Applicability of the Agreement
This agreement incorporates the terms of use for website or mobile application and / or using any other customer interface channels of Flamingo Transworld Pvt. Ltd and its affiliate Companies ("COLORS HOLIDAY LLP", “we”, “us” or “our”) used to provide services to the person/s ("User", “you”, “your”). This agreement will apply to User/s intending to purchase or inquiring for any products and/ or services offered by COLORS HOLIDAY LLP on the website and mobile application. Note COLORS HOLIDAY LLP includes its sales persons, offices, call centers, advertisements, information campaigns etc. Both User and COLORS HOLIDAY LLP are individually referred as 'party' to the agreement and collective referred to as 'parties'.
User's Responsibility of Cognizance of this Agreement
1. The Users availing services from COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or COLORS HOLIDAY LLP with respect to any services to be provided by COLORS HOLIDAY LLP shall be restricted to the scope of this agreement. If you do not accept these terms and conditions, do not continue to use or access this website or mobile application.
2. COLORS HOLIDAY LLP reserves the right, in its sole discretion, to terminate the access to any or all COLORS HOLIDAY LLP website or mobile application 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.
3. The use of this website or mobile application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” under the Indian Contract Act, 1872, including minors, infirm, undischarged solvents are not eligible to use the website or mobile application.
4. COLORS HOLIDAY LLP grants you a limited, non-transferable license to use this website or mobile application in accordance with the terms and conditions of this Terms of Use Agreement. Following are the obligations of the User towards COLORS HOLIDAY LLP while using the website or the mobile application.
You may only use this website or mobile application to make legitimate reservations or purchases and shall not use this website or mobile application for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
You shall not make reservation in the name of fictitious person.
You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this website or mobile application.
You agree that you shall not take any action that imposes a burden or load on our infrastructure that COLORS HOLIDAY LLP deems in its sole discretion to be unreasonable or disproportionate to the benefits COLORS HOLIDAY LLP obtains from your use of the website or mobile application.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offense or attempt to commit a criminal offense, or give rise to civil liability, or otherwise violate any law.
You are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, worm or other harmful item or programme that may damage, detrimentally interfere with, surreptitiously intercept and/or expropriate any system, data or important information, (d) create any liability for us or cause us to lose (fully or partially) the services of our ISPs or other suppliers, or (e) is used to unlawfully collude against another person in restraint of trade or competition.
You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website or mobile application.
5. In addition to the above, there are certain terms of service (TOS) specific to the services rendered/ products provided by COLORS HOLIDAY LLP like the air tickets, hotel, MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by their suppliers, we advice the Users to visit go through their terms and conditions and TOS in the event of a conflict, the terms of this Agreement shall prevail. The User is required to read and accept the relevant TOS for the service / product availed by the User basis the flight, hotels, package, tour bought by the User.
6. COLORS HOLIDAY LLP'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 COLORS HOLIDAY LLP's Services.
7. 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 COLORS HOLIDAY LLP document, then these terms shall control.
8. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
If you use this website or mobile application, you alone are responsible for maintaining the confidentiality of your account information, Username and your password/s. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract and are capable, ready and willing to discharge any liability you may incur as a result of the use of this website or mobile application. You understand that you are financially responsible for all uses of this website or mobile application by you and those using your login information.
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 COLORS HOLIDAY LLP immediately in writing of any unauthorized use of their password or account or any other breach of security. COLORS HOLIDAY LLP 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.
9. By using the Account Access service in COLORS HOLIDAY LLP's website or mobile applications, the User authorizes COLORS HOLIDAY LLP and its agents to access third party website or mobile applications, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
10. COLORS HOLIDAY LLP is responsible only for the transactions that are done by the User through COLORS HOLIDAY LLP. COLORS HOLIDAY LLP 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.
11. 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.
Fees Payment.
COLORS HOLIDAY LLP reserves the right to charge fees for certain services or products, as well as transaction fees based on certain completed transactions using the services. COLORS HOLIDAY LLP 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.
2. In case, there is a short charging by COLORS HOLIDAY LLP 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.
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. COLORS HOLIDAY LLP 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 The User shall request COLORS HOLIDAY LLP for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and COLORS HOLIDAY LLP 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 air or hotel booking shall be deemed to have been forfeited.
4. Please note that in case of special offers, promotions or schemes additional terms and conditions of these offers, promotions or schemes will be applicable in addition to these terms and conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions or schemes in order to be eligible to avail benefits under such offers, promotions or schemes. If you fail to make the payment by the due date and/or do not comply with all the terms and conditions of the offer, promotion or scheme you would not be entitled to receive the benefit under such offer, promotion or scheme.
Usage of the Mobile Number of the User by COLORS HOLIDAY LLP
1. COLORS HOLIDAY LLP 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 given by the User at the time of booking; COLORS HOLIDAY LLP 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.
2. The User hereby unconditionally consents that such communications via SMS and/ or voice call by COLORS HOLIDAY LLP is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
3. The User will indemnify COLORS HOLIDAY LLP against all types of losses and damages incurred by COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP 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.
Force Majure Circumstances
1. 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 COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP, services committed earlier may not be provided or may involve substantial modification. In such cases, COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP arising under any circumstances, in respect of any services offered on the website or mobile application, 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 COLORS HOLIDAY LLP for its services.
2. In no event shall COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP website or mobile application(s) or any other channel . Neither shall COLORS HOLIDAY LLP be responsible for the delay or inability to use the COLORS HOLIDAY LLP website or mobile applications or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the COLORS HOLIDAY LLP website or mobile application(s), or otherwise arising out of the use of the COLORS HOLIDAY LLP website or mobile application(s), whether based on contract, tort, negligence, strict liability or otherwise.
COLORS HOLIDAY LLP 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 or mobile application pages.
Feedback from Customer and Solicitation
1. The User is aware that COLORS HOLIDAY LLP provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP for specific exclusion at [email protected] or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of COLORS HOLIDAY LLP on its website or mobile application in accordance of which COLORS HOLIDAY LLP contacts, solicits the User or shares the User's information.
Responsibilities of User Vis-A-Vis the Agreement
1. The User expressly agrees that use of the services is at their sole risk. To the extent COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. COLORS HOLIDAY LLP may change the features or functionality of the services at any time, in their sole discretion, without notice. COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP pages or otherwise use any of the contents, pages, information or any other material provided by COLORS HOLIDAY LLP. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the Terms of Use, is to discontinue using the services after notifying COLORS HOLIDAY LLP in writing.
Updating of the Information by COLORS HOLIDAY LLP
1. User acknowledges that COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP or mobile application or mobile applications or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as COLORS HOLIDAY LLP notices them. Changes are/may be periodically made/added to the information provided such. COLORS HOLIDAY LLP may make improvements and/or changes in the COLORS HOLIDAY LLP website or mobile applications at any time without any notice to the User. Any advice received except through an authorized representative of COLORS HOLIDAY LLP via the COLORS HOLIDAY LLP website or mobile applications should not be relied upon for any decisions.
Modification of these Terms of Use
1. COLORS HOLIDAY LLP reserves the right to change the terms, conditions, and notices under which the COLORS HOLIDAY LLP website or mobile application are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Right to Refuse
1. COLORS HOLIDAY LLP at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by COLORS HOLIDAY LLP is not complete until full money towards the service is received from the customer and accepted by COLORS HOLIDAY LLP. Without prejudice to the other remedies available to COLORS HOLIDAY LLP under this agreement, the TOS or under applicable law, COLORS HOLIDAY LLP may limit the User's activity, 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 or mobile application if:
a. The User is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
b. COLORS HOLIDAY LLP is unable to verify or authenticate any information provided by the User; or
c. COLORS HOLIDAY LLP 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 or mobile application and/or COLORS HOLIDAY LLP.
2. COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP or use the website or mobile application in any manner whatsoever until such time that the User is reinstated by COLORS HOLIDAY LLP. Notwithstanding the foregoing, if the User breaches this agreement, the TOS or the documents it incorporates by reference, COLORS HOLIDAY LLP reserves the right to recover any amounts due and owing by the User to COLORS HOLIDAY LLP and/or the service provider and to take strict legal action as COLORS HOLIDAY LLP deems necessary.
Right to Cancellation by COLORS HOLIDAY LLP in Case of Invalid Information from User
1. The User expressly undertakes to provide to COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP.
2. In case COLORS HOLIDAY LLP 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, COLORS HOLIDAY LLP 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, COLORS HOLIDAY LLP 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.
3. The User unequivocally indemnifies COLORS HOLIDAY LLP of any such claim or liability and shall not hold COLORS HOLIDAY LLP responsible for any loss or damage arising out of measures taken by COLORS HOLIDAY LLP for safeguarding its own interest and that of its genuine customers. This would also include COLORS HOLIDAY LLP denying/cancelling any bookings on account of suspected fraud transactions.
Safety of Data Downloaded
'1. 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.
2. Nevertheless, COLORS HOLIDAY LLP will always make its best endeavors to ensure that the content on its website or mobile application or other information channels are free of any virus or such other malwares.
Intellectual Property Rights
1. COLORS HOLIDAY LLP 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 COLORS HOLIDAY LLP and shall not copy, transmit or create derivative works of such material without express authorization.
2. 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.
3. 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.
Confidentiality
1. Information concerning COLORS HOLIDAY LLP, or any of its subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of COLORS HOLIDAY LLP and is confidential except for the necessary disclosures required by law.
Personal And Non-Commercial Use Limitation
1. Unless otherwise specified, the COLORS HOLIDAY LLP offered on the website or mobile application or other medium 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 COLORS HOLIDAY LLP website or mobile application(s) without the express written approval from COLORS HOLIDAY LLP.
Indemnification
1. The User agrees to indemnify, defend and hold harmless COLORS HOLIDAY LLP and/or its affiliates, their website or mobile applications 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 COLORS HOLIDAY LLP and/or its affiliates, partner website or mobile applications 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.
2. The User shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and COLORS HOLIDAY LLP cannot be held responsible for the same.
Severability
1. 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.
Jurisdiction
1. COLORS HOLIDAY LLP hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. COLORS HOLIDAY LLP considers itself and intends to be subject to the jurisdiction only of the courts of Karjat, Maharashtra, India.
