1. DEFINITIONS AND INTERPRETATIONS
"Platform" means the website, mobile application, and digital ecosystem operated by Caravan Tourism India, enabling caravan rental marketplace, fixed route tours, ancillary services, consultancy services, vehicle sales & purchase, caravan fabrication, and investment opportunities.
"User" / "You" / "Guest" means any individual or entity accessing the Platform for availing caravan rental, tour, or related services.
"Vendor" means any individual or entity that lists caravans, loungers, or provides services (ancillary services, consultancy, investment opportunities) on the Platform.
"Caravan" / "Lounger" / "Vehicle" means motorhomes, recreational vehicles, travel trailers, and loungers listed on the Platform for rental or sale.
"Booking" means confirmed reservation of a caravan or service through the Platform.
"Fixed Route Tour" means pre-planned, multi-day caravan journeys on defined routes across Indian states with vendor-provided caravans, experiential activities, and ancillary services.
"Ancillary Services" means services provided during travel including battery charging, water refilling, waste disposal, parking, and recreational activities.
"Service Provider" means any vendor providing ancillary services, consultancy, investment facilitation, or vehicle sales.
"Grievance" means any complaint, concern, or dispute filed by user against vendor, Platform, or service quality.
"Force Majeure Event" means unforeseeable events beyond parties' control including natural disasters, pandemics, wars, strikes, government actions, and accidents.
"We" / "Us" / "Our" / "Platform" means Caravan Tourism India and its authorized representatives.
"Acceptance" means User's agreement to these Terms by accessing the Platform, creating an account, or completing a booking.
2. ACCEPTANCE OF TERMS
2.1 Legal Binding Agreement
By accessing the Platform or completing any transaction, you irrevocably accept and agree to be bound by these Terms and Conditions, the Privacy Policy, and any other posted policies or guidelines. These Terms constitute a legally binding contract governed by the laws of the Republic of India.
2.2 Entire Agreement
These Terms, along with the Privacy Policy, Vendor Agreement, User Agreement, Cancellation Policy, and any amendments posted on the Platform constitute the entire agreement between User and Platform regarding Platform usage.
2.3 Severability
If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severable, and remaining provisions shall continue to be valid and enforceable.
2.4 Amendments to Terms
The Platform may amend these Terms at any time. Material changes shall be communicated via email or in-app notification with 30-day notice period. Continued use of Platform following amendment constitutes acceptance of modified Terms.
Users who do not accept amendments may terminate their account without penalty within the notice period.
3. USER ELIGIBILITY AND ACCOUNT CREATION
3.1 Eligibility Criteria
You may use the Platform only if you:
• Are at least 18 years of age (or 21 years for certain high-value bookings as notified)
• Are capable of entering into legally binding contracts.
• Are not restricted or prohibited by applicable laws.
• Have not violated Platform policies in the past.
• Are not using the Platform for illegal, fraudulent, or unethical purposes
3.2 Account Registration Requirements
To create an account, you must provide:
• Full legal name, date of birth, gender
• Valid mobile number (verified via OTP)
• Valid email address (verified via OTP)
• Government-issued identification (Aadhaar, Voter ID, Driving License, Passport)
• Address with proof document
• Bank account details for payment settlement
3.3 Accuracy of Information
You guarantee that all information provided is:
• Accurate, complete, true, and current
• Not misleading or deceptive
• Updated if information changes
• Verified with authentic documents
The Platform reserves right to verify documents and reject unverified accounts. Providing false information constitutes breach of these Terms and grounds for immediate account suspension.
3.4 Account Security
• You are solely responsible for maintaining account confidentiality
• You may not share login credentials with any third party
• You are liable for all activities under your account
• Notify Platform immediately if account is compromised
• Platform is not liable for unauthorized access if you fail to maintain security
3.5 Minors (Under 18 Years)
• Minors cannot directly create accounts or make bookings
• A parent/lawful guardian must create account and authorize minor's participation
• Parental consent for data processing is mandatory (per DPDP Act, 2023)
• Vendors must verify age of minors before departure
• Platform retains right to verify parental authorization
4. PLATFORM FUNCTIONALITY AND SERVICES
4.1 Caravan Rental Marketplace
• Listing: Vendors list caravans with specifications, amenities, pricing, and availability
• Search and Booking: Users search by location, dates, budget, and amenities; confirm booking after payment
• Approval: Platform verifies vehicle quality, safety, legal compliance, and vendor credentials before listing approval
• Booking Confirmation: User receives booking confirmation with vehicle details, vendor contact, pickup/dropoff location, and Terms summary
• Payment Collection: All payments collected through Platform payment gateway; amounts remitted to vendor post-deduction of Platform commission
4.2 Fixed Route Tours
• Pre-Planned Routes: Platform offers multi-day tours on defined routes across Maharashtra, Himachal Pradesh, Uttarakhand, Karnataka, Madhya Pradesh (expanding)
• All-Inclusive Packages: Tours include caravan rental, fuel, parking, water refilling, waste disposal, and selected recreational activities
• Vendor Management: Platform coordinates with caravan vendors and ancillary service providers
• Itinerary Adherence: Users must adhere to planned itinerary; deviations incur additional charges
• Safety Briefings: Mandatory safety orientation before tour departure
4.3 Ancillary Services
Services available during travels:
• Vehicle battery charging stations / facility
• Water refilling and tank sanitization
• Waste disposal facilities
• Parking at designated locations
• Recreational activities and experiential tourism, if mentioned in the Inclusions of the product details page
• Meal packages and hospitality services, if mentioned in the Inclusions of the product details page
4.4 Consultancy Services
• Tourism Development: End-to-end consultancy for tourism departments, institutions, organizations for caravan tourism development
• Caravan Fabrication: Consultancy on caravan design, fabrication, customization, and compliance
• Investment Opportunities: Facilitation of investment in caravan tourism infrastructure and projects, with share holding / partial ownership
4.5 Vehicle Sales and Purchases
• Marketplace: Platform facilitates buying and selling of new and used caravans/loungers
• Commission: Platform charges commission on successful sales / purchase
• Seller Verification: Platform verifies seller credentials and vehicle authenticity
• Buyer Protections: Platform mediates disputes and facilitates payment escrow
4.6 Payment Processing
• All Receivables: All payments (bookings, services, purchases) must flow through Platform payment gateway
• Payment Methods: UPI, Net Banking, Credit/Debit Card, Bank Transfer
• Card Security: Card data not stored on Platform; encrypted processing through certified payment gateways
• Payment Confirmation: Immediate confirmation via email and in-app notification
• Refund Processing: Refunds processed to original payment method within 5-7 business days
5. CANCELLATION, REFUND, AND MODIFICATION POLICY
5.1 Universal Cancellation Policy
The Platform maintains uniform cancellation policy across all products and services (caravan rentals, fixed route tours, ancillary services):
5.2 Cancellation Timeline and Refunds
| Cancellation Period | Refund Percentage | Applicability |
|---|---|---|
| More than 30 days before travel date | 100% refund | All products |
| 20-30 days before travel date | 75% refund | All products |
| 14-20 days before travel date | 50% refund | All products |
| 7-14 days before travel date | 25% refund | All products |
| Less than 7 days before travel date | No refund | All products |
| After travel commencement date | No refund | All products |
5.3 Cancellation Process
1. User initiates cancellation through Platform dashboard
2. Cancellation confirmation sent to user email
3. Platform processes refund to original payment method
4. Refund reflects within 5-7 business days
5. User may track refund status through account
5.4 No Cancellation Insurance
The Platform does not provide cancellation insurance. Users are encouraged to purchase travel insurance from third-party providers to protect against unexpected cancellations or modifications.
5.5 Booking Modification
Users may modify bookings (dates, vehicle, passengers) with:
• Minimum 20 days notice before travel
• Availability of modified dates/vehicle
• No refund of difference if modified booking costs more, user pays the extra amount as per the modified booking, before availing the service/s
• Refund only if modified booking costs less (after deducting Platform commission)
5.6 Vendor-Initiated Cancellation
Vendors may cancel bookings only with Platform approval and valid reason:
• Force majeure events (natural disasters, accidents, pandemics)
• Safety concerns with vehicle or user
• Legal/regulatory compliance issues
• Critical illness or emergency
Vendor cancellation consequences:
• Full refund to user
• Vendor liable for user's damages (alternative accommodation, travel costs)
• Potential vendor suspension/deactivation
LIABILITY, INDEMNIFICATION, AND RISK ALLOCATION
6.1 Platform Liability Disclaimer
The Platform is a MARKETPLACE INTERMEDIARY facilitating transactions between Users and Vendors. The Platform does NOT own or operate caravans, provide driving services, or directly deliver services.
Accordingly:
• Platform is NOT liable for vehicle condition, amenities accuracy, service quality, or vendor performance
• Platform is NOT liable for accidents, injuries, deaths, theft, loss, or damage during caravan use
• Platform is NOT liable for ancillary service provider failures or disputes
• Platform is NOT liable for consultancy accuracy or investment outcomes
6.2 User Assumption of Risk
By booking a caravan or service, Users assume full responsibility and risk for:
• Personal safety during travel
• Vehicle operation and passenger safety
• Proper use of vehicle amenities and equipment
• Compliance with traffic laws and driving regulations
• Emergency medical needs and health conditions
• Weather-related impacts and travel delays
• Damage to personal belongings
6.3 Vehicle-Related Liability Allocation
Liability determined by responsibility for damage:
| Damage Scenario | Responsible Party | Basis |
|---|---|---|
| Accident with third party | Insurance Co. / Responsible party | Dashcam, CCTV, GPS data, police reports, eyewitnesses (if any & authentic) |
| User negligence or misuse | User | Video evidence, witness testimony |
| Staff negligence | Vendor/Staff | Video evidence, incident report |
| Vehicle defect unknown to vendor | Vendor | Proof of due diligence failure |
| Vehicle defect known to vendor | Vendor | Withholding material information |
| Road accident (no fault) | Insurance Company | Third-party comprehensive coverage |
6.4 Vendor Indemnification Clause
Vendors shall INDEMNIFY and hold harmless the Platform, its employees, officers, directors, representatives, and associated parties from:
• Third-party claims, lawsuits, damages, losses
• Personal injury and death claims arising from vendor negligence or vehicle defect
• Property damage caused by vendor staff or vehicle
• Liability for traffic violations or parking violations by vendor staff
• Claims arising from inadequate insurance or unauthorized sub-rental
• Regulatory fines or penalties for vendor's non-compliance
• Breach of vendor obligations or service standards
Indemnification Exceptions:
• Does not cover Platform's intentional misconduct or gross negligence
• Does not cover incidents unrelated to vendor's services
• Does not waive vendor's insurance obligations
• Does not apply to third-party intentional acts unrelated to vendor
6.5 Vendor Insurance Requirements
Vendors must maintain:
• Comprehensive Vehicle Insurance: Covering vehicle damage, theft, natural calamities
• Third-Party Liability: Minimum ₹1 crore coverage for personal injury/death and property damage
• Staff Accident Insurance: Coverage for staff injuries during work
• Proof of Coverage: Insurance policy must be valid, active, and verified on Platform
Inadequate insurance shall be:
• Disclosed to users before booking
• Grounds for vendor suspension
• User may decline booking or request alternative vendor
6.6 User Indemnification
Users shall indemnify the Platform, vendors, and service providers from claims arising from:
• User negligence or violation of traffic laws
• Misuse of vehicle amenities or equipment
• User's health emergencies or medical conditions not disclosed
• User-caused damage to vehicle or properties
• User's violation of these Terms or applicable laws
6.7 Limitation of Platform Liability
TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:
The Platform's total liability to any User for any claim, damage, or loss shall be limited to the booking amount paid by that User or ₹5,000, whichever is greater. Excluded from Liability:
• Indirect, consequential, incidental, or punitive damages
• Lost profits, lost revenue, lost data, or business interruption
• Emotional distress or reputational damage
• Claims not timely notified to Platform
6.8 Third-Party Beneficiary Claims
Third parties (non-users involved in accidents, injuries, property damage) may pursue claims against:
• Vehicle Owner/Vendor: Through insurance or legal action
• Third-Party Liability Insurance: Directly
• Platform: Only for Platform's direct negligence (not vendor/driver conduct)
7. SAFETY, COMPLIANCE, AND VEHICLE STANDARDS
7.1 Vehicle Safety Standards
All caravans must comply with:
• Central Motor Vehicles Rules (CMVR): Latest safety standards (AIS-124, AIS-113)
• Pollution Standards: BS-VI emission compliance
• Construction Quality: ISO standards for caravan construction
• Equipment: Emergency exits, fire extinguishers, first aid kits, safety equipment
• Maintenance: Vehicles regularly serviced; brake systems, tires, electrical systems functional
7.2 Vehicle Verification Process
Before Platform approval, all vehicles undergo:
• RTO Verification: Registration certificate validity, tax compliance, insurance status
• Physical Inspection: Condition, cleanliness, equipment functionality, safety features
• Document Verification: Valid registration, insurance, pollution certificate
• Staff Verification: Driver/staff training certifications, empathy assessments, background checks
• Photographic Documentation: Multiple photos and video walkthrough
7.3 Onboard Safety Equipment
All caravans must have:
• Dashcam and CCTV: For accident documentation and liability determination
• GPS Tracking: Real-time location monitoring for emergency response
• Emergency Contacts: Posted contact information for vendor, Platform, emergency services
• First Aid Kit: Adequately stocked and accessible
• Fire Extinguisher: Accessible and charged
• Emergency Equipment: Tire repair kit, flashlight, jumper cables, warning triangles
7.4 Staff Safety and Training
All vendor staff must undergo:
• Safety Training: Vehicle operation, emergency procedures, passenger safety
• Hospitality Training: Customer service, conflict resolution, empathy
• Defensive Driving: Accident prevention and safe driving techniques
• First Aid Certification: Basic first aid and emergency response
• Background Verification: Police verification for public safety
7.5 User Safety Responsibilities
Users must:
• Read Safety Briefing: Attend mandatory safety orientation before travel
• Follow Instructions: Obey vendor instructions and safety protocols
• Report Issues: Immediately report vehicle defects or safety concerns
• Medical Disclosure: Disclose medical conditions that may affect travel fitness
• Traffic Compliance: Follow all traffic laws and driving regulations
8. ACCIDENT REPORTING AND LIABILITY DETERMINATION
8.1 Incident Documentation Process
In case of accident, damage, or incident during caravan use:
Immediate Actions (Within 1 Hour):
1. Check safety of all persons; provide first aid if needed
2. Contact emergency services if injuries
3. Document scene (photos, videos, GPS coordinates)
4. Obtain third-party information (vehicle, driver, insurance, witnesses)
5. File police report if accident involves third party
6. Notify vendor immediately via phone
7. Notify Platform via app incident report feature
Documentation Required:
• Dashcam Footage: Automatic recording; Platform retrieves via GPS
• CCTV Footage: Interior/exterior recordings from vehicle cameras
• GPS Data: Location tracking and speed data at time of incident
• Police Report: Copy of FIR if accident involves injury or third party
• Witness Statements: Signed statements from eyewitnesses
• Photographs: Date-stamped photos of damage from multiple angles
• Vehicle Documents: Registration, insurance, maintenance records
8.2 Liability Determination Criteria
Platform shall determine liability based on:
• Video Evidence: Dashcam/CCTV footage showing incident cause
• GPS Data: Speed, route deviation, sudden braking patterns
• Police Reports: Third-party accident investigation
• Expert Analysis: Vehicle damage pattern analysis
• Witness Testimony: Statements from independent witnesses
• Prior Conditions: Pre-existing vehicle defects or driver history
• Traffic Violations: Speed limits, traffic signal compliance, right-of-way
8.3 Liability Assessment Timeline
Platform shall:
1. Within 24 hours: Acknowledge incident and begin investigation
2. Within 7 days: Preliminary assessment of fault and liability
3. Within 14 days: Final liability determination with supporting documentation
4. Communication: Notify user, vendor, and insurance provider simultaneously
8.4 Liability Scenarios and Resolution
Scenario 1: Third-Party Accident (User at Fault)
• User liable for damage to third-party vehicle and person
• Insurance company compensates third-party
• User pays insurance deductible and any uninsured damages
• Platform facilitates insurance claim filing
Scenario 2: Third-Party Accident (Third Party at Fault)
• Third-party insurance liable
• Vendor vehicle damage covered by comprehensive insurance
• User has no financial liability
• Platform coordinates insurance recovery
Scenario 3: User Negligence (No Third Party)
• User liable for vehicle damage
• Amount calculated based on repair estimate
• Deducted from user's booking deposit or charged separately
• Vendor submits repair bills and receipts to Platform
Scenario 4: Vendor/Staff Negligence
• Vendor liable for damages
• Insurance claims filed against vendor's coverage
• Vendor liable for platform and user damages
• Vendor suspension possible if negligence is severe
Scenario 5: Vehicle Defect Unknown to Vendor
• Vendor liable for damages if defect was discoverable through reasonable inspection
• Insurance may partially cover if defect not covered by warranty
• Vendor repairs vehicle at own cost; Platform may offer alternative vendor
Scenario 6: Force Majeure (Natural Disaster, Unavoidable Accident)
• Comprehensive insurance covers damage
• No party liable unless prior negligence contributed
• User not liable for payment; full refund provided