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 (Rs.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 Rs. 750/- (Rupees Seven Hundred and Fifty Only) on a Minimum transaction of Rs. 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 from 00:00 hrs IST on 1st February 2023 till 23:59 hrs IST on 31st March, 2023 (“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 Rs. 250/- (Rupees Two Hundred and Fifty Only) up to a sum of Rs. 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.

23. What’s in My Bag Giveaway

    Participate in our What’s in My Bag Giveaway (the “Contest”) on Instagram, Twitter & Facebook & win an attractive gift hamper.

    Blinctrip has organised this Contest. Participation in this Contest constitutes acceptance of the following terms and conditions (“Terms and Conditions”) and the participants shall be bound by the Terms and Conditions of the Contest. The Terms and Conditions are an electronic record in the form of an electronic contract formed under Information Technology Act, 2000. The Terms and Conditions do not require any physical, electronic or digital signature.

    Please read these Terms and Conditions carefully before participating. Blinctrip reserves the right to cancel or amend the contest or the Terms and Conditions at any time without prior notice.

    Contest Days:

    The contest will run from 11:00 hrs IST on 24th March 2023 till 23:59 hrs IST on 31st March 2023 (“Contest Days”).

    Entries received after the Contest Days and time will not be considered and no communication will be entertained by Blinctrip in this regard. Selection of the winner entry will be at the sole discretion of Blinctrip.

    Eligibility:

    • This Contest is open to participants aged 18 years or above.
    • Contest is valid only for Indian citizens residing in India. If the participant is residing and/ or accessing the Contest from any region where the Contest made available is prohibited or restricted by the law or other reasons, then the participant is prohibited from entering into the Contest. The participant shall be responsible to comply with all applicable laws in their territories.
    • Employees, officers, directors, and their relatives (whether residing in the same household or not) and/or those living in the same household of each, of Blinctrip, sponsors and their respective parents, associates, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all companies professionally connected with this Company, are not eligible to participate in this Contest.

    Game description:

    The game will contain a crossword puzzle based on the theme “things Indian Dads pack on trips” and the participants are expected to share the correct answers in accordance with the terms and conditions prescribed herein.

    How to participate on Instagram:
    To participate in the What’s in My Bag Giveaway on Blinctrip’s official Instagram account, the participants are required to perform the following:

    • Follow our Official Instagram account @blinctrip
    • Participants are required to comment and post their answers on Blinctrip’s Instagram Contest post in accordance with the terms and conditions prescribed herein.

    How to participate on Twitter:
    To participate in the What’s in My Bag Giveaway on Blinctrip’s official Twitter account, the participants are required to perform the following:

    • Follow our Official Twitter account @blinctrip
    • Participants are required to comment and post their answers on Blinctrip’s Twitter Contest tweet in accordance with the terms and conditions prescribed herein.

    How to participate on Facebook:
    To participate in the What’s in My Bag Giveaway on Blinctrip’s official Facebook account, the participants are required to perform the following:

    • Follow our Official Facebook account @blinctrip
    • Participants are required to comment and post their answers on Blinctrip’s Facebook Contest post in accordance with the terms and conditions prescribed herein.

    Terms of participation:

    • These Terms and Conditions will govern the relationship between the participant and Blinctrip with respect to the participation in the Contest.
    • Entries will be selected from individual participants only.
    • Entries must be in accordance with the instructions given in the Contest posts on Blinctrip’s Facebook, Instagram and Twitter accounts.
    • Entries not submitted in accordance with the instructions provided by Blinctrip and the Terms and Conditions, shall not be considered and Blinctrip shall bear no responsibility for any such entries. In case any entry is not in conformance with the Terms and Conditions, then Blinctrip may delete/disqualify such entries without any notice to the participants, at its sole discretion.
    • In case of any dispute/issue regarding the contest made available the decisions of Blinctrip shall be considered final and binding in the matter on all parties involved.
    • You warrant that (a) you are legally competent to enter into binding contracts under applicable laws; and (b) all information you have provided, including your name, age, state, city, address, etc. is true, correct, accurate and complete and that you are authorized to provide such information, and consent to the use of such information by Blinctrip and its advertising agency/event management company.
    • There is no participation fee for this Contest and no purchase is necessary to be eligible to participate in this Contest. By participating in this Contest, you agree to receive communication(s) from Blinctrip and/or its authorised third-party agency/ Event Management Company relating to the Contest, and you unconditionally agree not to make any claim or raise any complaint against Blinctrip and/or its officers, directors, employees, subsidiary or any authorized third-party agency in this respect.
    • You represent and warrant that your entry to the contest thereof (i) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (ii) are not subject to any third-party agreements, and that Blinctrip will not be required to pay or incur any sums to any person or entity as a result of their ownership, acquisition, use or exploitation of the entry, or rights therein; (iii) were made with the understanding that all required permissions have been obtained; (iv) do not contain any content that is likely to be considered offensive by Blinctrip or that could adversely affect the name, reputation, or goodwill of Blinctrip, and; (v) the entry uploaded is of the participant alone and not of any third person viz. celebrity/actor etc.
    • The user/ participant herein agree, confirm and undertake that it shall be their responsibility to check the Terms and Conditions in respect of the contest periodically and stay updated and informed in respect of the same.
    • Blinctrip reserves the right to disqualify any entry at its sole discretion, and also disqualify any entries which in Blinctrip’s sole and absolute discretion (i) include trademarks, logos, copyrighted material or confidential information not owned by participant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (ii) refer to public figures; (iii) contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, or firearms or weapons, hateful content of any kind, content that promotes violence or harm to another living creature; (iv) promote a political agenda regardless of the political affiliation and regardless of Blinctrip’s treatment of other entries that may or may not promote a political agenda; (v) defame, misrepresent, or contain offensive/disparaging remarks about other people (living or dead), companies, brands, communities, gender, physical/racial attributes; or (vi) encourage money laundering or gambling or otherwise unlawful in any manner whatever; (vii) cause annoyance or inconvenience or deceive or mislead the customers about the origin of such content which is grossly offensive or menacing in nature; (viii) opposed to standards of morality or decency, be lascivious or appeals to prurient interest or the effect thereof is such as to tend to deprave or corrupt any person; (ix) contain materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without permission; (x) are such that they could give ground for action for defamation or misrepresentation or breach of confidence or breach of copyright or is otherwise offensive to the public; (xi) are such that communicate or incite terrorism, misuse of weapon, or encourage or incite a person to commit criminal offence; or (xii) are such that suggest or encourage or incite any person to use harmful substance or engage to dangerous practices; (xiii) breach the Terms and Conditions herein;.
    • All entries submitted as part of the contest shall become the exclusive property of Blinctrip owned by it exclusively. By participating in this Contest, you hereby grant permission to Blinctrip and agents of Blinctrip to use the photograph, entry, images, image captions and stories uploaded on Blinctrip’s Instagram, Twitter or Facebook accounts/ sent to Blinctrip and they shall remain the property of Blinctrip for use at Blinctrip’s sole discretion in perpetuity, without any notice/ permission/ royalty to you. Furthermore, the participants hereby consent, agree and confirm that their entries may be stored within servers of Instagram, Facebook and Twitter and such storage of participant data shall be governed by the applicable laws where such servers maybe located and the policies of the social media platforms, in respect of which Blinctrip shall have no liability whatsoever.
    • Neither Blinctrip nor any of its subsidiaries, affiliates, respective officers, agents and employees, nor any Internet access providers are responsible for the incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, lost/delayed/ misdirected mail, omission, interruption, deletion, defect, line failure of any telephone or other network, computer equipment, software or any combination thereof, inability to access Blinctrip, Instagram, Twitter, Facebook pages or Blinctrip’s Contest posts, for problems in uploading or downloading any Contest-related materials, or any printing or typographical errors in any materials associated with Contest, or for late, lost, damaged, misdirected, incorrect or incomplete entry or any delay, damage, non-receipt, lost or misrouted prizes.
    • If for any reason any aspect of this Contest is not capable of running as planned, including by reason of computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of Blinctrip which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Blinctrip may in its sole discretion cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions, without giving any reasons or prior notice.
    • Blinctrip may, in its sole discretion, disqualify any submissions, and prohibit further participation in this Contest by any person who tampers with or benefits from any tampering with the submission process or with the operation of this Contest or acts in violation of these Terms and Conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
    • Blinctrip shall not be responsible and/or liable for any/all disputes regarding acceptability, suitability, delivery, service, defects, deficiency, performance or quality of the services /products provided under the Contest.
    • Comments other than those related to the Contest, posted on the Contest post, will be deleted.
    • Any derogatory or defamatory comments or comments related to politics, religion, etc will be immediately disqualified.

    Prize and related terms:

    • Blinctrip shall have the sole and exclusive authority to choose One (1) winner from each platform i.e., Twitter, Facebook & Instagram, who will each receive a gift hamper which shall be delivered to the winner at the postal address provided by them to Blinctrip. Winners will be chosen at the absolute discretion of Blinctrip solely on the basis of their comment on the Contest post, in accordance with the Terms and Conditions herein.
    • All entries are subject to verification of eligibility and compliance with these Terms and Conditions. Besides this, Blinctrip has the right to disqualify any entry without prior notice.
    • The winner would be announced on Blinctrip’s official social media accounts on Instagram, Facebook and Twitter at the end of the Contest Days. Blinctrip, however, reserves the right to use any other method or medium at Blinctrip’s sole and absolute discretion for announcing the Contest winner.
    • The Contest winner must establish contact with Blinctrip within 5 (five) days of the winner intimation / announcement via direct message of the respective platform (Facebook, Instagram & Twitter) and provide details as may be required by Blinctrip. Failure to do so will result in forfeiture of such Contest winner’s prize. The acceptance of the Contest prize(s) by the winner is purely voluntary. In case any such winner does not desire to avail of the same, he/she shall communicate it in writing to Blinctrip.
    • In the event any Contest winner is unreachable, ineligible, fails to submit the relevant documents, or fails to pay the applicable taxes (if any), rejects delivery of the Contest prize, fails to claim the Contest prize within the stipulated time or violates any of the terms and conditions prescribed herein, the Contest prize shall stand forfeited, and no claims shall be entertained in this regard. Blinctrip herein reserves the right to choose another winner in their place.
    • Each Contest winner will be given only one (1) prize, irrespective of him/her giving multiple valid entries on multiple social media platforms i.e., Instagram, Facebook and Twitter, during the Contest Days.
    • All winners are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by Blinctrip and complete compliance with these terms and conditions. Blinctrip reserves the right to verify the winners’ details either on its own or through its authorized agency/person and the winner shall provide all necessary assistance in such verification. In exercising this right, Blinctrip may ask the winner to provide any documentary or other form of evidence, and if evidence does not establish the same then Blinctrip, in its sole discretion, will have the right to disqualify such winner and no claims shall be entertained in this regard.
    • Blinctrip further reserves the right to reject any entry by a Participant/ winner which is either invalid, incomplete, is derogatory or the documents submitted by the winner prima facie appears to be false and fabricated.
    • The prize cannot be exchanged with any product or item, is non-transferable and cannot be encashed under any circumstances. No other offers/contests can be clubbed with this Contest.
    • Blinctrip reserves the right to substitute any prize with prize(s) of comparable value at its sole discretion. No request from participants/winners for substitution of prizes with any other item/cash will be entertained by Blinctrip.

    Terms for giveaway:

    • In order to avail the Contest prize, participants are required to register and create a Blinctrip account, wherein participant are required to provide valid e-mail ID’s. In case, if not already registered with Blinctrip, the participant will be required to register on the Blinctrip app & share the email ID linked with the Blinctrip account.
    • The winner must provide an existing, valid postal address to Blinctrip, where the Contest prize shall be delivered. In case the postal address provided is incorrect, unavailable or unserviceable, the winner shall be deemed to have forfeited the prize, and Blinctrip reserves the right to select another winner in such event.
    • The handling, shipping, delivery and return of the Contest prize shall be solely handled by Blinctrip and shall be governed by the terms, conditions and policies as prescribed by Blinctrip.
    • In order to claim the Contest prize, the winner will have to submit a valid self-attested photo identification proof (copy of Voter ID Card/Passport/driving license/Aadhar Card) and Address Proof (copy of Voter ID Card/ Passport/driving license/Aadhar Card/Electricity Bill) within such time period as provided in the email / direct message on the platforms (Facebook, Instagram & Twitter) which may be sent to the winner of the contest or any other document as may be required by Blinctrip, as communicated.

    Additional terms and conditions:

    • By participating in the Contest, the participant attests that his/her entry (and all elements depicted therein) are his/her own and original and also attest that use of the entry details (and all elements depicted therein) shall not violate the right of any third parties and shall not violate central, state or local laws or rules or ordinances.
    • By entering this Contest, and to the extent allowed by law, the participant/winner (i) agrees that the results and proceeds of entries including but not limited to the pictures of the winner clicked whilst receiving the prizes, if any, shall be the property of Blinctrip, and will be owned exclusively by Blinctrip worldwide (ii) grants Blinctrip the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entries and the entries themselves in perpetuity in any and all media including but not limited to digital and electronic media, computer, print, audio and audio-visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further permission, approval, consent or consideration in any form, (iii) agrees that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (iv) waives and releases Blinctrip from any and all claims that participants/winner may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to Blinctrip’s exploitation of entries without further compensation to participants of any kind, (v) agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Blinctrip or its sponsor partners, or any other person, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants’ rights therein, and (vi) agrees that no entries will be returned to participants. Participants also agree that Blinctrip shall have the right and permission to use the name, photograph, testimonial, stories or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of the winner to the extent permitted by law. Participants also agree that Blinctrip may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her entry/comment, and that he/she will not be entitled to any compensation or right to negotiate with Blinctrip because of these familiarities or similarities.
    • The participant agree that they have no fiduciary duty or relation with Blinctrip in any manner whatsoever.
    • Blinctrip will not enter into any correspondence, including email, with non-winning participants. Blinctrip reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials.

    Exclusion of liability:

    • Blinctrip and its related companies and agencies will not be liable for any 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 Contest or the acceptance or use of any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
    • Nothing on the Page, or on any other website of Blinctrip, or relating to this Contest, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Blinctrip or its related companies or any third-party, whether by estoppels, implication or otherwise.
    • Blinctrip and/or its agent shall be licensed to evaluate all submissions for the purposes of this Contest, including verification and as specified in these terms and conditions.
    • The software, programming code and media relating to Blinctrip’s Instagram, Facebook & Twitter accounts and Contest-related communication is protected by the applicable laws of copyright, trademark, patent, unfair competition and other applicable laws of India.
    • Blinctrip accepts no responsibility for licensing and copyright issues of the uploaded and/or edited images. Should any participant have questions about licensing issues and copyright, the participant must contact their appropriate local legal services forum for advice.

    Miscellaneous:

    • Blinctrip’s decision shall be final and binding in all matters relating to this Contest and no correspondence will be entertained in this regard.
    • Blinctrip reserves the right to change these Terms and Conditions without prior notice.
    • A participant shall be deemed to have notice of any such amendments or interpretations upon publication of the same on Blinctrip’s Instagram, Facebook & Twitter accounts and shall be deemed to have accepted such amendments or interpretations by virtue of his/her continued participation in this Contest.
    • Apart from the entitlement to the Contest prize/s, the winner will have no other rights or claim against Blinctrip.
    • Blinctrip shall not be liable for any failure to comply with its obligations or any loss or damage caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to Force Majeure.
    • The photos of the winner of the Contest might be used in any campaign/promotions organized by Blinctrip.
    • In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Contest, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
    • Failure or delay by Blinctrip to enforce any of its rights at any stage does not constitute a waiver of those rights. The exercise of one or more of Blinctrip’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Blinctrip under these Terms and Conditions or in law or at equity. Any waiver by Blinctrip shall only be made in writing and executed by a duly authorized officer of Blinctrip.
    • Contest shall be void in any state where it is prohibited by law. In such case, Blinctrip shall not be liable to provide any free cash-back, gift or compensation to the participant on any account.
    • This Contest is in no way sponsored, endorsed or administered by, or associated with any social media platform. The participant will be providing their information to Blinctrip and not to social media channels. By participating in the Contest, the participant hereby consents to the accessing of information of the user on social media platforms of Blinctrip in India or anywhere else by Blinctrip and/or its authorized third-party agency for the purpose of this Contest.
    • If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible under law so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Conditions shall continue in full force and effect. Blinctrip may amend the Terms and Conditions in a reasonable manner so as to make such provision enforceable and incorporate necessary amendment Terms of Conditions.
    • The participants and Blinctrip are independent parties, and nothing in these Terms and Conditions will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the participant and Blinctrip. Blinctrip and the participant have entered this Terms and Conditions on principal-to-principal basis.

    Intellectual property rights:

    All rights, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) and any/all entries received shall vest solely and exclusively with Blinctrip at all times and Blinctrip shall be entitled to use the database of the entries received or any information in any media for future promotional, marketing and publicity purpose without any further reference or payment or compensation to the participant. Participant shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any other person/ entity etc. and undertake to indemnify Blinctrip, its authorized third-party agency and their officers, directors, employees, etc. on the happening of such an event (including without limitation cost of an attorney, legal charges etc.) on the full indemnity basis.

    Privacy Policy:

    • Participation in this Contest is purely voluntary.
    • The data shared by the participant i.e., Name, Mobile Number, Email ID and Postal Address, will be used in confidence by Blinctrip and its other partners, and the same shall be maintained in records of Blinctrip for a reasonable period of time as is permitted under law.
    • Any participant who is suspected of any act of hacking would immediately be disqualified from the Contest or any ongoing promotion without any notice.
    • By participating in this Contest, participants agree to be bound by the terms and conditions and regulations of Blinctrip.

    Interpretation:

    The decision of Blinctrip as to the interpretation of any clause shall be final and binding on all participants/Winners.

    Indemnity:

    • The participant herein agree 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, Your entries provided in the contest; (iii) Participants violation of any rights of another, including any intellectual property rights; (iv) Participants 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 participant in respect of any subject matter of this Terms and Conditions or Contest 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.

    Jurisdiction:

    This Contest is governed by Indian law ONLY. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Mumbai, India only which shall have exclusive jurisdiction in respect of all subject matter with relation to the Contest. If there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Blinctrip reserves the right to void suspect entries and/or votes and/or terminate the Contest and award the prizes from among all eligible entries. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of a participant, the entry in question may be disqualified subject to Blinctrips’ discretion. Should the Contest be terminated prior to the stated expiration date, Blinctrip will endeavor to post notice of termination on the Blinctrip Facebook page (https://www.facebook.com/blinctrip), Twitter (https://www.twitter.com/blinctrip) and Instagram account (www.instagram.com/blinctrip). All ‘Facebook’ / ‘Instagram’/ ‘Twitter’ User Terms and Conditions along with these terms and conditions shall apply to this Contest.

    Disclaimer:

    ALL PARTICIPANTS ACCEPT THE CONDITIONS STATED IN THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE DECISION OF BLINCTRIP, AND WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE BLINCTRIP FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR ENTRY IN THE CONTEST AND/OR AWARDING OF OR USE OF ANY PRIZE AWARDED IN THIS CONTEST. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BLINCTRIP RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. THE PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS BLINCTRIP, ITS ASSOCIATED COMPANIES, AUTHORISED THIRD-PARTY AGENCY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRY/RESULT, OR USE THEREOF, OR BY RESPECTIVE PARTICIPANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST.