USER AGREEMENT

This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of ITM Holidays Pvt Ltd ("ITM Holidays").

Any person ("User") who inquiries about or purchases any products or services of ITM Holidays through its websites, sales persons, offices, call centres, branch offices, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites of ITM Holidays are collectively referred to as 'Website'.

Both User and ITM Holidays are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.

"Terms & Condition" available on ITM Holidays’ website details out terms & conditions applicable on various services or products facilitated by ITM Holidays. The User should refer to the relevant Terms& Condition applicable for the given product or service as booked by the User. Such Terms & Condition are binding on the User.

ELIGIBILITY

The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of ITM Holidays.

Before using the Website, approaching any Sales Channels or procuring the services of ITM Holidays, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with ITM Holidays. If the User does not agree with any part of this Agreement, then the User must not avail ITM Holidays’ services and must not access or approach the Sales Channels of ITM Holidays.

All rights and liabilities of the User and ITM Holidays with respect to any services or product facilitated by ITM Holidays shall be restricted to the scope of this User Agreement.

WEBSITE
The Website is meant to be used by bonafide User(s) for a lawful use.

User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to ITM Holidays is true and accurate.

ITM Holidays reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

ITM Holidays will always make its best endeavours to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

ITM Holidays reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to [email protected]. On receiving such report, ITM Holidays reserves the right to investigate and/or take such action as the Company may deem appropriate.


CONTENT

All content provided through Website and other Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by ITM Holidays and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.

User agrees to follow all instructions provided by ITM Holidays which will prescribe the way such User may use the Content.

ITM Holidays respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

  • • Clear identification of such copyrighted work that you claim has been infringed;
  • • Location of the material on the Website, including but not limited to the link of the infringing material;
  • • The proof that the alleged copyrighted work is owned by you;

Contact information;
The aforesaid notices can be sent to ITM Holidays by email at [email protected].

LIMITED LIABILITY

Unless ITM Holidays explicitly acts as a reseller in certain scenarios, ITM Holidays always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, bus operators etc. (collectively referred to as "Service Providers"). ITM Holidays’ liability is limited to providing the User with a confirmed booking as selected by the User.

Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. ITM Holidays will have no liability with respect to the acts, omissions, errors, representations, breaches or negligence on part of any Service Provider.

USER RESPONSIBILTY

Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement. If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction.

The services are provided on an "as is" and "as available" basis. ITM Holidays may change the features of the services being provided at any time, in its sole discretion, without any prior notice. ITM Holidays expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from ITM Holidays or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User also authorizes ITM Holidays’ representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

SECURITY AND ACCOUNT RELATED INFORMATION

While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify ITM Holidays immediately in writing of any unauthorized use of their password or account or any other breach of security. ITM Holidays will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.

User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.

ITM Holidays keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. ITM Holidays adopts the best industry standard to secure the information as provided by the User. However, ITM Holidays cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.

The data of the User as available with ITM Holidays may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

FEE AND PAYMENT

ITM Holidaysreserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed or notified to the User before confirming the booking or collecting the payment from such User.

In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, ITM Holidays shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to ITM Holidays. In cases where the short charge is claimed prior to the utilization of the booking, ITM Holidays will be at liberty to cancel such bookings if the amount is not paid before the utilization date.

Any increase in the price charged by ITM Holidays on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

In the rare circumstance of a booking not getting confirmed for any reason whatsoever, ITM Holidays will process the refund of the booking amount paid by the User and intimate the User about the same. ITM Holidays 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 ITM Holidays as the case may be.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws

The User agrees and understands that all payments shall only be made to bank accounts of ITM Holidays. ITM Holidays or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of ITM Holidays. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by ITM Holidays or to any personal account of any person, ITM Holidays shall not be held liable for the same. User shall not hold any right to recover from ITM Holidays any amount which is transferred by the User to any third party.

The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of ITM Holidays. The User shall immediately inform ITM Holidays if such details are demanded by any of its agents' employees or representatives. ITM Holidays shall not be liable for any loss that the User incurs for sharing the aforesaid details.

Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

Booking(s) made by the User through ITM Holidays are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER

ITM Holidays will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.

ITM Holidays may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.

The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by ITM Holidays are:

  • • upon the request and authorization of the User;
  • • 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
  • • in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify ITM Holidays against all types of losses and damages incurred by ITM Holidays due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on ITM Holidays with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

IRRESISTBLE FORCE

There can be exceptional circumstances where ITM Holidays and / or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of ITM Holidays. If ITM Holidays 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. The User agrees that ITM Holidays being merely a facilitator of the services and products booked, cannot be held responsible for any such Irresistible Force 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, ITM Holidays’ obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge ITM Holidays from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall ITM Holidays and 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.

RIGHT TO REFUSE

ITM Holidays at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.

ITM Holidays will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

In addition to other remedies and recourse available to ITM Holidays under this User Agreement or under applicable law, ITM Holidays may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

  • • The User is in breach of this User Agreement; or
  • • ITM Holidays is unable to verify or authenticate any information provided by the User; or
  • • ITM Holidays 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 ITM Holidays, or ITM Holidays itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with ITM Holidays with different credentials, or use the Website in any manner whatsoever until such User is reinstated by ITM Holidays. ITM Holidays may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, ITM Holidays reserves the right to recover any amounts due to be paid by the User to ITM Holidays, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to ITM Holidays which is, or communicate with ITM Holidays using language or content which is:

  • • abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
  • • contrary to any applicable law;
  • • violates third parties' intellectual property rights;
  • • in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, ITM Holidays shall be at liberty to take appropriate legal action against the User.

RIGHT TO CANCEL

The User expressly undertakes to provide ITM Holidays with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from ITM Holidays.

In case ITM Holidays 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 the travellers is not correct or that any fact has been misrepresented by that User, ITM Holidays shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, ITM Holidays shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches ITM Holidays to cancel any booking, ITM Holidays will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold ITM Holidays responsible for any loss or damage arising out of measures taken by ITM Holidays for safeguarding its own interest and that of its genuine customers. This would also include ITM Holidays denying or cancelling any bookings on account of suspected fraud transactions.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

ITM Holidays’ employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.

Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information. If you are ever asked for any of the aforesaid information, please report it immediately on [email protected].

MISCLLEANEOUS

SEVERABILITY: If any provision of this User 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 User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.

AMENDMENT TO THE USER AGREEMENT: ITM Holidays reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

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

FEEDBACK FROM CUSTOMER: ITM Holidays would like to know the feedback of the Users for improving its services. The User hereby authorizes ITM Holidays to contact the User for their feedback on various services offered by ITM Holidays. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time.

PRIVACY POLICY: User shall also refer to ITM Holidays’ Privacy Policy available on ITM Holidays’ website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by ITM Holidays and its affiliates in accordance with the terms of the Privacy Policy.