Agreement Between User and Jetsave India Tours Pvt. Ltd.
Click on the links below for details :
Applicability of the agreement:
User's responsibility of cognizance of this agreement
Third Party Account Information
Fees Payment
Confidentiality
Usage Of The Mobile Number Of The User By JITPL
Onus Of The User
Advertisers on JITPL or linked websites
Insurance
Force Majure Circumstances
Safety Of Data Downloaded
Feedback From Customer And Solicitation:
Proprietary Rights
VISA obligations of the User
Personal And Non-Commercial Use Limitation
Indemnification
Right To Refuse
Right To Cancellation By JITPL In Case Of Invalid Infromation
From User
Interpretation Number And Gender
Severability
Headings
Relationship
Updation Of The Information By JITPL
Modification Of These Terms Of Use
Jurisdiction
Responsibilities Of User Vis-À-Vis The Agreement
Applicability of the agreement:
This
agreement ("user agreement") incorporates the terms and conditions
for Jetsave India Tours Pvt. Ltd and its affiliate Companies ("JITPL")
to provide services to the person (s) ("the User") intending to
purchase or inquiring for any products and/ or services of JITPL by using
JITPL's websites or using any other customer interface channels of JITPL
which includes its sales persons, offices, call centers, advertisements,
information campaigns etc.
Both User and JITPL are individually referred as 'party' to the agreement
and collective referred to as 'parties'.
User's responsibility of cognizance of this agreement
The
Users availing services from JITPL shall be deemed to have read, understood
and expressly accepted the terms and conditions of this agreement, which
shall govern the desired transaction or provision of such services by JITPL
for all purposes, and shall be binding on the User. All rights and
liabilities of the User and/or JITPL with respect to any services to be
provided by JITPL shall be restricted to the scope of this agreement.
JITPL reserves the right, in its sole discretion, to terminate the access
to any or all JITPL websites or its other sales channels and the related
services or any portion thereof at any time, without notice, for general
maintenance or any reason what so ever.
In addition to this Agreement, there are certain terms of service (TOS)
specific to the services rendered/ products provided by JITPL like the air
tickets, MICE, bus, rail, holiday packages etc. Such TOS will be provided/
updated by JITPL which shall be deemed to be a part of this Agreement and in
the event of a conflict between such TOS and this Agreement, the terms of
this Agreement shall prevail. The User shall be required to read and accept
the relevant TOS for the service/ product availed by the User.
Additionally, the Service Provider itself may provide terms and guidelines
that govern particular features, offers or the operating rules and policies
applicable to each Service (for example, flights, hotel reservations,
packages, etc.). The User shall be responsible for ensuring compliance with
the terms and guidelines or operating rules and policies of the Service
Provider with whom the User elects to deal, including terms and conditions
set forth in a Service Providers' fare rules, contract of carriage or other
rules.
JITPL's Services are offered to the User conditioned on acceptance without
modification of all the terms, conditions and notices contained in this
Agreement and the TOS, as may be applicable from time to time. For the
removal of doubts, it is clarified that availing of the Services by the User
constitutes an acknowledgement and acceptance by the User of this Agreement
and the TOS. If the User does not agree with any part of such terms,
conditions and notices, the User must not avail JITPL's 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 other JITPL document, then these terms shall control.
Third Party Account Information
By
using the Account Access service in JITPL's websites, the User authorizes
JITPL and its agents to access third party sites, including that of Banks
and other payment gateways, designated by them or on their behalf for
retrieving requested information
While registering, the User will choose a password and is responsible for
maintaining the confidentiality of the password and the 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 JITPL
immediately in writing of any unauthorized use of their password or account
or any other breach of security. JITPL will not be liable for any loss that
may be incurred by the User as a result of unauthorized use of his password
or account, either with or without his knowledge. The User shall not use
anyone else's password at any time
Fees Payment
JITPL reserves the
right to charge listing fees for certain listings, as well as transaction
fees based on certain completed transactions using the services. JITPL
further reserves the right to alter any and all fees from time to time,
without notice.
The User shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of the services.
In case, there is a short charging by JITPL for listing, services or
transaction fee or any other fee or service because of any technical or
other reason, it reserves the right to deduct/charge/claim the balance
subsequent to the transaction at its own discretion.
In the rare possibilities of the reservation not getting confirmed for any
reason whatsoever, we will process the refund and intimate you of the same.
Jetsave India Tours is not under any obligation to make another booking in
lieu of or to compensate/ replace the unconfirmed one. All subsequent
further bookings will be treated as new transactions with no reference to
the earlier unconfirmed reservation.
The User shall request Jetsave India Tours for any refunds against the
unutilized or 'no show' air or hotel booking for any reasons within 90 days
from the date of departure for the air ticket and/or the date of check in
for the hotel booking. Any applicable refunds would accordingly be processed
as per the defined policies of Airlines, hotels and Jetsave India Tours as
the case may be. No refund would be payable for any requests made after the
expiry of 90 days as above and all unclaimed amounts for such unutilized or
no show air or hotel booking shall be deemed to have been
forfeited.
Confidentiality
Any information
which is specifically mentioned by JITPL as Confidential shall be maintained
confidentially by the user and shall not be disclosed unless as required by
law or to serve the purpose of this agreement and the obligations of both
the parties therein.
Usage Of The Mobile Number Of The User By JITPL
JITPL
may send booking confirmation & itinerary information & update the
customer on the booking status and any further itinerary information via SMS
(short messaging service) on the mobile number given by the customer at the
time of booking. The customer hereby unconditionally consents such
intimation via SMS by JITPL in accordance with the 'Do not disturb'
guidelines of Telecom Regulatory Authority of India (TRAI) or such other
authority in India and abroad.
Onus Of The User
JITPL is
responsible only for the transactions that are done by the User through
JITPL. JITPL will not be responsible for screening, censoring or otherwise
controlling transactions, 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 with respect
to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into
a binding contract and is not a person barred from availing the Services
under the laws of India or other applicable law.
Advertisers on JITPL or linked websites
JITPL
is not responsible for any errors, omissions or representations on any of
its pages or on any links or on any of the linked website pages. JITPL does
not endorse any advertiser on its web pages in any manner. The Users are
requested to verify the accuracy of all information on their own before
undertaking any reliance on such information.
The linked sites are not under the control of JITPL and JITPL 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. JITPL 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 JITPL.
Insurance
Unless explicitly
provided by JITPL in any specific service or deliverable, obtaining
sufficient insurance coverage is the obligation/option of the user and JITPL
doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by JITPL shall
be as per the terms and conditions of the insuring company. The User shall
contact the insurance company directly for any claims or disputes and JITPL
shall not provide any express or implied undertakings for acceptance of the
claims by the insurance company.
Force Majure Circumstances
The
user agrees that there can be exceptional circumstances where the service
operators like the airlines, hotels, the respective transportation providers
or concerns may be unable to honor the confirmed bookings due to various
reasons like climatic conditions, labor unrest, insolvency, business
exigencies, government decisions, operational and technical issues, route
and flight cancellations etc. If JITPL is informed in advance of such
situations where dishonor of bookings may happen, it will make its best
efforts to provide similar alternative to its customers or refund the
booking amount after reasonable service charges, if supported and refunded
by that respective service operators. The user agrees that JITPL being an
agent for facilitating the booking services shall not be responsible for any
such circumstances and the customers have to contact that service provider
directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in
JITPL, services committed earlier may not be provided or may involve
substantial modification. In such cases, JITPL shall refund the entire
amount received from the customer for availing such services minus the
applicable cancellation, refund or other charges, which shall completely
discharge any and all liabilities of JITPL against such non-provision of
services or deficiencies. Additional liabilities, if any, shall be borne by
the User.
JITPL shall not be liable for delays or inabilities in performance or
nonperformance in whole or in part of its obligations due to any causes that
are not due to its acts or omissions and are beyond its reasonable control,
such as acts of God, fire, strikes, embargo, acts of government, acts of
terrorism or other similar causes, problems at airlines, rails, buses,
hotels or transporters end. In such event, the user affected will be
promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on
part of JITPL arising under any circumstances, in respect of 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
others charges, as may be applicable. In no case the liability shall include
any loss, damage or additional expense whatsoever beyond the amount charged
by JITPL for its services.
In no event shall JITPL 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 JITPL website(s) or any other channel . Neither shall
JITPL be responsible for the delay or inability to use the JITPL websites or
related services, the provision of or failure to provide services, or for
any information, software, products, services and related graphics obtained
through the JITPL website(s), or otherwise arising out of the use of the
JITPL website(s), whether based on contract, tort, negligence, strict
liability or otherwise.
JITPL is not responsible for any errors, omissions or representations on
any of its pages or on any links or on any of the linked website pages.
Safety Of Data Downloaded
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
to their computer systems or loss of data that results from the download of
such material and/or data.
Nevertheless, JITPL will always make its best endeavors to ensure that the
content on its websites or other information channels are free of any virus
or such other malwares.
Feedback From Customer And Solicitation:
The
customer is aware that Jetsave India Tours provides various services like
hotel bookings, car rentals, holidays and would like to learn about them, to
enhance his / her travel experience.
The customer hereby specifically authorizes Jetsave India Tours to contact
the user with offers on various services offered by it through direct
mailers, e-mailers, telephone calls, short messaging services (SMS) or any
other medium, from time to time. In case that the customer chooses not to be
contacted, he / shall write to Jetsave India Tours for specific exclusion at
The customers are advised to read and understand the privacy policy of
JITPL on its website in accordance of which JITPL contacts, solicits the
user or shares the user's information.
Proprietary Rights
JITPL may
provide the User with contents such as sound, photographs, graphics, video
or other material contained in sponsor advertisements or information. This
material may be protected by copyrights, trademarks, or other intellectual
property rights and laws.
The User may use this material only as expressly authorized by JITPL and
shall not copy, transmit or create derivative works of such material without
express authorization.
The User acknowledges and agrees that he/she shall not upload post,
reproduce, or distribute any content on or through the Services that is
protected by copyright or other proprietary right of a third party, without
obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent
of the owner must contain the appropriate copyright or other proprietary
rights notice. The unauthorized submission or distribution of copyrighted or
other proprietary content is illegal and could subject the User to personal
liability or criminal prosecution.
VISA obligations of the User
The
travel bookings done by JITPL are subject to the applicable requirements of
Visa which are to be obtained by the individual traveller. JITPL is not
responsible for any issues, including inability to travel, arising out of
such Visa requirements and is also not liable to refund for the untraveled
bookings due to any such reason.
Personal And Non-Commercial Use Limitation
Unless
otherwise specified, the JITPL services are for the User's personal and non
- commercial use. The User may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the JITPL website(s) without the express written approval from JITPL.
Indemnification
The User
agrees to indemnify, defend and hold harmless JITPL and/or its affiliates,
their 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 JITPL
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.
The user shall be solely and exclusively liable for any breach of any
country specific rules and regulations or general code of conduct and JITPL
cannot be held responsible for the same.
Right To Refuse
JITPL at its
sole discretion reserves the right to not to accept any customer order
without assigning any reason thereof. Any contract to provide any service by
JITPL is not complete until full money towards the service is received from
the customer and accepted by JITPL.
Without prejudice to the other remedies available to JITPL under this
agreement, the TOS or under applicable law, JITPL may limit the user's
activity, or end the user's listing, warn other users of the user's actions,
immediately temporarily/indefinitely suspend or terminate the user's
registration, and/or refuse to provide the user with access to the website
if:
- The user is in breach of this agreement, the TOS and/or the
documents it incorporates by reference;
- JITPL is unable to verify or authenticate any information provided by
the user; or
- JITPL believes that the user's actions may infringe on any third
party rights or breach any applicable law or otherwise result in any
liability for the user, other users of the website and/or JITPL.
JITPL may at any time in its sole discretion reinstate suspended users.
Once the user have been indefinitely suspended the user shall not register
or attempt to register with JITPL or use the website in any manner
whatsoever until such time that the user is reinstated by JITPL.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS
or the documents it incorporates by reference, JITPL reserves the right to
recover any amounts due and owing by the user to JITPL and/or the service
provider and to take strict legal action as JITPL deems necessary.
Right To Cancellation By JITPL In Case Of Invalid
Infromation From User
The User expressly
undertakes to provide to JITPL only correct and valid information while
requesting for any services under this agreement, and not to make any
misrepresentation of facts at all. Any default on part of the User would
vitiate this agreement and shall disentitle the User from availing the
services from JITPL.
In case JITPL discovers or has reasons to believe at any time during or
after receiving a request for services from the User that the request for
services is either unauthorized or the information provided by the User or
any of them is not correct or that any fact has been misrepresented by him,
JITPL in its sole discretion shall have the unrestricted right to take any
steps against the User(s), including cancellation of the bookings, etc.
without any prior intimation to the User. In such an event, JITPL shall not
be responsible or liable for any loss or damage that may be caused to the
User or any of them as a consequence of such cancellation of booking or
services.
The User unequivocally indemnifies JITPL of any such claim or liability and
shall not hold JITPL responsible for any loss or damage arising out of
measures taken by JITPL for safeguarding its own interest and that of its
genuine customers. This would also include JITPL denying/cancelling any
bookings on account of suspected fraud transactions.
Interpretation Number And Gender
The
terms and conditions herein shall apply equally to both the singular and
plural form of the terms defined. Whenever the context may require, any
pronoun shall include the corresponding masculine, feminine and neuter form.
The words "include", "includes" and "including"
shall be deemed to be followed by the phrase "without limitation".
Unless the context otherwise requires, the terms "herein", "hereof",
"hereto", 'hereunder" and words of similar import refer to
this agreement as a whole.
Severability
If any provision
of this agreement is determined to be invalid or unenforceable in whole or
in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision
and all other provisions of this Agreement shall continue to be in full
force and effect.
Headings
The headings and
subheadings herein are included for convenience and identification only and
are not intended to describe, interpret, define or limit the scope, extent
or intent of this agreement, terms and conditions, notices, or the right to
use this website by the User contained herein or any other section or pages
of JITPL Websites or its partner websites or any provision hereof in any
manner whatsoever.
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 JITPL website, then these terms shall
control.
Relationship
None of the
provisions of any agreement, terms and conditions, notices, or the right to
use this website by the User contained herein or any other section or pages
of JITPL Websites or its partner websites, shall be deemed to constitute a
partnership between the User and JITPL and no party shall have any authority
to bind or shall be deemed to be the agent of the other in any way.
Updation Of The Information By JITPL
User
acknowledges that JITPL provides services with reasonable diligence and
care. It endeavors its best to ensure that User does not face any
inconvenience. However, at some times, the information, software, products,
and services included in or available through the JITPL websites or other
sales channels and ad materials may include inaccuracies or typographical
errors which will be immediately corrected as soon as JITPL notices them.
Changes are/may be periodically made/added to the information provided such.
JITPL may make improvements and/or changes in the JITPL websites at any time
without any notice to the User. Any advice received except through an
authorized representative of JITPL via the JITPL websites should not be
relied upon for any decisions.
Modification Of These Terms Of Use
JITPL
reserves the right to change the terms, conditions, and notices under which
the JITPL websites are offered, including but not limited to the charges.
The User is responsible for regularly reviewing these terms and conditions.
Jurisdiction
JITPL hereby
expressly disclaims any implied warranties imputed by the laws of any
jurisdiction or country other than those where it is operating its offices.
JITPL considers itself and intends to be subject to the jurisdiction only of
the courts of NCR of Delhi, India.
Responsibilities Of User Vis-À-Vis The Agreement
The
User expressly agrees that use of the services is at their sole risk. To the
extent JITPL acts only as a booking agent on behalf of third party service
providers, it shall not have any liability whatsoever for any aspect of the
standards of services provided by the service providers. In no circumstances
shall JITPL be liable for the services provided by the service provider. The
services are provided on an "as is" and "as available"
basis. JITPL may change the features or functionality of the services at any
time, in their sole discretion, without notice. JITPL expressly disclaims
all warranties of any kind, whether express or implied, including, but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. No advice or information, whether
oral or written, which the User obtains from JITPL or through the services
shall create any warranty not expressly made herein or in the terms and
conditions of the services. If the User does not agree with any of the terms
above, they are advised not to read the material on any of the JITPL pages
or otherwise use any of the contents, pages, information or any other
material provided by JITPL. The sole and exclusive remedy of the User in
case of disagreement, in whole or in part, of the user agreement, is to
discontinue using the services after notifying JITPL in writing.