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Terms and Conditions |
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Agreement between User and Travelguru.com |
Effective October 15, 2005, the Travelguru website(s) are offered to you on the condition that you accept without modification the terms, conditions, and notices contained herein. Your use of the Travelguru website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the terms, conditions and notices mentioned below, you must not use the services of Travelguru.
Additionally, the Travelguru website may contain terms pertaining to particular features or offers (for example, flights, hotels, packages etc.) In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within Travelguru website, then these terms shall prevail. |
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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. |
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- "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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User Account Information |
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While registering for My Account, the user will choose a password and is responsible for maintaining the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify Travelguru immediately of any unauthorized use of their password or account or any other breach of security. Travelguru will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge. |
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Use of Travelguru services |
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The Travelguru websites may contain services such as email, information related to various tourist spots, personal web pages, and/or other messages. You agree to use the services only to post, send and receive messages and material that are proper and related to the particular service. By way of example, and not as a limitation, you agree that when using a service, you will not: |
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- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless specifically allowed.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular service.
- The user should take particular care while disclosing any identifying information in any service, which may be identifiable.
- Violate any applicable laws or regulations for the time being in force in or outside India.
- Violate any of the terms and conditions of the user agreement or any other terms and conditions for the use of Travelguru websites contained elsewhere herein.
- Frame, Link, mirror, scrape, spider or data mine the Website or authorize, instruct, hire, employ, or otherwise cause anyone to Frame, Link, mirror, scrape, spider or data mine the Website.
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Minors (as defined under the laws of jurisdiction or residence) are not eligible to register for use, or purchase products and services available on Travelguru. We do not knowingly collect personal information from any minor and would not use it if it is discovered that it has been provided by a minor.
Travelguru has no obligation to monitor the services. However, Travelguru reserves the right to review materials posted and to remove any materials in its sole discretion. Travelguru reserves the right to terminate the users access to any or all of the services at any time without notice or any reason whatsoever.
Travelguru reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Travelguru’s sole discretion.
Travelguru does not control or endorse the content, messages or information found in any service and, therefore, specifically disclaims any liability or responsibility whatsoever with regard to the services and any actions resulting from the users participation in any service.
Materials uploaded to a service may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.
Travelguru also reserves the right, in its sole discretion, to terminate the access to any or all Travelguru websites and related services or any portion thereof at any time, without notice. |
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Privacy and Security |
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The user hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Travelguru contained in Travelguru websites and he hereby consents that the terms and contents of such Privacy Policy are acceptable to him. |
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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
Although Travelguru makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Travelguru does not own or operate airlines and other suppliers and cannot therefore control or prevent changes in the published descriptions. Travelguru, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.
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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The Travelguru websites may contain links to other websites. The linked sites are not under the control of Travelguru and hence, Travelguru is not responsible for the content of any linked site, or any changes and updates to a linked site. Travelguru is providing these links to you only as a convenience, and the inclusion of any link does not entail endorsement by us of the site or any association with its operators or owners
- Inbound Links
We welcome links from a third party
site to the home page of our Site, through a plain text
link, provided that |
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- 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.
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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.
- Liability of Travelguru
Since Travelguru acts only as a booking agent, it accepts no liability whatsoever for any part of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances shall Travelguru be liable for the services provided by the supplier/third party. |
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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 reserves the right to charge transaction fees based on certain completed transactions using its services. The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services. Travelguru further reserves the right to alter any and all fees from time to time, without notice. |
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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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The user agrees to indemnify, defend and hold harmless Travelguru and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Travelguru and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. |
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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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User Agreement |
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Travelguru is not responsible for any errors, omissions or descriptions on any of its pages or on any links or on any of the linked website pages. The users are requested to verify the accuracy of all information before undertaking any reliance on such information.
The linked sites are not under the control of Travelguru and Travelguru is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Travelguru is providing these links to the users only as a convenience, and the inclusion of any link does not imply endorsement of the site by Travelguru.
In case of any dispute between user and Travelguru pertaining to 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 and 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
If the user does not agree with any of the disclaimers above, they are advised not to read the material on any of the Travelguru pages or otherwise use any of the contents, pages, information or any other material contained on the Travelguru websites. The user expressly agrees that use of the services is at their sole risk. The services are provided on an "as is" and "as available" basis. Travelguru holds the sole discretion to change the features or functionality of the services at any time.
The information, software, products, and services included in or available through the Travelguru websites may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. Travelguru may make improvements and/or changes in the Travelguru websites at any time without any notice to the user. Any advice received except through an authorised representative of Travelguru via the Travelguru websites should not be relied upon for any assessments.
The maximum liability on part of Travelguru arising under any circumstances, with respect to any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or other charges, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever.
In no event shall Travelguru and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Travelguru website(s). Neither shall Travelguru be responsible for the delay or inability to use the Travelguru websites or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Travelguru website(s), or otherwise arising out of the use of the Travelguru website(s), whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done entirely at their own discretion and risk and they will be solely responsible for any damage that results from the download of such material and/or data. |
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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 of Terms of Use
Travelguru has the right to change the terms, conditions and notices under which the Travelguru websites are offered, including but not limited to the charges associated with the use of the Travelguru website. We request you to regularly review these terms and conditions. Travelguru has endeavored to ensure that all the information on the Travelguru website is correct, but Travelguru neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Travelguru disclaims any liability, responsibility or any other claim, whatsoever, with respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in Travelguru websites.
- 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.
Travelguru is responsible only for the transactions that are done by the user through Travelguru. Travelguru will not be responsible controlling transactions in any way, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will comply with all applicable laws and regulations regarding use of the services.
In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Travelguru website, then these terms shall prevail. |
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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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