Adam Vacations Car Rental Services: Terms & Conditions

Agreement between User and Adam Vacations

Adam Vacations is owned and operated by Adam Vacations Pvt. Ltd. ("Adam Vacations", "we", or "us"). This agreement outlines the terms and conditions applicable to the services available on or through the Adam Vacations website, mobile website, and mobile and tablet applications (collectively referred to as the "Site"), and details your responsibilities, thereby limiting the liability of Adam Vacations and its third-party suppliers. These suppliers include, without limitation, airlines, hotels, rental car companies, and other suppliers that provide travel or other services through this Site (such third parties collectively referred to as the "Travel Service Providers"). The Site is intended for personal, non-commercial use.

BEFORE submitting an account registration form and/or using any of the services on the Site, please read this Agreement carefully. By accessing any area of this Site, users ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these Terms and Conditions, which will constitute our agreement ("Agreement"). You should also read our Privacy Policy, which governs your use of this Site and is referenced in this agreement. If you do not agree with any part of this Agreement, you must discontinue use of this Site. Adam Vacations reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these Terms and Conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or participate in sweepstakes or other promotions available on Adam Vacations.

Legal Actions : Arbitration and Dispute Resolution

Adam Vacations is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.

You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Sites and/or any of its related applications or services; any dealings with Adam Vacations, including with our marketing and customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by Adam Vacations; or our Privacy Policy (collectively, “Claims”) by providing Notice to Customer Support. Unless prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. If we are unable to resolve your Claims within 60 days of receipt, you may seek relief through arbitration or small claims court, as set forth below. This informal process is a condition precedent to your ability to initiate a claim in arbitration or small claims court.

This Agreement shall be governed by the laws of the United States of America and Indian laws, without regard to conflict of laws. All Claims or other matters in dispute between you or any third party and Adam Vacations, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the United States and India, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

Mandatory Arbitration

Please read this provision carefully. It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitations apply to any claims against Adam Vacations, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site.

In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator’s decision is generally final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.

Credit Card Chargebacks

As a user, you have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Adam Vacations prior to disputing the charge with your credit card company to discuss any questions or concerns about our charges. Adam Vacations will work with you to resolve your concerns. Adam Vacations retains the right to dispute any chargeback that it believes is improper, as described more fully below. Adam Vacations also retains the right to cancel any travel reservation in the event of a chargeback related to that reservation.

By using our service to make a reservation with a Supplier, you accept and agree to the relevant cancellation policy of that Supplier. The cancellation policy of each reservation is available on our website. Please note that certain rates or special offers are not eligible for cancellation or change. Adam Vacations deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover the costs of such chargeback claims from you, the User.

• Chargebacks resulting from non-cancellable reservations in the event that Adam Vacations or the Supplier cannot provide a refund, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates, or other third parties with direct access to your credit card.
• Chargebacks arising from the Supplier’s failure to deliver a product or service in a manner that’s consistent with the Supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Adam Vacations or its subsidiaries.

Disclaimer of Warranties

All content contained within or available through this Site is provided to you on an "as is" basis. Adam Vacations makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content, or materials included on this Site. To the fullest extent permissible, Adam Vacations disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability, satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Adam Vacations does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses or other harmful components. Adam Vacations does not warrant or make any representations regarding the suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text, and related graphics content.

Without limiting the foregoing, no warranty or guarantee is made

• regarding the acceptance of any request,
• that a user will receive the lowest available price for goods and/or services available through this Site,
• regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, or
• regarding the results that may be obtained from the use of this Site.

General Limitation of Liability

To the extent permitted by law, in no event shall Adam Vacations, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the "Covered Parties"), be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to:

• loss of goodwill, profits, business interruption, data, or other intangible losses;
• your inability to use, unauthorized use of, performance or non-performance of the Site;
• unauthorized access to or tampering with your personal information or transmissions;
• the provision or failure to provide any service;
• errors or inaccuracies contained on the Site or any information, software, products, services, and related graphics obtained through the Site;
• any transactions entered into through this Site;
• any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Site or any Site to which it provides hyperlinks; or
• damages otherwise arising out of the use of the Site, any delay or inability to use the Site, or any information, products, or services obtained through the Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, or otherwise, even if a Covered Party has been advised of the possibility of damages.

The travel service providers are independent contractors and not agents or employees of the Covered Parties. To the extent permitted by law, the Covered Parties do not assume liability for any injury, damage, death, loss, accident, or delay due to an act or omission of a Travel Service Provider and do not accept responsibility for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism, or causes beyond the Covered Parties' control.

No Covered Party shall be responsible for any Travel Service Provider's breach of warranty, nor for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement or with applicable federal, state, provincial, and local law.

To the extent not prohibited by law, if, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, user agrees the liability of any such party shall in no event exceed the total charge to the user assessed by Adam Vacations for making a request.

Indemnification

You agree to defend and indemnify Adam Vacations and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:

• Your breach of this Agreement;
• Your violation of any law or the rights of a third party; or
• Your use of this Site in violation of this Agreement.

Copyright and Trademark Notices

The content on this Site is protected under United States and international laws, including trademark and copyright laws. The content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, lodging star rating system, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content and the infrastructure used to provide such Content (which are also included in the definition of “Content”), are proprietary to and owned by Adam Vacations, its corporate affiliates, and/or the Travel Service Providers. Some trademarks, service marks, and other company designations on the Site may belong to third parties or Travel Service Providers and are used on the Site under license or for identification purposes only. The use of marks on the Site that belong to third parties, and the availability on the Site of goods or services from such third parties, should not be construed as an affiliation, endorsement, or sponsorship of this Site and its services by any such third party.

The Content includes, but is not limited to, the following trademarks and service marks, and registered trademarks and service marks, owned by Adam Vacations: [List specific trademarks and service marks relevant to Adam Vacations, if any].

Claims of Copyright Infringement

Adam Vacations respects the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the Site infringes your copyrighted work, you (or your agent) may send us a written notice that includes the following information:

• A clear identification of the copyrighted work that you claim has been infringed.
• A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
• Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
• A statement that you have a "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
• A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Acceptable Use of the Website

• Users must be at least 18 years old to purchase, cancel, or modify any services through Adam Vacations. Accessing the site's materials in certain countries by certain persons may not be lawful.
• Adam Vacations grants users a limited, personal, non-transferable, revocable license to access and use the site as permitted in the agreement.
• The site may only be used for legitimate reservations, purchases, or requests for products or services offered.
• Users must provide accurate information and represent that they have authority to use any credit card provided for transactions.
• Adam Vacations reserves the right to cancel any transaction believed to be fraudulent.
• Users may not use, transmit, copy, reproduce, download, print, modify, display, or sell site content without authorization.
• Users may copy, print, or download their travel reservations and itineraries for personal use only.
• Users agree not to engage in speculative, false, or fraudulent requests on the site.
• Users may not access site content using automated means without permission.
• Users may not submit unlawful or objectionable content, infringe on intellectual property rights, or violate laws or contractual agreements.
• Users may not disrupt the site's functioning or attempt to gain unauthorized access to it or related systems.
• Users may not obtain content through unauthorized means or collect information about others without consent.

User Rights and Responsibilities

Privacy Policy: Your privacy is of utmost importance to us. Please carefully review our Privacy Policy, which governs your usage of this Site. By utilizing this Site, you acknowledge that you find the terms of this policy acceptable. You consent to the utilization of your personal information by Adam Vacations and/or its Travel Service Providers in accordance with both our Privacy Policy and the respective privacy policies of our Travel Service Providers. Adam Vacations will not be held liable for any damages resulting from non-compliance with the Privacy Policy.

Accounts, Security, Passwords: You may register for access to this Site by completing the designated registration process and furnishing us with current, comprehensive, and accurate information as requested in the online registration form. It is your responsibility to uphold the completeness and accuracy of your registration details, and any consequences arising from your failure to do so are your own responsibility. During the registration procedure, you will be prompted to select a security question. Safeguarding the confidentiality of both your security question and your account is your responsibility. Promptly inform Adam Vacations of any unauthorized use of your account. Adam Vacations bears no liability for any losses you may suffer due to unauthorized usage of your account, whether or not you were aware of such usage.

Third Parties:

• If you use this Site to submit Requests for or on behalf of a third party ("Third-party"), such as a family member or traveling companion, you are responsible for ensuring the accuracy of the information provided in connection with such use (e.g., the billing address and phone number of the credit card holder).
• Furthermore, you must communicate all Terms and Conditions applicable to the Third-party. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits, and claims (including defense costs), related to the Third-party's or the User's failure to fulfill any obligations as described above.
• You bear direct responsibility for any Request submitted, including total charges and performance obligations.

No Agency Relationship:

- Adam Vacations does not agree to act as your agent or fiduciary in providing services through the Site.

Modification/Termination of Usage:

• Adam Vacations solely reserves the right to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, account password, or use of the Site, at any time for any reason with or without notice to you.
• In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability.
• Additionally, Adam Vacations shall not be liable to you or any third-party for any termination of your access to this Site.

Links to Other Websites and Services:

• To the extent that this Site contains links to outside services and resources, or to the extent that third-party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider.
• The presence of a link to a third-party site does not constitute or imply Adam Vacations' endorsement or recommendation of the third-party, or of its content, products, or services.
• If you choose to access any third-party site, you do so at your own risk.

User Comments, Feedback, and Other Submissions:

Certain sections of the Site may allow you to submit, post, transmit, or upload content created by you, including photographs, information, text, images, graphics, videos, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social media networks (such as branded Facebook, Twitter, Instagram channels), discussion forums, and/or communications with other Site users ("User Submissions").

User Submissions must comply with Section II of this Agreement. Additionally, you agree not to submit any User Submission that:

• Includes material copyrighted or protected by trade secret unless you own such rights or have explicit permission from the owner.
• Infringes upon, misappropriates, or violates the rights of any person or entity, or any applicable laws.
• Is unlawful, obscene, defamatory, threatening, pornographic, harassing, indecent, violent, abusive, false, hateful, racially or ethnically offensive, or otherwise inappropriate.
• Contains advertisements or solicitations.
• Impersonates another user.
• Contains personal information without consent.
• Could be considered bulk unsolicited communications.

3. By providing any User Submission to Adam Vacations via the Site or social media, you grant Adam Vacations a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, copy, reproduce, broadcast, publish, print, transmit, perform, display, create derivative works, distribute, exhibit, disseminate, and otherwise exploit such User Submission for any purpose, including advertising and marketing, in any media now or in the future, even if this Agreement is later modified or terminated.

4. No credit, approval, or compensation is due to you for any Use of any User Submission you may submit. Adam Vacations may also Use your username, real name, image, likeness, caption, location information, and/or other identifying information in connection with the Use of User Submissions.

5. You represent and warrant that the Use of the User Submission by Adam Vacations will not infringe upon, misappropriate, or violate any rights of any person or entity, or violate any applicable law. You agree to obtain all necessary rights for the Use by Adam Vacations of User Submission, including written releases from all individuals included in any User Submission.

6. Adam Vacations reserves the right to monitor, review, alter, edit, refuse to post, or remove any User Submission. Adam Vacations has no obligation to use or respond to any User Submission and disclaims responsibility for User Submissions' nature.

7. Adam Vacations will cooperate with law enforcement authorities or court orders requesting disclosure of the identity of anyone posting User Submissions violating these Terms and Conditions or any law. Adam Vacations may also disclose such information if it believes such disclosure is reasonably necessary to protect its rights, property, or personal safety.

8. By submitting a User Submission, you acknowledge that any personal data supplied by you may be used by Adam Vacations or its agents for commercial marketing and communication emails to you. You hereby consent to such use. You have the right to access, modify, and request the destruction of your personal data at any time by sending a request to Adam Vacations. You also have the right to opt-out from receiving such marketing and communication at any time by sending a message to Adam Vacations.

9. You agree to defend and indemnify Adam Vacations and any Covered Parties from any claims, losses, damages, fines, penalties, or other costs resulting from any User Submission made by you or any Use of a User Submission by Adam Vacations.

Travel Services: General

Pricing:

• Adam Vacations aims to maintain accurate prices and information for its services.
• In the event of incorrect pricing or service information provided by a Travel Service Provider due to typographical error or other reasons, Adam Vacations reserves the right to refuse or cancel any Requests.
• If a charge has been made for a cancelled Request due to incorrect information provided by the Travel Service Provider, Adam Vacations will promptly issue a credit to the user's credit card account.

Travel Service Providers:

• Users agree to comply with the terms and conditions set by any Travel Service Provider, selected either by the user or by Adam Vacations.
• Violation of a Travel Service Provider's conditions may result in cancellation of reservations, denial of access to flights, hotels, or automobiles, forfeiture of payments, and debit of the user's account for related costs incurred by Adam Vacations.
• Users are responsible for all charges, fees, duties, taxes, and assessments related to the use of the Site.
• Adam Vacations is not liable for any damages arising from the performance or non-performance of any Travel Service Provider. In case of non-performance due to the Travel Service Provider's financial issues, the user's recourse is against the Travel Service Provider, not Adam Vacations.

Accessibility:

Adam Vacations does not have specific knowledge regarding the suitability of reservations for disabled persons. Users should contact the Travel Service Provider directly for information regarding accessibility.

Bookings through Foreign Sister Companies and Third Parties:

• Certain reservations may be facilitated by Adam Vacations through its foreign sister companies or third-party travel providers.
• Users should be aware of the Terms & Conditions of these sister companies or third-party providers when making bookings through them.

Currency and Exchange Rates:

• Purchases on the Site are transacted in different currencies based on the user's IP address or selected currency.
• Exchange rates may cause discrepancies between the amount charged at reservation and the amount reflected on the credit card statement.
• Refunds will be issued in the initially charged currency, and Adam Vacations is not responsible for exchange rate fluctuations.

Trip Protection:

• Travel insurance offered on the Site is provided through partnerships with Allianz Global Assistance and/or Cover Genius Insurances Services.
• Users are subject to the respective Terms & Conditions of these insurance providers when purchasing travel insurance.

Rental Cars - General

• Adam Vacations acts as a facilitator in car rental reservations with rental car suppliers.
• Vehicle rentals are subject to standard rental contracts of the car rental companies, completed by the user at the time of vehicle pick-up.
• Actual prices may vary depending on special requests and items purchased at the counter.
• Pricing may change based on pick-up/drop-off location, date, or time, or at the discretion of the rental car company.
• While certain requests like child seats are accepted, they are not guaranteed and provided at the discretion of the rental car company.
• Valid driver's license and credit card in the driver's name are required at pick-up. Some locations also accept debit cards.
• Requested car types are not guaranteed, and specific makes/models are for example only.
• Car fleet information is subject to change based on updates from the supplier.

Charges for Taxes and Service Fees

• In addition to the base rate, Adam Vacations charges Taxes and Fees to cover taxes, fees, and surcharges owed by the rental car supplier.
• The charge varies based on factors like the amount paid and the pick-up location.
• Adam Vacations collects taxes from users and pays them to the rental car suppliers.
• Tax rates and types vary by location and are determined by the rental car company.
• Users are provided with a breakdown of estimated taxes, fees, and surcharges before submitting a Request.

Express Deals

• Rental car reservations made through Express Deals® are non-changeable, non-endorsable, non-transferable, and non-refundable.
• A valid Driver's License and credit/debit card consistent with transactional details provided are required at pick-up.
• A credit/debit card is needed for security deposit and additional charges like insurance and child seats.
• All rentals include Taxes, Fees, and Surcharges associated with Time and Mileage.
• Charges for reserving a child seat vary by the Rental Company and are payable directly to them.