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Effective
October 15, 2005 |
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Welcome
to Travelguru! Please read these Terms and Conditions
of use carefully before using or obtaining any content,
products, or services through our websites.
Access to and use of these websites is subject to acceptance
of the terms and conditions below ("Terms"),
which include our Privacy Policy. By accessing, using
or obtaining any content, products, or services through
these websites, you agree to be bound by these terms.
If you do not accept all of these terms, then please do
not use these websites.
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Definitions |
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In this document, terms that commence with a capital
letter are defined in this Section or in the preamble.
- "Content" means the text, documents, information,
data, articles, images, photographs, graphics, software,
applications, video recordings, audio recordings,
sounds, designs, features, and other materials that
are available on the Site.
- "Content" also includes Marks and Products
and Services.
- "Mark" means trademark, trade name, service
mark, trade dress, logo, custom graphics, or icon.
- "Member" means an individual who has
registered with the Site. Members choose a Member
ID and a password.
- "Member ID" means the e-mail address
you use (with your password) to login to our Site.
- "Travelguru" or "we" means
Travelguru, and its subsidiaries and affiliates.
"Products and Services" means the airline
travel, hotel accommodation, car rental , ground transportation,
tours, theater tickets, attractions, travel insurance,
care alerts, fare alerts and other items available
through the Site.
- "Provider" means Travelguru's licensors,
suppliers, information providers, and travel and leisure
service providers.
- "Purchase" means to book, reserve, or
purchase.
The terms "Site", "Marks", "Content"
and "Products and Services" do not include
the sites, marks, content, products or services that
are provided by third parties, and that are available
through a link from the Site. Their use is subject
to the terms set forth by their respective owners
or operations, on the third party's website.
- "Site" means the www.travelguru.com website
and/or the www.travelguru.co.in website, and their
respective subsites, together with the respective
Content, Marks, Products and Services available from
these sites and subsites.
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Scope and Terms |
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Site
These Terms govern your use of all Content, Products
or Services available through the Site. You agree to
be bound by these Terms, and to use the Site in strict
compliance with all applicable laws, rulings and regulations,
and in a manner that does not negatively reflect on
the goodwill or reputation of Travelguru and its Providers.
Additional Terms
Additional terms may apply when you Purchase Products
or Services, or when you participate in sweepstakes,
raffle, or other promotions. For example, airlines have
contracts of carriage, hotels have cancellation policies,
and sweepstakes are subject to rules. These additional
terms are found in the area of the Site where you will
Purchase a Product or Service, or where you will register
for a sweepstakes.
You agree to abide by the terms and conditions
imposed by any Provider, including payment of all amounts
when due, and compliance with all rules and restrictions
regarding the availability of products or services.
Age restriction
Minors (as defined under the laws of their jurisdiction
or residence) are not eligible to register for, use
or Purchase the Products or Services available on the
Site.
Responsible party
You are responsible for maintaining the secrecy of your
Member ID and password. This is essential to protect
the confidentiality of any information that may be stored
in My Account and My Trips folder. In addition, you
will be financially accountable for all use of our Site
by you and anyone using your password and login information. |
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Use of the Site |
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License
Travelguru grants you a limited, personal, nontransferable,
non-sublicensable, revocable license to access and use
the Site only as expressly permitted in these Terms.
Except for this limited license, we do not grant you
any other rights or license with respect to this Site;
any rights or license not expressly granted herein are
reserved.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of
any portion of the Content. If you do so, you may not
modify the Content in any way. Except as provided above,
you may not
copy, reproduce, upload, post, display, republish,
distribute, transmit, any part of the Content in any
form whatsoever;
Use a frame or border environment around the Site, or
other framing technique to enclose any portion or aspect
of the Site, or mirror or replicate any portion of the
Site;
Modify, translate into any language or computer language,
or create derivative works from, any Content or any
part of this Site;
Reverse engineer any part of this Site; or
Sell, offer for sale, transfer, or license any portion
of the Site in any form to any third parties.
Other Limitations
Unless otherwise provided within these Terms, or unless
specific applicable law requires Travelguru to allow
you to do so, you may not do any of the following without
the prior written consent of Travelguru:
Use any robot, spider, other automatic device, or manual
process to monitor Content;
Use the Site other than to make legitimate reservations
or purchases;
Use the Site to make any false, fraudulent or speculative
reservation, or any reservation in anticipation of demand;
Imply in any fashion that Travelguru is endorsing your
products or services;
Place false or misleading information on the Site,
Post or transmit any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise
violate any law; or for any other purpose that is unlawful
or prohibited by these Terms.
Use or access the Site in any way that, in our reasonable
judgment, adversely affects the performance or function
of the Site, or any other computer systems or networks
used by Travelguru, other Site users or members;
Upload or transmit to the Site or use any device, software
or routine that contains viruses, Trojan horses, worms,
time bombs, or other computer programming routines that
may damage, interfere or attempt to interfere with,
intercept, the normal operation of our Site, or appropriate
the Site or any system, or take any action that imposes
an unreasonable load on our computer equipment, or that
infringes upon the rights of a third party;
Use any device, software, or routine that interferes,
or attempts to interfere, with the normal operation
of our site, or take any action that impose an unreasonable
load on our equipment; or
Disguise the origin of the information transmitted through
the Site.
Member ID and Password
Access to certain areas of the Site is only available
to registered members. To become a registered Member,
you are required to answer a limited number of mandatory
questions. Answers to additional questions are optional.
You represent and warrant that all information you supply
to us, about yourself, and others, is true and accurate.
Termination
Travelguru, in its sole discretion, may, at any time
and without advance notice or liability, terminate or
restrict your access to all or any component of our
Site, even if access continues to be allowed to others.
Upon such termination or suspension, you must immediately
discontinue use of the Site, and destroy any copy you
have made of any portion of the Site. Accessing the
Site after such termination, suspension, or discontinuation
shall constitute an act of trespass. Travelguru shall
not be responsible to you to such suspension or termination.
Changes
Any aspect of the Site may be changed, supplemented,
deleted, updated, discontinued, suspended, or modified
at any time, and without prior notice to you. However,
we make no commitment to update the information contained
on this Site. You agree that Travelguru shall not be
liable to you for any delay or other damages that might
result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for
certain services, or establish or change general practices
and limits concerning certain services.
We may also modify these Terms, as provided in Modifications. |
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Privacy and Security |
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Your use of the Site is subject to our Privacy Policy.
You agree that you have read our Privacy Policy, and
it is reasonable and acceptable to you. Your acceptance
of these Terms is also your consent to the information
practices in our Privacy Policy. |
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Services and Content |
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Availability
We will use our reasonable commercial efforts to keep
our Site available on a 24-hour/7-day-a- week basis,
subject to necessary scheduled downtime for maintenance,
unscheduled maintenance, and system outages. We cannot
promise that access to the Site will be uninterrupted
or available at all times. We assume no liability or
responsibility for any delay, interruption, or downtime.
Content
The Content is intended for information purposes only.
Although we exercise reasonable efforts to ensure their
quality and accuracy, there might be errors, or the
information provided may not be complete, current, or
applicable to your particular situation. Further, information
provided regarding the service, amenities, products,
etc. have been provided to us by the vendor. We assume
no liability or responsibility for any errors or omissions.
You are responsible for evaluating the accuracy, completeness,
and usefulness of any opinion, advice, or other content
available through the Site or obtained from a linked
site.
You should not take any action based on information
on this Site until you have received a confirmation
of your transaction. We send confirmations within 24
hours of your Purchase. If you have not received a confirmation
of your purchase via e-mail, first look into your "spam"
or "junk" folder to verify that it has not
been misdirected, and if still not found, please contact
our customer service department. The Contact Information
is provided on our customer service page.
Viruses
We make reasonable attempts to exclude viruses from
the Site, but cannot ensure that the Site will be at
all times free from viruses or other destructive software.
You are urged to take appropriate safeguards before
downloading information from the Site. We assume no
responsibility for any damages to computer equipment
or other property that may result from use of the Site
or downloading anything from the Site.
International Travel
Although most travel, including travel to international
destinations is completed without incident, travel to
certain destinations may involve greater risks than
others. We urge you to review and evaluate travel prohibitions,
warning, announcements, and advisories issued by the
government and the aviation administration before booking
travel to international destinations.
By offering for sale travel to particular international
destinations, Travelguru does not represent or warrant
that travel to such point is advisable or without risk.
Travelguru does not accept liability for damages, losses,
or delays that may result from improper documents for
entry, exit, length of stay, or from travel to such
destinations. |
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Links to third party sites |
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Outbound Links
For your convenience, our Site provides links to other
sites. When you click on one of these links, you are
leaving our site and entering another site. We are not
responsible for such third party websites.
You should carefully review the terms and conditions
of use of these sites, because these terms will apply
to your visit to these other sites.
Inbound Links
We welcome links from a third party site to the home
page of our Site, through a plain text link, provided
that
- You give Travelguru prior written notice of such
link by contacting Travelguru Customer Service, to
request Travelguru's permission to establish the link.
- You discontinue providing a link to our Site if
so requested by Travelguru.
- You do not imply in any fashion that Travelguru
is endorsing any of your products or service or is
affiliated with you.
- You do not present Travelguru in a false light,
or provide misleading or false information about Travelguru,
or its Site or Services
- You do not remove or obscure the copyright notices,
or other notices on this Site
- You do not use any Mark of Travelguru; and
- You do not replicate, frame or mirror the content
of the Site.
We reserve the right to require you to remove links
to the Site, in our sole discretion. Linking to any
page of the Site other than to the homepage is strictly
prohibited in the absence of a separate linking agreement
with Travelguru. |
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Intellectual Property |
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Ownership Rights
This Site is the sole and exclusive property of Travelguru
or its licensors. Travelguru and its licensors retain
all right, title and interest (including all copyright,
trademark, patent, trade secrets, and all other intellectual
property rights) in the Site. The Site is protected
by copyright, trademark, patent, trade secrets, unfair
competition, and other laws of worldwide, through the
application of local laws or international treaties.
Any unauthorized use, reproduction or modification of
this Site may violate such laws.
Trademarks
TRAVELGURU and all other Marks that appear, are displayed,
or used on the Site are registered or common law trademarks
or service marks of Travelguru and its Providers. These
Marks may not be copied, downloaded, reproduced, used,
modified, or distributed in any way without prior written
permission from Travelguru or the relevant Provider,
except as an integral party of any authorized copy of
the Content.
Your Comments and Submissions
Any communications or materials you transmit to Travelguru,
through the Site, by electronic mail or otherwise, including
any data, question, comments, rating of a property or
attraction, suggestion, idea, or the like ("Communications
or Materials") will be treated as non-confidential
and non-proprietary. By voluntarily submitting to us,
or by posting on the Site any Communications or Materials,
you grant Travelguru, and all users of the Site, a worldwide,
non-exclusive, royalty free, perpetual, irrevocable,
and fully sub-licensable license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from distribute, and display such Communications
or Materials in any form, media or technology. We assume
no responsibility for any Communications or Materials
posted or submitted, or for the return or such Communications
or Materials. We want your feedback and appreciate your
ideas and suggestions, but we are unable to answer every
comment individually. |
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Fees |
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Travelguru may charge a fee or commission for the service
it provides when you purchase, book or reserve travel
services, or accommodations through the Site. Any such
service fee is non-refundable. In addition, you will
be responsible for all charges, fees, duties, taxes,
and assessment arising out of your use of the Products
and Services available from the Site. |
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Disclaimer of Warranty |
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Travelguru and its Providers make no warranty of any
kind regarding the Site, Content, Products or Services,
all of which are provided on an "as is" basis.
Travelguru and its Providers expressly disclaim any
representation or warranty that the Site will be free
from errors, viruses or other harmful components, that
communications to or from the Site will be secure and
not intercepted, that the Services and other capabilities
offered from the Site will be uninterrupted, or that
its Content will be accurate, complete or timely. The
fact that Travelguru is including or offering any Product
or Service on the Site is not an endorsement or a recommendation
of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE
TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION, TRAVELGURU
AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE
OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. |
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Limitation of Liability |
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Subject to applicable law, use of this Site and its
Content is at your sole risk. Services and Products
made available on this Site are subject to conditions
imposed by the Providers, including but not limited
to tariffs, conditions of carriage, international conventions
and arrangements, and federal government regulations.
Providers who furnish products or services through this
Site are independent contractors, and not agents or
employees of Travelguru. IN NO EVENT WILL TRAVELGURU
OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE
ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS
OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES
OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT
LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR
IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING
OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II)
ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE
USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE
FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE
OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, EVEN IF TRAVELGURU
AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, Travelguru or a Provider
is found liable for any loss or damage which arises
out of or is in any way connected with any of the occurrences
described in the limitation above, then Travelguru and
the Providers' liability will in no event exceed, in
total, the sum of Rs.5,000. |
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Indemnification |
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You agree to defend and indemnify Travelguru and any
Provider, and each of their respective officers, directors,
employees and agents from and against any claim, cause
of action or demand, including without limitation reasonable
legal and accounting fees, in excess of the liability
described above, in any action filed or commenced by
any third party against Travelguru as a result of (1)
your breach of these Terms or the documents made part
of these Terms by reference, (2) your violation of any
law or the rights of a third party or (3) your use of
our Site. |
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Travel Services Terms and Conditions |
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Reservations, bookings, and
purchases
You agree to abide by the terms and conditions of purchase
imposed by any supplier with whom you elect to deal.
A supplier that is an air carrier is required to make
available to the public the terms of its contract of
carriage, and we make available the fare rules for all
air carrier tickets before purchase.
The circumvention of an air carrier's rules, including
practices such as back-to-back ticketing (purchasing
two or more tickets with overlapping travel dates in
order to circumvent minimum stay requirements) and hidden-city
ticketing (purchasing tickets including segments which
the purchaser does not intend to use in order to circumvent
an air carrier's pricing structure), is prohibited by
many air carriers. The use of prohibited ticketing practices
may result in the air carrier taking actions including
the cancellation of the ticket, denied boarding, revocation
of frequent flier miles and other benefits, additional
charges to the purchaser's credit card, additional charges
collected at the airport, or future invoicing.
You are responsible for ensuring that your purchases
abide by the terms and conditions of purchase imposed
by any supplier with whom you elect to deal, including
terms and conditions of purchase set forth in an air
carrier's fare rules or contract of carriage. |
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Disputes |
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If any dispute arises between you and Travelguru during
your use of the Site or thereafter, in connection with
the validity, interpretation, implementation or alleged
breach of any provision of the Terms and Conditions,
the dispute shall be referred to a sole Arbitrator who
shall be an independent and neutral third party identified
by Travelguru. The place of arbitration shall be Mumbai.
The arbitration proceedings shall be in the English
language.
The Terms and Conditions shall be governed and construed
in accordance with the laws of India. |
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General |
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Your acceptance of these Terms, and your use of the
Site do not create a joint venture, partnership, employment,
or agency relationship with us. You may not assign,
delegate, or transfer your rights or obligations under
these Terms. If we fail to act with respect to your
breach or anyone else's breach on any occasion, we are
not waiving our right to act with respect to future
or similar breaches. If a court finds any of these Terms
to be unenforceable or invalid, that Term will be enforced
to the fullest extent permitted by applicable law and
the other Terms will remain valid and enforceable. The
headings in these Terms are for your convenience and
reference; they do not limit or affect these Terms.
These Terms, together with those items made a part of
these terms by reference, make up the entire agreement
between us relating to your use of our site, and replaces
any prior understandings or agreements (whether oral
or written) regarding your use of our site. |
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Provisions of these Terms and Conditions |
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Prior Terms and Conditions
These Terms supersede any prior Travelguru Terms and
Conditions relating to the use of the Site that were
displayed on this Site before the date stated above.
Unless specifically provided, they do not supersede
the Additional Terms for carriage, awards, attractions
provided elsewhere in this Site.
Modifications
We may modify, revise or update these Terms and/'or
the Privacy Policy, at any time, by updating this posting.
You should visit this page from time to time to review
the then-current Terms, because they are binding on
you. Your continued use of our site, following the posting
of conspicuous notice of any modification, will be subject
to the Terms in effect at the time of your use. Certain
provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular
pages of this Site.
Written documents
You may preserve these Terms in written form by printing
them for your records, and you waive any other requirement
that these Terms be evidenced by a written document.
Electronic Notification
To the extent that we may need to contact you, you agree
that we may do so via any electronic means, included
but not limited to communication posted on the Site,
electronic mail, or instant messaging. |
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Contact Information |
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If you have any questions or concerns about these Terms
or if you need further assistance with respect to access
to or use of the Site or the services offered by Travelguru,
you may contact our Customer Service department, the
information of which is provider in the customer service
section of the Site. |
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