Limitation of Liability

What we are responsible for

A roadworthy, permitted and insured vehicle. A licensed, verified and briefed driver. The vehicle class you booked, or better. The published safety standards. Ground transport on every booking is run by us, with our own vehicles or vehicles we directly contract, and our own or directly verified drivers, and we are responsible for delivering it with reasonable care and skill.

Reasonable care and skill is not a form of words. In practice it means three things happen before your vehicle leaves for the pick-up. It is checked for the basics that make a car fit to be on the road that day, tyres, lights, brakes, fuel and the paperwork that has to travel with it. The driver assigned to your trip is briefed on the pick-up point, the pick-up time and any instruction you gave us at the time of booking, whether that is a second stop, a preferred route or something specific to your trip. And the vehicle that actually turns up is the class you booked or a higher one, never a lower one. Reasonable care and skill does not promise that nothing will ever go wrong on a road. It promises that the trip is planned and run the way a careful operator plans and runs one, and that when something does go wrong, we act on it properly rather than leaving you to manage it.

The route is the one agreed with you at the time of booking, or the shorter or faster alternative available on the day where that suits your schedule better. Where a driver has to depart from the agreed route, for a diversion, a closure or at your own request, that departure is recorded so there is an account of what actually happened and why, and so it can be checked afterwards if it ever needs to be.

What we are not responsible for

Not every delay or loss on a trip is ours to answer for, and the line between what is and is not is easier to see with an example on each side of it.

A traffic jam that adds ninety minutes to a journey is not something we are responsible for. No operator can move the traffic ahead of him, and a driver who took the route he was told to take and kept you informed as conditions changed has done everything reasonably expected of him. A driver who arrives late because he was sent out behind schedule from our end, or because he lost his way on a route he should have known, is a different matter. That is a failure on our part, and we treat it as one, whether that means an apology, an adjustment to the fare, or something more, depending on what it actually cost you.

A phone, a bag or a document left behind in the vehicle after you step out is, in the first instance, yours to notice and to ask us to retrieve, and our Lost & Found Policy sets out exactly how to do that. Something that goes missing from the vehicle while it was in our custody, through an act or an omission on the part of our staff, is not the same kind of loss, and we treat that as our responsibility rather than yours.

A delay caused by weather, a road closure or a genuine force majeure event sits outside what either of us can control, and it is handled under our Force Majeure Policy rather than under this one, with the interaction between the two policies set out further down this page. Beyond all of this, we do not cover consequential or indirect loss arising from a breach of this contract. What that means for you in practice, with a worked example, is set out in its own section below.

The liability cap

Our liability in respect of any booking is limited to the total amount paid to us for the affected service, together with the value of any statutory or insured compensation payable.

What cannot be excluded

Nothing in this policy excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded under Indian law, including your rights under the Consumer Protection Act, 2019.

Motor accident position

Three different sorts of cover sit behind every vehicle we put on the road, and each answers a different kind of claim. Third-party cover responds to a claim from somebody outside the vehicle, another driver, a pedestrian, the owner of a wall or a parked car, where our vehicle is found to be at fault. Comprehensive cover responds to damage to our own vehicle. Passenger cover responds to injury or death of the people actually travelling in it, meaning you and anyone travelling with you. The three exist alongside each other, they cover different people and different losses, and none of them stands in for the others.

Compulsory third-party motor insurance is maintained under Section 146 of the Motor Vehicles Act, 1988, and our fleet additionally carries comprehensive and passenger cover. Compensation under the Motor Vehicles Act, including through a Motor Accident Claims Tribunal, is independent of this policy and is not limited by it.

The Tribunal route exists because a road accident claim is a different kind of claim from a service dispute, and Indian law gives it its own process rather than folding it into the contract between us. A Tribunal can compensate for injury, death and loss of earning capacity in ways this policy was never written to address, it applies regardless of who was ultimately at fault, and it sits entirely outside anything either of us has agreed here. If you or anyone travelling with you is ever party to a genuine accident claim, nothing on this page, including the liability cap above, narrows what a Tribunal can award you.

Consequential loss, with a worked example

Consequential loss is the term the law uses for a loss that follows on from a problem with a service, rather than being the problem itself. It is a real cost to whoever ends up bearing it, and this page states plainly where that cost sits.

Say your airport transfer is delayed through a fault that is genuinely ours, the vehicle sent was not the one confirmed, and a replacement took forty minutes to arrange, and as a direct result you miss your flight. The delay and the inconvenience of the wrong vehicle turning up are ours to answer for. The value of the missed flight itself, a rebooking charge, a lost day at your destination, or a connecting arrangement that fell through because of it, is a consequence of that delay rather than a failure in the transport service we actually sold you, and our liability does not extend to it.

This is the ordinary position under Indian contract law. Sections 73 and 74 of the Indian Contract Act, 1872 limit damages to loss that flows directly and naturally from a breach, or that both parties could reasonably have contemplated when the contract was made. A missed flight is a genuine loss to you, and it is not a loss either of us had in view when you booked a transfer at the fare we quoted, which is why the cap set out above, the value of the affected service, together with any statutory or insured compensation, is where our responsibility ends.

Making a claim

We recommend writing to us within 30 days of your trip ending, so the facts are fresh and easy to check. This does not override any longer period the Limitation Act, 1963 or the Consumer Protection Act, 2019 gives you.

To raise a claim, write to us with your enquiry or booking reference if you have one, the date and the vehicle or trip involved, what happened in your own words, and anything that helps us look into it properly, a photograph, a screenshot, a receipt. Our Grievance Redressal page at /grievance-redressal sets out exactly who this reaches and how quickly we come back to you, and the same route handles a liability claim the same way it handles any other complaint, so there is one place to start rather than several.

Interaction with force majeure

Where the reason you did not get the service you booked is a genuine force majeure event, a landslide, a curfew, a strike, this page is not the one that decides what happens to your money. Our Force Majeure Policy at /legal/force-majeure sets out what counts as such an event and what does not, and what we do where one affects your trip: an alternative arrangement first, and a refund of what we are able to recover where that is not possible. The liability cap and the exclusions set out on this page apply to a failure that is ours to answer for. A force majeure event, by its own definition, is not.

Interaction with the Consumer Protection Act

Everything on this page describes the ordinary contractual position between us. None of it takes away a right the Consumer Protection Act, 2019 gives you as a consumer, and wherever anything here could be read more narrowly than that Act allows, the Act governs and not this page.

That includes your right to approach a Consumer Commission having jurisdiction over your complaint, your right to claim for a deficiency in service under section 2(11) of the Act, and your right to have any unfair contract term under section 2(46) treated as unenforceable regardless of what this page or our Booking Terms otherwise say. We have written this policy to be one we are prepared to stand behind.