1- Agreements Applicability -This agreement incorporates the terms and conditions for Trip2Horizon and its channel partners(Trip2Horizon) to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of Trip2Horizon by using Trip2Horizon website or using any other customer interface channels of Trip2Horizon which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
2- User’s Responsibility- The Users who are availing the services from Trip2Horizon 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 Trip2Horizon for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Trip2Horizon with respect to any services to be provided by Trip2Horizon.com shall be restricted to the scope of this agreement.
Trip2Horizon reserves the right, in its sole discretion, to terminate the access to any or all Trip2Horizon 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 Trip2Horizon like the air tickets, MICE, bus, holiday packages, online recharge etc. Such terms of service will be provided/ updated by Trip2Horizon which shall be deemed to be a part of this Agreement and in the event of a conflict between such terms of service 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.
In addition to this, 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.
Trip2Horizon Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the terms of service, 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 Trip2Horizon 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 Trip2Horizon document, then these terms shall control.
3- Fee Payment- Trip2Horizon reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Trip2Horizon 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 Trip2Horizon 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 any rare case, if the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Trip2Horizon 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 Trip2Horizon 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 Trip2Horizon 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 air or hotel booking shall be deemed to have been forfeited.
4- Third Party Account Information -By using the Account Access service in Trip2Horizon websites, the User authorizes Trip2Horizon 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 Trip2Horizon immediately in writing of any unauthorized use of their password or account or any other breach of security. Trip2Horizon 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.
5- Usage Of The Mobile Number Of The User By -Trip2Horizon may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; Trip2Horizon may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Trip2Horizon is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Trip2Horizon against all types of losses and damages incurred by Trip2Horizon due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Trip2Horizon with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
6- Onus Of The User- Trip2Horizon is responsible only for the transactions that are done by the User through Trip2Horizon. Trip2Horizon is not 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.
7- Confidentiality- Any information which is specifically mentioned by Trip2Horizon 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.
8- Advertisers on Trip2Horizon or linked websites- Trip2Horizon 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. Trip2Horizon 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 Trip2Horizon and Trip2Horizon 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. Trip2Horizon 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 Trip2Horizon.
9- General Provisions- You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences. Trip2Horizon requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations. By offering for sale travel to particular international destinations, Trip2Horizon does not represent or warrant that travel to such point is advisable or without risk. Trip2Horizon 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. Trip2Horizon, Trip2Horizon Affiliates and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any air carriers, hotels or other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Trip2Horizon, Trip2Horizon Affiliates and their respective suppliers have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re–routing or acts of any government or authority. Trip2Horizon reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Trip2Horizon shall have no obligation to take the needs of any User into consideration in connection therewith. Trip2Horizon reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third–party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in Trip2Horizon debiting your account for any costs we incur as a result of such violation. No waiver by Trip2Horizon of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative. If any dispute arises between you and Trip2Horizon during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language. The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Meerut,Uttar Pradesh, India.
10- Natural & Force 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 Trip2Horizon 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 Trip2Horizon 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 Trip2Horizon, services committed earlier may not be provided or may involve substantial modification. In such cases, Trip2Horizon 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 Trip2Horizon against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User. Trip2Horizon 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 Trip2Horizon 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 Trip2Horizon for its services. In no event shall Trip2Horizon 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 Trip2Horizon website(s) or any other channel . Neither shall Trip2Horizon be responsible for the delay or inability to use the Trip2Horizon 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 Trip2Horizon website(s), or otherwise arising out of the use of the Trip2Horizon website(s), whether based on contract, tort, negligence, strict liability or otherwise. Trip2Horizon 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.
11- 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, Trip2Horizon 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.
13- Proprietary Rights -Trip2Horizon 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 Trip2Horizon 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.
14- VISA obligations of the User- The travel bookings done by Trip2Horizon are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. Trip2Horizon 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.
15- Personal And Non-Commercial Use Limitation - Unless otherwise specified, the Trip2Horizon 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 Trip2Horizon website(s) without the express written approval from Trip2Horizon.
16- Indemnification - The User agrees to indemnify, defend and hold harmless Trip2Horizon 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 Trip2Horizon 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 Trip2Horizon cannot be held responsible for the same.
17- Right To Refuse -Trip2Horizon 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 Trip2Horizon is not complete until full money towards the service is received from the customer and accepted by Trip2Horizon.
Without prejudice to the other remedies available to Trip2Horizon under this agreement, the TOS or under applicable law, Trip2Horizon 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:
A-The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
B-Trip2Horizon is unable to verify or authenticate any information provided by the user; or
C-Trip2Horizon 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 Trip2Horizon.
Trip2Horizon 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 Trip2Horizon or use the website in any manner whatsoever until such time that the user is reinstated by Trip2Horizon.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Trip2Horizon reserves the right to recover any amounts due and owing by the user to Trip2Horizon and/or the service provider and to take strict legal action as Trip2Horizon deems necessary.
18- Right To Cancellation By Trip2Horizon In Case Of Invalid Information From User –
The User expressly undertakes to provide to Trip2Horizon 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 Trip2Horizon.
In case Trip2Horizon 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, Trip2Horizon 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, Trip2Horizon 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 Trip2Horizon of any such claim or liability and shall not hold Trip2Horizon responsible for any loss or damage arising out of measures taken by Trip2Horizon for safeguarding its own interest and that of its genuine customers. This would also include Trip2Horizon denying/cancelling any bookings on account of suspected fraud transactions.
19- 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.
20- 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.
21- 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 Trip2Horizon 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 Trip2Horizon website, then these terms shall control.
22- 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 Trip2Horizon Websites or its partner websites, shall be deemed to constitute a partnership between the User and Trip2Horizon and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
23- Information Updation By Trip2Horizon -User acknowledges that Trip2Horizon 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 Trip2Horizon websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Trip2Horizon notices them. Changes are/may be periodically made/added to the information provided such. Trip2Horizon may make improvements and/or changes in the Trip2Horizon websites at any time without any notice to the User. Any advice received except through an authorized representative of Trip2Horizon via the Trip2Horizon websites should not be relied upon for any decisions.
25- Prohibition Against Unlawful Use - As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
26- Use of Communication Services
A -The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
• Harass, stalk, threaten ,defame, abuse, or otherwise violate the legal rights of others.
• Upload ,publish, post, 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 unless the User owns or controls 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 the Website or another's computer;
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another User of a Communication Service that the User 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 Communication Service;
• Violate any applicable laws or regulations for the time being in force in or outside India; and
• Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
B- Trip2Horizon will review materials posted through Communication Service and shall remove any materials in its sole discretion. Trip2Horizon reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
C- Trip2Horizon reserves the right at all times to disclose any information as is necessary to satisfy or comply with 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 Trip2Horizon 's sole discretion.
D- Trip2Horizon does not control or endorse the content, messages or information found in any communication service and, therefore, Trip2Horizon specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User's participation in any communication service.
E- Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
F- When you register with Trip2Horizon.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.
27- Termination/Access Restriction -Trip2Horizon reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
28- Responsibilities Of User Vis-ï¿½-Vis The Agreement -The User expressly agrees that use of the services is at their sole risk. To the extent Trip2Horizon 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 Trip2Horizon be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Trip2Horizon may change the features or functionality of the services at any time, in their sole discretion, without notice. Trip2Horizon 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 Trip2Horizon 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 Trip2Horizon pages or otherwise use any of the contents, pages, information or any other material provided by Trip2Horizon. 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 Trip2Horizon in writing.