Terms & Conditions
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.