TERMS AND CONDITIONS FOR USAGE OF WEBSITE AND MOBILE APP
This Website and the Mobile App (the 'Website') is owned and operated by TUI India Private Limited (“TUI”), a Limited Liability Company registered under the Companies Act. TUI is only a facilitator of services rendered by various properties, which are neither in control of TUI nor TUI is the owner of such properties or provides such services.
You understand that TUI is only a facilitator between you and the various “Hotel Owners”/”Service Providers” in making the reservations on your behalf. This website facilitates in arranging your travel and holiday packages, airline booking, obtaining hotel reservation which are provided by Hotel Owners (hereafter referred to as “Services”); and these services are strictly non-refundable even if you prefer to cancel your booking at any time. TUI shall only facilitate in arranging such services.
CONDITIONS PRECEDENT FOR USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
- you have attained the legal age of 18 years and eligible to execute any agreement or a binding contract;
- You will use this Website only to make legitimate reservations for yourself or for another person for whom you are legally authorized to act;
- all information supplied by you on this Website is true, accurate, current and complete, and;
- if you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
- You shall not share the Password as well as other login details of your account on this website and shall also not use the credit cards or other such plastic money or payment methods, for which you have not been authorized.
- You shall not make any fraudulent transaction either by e-transaction using the password or access codes of any other person.
- You shall not use any method of manipulation or access the Site by any infected computer or do any such act which may lead to any compromise of the security of the website, its content, its stored information.
FOR SERVICE PROVIDERS
As a condition of your use of the Website, you warrant that:
- You have been duly authorized by the Hotel Owner/Service Provider to Log on the Website;
- You have the authority to use the password;
- You have the authority to update the details of your Hotel and other information related to the hotel including the pricing.
DETAILS REQUIRED FOR CREATING A LOGIN ACCOUNT
ACTIVITIES PROHIBITED ON USE OF WEBSITE
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:
- Use this Website or its contents for any commercial purpose;
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without our express written permission; or
- 'frame', 'mirror' or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If any activity through your login account shows signs of fraud, abuse, or suspicious activity, TUI may cancel any reservations associated with your name, email address, or account, and close any associated TUI accounts. In addition, TUI may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, TUI reserves the right to take any necessary legal action and you may be liable for monetary losses to TUI, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact TUI Customer Service.
APPLICABILITY OF THIRD PARTY & SUPPLIER RULES AND RESTRICTIONS
Bookings made by you through TUI Website, TUI 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. TUI’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 by email or otherwise for and on behalf of the relevant service provider. Payments for all 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 regarding use of service of Service Provider.
USAGE OF PERSONAL INFORMATION BY TUI
You hereby grant permission to TUI to access and use your personal information such as Name, Address, Phone Number, Email in relation to the services of TUI and also to disclose the same to the Service Provider/Hotel Owner for the purposes of Hotel Booking and Invoicing. Your personal information may also be used by TUI only for the purpose of News Letters, or promotional messaging in relation to TUI products which may be disclosed to its Contractors/sub-contractors for the purposes of sending promotional messages regarding the product/services offered by TUI and Third Party Service Providers.
By booking with or through TUI Website through secured login to the website or Mobile Application, you authorize the TUI 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.
TUI accepts all cards with MasterCard or Visa branding, and other payment methods including Mobile Wallets and Mobile Money such as Paytm or PayU etc., which your issuer allows you to use to make purchases online. You shall not provide/share your online banking user name or password with any TUI Agent. You shall be solely responsible for making online transaction through your secured login account. TUI Companies do not want any information regarding your Account Access Data and you agree not to provide us with your Account Access Data.
CANCELLATION & REFUND
You understand that the bookings made by you are non-refundable and are subject to refund policies of the Service Providers. TUI facilitates reservation on as is where is basis and without any cancellation policy or refund policy. TUI or the Service Provider shall not make any cancellation once the booking has been done, nor it shall entertain any request for refund.
LIMITATION OF LIABILITY AND DISCLAIMER
TUI has taken adequate care and precaution to provide error free and updated Information, Software, Products and Services published on this Website. However there may be instances wherein include inaccuracies or errors, including pricing errors may have crept in. TUI does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, TUI 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 pay the differential amount at the check in with the Hotel.
Ratings of Service Providers displayed on this Website are intended as only general guidelines, and TUI does not guarantee the accuracy of the ratings. TUI and its suppliers make no guarantees about the availability of specific products and services. TUI and its suppliers may make improvements and/or changes on the Website at any time including the pricing, terms and conditions, rules and regulations etc..
TUI and its 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 TUI. All such information, software products, and services are provided “as is” without warranty of any kind. TUI and its suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the TUI and/or its suppliers are free of viruses or other harmful components. TUI and its 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.
Hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of TUI. TUI shall not be 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. TUI shall not be 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, TUI has no liability and will make no refund in the event of any delay, cancellation.
Under no circumstances TUI shall 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).
Under no circumstances TUI’s liability shall exceed Rs. 1,000 and you hereby confirm having read and understood the Limits of Liability of TUI.
You agree to defend and indemnify TUI and its partners 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 your:
- any legal non-compliance or violation of law which may arise on account of incomplete / inaccurate information submitted by you at the time of booking or creating the account.
- Unauthorized usage of the website including your sharing of login details as well as personal information resulting in any illegal activity or fraudulent booking made through stolen identity or card.
THIRD PARTY LINKS
This Website may contain hyperlinks to websites operated by parties other than TUI. 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 TUI 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.
TUI holds the Trademark Rights over “TUI” as well as the Logo, catch phrase, Slogans, etc. Any person found to be using IPR of TUI in any manner and without express permission of TUI shall be liable for Infringement action. Names of Service Providers are the Trademarks of Service Providers.
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.
TUI, may in certain cases terminate your login account in its sole discretion, or limit your access to the Website and/or terminate the accounts if you are found to be violating any law, or found to be in breach of the terms and conditions of usage of this website, or for any fraudulent activity through your login Account, or if TUI receives any complaint or information from any person that through your login Account any fraudulent activity has taken place. In certain cases TUI may also inform the police and file appropriate complaint against you.
This Agreement is governed by the Laws of India and is only subject to the Jurisdiction of Delhi Court.