“Questra Services Pvt Ltd”, a company, incorporated under Indian law, having its registered office at 92, Pyramid, 9th Floor, Near Dariya Mahal, JP Road, Versova, Andheri West, Mumbai – 400061, provides an online platform that connects hosts who wish to host a travel experience or an activity of a specific travel destination, with visitors seeking to receive hosts’ services related to visiting such destinations.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of marketplace platform services (the “Services”) provided by “Questra Services Pvt Ltd” and access of such Services through the website Questra.in (the “Site”) or application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.
KEY DEFINITIONS AND INTERPRETATION
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Activity” means services that a Host may provide to a Traveler in relation to a specific travel destination (e.g. leading a trek or hike, showing around a city, leading a food walk or a city walk, teaching about art and culture of a city, leading a complete trip, or hosting a similar activity online via online meetings platforms, etc.).The services must comply with local and international legal regulations.
“Activity Fee” means an amount due and payable by a Traveler for the Activity.
“Host” means a User - a natural person who creates the Profile via the Site, Application and provides activities.
“User” means an individual who completes the “Questra.in” account registration process, including but not
limited to the Hosts and Travelers.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made
available through the Site, Application or Services.
“Traveler” means a User who requests from a Host a booking of an activity via the Site, Application or
“you”,“your” and “yours” means you a User of the Site or Application.
“we”,“us” and “our” are references to “Questra Services Pvt Ltd”
Interpretation of host
A ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his/her personal local experience with travelers he/she meets on Site or Application so that they could become
acquainted with the area from the perspective of a local. Hosts must meet all legal requirements to give tours
in their area. In some cases, and in some locations, this means that a specific license has to be obtained from
an appropriate authority. However, if a host is simply accompanying travelers, offers practical advice or shares
his/her experience about ‘best bars and restaurants’,‘non-touristic spots’,‘shopping areas’ etc. he may just be
a passionate local person without any formal training in tour organizing.
Description of the Services “Questra Services Pvt Ltd” makes available an online platform for the Hosts and Travelers to meet online and arrange activities directly with each other.
a) By using the Site or Application, the Hosts may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves
available to offer activities to the Travelers. Based on the Profiles and Activity descriptions, the Travelers may
select the Hosts to provide the activity.
b) You must create a Listing and submit the Experience on Questra.in platform. Experiences must at all times meet the standards and requirements for Experiences. When listing an Experience you must, where
applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Experience, (ii) any
requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special
certifications or licenses, etc.).
c) For your Experience to be published on the Questra.in platform, you will have the ability to add dates and times when you offer your Experience through the Application or Site (an "Instance"). By making an
Instance of your Experience available on the Questra.in platform, you agree that only people who book
through Questra.in can attend that Instance of the Experience. You further agree that you will not allow people
to attend any Instance of your Experience available on the Questra.in platform unless that person booked
through Questra.in Platform
d) You are responsible for providing all equipment, including supplies, vehicles, venues and other
materials ("Equipment") necessary to host your Experience. You are solely responsible for ensuring that the
Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety,
equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of
damage or loss to your Equipment.
e) Additional Experience Host Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses,permits, or registrations prior to providing your Experience; and (iii) ensuring that your Listing and/or Hosting of an Experience will not breach any agreement you may have with any third party. You can find additional
information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
Role and responsibilities of Questra
Questra.in is not a tour operator nor it is a travel agent. Questra.in does not provide the activity or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Hosts and Travelers in arranging for the Activity and (ii) processing payment transactions between the Hosts and Travelers, when the latter book the Activity. With reference to above, you understand and agree that Questra.in is not a party to any agreement between the Host and Traveler in relation to the Activity
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of “Questra Services Pvt Ltd” and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site,
Application or Services.
Subject to your compliance with these Terms, “Questra Services Pvt Ltd” grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
The Site, Application and Services are intended solely for hosts who are 18 or older. Any access to or use of the Site, Application or Services for hosting or supplying, by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. “Questra Services Pvt Ltd” assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. “Questra Services Pvt Ltd” is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings all Users will be offered a private messaging facility. Such facility must be
used in a professional, courteous manner and only in relation to Activities. We reserve the right to monitor and
suspend any User accounts we suspect of abusing the private messaging facility. Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your activity/trip details only. Contact details of both parties will be automatically released after booking is confirmed via the Questra.in payment system. In case you bypass the Questra.in platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on Questra.in can be reviewed by a Quality control or Legal team. This is to provide you a better support should a conflict arise that requires escalation between you and another user. You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Activities, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organization or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services. All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to “Questra Services Pvt Ltd” a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and
distribution channels. We reserve the right to monitor all User Content uploaded to the Site or Application at
any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider
at our sole discretion that such User Content is either bogus or in breach of these Terms. If “Questra Services
Pvt Ltd” chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or
remove, such User Content.
Membership Payments and Fees
You agree that “Questra Services Pvt Ltd”, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. We reserve the right to terminate
your access to the site for any reason or no reason. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees. In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.
A Host individually determines the Activity Fee. Before setting the Activity Fee the Host must evaluate the fees and any local taxes applied for providing Activities. The Activity Fee has to include any such fees and taxes that the Host determines that he/she has to collect. The Activity Fee displayed in the advertisement of an Activity or Profile includes all fees and taxes and is final for the Traveler.
As a Host you understand and agree that 100% of the amount paid for the Activity, less our service fee, will be
considered as your personal income and taxes will be accounted for the entire amount. The transfers are
made using our payment provider to the account you have provided. The service fee will be paid on the day
when we initiate payment to you for the Activity. We will upon the date of such payment consider our services
fully rendered and upon the request of the Host will issue an invoice for the services of using the Questra.in
A Traveler can make a payment at the time of booking the activity. At the time of payment a credit or debit card of the Traveler, who made the booking, is debited the full amount of the Activity Fee. The funds on the Host’s Questra.in account balance will be available for withdraw not earlier than 48 hours after the Activity is completed. We will initiate transfer of the Activity Fee (less our service fee) to the Host on a weekly basis & at least 48 hours after the completion of the Activity if no disputes have been filed. The service fee will be
deducted from the Activity Fee and Questra.in will issue a relevant invoice to the Host.
We will transfer the host earnings to the account specified by the Host on a weekly basis. For eg., Monday of every week, for activities completed in the last week with no disputes being filed from the travelers attending the activity. Sometimes, additional documents may be required in order to make the transfer. These
documents can include passport, domestic id or in some cases also a utility bill or a bill from another known
company showing your name and address. If this is required exceptionally, we cannot make the transfer until
we have received such documents. We will make several attempts to contact the Host but if we have not received such documents within 3 months, we will cancel the payout and shut down the host account.
Cancellations and Refunds
If, a Traveler, wishes to cancel a confirmed booking made via the Site, Application and Services, he/she will be refunded according to the “Activity cancellation policy”. The money will be refunded to the same credit or debit card used when he/she booked the Activity. If a Host cancels a confirmed booking, the traveler will be refunded the full amount. A Traveler is also entitled for a refund of 100% of the Activity Fee in case a Host fails to arrive for the Activity. A Traveler has 24 hours after the start time of an Activity to initiate such a dispute. Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.
LIMITATION OF LIABILITY
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you. Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold us harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
MODIFICATION OF THE SERVICES
“Questra Services Pvt Ltd”reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that “Questra Services Pvt Ltd”will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services
Enforcement of Legal Obligations
1. You acknowledge that “Questra Services Pvt Ltd” may terminate your account and remove the
Content and other Network Data, as well as disable your access to any and all Networks at any time for
violations of this policy without notice and without any liability to you. You are solely responsible and liable for complying with all applicable laws including privacy laws.
2. You acknowledge that “Questra Services Pvt Ltd”may terminate the account of any User in
accordance with the terms of this policy.
3. You acknowledge that “Questra Services Pvt Ltd” also reserves the right to remove, preserve, and
disclose any information or Content or account it deems necessary or appropriate to (a) satisfy any applicable
law, regulation, legal process or governmental request, (b) enforce this policy, including investigation of
potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d)
respond to User support requests, (e) protect the rights, property, or safety of “Questra”
, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.
Representations and Warranties
1. You represents and warrants to “Questra Services Pvt Ltd” that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth. You specifically
represent that you are above the age of 18 years, and if this is found to be untrue, “Questra Services Pvt Ltd” is
not bound by any transactions between you and “Traveller” unless ratified by your parents/legal guardians.
2. You represent and warrant to “Questra Services Pvt Ltd” that you shall comply with all applicable local, state, national and international laws, rules, and regulations in connection with the User’s use of the Site & Application.
3. All other representations and warranties, whether express or implied, are explicitly disclaimed by both Parties hereto.
4. You warrant and agree that, while using this Site and the various services and features offered on or through this Site, you shall not:
• impersonate any person or entity or misrepresent your affiliation with any other person or entity
• insert your own or a third party's advertising, branding or other promotional content into any of the
Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes
• attempt to gain unauthorized access to other computer systems through the Web Site.
You (User) agree to defend, indemnify and hold “Questra Services Pvt Ltd” and its Affiliated Partner’s directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through this Site, or your breach or violation of the law or of these Terms and Conditions. “Questra Services Pvt Ltd” reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with “Questra Services Pvt Ltd” defense of such claim.
Disputes, Governing Law and Venue
1. “Questra Services Pvt Ltd” shall not be held responsible for disputes arising out of interactions between Members. “Questra Services Pvt Ltd” reserves the right, but has no obligation, to become involved in any way with these disputes.
2. The terms shall be governed by the laws of India without regard to its conflict of law principles.
3. The user agrees to submit to the personal and exclusive jurisdiction of the courts of Mumbai, India for the purpose of litigating all such claims or disputes.
Termination by “Questra Services Pvt Ltd”
These T&C shall remain in full force and effect while you use this Site or the Services provided on this Site. “Questra Services Pvt Ltd” may terminate or suspend your access to this Site or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information
associated with your membership. “Questra Services Pvt Ltd” may also terminate or suspend any and all
Services and access to this Site immediately, without prior notice or liability, if you breach any of the terms or
Effects of Termination
Upon termination of your membership/account, your right to use the Services, access this Site, and any Content will immediately cease. All provisions of these T&C which, by their nature, shall survive termination,
including but not limited to ownership provisions, warranty disclaimers, and limitations of liability. If these T&C are terminated as a result of your breach, “Questra Services Pvt Ltd” reserves the right to cancel any
outstanding amounts to your credit and any services or packages that you may have purchased prior to said
termination, without refund or liability to you.
If any provision of these T&C is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these T&C shall otherwise remain in full force and effect and enforceable.
English language. Any translation of these T&C is solely for reference only. In the event of inconsistency
between the English language version and a translated version, the English language version of these T&C
shall always prevail.