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terms & condition

1. ACCEPTANCE

All orders including bookings done by using Service Providers websites or using any other customer interface channels of the Service Provider are subject to acceptance by Service Provider at Service Provider's applicable facility. "Terms and Conditions" means collectively, the terms and conditions contained herein of service provider, Experiential Holidays Pvt. Ltd, any Service Provider’s "Supplement to Terms and Conditions of Sale", and terms and conditions stated in Service Provider’s quotation. "Agreement" means the agreement arising from the acceptance of this order and its attachments, including the Terms and Conditions. Any terms and conditions originating with Customer are superseded by the Terms and Conditions and shall not be or become part of the contract between Customer and Service Provider unless specifically accepted in a writing signed by a duly authorized representative of Service Provider. Acknowledgement of the receipt of any order, including signing and returning to Customer its acknowledgement copy, if any, shall not constitute acceptance by Service Provider of any additional or different terms and conditions, nor shall Service Provider’s commencement of effort, in itself, be construed as acceptance of an order containing additional or different terms and conditions. Service Provider shall have no liability until and unless the orders are accepted. Customer assumes full responsibility for inaccurate, incomplete or faulty data supplied to Service Provider for Service Provider’s use in the performance of orders.

2. PRICES

Prices are subject to change without notice. They are prepared for the purpose of furnishing general information and are not quotations or offers to sell on the part of the Service Provider. No payment discounts are offered, and minor inadvertent administrative errors contained in an invoice including quotations are subject to correction and shall not constitute reason for untimely payment. All Prices are quoted in the currency mentioned on the front of this order confirmation. Service Tax and any other applicable duties, taxes or charges are not included. Services will be billed at the prices in effect at the time of providing the same. Courier service and/or Indian Parcel Post charges will be prepaid and added to the invoice using current rates. If the Service Provider's cost increases during the term of the Agreement as a result of industry-wide conditions not contemplated by Service Provider at the inception of the order, Service Provider shall have the unilateral right at any time upon advance written notice to Customer to increase the prices on booked itinerary and acknowledged orders by an amount equal to the additional costs incurred by Service Provider. Service Provider does not accept orders on credit.

3. TAXES

Prices do not include any service, surcharge, import, export or such taxes that may be levied on the transaction by local, state, federal or foreign governments. Any such taxes shall be the responsibility of Customer. If Service Provider is required to pay any such taxes, the cost shall be added to the invoice or billed to Customer separately.

4. PROVIDING SERVICES

Unless otherwise agreed to by Service Provider, all services are made on payments in advance of full amount. In no event shall Service Provider be held liable for any damages or expenses caused by delays in providing any part of service. The acceptance of the Services by Customer shall constitute a waiver of all claims for delay. Any eventual delay does not give the Customer the right to cancel the order, nor to claim compensation for direct, indirect or consequential damages, loss of any business production, non achieved profits, etc. Service Provider shall not be liable for delay due to causes beyond its or its subcontractors' reasonable control, including, but not limited to, delays or failures due in whole or in part to, acts of God, acts of Customer, acts of civil or military authority, priorities, fire, strike, floods, acts of terrorism, insurrection, epidemics, quarantine, war, riot, transportation delays, acts of a public enemy, or other causes similar to those enumerated.

5. CUSTOMER'S RESPONSIBILITY OF KNOWLEDGE OF THIS TERMS & CONDITIONS

The Customers availing services from Service Provider shall be deemed to have read, understood and expressly accepted the terms and conditions of this terms and conditions, which shall govern the desired transaction or provision of such services by Service Provider for all purposes, and shall be binding on the Customer. All rights and liabilities of the Customer and/or Service Provider with respect to any services to be provided by Service Provider shall be restricted to the scope of this agreement. Service Provider reserves the right, in its sole discretion, to terminate the access to any or all Service Provider 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 of whatsoever nature. These Terms will be provided/ updated by Service Provider which shall be deemed to be a part of the Agreement and in the event of a conflict between such Terms and the Agreement, the terms of the Agreement shall prevail. The Customer shall be required to read and accept these relevant Terms for the service/ product availed by the Customer. Additionally, 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 Customer shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the Customer elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules. Service Provider's Services are offered to the Customer conditioned on acceptance without modification of all the terms, conditions and notices contained in this, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the Customer constitutes an acknowledgement and acceptance by the Customer of these Terms. If the Customer does not agree with any part of such terms, conditions and notices, the Customer must not avail Service Provider's 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 Service Provider document, then these terms shall control or rule.

6. TERMS OF PAYMENT

Terms of payment are to be paid in advance Service Provider reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Service Provider further reserves the right to alter any and all fees from time to time, without notice. The Customer 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 Service Provider 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 the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Service Provider 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 Customer shall request Service Provider 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 , 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 or no show air or hotel booking shall be deemed to have been forfeited.

7. LIMITED WARRANTY

Seller warrants that the Goods sold hereunder are free from defects in material and workmanship for the Warranty Period set forth below. Seller warrants its Good(s) only to the original Customer. There are no warranties whatsoever on Goods built or acquired, wholly or partially, to a Customer's designs or specifications. This express warranty in this Section and in Section 9 are in lieu of and exclude all other warranties, express or implied, by operation or law or otherwise including THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO SELLER OR NOT), all other such warranties being hereby expressly disclaimed by Seller and waived by Customer. Written notice of claimed defects shall have been given to Seller within the Warranty Period, and within thirty (30) days from the date any such defect is first discovered. The Good or parts claimed to be defective must be returned to Seller, accompanied by a Return Material Authorization (RMA) issued by Seller's facility responsible for supplying Goods, with transportation prepaid by Customer, with written specifications of the claimed defect.

8. LIMITATION OF LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING OUT OF THE PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF PERFORMANCE OF THIS ORDER REGARDLESS WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE. IN NO EVENT SHALL SERVICE PROVIDER'S LIABILITY EXCEED THE TOTAL PURCHASE PRICE OF THE SERVCIES THAT GAVE RISE TO ANY SUCH LIABILITY.

9. GENERAL INDEMNITY

Customer agrees to hold Seller harmless from any and all liability, and to pay all costs and attorney's fees, for injury or damage to persons or property caused in any manner by Services covered by the order or under the control of Customer or Customer's successor in interest.

10. PATENT INDEMNITY

Service Provider shall have no liability for infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights except as specifically provided in this section. Any liability of Seller shall be limited as set forth in section 9.

Notwithstanding the foregoing, Service Provider shall have no liability for claims of infringement based on information provided by Customer

11. PROPERTY RIGHTS

Except as specifically provided for in this order, Customer shall have no right in any Intellectual Property Rights.

12. RIGHT TO SERVICES; DEFAULT; INSOLVENCY.

If Customer becomes insolvent or if Customer is in default for any reason under the terms of this or any other agreement between Customer and Service Provider, Service Provider shall be entitled, at Service Provider's option, to discontinue further performance of all or part of the order. The foregoing shall not be construed as limiting, in any manner, any rights or remedies available to Seller under contract, at law or equity.

13. CONDITIONS

The order is accepted with the understanding that it is subject to Service Provider's ability to obtain the necessary confirmation from other parties involved, and the order are subject to governmental regulations, orders, directives and restrictions that may be in effect from time to time.

14. NON-WAIVER BY SERVICE PROVIDER

Waiver by Service Provider of a breach of any of the Terms and Conditions shall not be construed as a waiver of any other breach. Any failure at any time of Service Provider to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provisions or prejudice Service Provider's right to enforce such provisions at any time.

Should any provision of these Terms and Conditions be or become void or not enforceable by force or operation of law, all other provisions shall remain valid and enforceable.

15. RIGHT TO CANCELLATION BY SERVICE PROVIDER IN CASE OF INVALID INFORMATION FROM CUSTOMER

Customer expressly undertakes to provide to Service Provider 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 Customer would vitiate this agreement and shall disentitle the Customer from availing the services from Service Provider. In case Service Provider discovers or has reasons to believe at any time during or after receiving a request for services from the Customer that the request for services is either unauthorized or the information provided by the Customer or any of them is not correct or that any fact has been misrepresented by him, Service Provider in its sole discretion shall have the unrestricted right to take any steps against the Customer(s), including cancellation of the bookings, etc. without any prior intimation to the Customer. In such an event, Service Provider shall not be responsible or liable for any loss or damage that may be caused to the Customer or any of them as a consequence of such cancellation of booking or services.The Customer unequivocally indemnifies Service Provider of any such claim or liability and shall not hold Service Provider responsible for any loss or damage arising out of measures taken by trailboutique.com for safeguarding its own interest and that of its genuine customers. This would also include Service Provider denying/cancelling any bookings on account of suspected fraud transactions.

16. ASSIGNMENT

Customer shall not assign, subcontract, or otherwise transfer the order, in whole or in part, without the prior written consent of Service Provider, and any such assignment, subcontract, or transfer without Service Provider's prior written consent shall be void.

17. CONFIDENTIALITY

Any information which is specifically mentioned by Service Provider as Confidential shall be maintained confidentially by the Customer 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.

18. CHANGES

Changes in whole or in part of the order can be made only with Service Provider's consent and upon terms that will permit an equitable adjustment to be made in both the price and services to be provided. Changes will be recognized and implemented only when communicated to Service Provider by Customer's authorized representative, in writing.

19. TERMINATION

Termination of the order in whole or in part can be made only with Service Provider's prior written consent and upon terms that will indemnify Service Provider against loss and afford an equitable profit.

20. ONUS OF THE CUSTOMER

Service Provider is responsible only for the transactions that are done by the Customer through Service Provider. Service Provider 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 Customer. Customer 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 Customer 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 Customer represent and confirm that the Customer 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(s).

21. RESERVATION OF RIGHTS

Service Provider reserves the right to make subsequent improvements and changes in the services provided without imposing any obligation to make such changes or improvements upon services provided to Customer.

22. INSURANCE

Unless explicitly provided by Service Provider in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the Customer and trailboutique.com doesn't accept any claims arising out of such scenarios. Insurance, if any provided as a part of the service/ product by trailboutique.com shall be as per the terms and conditions of the insuring company. The Customer shall contact the insurance company directly for any claims or disputes and trailboutique.com shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

23. VISA OBLIGATIONS OF THE CUSTOMER

The travel bookings done by Service Provider are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. Service Provider 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.

24. GOVERNING LAW; LIMITATION ON ACTIONS

This order shall be governed and construed in accordance with the laws of the Service Provider, i.e., only India. No actions shall arise out of the provision of services covered by this order, other than an action by Service Provider to recover the price of such services provide.

25. Arbitration

In case of any dispute or any difference with the Customer located in any part of the world, arising out of or in relation to this agreement including disputes or differences as to the validity of this agreement or interpretation of any of the provisions of this agreement, the same shall be resolved by mutual discussion. If the parties fail to settle the dispute or difference mutually, then same shall be resolved in accordance with and subject to the provisions of the Indian Arbitration and Conciliation Act, 1996 or any modifications or amendments thereto, or any reenactment for the time being in force subject to the stipulation that only courts at Mumbai shall have exclusive jurisdiction in all matters arising out of or related to this agreement.