Website Terms and Conditions
- Stonegrid Technology Solutions Private Limited, a India incorporated company, (doing business as "TravelKosh" and referred to in this Terms and Conditions as "TravelKosh", "us", "we" or "our") having its office at L-31 Diamond District, Old Airport Road, Kodihalli, HAL 2nd Stage, Bangalore -560008 primarily operates in travel and tourism industry by designing travel and touring related mobile applications, e-commerce websites, offers various personalized travel experiences and tours to tourist destinations across India and international travel experiences and packages made available through its website www.travelkosh.com.
- The website and the mobile applications of Stonegrid Technology Solutions Private Limited are collectively referred to in this Terms and Conditions as "this Website" or "the website". This website is owned and operated by Stonegrid Technology Solutions Private Limited.
- Please read the following Terms and Conditions ("Terms and Conditions") carefully before using this Website and the services i.e orders, purchases, payment, bookings, or reservation of a Tours, activities, packages, oy any of the services ("Services", "Product", "Trip", "Experience") offered by Stonegrid Technology Solutions Private Limited, its affiliates or the third-party operators ("Operator", "Local Partner", "Service Provider", "Third Party Operator").
- "User", "You" and "Your" when used in the Terms and Conditions includes (1) any person who accesses the Website and includes any person who inquiries about or purchases any of our products or services through its websites, mobile applications, franchisees, agents etc. agree to be governed by this Terms and Conditions.
- These Terms and Conditions govern your access to and use of this Website and Services and constitute a binding legal agreement between you and TravelKosh. These terms and conditions apply to all our services directly or indirectly (through third-party operators) made available online, through any mobile device, by email, or by telephone. All rights and liabilities related to You and TravelKosh with respect to any services or product facilitated by us shall be restricted to the scope of these Terms and Conditions.
- Before using the Website you shall compulsorily read and understand the Terms and Conditions, and shall be deemed to have accepted these Terms and Conditions as a binding document that governs your dealings and transactions with TravelKosh. If you do not agree with any part of the Terms and Conditions, then you must not avail our services and must not access TravelKosh.
- These pages, the content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website and application are owned, operated, and provided by Stonegrid Technology Solutions Private Limited.
- Some relationships that we have with the Third-party Operators are governed by separate terms which we have with each of these Third-party Operators. Note that these Third-party Operators may have, declare applicable, and/or require acceptance of – in addition to the policies, their own terms and conditions and rules for the use, access, and consummation of the Trip (which may include certain disclaimers and limitations of liability).
- The Terms and Conditions and return policies are applicable to all TravelKosh users worldwide. Apart from this Agreement, some specific terms and conditions are mentioned against the respective outbound tour in the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the TravelKosh Agreement & Terms and Conditions and are to be read in consonance with the booking terms & conditions. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TravelKosh with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TravelKosh with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to same conditions as other business documents and records originally generated and maintained in printed form.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TravelKosh at its office at L-31 Diamond District, Old Airport Road, Kodihalli, HAL 2nd Stage, Bangalore - 560008.
These Terms shall be governed by the laws of India. You agree to submit to the exclusive jurisdiction of the courts at Bangalore, India.
Severability: If any provision of this Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms and Conditions shall otherwise remain in full force and effect and enforceable.
These Terms and Conditions is not assignable, transferable or
sub-licensable by you except with TravelKosh’s prior written consent.
TravelKosh may transfer, assign or delegate this Terms and Conditions
and its rights and obligations without prior notice to you.
The Terms and Conditions have been drafted, and shall be construed, in the English language. Any translation of the Terms and Conditions is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms and Conditions shall always prevail.
Entire Agreement: These Terms and Conditions constitute the entire and exclusive understanding and agreement between TravelKosh and you regarding the use of the Website, Services and Content, and any bookings of Tours made via the Website, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between TravelKosh and you regarding bookings or listings of Tours, the Services and the Collective Content.
IF YOU CHOOSE TO USE THE PRODUCT OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVELKOSH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND THIRD PARTY OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE WEBSITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAVELKOSH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
TRAVELKOSH MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRAVELKOSH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, ACTIVITIES, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVELKOSH OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT TRAVELKOSH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. TRAVELKOSH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND THIRD PARTY OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRAVELKOSH OR TAKE PLACE DURING A GROUP TOUR. NOTWITHSTANDING TRAVELKOSH ‘S APPOINTMENT AS THE LIMITED AGENT OF THE THIRD PARTY OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE THIRD PARTY OPERATORS, TRAVELKOSH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for
- any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
- any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Operator as made available on our Platform,
- the services rendered or the products offered by the Operator or other business partners,
- any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or
- any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control.
We are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties). TravelKosh is not a (re)seller of the Trip. Complaints or claims in respect of the Trip price, policy or specific requests made by Customers) are to be dealt with by the Operator. TravelKosh is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that TravelKosh may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as TravelKosh at its discretion sees fit. You are granting TravelKosh a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as TravelKosh at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to TravelKosh publishing and using these photos/images. TravelKosh does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of TravelKosh. TravelKosh disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by TravelKosh at any time and without prior notice.