APPLICABILITY OF THE AGREEMENT:
- This document incorporates the terms and conditions for Balmer Lawrie & Co. Ltd.
("BL") to provide services to the person (s) ("the User") intending to purchase
or inquiring for any products and/ or services of BL by using BL's websites or using
any other customer interface channels of BL which includes its sales persons, offices,
call centers, advertisements, information campaigns etc.
- Both User and BL are individually referred as 'party' to the agreement and collective
referred to as 'parties'.
USER'S RESPONSIBILITY OF COGNIZANCE OF
THIS AGREEMENT
- The Users availing services from BL shall be deemed to have read, understood and
expressly accepted the terms and conditions of this agreement, which shall govern
the desired transaction or provision of such services by BL for all purposes, and
shall be binding on the User. All rights and liabilities of the User and/or BL with
respect to any services to be provided by BL shall be restricted to the scope of
this agreement.
- BL reserves the right, in its sole discretion, to terminate the access to any or
all BL websites or its other sales channels and the related services or any portion
thereof at any time, without notice, for general maintenance or any reason what
so ever.
- In addition to this Agreement, there are certain terms of service (TOS) specific
to the services rendered/ products provided by BL like the air tickets, MICE, bus,
rail, holiday packages etc. Such TOS will be provided/ updated by BL which 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. The User
shall be required to read and accept the relevant TOS for the service/ product availed
by the User.
- Additionally, the Service Provider itself 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,
contract of carriage or other rules.
- BL's Services are 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 applicable from time to time. For the removal of doubts, it is clarified
that availing of the Services 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 avail BL's Services.
- In the event that any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within any other
BL document, then these terms shall control.
THIRD PARTY ACCOUNT INFORMATION
- By using the Account Access service in BL's websites, the User authorizes BL and
its agents to access third party sites, including that of Banks and other payment
gateways, designated by them or on their behalf for retrieving requested information.
- While registering, the User will choose a password and is responsible for maintaining
the confidentiality of the password and the account.
- The User is fully responsible for all activities that occur while using their password
or account. It is the duty of the User to notify BL immediately in writing of any
unauthorized use of their password or account or any other breach of security. BL
will not be liable for any loss that may be incurred by the User as a result of
unauthorized use of his password or account, either with or without his knowledge.
The User shall not use anyone else's password at any time
FEES PAYMENT
- BL reserves the right to charge listing fees for certain listings, as well as transaction
fees based on certain completed transactions using the services. BL further reserves
the right to alter any and all fees from time to time, without notice.
- 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 BL 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.
- 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. Balmer Lawrie
& Co. Ltd. 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.
CONFIDENTIALITY
- Any information which is specifically mentioned by BL 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 agreement and the obligations of both the parties
therein. Any breach of such clause would be solely at responsibility of the user.
USAGE OF THE MOBILE NUMBER OF THE USER BY BL
- BL may send booking confirmation & itinerary information & update the customer on
the booking status and any further itinerary information via SMS (short messaging
service) on the mobile number given by the customer at the time of booking. The
customer hereby unconditionally consents such intimation via SMS by BL in accordance
with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI)
or such other authority in India and abroad.
ONUS OF THE USER
- BL is responsible only for the transactions that are done by the User through BL
website. BL 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. 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.
ADVERTISERS ON BL OR LINKED WEBSITES
- BL is not responsible for any errors, omissions or representations on any of its
pages or on any links or on any of the linked website pages. BL does not endorse
any advertiser on its web pages in any manner. The Users are requested to verify
the accuracy of all information on their own before undertaking any reliance on
such information. The linked sites are not under the control of BL and BL is not
responsible for the contents of any linked site or any link contained in a linked
site, or any changes or updates to such sites. BL is providing these links to the
Users only as a convenience and the inclusion of any link does not imply endorsement
of the site by BL.
INSURANCE
- Unless explicitly provided by BL in any specific service or deliverable, obtaining
sufficient insurance coverage is the obligation/option of the user and BL doesn't
accept any claims arising out of such scenarios. Insurance, if any provided as a
part of the service/ product by BL 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 BL shall not provide any express or implied undertakings
for acceptance of the claims by the insurance company.
FORCE MAJURE CIRCUMSTANCES
- The user agrees that there can be exceptional circumstances where the service operators
like the airlines, hotels, the respective transportation providers or concerns may
be unable to honor the confirmed bookings due to various reasons like climatic conditions,
labor unrest, insolvency, business exigencies, government decisions, operational
and technical issues, route and flight cancellations etc. If BL is informed in advance
of such situations where dishonor of bookings may happen, it will make its best
efforts to provide similar alternative to its customers or refund the booking amount
after reasonable service charges, if supported and refunded by that respective service
operators. The user agrees that BL being an agent for facilitating the booking services
shall not be responsible for any such circumstances and the customers have to contact
that service provider directly for any further resolutions and refunds.
- The User agrees that in situations due to any technical or other failure in BL,
services committed earlier may not be provided or may involve substantial modification.
In such cases, BL shall refund the entire amount received from the customer for
availing such services minus the applicable cancellation, refund or other charges,
which shall completely discharge any and all liabilities of BL against such non-provision
of services or deficiencies. Additional liabilities, if any, shall be borne by the
User.
- BL shall not be liable for delays or inabilities in performance or nonperformance
in whole or in part of its obligations due to any causes that are not due to its
acts or omissions and are beyond its reasonable control, such as acts of God, fire,
strikes, embargo, acts of government, acts of terrorism or other similar causes,
problems at airlines, rails, buses, hotels or transporters end. In such event, the
user affected will be promptly given notice as the situation permits.
- Without prejudice to whatever is stated above, the maximum liability on part of
BL 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 loss, damage or additional expense whatsoever
beyond the amount charged by BL for its services.
- In no event shall BL and/or its suppliers be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever 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 BL website(s) or any other
channel . Neither shall BL be responsible for the delay or inability to use the
BL websites or related services, the provision of or failure to provide services,
or for any information, software, products, services and related graphics obtained
through the BL website(s), or otherwise arising out of the use of the BL website(s),
whether based on contract, tort, negligence, strict liability or otherwise.
- BL is not responsible for any errors, omissions or representations on any of its
pages or on any links or on any of the linked website pages.
SAFETY OF DATA DOWNLOADED
- The User understands and agrees that any material and/or data downloaded or otherwise
obtained through the use of the Service 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.
- Nevertheless, BL will always make its best endeavors to ensure that the content
on its websites or other information channels are free of any virus or such other
malwares.
FEEDBACK FROM CUSTOMER AND SOLICITATION:
- The customer is aware that Balmer Lawrie & Co. Ltd. provides various services like
hotel bookings, car rentals, holidays and would like to learn about them, to enhance
his / her travel experience.
- The customer hereby specifically authorizes Balmer Lawrie & Co. Ltd. to contact
the user with offers on various services offered by it through direct mailers, e-mailers,
telephone calls, short messaging services (SMS) or any other medium, from time to
time. In case that the customer chooses not to be contacted, he / she shall write
to Balmer Lawrie & Co. Ltd. for specific exclusion at _____________________.
- The customers are advised to read and understand the privacy policy of BL on its
website in accordance of which BL contacts, solicits the user or shares the user's
information.
PROPRIETARY RIGHTS
- BL may provide the User with contents 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 BL and shall not
copy, transmit or create derivative works of such material without express authorization.
- The User may use this material only as expressly authorized by BL and shall not
copy, transmit or create derivative works of such material without express authorization.
- The User acknowledges and agrees that he/she shall not upload post, reproduce, or
distribute any content on or through the Services that is protected by copyright
or other proprietary right of a third party, without obtaining the written permission
of the owner of such right.
- Any copyrighted or other proprietary content distributed 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.
VISA OBLIGATIONS OF THE USER
- The travel bookings done by BL are subject to the applicable requirements of Visa
which are to be obtained by the individual traveller. BL 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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
- Unless otherwise specified, the BL services are for the User's personal and non
- commercial use. The User may not 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 BL website(s)
without the express written approval from BL.
INDEMNIFICATION
- The User agrees to indemnify, defend and hold harmless BL and/or its affiliates,
their websites and their respective lawful successors and assigns from and against
any and all losses, liabilities, claims, damages, costs and expenses (including
reasonable legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by BL and/or its affiliates, partner websites
and their respective lawful successors and assigns 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.
- The user shall be solely and exclusively liable for any breach of any country specific
rules and regulations or general code of conduct and BL cannot be held responsible
for the same.
RIGHT TO REFUSE
- BL at its sole discretion reserves the right not to accept any customer order without
assigning any reason thereof. Any contract to provide any service by BL is not complete
until full money towards the service is received from the customer and accepted
by BL.
- Without prejudice to the other remedies available to BL under this agreement, the
TOS or under applicable law, BL may limit the user's activity, or end 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:
• The user is in breach of this agreement, the TOS and/or the documents it incorporates
by reference;
• BL is unable to verify or authenticate any information provided by the user; or
• BL 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 BL.
- BL may at any time in its sole discretion reinstate suspended users. Once the user
have been indefinitely suspended the user shall not register or attempt to register
with BL or use the website in any manner whatsoever until such time that the user
is reinstated by BL.
- Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the
documents it incorporates by reference, BL reserves the right to recover any amounts
due and owing by the user to BL and/or the service provider and to take strict legal
action as BL deems necessary.
RIGHT TO CANCELLATION BY BL IN CASE OF INVALID INFROMATION FROM USER
- The User expressly undertakes to provide to BL 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 BL.
- In case BL 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, BL 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, BL 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.
- The User unequivocally indemnifies BL of any such claim or liability and shall not
hold BL responsible for any loss or damage arising out of measures taken by BL for
safeguarding its own interest and that of its genuine customers. This would also
include BL denying/cancelling any bookings on account of suspected fraud transactions.
INTERPRETATION NUMBER AND GENDER
- 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, feminine and neuter form. 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.
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.
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, terms and conditions, notices, or the right to use
this website by the User contained herein or any other section or pages of BL Websites
or its partner websites or any provision hereof in any manner whatsoever.
- In the event that any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within any particular
BL website, then these terms shall control.
RELATIONSHIP
- None of the provisions of any agreement, terms and conditions, notices, or the right
to use this website by the User contained herein or any other section or pages of
BL Websites or its partner websites, shall be deemed to constitute a partnership
between the User and BL and no party shall have any authority to bind or shall be
deemed to be the agent of the other in any way.
UPDATION OF THE INFORMATION BY BL
- User acknowledges that BL provides services with reasonable diligence and care.
It endeavors its best to ensure that User does not face any inconvenience. However,
at some times, the information, software, products, and services included in or
available through the BL websites or other sales channels and ad materials may include
inaccuracies or typographical errors which will be immediately corrected as soon
as BL notices them. Changes are/may be periodically made/added to the information
provided such. BL may make improvements and/or changes in the BL websites at any
time without any notice to the User. Any advice received except through an authorized
representative of BL via the BL websites should not be relied upon for any decisions.
MODIFICATION OF THESE TERMS OF USE
- BL reserves the right to change the terms, conditions, and notices under which the
BL websites are offered, including but not limited to the charges. The User is responsible
for regularly reviewing these terms and conditions.
JURISDICTION
- BL hereby expressly disclaims any implied warranties imputed by the laws of any
jurisdiction or country other than those where it is operating its offices. BL considers
itself and intends to be subject to the jurisdiction only of the courts of NCR of
Delhi, India.
RESPONSIBILITIES OF USER VIS-?-VIS THE AGREEMENT
- The User expressly agrees that use of the services is at their sole risk. To the
extent BL acts only as a booking agent on behalf of third party service providers,
it shall not have any liability whatsoever for any aspect of the standards of services
provided by the service providers. In no circumstances shall BL be liable for the
services provided by the service provider. The services are provided on an "as is"
and "as available" basis. BL may change the features or functionality of the services
at any time, in their sole discretion, without notice. BL expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited to
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement. No advice or information, whether oral or written, which the User
obtains from BL or through the services shall create any warranty not expressly
made herein or in the terms and conditions of the services. If the User does not
agree with any of the terms above, they are advised not to read the material on
any of the BL pages or otherwise use any of the contents, pages, information or
any other material provided by BL. The sole and exclusive remedy of the User in
case of disagreement, in whole or in part, of the user agreement, is to discontinue
using the services after notifying BL in writing.
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