The following Terms and Conditions ("Terms") are a contract between you and www.indextravels.com
("Index Travels" or "Website"), a site owned and operated by Index Travels u/o of
Index India Pvt Ltd. Index travels reserves the right to modify the Terms without
any prior notification. You are advised to regularly review the Terms. If you do
not agree with any of the Terms and any amendments thereto, you must not use this
site/service. This website and the associated service are intended for the use of
persons legally qualified to enter into a contract. By using the Site you acknowledge
and confirm that you are legally qualified to enter into a contract and have read,
understand and agree to be bound by these Terms.
1. Description of Site and Service:
The Website allows you to search and book across multiple providers of travel services.
Based on your search criteria, Index Travels sends out requests to multiple vendors
and affiliate partners and displays the results returned. You are allowed to click
through to these third party supplier's websites and make bookings directly on their
site. Furthermore, index Travels website displays many travel deals offered by third
parties. Based on your selection, Index Travels links you to these third party supplier's
website where you can make your bookings. From time to time, you may also receive
travel deal information from third party suppliers if you agree to receive our email
newsletters. Any selection of these deals would again link you to the third party
supplier's website where you can fulfill your booking. Your access and use of the
Service and Index Travels Web site and any content made available through the Service
or Index Travels Web site constitutes your agreement to these Terms Additionally,
the Service Provider itself may provide terms and guidelines that govern particular
features, offers or the operating rules and policies applicable to each Service
(for example, flights, hotel reservations, packages, etc.). The User shall be responsible
for ensuring compliance with the terms and guidelines or operating rules and policies
of the Service Provider with whom the User elects to deal, including term s and
conditions set forth in a Service Providers' fare rules, contract of carriage or
other rules.
2. Third Party Account Information:
By using the Account Access service in index Travels websites, the User authorizes
Index Travels and its agents to access third party sites, including that of Banks
and other payment gateways, designated by them or on their behalf for retrieving
requested information.
While registering, the User will choose a password and is responsible for maintaining
the confidentiality of the password and the account. The User is fully responsible
for all activities that occur while using their password or account. It is the duty
of the User to notify Index Travels immediately in writing of any unauthorized use
of their password or account or any other breach of security. Index Travels will
not be liable for any loss that may be incurred by the User as a result of unauthorized
use of his password or account, either with or without his knowledge. The User shall
not use anyone else's password at any time.
3. Fees Information:
Index Travels reserves the right to charge listing fees for certain listings, as
well as transaction fees based on certain completed transactions using the services.
Index Travels 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.
In case, there is a short charging by Index Travels 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.
In the rare possibilities of the reservation not getting confirmed for any reason
whatsoever, we will process the refund and intimate you of the same. Index Travels
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
4. Restrictions:
You agree not to use the service if you are not of a legal age to be able to form
legally binding contracts; Submit misleading or inaccurate Content; Use the Service
to violate any applicable local, national or international laws, third party rights,
or Terms or our policies; If you engage in the above mentioned prohibited actions
or indulge in activities deemed contrary to these Terms, we may limit, suspend,
or terminate your use of the Service and take any and all available technical and
legal actions we deem necessary. In addition, in case of involvement with certain
activities mentioned above, you may also be subject to other legal penalties under
applicable law.
5. Third party content and links to Third Party Websites:
Index Travels has affiliated with a number of service providers which provides links
to third party providers as a part of its service. Presence of a third party link,
trademark or brand on our Site is not necessarily an indication of an endorsement,
adoption, authorization, sponsorship, affiliation, joint venture or partnership
by or with us. You hereby acknowledge and understand that index Travels does not
own, control or operate the websites whose links have been provided on index Travels.
You also understand that index Travels is neither liable nor responsible for any
Content, services or products provided on these websites. Index Travels does not
provide any assurance about the quality of products and services provided on these
third party websites. You should make your own enquiries about the quality and reliability
of these products, services and suppliers before proceeding ahead with any transactions.
You understand that your transactions and interactions with third party websites
is at your own risk and index Travels shall in no way be held liable for the errors,
representations, warranties, breaches or negligence of these suppliers or the resulting
damage to person and /or property resulting there from.
6. Modifications to the Service:
Index Travels retains its right to discontinue or modify the Service or any part
thereof for any period of time, any number of times with or without advance notice.
Index Travels may, at its discretion, provide notices of changes on the Site or
through e-mail. You acknowledge and agree that Index Travels will not be liable
to you or to any third party for any such modification, suspension or discontinuance
of the Service.
7. Changes to the terms:
Index Travels retains its right to change these Terms anytime in the future. You
should periodically check and review these Terms to make sure that you are aware
of any changes and continue to agree with them. Index Travels website shall have
a copy of the current Terms readily accessible at all times for your review. Your
use of the Website and associated Service following any change implies your continued
agreement with the latest Terms in force.
8. General Disclaimer:
You agree that the disclaimers, exclusions and limitations set out in these terms
are reasonable. The information displayed on this site is based on information collected
from travel websites on the internet. This site contains information about airlines,
airfares, on hotels, cars, buses, tourism packages and various travel deals in the
future. The prices listed on this site should be taken as indicative in nature and
hence are subject to change from time to time without any prior notification. Index
Travels neither represents nor warrants that the prices shown on this site shall
be the same as at the time of purchase or intended purchase or any other purpose
or usage. The availability and price information displayed on Index Travels are
published prices and availability taken from the respective third party websites.
The users should directly check with the respective airline/hotel/online travel
agency website for promotional offers and such other information, if any. Index
travels expressly disclaims any warranties whether express or implied about the
suitability, reliability, availability, timeliness, correctness, completeness, quality,
continuity, performance, fitness of products, services contained/displayed within
this site for any purpose. All such information, software, products, services and
related graphics are provided "as is" without warranty of any kind. Index Travels
hereby disclaims all warranties and conditions with regard to this service, software,
products and services, including all implied warranties and conditions of merchantability,
fitness for a particular purpose, workmanlike effort, title and non-infringement.
9. Limitation of Liability:
Under no circumstances will index travels or its agents be liable to you for any
indirect, incidental, consequential, special, exemplary, or punitive damages (without
limitation, to the costs of procurement of substitute goods or services, lost profits,
or lost data) arising out of or relating to this agreement or the service, whether
such claim is based on warranty, contract, tort (including negligence), statute
or otherwise, (even if index travels or its agents have been advised of the possibility
of such damages). This limitation of liability will apply whether the damages arise
from use or misuse of or reliance on the service, from inability to use the service,
or from the interruption, suspension, malfunction, or termination of the service.
this limitation will also apply with respect to damages incurred by reason of other
services or goods received through or advertised on the service or received through
any links displayed through the service, as well as by reason of any information
or advice received through or advertised on the service or received through any
links provided in the service. such limitation will apply notwithstanding any failure
of essential purpose of any limited remedy and to the fullest extent permitted by
law and even if index travels or its agents have been advised of the possibility
of such damages. Some jurisdictions do not allow the exclusion or limitation of
liability for incidental damages, consequential damages, or intentional conduct,
so the above limitations and exclusions may not apply to you. in such jurisdictions,
the foregoing limitations shall apply to the fullest extent permitted by law. in
no event shall index travels be liable to any claim or claims arising out of or
relating to this agreement or the service, whether such claim is based on warranty,
contract, tort (including negligence), statute or otherwise, (even if index travels
or its agents have been advised of the possibility of such damages).
10. Miscellaneous:
This site is created and controlled by Index India Pvt. Ltd., New Delhi, India;
as such the laws of India shall apply. Use of Index Travels Website and Service
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India.
These Terms constitute the entire agreement between you and Index Travels with respect
to the Service and the Index Travels Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and Index Travels with respect to the Service.
11. Force Majeure:
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,
labor unrest, insolvency, business exigencies, government decisions, operational
and technical issues, route and flight cancellations etc. If Index Travels 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.
The user agrees that Index Travel 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 Index Travels,
services committed earlier may not be provided or may involve substantial modification.
In such cases, Index Travels 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 Index Travels against
such non-provision of services or deficiencies. Additional liabilities, if any,
shall be borne by the User. Index Travels 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
Index Travels 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 Index travels for its services.
In no event shall Index Travels 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 Index Travels website(s)
or any other channel . Neither shall Index Travels be responsible for the delay
or inability to use the Index Travels 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 Index Travels website(s), or otherwise
arising out of the use of the Index Travels website(s), whether based on contract,
tort, negligence, strict liability or otherwise.
Index Travels 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.
Corporate Office:
The customer is aware that Index Travels provides various services like hotel bookings,
car rentals, holidays and would like to learn about them, to enhance his / her travel
experience. The customer hereby specifically authorizes Index Travels 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. In case that the customer chooses not to be contacted, he / shall write to
Index Travels for specific exclusion at customersupport@indextravels.com.
12. Feedback from Customers and Solicitation:
Index Travels retains its right to change these Terms anytime in the future. You
should periodically check and review these Terms to make sure that you are aware
of any changes and continue to agree with them. Index Travels website shall have
a copy of the current Terms readily accessible at all times for your review. Your
use of the Website and associated Service following any change implies your continued
agreement with the latest Terms in force.
13. Proprietary Rights:
Index Travels 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.
The User may use this material only as expressly authorized by Index Travels in
writing and shall not copy, transmit or create derivative works of such material
without express authorization. The User acknowledges and agrees that he/she shall
not upload post, reproduce, or distribute any content on or through the Services
that is protected by copyright or other proprietary right of a third party, without
obtaining the written permission of the owner of such right.
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.
14. Personal And Non Commercial Use Limitations:
Unless otherwise specified, the Index Travels services are for the User's personal
and non - commercial use. 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 Index Travels
website(s) without the express written approval from Index Travels.
15. Right To Cancellation by Index Travels in case of Invalid Information from User:
The User expressly undertakes to provide to index Travels 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 Index
Travels.
In case Index Travels 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, Index Travels 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, Index Travels 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.
The User unequivocally indemnifies Index Travels of any such claim or liability
and shall not hold Index Travels responsible for any loss or damage arising out
of measures taken by Index Travels for safeguarding its own interest and that of
its genuine customers. This would also include Index Travels denying/cancelling
any bookings on account of suspected fraud transactions.
16. 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.
17. Headings:
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement, the TOS or the right to use the Website by the User
contained herein or any other section or pages of the Website or any Linked Sites
in any manner whatsoever.