Terms and conditions
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1. NATURE OF THE WEBSITE
1.1 The Website intends to act as a platform to solely to assist companies, groups and individuals to book, manage and subscribe to their travel needs, including gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations for themselves or on behalf of others or otherwise transacting business with travel suppliers, and for no other purposes.
2. ELIGIBILITY TO USE THE WEBSITE
2.2 You agree and undertake that your access of the Website or the utilisation of the facilities provided on the Website does not in any manner contravene the local laws or regulations of the territory from which you access the Website or the facilities provided thereunder.
3.1 For accessing and using the services on the Website, you may have to register an account with the Website. In this regard, you agree and undertake:
(a) To provide true, accurate, current and complete information about yourself in all aspects as may be prompted by the Website’s registration form (such information being the “Registration Data”).
(b) To maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
(c) You will not create more than one account.
(d) If the Company disables or suspends your account, you shall not create another one without our permission.
(e) You shall not share your password with any person.
(f) You shall not assign, transfer or otherwise permit any other person to operate your account.
3.2 You represent and warrant that registering on the Website and availing the services thereon shall not constitute a breach of any obligation by which you are bound whether arising by contract or operation of law.
3.3 You agree and acknowledge that the Company may delete or suspend your account in the event that you violate any of the Terms and Conditions or applicable law.
4. YOUR USE OF THE WEBSITE
4.1 The content and information on this Website (including, but not limited to, price and availability of travel & hospitality services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers, or to your Company or those suppliers with whom your Company may have contracted directly with for travel services. While you may make limited copies of your travel itinerary (and related documents) for travel or services 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.
4.2 Additionally, you agree not to: (i) use this Website or its contents for any commercial purpose unless allowed and authorised by the Company; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) 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; (iv) 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; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
4.3 You agree and undertake that all information, material or content that you shall post on the Website, including but not limited to any personal details, qualifications and experience, shall be accurate and not misleading.
4.4 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking or any other illegitimate means.
5. SUPPLIER RULES AND RESTRICTIONS
5.1 You agree, acknowledge and understand that the Company is merely acting as an intermediary between you and the supplier. Separate terms and conditions as may be imposed by a supplier will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
5.2 You acknowledge that some third party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
6. PREPAID HOTEL RESERVATIONS
6.1 You acknowledge that getout.travel pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Getout.travel and the facilitation fee retained by Getout.travel to compensate us for our services. You authorize Getout.travel to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, and service fees. You agree that you will be charged by Getout.travel for the total reservation price. Upon submitting your reservation request you authorize Getout.travel to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
6.2 You acknowledge that Getout.travel does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, GST, etc) that Getout.travel pays to the hotel supplier in connection with your hotel reservations. The hotel suppliers’ invoice Getout.travel for tax amounts. The Hotel suppliers remit applicable taxes to the applicable taxing jurisdictions. Getout.travel does not act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Getout.travel to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers.
6.3 We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation. You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with Getout.travel, as appropriate, no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout. You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
7. FEES PAYMENT
7.1 Getout.travel reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Getout.travel further reserves the right to alter any and all fees from time to time, without notice.
7.2 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 Getout.travel 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. Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
7.3 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. Getout.travel 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.
7.4 The User shall request Getout.travel for any refunds against the unutilized or ‘no show’ hotel booking for any reasons within 90 days from the date of departure for the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of hotels and Getout.travel 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’ hotel booking shall be deemed to have been forfeited.
8. USAGE OF CONTACT NUMBER / EMAIL OF THE USER
8.1 Getout.travel may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number or by email to the email provided by the User at the time of booking. Getout.travel may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same.
8.2 The User hereby unconditionally consents that such communications via SMS and/ or voice call by Getout.travel is (i) upon the request and authorization of the User, (ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (iii) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Getout.travel against all types of losses and damages incurred by Getout.travel due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Getout.travel with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
9. ONUS OF THE USER
9.1 Getout.travel is responsible only for the transactions that are done by the User through Getout.travel. Getout.travel will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
9.2 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 regarding use of the services with respect to the jurisdiction concerned for each transaction. 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 availing the Services under the laws of India or other applicable law.
9.3 PAN details are required for transactions under Liberalized Remittance Scheme which includes any international booking on Getout.travel platform. The user warrants and confirms that PAN details of the user/traveller will be shared by the user on or before the cut-off date prescribed by Getout.travel. In case the traveller is a minor, Getout.travel will require PAN details of the parent/guardian. The user further confirms that non-compliance of this provision may result in cancellation of the booking. The user warrants and confirms that the total amount of foreign exchange, purchased from or remitted during the current financial year, through all sources in India (including the current transaction) is within the permissible limit prescribed by RBI. The user further confirms that foreign exchange, if any, purchased by user for the purpose of international travel under the current booking will be utilised for purpose indicated above.
10.1 Unless explicitly provided by getout.travel in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and getout.travel doesn’t accept any claims arising out of such scenarios.
10.2 Insurance, if any provided as a part of the service/ product by getout.travel shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and getout.travel shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
11. VISA OBLIGATION OF THE USER
11.1 The travel bookings done by getout.travel are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. getout.travel 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.
12. VISA OBLIGATION OF THE USER
12.1 The travel bookings done by getout.travel are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. Getout.travel 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.
12.2 The User expressly undertakes to provide to getout.travel 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 getout.travel.
12.3 In case getout.travel 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, getout.travel 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, getout.travel 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.
12.4 The User unequivocally indemnifies getout.travel of any such claim or liability and shall not hold getout.travel responsible for any loss or damage arising out of measures taken by getout.travel for safeguarding its own interest and that of its genuine customers. This would also include getout.travel denying/cancelling any bookings on account of suspected fraud transactions.
13. TRAVEL DESTINATIONS
13.1 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. getout.travel urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Government of India and other relevant authorities in the country of destination prior to booking travel to international destinations. By offering for sale travel to particular international destinations, getout.travel does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
14. DISCLAIMERS OF WARRANTIES
14.1 You expressly acknowledge and agree that use of the Website is at your sole risk. To the maximum extent permitted by applicable law, the Website and any services performed or provided by the Website are provided “as is” and “as available”, without warranty of any kind, and the Company hereby disclaims all warranties and conditions with respect to the Website and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. The Company does not warrant against interference with your enjoyment of the Website, that the functions contained in, or services performed or provided by, the Website will meet your requirements, that the operation of the Website or services will be uninterrupted, virus-free or error-free, or that defects in the Website or services will be corrected. No oral or written information or advice given by the Company shall create a warranty by the Company. You shall be solely responsible for any damage to your property, including any device or computer system from which the Website is accessed.
14.2 The Website displays, includes and makes available content, data, information, applications or materials from third party website (“Third Party Materials”) and may also provide links to certain third party web sites. By using the Website, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, legality, decency, quality or any other aspect of such Third Party Materials or third party websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or any third party websites. Third Party Materials and third party websites are provided solely as a convenience to you.
14.3 The information, software, products, and services published on this website may include inaccuracies or errors, including pricing errors. In particular, getout.travel and corporate affiliates (collectively, the “getout.travel companies”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, “getout.travel affiliates”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. In addition, getout.travel expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.
14.4 Hotel ratings displayed on this website are intended as only general guidelines, and the getout.travel companies and the getout.travel affiliates do not guarantee the accuracy of the ratings.
14.5 The getout.travel companies, the getout.travel affiliates and their respective suppliers make no guarantees about the availability of specific products and services. the getout.travel companies, the getout.travel affiliates and their respective suppliers may make improvements and/or changes on this website at any time. The getout.travel companies, the getout.travel affiliates, and their respective 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 the getout.travel companies or the getout.travel affiliates. all such information, software, products, and services are provided “as is” without warranty of any kind. The getout.travel companies, the getout.travel affiliates, and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the getout.travel companies, the getout.travel affiliates, and/or their respective suppliers are free of viruses or other harmful components. the getout.travel companies, the getout.travel affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
14.6 The hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the getout.travel companies, or the getout.travel affiliates. the getout.travel companies and the getout.travel affiliates are not 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.
14.7 The getout.travel companies and the getout.travel affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
14.8 In no event shall the getout.travel companies, the getout.travel affiliates, and/or their respective suppliers 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 web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the getout.travel companies, the getout.travel affiliates and/or their respective suppliers have been advised of the possibility of such damages. If, despite the limitation above, the Getout.travel Companies, the Getout.travel Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Getout.travel Companies, the Getout.travel Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (i) the transaction fees assessed for your transactions on this Website, or (ii) Five Thousand Rupees (INR5,000.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
14.9 The limitations of liability provided in these terms inure to the benefit of the Getout.travel Companies, the Getout.travel Affiliates, and/or their respective suppliers.
15. CURRENCY CONVERTER
15.1 Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Getout.travel Companies, the Getout.travel Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
16. INTELLECTUAL PROPERTY
16.1 Getout.travel and its logo(s) are trademarks owned by the company. You agree that the Website, including but not limited to the, source code, object code, scripts and software used to implement the Website, is owned by the Company. You expressly agree and undertake that you will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with the terms of these Terms and Conditions.
16.2 With the exception of user Content submitted to the Website by you, all other content on the Website is owned by the Company, and is subject to copyright, trade mark rights, and other intellectual property rights of the company. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the content submitted by users.
16.3 No downloading, copying, redistribution, retransmission, publication or commercial exploitation of any content on the Website is permissible without the express permission of the Company.
16.4 You shall not use the name, trademarks or logos of the Company without the prior written consent of the Company. Nothing contained herein should be deemed to be an assignment or transfer of any intellectual property right in your favour.
16.5 You may not decompile, disassemble, or reverse engineer the Website by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Website. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Website.
16.6 You agree that any user Content that you may upload on the Website shall not infringe any third party rights.
16.7 When you upload or post any user Content, you grant to the Company, a worldwide, perpetual, non-exclusive, royalty-free, transferable license (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, publish and perform that user Content or any part thereof in connection with the provision of the services on the Website and otherwise in connection with the business of the Company, including without limitation for promoting and redistributing part or all of the Website, in any format whatsoever (now known or that may be invented or may be available for use in the future) and through any media channels. The license granted by you hereunder shall survive even if you delete your account on the Website or remove the user Content from the Website or otherwise stop accessing the Website.
You shall indemnify and hold harmless the Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions (including reasonable attorneys’ fees), made by any third party or penalty imposed due to or arising out of your (i) use of the Website; (ii) breach of these Terms and Conditions and any other policy in relation to the Website; (iii) any transaction that you may enter into pursuant to use of the Website; (iv), your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
18. LIMITATION OF LIABILITY
18.1 In no event shall the Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages for any reason whatsoever including without limitation for those arising out of or related to: (i) your use of or reliance upon the Website, and any other content or information contained in the Website; (ii) any user Content that you post or upload; (iii) your inability to use the Website or inability to secure an opportunity from an Opportunity Provider or avail the services of a Talent ; (iv) any transaction that you may enter into pursuant to use of the Website.
20. ELECTRONIC COMMUNICATION
The Company may correspond with you electronically by sending e-mails to you or otherwise posting messages/ notifications via the Website. You understand and acknowledge that electronic transmission of information on the internet or otherwise has inherent risks and that such communications may be lost, delayed, intercepted, corrupted or be otherwise altered, rendered incomplete or fail to be delivered. You further understand and acknowledge that electronic transmission of information cannot be guaranteed to be secure or error-free and its confidentiality may be vulnerable to access by unauthorized third parties. The Company shall have no responsibility or liability to you on any basis in respect of any error, omission, claim or loss arising from or in connection with the electronic communication of information to you (or your reliance on such information).
21. FORCE MAJEURE
The Company shall be excused from performance under these Terms and Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (i) acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes; (iv) labour strikes; (v) error or disruption to computer hardware or networks or software failures; or (vi) any other causes (whether similar or dissimilar) beyond the reasonable control of the Company.
You shall not assign these Terms and Conditions, or any rights, benefits or obligations hereunder without the express written permission of the Company. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. The Company may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion.
23. ENTIRE AGREEMENT
The Company reserves its right at all times to modify any part of these Terms and Conditions at its sole discretion. You agree to revisit the Terms and Conditions regularly to ensure that you stay informed of any changes. Your use of the Website after the Company updates the Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall govern the interpretation of the provisions of these Terms and Conditions.
The failure of the Company at any time to require observance or performance by you of any of the provisions of these Terms and Conditions shall in no way affect the Company’s right to require such observance of performance at any time thereafter, nor shall the waiver by the Company of a breach of any provision hereof by you be taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by the Company shall not be deemed to be a continuing waiver, but shall apply solely to the instances to which the waiver is directed.
Each and every obligation under these Terms and Conditions shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these Terms and Conditions are unenforceable, the Company may amend such clauses as may be necessary to make the provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective, may be deleted by the Company from these Terms and Conditions and any such deletion shall not affect the enforceability of the remainder of this these Terms.
28. GOVERNING LAW
29. DISPUTE RESOLUTION