Choice of over 50,000 Hotels, Resorts & Villas Worldwide
>
Best prices and special deals with
instant confirmation on hotel bookings
>
SSL Secured Payment Gateway
Holiday Planner
24
Hour Guarantee
Planning a holiday & don't know where to go? Let our experienced travel consultant help you find the trip that is right for you.
TUI India
Whether you are looking for great travel deals on family holidays, beach holidays, romantic holidays, religious holidays, weekend getaways, city breaks or luxury holidays - you can find your perfect getaway with TUI. Book with the confidence of knowing that TUI India is part of TUI Travel PLC, world's largest travel organization and Le Passage to India, India's No.1 destination management company.
ACCEPTANCE OF TERMS
1.1
TUI.IN website ("Website") is an internet based travel portal operated by TUI India, company incorporated under the laws of India , with its registered office at Suite 10A , Ist Floor, Gobind Mansion , Connaught Place , New Delhi - 110 001
1.2
Through the Website, TUI India shall provide you ("User") travel-related
information, pricing, availability and reservations for airlines, hotels,
railway, holiday packages, bus and car rentals across cities and rural areas
throughout India ("Service"), as more particularly described
and defined in the terms of service ("TOS") relating to such
Service, as set out in Annex 1; This Service may be availed by the User, his
family members and friends in India at any time during the year through vendors
("Service Providers").
1.3
This User Agreement ("Agreement") sets out the terms and conditions on which TUI India shall provide the Services to
the User through the Website. In addition to this Agreement and depending on
the Services opted for by the User, the User shall be required to read and
accept the relevant TOS for such Service, which may be updated or modified by
TUI India from time to time. Such TOS shall be
deemed to be a part of this Agreement and in the event of a conflict between
such TOS and this Agreement, the terms of this Agreement shall prevail.
1.4
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this
Agreement and the TOS, as may be posted on the Website from time to time. For
the removal of doubts, it is clarified that use of the Website by the User
constitutes an acknowledgement and acceptance by the User of this Agreement and
the TOS. If the User does not agree with any part of such terms, conditions and
notices, the User must not use the Website.
1.5
Additionally, the Service Provider 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 terms and conditions set forth in a Service
Providers' fare rules or contract of carriage. In the event that any of the
terms, conditions and notices contained in this Agreement or the TOS conflict
with the additional/other terms and guidelines specified by the Service
Provider, then the latter terms/guidelines shall prevail.
1.6
TUI India at its sole Discretion Reserves The Right Not
To Accept Any Order Placed By The User Through The Website Without Assigning
any Reason Thereof. Nay Contract To Provide Any Service By TUI India is Not Complete Until Full Money Towards The Service Is
Received From The User and Accepted by TUI India.
MODIFICATION OF TERMS
TUI India reserves the right to change the terms, conditions and
notices under which the Services are offered through the Website, including but
not limited to the charges for the Services provided through the Website.
The User shall be responsible for regularly reviewing these terms and
conditions.
LIMITED USER
4.1
The User agrees and undertakes not to sell, trade or resell or exploit for any
commercial purposes, any portion of the Service. For the removal of
doubt, it is clarified that the Website is not for commercial use but is
specifically meant for personal use only.
4.2
The User further agrees and undertakes not to reverse engineer, 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 Website. Limited reproduction and copying of
the content of the Website is permitted provided that the TUI.IN
name is stated as the source. For the removal of doubt, it is clarified
that unlimited or wholesale reproduction, copying of the content for commercial
or non-commercial purposes and unwarranted modification of data and information
within the content of the Website is not permitted.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1
TUI.IN HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE
WEBSITE IS CORRECT, BUT TUI.IN NEITHER WARRANTS NOR MAKES ANY
REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR
INFORMATION CONTAINED. TUI.IN 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 THE INFORMATION
CONTAINED IN THE WEBSITE.
5.2
SINCE TUI.IN ACTS ONLY AS A BOOKING AGENT, TUI India SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR
ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE SERVICE PROVIDER AND THE USER AS
REGARDS THE STANDARDS OF SERVICES PROVIDED BY THE SERVICE PROVIDERS. IN NO
CIRCUMSTANCES SHALL TUI India BE LIABLE FOR THE SERVICES
PROVIDED BY THE SERVICE PROVIDER.
5.3
ALTHOUGH TUI India MAKES REASONABLE COMMERCIAL EFFORTS
TO ENSURE THAT THE DESCRIPTION AND CONTENT IN THE TOS AND 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. ALSO, TUI India IS NOT THE SERVICE PROVIDER AND CANNOT THEREFORE
CONTROL OR PREVENT CHANGES IN THE PUBLISHED DESCRIPTIONS WHICH ARE BASED UPON
INFORMATION PROVIDED BY THE SERVICE PROVIDERS.
5.4
TUI India DOES NOT ENDORSE ANY ADVERTISER ON ITS WEBSITE IN ANY
MANNER. THE USERS ARE REQUESTED TO VERIFY THE ACCURACY OF ALL INFORMATION
ON THEIR OWN BEFORE UNDERTAKING ANY RELIANCE ON SUCH INFORMATION.
5.5
TUI India 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.
5.6
IN NO EVENT SHALL TUI India 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 THE USE OR PERFORMANCE
OF THE WEBSITE.
NEITHER SHALL TUI India BE RESPONSIBLE FOR
THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, TUI India SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE
WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF
ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON
BEYOND TUI India CONTROL. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK
AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
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.
THE MAXIMUM LIABILITY ON PART OF TUI India 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 CONSEQUENTIAL LOSS,
DAMAGE OR ADDITIONAL EXPENSE WHATSOEVER.
LINKS TO THIRD PARTY SITES
6.1
The Website may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of TUI India
and TUI India is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. TUI India is not
responsible for any form of transmission, whatsoever, received by the User from
any Linked Site . TUI.IN is providing these links to the User
only as a convenience, and the inclusion of any link does not imply endorsement
by TUI India of the Website of the
Linked Sites or any association with its operators or owners including the
legal heirs or assigns thereof.
6.2
TUI India is not responsible for any errors, omissions
or representations on any Linked Site. TUI India does
not endorse any advertiser on any Linked Site in any manner. The Users are
requested to verify the accuracy of all information on their own before
undertaking any reliance on such information.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not
use the Website for any purpose that is unlawful or illegal under any law for
the time being in force within or outside India or prohibited by this Agreement
and/or the TOS including both specific and implied. In addition, the Website
shall not be used in any manner, which could damage, disable, overburden or
impair it or interfere with any other party's use and/or enjoyment of the
Website. The User shall refrain from obtaining or attempting to obtain any
materials or information through any means not intentionally made available or
provided for or through the Website.
USE OF COMMUNICATION SERVICES
8.1
The Website may contain services such as email, chat, bulletin board services,
information related to various tourist spots, news groups, forums, communities,
personal web pages, calendars, and/or other message (hereinafter collectively
referred to as "Communication Services"). The User agrees and
undertakes to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, the User
agrees and undertakes that when using a Communication Service, the User will
not:
(a) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information;
(c) upload files that contain software or other material
protected by intellectual property laws unless the User owns or controls the
rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation
of the Website or another's computer;
(e) advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service specifically allows
such messages;
(f) conduct or forward surveys, contests, pyramid schemes or
chain letters;
(g) download any file posted by another user of a
Communication Service that the User know, or reasonably should know, cannot be
legally distributed in such manner;
(h) falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded;
(i) violate any code of conduct or other guidelines, which may
be applicable for or to any particular Communication Service;
(j) violate any applicable laws or regulations for the time
being in force in or outside India; and
(k) violate any of the terms and conditions of this Agreement
or any other terms and conditions for the use of the Website contained
elsewhere herein.
8.2
TUI India has no obligation to monitor the Communication
Services. However, TUI India reserves the right to
review materials posted through Communication Service and to remove any
materials in its sole discretion. TUI India reserves the
right to terminate the User's access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
8.3
TUI India reserves the right at all times to disclose
any information as is necessary to satisfy or comply with any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in TUI India sole discretion.
8.4
TUI India DOES NOT CONTROL O R E NDORSE THE CONTENT,
MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE,
TUI India SPECIFICALLY DISCLAIMS ANY LIABILITY OR
RESPONSIBILITY WHATSOEVER WITH REGARD TO THE COMMUNICATION SERVICES AND ANY
ACTIONS RESULTING FROM THE USER'S PARTICIPATION IN ANY COMMUNICATION SERVICE.
8.5
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. User is responsible
for keeping himself updated of and adhering to such limitations if they
download the materials.
TERMINATION/ACCESS RESTRICTION
TUI India RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
TERMINATE THE ACCESS TO THE WEBSITE AND THE RELATED SERVICES OR ANY PORTION
THEREOF AT ANY TIME, WITHOUT NOTICE.
FEES PAYMENT
10.1
TUI India reserves the right to charge listing fees for certain
listings, as well as transaction fees based on certain completed transactions
using the TUI.IN Services. TUI.IN further
reserves the right to alter any and all fees from time to time, without notice.
10.2
The User shall be liable to pay all applicable charges, fees, duties, taxes,
levies and assessments for availing the TUI.IN Services.
USER'S OBLIGATIONS AND USER ACCOUNT
11.1
In consideration of use of the Website, the User represent and confirm that the
User is of legal age to enter into a binding contract and is not a person
barred from using the Website and/or receiving the Services under the laws of
India or other applicable law.
11.2
To avail a Service the User has and must continue to maintain at his sole cost:
(a) all the necessary equipments including a computer and modem etc. to access
the Website/avail Services; (b) own access to the World Wide Web. The User
shall be responsible for accessing the Services and that access may involve
third party fees including, airtime charges or internet service provider’s
charges which are to be exclusively borne by the User.
11.3
THE USER ALSO UNDERSTANDS THAT THE SERVICES MAY INCLUDE CERTAIN COMMUNICATIONS
FROM TUI.IN AS SERVICE ANNOUNCEMENTS AND ADMINISTRATIVE
MESSAGES. THE USER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED ON AN
"AS IS" BASIS AND THAT TUI.IN DOES NOT ASSUME ANY
RESPONSIBILITY FOR DELETIONS, MIS-DELIVERY OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZED SETTINGS.
11.4
Registration of the User on the Website is optional. If the User opts to
register himself on the Website, upon completion of the registration process,
the User shall receive a user id and password. The User agrees and undertakes
at all times to be responsible for maintaining the confidentiality of the
password and user id, and shall be fully responsible for all activities that
occur by use of such password or user id. Further, the User agrees not to use
any other party's under id and password for any purpose whatsoever without
proper authorization from such party.
You are responsible for the security of your password and for all transactions
undertaken using your password through our service. The Password entered by you
is transmitted in one- way encrypted form to our database and stored as such.
Thus the Password will not be known even to TUI.IN . You
confirm that you are the authorised holder of the credit card or the original
account holder used in the transactions you make using the TUI.IN
services. TUI.IN will not be responsible for any financial
loss, inconvenience or mental agony resulting from misuse of your
ID/password/credit card number/account details number for using TUI.IN
Services.
11.5
THE USER ALSO AGREES AND UNDERTAKES TO IMMEDIATELY NOTIFY TUI.IN
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. TUI.IN
SHALL NOT BE RESPONSIBLE FOR ANY, DIRECT OR INDIRECT, LOSS OR DAMAGE ARISING
OUT OF THE USER'S FAILURE TO COMPLY WITH THIS REQUIREMENT.
11.6
The User also agrees to: (a) provide true, accurate and
complete information about himself and his beneficiaries as prompted by the
registration form ("Registration Data") on the Website; and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If the User provide any information that is untrue,
inaccurate, not current or incomplete or TUI.IN has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, TUI.IN has the right to suspend or terminate the
User's registration and refuse any and all current or future use of the Website
and/or any Service.
11.7
Furthermore, the User grants TUI.IN the right to disclose to
third parties Registration Data to the extent necessary for the purpose of
carrying out the Services.
BREACH
12.1
WITHOUT PREJUDICE TO THE OTHER REMEDIES AVAILABLE TO TUI.IN UNDER
THIS AGREEMENT, THE TOS OR UNDER APPLICABLE LAW, TUI.IN MAY
LIMIT THE USER'S ACTIVITY, O R E ND THE USER'S LISTING, 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, THE TOS AND/OR
THE DOCUMENTS IT INCORPORATES BY REFERENCE;
(B) TUI.IN IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION
PROVIDED BY THE USER; OR
(c) TUI.IN 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 TUI.IN
.
12.2 TUI.INMAY AT ANY TIME IN ITS SOLE DISCRETION REINSTATE SUSPENDED USERS. ONCE THE USER
HAVE BEEN INDEFINITELY SUSPENDED THE USER MAY NOT REGISTER OR ATTEMPT TO
REGISTER WITH TUI.IN OR USE THE WEBSITE IN ANY MANNER
WHATSOEVER UNTIL SUCH TIME THAT THE USER IS REINSTATED BY TUI.IN
. NOTWITHSTANDING THE FOREGOING, IF THE USER BREACHES THIS AGREEMENT, THE TOS
OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, TUI.IN RESERVES
THE RIGHT TO RECOVER ANY AMOUNTS DUE AND OWING BY THE USER TO TUI.IN
AND/OR THE SERVICE PROVIDER AND TO TAKE STRICT LEGAL ACTION AS TUI.IN
DEEMS NECESSARY.
PROPRIETARY RIGHTS
13.1
TUI.IN may provide the User with content 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 TUI India and shall not copy, transmit or
create derivative works of such material without express authorization from
TUI.IN.
13.2
The User acknowledges and agrees that they shall not upload post, reproduce or
distribute any content on or through the Website that is protected by copyright
or other proprietary right of a third party, without obtaining the permission
of the owner of such right. Any copyrighted or other proprietary content
distributed on or through the Website 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.
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 TUI India and no party
shall have any authority to bind or shall be deemed to be the agent of the
other in any way. It may be noted, however, that if by using the Website, the
User authorizes TUI India and its agents to access third
party sites designated by them or on their behalf for retrieving requested
information, the User shall be deemed to have appointed TUI India and its agents as their agent for this purpose.
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.
INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and
plural form of the terms defined. Whenever the context may require, any pronoun
shall include the corresponding masculine and feminine. The words "include",
"includes" and "including" shall be deemed to be followed by the phrase
"without limitation". Unless the context otherwise requires, the terms
"herein", "hereof", "hereto", "hereunder" and words of similar import refer to
this Agreement as a whole.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless TUI.IN 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 TUI.IN 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 and/or the TOS.
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.
TERMINATION OF AGREEMENT AND SERVICES
19.1
Either the User or TUI India may terminate this
Agreement and a Service with or without cause at any time to be effective
immediately.
19.2
The User agrees that TUI India 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 or the TOS,
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 in the applicable TOS.
19.3
This Agreement may be terminated by either the User or TUI India through a written notice to the other. TUI India
shall not be liable to the User or any third party for termination of any
Service. Should the User object to any terms and conditions of this Agreement,
any TOS or become dissatisfied with the Service in any way, the User's only
recourse is to immediately: (a) discontinue use of the Website/Service; and (b)
notify TUI India of such discontinuance.
19.4
Upon termination of the Service, User's right to use the Website/Services and
software shall immediately cease. The User shall have no right and TUI India 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
NOTICES
All notices and communications (including those related to changes in the TOS,
Service, termination of Service etc.,) shall be in writing, in English and
shall deemed given if delivered personally or by commercial messenger or
courier service, or mailed by registered or certified mail (return receipt
requested) or sent via email/facsimile (with acknowledgment of complete
transmission) to the following address:
(a) If to TUI India at the address
posted on the Website.
(b) If to a non registered User, at the communication and/or
email address specified in the application form availing of a TUI.IN Service.
(c) If to a registered User, at the communication and/or email
address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent,
dispatched, displayed, as the case may be, unless, where notice has been sent
by email, it comes to the knowledge of the sending party, that the email
address is invalid.
GOVERNING LAW
THIS
AGREEMENT AND EACH TOS SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH
THE LAWS OF INDIA WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES AND DISPUTES
ARISING IN RELATION HERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF
THE COURTS OF NEW DELHI .
