Below is a list of key definitions of terms used in Rental Agreement -

  1. Rental Start Date - Date chosen for start of Trabug rental period, at the time of booking
  2. Rental End Date - The last day of the Trabug rental period
  3. Rental Period - Duration of Trabug rental starting with your chosen rental start date and expires upon your designated rental end date
  4. Subscriber - The person/traveler who subscribes or opts for the Trabug service by booking at the Website
  5. SIM Card – Subscriber Identity Module provides a unique phone no. identity to each subscriber
  6. Trabug Pack or TPack - It includes a smartphone with battery, a SIM card, a phone charger, and host of services and information loaded onto the smartphone
  7. Tariff Plan – Combination of voice & data plan optimised on the SIM card
  8. TRAI – Telecom Regulatory Authority of India
  9. DOT – Department of Telecom
  10. Hotel - Can be any commercial accommodation
  11. Service Provider - the telecom operator from whom the SIM card has been procured
  12. KYC - Know Your Customer (documents required by TRAI) includes copies of Photo ID, Passport, VISA and passport size photograph
  13. Smartphone - A smartphone is a mobile phone with an advanced mobile operating system which combines features of a personal computer operating system with other features useful for mobile or handheld use.
  14. FUP - Fair Usage Policy (also known as Fair Access Policy or Bandwidth Cap) is implemented by Internet Service Providers (ISPs) world over. A small number of customers use an excessive amount of the network bandwidth and impairs the experience of a large majority. Through this policy, ISPs seek to address this imbalance and give all users the opportunity to experience the network in the same way.
  15. 4G - G in 2G, 3G and 4G stands for the “Generation” of the mobile network. 4G is the fourth generation of wireless mobile telecommunications technology, succeeding 3G.
 

1. Nature of Service

Trabug provides a smartphone on rent, a SIM card (un-activated) and many helpful applications preloaded in the phone, user guides and accessories (collectively the "TPack") to travellers who plan to visit India. We do not offer accessories / smartphones for sale on this Website.

2. Eligibility to rent TPack

While our Tpack may be used by travellers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and are able to abide by and comply with the terms set forth herein.

3. Booking of TPack

You must visit our Website to book the Trabug services. Once you exit the payment page, you will be prompted to complete the booking formalities. This includes -

  1. Uploading certain documents (KYC) that are required by the service provider to complete your request
  2. These documents should be uploaded at the earliest and not later than seven (7) working days of the Rental Start Date in any case.
  3. In case of multiple/group bookings, KYC compliance is required for all the subscribers.

4. Execution of Service

  1. Trabug shall deliver the TPack to you at the designated place, at its own risk.
  2. Trabug shall use reasonable efforts to deliver the TPack by the requested delivery time but it shall not incur any liability in the event of any delay.
  3. You shall accept the TPack on the requested delivery time. If, for any reason, you fail or refuse to accept the TPack on such date, Trabug is authorized to charge you some penalty charges/fees. These charges are defined in clause 9 below.
  4. Placement of your order via the Website constitutes acceptance of this contract.
  5. The SIM Card, upon activation, will have a mobile data plan and a voice plan for use during the Rental Period. The details of the rental plan are available on our Website.

5. Rental Period

The Rental Period depends upon the Plan chosen. The FLEXI and ECO Plans have a minimum validity of one (1) day and can be extended to twenty four (24) days at the time of booking the Trabug Pack. The SUPER and POWER Plans have a minimum phone rental validity of seven (7) days and can be extended for upto eigthy (80) days at the time of booking the Trabug Pack. Any part usage of the rental period shall entail complete standard rental charges.

6. Delivery and Acceptance

The TPack will be delivered to your designated address on the Rental Start Date. It is your responsibility to inspect the TPack upon receipt and to verify that it is in good working condition. In the event that you are not available to accept or fail to accept the delivery of the TPack for any reason, then such TPack shall still be deemed to have been accepted by you and you will still be responsible for the return of the TPack and for all charges associated with it. In other words, it is your responsibility to ensure that you are available to receive the TPack and that you accept the delivery of the TPack. We will assume all risk of loss and damage from the delivery of the TPack to your designated address. Trabug will be responsible for all shipping expenses related to delivery and reverse pick-up of the TPack. However, all responsibility of handling the TPack during the Rental Period and its safe return, is solely with you.

7. Use of TPack

  1. The TPack provided to you shall be used only in India, as per the Government regulations. The TPack is country specific. Any non-compliance in this regard will be your sole liability.
  2. The TPack is the sole property of Trabug and shall be returned by you upon termination or deactivation or temporary suspension of services for any reason whatsoever.
  3. You agree to exercise reasonable care in the use of the TPack, and to handle the TPack in accordance with the user guide. You further agree that you will not do any of the following:

    1. make repairs or modifications, or alter in any way, the TPack;
    2. remove or alter any certification markers affixed to the TPack;
    3. share the TPack with any third party, or allow any such third party to use the TPack, with the sole exception of a family member, companion, or friend accompanying you on your trip;
    4. dispose of the TPack;
    5. grant any interest in the TPack to any third party; or
    6. use the TPack for any illegal purpose.
  4. The tariff plans have some optimised talk time minutes and mobile internet data on them. These may vary from time-to-time and the exact plan details will be available on our Website. However, it is pertinent to note that excess usage of one category of minutes may affect the usage of the other category. For instance, if you exceed your usage of international calling minutes to a particular country (rates & talk time may vary with country), your domestic calling minutes may be reduced and vice versa.
  5. Services quality, functionality and/or reliability may be affected due to topographical, atmospheric, hydrological, environmental conditions, and/or any such factors/conditions, system changes, upgradations, repairs & maintenance of systems, equipments & services & the networks provided by the service provider.
  6. Trabug is entitled to refuse, limit, suspend, vary, disconnect and/or interrupt the service (including supplementary services, mobile equipments, etc.) in whole or in part at any time at its sole discretion with respect to one/all Subscriber(s), without any notice or any reason and or due to various factors including but not limited to Government regulations / orders / directions / notification etc. that may restrict such usage.
  7. For change / addition / deletion of any features / supplementary services / tariff plan you will have to provide the details in writing and be bound by the additional terms thereof. You can change the tariff plan anytime directly with the service provider, if you wish. However, Trabug is not responsible for any changes made in the offered Tariff Plan as these will be directly made with the service provider. Provision of supplementary service etc. shall be at any extra charge and on such other/additional terms as are specified from time to time.
  8. Premium SMS is a subscription based service & can only be activated or deactivated by the subscriber. Trabug cannot guarantee the premium SMS charges as the cost vary from provider to provider & service to service. You may receive promo messages from the service provider and your response to these may affect your tariff plan / charges accordingly.
  9. Non-Usage of service for any reason whatsoever, does not absolve you of charges / fees already paid. You shall also be liable for any damage / loss of TPack.

8. Returns

You are solely responsible for returning the TPack to Trabug before departure from India. All returns shall be collected by us at a designated time & place as agreed. The TPack shall be returned in identical working order and condition, as was it was delivered to you in. You assume all risk of loss and damage of TPack till it is returned to the Trabug.

To ensure rightful responsibility of the TPack, we recommend that you pack the contents of the TPack in the presence of a representative of the hotel or a friend you are staying with. Also, you should call us at the time of packing the Tpack so we can assist you in the process.

9. Fees and charges

  1. Rental Charges: Our current rental fees are posted on our Website and may be amended without prior notice. Please note that we do not apply any credit for any partial usage; all partial consumage periods shall be treated as full usage periods for our billing purposes.
  2. Security amount: There is a REFUNDABLE security amount of USD 65 chargeable at the time of booking. Your credit card details will be kept on file until the end of the Rental Period, in the event that other charges need to be placed. This security amount covers the cost of the TPack (smartphone along with its accessories) and is retained in case of any loss or damage to the TPack. However, the USD 65 is refunded once the TPack reaches Trabug in the identical condition as it was delivered to you in i.e. provided the TPack is not damaged or any part is not lost. The refund shall be credited to your account within 10 working days.
  3. Service Charges: Usage charges must be pre-paid according to the costs posted to our Website. You are liable for any charges relating to usage outside of areas covered by Trabug's specified network, and for charges related to usage outside regions for which the purchased service was intended for.
  4. Late Return: All returns must be made at the agreed time & date. In the event that the TPack is received post the agreed date you will incur a daily penalty fee of USD 20 per day the return is late. If Trabug does not receive the TPack within 3 working days of your rental end date you will incur a final penalty fee and your security amount shall stand forfeited, as the TPack will be deemed to be lost. If for any reason you are unable to return the TPack to us, including but not limited to the TPack being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges. If the TPack is returned to us after we have charged the loss penalty, we will immediately offset the charge with the fee corresponding to the number of days your TPack is considered overdue.
  5. Loss, theft or damage: You are solely responsible for all loss or damage to the TPack during the Rental Period. Any charges for damaged or lost TPack will be billed directly to the credit card used at the time of purchase and adjusted against the security deposit held by Trabug. Charges break down as follows: USD 50 for smartphone with battery, USD 15 per charger with cable and USD 10 per box. In the event that all TPack is lost or damaged, the total charge payable is USD 65. Damaged TPack is defined as TPack that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen etc.).

10. Cancellation / Change in Tariff Plan

  1. You can cancel the booking anytime before the day of your specified rental start date.
  2. 100% refund shall be made in case the booking is cancelled with 6 days remaining to the Rental Start Date. However, in case you cancel within 5 days of the start of rental period, a fee of 50% of the base plan cost will be deducted. This amount is deducted towards the costs incurred towards preparation of sending you the TPack.
  3. In case the TPack is dispatched and you fail to accept the same, an additional fee of USD 10 is deductible.
  4. You can change the tariff plan anytime, the changes are applicable only upon receipt of confirmation from the service provider. However, Trabug is not responsible for any changes made in the offered Tariff Plan as these will be directly made with the service provider.

11. Ownership of TPack

By using this service, you agree and acknowledge you are renting TPack for travel purposes only, and that you will acquire no rights in the TPack. You agree that Trabug will retain all ownership of the TPack, including but not limited to user guides and accessories.

12. Customer warranty

If you are renting this TPack on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.

13. Trabug warranty

Trabug warrants that the TPack will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period subject to exclusions defined below.

14. Remedies

In the event of any failure to meet the Trabug Warranty set forth in the clause above, our sole liability and your sole and exclusive remedy will be to repair or replace the TPack at our expense. If we replace the TPack, you will receive the same or reasonably similar TPack to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your TPack.

15. Disclaimer of warranties

EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 13 ABOVE, Trabug MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE TPACK OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR TPACK WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. Trabug EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE TPACK, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE TPACK AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While Trabug shall make every effort to erase all personal information left on returned TPack, we cannot be responsible for ensuring the protection of personal information left on returned TPack. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING TPACK RENTED PURSUANT TO THIS RENTAL AGREEMENT.

16. Consequential damages; limitation of liability

TO THE EXTENT PERMITTED BY LAW, NEITHER Trabug NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.

17. Indemnification

By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Trabug, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable legal fees, in any way connected with

  1. a breach of the terms and conditions of this Rental Agreement; and
  2. any dispute between you and any third party service, which you engaged through our service.

18. Miscellaneous

We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.

19. Force majeure

In the event we fail to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our non-performance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.

20. Governing Law - Dispute Resolution

This Rental Agreement is governed by Indian Law, without regard to conflicts of law principles. All disputes arising under this Rental Agreement shall be subjected to arbitration as may be appointed at the sole discretion of the Trabug. Costs of the arbitration, including administrative and arbitrator's fees, shall be shared equally by you and Trabug. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable legal fees.

21. Privacy Policy

We at Trabug, are committed to protect our customers’ personal information and/or sensitive personal data and strive to maintain the privacy of your personal information. For your information, “Personal information” is any information that can be used, by itself, to uniquely identify, contact, or locate a person, or can be used with information available from other sources to uniquely identify an individual. For the purpose of this policy, sensitive personal data or information has been considered as a part of personal information.

All the documents that we receive from you are forwarded to the service provider as part of the KYC compliance process required to issue a SIM card in your name. We hold on to scanned copies of your documents for a period of not more than 6 months from the date of travel. This is only for compliance purposes. However, we may utilize some or all available information for assisting in future bookings.

By purchasing service offered by Trabug, you agree to receive promotional messages relating to similar products and services we offer. Also, the service provider may send any promotional messages / notifications from their end.

We may also share your personal information with government agencies or other authorized law enforcement agencies mandated under law to obtain such information for the purpose of verification of identity or for prevention, detection, investigation including but not limited to cyber incidents, prosecution, and punishment of offences.

As a policy, we never retain any data on the TPack. Our provisioning process wipes off any data that is left, in case it has not already been erased by the subscriber at the time of following the checkout process.

22. Cookie Policy

A cookie is a small text file that is stored on your computer by your web browser. These kinds of cookies are not computer programs, and they can't read other information saved on your hard drive. They cannot be used to spread viruses, or get a user's email address. All websites use cookies in different ways and for most they are essential in providing a better user experience when navigating around a website. Trabug cookies are completely anonymous and are not shared with anyone else.

These cookies let you move around the website and use essential features like secure areas. These cookies don't gather any information about you that could be used for marketing or remembering where you've been on the internet.

We use these Strictly Necessary cookies to:

  • Identify you as being logged into Trabug.com
  • Make sure you connect to the right service on our website when we make any changes to the way the website works.

Cookies we have defined as 'Strictly Necessary' cookies will not be used to:

  • Gather information that could be used to advertise products or services to you.
  • Remember your preferences or username beyond your current visit.

Accepting these cookies is a condition of using the website, so if you prevent these cookies we can't guarantee our website will perform as expected during your visit.

These cookies help identify information about how you use our website e.g. which pages you visit, and if you experience any errors. These cookies don't collect any information that could identify you – all the information collected is anonymous and is only used to help us improve how our website works, understand what interests our users, and measure how effective our advertising is.

We use performance cookies to:

  • Provide statistics on how our website is used.
  • See how effective our adverts are (we don't use these cookies to target adverts to you when you visit other websites).
  • Help us improve the website by measuring any errors that occur.
  • Test different designs of our website.

Using our site indicates that you accept the use of 'Performance' cookies. Accepting these cookies is a condition of using the website, so if you prevent them we cannot guarantee how our site will perform for you.

Functionality cookies are used to provide services or to remember settings to improve your visit. We use Functionality cookies to:

  • Remember settings you've applied such as layout, text size, preferences and colours.
  • Remember if we've already asked you if you want to fill in a survey.
  • Show you when you're logged in to the website.

Cookies defined as 'Functionality' will not be used to target you with adverts on other websites.

Preventing these cookies may mean we can't offer you some services, and will reduce the support we can offer you. It's also possible that preventing these cookies will stop us remembering that you didn't want a specific service.

For example, social media sharing cookies apply when you share our content on a social network such as Facebook or Twitter.

Trabug has relationships with carefully selected and trusted marketing suppliers. Sometimes you might see Trabug advertised on other websites. This is because a cookie has been used to deliver the ad to you. It is important to understand that these cookies are completely anonymous - they are only stored on your computer. No information is ever shared with other websites and you have the ability to opt out of targeted marketing directly from these trusted suppliers.

Preventing these cookies may stop us from offering you some services. All of these cookies are managed by third parties, and use the third parties' own tools to prevent these cookies.

To opt out of receiving Trabug targeted advertising in future or to find out more, click the following link:

https://www.google.com/settings/ads http://www.aboutcookies.org/ http://www.youronlinechoices.com/uk/your-ad-choices

You have the right to ask for a copy of your personal information held by us. If you have any questions about this cookie policy or the use of your personal information, or if you wish to request for us to stop using your information in any way, please write to: