This Agreement of Website Use (the agreement) provides for the terms and conditions of use of website www.jvtravels.com (the website) by the User (User) thereof and is a binding and valid contract between J.V.Travels Pvt Ltd a Company incorporated under the Companies Act, 1956 having its registered office at 503, Morya Land Mark II, Opp. Infinity Mall, Off. New Link Road, Andheri (W), Mumbai – 400053, INDIA. (hereinafter referred to as “JV”) and the User.
JV is in the business of providing online/offline travel agency services. This agreement is valid and binding on the customer(s) of JV being the User(s) of the website www.jvtravels.com used for availing the various services provided by JV online. By logging into the website, the User shall be deemed to have entered into this agreement with JV.
DEFINITIONS AND INTERPRETATION
In this Agreement, headings and bold words are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:
- words importing the singular include the plural and vice versa;
- words importing a gender include any gender;
- other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning;
- an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate;
- a reference to anything (including, but not limited to, any right) includes a part of that thing but nothing in this sub clause implies that performance of part of an obligation constitutes performance of the obligation;
INTELLECTUAL PROPRIETARY RIGHT shall mean any registered or unregistered design, copyright, artist or producer right, database right, design right, trademark, service mark, logo, trade secrets, right of confidence or industry or ancillary property right of any nature whatsoever or any application to register any of the foregoing rights, in any part of the world immediately preceding.
SERVICES means services of booking Airline Tickets, Hotels, Car Rentals as provided on the website.
SERVICE PROVIDER means and include the third party services provider namely the concerned airlines, hotels, vehicle owner, whose services are booked by User using the website.
USER means any person who visits the website www.jvtravels.com and uses the website as per terms and conditions herein.
WEB SITE shall mean www.jvtravels.com
A. SERVICES OF JV :
- JV provides various booking services through its website to the User in the nature of reservation of airline tickets, hotel bookings, vehicle rentals etc. These services are further provided by the concerned Service Provider on whose behalf JV accepts bookings from User. User is fully aware and acknowledges that except for the bookings, JV is not responsible for providing the actual services for which User has visited the website. Accordingly, this agreement is limited to the booking services provided by JV and JV does not endorse the actual services of the Service Provider. The User is required to exercise his discretion in selecting the appropriate service provider. User shall not hold JV responsible for any deficiency of service provided by the Service Provider.
- User understands and accepts that the services provided by JV are governed by terms of services in general and that the User shall abide by such terms and conditions at all times. User acknowledges that by availing the services of JV he/she has accepted the terms of service. User shall not raise any dispute in this regard.
B. COVENANTS OF THE USER:
- The User availing services of JV shall be deemed to have read, understood, agreed and accepted the terms and conditions of this agreement and also the terms of services. User shall enquire regarding all the charges and levies applicable for receiving the Services and shall be liable to pay the same to JV in the prescribed and timely manner.
- User shall avail the services on website solely for his/her personal use and not for any commercial purposes. User shall not hold himself as agent of JV.
- User hereby agrees and declares that he/she has read and understood the terms and conditions of the Service Provider and that he/she shall not hold JV liable for the same. The User alone shall be responsible for ensuring complete compliance of the terms and conditions and/or rules and/or policies of the Service Providers. By registering himself/herself on the website, the User agrees to abide by the terms and conditions of the website. The User alone shall be responsible to maintain confidential the assigned User ID and Password.
- In the event there is an increase in the rates of services availed post booking, the User shall pay the difference thereof to JV. User further agrees to pay to JV any short charging by JV from the listed and notified prices for the services booked on account of any technical or other reason. All taxes present and future and any revision thereof shall be paid by the User alone. User accepts that unless such difference is paid, he/she may not be able to utilize the services availed.
- User agrees and accepts that unless the entire value of services is paid he/she shall not be entitled to utilize the services booked.
- User shall alone be responsible to maintain the confidentiality of his/her password used to login the website which he/she shall choose while registering on the website. User shall be responsible for all activities that happen through his/her user ID. If the User finds that his password or ID is misused, he shall immediately bring such misuse to the knowledge of JV in writing. By using the access service on website, the User authorises JV and its agents to access third party sites, including that of Banks and other payment gateways designated by User or on his/her behalf for retrieving requested information.
- User hereby declares, confirms that he/she is of legal age and is competent to enter into contract with JV and that the User is not barred by any law from availing any of the services provided by JV.
- User hereby agrees that he/she alone be liable to obtain Visa including Transit Visa for any of the bookings made through JV. The User declares that he/she shall obtain the necessary information on requirement of Visa/Transit Visa in connection with his/her travel to any destination throughout the World and shall not hold responsible JV for not providing any information in this regard.
- User may request JV to procure Visa/Transit Visa on his/her behalf. However, User acknowledges that it is not the responsibility of JV to obtain any Visa on behalf of the User and that in the event, application for Visa/Transit Visa is rejected by any Embassy, the User shall not hold responsible JV for the same. The User shall also not demand any refund of Visa Fees, Service Charges, Taxes, Levies from JV.
- Obtaining a Travel Insurance is absolutely discretionary and the User may request JV to obtain an Insurance Policy on his/her behalf. JV shall not be responsible for obtaining any Insurance Policy unless requested for by the User. The User agrees and undertakes to make payment of Premium of Insurance Policy. The User further undertakes to keep the Policy valid and subsisting during the term thereof.
- User hereby acknowledges that the data available on the Website including the Intellectual Property appearing thereon are the sole properties of JV and that the User shall not claim any right, title or interest in the same. User shall not download any information, which is not related to the services sought to be availed by the User. User shall not act in any manner which may result in damage to the Intellectual Property of JV and constitute infringement thereof. The User shall exercise precaution while using the Website to ensure that no loss or damage is caused to JV. User shall not hold JV responsible for any damage being caused to the User’s Computer and/or device used to browse the website and interact therewith.
- User hereby acknowledges and agrees that the website is to be used only for the lawful purposes of doing bookings for services available on the website. The User agrees and undertakes that he shall not use the Website for any other purposes to the ones specified and that he shall not cause any damage to the website and/or its contents. The User shall not violate any laws and/or regulations for the time being in force within or outside India.
- User is fully aware that the Website may contain various services namely Bulletin Board, Chat Room, Chat Groups, Communities, Forums, Comment Pages, Posts, share views etc. The User shall exercise his discretion in using the said services which are voluntary services and he/she shall not hold responsible JV for any remarks/comments appearing in such services. User shall not use the said services to defame, harass, damage reputation, abuse, threaten, intimidate, coerce JV or its affiliates and/or its employees. User shall not upload any objectionable material on the website. User shall not use the website or the services available thereon to promote any hatred, communalism, racism, discrimination amongst the citizens of India or of any country in the World.
- If any contest, scheme, lucky draw etc. are being organized/conducted by JV on its website, the User shall follow rules, terms and conditions of such facilities. The User agrees that the decision of JV will be final and binding on the user and that the User shall not hold JV liable for not honoring any of its commitment in such schemes.
- User hereby agrees that use of the website is at his/her sole risk.
C. RIGHTS AND DUTIES OF JV :
- JV shall in its sole discretion be entitled to either accept or refuse any order placed by the User without assigning any reason for doing so.
- JV shall hold the absolute rights to block any User from using its website. JV, in its sole discretion, reserves the right to allow or deny access to its website.
- Services offered by JV on its website to the User are upon condition of acceptance without modification of all the terms, conditions and notices contained in this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User shall not avail the services of JV.
- JV reserves the right to change any and all terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
- In the course of its business, JV may provide User with proprietary data in the form of photographs, sound, videos, graphical representation, advertisements of other Service Providers. User acknowledges that Copyright in all such material shall exclusively belong to JV and that the User shall not use the said data for any commercial purposes. User is aware that any illegal use of the Copyright belonging to JV shall expose him/her to civil legal proceedings so also criminal prosecution. JV reserves its right to initiate appropriate action against User in the event User is found violating the Proprietary Right of JV.
- In the event it is found that the User has provided any incorrect and/or invalid information to JV at the time of booking, JV reserves it right to cancel the requested booking without any notice to the User. JV shall not be held responsible for any cancellation done by JV for the aforesaid purposes. JV shall not be liable to pay any damages and/or cost for any loss suffered by User on account of cancellation of his booking. The User hereby indemnifies JV of any such claim and shall not hold JV responsible for any losses and/or damage arising out of the steps initiated by JV for cancellation of booking done by the User.
- If it is found that the User is impersonating any other individual and/or entity and using the website, JV reserves it right to report such incident to the Competent Authorities.
D. NO LIABILITY FOR THIRD PARTY INFORMATION:
- JV is only providing the services of booking on its website. While every effort is made to ensure that the information posted on its website is accurate, JV neither warrants nor makes any representation as to the accuracy thereof. The data of airline schedule is very dynamic and is subject to changes. There is also possibility of human error while entering a particular data. User agrees that he/she shall verify the information available on website of JV through the actual Service Provider. JV shall not be held responsible for any inaccuracy of information on its website nor shall be held liable for any loss suffered by the User on account of inaccurate data.
- JV shall not be held responsible for any rescheduling and/or cancellation of flights by airlines.
- JV does not in any manner whatsoever endorse any products/services appearing on its website.
- In the event User cancels any of the bookings made by him/her, JV shall not be responsible in any manner whatsoever for any breach of contract and/or consequential loss or damage caused to the User. JV shall only be liable to the extent of repaying to the User the total amount received from User less any cancellation fees, levies, taxes or other charges, cancellation charges as per the policies of the Service Providers, as may be applicable. User shall, within 90 days of cancellation and/or no show, make his claim in writing with JV. Any claim made thereafter shall be deemed to be a waiver of the original claim and no claim shall be entertained beyond the period of 90 days.
- JV shall not be held responsible for performance or non-performance either in whole or in part of the obligation of Service Providers. In the event, User is dissatisfied with any services provided by Service Providers, he/she shall take up such issues directly with the Service Providers and not involve JV in the said process. The liability of JV shall only be to the extent of refunding any amount received from the User on account of cancellation and such amount shall be refunded subject to deduction of cancellation charges, levies, taxes, expenses, bank charges, third party transaction charges as applicable.
- The website provides several links to websites of others. JV is not responsible for the contents of such Third Party Websites and the User shall not hold liable JV for any errors/omissions on the websites of Third Party Service Providers.
E. USAGE OF PERSONAL DATA :
- User of website will be required to submit his personal data namely; name, age, gender, mobile number, communication address etc. User hereby permits JV to use the said data for the purposes of bookings so also for the purposes of maintaining any statistical data. JV shall maintain confidentially of all such information and the same shall not be disclosed unless consented to by the user and unless required by any law or to serve the intent of this Agreement between the parties. By entering the said data on website, User permits JV right to use the said data. User shall not raise any dispute in this regard.
- JV may send to the User on his registered e-mail id or on his registered mobile information regarding booking confirmation, cancellation confirmation, refund confirmation, itinerary information and brochure and/or such other relevant information for the bookings initiated by the Users. User hereby confirms that such communication sent to him/her shall constitute valid communication and that the User will not raise any grievance of having not received any hard copy of the communication via post. Further, the communication received by the User shall not be perceived as unsolicited commercial communication in breach of the Telecom Regulation Authority of India (TRAI) Guidelines. The User shall not initiate any complaint with TRAI on account of having received e-mail, sms or any other form of message on User’s registered mobile/registered e-mail.
- For the purposes of fulfillment of booking, JV will be required to share personal data provided by the User with its Service Providers/Channel Partners/Third Party Vendors. User hereby irrevocably and unconditionally grants consent to JV to share his/her personal data.
F. INDEMNITIES :
- User hereby indemnifies and holds JV including its office bearers, associates, affiliates, business partners and all such persons connected with the website of JV harmless against any loss, damage, claim, liability, cost, expenses, legal fees, awards incurred and/or suffered by JV and/or its office bearers, associates, affiliates, business partners and all such persons connected with the website of JV that may arise out of breach of any of the terms of this Agreement and/or non-performance of any of the covenants herein made by the User.
- User shall abide by all the Rules and Regulations governing the destination of his/her travel and shall not hold JV responsible for not informing the User of any specific rules/conditions of service.
G. RELATIONSHIP BETWEEN THE PARTIES :
- The use of website by User shall not constitute any joint venture, partnership, association, affiliation or any other form of business relation between the User and JV.
- By using the website, the User shall not bind JV and/or its affiliates, associates to provide any services and demand performance thereof unless the User pays for such services.
- By using the website, the User shall be deemed to have appointed JV as its Agents for the purposes of booking services of third party service providers and the User hereby authorizes JV to represent himself/herself before such third parties.
H. SEVERABILITY :
In the event that any of the provisions of this Agreement shall be determined invalid, void or unenforceable, such provision may be severed without affecting the enforceability of the other provisions in this Agreement and the remaining provisions of this Agreement shall continue in full force and effect.
I. INTERPRETATION OF NUMBER AND GENDERS:
The terms and conditions herein shall apply equally to both singular and plural forms 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.
J. TERMINATION :
- This agreement may be terminated by JV with or without any cause at any time with immediate effect and without prior notice.
- This agreement may be terminated by either JV or the User by giving a written notice to the other party.
- Upon termination of the agreement, User shall not be entitled to use the website and shall immediately cease to do so. The User ID and Password of the User are liable to be blocked in perpetuity by JV.
K. NOTICE :
Any notice or other communication including, but not limited to, any request, demand, consent or approval, to or by a Party to this Agreement must be in legible writing and in English Language and shall be deemed to have been delivered to the following address :
- If to JV :email@example.com and/or at the address given on the website.
- If to User :at the communication e-mail provided by the User and/or at the postal address provided by the User at the time of registration.
- and is regarded as being given by the sender and received by the addressee:
- if delivered in person, when delivered to the addressee;
- if by post, on the 2nd Business Day following the date of postage;
- if by e-mail, where such e-mail has actually been received by the addressee.
L. FEEDBACK :
M. FORCE MAJEURE :
The User hereby agrees and acknowledges that given the nature of services and the means thereof, there is a possibility that the respective service providers namely Airlines, Transportation Providers, Hotels, Hospitality Service Providers may not be able to honour their bookings due to various conditions like act of God, act of State, strikes, government action, war, riots, acts of public enemy, transmission or systems failures, natural or man-made disaster or any other cause beyond reasonable control (each an event of Force Majeure). If JV is informed of an event of Force Majeure, it will promptly notify the User of the occurrence of the Force Majeure event providing details of such Force Majeure, including its reasonable expectation of the approximate duration thereof. In such event, JV shall make best effort to get the refund of booking amount, subject to deduction of service charges, if such refunds are duly supported by the respective service providers. The User hereby agrees that JV being only a facilitating booking agent shall not be held responsible for any such circumstances and the customer has to contact the respective service provider directly for resolution of any dispute including refunds.
N. VARIATION :
The terms and conditions of this Agreement may be varied solely at the discretion of JV. JV will give notice of such variation from time to time. User is advised to review the Agreement from time to time.
O. GOVERNING LAW :
This Agreement shall be subject to and interpreted in all respects in accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of the Courts in Mumbai.
P. UPDATING OF INFORMATION :
User hereby acknowledges that the services provided by JV are provided with due care and diligence on their part. Due to the technical nature of the information available on the website, it is quite possible that the website may include inaccuracies, typographical errors, schedule errors. JV shall endeavour to correct such errors as soon as the same are noticed and/or brought to their notice. The website may be updated by JV from time to time without any notice to the User. User are therefore, advised to review the website from time to time.