Terms Of Services

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 Last updated on: 13th June 2021 3:40 PM

Terms & Conditions of Carriage

Nayantara Shipping Private Limited’s website, www.nayantarashipping.com is offered to the customers on an express condition of acceptance of these terms hereof. These terms shall constitute a valid binding contract between us and the customer availing our services through any permitted means for carriage by water and ancillary matters thereof.
In the event, you do not wish to be bound by the terms, then you are requested to exit our website immediately and contact us regarding your query.

Definitions

Unless repugnant to the meaning or context thereof, the following terms have been ascribed meaning in the manner set out below;

“Booking” means the act of creating an itinerary with your details such as name, contact details, etc, includes any additional information that we may seek from time to time.

“Itinerary” means a document issued by us, containing your name, contact details, vessel information, PNR or booking reference number or both, breakup of the tariff, an extract of the Conditions of Carriage and/or link to such conditions.

“Booking terminal” OR “Point of sale booking” means facility provided by us for ticket booking, includes, tickets booked on our website, offline ticketing counters set-up by us at the terminals or any other place & designated travel partners who shall facilitate bookings for you.

“Baggage” means the Customer’s bags, luggage and suitcases containing your belongings and carried along by you in connection with the travel.

“Confirmed booking” or “Valid ticket” means a booking for which we have acknowledged the receipt of payment in any manner, includes but not limited to, email or text acknowledgment upon you completing the payment, which shall include issuance of a valid confirmation number OR PNR by us, as the primary record of the reservation.

“Customers”, “you” or “your” means any person, except members of the operating crew, carried or to be carried in one of our vessels by us, pursuant to a valid booking.

“Designated travel partner” means an authorized travel agency/travel portal that makes bookings, issues tickets and provides other connected services on our behalf.

“Terms of Carriage” OR “Terms and Conditions” OR “Terms” shall mean those which are readily available on her website or incorporated by reference in your ticket.

“PNR” means a unique booking reference which identifies the booking details of you in our database.

“We” OR “Us” OR “Our” OR “Nayantara” means Nayantara Shipping Private Limited.

“Website” means the website of Nayantara Shipping Private Limited, i.e., www.nayantarashipping.com, which shall be used by you to make your bookings or access other information about us.

Interpretation

A.1
In our efforts of making every aspect of this contract user friendly, we have used descriptive headings or titles for sections/clauses or paragraphs, however, they have been inserted solely for convenience of reference and may be ignored for the purpose of interpretation as they are not intended as complete or accurate descriptions of content thereof.
A.1.2
Words written in singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of these Terms and Conditions to any person or persons or circumstances except as the context otherwise permits.
A.1.3
Any reference to any statute or statutory provision shall include:
      (I) All subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted, or consolidated), and
      (II) Such provision as from time to time amended, modified, re-enacted, or consolidated to the extent such amendment, modification, re-enactment or consolidation applies or capable of applying to any transactions entered into under these Terms and Conditions.

Booking And Travel Related Information

All customers making online, point of sale bookings at our offline booking facility or through our designated travel agents, are deemed to have agreed to be bound by these terms and conditions of carriage. Additionally, for any booking made through our designated travel agents, the Customer shall have a right to demand availability of these terms and conditions before proceeding further with the booking. Upon such request, our designated travel agent would provide the customer with a link to our terms and conditions readily available on our website.

B.1
We request you to book your ticket in advance because our online and offline booking terminals would close 45 prior to the departure time of a particular journey. However, we shall reserve the right to allow offline bookings depending upon the availability and our discretionary assessment on a case-to-case basis.
B.2
A confirmed booking would be valid from the date of booking as per our records until the last date of travel set forth in the booking itinerary. Any discrepancy or conflict between an itinerary and a booking as per our database, the information retrieved from our database shall prevail.
B.3
We request you to carry a valid photo ID for verification purposes. This will assist us in ensuring that a customer is traveling on a valid ticket issued in his/her name. Thus, establishing your proof of identity would be a mandatory prerequisite for boarding our vessel. Furthermore, we shall not condone any request by a customer in respect of non-compliance with this provision unless our designated officer validates such non-compliance.
B.3.1
The following documents would constitute as valid photo ID:
      (a) Aadhar issued by the Unique Identification Authority of India.
      (b) A valid passport
      (c) Voter photo identity card issued by the Election Commission of India,
      (d) PAN card issued by the Income Tax Department,
      (e) Driving license issued by authorized transport authority.
Apart from the documents mentioned above, we reserve the right to accept any other form of valid photo ID issued by the Government.
B.3.2
We shall not allow any requests for a name change after a ticket has been booked. Therefore, you shall be solely responsible for entering your name and other details correctly. Furthermore, Tickets are non-transferable.
B.4
As a matter of policy, we will not charge for an infant below the age of 4. However, to establish the authenticity of the same, we request you to carry a valid photo ID of your infant as well. Failure to produce a valid photo ID of an infant at the time of check-in would constitute non-compliance and we would have the authority to charge a full ticket price for such an infant.
B.4.1
An infant shall not be allotted a separated seat unless we have charged for a full ticket as per B.4.
B.4.2
An unaccompanied infant shall not be allowed to board our vessel under any circumstances.
B.5
Our Boarding gates will close 30 minutes prior to the departure time of a particular journey. Therefore, in order for us to carry out the check-in process smoothly, we request you to report 1 hour prior to your departure time. Failing to report as per the prescribed time would authorize us to cancel your ticket without initiating any refund whatsoever.
B.6
After your successful check-in, you are expected to carry your boarding pass and your photo ID at all times. You may be requested to produce these documents at any time at the terminal to verify the identification of the Customer by terminal authorities.
B.7
Unless a particular seat was selected as per your preference at the time of booking your ticket, we shall randomly allot you a seat based on our occupancy for that particular journey. However, depending upon the availability and at our complete discretion, we would be able to accommodate a request for seat preference or up-gradation request upon payment for such service.
B.8
While we love all kinds of animals but due to safety concerns, we will not be allowing you to carry any animals on board our vessel. Furthermore, we will not be entertaining such requests.
B.9
Smoking, spitting, etc, is strictly prohibited on our vessel and within the premises of the terminal. Passengers contravening the said provision shall be dealt accordingly.
B.10
Carrying and consumption of drugs OR alcohol on our vessel OR within the terminal premises is strictly prohibited by law. Additionally, we shall also reserve the right to refuse boarding to a passenger in an intoxicated state for the safety of others on board and such refusal shall be without any refund whatsoever.

General Understanding

C.1
We request your absolute cooperation during the check-in, boarding, transit, and deboarding process. This would allow us to handle you and other passengers safely and would eventually ensure that you have a hassle-free experience with us.
C.1.1
We shall not tolerate any kind of misconduct with any of our team members or terminal authorities.
C.1.2
Such misconduct, inability to cooperate or any other unacceptable behavior on your part would authorize/allow us to cancel your ticket without any refund or impose a suitable penalty (includes monetary or otherwise) depending upon the situation.
C.1.3
Damage to our vessel or terminal property including tampering, stealing, etc with equipment, such as, passenger seats, etc on our ferry or terminal is punishable by law and defaulters will be dealt accordingly.
C.2
Notwithstanding anything contained in these terms and conditions of carriage, we shall at all times reserve the right to admission.
C.3
We shall reserve the right to cancel or change the published timetable of our voyages at any time and in such manner as we would deem fit for our operations in our commercial wisdom. Thus, we will not be held liable for any loss that passengers may suffer thereof due to such cancellation or change. To that extent, the passenger undertakes to indemnify and hold us harmless from any such consequences.
C.3.1
If you have a confirmed ticket then we shall alert you about the changes or cancellations, however, we shall not be liable for any damage or loss due to non-communication of such change or cancellation if you have not provided correct contact details or the non-communication is on the account of technical difficulties or circumstances beyond our control.
C.3.2
While we shall try our best to adhere to our published timetable without any deviations per se, however, change or cancellation in accordance with clauses C.3, C.5 & C.5.1, would entitle you to either claim a refund in accordance with clause E.5 or reschedule your journey depending upon the availability for that particular date.
C.4
We shall not be responsible for any consequences of whatsoever nature resulting from pre OR during carriage illness/ailments that may manifest during the course of carriage.
C.4.1
Passengers are to travel at their own risk, and we will not accept any responsibility for any loss, damage, accident, death or loss of life not attributable to any act, neglect, default on our part.
C.4.2
To that extent, the passenger undertakes to indemnify and hold us harmless from any and all such consequences.
C.5
We will not be obliged to pay compensation or provide facilities where cancellations and delays have been caused by an event of force majeure that is, extraordinary circumstances beyond our control, the impact of which leads to the cancellation/delay of scheduled voyages, and which could not have been avoided even if all reasonable measures had been taken by us. Such extraordinary circumstances may in particular occur due to political instability, natural disaster, civil war, insurrection or riot, flood, explosion, epidemic/pandemic, government regulation or order affecting the voyage (including government mandated lockdowns), strikes and labour disputes causing cessation, slowdown or interruption of work or any other factors that are beyond our control.
C.5.1
Additionally, we would also not be liable to pay any compensation in respect of cancellations and delays clearly attributable to Terminal Authorities, meteorological conditions, security risks, or any other causes, such as but not limited to, our crew unable to reach due to congestion on roads, etc, that are beyond our control, but which affect their ability to operate on schedule.
C.6
Notwithstanding anything contained in these terms of carriage, we shall always give priority to emergency services at all times.

Information Related To Baggage Allowance, Etc.

D.1
The maximum weight permissible for a baggage shall be 7 kg per passenger.
D.2
No relaxation would be given to a passenger traveling with an infant unless a seat has been allotted in accordance with B.4.
D.3
The baggage shall not exceed the following dimension;
D.4
We shall reserve the right to refuse carriage of baggage with certain restricted items. A description of such items is set out below;
      (a) Items, the carriage of which is prohibited by applicable laws, regulations or orders;
      (b) Flammable liquids and solids such as lighter refills, lighter fuel, flammable paints, thinners or fuel containers, used internal combustion or fuel cell engines, matches, lighters, etc.
      (c) Anything that possess or is capable of possessing or emitting a conspicuous or offensive odour;
The list is merely indicative and shall not be treated as comprehensive or exhaustive.
D.4.1
We shall reserve the right to refuse to carry any item as baggage, if the said item in our opinion is unsuitable for carriage because of its size, shape, weight, content, packaging, etc.
D.5
For safety reasons, you and your baggage will be subject to undergo a search, x-ray or other type of scan.
D.5.1
In the event, the scan or search causes any injury to you, we shall not be held liable for such injury or damage, unless the same is caused due to our wilful misconduct or gross negligence.
D.5.2
Failure to comply with the scanning/searching requirement would entitle us to refuse boarding without initiating any refund whatsoever.
D.6
We shall not be liable or responsible for any article or item removed from your baggage by the terminal security or us in accordance with these terms.
D.7
We will not be held liable for any loss, damage, etc to your belongings, whether carried in hand or otherwise during the check-in, boarding, transit and deboarding process. To that extent, the passenger undertakes to indemnify us and hold us harmless for any or all such consequence and in all circumstances. Additionally, our liability for damage to baggage will be reduced by any negligence on part of the passenger, which causes or contributes to the damages in accordance with applicable law.
D.7.1
We shall not be responsible for any damage caused by the passenger’s baggage to other persons or their baggage.

Information Related To Fare, Refund & Rescheduling

E.1
Currently, we are only providing 2 classes for our passengers, i.e, a) Executive, & b) Business, and depending upon your booking, we shall be charging separate fare for both the classes.
E.2
The total ticket fare will be inclusive of the following components;
      (a) Base fare,
      (b) Government/Terminal taxes, fees, charges and surcharges, etc.
However, opting for services, such as, insurance and food will be added in the total ticket fare.
E.3
All fares are quoted in Indian Rupees (INR)
E.4
We shall reserve the right to change the fares without any notice. However, fare of a confirmed ticket shall not be affected due to such unilateral change. Additionally, if the passenger requests for a subsequent date or time change in the ticket, difference between the revised fare and the original fare paid by the passenger, shall be applicable and paid by the passenger.
E.5
Unless provided otherwise in these terms and conditions of carriage, cancellation matrix shall be followed by us for determining the amount to be refunded in applicable cases;
E.6
Refunds for tickets purchased through Credit/Debit Cards, Net Banking, Wallets, and other electronic means will be processed within 7-10 days from the date of cancellation. However, we shall not be liable or responsible for any delay not attributable to our actions.
E.7
Refund for a ticket purchased through cash transaction at one of designated offline facility shall be initiated at that facility itself and would be processed in cash only. Furthermore, the person claiming the refund should either be, a) Passenger as per the ticket, or b) Authorized representative of the passenger. The same shall be verified for the purposes of refund.
E.8
Wherever applicable, all refunds shall be initiated after deducting taxes/handling charges and will be made in INR.

Miscellaneous

F.1
At all times, you are obligated to represent that you are of sufficient legal age to use this service and be bound by the terms. You have to mandatorily ensure that you possess the legal right and ability to create binding obligations for any liability that you may incur as a result of the use of our service.
F.2
Unless specifically permitted by us, our website and all the products and services offered by us, including without any limitation, are meant for personal and non-commercial use only, and cannot be redistributed by you to any person not authorized to receive the same.
F.3
We cannot warrant or represent that use of our website or our online booking facility or any third-party payment systems used for making payment to us will be uninterrupted or error free or that any information, data, content, software or other material accessible through our website will be free of bugs, viruses, worms , trojan horses or other harmful components.
F.4
We shall reserve the right to amend, alter, modify, vary, etc, these terms and conditions at any time without any prior notice or liability. Additionally, any rights or permissions not expressly granted herein are reserved.
F.5
These Terms and Conditions shall be construed by, and governed in accordance with the laws of India and the Courts of Mumbai/Delhi shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with these Terms and Conditions