Indemnification
These Indemnification terms form part of the Terms of Use of Kishreeja LLC, doing business as Travellios. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Travellios, Kishreeja LLC, and their respective owners, members, officers, directors, employees, contractors, agents, affiliates, vendors, and representatives (collectively, the “Travellios Parties”) from and against any claims, demands, actions, proceedings, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and legal expenses, arising out of or relating to:
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1. Violation of Terms
Your violation of the Terms of Use, the Service Taker Terms, Service Provider Terms, Privacy Policy, Cancellation and Refund Policy, or any other applicable Travellios policy or agreement.
2. False or Misleading Information
Any inaccurate, incomplete, misleading, or fraudulent information that you provide to Travellios or another user, including information relating to your identity, travel, booking, profile, eligibility, or service requirements.
3. Your Conduct
Your negligence, willful misconduct, or failure to comply with applicable laws, regulations, airline requirements, airport requirements, or other applicable rules.
4. Service Provider Activities
If you are a Service Provider, any claim arising from your failure to provide the agreed service, cancellation, no-show, misconduct, negligence, unauthorized conduct, or violation of your responsibilities as a Service Provider.
5. Service Taker Activities
If you are a Service Taker, any claim arising from your conduct, misuse of the service, failure to follow the Journey Contract, violation of airline or airport requirements, or conduct that causes loss, damage, injury, or a claim against Travellios or another person.
6. Personal Property and Prohibited Items
Any claim arising from your baggage, personal belongings, prohibited items, or any item that you carry, receive, transport, hand over, or otherwise possess in connection with a journey.
7. Third-Party Claims
Any claim by another person or entity arising from your breach of these Terms, violation of law, negligence, or willful misconduct.
Indemnification Process
Travellios will provide you with reasonable notice of any claim for which indemnification is being sought, to the extent permitted by applicable law. Travellios may participate in the defense of the claim with counsel of its choice at its own expense, unless Travellios assumes the defense under the next paragraph.
You may not settle or resolve any claim in a manner that imposes liability, an admission of wrongdoing, or any obligation on a Travellios Party without Travellios’ prior written consent. Travellios will not settle a claim in a way that admits fault on your behalf or requires a payment from you without your consent.
Travellios reserves the right to assume exclusive control and defense of any matter subject to indemnification. If Travellios assumes the defense, you agree to reasonably cooperate with Travellios in connection with the defense. You remain responsible for the reasonable costs of that defense.
Exceptions
Your indemnification obligations do not apply to the extent that a claim results from the gross negligence or willful misconduct of a Travellios Party, as determined by the arbitrator or court that decides the claim.
Survival
Your obligations under this Indemnification provision will survive the termination or expiration of your account, these Terms, or your use of the Travellios services to the extent necessary to address claims arising from events occurring before termination or expiration.
No Limitation on Other Rights
This Indemnification provision is in addition to, and does not limit, any other rights or remedies available to Travellios under these Terms, applicable law, or any other agreement between you and Travellios.