This user agreement (“Agreement”) integrates the terms of service of Exploro Travels Private Limited having its registered office at 2nd Floor, A-36, Nirman Vihar, Delhi – 10092, India (“Company”) to provide services and products to its user(s) by using the website of the Company or through any other designated channel and creates a binding contract between you, the user and the Company.

 

The Company shall provide you (“User”) travel-related information, itinerary, pricing, availability and reservations for holiday packages across cities and rural areas throughout India and abroad (“Services”) and official merchandise (“Products”). The Services may be availed by the User at any time during the year as is offered by various third parties on the website of the Company.

 

1. Users Liability

 

1. 1.1. The User hereby agrees that by accessing or using this site or using any of its services, the User agrees to be bound by the terms and conditions mentioned below, including any supplementary guidelines and the Company may change, alter or remove any part of these below provided terms and conditions without any prior notice.

 

1. 1.2. The Company has all the rights to conclude the access to any of its services without any prior notice, for any reason. There are certain Products or Services to be provided by third parties. Besides this Agreement, User has to understand the terms of service of such third parties.

 

1. 1.3. Such terms of Services will be provided and will be updated by the Company and shall be considered to be the part of this Agreement. The User should read and accept the terms and conditions with respect to the Services/ Products availed by them. Services/Products of the Company are offered to the User on the condition of accepting the same without any modification(s). For further removal of any doubt, it is hereby clarified that by availing the Services/ Products of the Company, the User shall be deemed to have agreed to this Agreement and the terms and conditions mentioned herein. If the User does not agree with any part of this Agreement or the associated terms and conditions herewith, the User should not avail the Products/ Services offered by the Company.

 

1. 1.4. The User also understands that the Products/ Services may include certain communications from the Company as Service announcements and administrative messages. The User understands and agrees that the Products/ Services are provided on an "as is" basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.

 

1. 1.5. The User also agrees and undertakes to immediately notify the Company of any unauthorized use of the User's password or user id and to ensure that the user logs off at the end of each session at the website. The Company shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.

 

1. 1.6. Furthermore, the User grants the Company the right to disclose to third parties User’s information to the extent necessary for the purpose of carrying out the Services and/or sale of Products.

 

1. 1.7. All rights and liabilities of the user and the Company with respect to any Services or Products facilitated by the Company shall be restricted to the scope of this Agreement.

 

1. 1.8. The User agrees that and understands that the activities involves risks and the Company shall not be liable for any damages if caused to the User during the trip.

 

1. 1.9. The User further agrees to abide by the local laws of the land visiting and shall not hold Company responsible for any penalty or fine imposed.

 

1. 1.10. The User furthermore agrees that in case of any misconduct by the User during the trip, the expert and the facilitator shall collectively have the right to terminate the trip for such User and the User agrees that the User shall not be eligible to claim any refund from the Company with respect to the same.

 

1. Eligibility

 

1. 2.1. The User must be at least 18 years of age and must possess the legal authority to enter into this Agreement so as become a User and use the Products/ Services of the Company. If you are a minor or are below the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website.

 

1. 2.2. As a minor if you wish to use or transact on the website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.

 

1. Content

 

1. 3.1. All content provided through various channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by the Company and protected under applicable intellectual property laws. It is hereby clarified that User cannot use the Content for any other purpose, except as specified herein. The User further agrees to follow all instructions provided by the Company which will prescribe the way such User may use the Content.

 

1. 3.2. There are a number of proprietary logos, service marks and trademarks displayed on the website of the Company and through other channels of the Company, as may be applicable and the Company does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.

 

1.  Disclaimer of Warranties/ Limitation of Liability

 

1. 4.1. The Company has endeavored to ensure that all the information provided by it is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information.

 

1. 4.2. The Company makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.

 

1. 4.3. Although the Company makes reasonable commercial efforts to ensure that the description and content on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.

 

1. 4.4. Also, the Company is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the service providers. The Company acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by service providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to service providers.

 

1. 4.5. All refunds to User on account of cancellation of any tickets/services or otherwise shall be made subject to receipt of such refunds by the Company from the respective service provider including airlines.

 

1. 4.6. The Company does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.

 

1. 4.7. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from the Company.

 

1. 4.8. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

 

1. 4.9. The maximum liability on part of the Company arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User for providing the services less any cancellation, refund or others charges, as may be applicable. In no case the Company shall be liable for any consequential loss, damage or additional expense whatsoever. In no event the Company shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User.

 

1. Use of Information and Content

 

1. 5.1. The Company shall roll out feedback forms for the Users at the end of the trip and the User provides its consent to the Company to use such information to improve services and products of the Company.

 

1. 5.2. The User further provides its consent to the Company to use photographs and videos shot on the trip of the User for marketing and advertising purposes.

 

1. Fees Payment

 

1. 6.1. In addition to the fee for the bookings, the Company reserves the right to charge transaction fees based on certain completed transactions using the Services of the Company. The Company further reserves the right to alter any and all fees from time to time, without notice.

 

1. 6.2. The Company reserves the right to charge fees for the Products purchased from the website of the Company. The Company further reserves the right to alter any and all fees from time to time, without prior notice.

 

1. 6.3. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Products/ Services of the Company.

 

1. 6.4. In the rare circumstance of a booking not getting confirmed for any reason whatsoever, the Company will process the refund of the booking amount paid by the User and intimate the User about the same. The Company is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and the Companies as the case may be.

 

1. Insurance

 

1. 7.1. Unless explicitly provided by the Company in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case the Company shall accept any claims arising out of such scenarios.

 

1. 7.2. Insurance, if any provided as a part of the Services or Products by the Company shall be as per the terms and conditions of the third-party insurance company. The Company merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. The Company shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

 

1. Breach

 

1. 8.1. Without prejudice to the other remedies available to the Company under this Agreement, or under applicable law, the Company may limit the User's activity, 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 website if:

 

(a) the User is in breach of this Agreement, and/or the documents it incorporates by reference;

 

(b) the Company is unable to verify or authenticate any information provided by the User; or

 

(c) the Company 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 the website and/or the Company.

 

1. Relationship

 

None of the provisions of this Agreement, terms and conditions, notices or the right to use the website by the User contained herein or any other section or pages of the website and/or the linked sites, shall be deemed to constitute a partnership between the User and the Company and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

 

1. Indemnification

 

The User agrees to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.

 

1. Severability

 

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

 

1. Termination of Agreement and Services

 

1. 12.1. Either the User or Company may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

 

1. 12.2. The User agrees that the Company may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified.

 

1. 12.3. This Agreement may be terminated by either the User or the Company through a written notice to the other. The Company shall not be liable to the User or any third party for termination of any Services or delivery of Products. Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Services and/or Products in any way, the User's only recourse is to immediately: (a) discontinue use of the website/Service; and (b) notify the Company of such discontinuance.

 

1. 12.4. Upon termination of the Services, User's right to use the website/Services and software shall immediately cease. The User shall have no right and the Company shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

 

1. Force Majeure

 

1. 13.1. In case of exceptional circumstances, the Company and / or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, war, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of the Company. If the Company has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators.

 

1. 13.2. The User agrees that the Company being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the service provider directly for any further resolutions and refunds. The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, the Company’s obligation shall be limited to refunding the booking amount, if any, received from the user. Such refund shall completely discharge the Company from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

 

1. 13.3. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or any other sales channel.

 

1. Governing Law

 

This Agreement shall be governed by and constructed in accordance with the laws of India and without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi, India.

 

1. Confidentiality

 

Any information which is specifically classified as confidential by the Company shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of this Agreement and the obligations of both the parties herein.

 

1. Grievance Redressal

 

1. 16.1. The Company strongly believes in resolving the issues raised by the User. In the event if user feels that it’s concern has not been resolved to it’s satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 days from the date of escalation.

 

1. 16.2. User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 days from the date of ticket generation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer.

 

 

1. Notice

 

1. 17.1. All notices and communications shall be in writing, in English and shall be deemed to be given if delivered personally or by commercial messenger or courier service, or mailed by registered mail (return receipt requested) or sent via email (with acknowledgment of complete transmission) to the following address:

 

(a) If to the Company, at the address posted on the website.

 

If to User, at the communication and/or email address specified in the form.