Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions (Service-User terms) apply on the usage of our website www.swiffycabs.com (the "Website"), smart phone Swiffy Application (the Application) as well as to all information, recommendations and/or services provided to you on or through the Website, the Application or through the Customer Care (The CC) through a phone number. The term 'YOU',â€˜Customerâ€™ refers to the user of our services through Website, the Application and the CC.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Swiffy. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Swiffy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Schnell Reisen Private Limited (hereinafter referred to as â€˜SRPLâ€™ or â€˜Swiffyâ€™ or â€˜weâ€™ or â€˜usâ€™ orâ€™companyâ€™) is a company registered under the Companies Act, 1956. Swiffy is a registered trademark of SRPL.
Swiffy offers a technology platform on www.swiffycabs.com and Mobile Application Swiffy available on iOS, Windows & Android platforms.
Swiffyâ€™s Technology platform is an enabling platform for a consumer to connect with a third party, independent valid permit holder drivers or vehicle operators known as The Transport Service Provider hereinafter referred as TSP. Once TSP accepts a request, customer is notified with the details of TSP through sms or Mobile application.
Swiffy shall do all the reasonable efforts to connect you with a TSP & the services are subject to the availability of TSPs in or around your location at the moment of your request for transportation services.
By using this website and/or Mobile Application or user of the service through the CC you hereby acknowledge that SRPL (Swiffy) is not a transport services provider.
It is up to the TSP to offer transportation services, which may be requested through the use of the Website, Application or CC. Swiffy only acts an intermediary between you and the TSP.
The user has to note that TSP is your service provider and therefore it is subjected to the contract between YOU and the TSP. Swiffy shall never be a party to such contract.
We do not take Intra-city cab booking requests where point to point services are offered within city limits.
Site and Contents
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without swiffycabs.com prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
User and User Content
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by Swiffy. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
Swiffy advises its users that while accessing the web site/ the application, they must follow/abide by the related laws. Swiffy is not responsible for the possible consequences caused by your behavior during use of web site/application. Swiffy at all the times reserves the right to deny service.
You are prohibited from posting defamatory, obscene, pornographic, profane, threatening or unlawful material in our forums or our user feedback sections.
swiffycabs.com will fully cooperate with any law enforcement authorities or court order requesting or directing swiffycabs.com to disclose the identity of anyone posting such materials.
swiffycabs.com may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates swiffycabs.com policies in any way.
Terms & Conditions for vehicle usage
1) When a customer makes booking through phone, website or app on swiffy, whether or not provided with booking voucher, implies that he/she has read and understood all terms and conditions mentioned here and agrees on all of them.
2) A booking voucher will be sent to the traveler over email when he completes car booking with Swiffy through phone, online or app. Producing the booking voucher in hard copy or sms is mandatory to avail the car rental services by Swiffy. If this is not done, it entitles the driver to refuse service delivery without any liability on us to refund the booking amount.
3) The customer may be required to show his/her identity proof, we or driver may reasonable request.
4) The customer shall ensure that he/she will not indulge in any of the following activities while in a taxi:
- Smoking or consuming any kind of intoxicants inside the Taxi. The driver has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance;
- Littering the Taxi;
- Soiling or damaging the seats and/or any other interiors of the Taxi;
- Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi;
- Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the cab;
- Asking the driver to board more passengers than the seating capacity in the taxi. The driver has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.
- Asking the driver to load extra load of belongings or baggage than permitted or reasonable with smooth travel. The customer shall not be allowed to use the seating area of the cab for placing any kind of luggage.
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
5) Duty slip has to be filled by the customer, if this has not been done by the customer no disputes will be entertained later. The start and end distance in Kms will be calculated from our garage. Driving speed of the vehicle shall be as per the directions of the local transport authority only. Cab fare, Parking charges, toll charges, state taxes, entry fees, additional night charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the cab Services etc. will be paid by the customer.
6) The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the Company makes no representation or warranty that:
- The Services will meet the customer's requirements;
- The Services will be uninterrupted, timely, secure, or error-free.
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of taxi service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
7) The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the taxi/cab during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same
8) Unless specified otherwise, all meter readings/distances/timings will be calculated to and fro from our vendors garage.
9) Distances between two locations (points) be it an intercity distance or from vendors garage etc. mentioned on the website, app or phone are approximate. Actual distance may differ depending on the exact geographical location of the points under consideration.
10) The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
11) Car air-conditioner may be switched off on hilly or mountainous areas. Further, cab engine may be switched off while vehicles is waiting or is not in motion.
12) The voucher is mandatory to avail any applicable discounts (or) in the case of cash back. In case of cash back, the amount will be credited to your credit card/debit card account from which the payment was made to Swiffy in approximately 7 days from the pickup date.
13) Any form of discounts are only applicable only on the basic fare and cannot be made available on extra charges like toll, taxes, charges for extra kilometers consumed, charges for extra hours consumed, driver allowance, parking, night charges, unless specified.
14) The vehicle booked will be subject to availability. In a case where the car booked is not available on the day of travel the customer will be provided with an alternative equivalent vehicle in the similar segment as applicable.
15) It may happen that due to a calamity natural or manmade, riots and/or conditions beyond control, Swiffy may not be in a position to fulfill a booking already made by a customer. Swiffy reserves right to stop the service and refund upto 50% of the advance paid, if any shall be made in such case(s). If the service has already started but needs to be stopped for aforementioned reasons, the minimum fare as described in the booking shall be required to be paid by the customer and no refund shall be payable in any case.
16) Local car rental services are valid only within city limits. For the aforementioned car rental services any request for out station travel beyond city limits will entitle the driver to deny services without any liability to refund the booking amount. However you may contact CC to discuss your requirement and fulfillment of the same shall not be binding on Swiffy.
17) Customer can request for amendments to a booking made earlier by him only if the request is done 24 hours before the pickup time. No changes will be done within 24 hours of the time of pick up time. In cases where amendments are requested on cab type, the same is subject to availability. In case of a no show where the customer has not informed Swiffy on the changes on his schedule 24 hours before the pickup, no refunds will be made. The amendments can be done by contacting the support team of Swiffy on ______________ and mention the booking reference number (CRN number).
18) Customer is liable to pay waiting charges in the case of delay (be it for any reason) exceeding more than 15 minutes from the scheduled pick up time.
19) Customer is liable to pay for any additional distance travelled, additional hourly charges, if any apart from the original booking. Any unscheduled changes will attract additional charges as applicable.
20) All bookings under consideration are on a calendar day basis i.e from midnight 12:00 to midnight 12:00. E.g. A cab booked for 21st July where the pickup time is 5:00 p.m, the booking will be valid till 21st July 11:59 p.m and not 22nd July 5:00 p.m.
21) Cabs that are booked for outstation (any or all of Oneway, Round trip & Multicity) cannot be used for local travel. E.g. if a customer books a cab from Mumbai to Pune then to Nasik and back to Mumbai for a period of 3 days in total & has a predefined Km limit of 750 Kms and he returns back to Mumbai on the second day & has a balance Km limit of 50 with one day remaining, inspite of this he is not entitled to consume this 50Kms for local travel in Mumbai (Source city).
22) In all the bookings (any or all of Oneway, Round trip, Multicity or local travel), the tolls, state taxes, parking charges or any kind of fees etc. shall be paid directly by customer expressly in cash immediately as and when required to the concerned authority, service provider or driver. This amount paid by customer shall not form part of bill given to the customer and the receipts for such amount paid by customer may be retained by the customer.
23) If needed, a customer can amend his booking from one way to round trip or from one way to multi city while his travel is in progress. A request for amendment while mentioning the CRN number & reason for amendment has to be made to the support team at Swiffy by reaching them on _________. Whether or not to make an amendment as per the request of the customer solely rests with our support team. If the amendment request by the customer is approved our support team they will guide on the difference amount to be paid to the driver as to confirm the amendment. This amount has to be paid immediately to the driver in cash after our team makes an amendment, failure to do so will not confirm the requested amendment.
24) The driver will wait for the customer on the travel date for not more than 60 minutes from his pick up time unless the customer has intimated the same to the driver or us through CC. After 60 minutes the booking will be considered as a case of no show and full booking amount will be forfeited.
25) For all travel types (one way, round trip & local) customer has to bear all extra charges like driver allowance, toll, taxes, entry fees, charges for extra kilometers consumed, charges for extra hours consumed, parking charges, night charges and any other charges applicable as mentioned on the voucher.
26) For one way outstation trips the customer will pay for any additional charges in the case where the driver needs to cover additional distance (or) needs additional duration to complete his return journey (whichever of these two higher).
27) Discount offered, if any shall be applicable differently for different services. No discount shall be clubbed or applied to various services identically unless and otherwise specified.
28) Swiffy cannot be held accountable for including but not limited to direct, indirect, incidental, punitive, and consequential damages for any delay or consequential loss caused to the customer due to traffic jam or reasons beyond reasonable control of the driver or lapses on the part of the driver.
29) The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. Swiffy cannot be held accountable for any loss, damage, physical injury, force majeure events etc. suffered by the customer while availing its services.
30) The Company shall not be liable for any conduct of the drivers of the cabs. In case of any misconduct or misbehavior by the driver the customer should immediately report to the support team of Swiffy at ___________ and share the experience while mentioning the booking reference number (CRN number).
31) In no event the entire liability of Swiffy for any loss or damage arising due to cab services or in the case of a valid refund claim shall not exceed the booking amount paid by the customer.
32) In case of any dispute parties agree to the exclusive jurisdiction of courts of Nasik, Maharashtra.
33) In addition to all the above mentioned terms & conditions, user terms mentioned on the website apply and customers are requested to go through the same since these are subject to amendments from time to time.
34) In a scenario, where in a customer already has received the driver & cab details and the cab hired does not show up on the day of travel, it will be considered as the failure of the fleet partner of Swiffy. Swiffy being an on-line car aggregator will take all necessary efforts to provide the customer an alternative mode of transport immediately, in the shortest possible time & if failing to do so will provide the customer a full refund, which will be processed in a maximum 7 working days from the day the cab travel was scheduled to begin. Swiffy is not liable to reimburse its customer for any expenses like hotel stay charges, flight ticket charges or any other type of monetary expenses which the customer had to bear as a result of no show of the cab on the day of planned cab travel.
35) Swiffy may use the mobile number & email ID shared while making an online booking/ registration with it (or) which is shared while filling its inquiry form for its promotional purposes. Swiffy promises that the data will never be sold to any other business entity & will be solely used for its own promotional purposes. Further, all the calls made to the Company's call centre are recorded by the Company for quality and training purposes.
36) It may happen that for some regions that the cab model which was reserved earlier by a customer online cannot be actually made available due to restrictions by local cab associations in that geography, which are beyond the control of Swiffy. In such a case Swiffy will make a full refund.
37) We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
38) Swiffy can send the cab only at the time for which booking has made & not early whatsoever may be the emergencies may be. You are requested to contact CC for the amendments in the reservations, if any.
39) The final cab rental amount inclusive of extra charges if any will attract applicable service tax.
40) Swiffycabs.com reserves the right to add, change or remove any part of this website including rates, terms and conditions of use at any time, without notice. Any changes or any terms posted on this Site shall apply as soon as they are posted.
Cancellation and Refund policies:
1) If a traveler cancels 24 hours prior the pick-up time, 10% of the total trip cost will be deducted.
2) If a traveler cancels within 24 hours prior the pick-up time, no refund.
3) The refunds will be made by online transfer to the customerâ€™s bank account. No cash refund will be made.
1) Driver & car details - These details will be sent to the customer by Swiffy approximately before an hour from the pickup time by SMS and email. In some cases the driver or an associate of Swiffy may also call in advance to reconfirm with the customer.
2) Non receipt of driver and car details - In such cases the customer needs to contact the support team at Swiffy on ___________ and mention the booking reference number (CRN number).
3) Demand of money by the driver - The voucher provided to the customer clearly indicates the items included in his booking. Any amount over and above this both in terms for distance and duration and other items such as night charges, driver allowance, toll, taxes, state taxes, charges on for extra kilometers consumed, charges for extra hours consumed, parking charges etc which are not included in the booking amount have to be paid directly to the driver as mentioned below. In case of any dispute with the driver the customer should reach the support team of Swiffy at ________ and mention the booking reference number (CRN number) and mention the subject of dispute.
- we own or control;
- are available through the Services; or
1. WHAT INFORMATION DO WE COLLECT?
- INFORMATION YOU PROVIDE TO US
We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e- mail address, and mobile number (â€œPersonal Informationâ€). We may collect this information through various forms and in various places through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. When you sign up to use the Services, you create a user profile. The current data fields that might be requested for are:
â€¢ Mobile phone Number
Our Services are primarily provided through an application on your mobile, tablet computer or similar device (â€œMobile Applicationâ€). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications. When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (â€œMobile Device Informationâ€), including without limitation:
â€¢ Your preferred language and country site (if applicable)
â€¢ Your phone number or other unique device identifier assigned to your mobile device â€“ such as the International Mobile Equipment Identity or the Mobile Equipment ID number
â€¢ The IP address of your mobile device
â€¢ The manufacturer and model of your mobile device
â€¢ Your mobile operating system
â€¢ Information to allow us to personalize the services and content available through the Mobile Application We may use information automatically collected by the Mobile Application (including the Mobile Device Information) in the following ways:
â€¢ To operate and improve our Mobile Applications, other Services, our companyâ€™s services, and tools;
â€¢ To create aggregated and anonymous information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses;
2. USE OF INFORMATION COLLECTED
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. In addition, we may use your Personal Information or Usage Information that we collect about you:
- to provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;
- to process your registration with the Services, including verifying your information is active and valid;
- to improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you;
- to enable you to participate in a variety of the Servicesâ€™ features such as online or mobile entry sweepstakes, contests or other promotions;
- to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Servicesâ€™ policies;
- for internal business purposes;
- for inclusion in our data analytics; and
Please note that information submitted to the Services via a â€œcontact usâ€ or other similar function may not receive a response.
(a) WHEN YOU AGREE TO RECEIVE INFORMATION FROM THIRD PARTIES.
Certain aspects of the Services may be provided to you in association with third parties (â€œCo- Branded Servicesâ€) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.
(d) CONTESTS AND PROMOTIONS.
We may offer contests, and other promotions (any, a â€œPromotionâ€) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotionâ€™s official rules, such as on a winners list. Any schemes, Privilege / gift voucher and rewards (Programs) are subject to the respective terms & conditions of the scheme.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate:
- to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process;
(ii) to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof;
(iii) to protect the safety, rights, property or security of the Company, our Services or any third party;
(iv) to protect the safety of the public for any reason;
(v) to detect, prevent or otherwise address fraud, security or technical issues; an /or
(vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet TSPs, wireless TSPs and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
(f) BUSINESS TRANSFER.
We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.
Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual's web or mobile browsing behavior such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than our web site(s). For example, if you have shown a preference for nursing while visiting our web site(s), you may be served an advertisement for nursing- related programs when you visit a site other than our web site(s). The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.
The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online or mobile Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through email@example.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through firstname.lastname@example.org. We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, trip history, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.