Terms & Conditions for Website
Before using our services you are required to read the user agreement and accept all the terms and conditions. The same are listed below for your reference:
TERMS & CONDITIONS
‘Prasanna Holidays’ is the Holiday’s Division of ‘Prasanna Purple Mobility Solutions Pvt Ltd’.
This page sets forth the terms and conditions under which Prasanna Holidays provides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you shall be presumed to have agreed to the terms and conditions we have outlined below and these terms and conditions constitute your binding obligations towards Prasanna Holidays. If you do not accept these terms and conditions, do not continue to use or access this site.
This agreement (“user agreement”) incorporates the terms and conditions for Prasanna Holidays to provide services to the person (s) (“the User”) intending to purchase or inquiring for any products and/ or services of Prasanna Holidays by using Prasanna Holidays websites or using any other customer interface channels of Prasanna Holidays which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
Both User and Prasanna Holidays are individually referred as ‘party’ to the agreement and collective referred to as ‘parties’.USE OF SITE
Use of the Webiste is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, infirm, undischarged solvents are not eligible to use the Website.
Prasanna Holidays grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You shall not make reservation in the name of fictitious person. You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this site. You agree that you shall not take any action that imposes a burden or load on our infrastructure that Prasanna Holidays deems in its sole discretion to be unreasonable or disproportionate to the benefits Prasanna Holidays obtains from your use of the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offense or attempt to commit a criminal offense, or give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, worm or other harmful item or programme that may damage, detrimentally interfere with, surreptitiously intercept and/or expropriate any system, data or important information, (d) create any liability for us or cause us to lose (fully or partially) the services of our ISPs or other suppliers, or (e) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
AGE & RESPONSIBILITY
If you use this site, you alone are responsible for maintaining the confidentiality of your account information, username and your password/s. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract, and use this to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
ACCURACY OF INFORMATION
Prasanna Holidays does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will Prasanna Holidays be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information. The information on this Website may be changed or updated without notice. Prasanna Holidays may also make improvements and/or changes in the products, services and/or programs described on this site at any time without notice.
Information concerning Prasanna Holidays, or any of its subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of Prasanna Holidays and is confidential except for the necessary disclosures required by law.
Prasanna Holidays holds the copyright in respect of this site, and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Prasanna Holidays, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Prasanna Holidays. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.
ENFORCIBILITY OF THESE PROVISIONS
Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in manner so as to remain consistent with the original intent of Prasanna Holidays. Provisions not otherwise held invalid shall remain in force.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. IN NO EVENT WILL PRASANNA HOLIDAYS BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED OR INTERFACED WEBSITE OR DUE TO ACCESSING DATA RESIDING ON THIRD PARTY SERVERS NOT BELONGING TO PRASANNA HOLIDAYS.
PRODUCTS & SERVICES
Please Note that none of the information contained in this Website should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products Prasanna Holidays generally offers. The products and service statements on this Website are for general description purposes only. Furthermore, not all the products or services are available in every state or country. We do not own or operate any of the services hosted or available on our Website. We are mere service facilitators and do not guarantee the authenticity or genuineness of the products and services of the third party, although we take steps in selecting them.
Kindly refer to the respective product pages for the applicable Terms and Conditions.
Prasanna Holidays is travel and holiday organizers. We do not control or operate any airline neither do control or we own any shipping company hotel or transport or any other facility or service mentioned on the site. We take care in selecting all the principles however but because we select them- we have no control on running them. We cannot be held responsible for any lack of service by any independent agency airline transport hotel or any other service provider.
|Force Majure Circumstances|
|The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, natural calamities and ‘Act of God’ like Earthquakes; Floods; Volcanic; Eruptions; Tsunamis; Cloud burst etc, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Prasanna Holidays is informed in advance of such situations where dishonor 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. And any additional expenses which the User maybe forced to incur due to the above out of hand circumstances (like additional nights stay because of flight cancellations etc) cannot be claimed from by Prasanna Holidays. The user agrees that Prasanna Holidays being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.The User agrees that in situations due to any technical or other failure in Prasanna Holidays, services committed earlier may not be provided or may involve substantial modification. In such cases, if the User so desires, then Prasanna Holidays 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 Prasanna Holidays against such non-provision of services or deficiencies. This is only applicable for services not availed of and intimated to Prasanna Holidays much in advance and before the cancellation deadlines set by the final service providers. Additional liabilities, if any, shall be borne by the User.Prasanna Holidays shall not be liable for delays or inabilities in performance or nonperformance 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.
Without prejudice to whatever is stated above, the maximum liability on part of Prasanna Holidays 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 Prasanna Holidays for its services.
In no event shall Prasanna Holidays and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Prasanna Holidays website(s) or any other channel . Neither shall Prasanna Holidays be responsible for the delay or inability to use the Prasanna Holidays websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Prasanna Holidays website(s), or otherwise arising out of the use of the Prasanna Holidays website(s), whether based on contract, tort, negligence, strict liability or otherwise.
Prasanna Holidays 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.
PROMOTIONS / OFFERS / SCHEMES
Please note that in case of special offers, promotions or schemes additional terms and conditions of these offers, promotions or schemes will be applicable in addition to these terms and conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions or schemes in order to be eligible to avail benefits under such offers, promotions or schemes. If you fail to make the payment by the due date and/or do not comply with all the terms and conditions of the offer, promotion or scheme you would not be entitled to receive the benefit under such offer, promotion or scheme.
HEALTH AND INSURANCE
It is advisable that the passenger acquires adequate insurance cover to secure their life health and property. It is mandatory that you purchase an Overseas Mediclaim and other Insurance Policies to cover the risk to life, limb and property whilst on tour from the insurance company identified and named by Prasanna Holidays at the prescribed rate.
You must check the accuracy and correctness of the policies and in case of any errors report the same to the Insurance Company to rectify it as Prasanna Holidays will not be responsible for the same.
Please note that any claim would have to be referred by you directly to the insurance company and we are only the facilitators. Please ensure that you must carry your travel insurance policy document with you on your tour.
The information provided on this site is distributed with the understanding that Prasanna Holidays is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.
Prasanna Holidays specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose. Prasanna Holidays shall not be liable for any damages resulting from the use or misuse of this site or the information on this site.
All online payments that happen for any of the products booked via www.prasannaholidays.com site is secure. Prasanna Holidays does not store the Credit card details of any customer in their database or in any data backup system or retrieval systems. Once you are ready to transact you are transferred to the bank site. The card details are captured on the credit card site and not ours hence we cannot be held responsible for any misuse of credit card what so ever.
If the tour or any part thereof cannot be conducted due to Force Majeure or Vis Majeure, the Company shall not be responsible to give any refund to you. However, at its sole discretion, the Company gives the refund based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators, etc. the decision of the Company on the quantum of refund shall be final.
It would take at least 45 days to process the refund (if due).
It is clearly understood that there shall be no refund whatsoever if the Client does not or cannot utilize any of the services like hotels, sightseeing, rides, cruises, meals, entrance fees, optional tours etc due to any reason whatsoever.
ARBITRATION AND GOVERNING LAW
All legal disputes will be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, arising under this Agreement, such dispute shall be settled through good faith negotiation among the parties. In case such dispute can not be resolved by negotiation within 30 days such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Mumbai, India. The decision of the arbitral tribunal shall be final and binding upon the parties. In case of the dispute requiring intervention of courts, courts in Mumbai alone shall have exclusive jurisdiction.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Prasanna Holidays as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Prasanna Holidays shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Prasanna Holidays in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Prasanna Holidays prompts all its users to register at one time. The details captured during registration are purely to provide better service in future.
Prasanna Holidays will not be sharing these details with any other third party.
TERMINATION & SEVERABILITY
Prasanna Holidays may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which Prasanna Holidays and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Prasanna Holidays and its third party providers or distributors, as applicable. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.