1. Customer’s Obligations
- The customer may pre-order the meal on-line on e-catering service anytime after booking of ticket and up to 02 hours of scheduled arrival of the train (In certain cases vendors have opted to serve meals even within 02 hrs. of train reaching a station) at selected station and shall ensure that all fields in the format have been filled in correctly. IRCTC shall not be responsible for any incorrect information provided by the customer.
- The Customer shall be a bonafide Rail passenger having a valid railway ticket with PNR.
- The customer must carry the railway ticket at the time of delivery of pre-ordered meal at the seat/berth on the stationary train. IRCTC shall not be liable for the delivery of pre-ordered meal in case the passenger is not carrying the valid Railway ticket and not giving correct and identical OTP, at the time of delivery, as provided to the passenger at the time of booking of the meal.
- IRCTC and the service provider with whom IRCTC has entered into an agreement for the provision of delivery of pre-ordered meals reserve the right at their sole and absolute discretion to refuse delivery if the passenger resorts to violence and/or abusive language with the authorized delivery person.
- Customers must be present on the seat/berth as confirmed against the PNR on the selected train during the period of trains stationed at the selected Railway station. IRCTC or the service provider shall not be liable for non-delivery of the pre-ordered meal in case, passenger is not available at the seat/berth as confirmed against PNR on the selected train during the stationary period of the train at selected Railway station as location of the customer cannot be determined otherwise.
- Pre-deboarding/No show/Non-Boarding:
- In case of pre-deboarding of the customer by detraining at any station prior to the selected station on train route, IRCTC shall not be liable to deliver the pre-ordered meal at any other station or in any other train other than as selected by the passenger.
- Customers must be present on the seat/berth as confirmed against the PNR on the selected train during the period of trains stationed at the selected Railway station. In case, customer is not present/seated on the seat/berth as confirmed against the PNR for the selected train, the customer shall be considered to be No-Show and IRCTC or the service provider shall not be liable for non-delivery of the pre-ordered meal during the stationary period of the train at selected Railway station as location of the customer cannot be determined otherwise and in such cases refund shall not be permissible.
- In case, the passenger has neither cancelled nor boarded the train, the IRCTC shall not be liable for non-delivery.
- IRCTC shall not be responsible for any delay in arrival/departure of the running train.
- All disputes are subject to the exclusive jurisdiction of the Delhi Courts.
2. Limitation of Liability
- IRCTC shall under no circumstances be liable for any indirect, special or consequential loss including but not limited to loss of profit, loss of contract, loss of revenue or loss of business, howsoever arising whether in contract, tort (including negligence) or statuary duty or otherwise.
- The aggregate liability of IRCTC, whether in contract, tort of including negligence or breach of statuary duty or otherwise to the customer for any loss or damage whether asserted by the Customer or third parties, of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the Charges paid by the Customer for the e-catering service.
- IRCTC shall under no circumstances be liable for any Customer failing to be present at the seat/berth during the period of the train being stationary at the selected station. Neither IRCTC nor any service provider with whom IRCTC has entered into an agreement for the provision of e-catering services has any obligation to inform train delays.
- IRCTC shall under no circumstances be liable for any customer failing to provide OTP for the delivery of pre-ordered meal.
- IRCTC shall under no circumstances be liable or responsible for the choice made by the customer for the particular meal item and it shall be solely at his own risk.
- All information, recommendations and advice given by or on behalf of IRCTC to the Customer regarding train details are given without liability on the part of IRCTC.
- The Customer shall fully indemnify and compensate IRCTC, its employees,sub-contractors and agents in respect of all actions, suits, claims, demands, costs, charges or expenses arising whether asserted by the Customer or third party out of or in connection with the provision of the e-catering service which are caused directly or indirectly thorough the act or omission, wilful misconduct or negligence of the Customer.
- In the event of any dispute arising amongst the Parties, the parties agree to use their best efforts to attempt to resolve all disputes in prompt, equitable and good faith. In the event the parties are unable to do so then such disputes or difference arising under any of these condition or in connection with this contract (except as to any matter the decision of arbitration as per the provisions of “the Arbitration Conciliation Act-1996”. The event shall be referred to the Sole arbitration of an officer or other person, nominated by Chairman and managing Director, IRCTC to be arbitrator however will not be one of those who have had one opportunity to deal with the matters to be which the contract relates or who in the course of their duties have expressed views on all or any of the matters under dispute of difference. The award of Arbitrator shall be final and binding on the parties to this contract. The venue of the arbitration shall be at New Delhi. The arbitration fee shall be shared between the arbitrator and IRCTC equally.
4. Force Majeure
- IRCTC shall not be liable to the Customer for any loss or damage caused to or suffered by the Customer as a direct or indirect result if the provision of the e-catering service by or on behalf of IRCTC being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of IRCTC.
The right power and remedies provided pursuant to these conditions are cumulative and do not exclude or affect any rights, powers and remedies provided by law. No delay in exercising, or no exercising IRCTC of any rights or remedies under these conditions shall operate as a waiver or lease of that right, power or remedy.
For any further queries please contact us by calling our 24-hour Customer care at 1323.
It is clarified that, by placing an order(s) through e-catering services, a customer unconditionally and fully accepts all above terms and conditions of e-catering services.