AGREEMENT BETWEEN YOU AND BOOKAYATRA

The following terms and conditions (the "Terms and Conditions") apply to all visitors or our users of this Web site. By accessing this Web site, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, The Labiza Online Solutions, (collectively, "Bookayatra"), reserve the right to seek all remedies available by law and in equity for such violations.

GENERAL USE PROVISIONS AND COPYRIGHT 

All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Bookayatra and/or its vendors or suppliers. All Materials herein and all Bookayatra software are proprietary to Bookayatra, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Bookayatra.

YOUR CONTRACT: 

When any booking is made and it is accepted by us either on the web or by email, telephonic/fax confirmation it constitutes a contract between you and Bookayatra. All bookings are taken on the condition that you accept these terms and conditions.  

LIMITED LICENSE

Bookayatra hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) if you are a potential or actual renter, the Materials are used solely for personal, non-commercial purposes and if you are a property owner/manager, the Materials are used only for the purposes of using the services expressly offered by Bookayatra; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Bookayatra.

TRADEMARKS 

The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of Bookayatra or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of Bookayatra or such third party which may own the Mark.

COMPLIANCE WITH LAWS AND EXPORT CONTROLS  

You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the India. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to Indian export restrictions.

DEVICES 

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Bookayatra site or any listing, offer or transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

NO UNLAWFUL OR PROHIBITED USE 

As a condition of your use of this Web site, you warrant to Bookayatra that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.

LINKS TO THIRD-PARTY WEB SITES 

This Web site may contain links to Web sites operated by parties other than Bookayatra. Such hyperlinks are provided for reference only. Bookayatra does not control such Web sites and is not responsible for their contents. Bookayatra's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to this Web site, you do so entirely at your own risk.

GENERAL DISCLAIMER 

Although Bookayatra has attempted to provide accurate information on the Web site, Bookayatra assumes no responsibility for the accuracy of the information (including fares displayed). All information provided on this Web site is provided "as is" with all faults without warranty of any kind, either express or implied. Bookayatra hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

LIMITATION ON LIABILITY 

Neither Bookayatra nor any of its directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any Bookayatra product, or damages from the use of or reliance on the information present on this Web site, even if Bookayatra has been advised of the possibility of such damages.

MODIFICATION OF THE WEB SITE

Bookayatra (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. Bookayatra may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.

MODIFICATION OF THESE TERMS OF USE 

Bookayatra reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

SEVERABILITY 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

GENERAL 

This agreement is governed by the laws of the India, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

CANCELATION

We have an authority to cancel the ticket.  

SCOPE OF SERVICES IN HOLIDAY PACKAGES 

 In case of Holiday packages, Our role is confined to selecting and presenting to you hotels that conform to a certain standard of service, so that you can make an 'informed choice' about the Hotel/Tour whose services you want to avail of. We act as a medium through which you can access information about the various hotels/resorts/palaces/boat houses, their prices and the packages they offer. We only select and inspect the services provided by the independent contractors and have no control in running any of these services. We cannot be held responsible for any delayed or improper services provided by the independent agency and also for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hoteliers, who are the independent entities / contacts and we have no control over them. We are also not responsible for the delay or deficiency in services provided by the hotel or any other service provider or/and any act or actions of co-travelers or co-passengers. 

 VALIDITY

 Hotel Tariffs and other prices are subject to change any time and without prior notice. 

 PRICING

 Prices mentioned on the website, brochures etc are subject to change due to increase in tariffs by hotels, transporters or other independent contractors or due to the imposition of new taxes.  

 
TAXES

 Tourists will have to pay taxes and service charges directly at the respective hotels. Certain hotels charge a security deposit on check in, which is refundable on check out after deducting any expense borne by the tourist. All passengers are liable to pay this deposit. 

 
SITE ACCURACY 

 All information given in our website or in our brochures is based on the information available at the time of publication. Our site description are of amenities normally available .We reserve the right to change any brochure or information on the website before or after your booking due to any events beyond our control. In case we are aware of any changes, sufficiently in advance we will notify you at the time of booking.

GRADATION OF HOTELS

The 'star status' on which the hotels are graded is based on our evaluation of the quality of services/amenities they offer and is commensurate to the pricing of the package. The 'star status' denoted on our website may or may not be the same as granted by the Central/ State Tourism Board or any other authority authorized to do the same.

CANCELLATION FOR HOTEL BOOKINGS/ HOTEL PACKAGES

 If circumstances make you cancel the booking, the cancellation must be intimated to us in writing. Such cancellation will attract the following cancellation charges:

CANCELLATION CHARGES FOR HOTEL BOOKINGS/ HOTEL PACKAGES

As per individual hotel norms

HIGH SEASON CANCELLATION CHARGES - 100% of the Booking Amount in all circumstances 

Cancellation charges for Tours/Tour Packages 

 CANCELLATION CHARGES ATTRACTED

 16 to 30 days before arrival - 30% of the tour cost

 07 to 15 days before arrival - 40% of the tour cost

 Less than 06 days or no show - 100% of the Booking Amount in all circumstances 

 REGISTRATION 

The Client shall read ALL THE TERMS AND CONDITIONS PRINTED ON THE WEBSITE AS WELL AS THE SERVICE VOUCHER BEFORE ACCEPTING THE SAME. The Service Voucher and Payment Receipt(if any) shall be binding on the parties and shall constitute a contract between the parties, on the Client accepting the service voucher and making part payment towards the total consideration of the Hotel package 

The Company reserves the right to decline to register any person or process as the Client for any Holiday without assigning any reason whatsoever. 

OTHER TERMS  

 1. There shall be no Contract in force between the Company and the Client until the Company has received the  appropriate booking amount for Hotel Booking & Rs. 5000/- for Tour Bookings ) . If the full payment is not made as per the timelines prescribed by the Company we reserve the right to cancel the booking with consequent loss of deposit and apply scale of cancellation charges as mentioned in this brochure.

 2. No person other than the Company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition as stated in this brochure. The Company shall in no circumstances whatsoever be liable to the client for . 

 3. Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any misadventure howsoever caused. 

4. Any act, omission, default of independent contractor or other person, or of any servant or agent employed by them who maybe engaged or concerned in the provision of accommodation, refreshment, carriage, facilities or service for the client or for any person traveling with him howsoever caused.  

 
5. If the client has any complaint in respect of the services provided by any of the independent contractors, the client shall immediately notify the same in writing to the independent contractor and a copy thereof should be handed over to us / our Company to take up the matter with the independent contractor so that in future other clients do not face the same difficulty. 

 
6. Any claim or complainant by the client must be notified to the Company in writing within seven days of the end of the holiday tour. No claim notified to this Company beyond this period will be entertained and the Company shall incur no liability whatsoever in respect thereof. 

 
7. In the event that hoteliers/transporters do not accept bookings made by us on behalf of the client due to any reason whatsoever then the client has the right to claim refund of the amount paid by him towards the said service. There shall be no additional amount payable by us on account of the aforesaid. In such an event the client has the option to avail of alternate hotel/transportation services as provided by us. 

 
8 If on arrival at the hotel a client is not provided with the rooms/facilities he had booked for due to the same being 'sold out' or due to some error , the same shall be taken up with the hoteliers/transporters themselves and we shall not be responsible for the same. 

 
REFUND  

The Company reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Holiday due to Force Majeure or Vis Majeure. Such refund would be based on various number of factors and the decision of the Company on the quantum of refund shall be final. Refunds (if any) for amendment and/or cancellations will be paid directly to the Clients by the Company. Administrative costs of Rs. 500 in case of hotels and Rs. 1000 in case of tours will be deducted from the Refund Amount. It would take atleast 30 days to process such refunds.

 
REFUNDS ARE SUBJECT TO US COLLECTING THE REFUNDS FROM THE INDEPENDENT CONTRACTORS. 

There shall be no refund if the Client does not or cannot utilize the Hotels or the services provided therein. Nor can any refund be made for loss of hotel vouchers etc. by the clients. 

 
ARBITRATION 

For all claims or disputes of whatsoever nature relating to the Clients, claim of deficiency in service or the like, the same shall be resolved by a Sole Arbitrator to be nominated by the Company. The arbitration shall be in held in Jammu (J&K).