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We welcome all users to www.Visitindia2009.com and would like to share with you and make you aware about
our Terms and Conditions of Use. Any services provided by and on www.visitindia2009.com is subject to the following Terms and Conditions of use.By using this website it
is deemed that you have read, understood and
agreed to all the terms and conditions that follow below. You can book and buy the
products and services listed on www.visitindia2009.com
online or offline.
Our aim is to help
you find a tour that best suits your tastes & requirements to visit India. We can also customize a tour for you to visit India in the
Visit India Year 2009 and to enable you to book and buy travel products and services
conveniently through us. It is our endeavour that your travel experience to India
is a fulfilling one.
www.Visitindia2009.com is not the end travel product/ travel service
provider and hence is not directly responsible for the end delivery of the travel
products and services
being offered on the website. The final delivery of the product
/ service lies with the end service provider (ie. Airline, Hotel, Cruise Line,car
rental company etc.) and VisitIndia2009.com disclaims
all responsibility/ liability for the same.
Definitions:
Visit India 2009 ->
www.VisitIndia2009.com or visitindia2009.com the Website you are on
Travel Shastra ->
The parent company of the website www.Visitindia2009.com
Legal Entity -> A company / firm / individual/
person
Product / Service -> A travel related product /service
developed and sold by legal entities in the travel business and includes all travel
related service rendered / to be rendered. Example,Airline tickets, hotel rooms,tour packages, cruises,
cars etc.
User ->
Any person who accesses
the website for any purpose including but not limited to transactions/ information
/ browsing
Force Majeure Event ->
It means, in relation to any Party, any act, event or circumstance,
the cause of which is not of such Party's making nor within that
Party's
reasonable control, including (to the extent not of that Party's making nor
within that Party's reasonable control) Act of God, war, hostilities (whether
or not war has been declared) terrorist acts, acts of any civil or military authority,
government or regulatory direction or restriction, suspension or withdrawal of licenses or consents, riot, insurrection,
civil commotion, public demonstration, sabotage, acts of vandalism, fire, flood, earthquake, extreme weather conditions, epidemic, explosion, the order
of any court or governmental or regulatory authority,
disruption in
transportation or communication, breakage of or accidental damage to equipment,
any strike, lock-out, or other industrial trade
dispute (not involving solely the employees of that Party), structural
shift or subsidence, provided always that lack of funds shall not be
interpreted as a cause which is not a
Party's making nor within a party's reasonable control.
Transaction -> Booking and/or buying a product whether on-line
or off-line
AGREEMENT BETWEEN USER AND VISIT INDIA 2009 / TRAVEL SHASTRA
This agreement incorporates
the terms and conditions for Visit India 2009 / Travel Shastra to provide services to the User of this website ("the User") and any person(s)
availing services from
through this website www.VisitIndia2009.com
shall
be deemed to have read, understood and expressly accepted these terms and conditions,
which shall govern the desired transaction or provision of such services by Visit
India 2009 / Travel Shastra
for all
purposes, and shall be binding on the User. All rights and liabilities of the User
and/or Visit India 2009 / Travel Shastra
with respect to any services to be provided by
Visit India 2009 / Travel Shastra shall be restricted to the scope of this
agreement.
Visit India 2009 / Travel Shastra reserves the right,
in its sole discretion, to terminate the access to any or all Visit India 2009 /
Travel Shastra websites and the related
services or any portion thereof at any time, without notice.
RELATIONSHIP BETWEEN VISIT INDIA 2009 AND
TRAVEL SHASTRA
Visitindia2009.com is a group website of M/s Travel Shastra
a professional Travel company & Tour operator
based in New Delhi, India and
engaged in providing quality travel
related services and tours to India, within India & from India . Visit India
2009 aims at providing travel advice and travel fulfillment to all travelers and visitors
planning to visit India in 2009.
RIGHT TO CANCELLATION
The User expressly
undertakes to provide to Visit India 2009 / Travel Shastra 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 Visit India 2009 / Travel Shastra . In case Visit India 2009
/ Travel Shastra 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, Visit India 2009 / Travel Shastra
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, Visit India 2009 / Travel Shastra
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
Visit India 2009 / Travel Shastra
of
any such claim or liability and shall not hold Visit India 2009 / Travel Shastra responsible for any loss or damage arising
out of measures taken by Visit India 2009 / Travel Shastra
for safeguarding its own interest and that of its genuine customers.
VISIT INDIA 2009 / TRAVEL SHASTRA are responsible only for the transactions that are done by the
User through VISIT INDIA 2009 / TRAVEL SHASTRA.
VISIT INDIA 2009 / TRAVEL SHASTRA
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.
USER AGREEMENT
VISIT INDIA 2009 / TRAVEL SHASTRA are 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. VISIT INDIA 2009 / TRAVEL SHASTRA 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 VISIT INDIA 2009 / TRAVEL SHASTRA
and VISIT INDIA 2009 / TRAVEL SHASTRA are 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. VISIT INDIA 2009 / TRAVEL SHASTRA 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 VISIT INDIA
2009 / TRAVEL SHASTRA.
VISIT INDIA 2009 / TRAVEL SHASTRA hereby expressly disclaim any implied warranties imputed by the
laws of any jurisdiction. VISIT INDIA 2009
/ TRAVEL SHASTRA considers itself and
intends to be subject to the jurisdiction only of the courts of NCT of Delhi, 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 VISIT INDIA 2009 / TRAVEL SHASTRA
pages or otherwise use any of the
contents, pages, information or any other material contained on the VISIT INDIA 2009 / TRAVEL SHASTRA 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. VISIT INDIA 2009 / TRAVEL
SHASTRA may change the features or functionality
of the services at any time, in their sole discretion. VISIT INDIA 2009 / TRAVEL SHASTRA
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.
The information,
software, products, and services included in or available through the VISIT INDIA 2009 / TRAVEL SHASTRA websites may include inaccuracies or typographical errors.
Changes are/may be periodically made/added to the information herein. VISIT INDIA 2009 / TRAVEL SHASTRA may make improvements and/or changes in the VISIT INDIA 2009 / TRAVEL SHASTRA websites at any time without any notice to the User. Any advice
received except through an authorised representative of VISIT INDIA 2009 / TRAVEL SHASTRA
via the VISIT INDIA 2009 / TRAVEL SHASTRA websites should not be relied
upon for any decisions.
VISIT INDIA 2009 / TRAVEL SHASTRA at its sole discretion reserves the right not to accept any customer
order without assigning any reason thereof. Any contract to provide any service
by VISIT INDIA 2009 / TRAVEL SHASTRA
is not complete until full money towards the
service is received from the customer and accepted by VISIT INDIA 2009/TRAVEL SHASTRA.
User acknowledges
that VISIT INDIA 2009 / TRAVEL SHASTRA provides services with reasonable diligence
and care. It endeavors its best to ensure that User does not face any inconvenience.
However, the User agrees and accepts that in exceptional situations due to any technical
or other failure, services committed earlier may not be provided or may involve
substantial deficiency. In such cases, VISIT INDIA 2009 / TRAVEL SHASTRA 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 VISIT INDIA 2009 / TRAVEL SHASTRA against such non-provision
of services or deficiencies. Additional liabilities, if any, shall be borne by the
User.
Without prejudice
to whatever is stated above, the maximum liability on part of VISIT INDIA 2009 /
TRAVEL SHASTRA 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 consequential loss, damage
or additional expense whatsoever beyond the amount charged by VISIT INDIA 2009 /
TRAVEL SHASTRA for its services. In no event shall VISIT INDIA 2009 / TRAVEL SHASTRA
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 VISIT INDIA 2009 / TRAVEL SHASTRA website(s). Neither
shall VISIT INDIA 2009 / TRAVEL SHASTRA be responsible for the delay or inability
to use the VISIT INDIA 2009 / TRAVEL SHASTRA 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 VISIT INDIA 2009 / TRAVEL SHASTRA website(s),
or otherwise arising out of the use of the VISIT INDIA 2009 / TRAVEL SHASTRA 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 to their computer systems
or loss of data that results from the download of such material and/or data.
You expressly acknowledge
and agree that VISIT INDIA 2009 / TRAVEL SHASTRA and/or its suppliers shall not
be liable for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if VISIT INDIA 2009 / TRAVEL SHASTRA and/or
its suppliers have been advised of the possibility of such damages), resulting from the
failure of VISIT INDIA 2009 / TRAVEL SHASTRA and/or its suppliers
to perform
their obligations under this contract where such failure is due to a force majeure
event.
No advice or information, whether oral or written, which the User obtains from VISIT INDIA 2009 / TRAVEL SHASTRA
or through the services shall create any warranty not expressly made herein or in
the terms and conditions of the services. In case the User is not satisfied with
any services provided under this site or any portion of the VISIT INDIA 2009 / TRAVEL
SHASTRA website(s), or with any of these terms of use, their sole and exclusive
remedy is to discontinue using this site after notifying VISIT INDIA 2009 / TRAVEL
SHASTRA in writing.
The customer is aware that Visit India 2009 / Travel Shastra
provide various travel and travel related
services like hotel bookings, car rentals, holidays, cruises and tours would like
to learn about them, to enhance his / her travel experience.The customer hereby
specifically authorizes Visit India 2009 and Travel Shastra to contact the user
from time to time with offers on various
services offered by them through direct mailers, e-mailers, telephone calls, short
messaging services (SMS) or any other medium. In case that the customer chooses
not to be contacted, he / she can request to unsubscribe to such offers by emailing
us at
unsubscribe@travelshastra.com
INTELLECTUAL AND
PROPRIETARY RIGHTS
VISIT INDIA 2009
/ TRAVEL SHASTRA may provide the User with content 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
VISIT INDIA 2009 / TRAVEL SHASTRA or the owner of the respective trademark as the
case may be 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 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.
AMENDMENTS AND MODIFICATION
OF THE TERMS OF USE
VISIT INDIA 2009
/ TRAVEL SHASTRA reserve the right to change the terms, conditions, and notices
under which the VISIT INDIA 2009 / TRAVEL SHASTRA websites are offered, including
but not limited to the charges. The User is responsible for regularly reviewing
these terms and conditions
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
Unless otherwise
specified, the VISIT INDIA 2009 / TRAVEL SHASTRA websites 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 VISIT INDIA
2009 / TRAVEL SHASTRA website(s) without the express written approval from VISIT
INDIA 2009 / TRAVEL SHASTRA.
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 VISIT INDIA 2009 /
TRAVEL SHASTRA Websites or its partner websites, shall be deemed to constitute a
partnership between the User and VISIT INDIA 2009 / TRAVEL SHASTRA and no party
shall have any authority to bind or shall be deemed to be the agent of the other
in any way.
HEADINGS AND SUBHEADINGS
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 VISIT INDIA 2009 /
TRAVEL SHASTRA Websites or its partner websites or any provision hereof in any manner
whatsoever.
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.
INDEMNIFICATION
The User agrees
to indemnify, defend and hold harmless VISIT INDIA 2009 / TRAVEL SHASTRA 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 VISIT INDIA 2009 / TRAVEL SHASTRA
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.
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.
ENTIRE AGREEMENT
This agreement represents
the entire agreement between the parties subject to the right of VISIT INDIA 2009
/ TRAVEL SHASTRA to amend/delete/modify the contract under this agreement at any
given time
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