Use of Website, It's Content and License to Use
- These pages, the content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service) provided by TravelKosh on these pages and through this website and Mobile Apps are owned, operated, and provided by TravelKosh and are provided for your personal, non-commercial use only.
- Any software that is made available to download from the Website is the copyrighted work of TravelKosh, or TravelKosh affiliates, or other third-party software as identified. For any Software made available for download on this Website, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
- The services are provided on an "as is" and "as available" basis. TravelKosh may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. TravelKosh 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 You obtain from TravelKosh or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
- As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a TravelKosh account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. TravelKosh does not knowingly collect the information of anyone under the age of 13.
- Your use of this Website is intended for personal, noncommercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.
- You further represent and warrant that that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
- We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. TravelKosh does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.
The content and information on this Website (including, but not
limited to, messages, data, information, text, music, sound, photos,
graphics, video, maps, icons, software, code or other material), as
well as the infrastructure used to provide such content and
information, is proprietary to us. 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, content, software, products, or services obtained
from or through this Website. Any other use of TravelKosh content
requires the prior written permission of TravelKosh.
Additionally, you agree that you will not and will not assist or enable others to:
- use this Website or its contents for any commercial or unlawful purpose;
- access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission.
- bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
- deep-link to any portion of this Website for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;
- use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
- use the Website to promote bigotry or discrimination against protected classes; use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Website to submit or transmit pornography or illegal content use in the website to solicit personal information from minors or to harm or threaten to cause harm to minors;
- attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- use the Website to violate the security of any computer network, crack passwords or security encryption codes;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
- You need to create an account and provide information about yourself in order to use some of the features on the Website. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account.
- Your account is for your personal, non-commercial use only. You may not impersonate someone else create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to close your account at any time for any or no reason.
- We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.
- You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the Website. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
As a user of this website, you understand and agree that:
- neither Travelkosh nor its affiliates will have any liability to you or others for any unauthorised transactions made using your password or account; and
- the unauthorised use of your password or account could cause you to incur liability to both Travelkosh and other users.
When you use TravelKosh, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website.
Service Provider Policy
- We may employ or engage with Third Party Operators or Local Partners or Third Party Service Providers and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
- All payment transactions carried out by us or our chosen Third Party Operators or Local Partners or Third Party Service Providers of payment processing services will be encrypted using online encryption technology. You are responsible for keeping your chosen password confidential and not to share your password with any third party.
- Certain Third Party Operators or Local Partners or Third Party Service Providers offer the opportunity for trip reservations to be paid wholly or partly and as required under the payment policy of third-party operator or service provider or local partner during the Trip Reservation process, by means of secure online payment (to the extent offered and supported by your bank). For certain products and services, TravelKosh facilitates (through third party payment processors) the payment of the relevant product or service for and on behalf of the Third Party Operators or Local Partners or Third Party Service Providers (TravelKosh never acts nor operates as the merchant of record).
- Any payment facilitated by us for and on behalf of, and transferred to the third-party operator or service provider or local partner will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
- TravelKosh being merely a facilitator , shall not be liable for any act, omission, default of any third-party operator or service provider or local partner or any other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the User or for any person traveling with him /her.
- You shall not hold any right to recover from TravelKosh any amount which is transferred by you to any Third Party Operators or Local Partners or Third Party Service Providers.
Unforeseen Circumstances and Operator Cancellations and Refunds
- There can be exceptional circumstances where TravelKosh and or the Service Providers may be unable to honor the confirmed bookings due to various reasons like an act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond our control. If we have advance knowledge of any such situations where dishonor of bookings may happen, we will make our 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 TravelKosh being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstances. You have to contact the Service Provider directly for any further resolutions and refunds.
- By making a Trip Reservation with a Third-party, you accept and agree to the relevant cancellation and no-show policy of that Third-party, and to any additional (delivery) terms and conditions of the Third-party that may apply to your Trip (including the fine print of the Third-party made available on our Platform and the relevant house rules of the Third-party), including for services rendered and/or products offered by the Third-party. The relevant (delivery/purchase/use) terms and conditions of Third-party can be obtained with the relevant third-party.
- The general cancellation and no-show policy of each Third-party is made available on our Platform on the Third-party information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Applicable city/tourist tax may still be charged by the Third-party in the event of a no-show or charged cancellation. Check the (reservation) details of the product or service of choice thoroughly for any such conditions prior to making your reservation. Note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Third-party and the reservation. Cancellation and prepayment policies may vary per segment, product, activity, or service of each Trip. Carefully read the important information in your reservation confirmation for additional policies as may be applied by the Third-party (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the Third-party agrees or allows otherwise under its (pre)payment and cancellation policy.
- If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Third-party so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Third-party. TravelKosh does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Third-party.
- However and to the extent permitted by law, neither we nor any of our 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 (i) 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, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the service Provider as made available by TravelKosh, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) 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 services, or (v) 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 Service Provider 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.
- TravelKosh is 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 Service Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the ServiceProvider).
- Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the third party. TravelKosh is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
- Whether or not the Service Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Service Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. TravelKosh is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. TravelKosh does not act as the merchant of record for any product or service made available on the Platform.
Modification and Amendments to Bookings
- Any changes that are made to any existing booking shall be subject to certain charges levied by the respective Service Provider, apart from the service fee charged by TravelKosh.
- The User shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the Service Provider’s policy and charges for changes or modifications to existing bookings may vary.