Terms & Conditions

1.1. This website (www.burraa.com) is run by Burraa Travel Services Limited Liability Partnership LLP.
1.2. Burraa provides a technological platform helping to connect the activity service providers (henceforth named ASPs) with customers (henceforth named Users) across India. Burraa ensures a transparent and reliable connection, allowing users to directly interact with ASPs. 

1.3. Burraa does not run any activity. Burraa doesn't dictate the specifics of amenities, prices, timings, or services; it leaves control in the hands of the individual ASPs. Burraa also doesn’t act as an agent of any ASPs. However, the prices mentioned by ASPs on Burraa should be no greater than any price the ASPs list on any online platform.

1.4. The booking voucher issued by Burraa to a User is solely based on the information provided or updated by the ASPs. Any changes in the voucher information once issued is solely due to changes updated by ASPs to Burraa.
1.5. Burraa acts solely as a listing and booking platform for third-party activity providers. Participation in adventure activities involves inherent risks, including but not limited to injury or death. By booking any activity via Burraa, you acknowledge and accept these risks, and release Burraa from any liability related to accidents, injuries, or losses that may occur during the activity. Always follow safety instructions provided by the ASPs.

In its role as a technology platform to enable transactions between the ASPs and the Users, Burraa shall not be responsible for the operations of the activities including, but not limited to the following: 

2.1. Limited Responsibility: Burraa acknowledges that it assumes limited responsibility for the accuracy, reliability, and completeness of the information provided by activity service providers on the platform. 

2.2. Third-Party Providers: Burraa is not liable for any actions, services, or conduct of the third-party ASPs listed on the platform. Users engage with providers at their discretion. 

2.3. No Control Over Activities: Burraa explicitly states that it has no control over the quality, safety, legality, cancellation, wrong activity information, or any aspect of the activities offered by ASPs. Any cancellation is subject to the cancellation charges as mentioned in the booking voucher. 

2.4. Indirect or Consequential Damages: Burraa is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly to the users or ASPs. 

2.5. No Guarantee of ASPs Performance: Burraa does not guarantee the performance, conduct, or quality of services provided by ASPs and disclaims any liability related to user dissatisfaction with such services. 

2.6. User Discretion Advised: Users are advised to exercise their discretion and judgement when engaging with ASPs listed on Burraa, recognizing that Burraa's liability is limited to facilitating the connection between users and providers. 

3.1. Accurate Information: Users are responsible for providing accurate and complete information during the registration and booking processes on Burraa. 

3.2. Compliance with Terms: Users are expected to comply with the terms and conditions set forth by Burraa when using the platform and engaging with ASPs. 

3.3. Informed Decision-Making: Users should exercise informed decision-making when selecting and participating in activities, considering factors such as safety, personal preferences, and any specific requirements.

3.4. Reviewing Provider Details: It is the user's responsibility to review and understand the details provided by ASPs, including amenities, prices, timings, and services, before making any bookings. 

3.5. Payment Responsibility: Users are responsible for ensuring the accuracy of payment details and authorising transactions for bookings made through Burraa. 

3.6. Behavior and Conduct: Users are expected to conduct themselves appropriately and adhere to any guidelines or rules set by the ASPs during the course of the activities. 

3.7. Baggage and Personal Items: Users are responsible for the safety and security of their baggage and personal items during the activities, and Burraa is not liable for any loss or damage. 

3.8. Communication with ASPs: Users should communicate directly with ASPs for any specific queries, special requests, or additional information related to the booked activities. Users/ASPs indulging in any communication with each other which shall lead to potential business harm to Burraa shall be deleted from Burraa database. 

3.9. Feedback and Reviews: Users are encouraged to provide honest and constructive feedback and reviews after participating in activities, contributing to the transparency and improvement of the Burraa community. 

4.1.Account Security: Users are responsible for maintaining the security of their Burraa accounts, including safeguarding login credentials and promptly reporting any unauthorised access. 

4.2. Communication Preferences: Users may receive notifications, updates, or promotional messages from Burraa. Preferences for such communication can be managed through account settings. 

4.3. Intellectual Property: All content, including text, images, and logos, on the Burraa platform is protected by intellectual property laws. Users should refrain from unauthorised use, reproduction, or distribution of such content.
4.4 Technical Issues: Burraa is not liable for any disruptions or technical issues that may affect the platform's accessibility. Efforts will be made to address and resolve such issues promptly. 

4.5. Legal Compliance: Users are expected to comply with all applicable laws and regulations while using the Burraa platform and engaging with ASPs. ASPs shall solely be liable for compliance of all laws as laid by the central and state government to carry out the activities. The User agrees to take up any grievance resulting from cancellation or any deficiency in services due to any action of the enforcement agencies arising with the ASPs. 

4.6. Changes to Terms: Burraa reserves the right to update or modify its terms and conditions. Users will be notified of any changes, and continued use of the platform implies acceptance of the revised terms. 

4.7. Emergency Situations: In case of emergency situations or unforeseen circumstances affecting booked activities, users should follow the instructions provided by the ASPs and seek assistance as needed. 

4.8. Maximum Liability to an User: The maximum liability of Burra in the event of any claim arising out due to any reason shall not exceed the amount

under the underlying transaction paid by the User. Burraa shall not be liable to pay for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with any bookings.

Section 2:

By logging onto the Burraa Vendor application means the User has Accepted the Terms and Conditions and the below Agreement shall be applicable from the date of joining the Burraa Vendor application.

Agreement

Burraa Travel Services Limited Liability Partnership LLP, a firm incorporated under the Registrar of Companies-Goa, 2022 having its registered office located at House no. 175/1, Plot no. E-7, Near MES College, Zuarinagar, Goa- 403726 (hereinafter referred to as “Burraa”, which expression shall unless repugnant to the context or meaning thereof be deemed to include a reference to its successors and permitted assigns);

 

And

the User who has joined or logged in the "Burraa Vendor" Application is referred as “Burraa Vendor” which expression shall unless repugnant to the context or meaning thereof be deemed to include a reference to its successors and permitted assigns);

 

Burraa and Burraa Vendor shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”. 

 

 

(A) The Activity/Event (as defined below) is the property of Burraa Vendor and Burraa Vendor has been appointed to organize the Activity/Event. Burraa is engaged in the business of rendering ticket booking services through various voice and data channels which enable customers to reserve / book tickets to various entertainment Activity/Events without accessing physical points of booking / sale of the tickets to such Activity/Events.

 

(B) The Parties are entering into this Agreement in order to record the terms and conditions based on which, Burraa shall facilitate remote booking of tickets for the Activity/Event (as defined below) being organised by the Burraa Vendor and other matters in connection therewith.

 

Now Therefore, in consideration of the mutual promises and agreements of the Parties herein expressed, the Parties, intending to be legally bound, hereby agree as follows:

 

The following capitalized words and expressions, whenever used in this Agreement, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below:

 

“Confidential Information” shall include, but is not limited to inventions, ideas, concepts, know-how, techniques, processes, designs, specifications, drawings, patterns, diagrams, flowcharts, data, Intellectual Property Rights, manufacturing techniques, computer software, methods, procedures, materials, operations, reports, studies, and all other technical and business information in oral, written, electronic, digital or physical form that is disclosed by either Party and its directors, employees, advisors and consultants and vice versa under this Agreement and any other agreements/documents and/or transactions contemplated between the Parties under this Agreement;

 

“Customers”shall mean the customers who have booked Tickets through a Platform;

 

“Activity/Event” shall mean [all Activity/Events done by the organiser] at the Venue;

 

“Activity/Event Date” shall mean [all dates of the Activity/Event];

 

“Intellectual Property Rights” shall mean all rights and interests, vested or arising out of any industrial or intellectual property, whether protected at common law or under statute, which includes (without limitation) any rights and interests in formats of inventions, copyrights, designs, trademarks, trade-names, knowhow, business names, logos, processes, developments, licenses, trade secrets, goodwill, manufacturing techniques, specifications, patterns, drawings, computer software, technical information, research data, concepts, methods, procedures, designs and any other knowledge of any nature whatsoever throughout the world, and including all applications made for the aforesaid, rights to apply in future and any amendments/modifications, renewals, continuations and extensions in any state, country or jurisdiction and all other intellectual property rights whether available at this time and/or in future;

 

“Losses” means all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, proceedings, costs, expenses and disbursements of any kind or nature whatsoever (including all reasonable costs and expenses of attorneys and the defense, appeal and settlement of any and all suits, actions or proceedings instituted or threatened) and all costs of investigation in connection therewith;

 

“Ticket” shall mean a ticket or reservation (whether in physical or electronic form, as permitted under law) that allows the holder thereof access to the Activity/Event, on the Activity/Event Date, time and Venue identified in such ticket or reservation;

 

“Venue” shall mean [all venues at which the Activity/Event will take place].

2.1 Burraa Vendor hereby appoints Burraa for providing the Services (as defined hereinafter). Burraa hereby agrees and undertakes that it shall (a) facilitate the booking of Tickets through the Platforms (as defined hereinbelow); and It is clarified that:

 

(a) Burraa is a service provider and the sale of Tickets shall at all times be concluded between the Burraa Vendor and the Customer. Accordingly, the Ticket issued to Customers shall be on behalf of the Burraa Vendor; and

 

(b) Burraa is not responsible for booking or sale of Tickets through any medium or at any location (such as the Venue or other any physical points of sale) other than the following platforms (“Platforms”):

 

i. websites owned or controlled by Burraa (including “www.burraa.com”) accessible through computers or WAP or GPRS enabled mobile phones;

 

ii. mobile applications of Burraa;

 

iii. voice and data channels (including IVRs) to be facilitated by Burraa;

 

iv. any platforms owned and/or operated by third party(ies) associated with Burraa; and

 
v. any other booking medium that Burraa may introduce in future.

 

2.2 The appointment of Burraa is made hereunder on an exclusive basis. Accordingly, Burraa Vendor shall not (directly or indirectly) engage any person for providing services similar to the Services or facilitating booking / sales of Tickets through offline, online or other remote medium wherein the customer does not need to access any physical or offline point of sale to book or purchase a Ticket.

 

3.1 The Burraa Vendor shall:

 

(a) notify Burraa of all discounts, schemes and benefits that it intends to offer in relation to Tickets at least 3 (three) days prior to such offer becoming effective and shall give an exclusive right to Burraa to make the same offer to customers in respect of booking of Tickets through the Platforms;

 

(b) obtain all necessary approvals, permissions, licenses, no-objections, clearances etc. from the relevant governmental authorities as may be required to hold the Activity/Event in accordance with law and availing the Services, at its sole expense and cost;

 

(c) comply with all laws applicable to the Activity/Event in all respects;

 

(d) immediately notify Burraa, if it discontinues or modifies any aspects of the Activity/Event (including any services / facilities associated with the Activity/Event) and/or Facilities;

 

(e) ensure the safety of Customers throughout the Activity/Event and undertake necessary measures and actions for such purpose and be solely responsible for any loss, damage or injury caused to Customers without any recourse to Burraa;

 

(f) promptly notify Burraa of any delay, postponement or cancellation of the Activity/Event or any Activity/Events, facts, circumstances or developments that may be reasonably likely to result in any delay, postponement or cancellation of the Activity/Event;

 

(g) defend at its cost, any suit, claim or action brought against Burraa in connection with the Services or the Activity/Event having regard to the expense and effort that the Burraa Vendor would have reasonably invested as if the said suit, claim or action has been brought against it;

 

(h) it will provide such information as Burraa reasonably requests and shall otherwise cooperate with Burraa in order to give full effect to the provisions/terms of this Agreement;

 

(i) engage the services of a reputed security agency to provide external physical security at the Venue on the Activity/Event Date;

 

(j) reimburse the full cost and expense of any loss, damage or injury caused to property or personnel (whether owned or contracted) made available by Burraa at the Venue, for the purpose of the Activity/Event.

 

3.2 Without prejudice to any rights of Burraa, Burraa Vendor shall promptly notify Burraa if it is unable to fulfil its obligations mentioned above, whether or not on account of reasons attributable to it.

 

Burraa shall render the Services in a professional and competent manner.

Each Party represents and warrants to the other that:

 

5.1 It is duly organized, validly constituted under the laws applicable to it and is in good standing and that it has full authority and necessary approvals as required under law, contract and its charter documents to enter into this Agreement and to perform its obligations hereunder according to the terms hereof; and

 

5.2 That execution and delivery of this Agreement and the performance by it of its obligations under this Agreement have been duly and validly authorized by all necessary corporate or other action as may be required by it. This Agreement constitutes legal, valid, and binding obligation of such Party, enforceable against it in accordance with the terms hereof.

 

6.1 Burraa will charge a fixed fee of commission fee calculable on total Ticketing revenue as consideration towards provision of Services (“Commission Fee”) or Burraa shall transfer the prices for each activity as mentioned in Schedule 3 to the Burraa Vendor.

 

6.2 Burraa is entitled to charge a booking fee to the Customers transacting on its Platforms.

 

6.3 The following terms shall be applicable to payments to be made under this Agreement:

 

(a) Burraa shall release all monies collected by it on account of booking of Tickets through the Platforms to Burraa Vendor within 48 hours on receiving the booking or within such time as mentioned in Schedule 2 of this Agreement post deduction of its Commission Fee and/or Consideration.

 

(b) Upon completion of the Activity/Event, the Burraa shall raise an invoice on the Burraa Vendor for the amount of Consideration.

 

7.1 If due to any reason whatsoever (other than due a force majeure Activity/Event) whether or not attributable to the Burraa Vendor, the Activity/Event is cancelled, not held at the time or venue originally publicized or delayed past the Activity/Event Date or if there is any material change to the Activity/Event that entitles customers to seek refunds for the Tickets booked through the Platforms, Burraa shall charge an amount as mentioned in Schedule 2 of this Agreement as a cancellation charge (“Cancellation Charge”).

 

7.2 In the Activity/Event any refund of the Ticket price and any other costs (“Refund Amount”) are required to be processed by Burraa, the Burraa Vendor shall remit to Burraa an amount equivalent to the Refund Amount within 7 (seven) days of being notified by Burraa in this regard. In the Activity/Event that the Burraa Vendor fails to refund the Refund Amount to Burraa within such 7 (seven) days period, then without prejudice to its other rights, Burraa shall be entitled to adjust the same against the Advance Amount and amounts pending release to the Burraa Vendor under this Agreement, if any.

 

In no Activity/Event shall Burraa, nor any employee, officer, affiliate, director, shareholder, agent or sub- contractor acting on behalf of Burraa be liable to any third party for any direct, indirect, incidental, special, punitive, or consequential damages, or lost profits, earnings, or business opportunities, or expenses or costs, even if advised of the possibility thereof, resulting directly or indirectly from, or otherwise arising (however arising, including negligence) out of the performance of this Agreement, including, but not limited to, damages resulting from or arising out of the omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions by third parties, resulting in any failure of the performance of Burraa. Burraa shall have no liability whatsoever to or any third party in any circumstances. Burraa Vendor shall be solely responsible for the accuracy of all information relating to the Activity/Event including validity of the Ticket prices and any other charges and/or other information relating to the Services. Other than as expressly provided in this Agreement, Burraa shall not be responsible for any delivery, after-sales service, payment, invoicing or collection, Customer enquiries (not limited to sales enquiries), technical support maintenance services and/or any other obligations relating to or in respect of the Services unless it is directly related to the Services. Such services shall be the sole responsibility of the Burraa Vendor and the Burraa Vendor shall bear any and all expenses and/or costs relating thereto.

 

9.1 Subject to Clause 9.2 below, each Party agrees and acknowledges that all the copyrights, trademarks, proprietary and/or licensed software, service marks and trade secrets (“Intellectual Property”) of each Party while conducting the business contemplated under this Agreement shall always belong to such respective Party.

 

9.2 A Party shall be permitted to display the name and / or trademark of the other Party solely on advertisements, promotional material or collaterals relating to the Activity/Event issued by or on its behalf the Party and for no other purpose. In respect of Burraa's proprietary marks, Burraa Vendor shall obtain prior written permission to use Burraa's display the name and / or trademark and shall only utilise approved logos.

 

9.3 Each Party agrees that it shall not do or commit any acts of commission or omission, which would impair and/or adversely affect the other Party's rights, ownership and title in its Intellectual Property or the reputation / goodwill attached to its trademarks, trade names and corporate name.

 

9.4 Nothing stated herein shall constitute an agreement to transfer, assign or license or to grant any Intellectual Property of any Party to the other Party. Neither Party shall use the Intellectual Property of the other Party other than in accordance with Clause 9.2, without the prior written consent of the other Party.

 

10.1 Unless extended mutually in writing by the Parties, this Agreement shall be valid for the period mentioned in Schedule 2 of this Agreement or until completion of payment obligations of both the Parties, whichever is later (“Term”).

 

10.2 A Party may terminate this Agreement immediately by notice, if despite notice of breach from the non- defaulting Party, the defaulting Party has not cured the breach within a period of 10 (ten) days of being notified of the breach as aforesaid.

 

10.3 Either Party may terminate this Agreement at any time by providing the other Party with a thirty (30) days' prior written notice.

 

10.4 Upon receipt of a termination notice from the Burraa Vendor, Burraa shall be entitled to immediately discontinue the display of advertisements relating to the Activity/Event displayed on its Platforms, if any.

 

10.5 Termination of this Agreement shall be without prejudice to any rights accrued by Parties prior to termination hereof.

 

Any delay or failure in the performance by Burraa under this Agreement shall be excused and shall be without liability if and to the extent caused by a technical or other failure of any of the Platforms for reasons that are beyond the reasonable anticipation or control of Burraa, despite Burraa's reasonable efforts to prevent, avoid, delay or mitigate the effect of such occurrence.

 

12.1 It is hereby clarified that the Platforms are only a medium through which the Burraa Vendor has chosen to promote the Activity/Event and any dispute or claim of the customers regarding the organisation of the Activity/Event shall be resolved directly by the Burraa Vendor, with the customers, without any reference to Burraa, except for the purpose of processing any refunds to customers who have made bookings using a Platform provided that the Burraa Vendor shall have reimbursed to Burraa the relevant amount to be refunded in advance.

 

12.2 In the Activity/Event any suit, claim or action is brought against Burraa in connection with the Activity/Event, such suit, claim or action shall be defended by the Burraa Vendor at its cost having regard to the cost and effort that the Burraa Vendor would have reasonably invested as if the said suit, claim or action had been brought against it.

 

12.3 Each Party agrees to indemnify and hold harmless the other for any losses caused / suffered to such other due to any breach of the representations, warranties and covenants of such Party. No Party shall be liable for any losses of the other Party that are indirect or remote.

 

12.4 This Clause 12 shall survive and continue even after the termination of this Agreement.

 

In connection with this Agreement, the Parties may exchange proprietary / confidential information / Intellectual Property (the “Confidential Information”). Each Party agrees that during the Term of this Agreement it will: (i) only disclose Confidential Information to its employees, officers, directors, agents and contractors (collectively “Representatives”) on a need to know basis, provided, the receiving Party ensures that such Representatives are aware of and comply with the obligations of confidentiality prior to such disclosure; (ii) not disclose any Confidential Information to any person other than as permitted under (i), without the prior written consent of the disclosing Party. Provided that the aforesaid shall not be applicable and shall impose no obligation on a Party with respect to any portion of Confidential Information which was either at the time received or which thereafter becomes, through no act or failure on the part of such Party, generally known or available to the public; and/or has been disclosed pursuant to the requirements of any statute/ law or a court/ tribunal order. All customer data collected by Burraa or in the possession of Burraa shall be retained by Burraa and Burraa Vendor shall not claim any right, title, interest whatsoever over such property.

 

This Clause 13 shall survive and continue even after the termination of this Agreement

 

Neither Party will be liable for failure to perform the obligations directly as a consequence of an unforeseeable Activity/Event which is beyond the reasonable control of the affected Party, such as an act of God, natural disasters, riots, warfare, change in law, administrative or executive order, judicial order, government restrictions, lock downs, change in law and any Activity/Event of like nature, outbreak of disease including but not limited to epidemic, pandemic and which essentially suspends the performance of the Agreement (“Force Majeure”).

 

In the Activity/Event a Force Majeure scenario shall continue unabated for a period of 30 days, the Party suffering such Force Majeure Activity/Event hereto shall have the right to terminate this Agreement by furnishing written notice to the other with immediate effect, OR, the Parties may mutually decide to extend the Agreement on mutually agreed terms.

The terms of this Agreement shall be construed and interpreted in accordance with the laws of India.

 

Any disputes arising out of or in connection with this Agreement, during its subsistence and after its termination in any manner whatsoever, including the validity of this Agreement shall be referred to arbitration of a sole arbitrator mutually appointed by the Parties hereto. The Arbitration proceedings shall be conducted in accordance with the provisions contained in the Arbitration and Conciliation Act, 1996. The place of Arbitration shall be Goa and the language of Arbitration shall be English. All fees and costs associated with the arbitral proceedings shall be borne by the Parties equally.

 

The Parties hereby agree that the courts of Mumbai shall have exclusive jurisdiction to enforce the arbitral award.

 

Notwithstanding anything contained herein, this Agreement shall be legally binding on the Parties and shall be enforceable against them.

 

Subject to the terms of this Agreement, no modification of this Agreement shall be binding upon the Parties unless the same is in writing and signed by an authorised representative of each Party. Part performance shall not be deemed a waiver of this requirement.

 

This Agreement may consist of more than 1 (one) copy, each signed by the Parties to the Agreement. If so, the signed copies are treated as making up the one document and the date on which the last counterpart is executed is the Signing Date.

 

If any provision or part thereof of this Agreement shall be held void or becomes void or unenforceable at any time, then the rest of the terms of this Agreement shall be given effect to as if such provision or part thereof does not exist in this Agreement. The Parties agree that such an Activity/Event shall not in any manner affect the validity and the enforceability of the rest of the Agreement. No delay or omission by Burraa in enforcing or performing any of the terms or conditions of this Agreement shall be construed as or constitute a waiver of obligations of Burraa Vendor under this Agreement.

 

This Agreement contains the entire arrangement, agreement and understanding of the Parties that relates to the subject matter. If any cost, loss, damage, expense, liability, claim, monies or obligation is incurred/fulfilled by Burraa on behalf of the Burraa Vendor, Burraa shall have the right, and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim or monies against amounts due from Burraa Vendor to Burraa, including the right to offset any payment due from the Burraa Vendor to Burraa under this Agreement or any other agreement. This Agreement shall supersede all prior agreements executed between the Parties.