Terms & Conditions
The Customer agrees that these terms and conditions shall be deemed to apply when the Customer avails the Phone Fleet Taxi service provided by the Company.
1 In these terms and conditions:
- 1.1 The Company shall mean SMS TaxiCabs Private Limited.
- 1.2 Customer means a person who is a customer of The Company; who contacts The Company to use its Phone Fleet Taxi services.
- 1.3 Services shall mean taxi services provided by the Company
- 1.4 Saathi shall mean the driver who drives the taxi.
3.The Customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
4 The Customer shall ensure that he/she will not indulge in any of the following activities while in a taxi:
- 4.1 Smoking or consuming any kind of intoxicants inside the Taxi. The Saathi has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the Saathi.
- 4.2 Littering the Taxi
- 4.3 Soiling or damaging the seats and/or any other interiors of the Taxi.
- 4.4 Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi.
- 4.5 Asking the Saathi to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The Saathi has the right to refuse such a request by the customer. The Saathi also has the right to refuse such a pick-up or ask such customer(s) to alight the cab.
- 4.6 Asking the Saathi to board more than 4 adults in the taxi. The rules under which the taxi services are provided by the Company, stipulate that a maximum of 4 adult passengers shall be allowed per trip. In view of this, the customer shall not pressurize the Saathi to allow more than 4 adult passengers in the taxi. The Saathi has the right to refuse such a pick-up or ask such customer(s) to alight the cab.
- 4.7 Pressurizing the Saathi to overload the boot space of the taxi with luggage. The customer shall not be allowed to use the seating area of the taxi for placing any kind of luggage.
- 4.8 Arrive more than 15mins late from the stipulated pick-up time. In case of any emergency(ies), the customer can co-ordinate with the Contact Centre and amend the booking. The customer at no point in time will pressurize the Saathi to wait for him/her beyond 15mins of the stipulated pick-up time.
5.The Customer agrees and accepts that the Company will be under no liability or responsibility for any losses or damages arising out of the use of the Services as offered by the Company. The Customers shall be fully responsible of their belongings when travelling on board any of Companys taxis. In the event they lose/misplace their belongings during a trip with the Companys taxi, the Company will try its best to locate the belongings, but will not be held responsible for any losses or damages to any of the items.
6.The Customer agrees that the Taxi in which he/she is travelling will allowed to be tracked using GPS technology. This shall be used for the sole purpose of ensuring the security of the vehicle and its occupants.
7 The Company cannot be held liable inter alia for any of the following reasons:
- 7.1 for booking requests made at the contact centre and on the website, which are subject to availability of cabs;
- 7.2 for any direct or indirect loss/damage which may be suffered by the Customer as a result of non-fulfilment of the booking requests made at the contact centre and on the website or any other booking channel authorized by the Company
- 7.3 for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by The Company to provide a taxi to the Customer within any stipulated time.
- 7.4 for any direct or indirect loss or damage which may be suffered by the Customer as a result of computer breakdown or failure of telecommunications networks preventing access to online services;
- 7.5 for any direct or indirect loss or damage which may be suffered by the Customer as a result of strikes and demonstrations by the Saathis of the Cabs;
- 7.6 for any direct or indirect loss or damage which may be suffered by the Customer as a result of bad weather;
- 7.8 for any direct or indirect loss or damage which may be suffered by the Customer as a result of traffic congestion;
- 7. for any direct or indirect loss or damage which may be suffered by the Customer as a result of any accidents;
- 7.9 for any direct or indirect loss or damage which may be suffered by the Customer as a result of failure of the Saathi to turn up to pick up the Customer;
- 7.10 for any direct or indirect loss or damage which may be suffered by the Customer as a result of force majeure events.
- 7.11 for transactional messages sent on mobile numbers provided to us during booking; which might be listed on any/all Do Not Call registries.
- 7.12 for failure to provide infotainment or any other services inside the cab, advertised or offered in any form of communication, as this is a complimentary value addition and not mandatory from RTO.
8.The Customer shall always pay taxi fares (as displayed in the meter), waiting charges, parking charges, additional night surcharge and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi services, without any demur or protest. The toll charges will be payable by customer as applicable, only when the customer is travelling in Taxi & crosses the toll post, without any demur or protest.Any payment & Service Tax made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice on your registered e-mail account with the Company.
9.The Company, is entitled to cancel/terminate the cab bookings done by a particular Customer/corporate client, with or without prior notice
10.INDEMNITY The Customer undertakes and agrees to indemnify the Company, and keep the Company indemnified from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnify basis) claims, demands, actions and proceedings which The Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or purposed use of Services and shall pay such sums on demand.
11.COPYRIGHT: All intellectual property rights subsisting in the contents of this website belong to The Company and/or the respective third party proprietors identified in this website. These works on this site are protected by copyright laws and/or other laws. Therefore, no part of parts hereof may be reproduced, broadcast or transmitted in any manner of by any means or stored in an information retrieval system without the written permission of The Company.
12.Governing Law and Jurisdiction: The validity of these terms and conditions shall be governed and in force in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction.
13.DISCLAIMER: The Companys website is continuously updated and checked for inaccuracies, omissions and inconsistencies. However, even with the greatest care, inaccuracies, omissions and inconsistencies may occur. The Company does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. The Company does not represent or warrant that the information and content on this site, or the facilities that make it available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to this site will be uninterrupted or that your transmissions will be processed in a timely manner. The Company is not liable for any loss or damage arising from the use of this content and information.
14.The Company shall have the right at any time to change or modify the terms and conditions applicable to the Customers use of the this website, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon posting of such changes on this website. Any use of this website by the Customer after such posting shall be deemed to constitute acceptance by the Customer of such changes, modifications or additions.
15.In case of airport drops; Keeping in mind the importance of the customer’s time and itinerary; For scenarios wherein there are no cabs available in the customer’s vicinity, the company reserves the right to cancel the booking 15-30 MINUTES prior to the stipulated PICK-UP TIME. This is with the objective to allow the customer sufficient time to arrange for an alternative mode of transport.
16.Cancellation & Refund.
- 16.1 Customer may cancel the booking anytime prior to travelling by informing TABcab call center with cancellation reason.
- 16.2 The Company never charge any cancellation fees.
- 16.3 Since we dont take payments in advance, we dont provide refunds, all the payments are taken after the completion of trip as per amount shown in the Fare Meter.
Company is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
17.1 What we collect
We may collect the following information:
- 17.1.1 name and job title.
- 17.1.2 contact information including email address.
- 17.1.3 demographic information such as postcode, preferences and interests.
- 17.1.4 other information relevant to customer surveys and/or offers.
17.2 What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: :
- 17.2.1 Internal record keeping.
- 17.2.2 We may use the information to improve our products and services.
- 17.2.3 We may periodically send promotional emails/SMS about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- 17.2.4 From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests..
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.