USER AGREEMENT – Agora Holiday
TERMS & CONDITIONS
This page sets forth the terms and conditions related to the information Agora Holiday (henceforth mentioned as AgoraHoliday) provides this website (www.agoraholiday.com), 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.
USE OF SITE
AgoraHoliday 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 a 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 AgoraHoliday deems in its sole discretion to be unreasonable or disproportionate to the benefits AgoraHoliday obtains from your use of the site. You are prohibited from posting or transmitting any unlawful, threatening, libellous, 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 offence or attempt to commit a criminal offence, 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, or (d) 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 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
AgoraHoliday does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will AgoraHoliday 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. AgoraHoliday 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 Agora Holiday 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 Agora Holiday and is confidential except for the necessary disclosures required by law.
AgoraHolidayholds 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 AgoraHoliday, 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 AgoraHoliday. 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.
ENFORCEABILITY 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 AgoraHoliday. 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 AgoraHolidaybe 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 AgoraHoliday.
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 AgoraHoliday 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. Send us a message via our Contact us, we will supply you with details regarding terms and conditions, exclusions, products, and services applicable to you.
1) Airlines: You have a choice of full service and low cost airline options. Low-cost airlines do not have all services available on board hence please choose the airlines carefully before booking. Kindly go through the fare rules and booking conditions before making a reservation. There are paper tickets and/or e-tickets that will be provided to you. Both are valid to travel by the airlines. However certain airlines do not entertain e-tickets. In such cases you will be issued paper tickets. We are only an intermediary party hence cannot be held responsible for any delay or cancellation of flight or change of route – a decision taken by the airline. You will be subject to all terms and conditions as per the airlines.
2) Holidays: Please refer to inclusions and exclusions carefully before booking. You can customize your holiday completely on our site if our packages do not meet your requirements.
3) Hotels: While booking a hotel on our site please carefully go through the fact sheet in details to ensure that the amenities present are as per your requirement. AgoraHoliday generally updates all these fact sheets however it is dependent on the hotel to provide updated information. Renovation at hotels is normally undertaken at sole discretion of hotels and not necessarily is informed to us. Incase of any dispute AgoraHoliday shall not be liable for a disruption in services.
4) Sightseeing: You have a choice of seat in coach sightseeing and private sightseeing tours. Please choose the same carefully. Panoramic tours do not allow you to stop at the site of the attractions. You will have to follow a schedule. Entrances to attractions are not included in city tours unless specified.
5) Car hire/rental: The customer shall pay the car rental fare as per the applicable rates and payment schedules advised by AgoraHoliday at the time of booking. The customer shall also pay parking charges, toll-charges, service tax, state tax and any other fee or levy presently payable or imposed hereinafter under applicable law/s for availing the car rental services. AgoraHoliday encourages all its customers to take full responsibility of their luggage / belongings. In case of any loss, from the taxi during the journey, AgoraHoliday shall endeavour to locate the lost luggage/belongings on a “best-effort” basis but AgoraHoliday shall not be held responsible for such loss or damage. If the Customer leaves any luggage/belongings/goods in the taxi or has any complaint in respect of the services or the use of the taxi, the Customer shall make a complaint in writing to AgoraHoliday within 24 hours from such usage. Vehicles registered with AgoraHoliday may be continuously tracked by AgoraHoliday using GPS for security reasons or for reasons deemed fit and proper by AgoraHoliday.
6) Rail and Cruises: Please refer to individual rules applicable against both rail and cruise providers. These rules will be applicable for each transaction made through us.
AgoraHoliday is a travel and holiday organizer. We do not control or operate any railway or cruise shipping company 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.
Surcharges may be applicable over and above the holiday price for the requested period. The same will be advised at the time of booking or prior to confirmations. You need to make an advance payment at the time of confirming the tour and make the balance payment 30 days prior to the departure of the tour.
You will have to limit yourself as per normal baggage policy of the airlines in the respective class that you have chosen to fly. Any excess baggage that you carry shall remain your responsibility. Any loss of baggage by the airlines or the passenger will be the sole responsibility of the airline and the passenger.
Normally in economy class 20-30 kgs per passenger is permitted as check-in baggage and 5-7 kgs as cabin baggage. The limit varies from airline to airline and sector travelled. However if you are travelling to US/ Canada you are permitted to carry 2 pieces of maximum 23 kgs each as check in and 1 piece as cabin baggage. You are requested to kindly refer to the baggage rules of the individual airlines as the same gets updated from time to time by the airlines. Baggage size / dimension restrictions also apply.
Normally in full service carriers/airlines, 20 kgs per passenger is permitted in economy class and for low-cost carriers/airlines 15 kgs per passenger is allowed – only 1 piece of cabin baggage allowed for both category of carriers/airlines. The allowance for cabin baggage is 7 kgs for both. You are requested to kindly refer to the baggage rules of the individual airlines as the same gets updated from time to time by the airlines. Baggage size / dimension restrictions also apply.
The travel bookings done by AgoraHoliday are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. AgoraHoliday is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason
HEALTH AND INSURANCE
It is advisable that the passenger acquires adequate insurance cover to secure their life, health and property. You can purchase the same from AgoraHoliday as well.
The information provided on this site is distributed with the understanding that AgoraHoliday 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.
AgoraHoliday 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. AgoraHoliday 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.AgoraHoliday.com site are secure. AgoraHoliday 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. Incase you are making the payment through the demand draft or cheque- the same needs to be drawn in the name of “Agora Holiday”.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and AgoraHoliday as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or “no show” air or hotel booking shall be deemed to have been forfeited. AgoraHoliday reserves the right to determine the amount of refund value incase of cancellation and amendments outside the direct purview of the supplier / vendor. The decision on the quantum of refund will be final as that made by AgoraHoliday. The refund will be made in the name of the client. It will take at most 15 working days to process refunds for all services. There will be no refund for unutilised services unless specified. All cancellation and amendment charges will be applicable as per principles policies on which AgoraHoliday has no control and you will be subjected to it.
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 cannot 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 Delhi, 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 Delhi 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 AgoraHoliday 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 AgoraHoliday 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 AgoraHoliday 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.
AgoraHoliday prompts all its users to register at one time. The details captured during registration are purely to provide better service in future. AgoraHoliday will not be sharing these details with any other third party.
AgoraHoliday 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 affect any right to relief to which AgoraHoliday 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 AgoraHoliday and its third party providers or distributors, as applicable.
SUGGESTIONS & COMMENTS
If you have any questions or suggestions please feel free to email us at email@example.com.