THE FOLLOWING DESCRIBES THE TERMS ON WHICH GOHIMALAYAN.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") with GoH Holidays (the “Firm”). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of GOHIMALAYAN.COM (the “Site”).
Kindly do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
The Firm may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall become effective on immediate basis after being posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and GOHIMALAYAN.COM. This Agreement is effective upon acceptance in registration for new registering users.
1. SITE AND ITS CONTENTS
1.1 You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.
1.2 Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions or provide certain details. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
2. LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to websites operated by parties other than the Firm. The Firm does not control such sites and is not responsible for their contents. The Firm's inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
3.1 The material on this Site, including but not limited to audio, images, software, text, icons and such other material (the "Content"), are protected by copyright under international conventions and Indian copyright laws. You cannot use the Content for any purpose, except as specified herein. You agree to follow all instructions so provided on this Site limiting the way you may use the Content.
3.2 There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by the Firm or any other third party. By displaying them on this Site, the Firm is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
4. GOHIMALAYAN RIGHTS
4.1 All communications or materials sent by you to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions etc. shall be treated as non-confidential by the Firm. You hereby relinquish and abandon any and all claims that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Firm uses such material.
4.2 Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Firm anywhere in the world, in any medium, forever.
5. TRANSMITTED MATERIAL
You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message is encrypted. The Firm does not have any obligation or liability in case of any misuse of such message or information.
6.1 The material in this Site could include technical inaccuracies or typographical errors.
6.2 The Firm may make changes/modifications or improvements on the Site at any time.
6.3 The Firm disclaims all liability to you or to any other person for any loss, damage, cost or expense of any kind whatsoever and howsoever incurred due to a fare hike on bookings made through this Site.
6.4 The Firm does not warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components, but shall endeavour to ensure your fullest satisfaction. The Firm does not warrant or make any representations regarding the use of or the result of the use of the material on the Site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
6.5 You acknowledge that this Site is provided only on the basis set out in these terms. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. The Firm does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
6.6 You also acknowledge that through this Site, the Firm merely provides intermediary services in order to facilitate booking of hotels and tours services to you. The Firm is not the last-mile service provider to you and therefore, Firm shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.
6.7 The Firm will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.
6.8 If for any reason, the law does not permit exclusions of liability then, the liability of the Firm shall be limited to such amount paid by the user and retained by the Firm for the transaction in question.
7. GENERAL PROVISIONS
7.2 The Firm may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
7.3 The Firm reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the Firm's systems as well as its clients and users interests are and remain, well-protected. Towards this end, the Firm may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
7.4 If the Firm, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then the Firm may cancel the said orders at any time up to 06 hours before the scheduled time of departure of the relevant flight or 24 hours before the expected date of visit to any property booked through the Firm.
7.5 You may travel to certain destinations which involve greater risks than others, entirely at your own risk as to cost and consequences.
7.6 Firm requests you to consult your local authorities and evaluate travel prohibitions, warnings, announcements, and advisories issued by them before booking travel to certain international destinations.
7.7 By offering bookings for sale travel to particular destinations, the Firm does not represent or warrant that travel to such a point is advisable or without risk. The Firm 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.
7.8 The Firm reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. The Firm shall have no obligation to take the needs of any User into consideration in connection therewith.
7.9 The Firm reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.
7.10 No waiver by the Firm of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
8. PROMOTION CODES
8.1 GOHIMALAYAN.COM generates promotion codes from time to time which may be availed on the Site as a discount coupon. Users are advised that the promotional offer of using Promotion Codes for receiving discounts can be availed only if correct and full details (of the promotional code) are filled in at the time of making the booking. In case if the customer fails to enter the promo code before making the booking, the Firm shall not be liable to give any credit to the customer after the booking has been made.
8.2 Promotion Codes are Non-Transferable, cannot be sold or bartered, no cash value.
8.3 Offer may be revised or withdrawn any time without notice, even if other sites are displaying the coupons.
8.4 For all technical errors there is no recourse, you have the right to not make the purchase.
8.5 Considering there are multiple promotional offers running on the site, user can avail the benefit of only one offer at a time. No two promotional codes can be combined at the time of making a booking.
9. APPLICABLE LAW
10. DISPUTE RESOLUTION
10.1 Any dispute, controversy or claim, under, arising out of or in connection with this Agreement (whether at law, equity or otherwise), including but not limited to any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in India, in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this Clause.
10.2 The arbitral tribunal shall consist of three arbitrators. Each Party shall appoint one arbitrator each and the two arbitrators shall appoint the presiding arbitrator. The arbitration proceedings shall be conducted in Delhi and the language of the arbitration shall be English. Each Party shall have the right to have its legal advisers present throughout the arbitration.
10.3 Any judgment, decision, or award of the arbitration tribunal (the “Award”) shall be set forth in a reasoned award stating the basis for the Award. The Award will be enforceable through the courts of Delhi. The Parties agree that the Award shall be final, binding and conclusive upon each of them without appeal. Each Party shall bear the cost of preparing and presenting its case before the arbitral tribunal.
10.4 However, other costs of arbitration proceedings including fees and expenses of the arbitration tribunal shall be shared equally by the Parties unless the Award provides otherwise.
11. HOTEL TERMS
APART FROM THE GENERAL TERMS AND CONDITIONS, THE BELOW MENTIONED ARE THE SPECIFIC HOTEL TERMS
11.1 The primary guest must be at least 18 years old to be able to check into the hotel.
11.2 Usually check-in time is 12 pm and check-out time is 12 pm. Early check-in or late check-out is subject to availability and the hotel might charge you extra for it. However please note that the check-in time is subject to change as per hotel policy.
11.3 Your stay does not include additional personal expenses like telephone charges, meals that aren't part of your meal plan, any hotel services you use (like laundry and room service) or tips. The hotel will charge you directly for these when you're checking out.
11.4 It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Drivers License, Voters Card, and Passport. Without valid ID the guest will not be allowed to check in. Note- PAN Cards will not be accepted as a valid ID card.
11.5 The hotel reserves the right of admission. Accommodation can be denied to guests posing as a 'couple' if suitable proof of identification is not presented at check-in. Firm will not be responsible for any check-in denied by the hotel due to the aforesaid reason.
11.6 Hotels may charge a mandatory meal surcharge on festive periods e.g. Christmas, New Year's Eve etc. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel.
11.7 Government has levied service tax on hotel room charges effective on stays from 1st May 2011. This tax may be required to be settled directly at the hotel.
12. CANCELLATION POLICY
12.1 GOHIMALAYAN.COM may levy its cancellation fee on users for cancelling hotel bookings made through this Site in addition to the cancellation charges levied by the hotel. Hotels being booked through this Site may have their own cancellation policy and may charge user accordingly.
12.2 Cancellations can be done online as well through our call-centre.
12.3 Only those cancellation requests which are made either online or on the phone to our customer support team shall be entertained. The Firm shall not be liable to entertain any cancellation requests made directly to the hotel without intimating the Firm and also through any other medium including, but not limited to, SMS or e-mail.
12.4 If you don't show up at the hotel, you'll still be charged the entire amount.
13. MODIFICATIONS & REFUNDS
13.1 GOHIMALYAN.COM does not support changes and modifications to online bookings once they're made. Kindly do not call the hotel directly for reservation changes or cancellations. The hotel's agents cannot make changes to or process refunds for these specially-negotiated rates.
13.2 We take at least 7 to 10 working days to process refunds for bookings cancelled online.
13.3 Your bank may debit its own separate charges from refunds made to your credit card or bank account.
13.4 If Cancellation is made under the time stipulated i.e. less than 24 hrs, the Firm will retain 1 night charges at the original un-discounted amount.
13.5 GOHIMALAYAN.COM reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services.
13.6 GOHIMALAYAN.COM 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.
13.7 In case, there is a short charging by GOHIMALAYAN.COM 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.
13.8 In case of any reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. GOHIMALAYAN.COM 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.
13.9 The User may request GOHIMALAYAN.COM for any refunds against the unutilized or 'no show' hotel booking for any reasons within 60 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds may accordingly be processed as per the defined policies of hotels and GOHIMALAYAN.COM as the case may be.
13.10 No refund would be payable for any requests made after the expiry of 60 days as above and all unclaimed amounts for such unutilized or ‘no show’ hotel booking shall be deemed to have been forfeited.
14. ONUS OF THE USER
14.1 GOHIMALAYAN.COM is liable only for the transactions that are done by the User through GOHIMALAYAN.COM.
14.2 GOHIMALAYAN.COM will not be liable 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.
14.3 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.
14.4 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.
15. ADVERTISERS ON GOHIMALAYAN.COM OR LINKED WEBSITES
15.1 GOHIMALAYAN.COM 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.
15.2 GOHIMALAYAN.COM 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.
15.3 The linked sites are not under the control of GOHIMALAYAN.COM and GOHIMALAYAN.COM is not liable for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
15.4 GOHIMALAYAN.COM 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 GOHIMALAYAN.COM.
16.1 Unless explicitly provided by GOHIMALAYAN.COM in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the user and GOHIMALAYAN.COM doesn't accept any claims arising out of such scenarios.
16.2 Insurance, if any provided as a part of the service/ product by GOHIMALAYAN.COM shall be as per the terms and conditions of the insuring Firm. The User shall contact the insurance Firm directly for any claims or disputes and GOHIMALAYAN.COM shall not provide any express or implied undertakings for acceptance of the claims by the insurance Firm.
17. FORCE MAJURE
17.1 The user agrees that there can be exceptional circumstances where the service operators like the hotels, tour operators or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route etc.
17.2 If GOHIMALAYAN.COM is informed in advance of such situations where dishonour 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 GOHIMALAYAN.COM being an agent for facilitating the booking services shall not be liable for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
17.3 The User agrees that in situations due to any technical or other failure in GOHIMALAYAN.COM, services committed earlier may not be provided or may involve substantial modification. In such cases, GOHIMALAYAN.COM 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 GOHIMALAYAN.COM against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
17.4 GOHIMALAYAN.COM shall not be liable for delays or inabilities in performance or non-performance 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.
17.5 Without prejudice to whatever is stated above, the maximum liability on part of GOHIMALAYAN.COM 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 GOHIMALAYAN.COM for its services.
17.6 Neither shall GOHIMALAYAN.COM be responsible for the delay or inability to use the GOHIMALAYAN.COM Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the GOHIMALAYAN.COM, or otherwise arising out of the use of the GOHIMALAYAN.COM, whether based on contract, tort, negligence, strict liability or otherwise.
17.7 GOHIMALAYAN.COM 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.
18. SAFETY OF DATA DOWNLOADED
18.1 The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Site 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.
18.2 Nevertheless, GOHIMALAYAN.COM will always make its best endeavours to ensure that the content on its Site or other information channels are free of any virus or such other malwares.
19. FEEDBACK FROM CUSTOMERS AND SOLICITATIONS
19.1 The User is aware that GOHIMALAYAN.COM provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes GOHIMALAYAN.COM to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time.
20. PROPRIETARY RIGHTS
20.1 GOHIMALAYAN.COM 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.
20.2 The User may use this material only as expressly authorized by GOHIMALAYAN.COM and shall not copy, transmit or create derivative works of such material without express authorization.
20.3 The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
20.4 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.
21. VISA OBLIGATIONS OF THE USER
GOHIMALAYAN.COM 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.
22. PERSONAL AND NON-COMMERCIAL USE LIMITATION
22.1 Unless otherwise specified, the GOHIMALAYAN.COM services are for the User's personal and non – commercial use.
22.2 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 GOHIMALAYAN.COM without the express written approval from GOHIMALAYAN.COM.
23. LIMITATIONS OF LIABILITY/DISCLAIMER
23.1 Information contained in the Site (including text, graphics, links or other material) are provided on an "as is," and "where available" basis.
23.2 GOHIMALYAN.COM makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the Site or any related materials, products, services, or information.
23.3 Under no circumstances, including, but not limited to, negligence, shall we, and/or our providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site.
23.4 In no event shall we, and/or our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages.
23.5 In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Your use of the Site shall be at your own risk. We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting reservations or bookings for such products and/or services (such as ground transportation, hotel accommodations, meals, tours, travel insurance, etc.).
24.1 All Users agree to protect, indemnify, defend and hold harmless GOHIMALAYAN.COM, its affiliates, their websites and their respective lawful successors and assigns and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
24.1.1 you or on your behalf in excess of the liability described above; or
24.1.2 by third parties as a result of:
a. your breach of these Terms, notices or documents referenced on the Site;
b. your violation of any law or the rights of a third party; or
c. your use of the Site
25. RIGHT TO REFUSE
25.1 GOHIMALAYAN.COM at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof.
25.2 Any contract to provide any service by GOHIMALAYAN.COM is not complete until full money towards the service is received from the customer and accepted by GOHIMALAYAN.COM.
25.3 Without prejudice to the other remedies available to GOHIMALAYAN.COM under this agreement or under applicable law, GOHIMALAYAN.COM 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 Site if:
25.4 The user is in breach of this agreement, the terms of service and/or the documents it incorporates by reference;
25.5 GOHIMALAYAN.COM is unable to verify or authenticate any information provided by the user; or
25.6 GOHIMALAYAN.COM 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 GOHIMALAYAN.COM.
25.7 GOHIMALAYAN.COM 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 GOHIMALAYAN.COM or use the Site in any manner whatsoever until such time that the user is reinstated by GOHIMALAYAN.COM.
25.8 Notwithstanding the foregoing, if the user breaches this agreement, GOHIMALAYAN.COM reserves the right to recover any amounts due and owing by the user to GOHIMALAYAN.COM and/or the service provider and to take strict legal action as GOHIMALAYAN.COM deems necessary.
26. RIGHT TO CANCELLATION BY GOHIMALAYAN.COM IN CASE OF INVALID INFROMATION FROM USER
26.1 The User expressly undertakes to provide to GOHIMALAYAN.COM 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 GOHIMALAYAN.COM.
26.2 In case GOHIMALAYAN.COM 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, GOHIMALAYAN.COM 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, GOHIMALAYAN.COM 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.
26.3 The User unequivocally indemnifies GOHIMALAYAN.COM of any such claim or liability and shall not hold GOHIMALAYAN.COM responsible for any loss or damage arising out of measures taken by GOHIMALAYAN.COM for safeguarding its own interest and that of its genuine customers. This would also include GOHIMALAYAN.COM denying/cancelling any bookings on account of suspected fraud transactions.
GOHIMALAYAN.COM reserves the right to change the terms, conditions, and notices under which the GOHIMALAYAN.COM is offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
28. REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
28.1 We appreciate hearing from you. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant GOHIMALAYAN.COM and the affiliated, co-branded and/or linked website partners through whom we provide service a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to
28.1.1 use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
28.1.2 use the name that you submit in connection with such Submission.
28.4 You are fully liable for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Site:
28.4.1 any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
28.4.2 any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
28.4.3 any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
28.5 You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that GOHIMALAYAN.COM may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
29. CURRENCY CONVERTER
29.1 The following terms and conditions shall apply if a currency converter is available on the Site:
29.1.1 Currency rates are based on various publicly available sources and should be used as guidelines only.
29.1.2 Rates are not verified as accurate, and actual rates may vary.
29.1.3 Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated.
29.2 The information supplied by this application is believed to be accurate, but the GOHIMALAYAN.COM and its affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
29.3 We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
30. BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. Your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Site. Booking international travel may be considered to be an international transaction by the bank or card Firm, since GOHIMALAYAN.COM may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
31.1 The Site, application and services are intended solely for persons who are 18 or older.
31.2 Any access to or use of the Site, application or services by anyone under 18 is expressly prohibited. By accessing or using the Site, application or services you represent and warrant that you are 18 or older.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GOHIMALAYAN.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for GOHIMALAYAN.COM (the “Site”). The Site is owned, operated and maintained by GoH Holidays (the “Firm”). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of GOHIMALAYAN.COM. If you do not agree to be bound by the terms and conditions of this Agreement, kindly do not use or access our services.
The Firm may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective in15days after they are initially posted on the Site. This Agreement may not be otherwise amended except in writing signed by you and GOHIMALAYAN.COM. This Agreement is effective upon acceptance in registration for new registering users.
1. MEMBERSHIP ELIGIBILITY
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended GOHIMALAYAN.COM members. If you are under the age of 18, you cannot use this service. If you do not qualify, please do not use our Site. Further, your GOHIMALAYAN.COM account and User ID may not be transferred or sold to another party. If you are registering as a business entity, (i.e. Hotel, or other Travel Services Vendor) you represent that you have the authority to bind the entity to this Agreement. If you are responding on behalf of a hotel, you must be a full time employee or owner of the hotel that has authorized access to the hotel's reservations system. For the purposes of this agreement “Hotel” includes all kind of stay options such as hotels, home-stays, bungalows, huts, camps, etc. and “Travel Service” include all ground travel services such as tours, treks, adventure activities, car hires etc.
2. GOHIMALAYAN.COM IS A PLATFORM
2.1 GOHIMALAYAN.COM acts as a platform to allow the Hotel and/or Travel Services Vendor (together “Suppliers” or “You”) to sell rooms and/or services (together “Services”) at any posted rate (subject to clause 8.7 below) to the end user. The Firm has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Firm cannot ensure that an end user will actually complete a transaction.
2.2 The Firm uses many techniques to verify the accuracy of the information our end users provide us when they register on the Site. However, because user verification on the Internet is difficult, GOHIMALAYAN.COM cannot and does not confirm each end user's purported identity.
2.3 Because The Firm is a platform, in the event that you have a dispute with one or more end users, you release GOHIMALAYAN.COM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
2.4 The Firm does not control the information provided by other users (both end users and Suppliers) that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and GOHIMALAYAN.COM is not responsible for the acts or omissions of users on the Site.
3.1 You shall display the availability of Services along with comprehensive and up to date information, including photographs, and facility/service descriptions, in order that the Services shall be available for booking.
3.2 Without limiting any other remedies, GOHIMALAYAN.COM may suspend or terminate your account if the Firm suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
3.3 You may not manipulate the price of any item nor may you interfere with other user's listings or transactions.
3.4 You agree, acknowledge and undertake that you are capable of providing, to reasonable satisfaction of end users, any Services listed by you on the Site as available and any bookings carried thereto shall be honoured by the Supplier.
3.5 In the event of the failure to honour said bookings the Supplier shall be liable to comply under clause 8 and also pay any additional damages as claimed by any customer or third party.
3.6 The price of services which you list on GOHIMALAYAN.COM shall be inclusive of commission for the Firm. Such commission shall be mutually decided between the Parties separately.
3.7 You understand, agree and acknowledge that the Firm has the right to alter the price of any Service anywhere between the listed rate and the net rate payable to the Supplier. In some rare circumstance, in accordance with market conditions, the Firm may decide to further reduce the price of listed Services below the net rate payable, in which case the Supplier shall be informed of such reduction in rates within a reasonable time as practicably possible.
4.1 This agreement may be terminated at any time for any reason by either party by giving thirty (30) days prior written notice to the other.
4.2 You shall honor any existing reservations from GOHIMALAYAN.COM at the time of termination, and all agreements herein with respect to these reservations shall survive the termination of the agreement. Both parties have full understanding in respect to the terms of this agreement, including rates for Services rendered by the Suppliers.
5. SUPPLIER INFORMATION
5.1 The Supplier warrants that all information provided either directly or indirectly to Firm pursuant to or in connection with this Agreement shall be up-to-date, truthful and accurate to the best of the Supplier’s knowledge and further shall not infringe the rights of any third party. Firm shall be entitled to rely on the aforementioned information and the Supplier shall be solely responsible for and shall be held liable for any loss which Firm incurs either directly or indirectly as a result of it relying on the same (including but not necessarily limited to any claim by end users concerning erroneous descriptions of the Services or other claims related to the Services provided by the Supplier).
5.2 The standard and quality of the Services supplied shall at all times be in accordance with and comply with such descriptions.
5.3 For the purpose of advertising, marketing or sale, the Supplier hereby grants to Firm a non-exclusive, non-transferable, worldwide, sublicensable, royalty-free licence to use, reproduce, display, transmit and redistribute in any manner whatsoever the Supplier's trademarks, photo’s, descriptions, other marks or images, logos and name (including the name of any Supplier chain to which the Supplier belongs).
6. OBLIGATIONS TO END USER
6.1 Should any incident befall an end user, the Supplier must inform Firm as soon as possible giving details of the incident. The Supplier agrees to co-operate fully with Firm in dealing with end user's claims or complaints and shall promptly do so ensuring that a detailed response is returned to Firm no later than 7 days from receipt. In the event that Firm is required to provide compensation to an end user due to an act or omission of the Supplier, the Supplier agrees to indemnify and reimburse Firm in full for such expense.
7. PAYMENT CONSIDERATION/FEES TAXES/TDS
7.1 GOHIMALAYAN.COM will be required to pay Supplier the net room rates for all reservations or the net charges for any other ground travel service, after deducting GOHIMALAYAN.COM margins as mentioned in the Online Form or at such rates as is mutually decided between the parties from time to time. GOHIMALAYAN.COM may also charge the end user any service charges and / or taxes as may be payable by the Firm at the time of booking.
7.2 GOHIMALAYAN.COM shall collect the payment for Services from the end user at the time of booking and shall remit the net rate payable to the Supplier (on as is where is basis), prior to the end user check-out from the hotel or after the complete service has been rendered to and consumed by the end user, as the case may be.
7.3 Any taxes, cess, levy etc. payable by the Supplier on the Services rendered are the responsibility of the Supplier and GOHIMALAYAN.COM shall not be held responsible or liable for any failure on the part of the Supplier to do so. The net rate payable to the Supplier shall be inclusive of such taxes, levy, cess etc payable by the Supplier to authorities. The Supplier is advised to factor all central, state and municipal taxes, levies and cess etc at the time of listing any Service on the Site.
7.3 In event of cancellation/refund of bookings and/or difference in reconciliations, the Supplier agrees that GOHIMALAYAN.COM shall forthwith adjust such payments in future bookings and/or raise Credit Note.
7.4 All additional and miscellaneous services availed by the end user during the stay to be charged directly to the end user.
7.5 It is further agreed that in event of any unwarranted claims or withholding of amount, the same shall be treated as a material breach of the Agreement. In such an event GOHIMALAYAN.COM shall be entitled to claim damages for the same.
7.6 In the case of a customer dispute, discrepancy or audit by legal or any other authorities, Supplier shall produce evidence of guest occupancy of hotel room or consumption of services, as the case may be.
7.7 Notwithstanding the aforesaid GOHIMALAYAN.COM shall not be liable in case of Force Majeure events or in respect to events beyond its control.
8. SUPPLIER OBLIGATIONS
8.1 The Supplier must honour all bookings and Firm does not accept any overbookings. Firm shall not be liable, nor bear any risk, for failing to sell the Services.
8.2 The parties agree that no cancellation and/or penalty charges shall apply unless otherwise agreed in writing in advance of the booking and provided further that Firm shall only be liable to pay any such cancellation and/or penalty charges which it has been notified of at the time that the charge arose and subsequently acknowledged.
8.3 The Supplier shall use commercially reasonable efforts to ensure that, upon commencement of the Services, the identification presented by an end user matches the booking information contained in the reservation information provided by Firm to the Supplier. If a reservation is a Potentially Fraudulent Reservation, as defined below, or certain data provided by an end user cannot be verified by Firm no less than 12 hours prior to the commencement of the Service, then the Supplier and Firm shall work together to address the Potentially Fraudulent Reservation, which may include cancelling such reservation at any time up to 12 hours prior to the commencement of the Service.
“Potentially Fraudulent Reservation” means: (i) a reservation that results from invalid or incorrect information supplied to Firm at the time of booking, or as a result of a credit/debit card dispute, or as a result of a report of unauthorized charges; or (ii) bookings that may be associated with previous high risk or fraudulent transactions. The parties agree that should the Supplier not comply with this clause and the reservation is subsequently found to be a Potentially Fraudulent Reservation then Firm shall not be liable for any cancellation charges or other costs associated with the booking.
8.4 The Supplier will notify Firm at the earliest possible opportunity, of any building, renovation, updates or other work (irrespective of who is carrying out the work) that will alter in any way the ability of the Supplier to provide the Services and/or which might affect an end user or potential end user’s enjoyment whilst using the Service. For the avoidance of doubt, clause 8.5 shall apply in the circumstances where the Supplier is unable to provide the Service as a result of the aforementioned.
8.5 In the extreme circumstance where the Supplier fails, or is unable to provide Services as may be contracted (which together shall for the purpose of this clause be referred to as “Arrangements”), the Supplier shall immediately notify Firm. In these circumstances the Supplier shall endeavour to find suitable alternative Arrangements of better (or at the very least comparable) quality, standard and location (which shall be subject to Firm’s prior approval). Failure to do so entitles Firm to find suitable alternative Arrangements at its sole discretion. The Supplier agrees to bear any difference between the cost of the alternative Arrangements and the booking rates and further the Supplier shall be liable for and shall reimburse Firm for all costs, expenses, fees, penalties or other charges incurred or suffered by Firm as a result of the Supplier’s acts or omissions.
8.6 In circumstances where the Supplier has not provided the Services (other than due to Force Majeure Event) the Supplier shall be liable for and shall reimburse Firm for all costs, expenses, fees, penalties or other charges incurred or suffered by Firm as a result of the Supplier's acts or omissions (including for the avoidance of doubt any penalty charges imposed by law). Further Firm reserves the right to claim for compensation for any and all losses or damages (including any loss of revenue or opportunity) it incurs as a result of the Supplier's action and the Supplier agrees to pay any such compensation.
8.7 Supplier shall list on GOHIMALAYAN.COM it’s most favourable rates as offered by the Supplier through its own distribution channels or to any other third party. Periodically GOHIMALAYAN.COM will conduct hotel/services rate audits. If a listed rate has become uncompetitive for any reason, the Supplier must adjust the listed rate to be inline with other discounted and transient rate promotions over the listed dates. GOHIMALAYAN.COM also reserves the right to adjust or alter the listed rate as may be required, in accordance with clause 3.7.
9. CHANGE OF OWNERSHIP
In the event that the Supplier sells, leases or otherwise disposes of its interest in the Services that this Agreement applies to, the Supplier shall use all reasonable commercial efforts to give Firm at least 3 months prior notice in writing of its intention. In the event of such sale, lease or other disposition of such Services, the Supplier will expressly provide in the contract of sale, lease or disposition that this Agreement (including all bookings) will be honoured by the purchaser, lessee or other new party.
Without limiting other remedies, The Firm may limit your activity, immediately remove your listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) The Firm is unable to verify or authenticate any information you provide to us; or (c) The Firm believes that your actions may cause financial loss or legal liability for you, our users or us.
12. CONFIDENTIAL INFORMATION
12.1 Client/user Information is strictly confidential and is for the sole intended use of booking of Services. The Supplier is strictly prohibited from sharing the confidential contact information or referring our clients/users to any other suppliers or organizations except through the Firm. Any attempts to use this confidential information outside of its intended use are strictly prohibited by law. If the Supplier would like to refer the client/user to a partner or sister hotel or travel services vendor for any reason, such hotel or travel services vendor must be a registered user of GOHIMALAYAN.COM and its Services must be listed on the Site.
12.2 Each party agrees that: (i) all Confidential Information shall remain the exclusive property of the owner; (ii) it shall maintain, and shall cause its employees and agents and subcontractors to maintain, the confidentiality and secrecy of the other party's Confidential Information; (iii) it shall take all reasonable action necessary to ensure that its employees and agents do not copy, publish, manipulate, disclose to others or otherwise use the Confidential Information of the other party; and (iv) it shall return or destroy all copies of the other parties Confidential Information upon request of the other party, and indemnify and hold harmless the owner from and against all damages and expenses (including attorney fees and costs) arising from a breach of this provision.
12.3 Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes a part of the public domain through no act or omission on the part the receiving party, (ii) is disclosed to third parties by the owner without restriction on such third parties, (iii) is in the receiving party's possession, without actual or constructive knowledge of an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, (iv) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, (v) is independently developed without access or reference to the disclosing party's Confidential Information, or (vi) is released from confidential treatment by written consent of the disclosing party.
13. NO WARRANTY
The Firm, our subsidiaries, officers, directors, employees and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. GOHIMALAYAN.COM, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
14. LIABILITY LIMIT
In no event shall the Firm, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this Agreement (however arising, including negligence).
You agree to indemnify and hold the Firm and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. COMPLIANCE WITH APPLICABLE LAWS
16.1 You shall comply with the applicable state and central laws and regulations and with municipal regulations applicable in respect of safety, health, hygiene, fire regulations etc., and ensure their enforcement in respect of the relevant hotel facility.
16.2 You shall also co-operate and provide all necessary assistance with GOHIMALAYAN.COM in case of any audit, enquiry, investigation, dispute and/ or litigation.
17. NO AGENCY
You and GOHIMALAYAN.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. RESOLUTION OF DISPUTES
18.1 In the event a dispute arises between you and GOHIMALAYAN.COM, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GOHIMALAYAN.COM agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved through arbitration.
18.2 Before resorting to arbitration, GOHIMALAYAN.COM strongly encourages you to first contact us directly to seek a resolution and the Firm will also consider reasonable requests to resolve the dispute through mediation, as an alternative
18.3 This Agreement shall be governed by, construed and enforced in accordance with the laws of India and the Courts in New Delhi shall have exclusive jurisdiction.
18.4 In the event the of any dispute between the parties the same shall be resolved through arbitration of Sole Arbitrator, nominated and appointed by GOHIMALAYAN.COM, as per the Arbitration and Conciliation Act, 1996 and its statutory modifications. Supplier by consenting the terms of this Agreement and/or adhering to the same accepts the appointment of such a Sole Arbitrator, by GOHIMALAYAN.COM, to resolves any disputes among them.
18.5 The proceedings shall be conducted in English and the venue shall be New Delhi.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GOHIMALAYAN.COM OFFERS YOU ACCESS TO THE BLOG FEATURE ON THE WEBSITE.
Please read this Agreement carefully before accessing or using the blog feature on the Website. If you do not agree to all the terms and conditions of this Agreement, then you may not access the blog feature on the Website.
YOUR GOHIMALAYAN.COM BLOG AND ACCOUNT.
You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify GoH Holidays of any unauthorized uses of your blog, your account or any other breaches of security. GoH Holidays will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
RESPONSIBILITY OF CONTRIBUTORS.
2.1 If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy of any third party;
your blog is not presented in a manner that misleads your readers into thinking that you are another person or Firm; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GoH Holidays or otherwise.
2.2 By submitting Content to GoH Holidays for inclusion, you grant GoH Holidays a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog and the Website. This license allows GoH Holidays to make publicly-posted content available to third parties selected by GoH Holidays so that these third parties can analyze and distribute your content through their services.
2.3 You also give other GOHIMALAYAN.COM users permission to share your Content and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to your blog.
2.4 Without limiting any of those representations or warranties, GoH Holidays has the right (though not the obligation) to, in GoH Holidays’ sole discretion (i) refuse or remove any content that, in GoH Holidays’s reasonable opinion, violates any GoH Holidays policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in GoH Holidays’s sole discretion.
ADVERTISEMENTS.GoH Holidays reserves the right to display advertisements on your blog.
TERMINATION.GoH Holidays may terminate your access to blog feature or to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GOHIMALAYAN.COM account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.