ROLE OF HolidayEyes AND LIMITATION OF LIABILITY OF HolidayEyes
- HolidayEyes acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context includes all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.
- All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to HolidayEyes. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. HolidayEyes will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL
- The hotel booking voucher which HolidayEyes issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can HolidayEyes be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of HolidayEyes in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of HolidayEyes (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.
- Hotels reserves the sole right of admission and HolidayEyes has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. HolidayEyes will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of HolidayEyes. No refund would be applicable in case the hotel denies check-in under such circumstances.
RESPONSIBILITIES OF THE USER
- The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. HolidayEyes would not, in any way, intervene in the same.
- The primary guest must be at least 18 years old to be able to check into the hotel.
- The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
- Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out request is subject to availability and the hotel may charge an additional fee for providing such services.
ADDITIONAL CHARGES BY THE HOTEL
- The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.
- Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year’s Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. HolidayEyes will have no control over waiving the same.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
- Booking of a hotel can either be “Prepaid”, or “Pay at hotel” as per the options made available by a hotel on the Website of HolidayEyes.
- In “Prepaid” model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, and service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by HolidayEyes.
- At the hotel’s or HolidayEyes sole discretion on case to case basis, the User may also be provided with an option to make a part payment to HolidayEyes at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide HolidayEyes with correct credit or debit card details. HolidayEyes may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
- Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
- Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by HolidayEyes and solely at the behest of the Hotel.
- In “Pay at hotel” model, the concerned hotel will collect the entire payment against the booking at the time of check-in. In case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the hotel. For security purposes, the User must provide HolidayEyes with correct credit or debit card details. HolidayEyes may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
- The Website may contain links to third party websites. HolidayEyes does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and HolidayEyes shall assume no liability for the same.
- HolidayEyes is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
- HolidayEyes does not endorse any advertisers on its Website, or any linked sites in any manner except the linked site easeroom.com for Hotel Bookings on its Website. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
- The linked sites are not under the control of HolidayEyes and hence HolidayEyes is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. HolidayEyes is providing these links to the Users only as a convenience.
- CAR RENTALS
- “Cab” as may be used in this document includes all categories of transport vehicles like sedans, hatchbacks, sport utility vehicles, multi utility vehicles, and any other vehicle meant for transporting passengers.
- “Cab Operator” means all the car operators providing their vehicles along with their drivers;
TYPES OF CAR RENTAL BOOKINGS FACILITATED BY HolidayEyes
- Outstation Cab: This enables User(s) to book vehicles operated by cab operators having All India Tourist Permit (AITP) vehicles and operating between two separate cities. On the basis of the demand/requirement of the User, HolidayEyes as a facilitator connects the User with the concerned cab operator.
- Cabs (intracity and intercity): This enables User to book vehicles operated by cab operators having AITP license on hire/rental basis. This service shall be provided for both intercity and intracity on exclusive basis by booking the entire Vehicle of the cab/taxi operators.
- Airport Drop: This shall exclusively cater to the needs of User intending to travel from and to the Airport. The service provided is intracity in nature and shall not facilitate the User to book intercity Airport drops
ROLE OF HolidayEyes AND LIMITATION OF LIABILITY
- HolidayEyes does not operate cab services on its own. In order to provide a comprehensive choice of cab services, cab types and prices to User, it has tied up with many Cab Operators.
- HolidayEyes acts only acts a facilitator between the Cab Operator and User. The transaction is always between the Cab Operator and the User.
- It is the sole responsibility of the Cab Operator to ensure it has all the requisite licenses, approvals, insurance and permits from appropriate authorities required to undertake the travel booked. HolidayEyes gives no warranty or assurance in regard to requisite licenses, approvals, insurance and permits which the Cab Operator is supposed to obtain from appropriate authorities.
- HolidayEyes shall not be responsible in any manner whatsoever for any claims with respect to the trip including without limitation, claims pertaining to timeliness, safety, continuity, uninterrupted travel, quality, conditions of vehicle or driving skill, the Cab not departing or reaching on time, behaviour of the cab driver, interiors of the Cab, cancellation of the trip by the Cab Operator due to any reason whatsoever, the baggage of the User getting lost, stolen or damaged, the Cab Operator providing a different type of Cab to the User, the User waiting at the wrong boarding point, the User being dropped to nearest location by the driver of the Cab due to any unavoidable circumstances, or any act or omission of Cab Operator causing accident, loss of life to the User.
- HolidayEyes will not be liable to User or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of the information derived by User through usage of Website, in so far as such information is provided by the Cab Operator.
- In case of break down or accident of Cab where Cab Operator has been unable to make alternative arrangement, HolidayEyes shall provide proportionate refund to User for uncovered distance. Any claims, liabilities or legal costs arising out of such event shall be borne by the Cab Operator.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
- Booking of a Cab can either be “Prepaid”, or “Part Payment” as per the options made available by the Cab operator on the Website of HolidayEyes.
- In “Prepaid” model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the base fare, applicable taxes, service fees as may be charged on behalf of the Cab operator, and any additional booking fee or convenience fee charged by HolidayEyes.
- In “Part Payment” model, the User is required to pay a specific percentage of the total booking amount at the time of making the booking and balance payment shall be made directly to the driver at the time of check-in.
- Any booking is subject to applicable cancellation policy set out on the booking page or as communicated to the User(s).
- In case of Car Rental and Outstation Cab bookings, the booking amount paid does not include toll charges, interstate taxes, passenger taxes or any other applicable levies and the same shall be borne by the User.
- Expenses like toll charges, permit charges, parking charges, entry fees, Service Tax & any other Government Tax as per Government guidelines are to be borne by the User and paid directly to the driver.
- The estimate cost provided at the time of booking is not to be construed as the final pricing for your trip unless specifically indicated. The final amount for your trip will be calculated based on actual usage (number of Kilometers and hours). Distance and time are calculated from garage to garage and not from the pick-up of the User for both within city and outside city trips.
- The travel allowance wherever applicable has to be paid directly to the driver.
RESPONSIBILITIES OF THE USERS
- The User must carry a valid photo-id proof during the trip and present the same to the Cab Operator or driver of the Cab before boarding the Cab. In the event of a mismatch in the identity of the User or traveller, the Cab Operator or the driver of the Cab may, at their discretion, deny boarding to such User.
- Cab Operator is obligated to commence the trip as soon as the User boards the Cab. User shall report to HolidayEyes in case the driver denies to commence the trip for any reason whatsoever.
- User shall board the Cab on or within such time as informed at the time of booking or provided in the booking voucher. In case the User fails to board the cab within the given timeline, Cab Operator will have the liberty to cancel the booking without informing the User.
- User will not have any right, title or interest in the Cab provided for the given trip.
- Once a Trip is booked by User, changes in departure time, boarding or dropping points are not permitted.
- Any failure by User to board the Vehicle within the given timelines at the boarding point or trip commencement point, shall result in forfeiture of the total booking amount paid by the User without any refund rights.
- User shall stop and take breaks at specified places only. User shall avoid taking additional breaks except in case of emergency.
- User shall be responsible and liable for their own safety and security of luggage. HolidayEyes shall not be responsible for any loss to User or their luggage in any event.
- In the event of any dissatisfaction with any of the services provided by Cab Operator or HolidayEyes, the matter must be reported directly to Cab Operator or HolidayEyes, in order that appropriate action may be taken to remedy the problem.
- The booking made by the User should be strictly for tourism purposes only.
- The trip should be undertaken in the User’s personal capacity and shall not be used for profit making in any commercial context.
DO’s AND DON’Ts FOR THE USER
THE USER SHALL:
- Arrive on time at the appointed pick up point as mutually agreed with Cab Operator;
- Maintain and ensure good and humble conduct with Cab Operator during the trip and on failure to do so, Cab Operator may require such User to disembark the Cab;
- Prior to commencement of trip, check and agree with Cab Operator on dimension/weight of the luggage that can be accommodated in the boot space of the Cab;
- Check the starting time and the reading on the odometer at the start of the trip. Disputes regarding the same will not be acceptable after completion of journey.
THE USER SHALL NOT:
- Ask Cab Operator to violate any traffic rules, or the city police or government rules or other applicable laws for any reason whatsoever;
- use services offered under this head for any purpose which is unlawful or illegal under the applicable laws;
- insist on disembarking at any place expect the point of drop as provided by the User at the time of booking;
- board the Cab if he/ she is intoxicated or under influence of any drug or similar abusive substances.
- ACTIVITIES AND OTHER SERVICES
- ‘Activity’ includes day tours & sightseeing, spa & wellness, adventure sports, cruise, theme/ amusement parks, buffets & dining or any other service/product booked on the Website.
- The provider of the Activity will be referred as ‘Activity Provider’, who shall be solely responsible for provision of the products/ services booked by the User.
ROLE OF HolidayEyes AND LIMITATION OF LIABILITY
- HolidayEyes’s role is limited to facilitating the procurement of an Activity service by the User from the Activity Provider. The transaction or the service fulfilment relation is always between the User and the Activity Provider
- HolidayEyes shall not provide pick up and drop facility for any Activity unless otherwise explicitly mentioned in the confirmation of the reservation.
- HolidayEyes shall not be liable or responsible for:
- Any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, inaccurate information, deficiency of service/product, or cancellation due to conditions not under the control of Activity Provider;
- The health, safety and well-being of the User in the course of availing the Activity or thereafter;
- Any incidental or ancillary services which is directly purchased by the User from the Activity Provider;
- Any incorrect information provided by the Activity Provider.
- The maximum liability of HolidayEyes will be limited to refund of booking amount which was received by HolidayEyes for reservation of the Activity.
RESPONSIBILITIES OF THE USERS
- The User agrees to comply with the terms and conditions of Activity Provider in addition to HolidayEyes’s User Agreement and Terms of Service.
- The User will be required to present the booking / confirmation voucher issued by HolidayEyes in order to avail the Activity
- The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of Activity booked outside India or any other document as specified by the Activity Provider in order to utilize the Activity booked.
- The User may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Activity where mandated by the Activity Provider.
- The User shall reach out to Activity Provider directly for any concerns subsequent to the confirmation of reservation.
- The User should ensure that he qualifies all the eligibility criteria for availing the Activity including but not limited to age limit, weight limit, medical conditions etc. User understands that in case he is found unfit or illegible for the Activity, Activity provider may or may not allow the User to avail the said Activity.
PAYMENTS FOR BOOKINGS, AND CANCELLATIONS
- Reservations will be subject to cancellation and refund policies of the Activity Provider which may vary from time to time.
- HolidayEyes may charge applicable taxes or service charge, convenience fees etc. wherever applicable. .
SPECIAL OFFERS AND COUPONS
The following terms will additionally apply to any coupon provided by HolidayEyes:
- HolidayEyes’s responsibility is limited to sharing the coupon with the User subject to receipt of payment from the User;
- The redemption of coupon is User’s responsibility, and providing the service will be the Activity Provider’s responsibility;
- The expiry date of the coupon shall be mentioned on the coupon and the User will not be able the use the coupon subsequent to the date of expiry;
- The coupon is not redeemable for cash;
- The coupon once purchased cannot be refunded or cancelled