AGREEMENT BETWEEN CUSTOMER AND ONLINE ANDAMAN TRAVEL PVT. LTD.
This Website (the ‘Website’), is owned and operated by Online Andaman Travel Pvt. Ltd.,. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms ‘we’, ‘us’, ‘our’ and ‘OA’ refer to Online Andaman Travel Pvt. Ltd. (‘OA’). The term ‘you’ refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
If your booking or account shows signs of fraud, abuse, or suspicious activity, OA may cancel any travel or service reservations associated with your name, email address, or account, and close any associated OA accounts. In addition, OA may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, OA reserves the right to take any necessary legal action and you may be liable for monetary losses to OA, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact OA Customer Service.
SUPPLIER RULES AND RESTRICTIONS
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You will not post or transmit to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any materials that are objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or otherwise prohibited by applicable laws. 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 Website. You acknowledge that OA 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.
From time to time OA may offer customers incentives to leave reviews (i.e. discount coupon/entry into prize draws etc.) As it is important to us that reviews are impartial and honest, we make these incentives available to customers regardless of whether the review is positive or negative.
All photos submitted are subject to our Photo Submission Guidelines below. You agree to indemnify the OA Companies for any loss, claim, suits, or proceedings arising out of or in connection with your failure to adhere to our Photo Submission Guidelines.
OA claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
PHOTO SUBMISSION GUIDELINES
ACCEPTABLE PAYMENT METHODS
By booking with or through OA, you authorize the OA Companies and its agents and service providers to transact with your bank or other payment gateways on your behalf to obtain the necessary information required to process payment, confirm payment, resolve inquiries and billing disputes, and/or as otherwise required to manage the booking.
Agency Bookings: In some of the bookings, OA and/or any OA Companies (“Agent”) will only act as an intermediary between you and the service providers, and you agree that the contractual relationship will be directly between you and that service provider. The Agent’s sole role and responsibility is to transmit the details of your reservation to the relevant service provider ( “Service Provider” ), and send you a confirmation email for and on behalf of the relevant service provider ( “Agency Bookings” ). Payments for all the Agency Bookings will be in accordance with the terms and conditions set out by the Service Provider (“Service Provider’s Terms”). You agree to be bound by the Service Provider’s Terms, which could include (but not limited to) the Service Provider’s rules and restrictions regarding availability and use of fares, products, or services. Certain service providers could also offer the opportunity for reservations to be paid or a deposit to be taken during the reservation process by means of secure online payment. For all Agency Bookings, payments will be processed directly by the Service Provider on your credit/debit card or bank account.
Merchant Bookings: For transactions other than Agency Booking (“Merchant Bookings”), OA accepts cards with American Express, MasterCard or Visa branding, which your issuer allows you to use to make purchases online. You will not be asked to provide your online banking user name or password to the OA Companies (“Account Access Data”). The OA Companies do not want any information regarding your Account Access Data and you agree not to provide us with your Account Access Data.
For all Agency Bookings, by making a reservation with a Service Provider, you agree to the Service Provider’s terms and conditions of booking, as well as its cancellation, refunds and no-show policy – please read these carefully before making your reservation. Please note that certain rates or special offers are or may not be eligible for cancellation or change, and you will not be entitled to any refund of prepaid amounts. Please check the conditions thoroughly prior to making your reservations. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds will be at your own risk and account. For any alteration, review, cancellation or any adjustment to your reservation, please follow the instructions provided to you by the Service Provider, which may be set out in the confirmation e-mail. The Service Provider may charge you a fee for your cancellation or amendment in accordance with its policies.
FARES AND PRICES
Subject to the Note below, you acknowledge and agree that your credit card will be charged by the OA Companies or the supplier(s) with which your booking is made (as applicable) for the total booking price of the travel services in full at the time of the booking, which includes the price displayed on the Website, plus tax recovery charges, and service fees.
Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
Note: In the event that you book accommodation (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation).
PREPAID HOTEL RESERVATIONS
You acknowledge that the OA Companies pre-negotiate certain room rates with hotel suppliers. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf through OA and compensation retained by OA for its services. You authorize OA to book reservations for the total reservation price, which includes the room rate displayed on this Website, plus tax recovery charges, taxes (where applicable), and service fees. You agree that your credit card will be charged by OA Travel for the total reservation price. Upon submitting your reservation request you authorize the OA Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that the OA Companies pay to the hotel in connection with your bookings. The hotels charge the OA Companies for certain charges, including such tax amounts. The hotels are responsible for remitting these amounts to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual amounts paid by the OA Companies to the hotels in connection with taxes may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of your actual use of the hotel. In certain jurisdictions, VAT, GST or other similar taxes may be imposed on the booking price or the compensation OA retains for its services. The actual tax amounts on our services, if any, may vary depending on the rates in effect at the time of your hotel stay. We may retain service fees as additional compensation in servicing your travel reservation. Service fees retained by OA for its services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact OA’s group travel specialists by phone at +91-8001186060 or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
PAY NOW OR PAY LATER
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Online Now” option, the OA Companies will charge the amount shown to your credit card immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. The OA Companies’ Coupons may only be applied to ‘Pay Online Now’ bookings
BOOKING, CANCELLATION AND AMENDMENT CHARGES
If you want to change any details of your itinerary (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes can be made. You should call our Service Center +91 8001186060. We do not charge an amendment fee, however any charges passed on to the OA Companies by our suppliers such as airlines and hotels will be payable (if any). The price of your new arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you booked the products or services.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, OA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
LIMITATION OF LIABILITY AND DISCLAIMER
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the OA Companies and OA Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, OA expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the OA Companies and OA Affiliates do not guarantee the accuracy of the ratings. The OA Companies, the OA Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The OA Companies, the OA Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.
The OA Companies, the OA Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the OA Companies or the OA Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The OA Companies, the OA Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the OA Companies, the OA Affiliates and/or their respective suppliers are free of viruses or other harmful components. The OA Companies, the OA Affiliates and their respective suppliers hereby disclaim all warranties and conditions whether express or implied, with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the OA Companies or the OA Affiliates. The OA Companies and the OA Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. OA Companies are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs. Without limiting the foregoing, the OA Companies and the OA Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the OA Companies, the OA Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the OA Companies, the OA Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the OA Companies, the OA Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the OA Companies, the OA Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to the OA Companies in connection with such transaction(s) on this Website, or (b) One-Hundred United States dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify the OA Companies, the OA Affiliates, 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 third parties as a result of:
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than OA. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the OA Companies, OA Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
©2015 Online Andaman, Inc. All rights reserved.