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visit India 2009.com website TERMS & CONDITIONS  OF USE

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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