SERVICE TERMS AND AGREEMENT FOR TRANSPORTATION RESERVATIONS This Service Terms and Agreement for Transportation Reservations & Bookings (the “Agreement”) is by and between Win Travels(“Win Travels”) and you (either individually or on behalf of any entity whom you are representing)(“Client” or “you”). This Agreement governs your procurement of bus Package / Per Seat Basis / Rental services (the "Package / Per Seat Basis / Rental Services"). BY CLICKING “I AGREE”, MAKING A RESERVATION, UTILIZING THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES, OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOURSELF AND, IF APPLICABLE, YOUR ORGANIZATION, AND ARE DOING SO, (B) YOU AND YOUR ORGANIZATION CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE ORGANIZATION SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT. You agree that you are fully responsible for the actions of all of you, your passengers, guests and invitees (collectively, the “Passengers”) aboard the buses provided through Win Travels(the “Service Buses”). 1. RESERVATIONS AND DEPOSIT Reservations for Package / Per Seat Basis / Rental Services may be made electronically through Win Travels’ website – www.gogoPackage / Per Seat Basis / Rental s.com (the “Website”) or by phone. Until the reservation is confirmed by Win Travels in writing (including by email) the reservation is subject to change by Win Travels, or you. You understand and agree that payment for all Package / Per Seat Basis / Rental services reserved through Win Travels shall be made payable to, and collected by, Win Travels . Win Travels is not responsible for any confirmation of your reservations that is lost or otherwise not received when booking via the internet. If your spam blocker is on, a confirmation may not get through. It is your responsibility to call and get a confirmation email when making a booking. All reservations that are more than seven (7) days from the scheduled date of service (the “Date of Service”) require a deposit of at least twenty to thirty (20 - 30) percent. Win Travels shall confirm the amount of the deposit at the time Client makes its reservation. Full payment is required within 3 days of the reservation. Client may change a reservation subject to (a) the availability of the requested Package / Per Seat Basis / Rental Services as proposed by the changed reservation, (b) payment of the applicable fee as determined by Win Travels in its sole discretion. For outstation bookings the Minimum distance would be considered as 300 Kms/Day and the charges would be applied on that basis. 2. CANCELLATIONS AND REFUND POLICY (a) Cancellation and refund charges are stated below: Cancellation Cut off TimeCancellation Return Amount 6 Hours To 12 Hours40% 12 Hours To 24 Hours70% More than 24 Hours85% •Partial Cancellation Is Possible. •Refund of partial cancellation will be processed after your journey date. •It Is Rights of Win Travels to Change Cancellation Policy Any Time Without Prior To Notice In certain specific circumstances, Win Travels may in its sole discretion refund some or all of a deposit or the Estimated Costs that have been paid by you if the Package / Per Seat Basis / Rental Service Bus breaks down or breaches its obligations under this Agreement to provide the Package / Per Seat Basis / Rental Services (a “Performance Failure”). Any such Performance Failure shall not affect, and there shall be no refunds of any sort, in connection with any Service Buses not affected by a Performance Failure that you may have charted for Package / Per Seat Basis / Rental Services under this Agreement. You shall remain fully responsible and liable for all deposits, the Estimated Costs and all other amounts due under this Agreement for any such other Service Buses and Package / Per Seat Basis / Rental Services in accordance with the terms of this Agreement. (b) If you want to cancel your reservation, you shall send written notice to: wintravelscs@gmail.com / Per Seat Basis / Rental s.com or call +91 9004328784 (c) You agree to pay any cancellation or change fees that you incur. Any charge associated with a cancellation is final and not transferable to future or alternative services. (d) If the driver arrives at the scheduled pick-up location and Client is not there, and we’re unable to locate or contact the contact person within 60 minutes of the scheduled pick- up time, by the means provided in the reservation, then the ride will be considered a no-show and the reservation cancelled. You shall be fully liable for 100% of the Estimated Cost. 3. RATES AND PAYMENT (a) All advertised rates are subject to change without notice and may be increased at any time prior to confirmation by Win Travels in its sole discretion. (b) The rate quoted for the Package / Per Seat Basis / Rental Services is an estimate based on the information that you provided to Win Travels in connection with your reservation. There may be additional charges including for taxes, credit card processing fees, damage to the buses, injury to the driver, overtime (i.e., exceeding the time of your reservation), traveling further than originally requested. (c) You hereby authorize Win Travels to initiate entries to your check/savings account and/or credit card at the financial institution provided by you at the time of reservation, and, if necessary, initiate adjustments for any transactions credited or debited in error or additional charges. (d) You agree that if any attempt to charge a credit or debit card is declined at any time, then Win Travels may terminate the option to pay by credit or debit card. If Win Travels terminates this option, then all remaining payments shall be made via check or electronic wire transfer. If you refuse to pay the remaining balance via check or wire then your reservation(s) will be cancelled and you will be subject to the cancellation charges set forth in Section 2. (e) You agree not to dispute any fees or charges in connection with the Package / Per Seat Basis / Rental Services that were otherwise made consistent with the terms of this Agreement, including cancellation fees, dispute resolution, the Waived Conditions and any other risks for which Win Travels has disclaimed responsibility or any claims that you have waived (the “Improperly Disputed Amounts”). If you dispute any such fees or charges, then Win Travels shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, any legals' fees and expenses and court or arbitration costs associated with enforcing and collecting payment any such fees or charges and any other damages suffered by Win Travels related to or arising from the Improperly Disputed Amounts. (f) It is a violation of law to place a reservation in a false name or with an invalid credit card number with the intent to defraud. Please be aware that even if you do not give Win Travels your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Accordingly, if you knowingly input false information in a reservation form, including someone else’s name, e-mail, address, physical address, phone number, random or made-up name, address, e-mail, or phone number, you agree to fully indemnify and be liable to Win Travels and its affiliate companies, for an amount Rs.2,00,000 to each company involved, plus any legals' fees and expenses and court or arbitration costs. 4. OVERTIME AND ADDITIONAL CHARGES (a) Client shall be fully responsible for any overtime incurred. Overtime will be charged at a rate determined by Win Travels in its sole discretion and is incurred in hourly increments (plus additional taxes and fees). Win Travels cannot guarantee the availability of overtime. It is of particular importance then that you make allowances for anticipated delays and adhere to the agreed time schedule. Time and charges begin when the Service Bus arrives at the pick-up location. If there is an error in the stated address, you shall be charged for the time needed to reroute the Service Bus to a different address. Charges will be based on Kilometres covered from Pick-Up Point to Destination and any additional distance covered within the city e.g., the distance between the Garage to the Pick-Up Point and from the Drop Point to the Garage. (b) You agree to pay the following additional expenses incurred in connection with Package / Per Seat Basis / Rental Services: (i) driver's food & stay, (ii) tolls, (iii) parking fees (iv) additional stops and (v) any other expenses incurred in connection with the provision of the Package / Per Seat Basis / Rental Services. You agree that if required, you will arrange for appropriate lodging for drivers that meet or exceed the following minimum standards. If you fail to provide the driver(s) with private lodging meeting the above listed requirements, you (i) authorize Win Travels to procure such alternative lodging for the driver(s) and (ii) agree to reimburse Win Travels for the cost of any such alternative lodging. 5. PACKAGE / PER SEAT BASIS / RENTAL SERVICES (a) Images of, and information regarding, buses and other vehicles presented on the Website may differ from the actual Service Buses. (b) Win Travels cannot guarantee any of the following (collectively, the “Waived Conditions”): othe specific make, model, year, or specific bus appearance of the Service Bus. othe functionality of the HVAC, air-conditioning or plumbing (including on-board restrooms) on the Service Bus. othe availability or working condition of requested amenities including to on-board restrooms, wheel-chair lifts, WI-FI internet, DVD/TV equipment, USB charging, or electric plugs. othe behavior of the drivers and how they treat the Passengers. othe drivers use of a cell phone. othe provision of the Package / Per Seat Basis / Rental Services if any of the Service Buses are affected by weather, mechanical breakdown, blown tires, motor vehicle accident or other similar events (collectively, the “Interference Events”) You acknowledge and agree that Win Travels does not guarantee the Waived Conditions and you specifically waive any claims against Win Travels or right to terminate this Agreement or demand any refund from Win Travels related to or in connection with the Waived Conditions. At Win Travels’ sole discretion, Win Travels may provide limited assistance in resolving claims against a Carrier when such claims are presented before trip end. With respect to any Interference Event, Win Travels use commercially reasonable efforts to get the Service Bus operating again or to obtain a replacement bus as soon as possible. (c) You acknowledge and agree that Service Buses and their drivers may not arrive on time for pickup, and may deliver Passengers later than their original scheduled arrival time. You specifically waive any claims against Win Travels to terminate this Agreement or any sort of refund if the Service Bus is delayed due to events of Force Majeure, including GPS malfunctions, GPS signal problems incorrect route information on the GPS, road closures, or traffic delays. In addition, you acknowledge and agree that certain road and vehicle conditions may require the Service Bus to travel slower than usual. The speed at which to travel, the route and any other trip related decisions shall be solely determined by the driver in his sole discretion. (d) Unless agreed to in writing at the time of the reservation, Win Travels is not obligated to provide options for buses or drivers that are school certified, or require special permits or certificates. Cancellation for such reasons shall not relieve you of cancellation charges as set forth in Section 2. (e) You agree that a reasonable number of seats on the Service Bus may be reserved to allow any required additional drivers or support staff to travel on the Service Bus. (f) Win Travels shall not be responsible for any lost or damaged items. Win Travels reserves the right to charge a fee for returning any items found in the Service Buses. (g) Win Travels or the driver may terminate any trip without refund in its sole discretion, if (i) the driver or the dispatcher on duty feels that you or any of the Passengers are putting the driver, the Service Bus or any of the Passengers in danger or harm or (ii) you and/or any of the Passengers are in possession of any illegal material and/or substance. This is without exception. (h) Unless agreed to in writing at the time of the reservation, we’re not obligated to arrange buses with more than one driver on each bus. 6. WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY (a) Warranties. Each party represents and warrants to the other that (a) it has the full power to enter into this Agreement and to perform its obligations hereunder, (b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this Agreement does not contravene, violate or conflict with any other agreement of such party. (b) Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WIN TRAVELSDOES NOT MAKE, AND WIN TRAVELSEXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS AGREEMENT, THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES, THE SERVICE BUSES OR THE PACKAGE / PER SEAT BASIS / RENTAL CARRIER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. WITHOUT LIMITATION TO THE FOREGOING, WIN TRAVELSDOES NOT PROVIDE ANY WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT WITH RESPECT TO THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES OR THE SERVICE BUSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. YOU EXPRESSLY AGREE THAT THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES AND THE SERVICE BUSES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. (c) Limitation of Liability. WIN TRAVELSSHALL NOT BE LIABLE TO YOU OR ANY OF YOUR PASSENGERS FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES OR THE SERVICE BUSES HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES OR THE SERVICE BUSES, WHETHER OR NOT WIN TRAVELSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN SUCH CASES, WIN TRAVELS ’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. In no event will Win Travels ’ total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or the Package / Per Seat Basis / Rental Services (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, to Win Travels during the twelve (12) months immediately preceding the date of the claim. The essential purpose of this provision is to limit the potential liability of Win Travels arising out of this Agreement or the Package / Per Seat Basis / Rental Services whether for breach of contract, negligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. (d) You acknowledge and agree that Win Travels is severally, providing the Win Travels portal and services and Package / Per Seat Basis / Rental Services, respectively, and other services, sets prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Win Travels , and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Win Travels . Win Travels would not be able to provide the Package / Per Seat Basis / Rental Services to you on an economically reasonable basis without these limitations. (e) Win Travels shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement or the Package / Per Seat Basis / Rental Services, when such delay or failure arises from circumstances beyond the control and without the fault or negligence of such party (“Force Majeure”). Such causes may include, without limitation, traffic, mechanical breakdowns, road conditions, acts of local, state or national governments or public agencies, acts of public enemies, acts of civil or military authority, labour disputes, earthquakes, fire, flood, other natural disasters, epidemics, riots or strikes. The time for performance of any act delayed by any such event may be postponed for a period equal to the period of such delay. BAGGAGE AND VALUABLES Passengers should not carry any goods like weapons, inflammables, firearms, ammunition, drugs, liquor, smuggled goods etc and any other articles that are prohibited under law. Maximum baggage allowed per passenger is 15 Kg, Excess baggage will be charged as per Win Travels rules Win Travels shall not take responsibility in the event of loss or damage to the passenger luggage. Win Travels reserves the right to disallow any excess baggage carried by the passengers. Win Travels highly recommends that you remove all valuables (cameras, jewellery, money, electronics, perishables, etc) and medication from your luggage. In case, the passenger decides to carry any valuables against the above advice they will do this at their own risk and shall not hold Win Travels responsible for any pilferage/ damage etc. to such valuables. Win Travels assumes no liability for wear and tear to luggage any guest with medical condition or history will travel at his / her own risk and consequences. 7. LICENSE (a) In situations where You engage Win Travels to provide Package / Per Seat Basis / Rental Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Win Travels a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7(c) below. (b) In situations where You engage Win Travels to reserve and/or pay for Package / Per Seat Basis / Rental Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below. (c) For the purposes of this Agreement, the “Scope” shall mean Win Travels ’ use of the Marks or Third Party Marks, as the case may be, to advertise and promote Win Travels ’ Package / Per Seat Basis / Rental Services by publicizing the fact that Win Travels has provided such Package / Per Seat Basis / Rental Services to or on behalf of such Event. 8. INDEMNIFICATION You shall indemnify and hold harmless Win Travels , and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “Win Travels Indemnitees”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable legals’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“Win Travels Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees. contractors or passengers) of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to procure the license rights contemplated under Section 7(b) above, and (e) the acts or omissions of you (including any of your employees and contractors). If any Win Travels Claim is made or any action or proceeding is brought against Win Travels Indemnitees, or any of them, any such Win Travels Indemnitee may, by notice to you, require you, at your expense, to resist such Win Travels Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such Win Travels Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section 7 shall be in addition to any liability that you may otherwise have, and shall extend upon the same terms and conditions to Win Travels Indemnitees. You and Win Travels agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Package / Per Seat Basis / Rental Services (a “Claim”) will be resolved in accordance with this Section 8 or as Win Travels and you otherwise agree in writing. 9. GOVERNING LAW AND DISPUTE RESOLUTION. (a) Choice of Law. This Agreement shall be governed in all respects by the laws of the EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES. (i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND WIN TRAVELS(WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THIS AGREEMENT OR THE PACKAGE / PER SEAT BASIS / RENTAL SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE INDIAN LAW. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WIN TRAVELSWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor Win Travels will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST WIN TRAVELSINCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private legal general or representative capacity, or consolidated claims involving another person's account, if Win Travels is a party to the proceeding. This dispute resolution provision will be governed by the Indian Law and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. (ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under this Section 8(b) is found not to apply to you or your claim, you and Win Travels agree that any judicial proceeding (other than small claims actions) must be brought, solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Fulton County, Georgia. Both you and Win Travels consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Win Travels may bring a claim for equitable relief in any court with proper jurisdiction. (iii) This arbitration agreement will survive the termination of this Agreement or your relationship with Win Travels. (c) Improperly Filed Claims. All claims you bring against Win Travels must be resolved in accordance with this Section 8. All claims filed or brought contrary to this Section 8 shall be considered improperly filed. Should you file a claim contrary to this Section 8, Win Travels may recover legals’ fees and costs, provided that Win Travels has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. (d) Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Package / Per Seat Basis / Rental Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 10. Non-Disparagement. You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company. Should you take action intended, or would reasonably be expected, to harm the reputation of Win Travels, Win Travels may recover legals’ fees and costs.