Below is a list of key definitions of terms used in Rental Agreement -
- Rental Start Date - Date chosen for start of Trabug rental period, at the time of booking.
- Rental End Date - The last day of the Trabug rental period.
- Rental Period - Duration of Trabug rental starting with your chosen rental start date and expires upon your designated rental end date.
- Subscriber - The person/traveller who uses the Trabug service.
- SIM Card – Subscriber Identity Module provides a unique phone number identity to each subscriber.
- Device - A Smartphone or WiFi Hotspot.
- Trabug Pack - It includes a Trabug Box with following contents - a Device with battery, a SIM card, a charger with USB cable, a printed manual, a Return Bag.
- Return Bag - The addressed courier bag in which the Trabug Box, along with its contents, has to be sealed at the time of return of Trabug Pack.
- Tariff Plan – Voice and / or data plan optimised on the SIM card(s).
- Place of Stay - Can be any commercial / residential accommodation.
- Delivery Address - Address in India where the Trabug Pack is requested for delivery by the Subscriber. In case this address is not serviceable by Trabug's Logistics Partner, it shall be delivered, with pre-intimation, at the nearest service centre of Trabug's Logistics Partner. The Trabug Pack can be picked up by the Subscriber from this, pre-informed address.
- Pick-up Address - Address in India where the Trabug Pack is requested for pick-up by the Subscriber. In case this address is not serviceable by Trabug’s Logistics Partner, it shall be picked-up, with pre-intimation, at the nearest service centre of Trabug’s Logistics Partner. Trabug shall provide the pick-up address to the Subscriber at the earliest possible.
- Service Provider - the telecom operator whose network connection is used by the Device.
- KYC - Know Your Customer, includes copies of Photo ID, Passport, VISA and passport size photograph of the Subscriber.
- 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.
- 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 Device on rent, a SIM card (un-activated) and many helpful applications (preloaded in the Smartphone or downloadable separately), user guides and accessories (collectively the "Trabug Pack") to travellers who plan to visit India.
2. Eligibility to rent the Trabug Pack
While our Trabug Pack may be used by inbound travellers to India, 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 the Trabug Pack
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 -
- Providing certain documents that are required for KYC purposes.
- These documents should be provided at the earliest and not later than seven (7) working days of the Rental Start Date in any case.
- In case of multiple/group bookings, KYC compliance is required for all the Subscribers.
4. Execution of Service
- Trabug shall deliver the Trabug Pack to you at the designated place, at its own risk.
- Trabug shall use reasonable efforts to deliver the Trabug Pack by the requested delivery time but it shall not incur any liability in the event of any delay.
- You shall accept the Trabug Pack on the requested delivery time. If, for any reason, you fail or refuse to accept the Trabug Pack on such date, Trabug is authorized to charge you some penalty charges/fees. These charges are defined in clause 9 below.
- Placement of your order via the Website constitutes acceptance of this contract.
- The SIM Card, upon activation, will have a mobile data plan and may also have a voice plan for use during the Rental Period. The details of the rental plan are available on our Website.
5. Delivery and Acceptance
- Trabug shall deliver the Trabug Pack to you at the Delivery Address, at its own risk.
- Trabug shall use reasonable efforts to deliver the Trabug Pack by the requested delivery time but it shall not incur any liability in the event of any delay.
- The Subscriber needs to make all possible efforts for the Trabug Pack to be accepted at the Place of Stay. Any such failure in delivery, shall be at the sole responsibility of the Subscriber.
- In the event that you are not available to accept or fail to accept the delivery of the Trabug Pack for any reason, then such Trabug Pack shall still be deemed to have been accepted by you and you will still be responsible for the return of the Trabug Pack and for all charges associated with it.
- You shall accept the Trabug Pack on or before the requested delivery day. If, for any reason, you fail or refuse to accept the Trabug Pack on such date, Trabug is authorized to charge you penalty charges/fees. These charges/fees are defined in clause 9 below.
- Placement of your order via the Website constitutes acceptance of this contract.
- 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.
- It is the responsibility of the Subscriber to inspect the Trabug Pack upon receipt and to verify that it is in good working condition.
- Trabug shall assume all risk of loss and damage from the delivery of the Trabug Pack to your Delivery Address. Trabug will be responsible for all shipping expenses related to delivery and reverse pick-up of the Trabug Pack, unless otherwise specified at our website / or agreed mutually. Some delivery addresses may incur additional charges. These charges shall be pre-intimated.
- All responsibility of handling the Trabug Pack during the Rental Period and its safe return, is solely with the Subscriber.
6. Service Quality
- 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.
- Trabug is not a Telecom Operator and runs its service on partner networks. Trabug's services are limited upon the Network Coverage of the Service Provider(s).
- The Device might not be able to connect to our partner's network in mountainous, underground, coastal and other remote areas. These are problems typical to telecom networks and are beyond Trabug’s control.
7. Use of the Trabug Pack
- The Trabug Pack provided to you shall be used only in India, as per the Government regulations. The Trabug Pack is country specific. Any non-compliance in this regard will be your sole liability.
- The Trabug Pack 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.
The Subscriber agrees to exercise due care in the use of the Trabug Pack, and to handle the Trabug Pack in accordance with the user guide. You further agree that you will not do any of the following:
- make repairs or modifications, or alter in any way, the Trabug Pack;
- remove or alter any certification markers affixed to the Trabug Pack;
- share the Trabug Pack with any third party, or allow any such third party to use the Trabug Pack;
- dispose-off the Trabug Pack;
- grant any interest in the Trabug Pack to any third party; or
- use the Trabug Pack for any illegal purpose.
- 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.
- 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.
- 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.
- 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.
- 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 Trabug Pack.
The Subscriber is solely responsible for returning the Trabug Pack to Trabug safely. All returns shall be collected by Trabug from the Pick-up Address. The Trabug Pack should be returned in identical working order and condition, as was it was delivered in. The Subscriber assumes all risk of loss and damage of Trabug Pack till it is returned to the Trabug.
To ensure rightful responsibility of the Trabug Pack, it is recommended that the Trabug Pack is sealed in the return bag, before it is handed over.
9. Fees and charges
- Rental Charges: 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.
- 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 Trabug Pack (Device along with its accessories) and is retained in case of any loss or damage to the Trabug Pack. However, the USD 65 is refunded once the Trabug Pack reaches Trabug in the identical condition as it was delivered to you in i.e. provided the Trabug Pack is not damaged or any part is not lost. The refund shall be credited to your account within 10 working days.
- 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.
- Late Return: All returns must be made at the agreed time & date. In the event that the Trabug Pack 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 Trabug Pack 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 Trabug Pack will be deemed to be lost. If for any reason you are unable to return the Trabug Pack to us, including but not limited to the Trabug Pack 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 Trabug Pack 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 Trabug Pack is considered overdue.
- Loss, theft or damage: The Subscriber is solely responsible for all loss or Damage to the Trabug Pack during the Rental Period. Any charges for damaged or lost Trabug Pack will be billed directly to the credit card used at the time of purchase and adjusted against the security deposit held by Trabug. The breakdown of charges is as follows: USD 55 for cracked screen, battery loss or other Damage to the Device, USD 15 per charger with cable and USD 10 per box. In the event that the Device is lost, the total charge payable is USD 65. Damage is defined as Trabug Pack that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience.
10. Cancellation / Change in Tariff Plan
- The Subscriber can cancel the booking anytime before the day of your specified rental start date.
- 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 rental cost will be deducted. This amount is deducted towards the costs incurred towards preparation of sending the Trabug Pack.
- In case the Trabug Pack is dispatched and the Subscriber fails to accept the same, an additional fee of USD 9.99 is deductible.
- The Subscriber 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 the Trabug Pack
By using this service, the Subscriber agrees and acknowledges entering into a contract for renting the Trabug Pack for travel purposes only, and that the Subscriber shall acquire no ownership rights in the Trabug Pack. The Subscriber agrees that Trabug will retain all ownership of the Trabug Pack, including but not limited to user guides and accessories.
12. Customer warranty
If the Subscriber are renting this Trabug Pack on behalf of an entity rather than for own personal use, then the Subscriber represents and warrants that he/she is 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. The Subscriber further represents and warrants that no fraud or misrepresentation is committed in entering this Rental Agreement.
13. Trabug warranty
Trabug warrants that the Trabug Pack 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.
In the event of any failure to meet the Trabug Warranty set forth in the clause above, the sole liability of Trabug is to repair or replace the Trabug Pack at Trabug’s expense. If Trabug replaces the Trabug Pack, the Subscriber shall receive the same or reasonably similar Trabug Pack to use for the remainder of the Rental Period. It is the obligation of the Subscriber to notify Trabug immediately, within a maximum period of 24 hours of the receipt of the Trabug Pack, in the event that any problem is experienced with your Trabug Pack.
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 Trabug Pack, we cannot be responsible for ensuring the protection of personal information left on returned Trabug Pack. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING Trabug PACK 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.
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
- a breach of the terms and conditions of this Rental Agreement; and
- any dispute between you and any third party service, which you engaged through the Trabug service.
Trabug reserves the right to discontinue the rental services or terminate and/or amend this Rental Agreement at any time at its sole discretion. Expiration or termination of this Rental Agreement will not relieve the Subscriber 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 Trabug fails 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 Trabug’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Trabug notifies you of the existence and nature of the reason for our non-performance and delay, and Trabug resumes 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 the Subscriber 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.
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. “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 are received from the Subscriber are part of the KYC compliance process and have limited accessibility by concerned authorities only. Trabug holds on to scanned copies of the documents for a period of not more than 24 months from the Rental End Date. This is only for compliance purposes. However, Trabug may utilize some or all available information for assisting in repeat bookings.
By purchasing service offered by Trabug, the Subscriber agrees to receive promotional messages relating to similar products and services offered by Trabug directly. Also, the service provider may send any promotional messages / notifications from their end. This is beyond Trabug’s control.
Trabug 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, Trabug does not retain any data from the Trabug Device. Trabug’s provisioning process wipes off any and all information / data that is left behind on the Device, in case it has not already been erased by the Subscriber at the time of checkout.
What are cookies?
What sort of cookies do Trabug use, and why?
Strictly Necessary Cookies
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
Find out more http://www.aboutcookies.org/ http://www.youronlinechoices.com/uk/your-ad-choices