subject to payment of surcharge, plus any applicable local fees and/or taxes.
- 5.2. Please refer to the terms and conditions of each product and service for the policy of cancellation, no shows and amendment fees.
6. DATA PRIVACY AND SECURITY
- 6.1. Your privacy is very important to us, and we are committed to protecting your personal data. Your personal data will be collected, used, disclosed and otherwise processed in accordance with our Privacy Policy. Please read our Privacy Policy before submitting an Order to us.
7. EXCLUSION OF LIABILITY
- 7.1. We shall not be liable for our failure to provide part or all our Services, and will not provide you with any refund for our Services:
- 7.1.1. If you fail to appear at the meeting point as agreed between us 30 mins after our scheduled meeting time.
- 7.1.2. If our performance of the Services is affected by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8. LIMITATION OF LIABILITY
- 8.1. Notwithstanding any limitation or exclusions of liability as stated in this T&C, we do not exclude or limit in any way our liability to you in the event of the following:
- 8.1.1. Liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors)
- 8.1.2. Fraud or fraudulent misrepresentation
- 8.1.3. Deliberate or wilful act of misconduct; or
- 8.1.4. Any other liabilities which cannot be limited or excluded under applicable law.
- 8.2. Subject to clause
- 8.2.1. We shall not have any liability to you for any indirect or consequential loss not in the contemplation of the Parties arising under or in connection with this T&C; and
- 8.2.2. Our total liability in aggregate to you arising under or in connection with this T&C shall not exceed the Fees paid by you in respect of the Services.
9. INDEMNITY
- 9.1 You shall defend, continually indemnify, and hold us, our Affiliates and the respective directors, officers, employees, agents harmless from and against any and all claims, suits, demands, actions, liabilities, losses, damages, judgments or fines, or damage to any property (including, but not limited to, attorney fees, court costs and expert fees reasonably incurred), unless such is caused by our negligent act, wilful misconduct or omission.
10. TERMINATION OF CONTRACT
- 10.1. You may terminate your Contract with us immediately, if any of the following events occur:
- 10.1.1. You would like to cancel your Order and terminate your Contract with us for convenience (subject to any applicable refunds in accordance with this T&C); or
- 10.1.2. In the event we notify you that there will be a substantial delay in the performance of our Services (and we will pay you a refund for any Services you have paid for but not received).
- 10.2. Without prejudice to any of our other rights as stated elsewhere in this T&C, we may terminate part or all your Contract immediately as and when we deem necessary and expedient.
11. ASSIGNMENT
- 11.1. Subject to us posting a notice of the change of the relevant terms and conditions on our website, we may at any time transfer or assign our rights and duties under this T&C to any third party we deem fit. Once assigned, your relationship would be with our assignee and not with us.
12. GOVERNING LAW AND JURISDICTION
- 12.1. This T&C shall be governed by and construed in accordance with the laws of India.
- 12.2. In the event of any dispute, controversy, difference or claim arising out of or relating to this T&C, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, the Parties shall first attempt to resolve and settle the matter by mutual consultation in good faith. If such matter may not be resolved, it shall be referred to and finally resolved by the courts of India.
13. CANCELLATION POLICY FOR ALL SERVICES
|
Time |
Amendment |
|
More than 48 hours prior to the scheduled meeting time |
No cancellation/amendment fees |
|
24-48 hours prior to the scheduled meeting time |
50% of the Fees plus any applicable local fees and/or taxes |
|
Less than 24 hours prior to the scheduled meeting time |
100% of the Fees plus any applicable local fees and/or taxes |
14. SERVICE SPECIFIC T&C
14.1 Meet and Assist Service
T&C’s:
- Services within the following time period from the time of meet up with the customer (“Service Hours”):
- Departure flights: 3 hours;
- Arrival flights: 2 hours;
- Transit flights: 4 hours; or
- Any other timeframe as notified by Supplier on an individual basis, depending on the individual service packages.
- An Order must be made at least 48 hours prior to the scheduled meeting time. However, if an Order is submitted less than 48 hours’ notice before scheduled meeting time, it is agreed that, at the Supplier’s sole discretion, an additional Fees may be charged in accordance with this agreement. Supplier will notify the Client on such additional amount in written acceptance to of the Order.
- Service starts from post-immigration area for international arrival customers.
- Customer may be entitled to full refund of the Fees paid if the Supplier is notified at least 48 hours’ written notice prior to the scheduled meeting time to cancel or amend the confirmed Order.
- Customer will not be entitled to a refund of the Fees paid if:
- they provide less than 48 hours’ written notice prior to the scheduled meeting time to cancel or amend your confirmed Order; or
- their situation falls under (e.g., no-shows); or
- they have booked non-refundable Service(s).
14.2 Porter Service
T&Cs:
- For porter service, maximum dimensions of baggage shall be 90 x 75 x 43 cm each, weighing not more than 23kg each and up to a combined weight of 40kg.
- Oversized and/or overweight baggage will be subject to payment of surcharge, plus any applicable local fees and/or taxes.
- Customer will not be entitled to a refund of the Fees paid if:
- they provide less than 48 hours’ written notice prior to the scheduled meeting time to cancel or amend your confirmed Order; or
- their situation falls under (e.g., no-shows); or
- they have booked non-refundable Service(s).
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- Valet Services
T&Cs:
- Once the car is handed over to Valet parking representative, customer to ensure to secure the manual valet tag/e-tag.
- At the time of car collection, the valet tag to be handed over to the Valet parking representative.
- In case of loss of valet tag, reach out to information desk to retrieve the car.
- In case of some other person collecting the car on the customer’s behalf, the formalities to be completed at the airport valet counter.
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- Limousine (Landside)
T&Cs:
- Rates do not include Taxes, Parking, Toll, Interstate taxes etc, the same will be charged extra.
- Airport Transfer will be charged on fixed rates for all transfers within Bangalore city limits covering 50kms one way.
- Waiting and Halting will not be allowed in Airport Pickup and drop assignments.
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- Car SPA (Arrival/ Departure)
T&Cs:
Supplier is not responsible for existing scratches, rusting & dents in the car given by the customers for service.
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- Left Luggage
T&Cs:
- The luggage can be stored from min 6 hours up to 120hrs i.e., 5 Days.
- Ensure luggage is sealed/locked. The supplier is not liable for any valuables in the luggage.
- Flexible rates applicable as per requirement.
- This service can be availed by arriving and Transit Customers.
- The customer depositing the bag should declare to the staff any valuable / perishable / hazardous / chemical / toxic substances which are present in the bag(s).
- The customer may be requested to open the bag for physical inspection prior to acceptance. If customer refuses this request, the Supplier has the right to reject such luggage for deposit.
- Charges of deposit of luggage are payable in accordance with schedule of charges upon deposit of bag(s) with the supplier and are non-refundable.
- Bag(s) will be accepted for deposit upon payment of the appropriate fee and will only be released if any additional fee that may be due has been paid.
- If any bag(s) is not collected after five days, the supplier shall treat the luggage as lost property and shall dispose it off in any manner the supplier in its absolute discretion, deems fit. Neither the supplier nor the airport authority will bear any liability thereof.
- The Supplier will deliver the bag(s) to the customer only through the proof of identity provided at the time of acceptance.
- The supplier is not authorised to deliver the bag(s) to any person other than the customer who made the booking. In the unlikely event that the bag(s) must be handed over to a person apart from the customer, the prescribed process will be duly followed.
- The supplier has the right to hand over any deposited luggage to the airport authority and / or government security officials for inspection.
- If customer fails to collect the bag within the time the service was originally booked for, additional charges will be applicable.
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- Arrival Lounge
T&C’s:
Prebooked or walk-in customers can avail the service. Booking must be made at least 48 hours prior to the service.
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- Meeting Room
T&C’s:
Prebooked or walk-in customers can avail the service. Booking must be made at least 48 hours prior to the service.
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- Flower Bouquet
T&Cs:
- In case of pre-bookings, the bouquet to be collected within 2-4 hours of confirmed time.
- In case of delay collections of bouquet than 2-4 hours, the supplier will not be responsible for quality of flowers.
15. Definitions and Interpretations
- 15.1. Unless otherwise defined in the T&C, capitalized terms have the following meanings:
- 1. “Affiliate” means (a) in relation to a company, any subsidiary of that company, any holding company of that company, any other subsidiary of any such holding company and any company over which that company or any such holding company has Control; and (b) in relation to an individual, any company over which that individual has Control and any subsidiary of that company, any holding company of that company, any other subsidiary of any such holding company and any company over which that company or any such holding company has Control at the date of this T&C ;
- 2. “Business Day” means any day excluding Saturdays, Sundays or public or bank holidays in the Territory.
- 3. “Contract” means the contract between you and us for the supply of Services in accordance with this T&C by us to you.
- 4. “Control” of a person means the power or authority, whether exercised or not, to direct the business, management and policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise, which power or authority shall conclusively be presumed to exist upon possession of beneficial ownership or power to direct the vote of more than 30% of the votes entitled to be cast at meetings of the members or shareholders of such person or power to control the composition of a majority of the board of directors of such person; the terms “Controlling” and “Controlled” shall be construed accordingly;
- 5. “Purchase Order” means your order for the Services as set out in an order form on our website at www.carebyblr.com.
- 6. “Service Hours” shall have the meaning as ascribed to it in clause.
- 7. “Services” means the services supplied by us to you as set out in our acceptance to your Order; and
- 8. “Territory” means the jurisdiction in which we provide the Services to you.
- 15.2. In this T&C, terms defined in the singular have the corresponding plural meaning when used in the plural and vice versa.
- 15.3. In this T&C, the word “including” (or “include” or “includes”) means “including without limitation” and will not be considered to set forth an exhaustive list.
- 15.4. No approval, consent, acceptance, determination, or decision will be unreasonably withheld, conditioned, or delayed, unless the T&C provides that the same is subject to the discretion of a Party, in which case it is subject to the sole and absolute discretion of that Party.
- 15.5. Whenever this T&C require or provide for any notice, approval, consent, acceptance, determination, decision, waiver, information, or the like, the same and any request therefor must be in writing (unless otherwise waived in writing by the other Party).
- 15.6. Unless specified otherwise, a reference in this T&C to a law, including any applicable law, is considered to be a reference to (a) such law as it may be amended, modified, or supplemented from time to time, (b) all regulations and rules pertaining to or promulgated pursuant to such law, (c) the successor to the law resulting from recodification or similar reorganizing of laws, and (d) all future laws pertaining to the same or similar subject matter.