Terms of Use

1. Who we are

   1. This website www.blinctrip.com, including the mobile site, mobile application or any other such feature (collectively “Our Website/ Website”) is published and maintained by Digital Blinc Technologies Private Limited.
   2. Digital Blinc Technologies Private Limited (“We/ Us/Our”) is a company incorporated in India, with its registered office at A/1, Mittal Tower, Free Press Journal Marg, Nariman Point, Mumbai – 400021, India.
   3. Our Website acts as an intermediary, that displays travel-related information such as availability and pricing of flights and hotels, and enables you to make bookings/ reservations with the airlines and hotels (“Our Services”). We do not provide, own or control any of the travel services and products that you can access through Our Website, such as flights, accommodations, buses, trains, rental cars, packages, or travel insurance (the 'Travel Products'). The Travel Products are owned, controlled or made available by third parties (the 'Travel Suppliers') either directly or through their agent(s). The Travel Suppliers are solely responsible for their Travel Products.

2. Your agreement with us

   1. By accessing or using Our Website, or by making any inquiries about or purchasing any of Our products or services, You, the User, agree to be bound by:
      • the terms and conditions (“Terms of Use”) set forth below
      • Our “Terms of Service” (“Terms of Service”) which set out the terms & conditions applicable to each of Our Services.
      • Our Privacy and Cookie Policy.
      • Any other guidelines/ policies/ terms, notified by Us on Our Website. (The Terms of Use, Terms of Service, Privacy and Cookie Policy and Any other guidelines/ policies/ terms, notified by Us on Our Website are collectively referred to as “Agreement”)
   2. Additionally, the Travel Suppliers may themselves provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Travel Product. You are responsible for familiarising yourself with and ensuring compliance with the terms and guidelines or operating rules and policies of the Travel Supplier with whom you choose to deal with, including fare rules, contract of carriage or house rules.
   3. We may revise, update or modify any part of the Agreement, for any reason. All changes are effective immediately when We post them on Our Website. Your continued use of Our Website following the posting of a modified Agreement, will show that you unequivocally accept and agree to any changes. You are expected to review the Agreement periodically for changes, and it is Your responsibility to stay abreast of all changes made to the Agreement, as they are binding on You.
   4. If you object to any provision of the Agreement or any subsequent modifications to the Agreement in any way, your only recourse is to immediately terminate use of Our Website.
   5. A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party or person.

3. Your eligibility to access/use our website

   1. You confirm that you are at least 18 years of age, and possess the legal authority to enter into an agreement.
   2. If You are a minor, or are otherwise incapable of entering into an agreement, you shall not register or otherwise use Our Website, and may only use/ transact on Our Website only through your parent or guardian.
   3. If, at any point, We discover that You are a minor or are otherwise incapable of or ineligible to enter into binding agreements, we reserve the right to suspend and/or terminate your membership and/ or to block access to the Website.
   4. We retain the right and sole discretion to deny access to anyone to Our Website and Our Services, at any time, without notice and for any reason, including, but not limited to, the violation of the Agreement.

4. Use of our website

   1. We grant you a non-exclusive, non-transferable, limited right to access, view, use and transact on this Website, strictly for lawful purposes and in accordance with the Agreement, as modified from time to time.
   2. Access to certain features of Our Website or the entire Website may only be available to registered User(s). The process of registration may require You to answer certain questions or provide certain information, either on a mandatory or optional basis. Such information may or may not be personal in nature. You represent and warrant that all information supplied by You is true and accurate.
   3. This Website is for your personal and non-commercial use only. You will use this Website only to make legitimate reservations or bookings for You or for any person who has authorised You to act on their behalf, on a strictly non-commercial basis. In the event that You are authorised to make any bookings/ reservations for another person, You will inform such other persons about the Agreement as well as any other terms/ policies/ restrictions that are applicable
   4. You may not use Our Website to make any speculative, false or fraudulent booking. All discounts and offers mentioned on the Website are applicable only to legitimate bookings.
   5. Except with Our prior express and written consent, all travel agents, tour operators, consolidators or aggregators are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, We reserve the unqualified right to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. We shall not be held liable for any loss or damage that may arise from the bookings made through such Travel Agents to any person. The liability in case of such cancellations shall be solely borne by such Travel Agents.
   6. You represent and warrant that all information, supplied by you on Our Website, whether pertaining to You or any person on whose behalf You are authorised to act, is true, accurate, current and complete, and up-to-date. Without prejudice to the generality of the above, You will ensure that all Names provided by You are as per the Passport or any other Government-approved ID.
   7. You will be solely responsible for any information provided by You to US, in case of any error or mistake in provision of information. We will not be liable for the same.
   8. We reserve the right to withdraw or amend this Website, and any Service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
   9. You may not use Our Website/ Services in any way that violates any applicable law, regulation.
   10. Without prejudice to the generality of any term or condition of this Agreement, You agree not to do any of the following:
       • Interrupt or attempt to interrupt the operation of Our Website in any way, or take any action that imposes an unreasonable load on Our computer or network equipment;
       • Use Our Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of Our Website, including their ability to engage in real time activities through Our Website;
       • reverse engineer, decompile or otherwise extract the source code related to Our Website or any part thereof, unless it is expressly permitted by Us to You in writing or is required by the applicable law;
       • Use any manual or automated system or software to extract data from Our Website ( such as, but not limited to ‘scraping'), for commercial or non-commercial purposes;
       • Deep-link to any portion of Our Website for any purpose;
       • Circumvent, disable or otherwise interfere with security-related features of Our Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of Our Website or any content on Our Website;
       • Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack
       • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
       • forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through Our Website; and/or
       • use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
       • Otherwise attempt to interfere with the proper working of Our Website.

5. Fees and charges

   1. In addition to the cost of booking as charged by Travel Suppliers, We reserve the right to charge certain fees in the nature of convenience fees or service fees, wherever applicable. We further reserve the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to You before confirming the booking or collecting the payment from You. Please note that the convenience/service fee charged at the time of booking of any and all trips on Our Website, is non-refundable as agreed and acknowledged by you at the time of booking, and any unwarranted claims from You in this regard will not be entertained. For more information and clarity in this regard, you may peruse the Terms of Service available here.
   2. Convenience fee will be levied on ticket fares and any ancillaries including onboard meals and extra baggage. In case of any cancellation, the convenience fee will be non-refundable.
   3. Any additional bags carried over and above your free baggage allowance, may attract an additional charge at the airport subject to the booked airline(s) discretion.
   4. In cases of short charging of the booking amount, taxes, statutory charges, convenience fee etc., owing to any technical error or other reason, We shall reserve the right to deduct, charge or claim the balance amount from You and You shall pay such balance amount to Us. In cases where the short charge is claimed prior to the utilisation of the booking, We will be at liberty to cancel such bookings if the amount is not paid before the utilisation date.
   5. Any increase in the price charged by Us on account of change in rate of taxes or imposition of new taxes, levies by the Government shall have to be borne by You. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
   6. In the event a booking not getting confirmed for any reason whatsoever, We will process the refund of the booking amount paid by You and intimate You about the same. We are not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of Travel Supplier or this Agreement, as the case may be.
   7. You shall be entirely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
   8. You agree and understand that all payments shall only be made to Our bank accounts. We shall never ask You to transfer money to any private account or to an account not held in Our name. You agree that if You transfer any amount against any booking or transaction to any bank account that is not legitimately held by Us or to any personal account of any person, We shall not be held liable for the same. You shall not hold any right to recover from Us any amount which is transferred by You to any third party.

6. Special offers/coupons

   1. We do not claim any responsibility or liability for any loss, damage, issue or claim, in relation to any special offers, coupons or any deals, collaborations, arrangements offered by third parties on our platform. You are requested to read through the terms and conditions of all offers offered by third-parties prior to availing of the same.
   2. The following terms will additionally apply to any offer provided by Blinctrip:
      • Blinc’s responsibility is limited to sharing the coupon with the User subject to receipt of payment from the User;
      • The redemption of coupon is User's responsibility;
      • The expiry date of the coupon shall be mentioned on the coupon and the User will not be able the use the coupon subsequent to the date of expiry;
      • The coupon is not redeemable for cash;
      • The coupon once purchased cannot be refunded or cancelled.
      • Each offer/coupon is subject the specific terms and conditions applicable for each offer and shall be specified in the coupon.”

7. User-generated content

   1. We may, at Our discretion, permit you to submit, post, publish or display content or materials such as comments, reviews, trip experiences or recommendations of Our Services/ Travel Products (“User Contribution”) on Our Website.
   2. If you send any communications or materials to Us by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will also be treated as User Contributions.
   3. You represent and warrant that Your User Contributions do and will comply with the Agreement.
   4. Any User Contribution you post to the Website or otherwise share with Us/ Our Website will be considered non-confidential and non-proprietary. By providing any User Contribution on Our Website, you grant Us and our affiliates, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, adapt, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, anywhere in the world, in any medium, forever.
   5. You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates and Travel Suppliers and other service providers, and each of their and Our respective licensees, successors, and assigns;
   6. You hereby give up any and all claims that any use of User Contribution violates any of Your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way We, Our affiliates, licensees or assigns use such material.
   7. You understand and acknowledge that you alone are responsible for any User Contributions you submit or contribute, and undertake full responsibility for such User Contributions, including its legality, reliability, accuracy, and appropriateness. We are in no manner responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of Our Website.
   8. It is Your responsibility to ensure that all User Contributions abide by all applicable laws, including but not limited to the Information Technology Act, 2000 and the rules, regulations and guidelines thereunder.
   9. Without in any manner abridging or limiting any other restrictions in the Agreement, User Contributions must not contain material which:
      • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states;
      • threatens public order or causes incitement to the commission of any cognizable offence including but not limited to (i) Acts of physical harm committed against people (ii) Theft (iii) Vandalism or property damage (iv) Fraud (v) Trafficking as defined under extant Indian law. (vi) Sexual violence or sexual exploitation, including sexual assault, as defined under extant Indian law.(vii) Consumption and selling of banned substances;
      • prevents investigation of any offence;
      • contains credible statements of intent to commit violence against any person, groups of people or place;
      • contains calls for violence or statements advocating violence against any person, groups of people or place;
      • is grossly harmful, defamatory, libelous, abusive, offensive, harassing, violent, hateful, inflammatory, blasphemous or otherwise objectionable;
      • is grossly offensive or menacing in nature;
      • is sexually explicit, obscene, indecent or pornographic and/ or paedophilic;
      • causes or encourages harm to minors in any way;
      • facilitates identity theft by posting or soliciting personally identifiable information, including (but not limited to) Aadhar numbers, passport numbers or bank account details etc;
      • contains medical/psychological, biometric or genetic records or official documentation of others without their consent;
      • is invasive of another’s legitimate expectation of privacy;
      • constitutes hate speech under extant Indian laws or is otherwise ethnically and racially objectionable;
      • promotes violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
      • relates to or encourages money laundering or gambling;
      • contains any information which belongs to another person and to which You have no right;
      • deceives or misleads the reader about the origin of the User Contribution;
      • provides false or deceptive information;
      • violates intellectual property rights of any individual, entity or third party;
      • publicly disparages anyone;
      • is unlawful in any manner whatsoever
   10. In addition, you will ensure that you do not:
       • Impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity;
       • Use Our Website to solicit, or store personal data/ information about others;
       • Transmit any advertisement or promotional materials on Our Website, without our express consent in writing;
       • Delete, add or otherwise change other people’s User Contributions;
       • Solicit personal information from anyone.
   11. You understand and acknowledge that We retain the unqualified right to remove or modify User Contributions, including but not limited such User Contributions which are not compliant with this Agreement.
   12. We respect the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send Us a written notice/ intimation to legal@blinctrip.com in accordance with this Terms of Use which must include the following information:
       • Clear identification of such protected work that you claim has been infringed;
       • Location of the material on Our Website, including but not limited to the link of the infringing material;
       • The proof that the alleged work is owned by you;
       • Your Contact information.
   13. You can report any other content (i.e other than content which is violative of intellectual property rights and is governed by Clause 6.12 above), including User Contributions, which are violative of this Agreement by sending a link of the infringing post and Your objection to Nodal Officer at alyona.gomes@blinc.tech. Typically, We will try and resolve reported cases as soon as feasible, however, please be warned that such review may take reasonable amounts of time. All decisions made by the Us are final and binding, although, We, at Our own discretion, review and/or amend any of its previous decisions. Notwithstanding anything else contained in this policy, nothing derogates from Our right to allow content which may be deemed as appropriate.

8. Ownership/ Copyright

   1. Our Website and its entire contents, including but not limited to features, functionality, audio, images, software, text, icons and the design, selection and arrangement thereof, of proprietary logos, service marks and trademarks (the “Proprietary Content”), are owned by Us, Our licensors, or other providers of such material (as the case may be) , and are protected by Indian and international copyright, trademark, patent, trade secret or other applicable intellectual property law.
   2. You must not modify, copy, download, screenshot, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Proprietary Content obtained from or through this Website, except as follows:
      • You may temporarily store copies of such materials in Your device’s RAM or Web browser caches, as is incidental to your accessing and viewing those materials.
      • you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website
      • You may print or download one copy of a upto 2 pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
   3. You agree to follow all instructions on this Website limiting the way you may use the Content.
   4. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
   5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Our Website in breach of the Agreement, your right to use the Website will stop immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Our Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of the Website not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws.

9. Sponsored content

   1. “Sponsored Content” means content distinct from regular content or information displayed by/ on behalf of Our Travel Suppliers and includes content in the form of audio, video, text and/or image media which supports a third party’s brand message or views that is readily identifiable upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words other than those used for regular content (such as Ad”, “Powered by”, “Sponsored by”, “With”, Advertorial” and such other phrase of like meaning).
   2. Information, including Sponsored Content, User Contributions, or software, products, and services contained on Our Website, and the inclusion or offering of any products or services on Our Website does not constitute any endorsement or recommendation of such products or services by Us.

10. Third party websites

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

11. Right to cancel/ terminate

    1. We may terminate this Agreement at any time, with or without notice and may disable Your access to the Website and/or barring You from any future use of the Website.
    2. You may terminate this Agreement at any time by terminating Your access to the Website. However, Your certain obligations under this Agreement shall continue to prevail even on such termination. Your data and/ or information may continue to be retained by us in accordance with Our Privacy and Cookie Policy.

12. Visa

    You are required to carry a valid visa for the country You will be visiting or transiting through. You are solely responsible for checking with the concerned Travel Supplier and embassy for Visa requirements.

13. Disclaimer of warranties

    1. By making a reservation/ booking through Our Website, you recognise and understand that We act merely an intermediary/ facilitator connecting You with Travel Suppliers. We are not in any manner responsible or liable for any issues or concerns faced by You at the time of availing the Travel Products; or for any acts, omissions, errors, representations, warranties, breaches or negligence on the part of any Travel Supplier. We assume no liability for the standard of service provided by Travel Suppliers, and no provide no assurances or guarantees with regard to the availability, quality or fitness of the Travel Products. We disclaim all warranties in this regard.
    2. We disclaim all warranties of merchantability, relating to the information and description of the Travel Products displayed on this website (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this website are intended as only general guidelines, and the Travel Suppliers do not guarantee the accuracy of the ratings.
    3. We disclaim all warranties in relation to Our Website/Our Services whether express or implied, including but not limited to:
       • the Website/ Our Services being constantly available or available at all;
       • the Website/ Our Services or any Travel Product being accessible/ available for purchase in Your country or location;
       • any Travel Product being available at all. All Travel products are subject to availability. We shall not be responsible if at the time of completing the transaction on the Website, the product is not available or is sold out;
       • that the Website/ Our Services will always function without disruptions, delay or errors;
       • Your personal ability to use the Website;
       • Your satisfaction with the use of the Website;
       • the quality, accuracy, completeness of the data provided by the Website;
       • that the information or data provided through the Website is free from technical inaccuracies or typographical errors;
       • the security and privacy of Your information or data;
       • that all bugs or errors in relation to the Website will be corrected;
       • that the Website will be compatible with all devices and all networks;
       • that the Website/ Our Services are fit for a particular purpose or use or merchantable;
       • that the Website and its contents would be perpetually secure and not prone to breaches of security anywhere in the world.
    4. The materials on this Website are provided and “as available,” “with all faults” basis and without warranties or representations of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law.
    5. No advice or information, whether oral or written, which You obtain from Us shall create any warranty not expressly made in the Agreement.

14. Limitations of liability

    1. We may add, change, discontinue, remove or suspend any other content, services or information posted on the Website, including features and specifications of Travel Products described or depicted on the Website, temporarily or permanently, at any time, without notice and without any liability.
    2. In no event will We and/ or Our contractors, directors, employees, agents, third party partners, licensors or suppliers, be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this Agreement, (ii) the Website (iii) Our Services, or (iv) Your use or inability to use Our Services.
    3. In no event will We or any of Our contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) the Agreement, (ii) Our Services, (iii) Your use or inability to use the Our Services or the Website, or (iv) any other interactions with Us, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services or the Website giving rise to the cause of action or One Thousand Rupees (INR 1000), whichever is less.
    4. You acknowledge that this Website is provided only on the basis set out in the Agreement. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside Our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. We do not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use Our Website.

15. Communication/ notices

    1. We may provide you with notices and communications by postings on the Website, email, phone or regular mail.
    2. You authorise Our representative to contact You over phone, message and email. This consent shall supersede any preferences set by such You through national customer preference register (NCPR) or any other similar preferences.
    3. Except as otherwise set forth herein, notice to Us must be sent by courier or registered mail to Digital Blinc Technologies Private Limited (Blinctrip ) at A/1, Mittal Tower, Free Press Journal Marg, Nariman Point, Mumbai – 400021, India.

16. Account security and back-ups

    1. You are responsible for ensuring the secrecy and confidentiality of Your login details, password, account information and payment information. You also acknowledge that Your account is personal to you and agree not to provide any other person with access to Our Website or portions of it using your user name, password, or other security information.
    2. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
    3. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is Your responsibility, prior to transfer or disposal of such device, to remove Your information or otherwise disable access to such software or service in order to prevent unauthorised access to Your information or account.
    4. You will be entirely responsible for any use or misuse of Your account by You or by any person using Your login and password (with or without your permission).
    5. If you have reason to believe that Your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of Your information or computer or mobile device used to access Our Website), you must promptly change Your information, including login, password, security questions or payment information that is compromised.
    6. We keep all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., we may at times verify certain information of its Users like their credit score, as and when required. All payments made through our platform are in compliance with the guidelines prescribed by the RBI from time to time. Registration of a card on our platform can only be done with Your explicit prior permission.
    7. We abide by the industry standard to secure the information as provided by You. However, We cannot guarantee that there will never be any security breach of its systems which may have an impact on Your information too.
    8. Our employees or authorised representatives will never contact a User asking for Your credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information. Under no circumstances whatsoever We will be liable for any loss or damage, of whatever nature, arising from the same.
    9. You are solely responsible for creating and/ or maintaining back-ups of information pertaining to you, including User Contributions and/or travel itineraries and booking. We are not responsible for any data or information that may not be available on the Website.

17. Account management

    If You are an individual with an account on Blinctrip the present terms govern the process of deletion of Your account maintained on Blinctrip.

    Account deletion:

    • If you delete your account on Blinctrip, we shall endeavour to delete your information shared under Your Blinctrip account including personal information, unless we need to keep it as described under our Privacy Policy for legal and compliance purposes. It is important to note that following deletion of account you won't be able to reactivate it, and you won't be able to retrieve information shared.
    • If you request that we delete your account, it may take up to 30 days to delete your information after we begin the account deletion process or receive a content deletion request. After the information is deleted, it may take us up to another 30 days to remove it from backups.

18. Indemnity

    You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of Our Services, or the Website, or any Travel Products, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.

19. No waiver

    We may choose to not act with respect to a breach of this Agreement by You or others, but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision, under any circumstances.

20. Severability

    If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

21. Arbitration and governing law

    1. This Agreement shall be governed by and shall be construed in accordance with the laws of India.
    2. Although Our Website may be accessed from any Country, By using the Website, You agree that Our obligations, whether arising from this Agreement or otherwise, will be governed by Indian law. You agree that You shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and We cannot be held responsible for the same.
    3. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this Agreement or the validity or the breach thereof shall be settled by reference arbitration to a sole arbitrator. The venue and seat of Arbitration will be Mumbai. Arbitration and the award made in pursuance thereof shall be binding on the parties.

22. MobiKwik Cashback Offer

    Blinctrip in collaboration with One Mobikwik Systems Private Limited (“MobiKwik”) is providing Users with the option to avail minimum cashback offer of INR 250/- (Rupees Two Hundred and Fifty Only) to a maximum cashback sum of INR 750/- (Rupees Seven Hundred and Fifty Only) on a Minimum transaction of INR 5,000/- (Rupees Five Thousand Only) in their MobiKwik wallet (“Offer”), subject to the terms and conditions specified hereinbelow.

    This promotional offer shall be available till 23:59 hrs IST on 30th June, 2024 (“Offer Period”)

    1. Terms of Offer:
       • The Offer can be clubbed or combined with any other offer, coupon, or discount provided by Blinctrip, its contractors, directors, employees, agents, third party partners, licensors or suppliers.
       • User cannot avail the Offer more than once in a single month in the Offer Period.
       • The Offer is only valid for transactions relating to domestic flights in India and not applicable on any international flights.
       • The Offer cannot be clubbed or combined with any other Bank offers, coupons or discounts.
    2. How to avail offer:
       • While completing the transaction, User must choose MobiKwik wallet as the chosen payment of method and type in the code “MBK750” on the MobiKwik payment page. The transaction must be completed using MobiKwik wallet as the chosen mode of payment.
       • By using the code “MBK750”, the user shall receive a minimum assured cashback to the tune of INR 250/- (Rupees Two Hundred and Fifty Only) up to a sum of INR 750/- (Rupees Seven Hundred Fifty Only), which will be directly credited the MobiKwik wallet used for the transaction upon successful completion of the transaction. The code “MBK750” is only applicable on a minimum transaction of INR 5000/- (Rupees Five Thousand).
    3. Additional Terms and Conditions of the Offer:
       • Pursuant to completion of the transaction on Blinctrip’s website, if the user has availed the Offer, the receipt of the cashback shall be subject to MobiKwik’s terms and conditions, to the exclusion of Blinctrip. Blinc does not claim any responsibility or liability for any delay, technical issues, loss, damage, claim, or other issues in relation to the Offer.
       • By availing of the Offer, the user agrees not to hold Blinctrip responsible or liable for any delays, deductions, loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Offer or its use, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
       • Cancellation of booking:
         • In the event of cancellation of bookings, whether partial or full cancellation, refund amount(s) shall be adjusted accordingly and refund of amount (if any) shall be credited to the users source account of payment made for bookings originally within 7 to 10 days of initiating refund.
         • In the event of cancellation of bookings resulting in refund of amount, cashback provided to users will be accordingly rolled-back and adjusted in accordance with the refund amount, in respect of which Blinctrip reserves complete right and discretion.
         • Both MobiKwik & Blinctrip herein reserve the right to discontinue the offer without any prior notice.
       • Amendment of booking: In the event of amendment to any booking by a user and any additional amount to be paid, payment in respect of the same must be made via MobiKwik Wallet in order for the offer to continue to be applicable. In the event of any claims by user(s) with regard to the offer following the amendment of booking(s) Blinctrip reserves the exclusive right to render final decision in respect of the same.
    4. Indemnity:
       • The user herein agrees to indemnify, defend and hold harmless Blinctrip, its holding company, subsidiaries, associate, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Participants breach of this Terms and conditions; or (ii) Any claims made by any third party due to, or arising out of, or in connection with,; (iii) User’s violation of any applicable laws.
       • Notwithstanding anything to contrary in this Terms and Conditions, in no event shall Blinctrip’s subsidiaries or associate or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the participant or anyone claiming through the user in respect of any subject matter of this Terms and Conditions or Offer under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not.
    5. The Offer is subject to any terms and conditions, including any limitation of liability, set out in the Terms of Use and Terms of Service.