Terms & Conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (“Services”) made available by Khalko, a private limited liability company (“Khalko”) established in India, having its registered office at Shadipur, ABC Colony, Port Blair, Andaman & Nicobar Islands – 744106.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OR REGISTERING FOR THE SERVICES OR ACCESSING ANY MATERIAL OR INFORMATION THROUGH THE APPLICATION.

1. CONTRACTUAL RELATIONSHIP

You agree to be bound by these Terms by accessing and using the Services, which creates a binding contract between you and Khalko. You are not permitted to access or use the Services if you do not agree to these Terms. Previous agreements or arrangements with you are explicitly superseded by these Terms. Khalko reserves the right to immediately terminate these Terms and any Services provided to you, as well as to stop providing the Services or any part of them, at any time and for any reason. Policies for a certain event, activity, or promotion, for example, may apply to some Services. These extra conditions will be made known to you in connection with the relevant Services.

For the purposes of the relevant Services, supplemental terms are in addition to the Terms and shall be regarded to be a part of them. In the case of a dispute with regard to the relevant Services, supplemental terms shall control. Khalko has the right to periodically change the Terms governing the Services. Changes take effect when Khalko posts the revised Terms at this address or the updated policies or additional terms on the relevant Service. You agree to be governed by the Terms as revised if you continue to access or use the Services after such posting. We follow the guidelines in Khalko's privacy statement, which is available at https://www.khalko.com/privacy-policies, while collecting and using personal data in connection with the Services.

If there is a complaint, dispute, or conflict between you and a Third-Party Provider (including a driver for a transportation network company), and such information or data is required to resolve the complaint, dispute, or conflict, Khalko may provide it to a Claims processor or an insurer. This information may also include your contact information.

2. THE SERVICES

The Services are a technology platform that enables users of Khalko's mobile applications or websites that are offered as part of the Services (each, an "Application") to book transportation and/or logistics services with independent third-party service providers, including independent third-party transportation providers and independent third-party logistics providers under contract with Khalko or some of Khalko's affiliates ("Third-Party Pro"). The Services are made accessible to you only for your own personal, noncommercial use, unless Khalko specifically states otherwise in a separate written agreement with you..

YOU ACKNOWLEDGE THAT KHALKO DOES NOT OFFER TRANSPORTATION OR LOGISTICS SERVICES OR ACT AS A TRANSPORTATION CARRIER, AND THAT ALL SUCH SERVICES ARE OFFERED BY INDEPENDENT THIRD PARTIES WHO ARE NOT EMPLOYEES OF KHALKO OR ANY OF ITS AFFILIATES.

LICENSE

Khalko hereby grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable licence to: I access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your own personal, noncommercial use. Khalko and Khalko's licensors reserve any rights not explicitly granted hereunder.

RESTRICTIONS

To the extent not expressly permitted by Khalko, you are prohibited from: (i) removing any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproducing, modifiying, creating derivative works based upon, distributing, licencing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise making use of the Services; (iii) decompiling, reverse engineering, or; (vi) attempt to gain unauthorised access to or compromise any feature of the Services or its connected systems or networks; (v) cause or launch any programmes or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or impeding the operation and/or functionality of any aspect of the Services.

PROVISION OF THE SERVICES

You accept that certain of the Services could be made accessible under one of Khalko's many transportation- or logistics-related brands or request alternatives, such as the transportation request brands that are now referred to as "Khalko." You also acknowledge that the following entities or parties may provide the Services under such brands or in connection with such requests: I some of Khalko's subsidiaries and affiliates; or (ii) independent Third-Party Providers, such as drivers employed by transportation network companies, holders of transportation charter permits, or those in possession of comparable transportation authorizations, licences, or permits.

THIRD PARTY SERVICES AND CONTENT

The Services could be made accessible or accessed in conjunction with material and services from third parties that Khalko does not own or control, including advertisements. You recognise that using such third-party services and content may be subject to separate terms of use and privacy policies. In no circumstances shall Khalko be responsible or accountable for any goods or services of such third-party suppliers and Khalko makes no endorsement of such third-party services and material.

If you use the Services using Applications created for Android mobile devices, and/or their relevant overseas subsidiaries and affiliates will also be third-party beneficiaries to this agreement. These third-party beneficiaries are not parties to this agreement and are not in any way liable for the delivery or maintenance of the Services. The terms outlined in the relevant third-party beneficiary's terms of service will apply to your use of these devices to access the Services.

OWNERSHIP

The Services and all associated rights are and will continue to be owned by Khalko or its licensors. You are not granted any rights by these Terms or by using the Services. Using Khalko's corporate names, logos, product and service names, trademarks or service marks, or those of Khalko's licensors in any way is prohibited except for the limited licence stated above.

3. YOUR USE OF THE SERVICES

USER ACCOUNTS

You must sign up for and maintain an active personal user services account (an "Account") in order to enjoy the majority of the Services. To open an Account, you must be at least 18 years old or, if it is lower than 18, the age of legal majority in your country. You must provide Khalko with specific personal information in order to register for an account, including your name, address, mobile phone number, age, and at least one legitimate payment method (either a credit card or accepted payment partner). You commit to keeping the information in your Account current, correct, and comprehensive.

Your inability to access and use the Services or Khalko's termination of these Terms with you may come from your failure to maintain accurate, full, and up-to-date Account information, including having an invalid or expired payment method on file. You promise to keep your account's login and password secure and private at all times. You are accountable for all activity that takes place under your account. You are only entitled to have one Account, unless Khalko expressly permits another in writing.

USER REQUIREMENTS AND CONDUCT

Persons under the age of 18 are not permitted to use the Service. You are not permitted to provide anyone access to your Account, and you are not permitted to enable anyone under the age of 18 to utilise a Third-Party Provider's transportation or logistical services without your supervision. Your Account may not be assigned or otherwise transferred to another person or organisation. When using the Services, you agree to abide by all relevant laws, and you may only do so for legal purposes (e.g., no transport of unlawful or hazardous materials).

You agree that neither the Third-Party Provider nor any other party will be irritated by, inconvenienced by, or suffer property damage as a result of your use of the Services. You acknowledge that in some cases, in order to access or use the Services, you may be required to provide identification, and that if you do not do so, access or use of the Services may be withheld from you.

TEXT MESSAGING

By opening an Account, you consent to receiving informative text (SMS) messages from the Services as part of the regular course of using the Services. By sending an email to support@khalko.com stating that you no longer want to receive text (SMS) messages from Khalko and including the phone number of the mobile device receiving the messages, you can choose not to receive text (SMS) communications from Khalko at any time. You understand that choosing not to receive text (SMS) messages may have an impact on how you use the Services.

PROMOTIONAL CODES

In its sole discretion, Khalko may produce promotional codes that can be redeemed for Account credit or other features or advantages connected to the Services and/or the offerings of a Third-Party Provider (collectively, "Promo Codes"), subject to any additional conditions Khalko sets forth for each individual promotional code.

You acknowledge that Promo Codes may be duplicated, sold, transferred, or otherwise made available to the public (whether posted to a public form or not) unless expressly permitted by Khalko; (ii) may be disabled by Khalko at any time for any reason without liability to Khalko; and (iii) must be used for the intended audience and purpose, and in a legal manner. (iv) may only be utilised in accordance with the particular guidelines established by Khalko for such Promo Code; (v) cannot be redeemed for cash, and (vi) they could expire before you utilise them.

In the event that Khalko determines or believes that the use or redemption of the Promo Code was incorrect, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms, Khalko reserves the right to withhold or deduct credits or other features or benefits obtained by you or any other user through the use of Promo Codes.

USER PROVIDED CONTENT

Khalko may occasionally allow you to submit, upload, publish, or otherwise make available to Khalko through the Services textual, audio, and/or visual content and information, including commentary and feedback regarding the Services, submitting support tickets, and submitting entries for contests and promotions ("User Content"). This permission is given at Khalko's sole discretion. You are still the owner of any user content you submit.

However, by giving Khalko User Content, you grant Khalko a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any way such User Content in all formats and distribution channels now known or hereafter developed (including in connection with the Services, Khalko's business, and on third-party websites).

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or that (ii) you possess all rights, licences, consents, and releases necessary to grant Khalko the licence to use the User Content as set forth above. You also represent and warrant that none of the User Content, your submission, uploading, publication, or other availability of the User Content, nor Khalko's use of the User Content as permitted herein will infringe, misappropriate, or violate.

You agree not to submit any User Content that Khalko, in its sole discretion, deems to be defamatory, libellous, hateful, violent, obscene, pornographic, illegal, or otherwise objectionable, regardless of whether or not such content may be protected by the law. At any time, for any reason, and without prior notice to you, Khalko may, but is not obliged to, review, monitor, or remove User Content.

NETWORK ACCESS AND DEVICES

It is your responsibility to secure the data network access required to utilise the Services. If you access or use the Services via a cellular device, your mobile network's data and message rates and costs may be applicable, and you are responsible for paying those rates and fees. You are in charge of obtaining and maintaining any compatible hardware or software required to use and access the Services, Applications, and any updates thereto. Khalko makes no guarantees as to the functionality of the Services or any component thereof on any specific hardware or gadgets. Delays and problems associated with using the Internet and electronic communications may also affect the Services.

4. PAYMENT

You are aware that using the Services may subject you to payment for the goods or services you obtain from a Third-Party Provider ("Charges"). As the Third-Party Provider's limited payment collection agent, Khalko will assist you in making the necessary Charge payments once you have received the services or items you ordered via the Service. Such payment of the Charges shall be deemed equivalent to your direct payment to the Third-Party Provider. Taxes that are required by law will be included in the charges where applicable.

Khalko has the right to charge you an extra sum in addition to any relevant taxes for the pickup services offered at various locations (including but not limited to GST). The charges you pay are final and non-refundable, unless Khalko decides otherwise. You still have the option to demand reduced charges from a third-party provider at the time you get the services or items from that third-party provider. Any request from a Third-Party Provider to alter the Charges for a specific service or commodity shall be met with an appropriate response from Khalko.

All Charges are payable instantly, and Khalko will assist with payment using the selected payment method specified in your Account. Following payment, Khalko will email you a receipt. You agree that Khalko, in its capacity as the Third-Party Provider's limited payment collection agent, may utilise a backup payment method in your Account, if one is available, in the event that your primary Account payment method is found to be invalid, expired, or otherwise unable to be charged. In your relationship with Khalko, Khalko maintains the right, at any time, in its sole discretion, to establish, remove, and/or adjust Charges for any or all services or items received via the use of the Services.

Additionally, you realise and agree that during periods of high demand, Charges applicable in specific geographic locations may significantly rise. Khalko will make a reasonable attempt to let you know about any potential charges; but, regardless of whether you are aware of the charges or their amounts, you are still liable for any charges made under your Account. You agree that such promotional offers, subscriptions, and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Khalko may from time to time provide specific users with promotional offers, subscriptions, and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services.

Prior to the arrival of a Third-Party Provider, you may choose to cancel your request for services or goods; but, in that instance, you can be charged a cancellation fee. The Third-Party Provider is expected to get complete compensation for the goods or services delivered under this payment system. Khalko does not designate any amount of your payment as a tip or gratuity to the Third-Party Provider, with the exception of taxicab transportation services ordered through the Application.

Any assertion made by Khalko that tipping is "voluntary," "not required," and/or "included" in the payments you make for goods or services provided (on Khalko's website, in the Application, or in Khalko's marketing materials) is not meant to imply that Khalko gives the Third-Party Provider any additional sums of money beyond those mentioned above. You acknowledge and agree that, although you are at liberty to pay a gratuity to any Third-Party Provider that offers you services or products purchased via the Service, you are not required to. Gratuities are not required. You will have the chance to review your experience and provide further comments on your Third-Party Provider after you have received the services or items you ordered through the Service.

REPAIR OR CLEANING FEES

If you use the Services under your Account and cause damage to Third Party Provider cars or property that goes beyond typical "wear and tear" damages and cleaning that is required ("Repair or Cleaning"), you are liable for the expense of repair. Khalko reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third-Party Provider using your payment method designated in your Account in the event that a Third-Party Provider reports the need for Repair or Cleaning and such Repair or Cleaning request is verified by Khalko in Khalko's reasonable discretion. These sums are non-refundable and will be transferred by Khalko to the relevant Third-Party Provider.

5. REPRESENTATIONS AND WARRANTIES

The transport service provider guarantees that they are the registered owner of the vehicle(s) or the lessee, as applicable, and that they have the necessary authorization to provide transport services for the vehicle (s).

The provider of transportation services represents and declares that they are fully qualified and authorised to carry out all duties set out in this agreement.

The Transport Service Provider represents and warrants that entering into and carrying out the transactions envisioned by this Agreement and the Transport Service Provider Terms and Conditions do not and will not violate any laws or regulations that apply to the Transport Service Provider or any guidelines, rules, regulations, including any judicial, official, governmental and/or statutory and/or regulatory orders and/or judgements whether interim, final, or otherwise, or with any other party.

The Transport Service Provider guarantees that he will take adequate care of the Khalko Driver App that Khalko has supplied him while they are in his control.

The transport service provider is responsible for ensuring that its ability to fulfil its obligations under this Agreement is not jeopardised.

By signing this document, the Transport Service Provider clearly accepts that it will not utilise the Device for any nefarious activities. The Transport Service Provider guarantees that the Devices—whether Khalko or non-Khalko—will only be used for the purposes specified in this Agreement.

The transport service provider affirms and guarantees that they have never been found guilty by an Indian court of a crime that is punishable by more than three years of incarceration or by any other cognizable offence.

6. DISCLAIMER

You acknowledge that Khalko's role is restricted to (a) managing and operating the Portal and the Service Provider App and acting solely as a marketplace for the display of the Transport Services in a manner determined by Khalko unilaterally, (b) acting as an online booking platform to facilitate the provision of Transport Services by the Transport Service Provider to the Portal's users, and payment collection through an e-wallet to facilitate the transactions between Transport Service.

In light of this, Khalko merely acts as a middleman, offering services through an online marketplace, and the Service Provider App merely serves as a platform for the Transport Service Provider to provide Transport Services to users after the execution of the Agreement and their registration and acceptance of the customer terms and conditions on the Portal.

Khalko expressly disclaims and shall expressly disclaim all representations and warranties to the Transport Service Provider, whether express or implied, as to the condition, suitability, quality, merchantability, and fitness for any purpose in respect of the Khalko Device(s), Service Provider's App and Portal, or the services provided through the Service Provider App on the Portal, and accordingly disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may arise.

Khalko disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may arise as a result of the Transport Service Provider's violation of (a) applicable laws pertaining to the Transport Services; (b) the terms of the applicable licences and permits that are issued by the transport authorities; (c) the terms of the Transport Service Provider T&Cs; or (d) the duty. This disclaimer is made to the extent permitted by applicable laws.

The ability of the Transport Service Provider to utilise the Khalko Device(s), Service Provider App on the Portal at all times or places, or that the Khalko Device(s), Service Provider App on the Portal and the Transport, is not guaranteed by Khalko. Services offered through the Service Provider App on the Portal shall be available continuously, without interruption, without viruses, errors, or harmful software, and Khalko will fix any flaws.

7. CONFIDENTIALITY

The Transport Service Provider is aware that under the terms of this Agreement, Khalko and its affiliates may give the Transport Service Provider access to their private information.

The Transport-Service-Provider agrees to keep all data and other confidential information of Khalko private and not to sell or otherwise make it accessible to any third parties. Confidential information shall mean and include all information, whether oral or written, disclosed to the Transport-Service-Provider by Khalko or Portal users, as the case may be. This includes, but is not limited to, Portal user details (i.e., personal information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work-related information, and any other information

Furthermore, the Confidential Information may never be revealed to any person engaged in a business that is identical to or related to that of Khalko ("Competitor"). If Khalko learns that the confidential information has been shared with a competitor or utilised in that competitor's favour, Khalko has the right to sue for any direct or indirect losses it may have suffered as a result.

8. LIABILITY

The information and recommendations offered to you on or via the website or the Platform are intended to be general in nature and do not constitute advice. The Company will make reasonable efforts to keep the website and application, as well as their contents, correct and up to date, but does not guarantee that the website and/or application are free of errors, defects, malware, or viruses, or that the website and/or application are correct, up to date, and accurate. The Company will not be responsible for any resulting harm. Furthermore, the Company shall not be liable for damages resulting from the use of or inability to use the website or the application, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or computer programmes used for electronic communications, and virus transmission.

The driver who provides you with the Services is accountable for the calibre of such Services, and the Company likewise bears accountability for that. Any complaints regarding the services provided by the driver shall be sent through email as directed from time to time to the Company. When you express a concern, the Company will act appropriately by taking responsibility or accountability for any loss, damage, or defect to the products or goods.

9. TERM AND TERMINATION

The terms of the agreement between the Company and you are permanent. You have the right to end the Contract at any time by permanently deleting the Platform from any mobile, tablet, or other electronic device that may use the Platform, which will prevent you from using the Platform or the Service.

The Company reserves the right to cancel the contract at any time and with immediate effect (by disabling your use of the platform and the Service) if you: (a) violate or breach any provision of these Terms of Use, or (b) abuse the Platform or the Service in the Company's judgement. The Company is not required to provide advance notice of contract termination. Following termination, the Company will provide notice in line with these Terms of Use.

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control and without its fault or negligence. Strikes, lockouts, riots, rebellions, accidental explosions, floods, hurricanes, acts of God, and other similar catastrophes may create such excusable delays or failures.

10. INDEMNITY

By breaking or allegedly breaking these Terms of Use, you agree to defend, indemnify, and keep the Company harmless from any and all claims, losses, liabilities, damages, expenses, and costs (including legal fees and court costs).

11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

The laws of the Republic of India shall apply to the interpretation and application of these Terms of Use in all respects. The Parties hereby submit to the exclusive jurisdiction of the courts of the Andaman & Nicobar Islands, India.

All disagreements relating to or arising out of these Terms of Use shall be resolved peacefully by the Parties. In the event that an amicable resolution cannot be reached within fifteen (15) days of the date on which one Party initially initiated the disagreement with the other, the Parties shall arbitrate the matter in accordance with the Arbitration and Conciliation Act of 1996.

An arbitral tribunal made up of one arbitrator who has been jointly chosen by you and the Company will preside over the arbitration proceedings.

The sole language used throughout the arbitration hearings would be English, and the Andaman & Nicobar Islands in India will serve as the location. The arbitral tribunal's decision will have legal force and effect.

12. NOTICES

The Company may provide notice in several ways, such as by posting a general notice on the Application, sending an email to the email address listed in the Company's account information, or sending a written text by standard mail to the address shown in the Company's account information.

13. CABS BOOKING

The term "cab" as used in this text refers to all types of transportation vehicles such as sedans, hatchbacks, buses, fibre boats, multi utility vehicles, and any other vehicle designed to carry passengers.

Khalko does not run its own taxi service. It has partnered with several Cab Operators in order to give Users with a complete selection of cab services, cab kinds, and pricing. Khalko solely serves as a middleman between the Cab Operator and the User.

"Cab Operator" refers to all cab companies that provide cars and drivers.

TYPES OF CAB BOOKINGS FACILITATED BY KHALKO

Khalko provides following types of options to its User(s):

• Airport drops

• Pick up and drops after or before the package activity starts

• Intracity movement

14. FLIGHT BOOKINGS

TERMS OF THE AIRLINES

The airline tickets made available on the Website are subject to the terms and conditions of the relevant airline, including cancellation and refund policies. Khalko just acts as a middleman to help the User buy an airline ticket.

The contract of service for flight use is always between the User and the relevant airline. Airlines have the right to rearrange flight schedules, modify or cancel flights or itineraries without prior notice to Khalko.

As a facilitator, Khalko has no influence or responsibility over the logistics of the airlines and is thus not liable for any damage, direct or indirect, that a User may suffer as a result of such flight alteration or cancellation.

Different tickets on the same airline may have different limitations, features, and prices. The luggage allowance for a specific ticket is determined by the airline, and Khalko has no say in the matter.

Some of the costs displayed in the booking flow are "hand baggage fares," which do not include free check-in luggage and must be paid for individually. The cost of adding checked luggage to a reservation varies by airline. For specific charges, the User should contact the airlines.

PRICING

The total price stated on the Website on the payment page often includes the basic rate, relevant government taxes, and a convenience charge. Prior to booking confirmation, users must pay the total amount (s). If the User does not pay the full amount, Khalko retains the right to cancel the booking. User agrees to pay all relevant statutory taxes, surcharges, and fees on the date of travel.

To qualify for toddler airfares, the child's age must be less than 24 months over the whole route. This includes both forward and return travels. If the new-born is 24 months or older on the return travel, the user must make a second booking using a child fee. According to airline policy, any babies or minors must be accompanied by an adult.

TRAVEL DOCUMENTS

It is the User's entire obligation to ensure that they have proper travel papers, such as identification proof, passport, visa (including transit visa), and so on, in order to travel. User acknowledges that Khalko will not be held accountable if they are unable to travel due to a lack of appropriate travel papers.

The user accepts that any information (if any) supplied by Khalko about travel papers is merely advisory in nature and should not be deemed definitive. The User is responsible for confirming the criteria for travel with the respective airlines of the countries through which the User may transit or choose to visit.

CHECK-IN TERMS

Check-in times should be confirmed directly with the airlines. Check-in for domestic flights typically begins two hours before departure and three hours before departure for international flights. Passengers travelling on a ticket, including new-borns, should have proper identification proofs, passports, and age proofs as necessary to show their identity, nationality, and age.

USE OF FLIGHT SEGMENTS

If the User does not complete the onward travel, the airline will automatically cancel the full PNR corresponding to that booking. In such a case, Khalko has no control over the process and is not bound to provide other bookings to the User. The cancellation penalty in such a situation will be determined by the applicable airline regulations.

CHANGES TO EXISTING BOOKING

Any modifications made to an existing booking will be subject to additional costs imposed by the respective airline, in addition to the service fee paid by Khalko.

In the case of a change or modification to an existing booking, the User is required to pay the necessary charges. Charges for adjustments or revisions to existing tickets may vary based on the airline's policy and pricing class.

REFUND

Refunds will be granted in accordance with the airline's pricing restrictions and cancellation policy. Such reimbursements are subject to Khalko obtaining them from the airlines. However, the convenience charge paid to Khalko at the time of booking is non-refundable.

All cancellations made directly with the airline must be communicated to Khalko in order to begin the refund process. Refund processing times may differ based on the manner of payment, bank, and so on. The reimbursement will be handled after subtracting the Khalko service cost, which is separate from the convenience price specified above.

The refund will be credited to the same account as the original payment. If the User used a credit card, Khalko will reverse the charge to that credit card; similarly, if the User used a debit card, Khalko will credit the money to that debit card.

If you cancel and refund partially used tickets, the upfront discount and promo code discount you received at the time of booking will be removed from your refund.

15.BOOKING HOTELS

ROLE OF KHALKO AND LIMITATION OF LIABILITY OF KHALKO

Khalko only serves as a facilitator by providing an internet platform for the User to pick and book a certain hotel. In this sense, hotels encompass all types of lodgings, including hotels, home-stays, bed and breakfast stays, farm-houses, and any other alternative accommodations. All information about the hotel, including the hotel's categorization, photos, room type, amenities, and facilities, is based on information supplied by the hotel to Khalko. This material is mainly for reference purposes. Any disparity between the website photographs and the real settings of the hotel must be reported by the User directly with the hotel and resolved between the User and the hotel. Khalko will bear no responsibility for the settlement procedure and will accept no obligation for any disputes.

INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL

The hotel booking voucher that Khalko gives to a User is exclusively dependent on the inventory availability information given or updated by the hotel. In no event shall Khalko be liable for a hotel's inability to accommodate the User with a confirmed booking, the grade of service or any inadequacy in the services, or any other service-related concerns at the hotel. In the event of a hotel denying check-in for any reason, including over-booking, system or technical errors, or unavailability of rooms, etc., Khalko's liability will be limited to either providing a similar alternate accommodation at Khalko's discretion (subject to availability at the time), or refunding the booking amount (to the extent paid) to the User. Any other service-related concerns should be handled directly between the User and the hotel.

The hotel has the only right of admittance, and Khalko has no role in admission or denial of entrance by the hotel. Some hotels may not allow unmarried or unrelated couples to check in, depending on their policy. Similarly, if appropriate evidence of identification is not produced at the time of check-in, lodging may be refused to guests posing as a couple. Some hotels may also refuse to accept local inhabitants as guests. Khalko shall not be held liable for any check-in refusals by hotels owing to the aforementioned reasons or any other cause beyond Khalko's control. If the hotel prohibits check-in under these conditions, there will be no reimbursement.

RESPONSIBILITIES OF THE USER

The User would be obliged to make good any damage(s) caused to the hotel's property by any conduct of his/her/their accompanying guests (wilful/negligent). The degree and cost of the damage would be assessed by the hotel in question. Khalko would not interfere in the same manner.

To check into the hotel, the primary guest must be at least 18 years old.

At the time of check-in, the User must present a valid identification and address evidence.

The hotel reserves the right to refuse a User's check-in if a proper identity proof is not supplied at the time of check-in.

Check-in and check-out times, as well as any adjustments to those times, will be determined by hotel policy and terms. Early or late check-in or check-out requests are subject to availability, and the hotel may charge an extra cost for such services.

ADDITIONAL CHARGES BY THE HOTEL

The booking fee paid by the User is exclusively for the User's stay at the hotel. Some reservations may include breakfast and/or meals, which will be verified at the time of booking. Any other services used by the User at the hotel, such as laundry, room service, internet, telephone, extra food, drinks, beverages, and so on, must be paid for directly by the User to the hotel.

Hotels may levy an obligatory meal cost during holiday seasons such as Christmas, New Year's Eve, or other festivals as determined by the hotel. All extra expenses (including necessary meal fees) must be paid directly to the hotel. Khalko will have no control on the waiver.

PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS

Booking a hotel might be "Prepaid" or "Pay at hotel," depending on the alternatives made accessible by the hotel on the Khalko Website. In the "Prepaid" model, the complete booking cost is paid by the User at the time of booking.

The total booking price comprises the hotel reservation rate, taxes, any service fees levied on behalf of the actual service provider, and any additional booking fee or convenience fee imposed by Khalko.

At the hotel's or Khalko's exclusive discretion, the User may be given the opportunity to submit a partial payment to Khalko at the time of booking confirmation. The remaining booking money must be paid in accordance with the booking terms. For security reasons, the User must supply valid credit or debit card information to Khalko. If the bank or credit card information given by the User are discovered to be inaccurate, Khalko reserves the right to cancel the booking at its sole discretion.

For security reasons, the User must supply Khalko with accurate credit or debit card information. If the bank or credit card information provided by the User is determined to be inaccurate, Khalko reserves the right to cancel the booking at its sole discretion. Payment can be paid in INR or any other currency/currency indicated at the time of booking.

When the card issuer and the merchant location (as specified by the card brand, e.g., Visa, MasterCard, American Express) are in separate countries, certain banks and card issuing businesses charge their account holders a transaction fee. If a User has any queries regarding the costs or the currency rate used, they should contact their bank or the card issuing firm through whom payment was made.

Some lodging providers may demand User and/or the other individuals on whose behalf the booking is made to produce a credit card or cash deposit at check-in to cover any additional charges that may arise during their stay. Such deposit is unconnected to any money received by Khalko and is made entirely at the request of the Hotel.

The "Pay at hotel" model requires the hotel to receive the complete money for the booking at the time of check-in. In the event of overseas bookings, the payment will be charged in either local currency or any other currency determined by the hotel. For security reasons, the User must supply Khalko with accurate credit or debit card information. If the bank or credit card information provided by the User is determined to be inaccurate, Khalko reserves the right to cancel the booking at its sole discretion.

16. BOOKING OF SAFARI TRIPS

'Activity' refers to day tours and sightseeing, adventure sports, water sports, buffets and dining, and any other service/product ordered through the Website.

The supplier of the Activity will be referred to as the 'Activity Provider,' and will be solely responsible for the delivery of the products/services booked by the User.

The guest below the age of 10 years and above the age of 60 years will not be allowed to participate in activities like Scuba Diving, Sea Walking and Parasailing.

If a guest is suffering from any kind of respiratory disease, Blood Pressure and Pregnant women, he/she will not be allowed to participate for activities like Scuba Diving, Sea Walk and Parasailing.

ROLE OF KHALKO AND LIMITATION OF LIABILITY

Khalko's job is confined to assisting the User in obtaining an Activity service from the Activity Provider. The relationship of transaction or service fulfilment is always between the User and the Activity Provider.

Unless otherwise specified in the reservation confirmation, Khalko will not offer pick-up and drop-off service for any Activity.

Khalko shall not be liable or responsible for:

any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, inaccurate information, deficiency of service/product, or cancellation due to conditions beyond the control of the Activity Provider;

The User's health, safety, and well-being while participating in the Activity or thereafter;

Any incidental or ancillary services directly purchased by the User.

Khalko's maximum responsibility shall be limited to a refund of the booking amount received by Khalko for the reservation of the Activity.

RESPONSIBILITIES OF THE USERS

In addition to Khalko's User Agreement and Terms of Service, the User undertakes to abide by the terms and conditions of Activity Provider. In order to participate in the Activity, the User must submit the booking / confirmation voucher supplied by Khalko.

In order to use the booked Activity, the User must also have valid papers such as identification proof, address evidence, a passport (if booking outside India), or any other document requested by the Activity Provider.

Where necessary by the Activity Provider, the User may be required to sign a waiver/consent form, safety procedure form, medical declaration, or other document before participating in the Activity.

Following the confirmation of the reservation, the User must contact the Activity Provider directly with any issues.

The User must ensure that he meets all of the eligibility criteria for participating in the Activity, including but not limited to age, weight, and medical problems. User knows that if he is considered unfit or illegible for the Activity, the Activity provider may or may not allow him to participate in the Activity.

PAYMENTS FOR BOOKINGS, AND CANCELLATIONS

Reservations are subject to the Activity Provider's cancellation and refund policies, which may vary from time to time.

Khalko reserves the right to charge relevant taxes, service fees, and other fees where applicable.

SPECIAL OFFERS AND COUPONS

The following conditions will also apply to any voucher supplied by Khalko:

Khalko's liability is restricted to sharing the voucher with the User subject to the User's payment.

The User is responsible for redeeming the discount, and the Activity Provider is responsible for providing the service.

The coupon's expiry date will be indicated on the coupon, and the User will not be able to use the coupon beyond that date.

The coupon cannot be redeemed for cash. Once purchased, the voucher cannot be returned or cancelled.

17.HOLIDAY BOOKING

Khalko Tours & Holidays Pvt Ltd [Khalko.com] is committed to provide its best services as per industry standards. We put in our best efforts to give the best possible service to our Guest in order to maintain our Guest’s satisfactory bench mark.

We would like to inform our guest that all the transfers by the means of road will be private transfers, except Mud Volcano trip in Baratang Island And all the speed boat transfers between the islands will be public transfers like Ross & North Bay islands, Elephant Beach speed boat transfers and Lime Stone Cave transfers.

The guest below the age of 10 years and above the age of 60 years will not be allowed to participate in activities like Scuba Diving, Sea Walking and Parasailing.

If a guest is suffering from any kind of respiratory disease, Blood Pressure and Pregnant women, he/she will not be allowed to participate for activities like Scuba Diving, Sea Walk and Parasailing.

 A. CORRESPONDANCE

1.1  All correspondence in respect of Holiday Package booking and cancellation should be addressed to Manager, Khalko Tours & Holidays Pvt Ltd, and email to our id mentioned below:

Email Id: khalko444@gmail.com

Address: Khalko Tours & Holiday Pvt Ltd, ABC Colony Shadipur, South Andaman, Port Blair, Andaman and Nicobar Islands- 744106.

If any queries please contact us on:

Call:  +91 9474222060, +91-9679511179

WhatsApp: +91 9679511179

1.2 All the booking, cancellation, refund related information will be sent to Guest on their registered email id.

 B. BOOKING

2.1 The Guest will need to send their queries by going to the selected package they are willing to travel to.

2.2 The payment will be requested by the company after confirming the availability of the tour, and the Guest shall pay the amount in full in order to confirm their booking.

2.3 Guests will have to share a copy of the government authorized Photo ID proof of all the travelers with address mentioned therein, such as: AADHAR Card/ Voter ID/ Driving License/ Passport, etc. These documents are mandatory for securing Ferry booking, Forest Permits.

2.4 The Guest will have to book their tour at least 20 days prior to the day of departure.

2.5 The Guest is advised to keep the booking invoice with them.

2.6 The Guest should share their flight inward and outward details to customize their tour.

2.7 The booking will be confirmed after receiving the full booking payment.

 C. PAYMENT

3.1 The Guest shall pay the full booking amount to confirm their booking.

3.2 The Guest can pay through, Credit/Debit card, Net Banking, PhonePe. And the Guest also has option to pay through QR code scanner or through PhonePe bank transfer.

3.3 All payment shall be inclusive of 5% GST.

 D. CANCELLATIONS & REFUNDS

In the event that any Guest cancels the booking or is unable travel on the due date for any reason not attributable to the Company any time after making the advance payment, the following charges shall apply:

4.1 48 HRS or less 100% of the amount will be deducted.

4.2 Before 48 HRS the booking amount will be refunded after deducting these necessary charges:

1. Government ferry’s/permits/shows
2. Hotels- As per the terms and conditions of the hotel operator.
3. Flights - As per the airlines terms and conditions.
4. Cruise - As per the cruise company’s Terms and conditions.
5. Activities - As per activities operators terms and conditions.

4.3 In the remaining amount further service charges of the khalko Tours and Holidays will be deducted, after the reduction of [flight, cruise, hotel and activity] and will be credited to the Guest’s account.

4.4 Refund will be processed in 15 to 30 business days.

 E. RIGHT TO REFUSE SERVICE

Despite having a confirmed booking, the company reserves all rights to refuse services to any Guest under the following circumstances:

5.1 Guest who misbehaves/manhandles/ harasses and/or are causing nuisance to other guest.

5.2 Guests with criminal antecedents and those evading authorities.

5.3 Guest who are suspected to be infected by a contagious disease, unless a medical record to the contrary is produced.

5.4 Any Guest refused service on an any of the above mentioned grounds shall not be entitled to claim any refund.

 F. FORCE MAJEURE

6.1 In the event where the company is unable to conduct the tour package despite a confirmed booking, due to Acts of God, State Government Order, war, Civil Instability, Pandemic, Epidemic, Quarantine, Lock-Down or any other circumstances beyond the control of the company, the company shall promptly intimate the Guest regarding the force majeure event and cancel the booking with immediate effect. The company shall not be bound to perform the terms and conditions of the booking agreement and this policy for the entire duration of the force majeure event.

6.2 If any tour is cancelled in an event of force majeure, the refund will be processes after deducting the major applicable taxes and document charges.

6.3 In the event where the package is already underway during the force majeure event, the Guest shall be liable to pay the additional charges for all extra services availed during the force majeure event, and adhere to all other terms and conditions of this policy.

 G. LIABILITY OF VALUABLES

7.1 The company will not be held liable for any of the Guest’s personal belongings damaged or stolen.

7.2 The company will not be held liable for any valuables or belongings left behind by the Guest at any hotel, cruise, cab, etc.

 H. LIABILITY OF GUEST

8.1 The Guest shall be directly liable under the civil and criminal laws of India for any loss caused to the company owing to any negligent act or omission on the part of the Guest.

8.2 The company shall be entitled to recover damages and compensation from the Guest due to any such loss caused by the Guest.

 I. MISCELLANEOUS

9.1 The Terms and Conditions available in our website: www.khalko.com shall also be applicable for the Holiday package, beside the above mentioned terms and conditions.