Terms & Conditions of Service

1. Corporate Identity and Nature of Service

This legally binding agreement is entered into by the passenger ("Rider"), the licensed commercial transport partner ("Driver-Partner"), and Awara Banjara Adventure (OPC) Private Limited ("Company"), operating the digital platform BOLOGO. The Platform functions exclusively as a pre-scheduled digital bidding marketplace connecting verified travelers with licensed commercial transport operators. The Company does not operate privately owned fleet vehicles; all transportation is executed by independent commercial permit holders.

2. Pre-Scheduled Booking Model & Mandatory Lead Times (No Instant Hailing)

BOLOGO is engineered specifically for scheduled travel, long-distance routes, and mountain itineraries. It does not provide sub-hour instantaneous on-street hail dispatch:

• 15-Day Advance Booking Horizon: Riders may schedule and broadcast itinerary requests up to fifteen (15) calendar days prior to the desired journey timestamp.
• Next-Day and Same-Day Scheduling: Riders may schedule transit for future dates or for the current calendar date.
• Mandatory 1-Hour Minimum Lead Time: Every journey request must be confirmed at least sixty (60) minutes prior to the pickup time. On-demand hail requests under 60 minutes are barred to ensure driver vehicle inspections and alpine safety.
• Punctuality Protocol: Driver-Partners must arrive at the agreed boarding location 10 to 15 minutes prior to the scheduled pickup time.

3. Regulatory Compliance & Commercial Vehicle Standards

In accordance with Regional Transport Office (RTO) directives, only commercial vehicles possessing active yellow registration plates, valid contract carriage permits, current fitness certifications, and active commercial insurance may accept bookings. Private vehicles (white plates) are barred. Every Driver-Partner must hold an active commercial driving license with public transport endorsement and a verified Police Clearance Certificate (PCC).

4. Bidding Architecture & "All-Inclusive" Final Fare Policy

BOLOGO enforces a strict "Full and Final All-Inclusive Price" framework within statutory fare ceilings and floors:

• Comprehensive Final Fare: The final accepted bid is exhaustive. The Driver-Partner must absorb all operating overheads, including fuel, highway tolls (such as Atal Tunnel tolls), municipal green taxes, interstate road entry taxes, and standard parking fees at pickup, drop-off, and tourist halts.
• Mandatory Rohtang Pass (NGT) Permit Inclusion: For any trip to or via Rohtang Pass, the Driver-Partner’s bid MUST include the mandatory National Green Tribunal (NGT) e-permit and associated environmental fees. Drivers shall not bid without guaranteed permit validation. If a vehicle is halted at Gulaba Checkpost due to absent or invalid permit credentials, it constitutes a Driver Default resulting in a 100% Rider refund and administrative penalty.
• Zero Cash Extortion: Driver-Partners are strictly barred from demanding cash surcharges. Extortionate requests trigger automated wallet penalties and deactivation.

5. Mandatory 4-Digit OTP Ride Verification & Off-Platform Poaching Ban

Every scheduled transit journey initiates through cryptographic authentication to preserve safety and regulatory tracking:

• System Authentication: A ride commences legally only after the Rider provides the 4-digit system-generated One-Time Password (OTP) to the Driver-Partner and the driver validates it inside the terminal application at the pickup point.
• Strict Prohibition of Off-Platform Agreements: Driver-Partners and Riders must not cancel platform rides to negotiate private cash trips.
• Nullification of Protection: Transit undertaken without valid OTP validation is considered an unapproved private arrangement. The Company disclaims all emergency tracking, legal cover, and commercial insurance facilitation for unauthenticated rides. Drivers attempting off-platform conversion face permanent blacklisting.

6. Passenger Safety, Real-Time GPS Telemetry & 24x7 SOS Escalation

In adherence to the Central Motor Vehicle Aggregator Guidelines, all trips are continuously tracked via device GPS telemetry from OTP validation through drop-off. The Platform incorporates an emergency alert mechanism (SOS) connecting directly to the Company’s 24x7 response desk and local law enforcement (Dial 112). Drivers must follow mapped navigation corridors; unscheduled route diversions or unauthorized passenger pickups are strictly prohibited.

7. Driver Operating Limits & Fatigue Management Protocols

To eliminate driver fatigue hazards across alpine corridors and comply with Clause 13 of the Aggregator Guidelines:

• 12-Hour Operational Ceiling: No Driver-Partner may remain logged in or dispatch-eligible for more than twelve (12) cumulative hours within any rolling 24-hour cycle.
• Mandatory 10-Hour Rest Window: Reaching the 12-hour operational cap triggers an automated platform lockout enforcing at least ten (10) consecutive hours of rest before new dispatches can be accepted.
• Physical Fitness: Driver-Partners must not accept assignments while impaired by exhaustion or high-altitude sickness.

8. Scheduled Cancellation Rules & Statutory Penalty Caps

Because BOLOGO operates on pre-scheduled reservations, cancellation rules ensure balance and route commitment:

• Bookings Over 24 Hours in Advance: Riders may cancel without fee up to four (4) hours prior to scheduled departure.
• Same-Day Bookings (1–24 Hours Prior): Riders may cancel without fee within 15 minutes of driver acceptance, or up to two (2) hours prior to departure.
• Late Cancellation / Passenger No-Show: Cancellations made after driver dispatch or arrival, or failure to board within 20 minutes of the scheduled time, incur an official cancellation fee.
• Driver-Initiated Cancellations: Driver-Partners must not cancel accepted bookings except under verified mechanical failure. Arbitrary cancellations trigger internal demerit deductions and dispatch suspensions.
• Statutory Cap: Any cancellation fee assessed to either party shall not exceed ten percent (10%) of the accepted fare or INR 100, whichever is lower.

9. Mechanical Breakdowns, Alpine Hazards & Pro-Rata Settlement

Operating across high-altitude corridors requires structured contingencies for natural disruptions and mechanical faults:

• Environmental Force Majeure: In events of flash floods, landslides, snowfall, black ice, or administrative roadblocks, the Driver-Partner holds discretion to stop the vehicle in a safe zone or abort transit to preserve human life.
• Mid-Transit Mechanical Breakdown: The Driver-Partner must attempt to secure an authorized commercial backup vehicle. If alternative transport is unavailable within a reasonable timeframe, the trip terminates and the fare is calculated on a Pro-Rata Basis based on actual distance completed relative to total itinerary distance. BOLOGO assists in rerouting but bears no third-party private liabilities.

10. Zero-Tolerance Policy: Substance Abuse, Impairment & Decorum

The Company maintains an absolute zero-tolerance standard regarding alcohol, narcotics, or psychotropic substances. Operating or accepting rides under the influence leads to immediate, permanent profile deactivation and formal notification to the licensing RTO and police authorities. Riders and Driver-Partners must maintain professional decorum; harassment, extortion, discriminatory speech, or abusive behavior results in immediate exclusion from the Platform.

11. Data Privacy, Non-Solicitation & Post-Trip Contact Prohibition

Under the Digital Personal Data Protection (DPDP) Act, 2023, personal data shared during dispatch is confidential:

• Confidentiality of Identity: Passenger phone numbers and route coordinates are masked and utilized strictly to fulfill the booked journey.
• Strict Prohibition on Post-Trip Contact: Neither Driver-Partners nor Riders may retain, export, or utilize contact records for personal messaging, telephone calls, social media outreach, marketing solicitations, or stalking after trip completion.
• Legal Enforcement: Any post-journey harassment triggers permanent account deactivation and referral to cybercrime authorities.

12. Baggage Norms, Restricted Contraband & Lost Articles

Luggage must fit safely within the trunk capacity of the booked vehicle class without obstructing driver visibility or emergency doors. Carrying illegal narcotics (including cannabis/charas), untaxed commercial consignments, hazardous chemicals, unlicensed firearms, or contraband is strictly prohibited. The Platform coordinates communication to return forgotten property, but the Company assumes no custodial or financial liability for items left inside vehicles.

13. Independent Contractor Status & Limitation of Road Liability

Driver-Partners are independent commercial transport contractors and do not constitute direct employees, agents, or partners of Awara Banjara Adventure (OPC) Private Limited. While the Company enforces strict compliance screening, direct legal liability arising from road accidents, collision damage, physical injury, or reckless driving remains with the registered vehicle owner and their commercial motor insurance under the Motor Vehicles Act, 1988. The Company’s aggregate liability for platform technical claims is capped at the net facilitation fee retained for the disputed ride.

14. Payments, Driver Prepaid Wallet & Statutory Tax Withholding

Trips may be settled via integrated digital payment gateways (UPI, credit/debit cards, wallets) or direct cash settlement upon trip completion:

• Prepaid Driver Wallet for Cash Trips: For cash-settled journeys, the platform convenience fee is automatically deducted from the Driver-Partner’s in-app digital prepaid wallet. Driver-Partners must maintain an active wallet balance above the minimum threshold to bid on ride requests. Insufficient wallet balances restrict bidding eligibility until replenished.
• Tax Withholding (TDS) and GST: Platform convenience fees are subject to statutory Goods and Services Tax (GST). Payout disbursements to Driver-Partners are subject to applicable withholding taxes under Sections 194C and 194M of the Income Tax Act, 1961.

15. Statutory Grievance Redressal Mechanism & Nodal Officer

In accordance with the Information Technology (Intermediary Guidelines) Rules, 2021, and the Motor Vehicle Aggregator Guidelines, all safety inquiries, complaints, and official regulatory escalations must be directed to the designated Nodal Officer:

• Name: Viru Thakur
• Designation: Regulatory Nodal & Grievance Officer
• Operating Entity: Awara Banjara Adventure (OPC) Private Limited
• Corporate Address: The Mall Road / VPO Manali, District Kullu, Himachal Pradesh – 175131, India
• Support Email: support@bologo.in • legal@awarabanjara.com
• Phone: +91 91039 10523
• Statutory Timelines: Acknowledgment within 24 hours; formal resolution within 15 operational business days.

16. Governing Law & Exclusive Territorial Jurisdiction

These Terms shall be interpreted, construed, and enforced in accordance with the substantive laws of the Republic of India. Any suit, litigation, dispute, or administrative proceeding arising out of or in connection with the Platform shall be submitted exclusively to the competent judicial courts located in Kullu / Manali, Himachal Pradesh, India.