This User Agreement establishes an enforceable contract between you, the user (“the user”, for short) AND Om sai ram vacations (“OSR VACATION PVT LTD”, for short), for the use of various services that are provided by OSR VACATION PVT LTD. The same would be effective as of the submission date indicated in the initial online services order form once accepted by web portal of OSR VACATION PVT LTD (www.osrvacation.com).
OSR VACATION PVT LTD, a company incorporated in accordance with the laws of India under The Companies Act, 1956, with its principal office at E-16-448 Sector 8 Rohini New Delhi -110085, India, subject to the terms and conditions of this agreement, provides diverse travel related services through its website (www.osrvacation.com), retail outlets, call centers and mobile-cellular technology.
OSR VACATION PVT LTD shall provide the user, travel-related information, current pricing, availability and reservations for airlines, hotels, railway, holiday packages, and bus and car rentals across cities and rural areas throughout India (“services”, for short). These services may be availed by the User in India at any time during the year as is offered by various third party vendors like airlines, hotels, etc. (“Service Providers”, for short).This agreement will be applicable to all the services catered by OSR VACATION PVT LTD.
It is amply made clear that OSR VACATION PVT LTD is catering services on behalf of third party service provider and if there are any terms of services / guidelines / operating rules (“TOS”, for short) prescribed by the Service provider opted by the user, it has to be additionally accepted by the user to avail each of such services, which may be updated or modified by OSR VACATION PVT LTD from time to time. Such TOS 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 availing any services catered by OSR VACATION PVT LTD has to unconditionally and unequivocally accept all the terms and conditions, notices contained in the agreement and the terms of services of the third party service provider mentioned herein, partial acceptance or any modification is not permissible and would be held null and void. It is hereby mentioned that availing of services would automatically imply total acceptance of terms and conditions of OSR VACATION PVT LTD and in case of any reservations on the part of the user in accepting any terms and conditions of the present agreement, the user is advised to refrain from using the services offered by OSR VACATION PVT LTD and exit immediately. It would be further imperative to mention that the third party service provider may be having some additional terms of services that are not finding a mention in the contents of the website of OSR VACATION PVT LTD, it is incumbent on the user to verify and accept such terms of services of service provider, for availing each of the services opted by the user.
In addition to this it is at the sole discretion of OSR VACATION PVT LTD not to accept any order place by the user through OSR Vacation Pvt Ltd Pvt Ltd- New Delhi website. Furthermore, OSR VACATION PVT LTD would not be liable to assign reasons thereof with respect to such non acceptance of order. Any transaction done on the OSR Vacation Pvt Ltd Pvt Ltd- New Delhi website would attain finality and would have binding effect only if full amount for the services opted would be remitted from the user’s end and accepted by OSR VACATION PVT LTD.
MODIFICATION OF TERMS
OSR VACATION PVT LTD reserves the right to change the contents of its website (www.osrvacation.com) including but not limited to terms, conditions, notices under which the services are offered through the Website and also the charges for the services provided through the Website. It is incumbent on the user to keep him abreast and updated by regularly reviewing these terms and conditions.
INFORMATION UPDATION BY OSR VACATION PVT LTD
User acknowledges that OSR VACATION PVT LTD provides services with reasonable diligence and care. It endeavors its best to ensure that the user does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the OSR VACATION PVT LTD websites or other sales channels and ad materials may include inaccuracies, typographical or inadvertent errors which will be immediately corrected as soon as OSR VACATION PVT LTD notices them. Changes are / may be periodically made / added to the information provided such. OSR VACATION PVT LTD may make improvements and / or changes in its websites at any time without any notice to the user. Any advice received except through an authorized representative of OSR VACATION PVT LTD via the OSR VACATION PVT LTD websites should not be relied upon for any decisions.
PRIVACY & SECURITY
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service offered by OSR VACATION PVT LTD through its website (www.osrvacation.com) which is specifically meant for personal and non-commercial use only. The User further agrees and undertakes not to reverse engineer, 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 Website.
OSR VACATION PVT LTD is not a travel agency or an agent of any travel agency or a hotelier or an agent of any hotelier. OSR VACATION PVT LTD, its affiliates or its licensors, vendors, service providers respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnities”) do not own or control any travel agent, hotelier or hotel. Ether OSR VACATION PVT LTD, its affiliates or its indemnities shall be responsible for the negligence, acts or omissions of any travel agent, hotelier or hotel (or any of their agents, contractors and customers).
From time to time, a hotel may, at its discretion, relocate guests holding reservations at the hotel to other comparable accommodations. The user agrees that OSR VACATION PVT LTD shall not be held liable for any claims by the user in connection with any such change in your accommodations.
OSR VACATION PVT LTD, its affiliates and its indemnities shall in no event be responsible or liable for any claim, damage or liability of any nature arising either directly or indirectly from the use of this website. OSR VACATION PVT LTD, its affiliates and its indemnities shall not be liable for any events, occurrences or accidents, relating directly or indirectly to the use or occupancy of the hotel or its related services, including, without limitation, claims for personal injury (including death) and property damage, or any other loss or damage of any kind whatsoever. In no event shall OSR VACATION PVT LTD, its affiliates and its indemnities be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use or functioning of this website, whether based on contract, tort, strict liability, or otherwise, even if OSR VACATION PVT LTD, its affiliates and its indemnities have been advised of the possibility of damages.
By availing and using the facility provided by OSR VACATION PVT LTD in its website (www.osrvacation.com), the user acknowledges that they are using the service at their own risk. The service is provided “as is”, “with all faults” and on an “as available” basis, and OSR VACATION PVT LTD and its indemnities hereby expressly disclaim any and all representations, warranties, and guarantees, express and implied, including but not limited to any warranties of accuracy, authenticity, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any content contained therein or provided by us or the service provider. OSR VACATION PVT LTD and its indemnities do not represent, warrant or guarantee that access to the service and / or communications or messaging from or to OSR VACATION PVT LTD including its website and indemnities would be uninterrupted, timely, or error free, or that there will be no failures, delays, inaccuracies, errors or omissions or loss of transmitted content, or that no software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature will be transmitted on or through the service, and OSR VACATION PVT LTD and its indemnities will not be held liable in the event of any such occurrence.
OSR VACATION PVT LTD and its indemnities are not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable, or incompletely received communications or messaging from or to OSR VACATION PVT LTD and its indemnities or the Client for any reason, including by reason of hardware, software, browser, network, communications system failure, malfunction, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a user’s computer, mobile or other device or access provider, insufficient space on user’s computer, mobile or other device or account / profile, or any other cause or combination thereof.
Effective measures have been taken by OSR VACATION PVT LTD to cater all the information given on the website to be true, but no warranty can be tendered by OSR VACATION PVT LTD with regard to content, accuracy or completeness of any data provide on the website, and OSR VACATION PVT LTD hereby undertakes no responsibility with respect to any loss incurred by the user and hereby absolves itself of every liability, responsibilities, or any other claim whatsoever arises due to use of any information on the website. Further OSR VACATION PVT LTD would not be responsible for any changes occurred / data entered on the website, by any unauthorized person which leads to deception / loss to the user.
It is being further mentioned that OSR VACATION PVT LTD limits its responsibility to booking of services only and changes in context of operation and management of the said services by the service provider would not in any manner attract liability for OSR VACATION PVT LTD.
Any agreement / arrangement between the user and service provider would make them solely responsible for any breach of agreement / arrangement if arises, as OSR VACATION PVT LTD is only acting as facilitator of services provided by third party vendor / service provider, and would be limiting its liability to booking of services only.
OSR VACATION PVT LTD do not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Under no circumstances will OSR VACATION PVT LTD be liable for any kind of direct or indirect damage arising on account of the following:- (i) use / non-use of the services concerned; (ii) cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (iii) any kind of unauthorized use of data pertaining to customers which shall be available in public domain; (iv) other matters incidental thereto.
OSR VACATION PVT LTD shall not be responsible for any kind of inconvenience caused in the unhindered functioning of the website, payment portal and other related matters. In the event a delay is caused due to maintenance of the website concerned or cancellation of any particular service, OSR VACATION PVT LTD cannot be made liable for the same if it is beyond its control.
OSR VACATION PVT LTD shall not be liable under the general laws of land as well as under contract, torts etc. The user has to comprehend and acknowledge the fact that any kind of information/ other data downloaded from the website is done at their own risk and that, in no way, can be a ground to attract liability for OSR VACATION PVT LTD if such data causes any damage to their property.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The upper limit for liability / penalty on behalf of OSR VACATION PVT LTD would mean refund of the total amount received from the user in lieu of providing of the said services. In the event any amount is to be deducted on account of availing of some specific service, the upper limit in those situations shall mean the total refund amount less amount deducted. Apart from these aforementioned events, OSR VACATION PVT LTD shall not be liable for any kind of direct or incidental damage or refund of charges, fee to Service Provider etc.
Certain features, functionality, and / or content offered on or through the service may be hosted, administered, run or otherwise participated in by third parties, such as our service providers that provide social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, auctions, shopping, and personal / job search and other classified ads. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and / or rules. USER’s compliance with any such additional terms, conditions, contracts, agreements and / or rules is solely User’s responsibility and will have no effect on User continuing obligation to comply with the agreement when using the service. OSR VACATION PVT LTD, its affiliates and indemnities specifically disclaim any and all liability in connection with the acts or omissions of such third parties.
USAGE OF MOBILE NUMBER OF THE USER BY OSR VACATION PVT LTD
The OSR VACATION PVT LTD agrees to send booking confirmation & itinerary information & update the user on the booking status and any further itinerary information via SMS (short messaging service) on the mobile number given by the user at the time of booking. The user hereby unconditionally consents such intimation via SMS by OSR VACATION PVT LTD in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.
PROHIBITION AGAINST UNLAWFUL USE
Any attempt to do any of the foregoing prohibited acts, or to otherwise undermine the operation of the service, may be a violation of criminal and civil law of the land. For any such act which is prohibited by law of the land, OSR VACATION PVT LTD reserves the right, in addition to other remedies, to seek damages (including but not limited to attorneys’ fees) from any such individual or entity to the fullest extent permitted by law, including criminal prosecution.
OSR VACATION PVT LTD reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. OSR VACATION PVT LTD 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 OSR VACATION PVT LTD 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, OSR VACATION PVT LTD shall process the refund and intimate the user of the same. OSR VACATION PVT 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.
USER’S OBLIGATIONS AND USER ACCOUNT
Services catered and tendered by OSR VACATION PVT LTD can only be availed by person competent to Contract, and any person prohibited / barred by law of contract or any applicable law in practice is not permitted to avail the services. All the infrastructure cost necessary for availing the services of OSR VACATION PVT LTD through its website would be primarily borne by the user himself. The user by accessing to services, assent to receive any messages with respect to those services by OSR VACATION PVT LTD as well as third party vendor and service provider.
Registration for availing the services is optional, and upon complete registration the user will receive User Id and password and user would be solely responsible for security of User Id and password. The Password entered by the user is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to OSR VACATION PVT LTD.
OSR VACATION PVT LTD would disclaim every possible liability, if arises, from inception of the services till the point of final availing of them by the user i.e. from registration to payment of fees.
User by agreeing to the said services further undertakes to not upload / alter / misuse anything provided on the website.
Right to cancellation by OSR VACATION PVT LTD in case of invalid information from the user the user expressly undertakes to provide to OSR VACATION PVT LTD 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 OSR VACATION PVT LTD.
In case if OSR VACATION PVT LTD 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 them, OSR VACATION PVT LTD 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, OSR VACATION PVT LTD 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 OSR VACATION PVT LTD of any such claim or liability and shall not hold OSR VACATION PVT LTD responsible for any loss or damage arising out of measures taken by OSR VACATION PVT LTD for safeguarding its own interest and that of its genuine customers. This would also include OSR VACATION PVT LTD denying / cancelling any bookings on account of suspected fraud transactions.
RIGHT TO REFUSE
OSR VACATION PVT LTD at its sole discretion reserves the right to not to accept any user order without assigning any reason thereof. Any contract to provide any service by OSR VACATION PVT LTD is not complete until full money towards the service is remitted by the user and accepted by OSR VACATION PVT LTD.
Without prejudice to the other remedies available to OSR VACATION PVT LTD under this agreement, the TOS or under applicable law, OSR VACATION PVT LTD 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;
OSR VACATION PVT LTD is unable to verify or authenticate any information provided by the user; or
OSR VACATION PVT LTD 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 the Company.
OSR VACATION PVT LTD 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 OSR VACATION PVT LTD or use the website in any manner whatsoever until such time that the user is reinstated by OSR VACATION PVT LTD.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, OSR VACATION PVT LTD reserves the right to recover any amounts due and owing by the user to OSR VACATION PVT LTD and / or the service provider and to take strict legal action as OSR VACATION PVT LTD deems necessary.
User will have limited contract whereby OSR VACATION PVT LTD would be providing booking of services on behalf of the user and once the booking / reservation is done, the agreement with OSR VACATION PVT LTD would automatically get over / terminated, as OSR VACATION PVT LTD would be paying third party vendor on behalf of the user thus OSR VACATION PVT LTD stands absolved from all liabilities. Besides this there would be no other relationship between OSR VACATION PVT LTD and the user.
User agrees to indemnify, defend and hold harmless OSR VACATION PVT LTD, its licensors, vendors, service providers, and each of OSR Vacation Pvt Ltd Pvt Ltd- New Delhi and its Indemnities from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with User access, visitation and / or use of the Service, User Content, unauthorized use of content obtained on or through the service, breach or alleged breach of the Agreement, or from any of user acts or omissions in connection with the service.
TERMINATION OR SUSPENSION OF THE SERVICE
OSR VACATION PVT LTD reserve the right, in addition to its other remedies, to terminate, discontinue, suspend and / or restrict the service, user’s account / profile, user’s ability to access, visit and/or use the service or any portion thereof, and / or the agreement, including without limitation any of OSR Vacation Pvt Ltd Pvt Ltd- New Delhi purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of user’s account / profile, user’s ability to access, visit and / or use the service or any portion thereof, and / or the agreement, OSR VACATION PVT LTD reserve the right, in addition to our other remedies, to reassign, and / or allow another user to use, User password and / or User ID.
Even if the service, user’s ability to access, visit and/or use the service or any portion thereof, and / or the agreement is terminated, discontinued, suspended or restricted, by user himself or by OSR VACATION PVT LTD, OSR VACATION PVT LTD have no obligation to (but OSR VACATION PVT LTD may in its discretion) remove any content, and therefore copies of all information with regard to user’s account / profile and / or content user may have posted, uploaded, transmitted, sent or otherwise made available on or through the service, may be retained and / or remain viewable by OSR VACATION PVT LTD, its licensors, vendors, service providers and / or other third parties, including other users. Nevertheless, OSR VACATION PVT LTD have no obligation to retain, store, or provide the user with any information with regard to user account / profile and / or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service. All provisions of the agreement shall survive the termination or expiration of the agreement and / or user account / profile.
It is at the sole discretion of OSR Vacation Pvt Ltd Pvt Ltd, which reserves the right, to terminate the access to the website and the related services or any portion thereof at any time, without notice, but this will not affect the users who have prior booking for the services as OSR Vacation Pvt Ltd Pvt Ltd would be acting as agent on behalf of user and would be facilitating the services provided by the third party vendors, thus in turn enabling the customer to contract with the concerned service provider.
COMMUNICATIONS WITH USER
The communications between user and OSR Vacation Pvt Ltd Pvt Ltd usually use electronic means, whether you access, visit or use the Service, send messages to OSR Vacation Pvt Ltd Pvt Ltd, or whether OSR Vacation Pvt Ltd Pvt Ltd post notices on the service or communicate with the user via messaging. For contractual purposes, user (a) consents to receive communications from OSR Vacation Pvt Ltd Pvt Ltd in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that OSR Vacation Pvt Ltd Pvt Ltd provide to the user electronically satisfy any legal requirement that such communications would satisfy if they were in writing. User consent to receive communications and do business electronically and user agreement to do so apply to all of user interactions and transactions with us.
User understand and agrees that joining the Service may include receiving certain communications from OSR Vacation Pvt Ltd Pvt Ltd or service provider, such as transactional or relationship messages, and / or messages about User account/profile, and that these communications are considered part of User’s account / profile and user may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
OBLIGATION OF GETTING VISA
The travel bookings done by OSR Vacation Pvt Ltd Pvt Ltd are subject to the applicable requirements of Visa which are to be obtained by the user. OSR Vacation Pvt Ltd Pvt Ltd 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.
All materials on website, including but not limited to audio, images, software, text, icons and such like (the “Content”), may be protected by copyright under international conventions and copyright laws. The user shall not use the Content, except as specified therein. The user agrees to follow all instructions on website limiting the way user may use the Content. The website is the sole and exclusive property of the OSR Vacation Pvt Ltd Pvt Ltd or its licensors. OSR Vacation Pvt Ltd Pvt Ltd and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website. The website is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of the website may violate such laws.
There are a number of proprietary logos, service marks and trademarks found on website whether owned / used by OSR Vacation Pvt Ltd Pvt Ltd or otherwise. By displaying them on the website, OSR Vacation Pvt Ltd Pvt Ltd is not granting the user any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
CONTESTS AND INTERACTIONS
The website shall contain contests which require user to send in material or information about the user or offer prizes. Each contest has its own rules, which the user shall read and agree to before participation.
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: (a) If to OSR Vacation Pvt Ltd Pvt Ltd, at email id email@example.com or at the address posted on the Website. (b) If to a non registered User, at the communication and/or email address specified in the application form availing of our Service. (c) If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
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.
Each of the parties recognizes, accepts and agrees that all information obtained or disclosed, including but not limited to all data, documents, applications, papers, statements, slips, programmes, plans and / or any business / customer information, marketing strategies / plans and any and all other trade secrets, confidential knowledge or information of either party relating to its business, practices and procedures (hereinafter collectively referred to as “Information”) which may be provided or communicated by such party to the other party in connection with this agreement and / or in the course of performance under this agreement, shall be and shall remain the sole property of the party providing such Information and shall be of a strictly private and confidential nature and shall be treated as confidential by the other party.
During the term of this agreement and thereafter, neither party shall not make use of any such Information for any purpose whatsoever which is not necessary for the discharge of its obligations under this agreement, or to the disadvantage of the party providing such Information, nor shall the party receiving such Information divulge it to anyone other than the party providing the Information or persons designated by such party.
All Information shall be returned forthwith by the party receiving such Information to the party providing the Information on the expiry or termination of this agreement. Provided that the party receiving such Information shall, upon demand by the party providing it at any time during the term of this agreement, return to the party providing it, any and all Information.
The obligations of each of the parties contained in this clause shall continue for the term of this agreement and five (5) years after the termination of this agreement but shall not apply to any Information which: (a) is or hereafter comes into the public domain otherwise than through a breach by any Party of its obligations under this agreement; (b) is, at the time of disclosure, already known to the Party receiving the Information as evidenced by such Party’s written documentation; (c) is independently developed by employees of the Party receiving the Information who have not had access to or received any such Information under this agreement; or (d) is required to be disclosed for the purpose of providing Assistance hereunder subject to the other Party’s prior consent to the same: Provided, however, that nothing contained in this clause shall prevent any Party from disclosing such Information to the extent required in or in connection with legal proceedings arising out of this agreement or any matter relating to or in connection therewith.
Neither party shall issue any public statement concerning these arrangements or disclose the contents hereof or matters related thereto to the public or any third party except with the express prior written approval of the other party or except as required under applicable law.
The provisions of this clause shall survive even after the termination or expiry of this agreement.
Unless explicitly provided by OSR Vacation Pvt Ltd Pvt Ltd in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation / option of the user and OSR Vacation Pvt Ltd Pvt Ltd doesn’t accept any claims arising out of such scenarios. Insurance, if any provided as a part of the service / product by OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
HEADINGS AND SUBHEADINGS
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 the OSR Vacation Pvt Ltd Pvt Ltd 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 Company website, then these terms shall control.
INTERPRETATION WITH REGARD TO 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.
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 OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd, services committed earlier may not be provided or may involve substantial modification. In such cases, OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd 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 user 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 OSR Vacation Pvt Ltd Pvt Ltd for its services. In no event shall OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd website(s) or any other channel . Neither shall OSR Vacation Pvt Ltd Pvt Ltd be responsible for the delay or inability to use the OSR Vacation Pvt Ltd Pvt Ltd 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 OSR Vacation Pvt Ltd Pvt Ltd website(s), or otherwise arising out of the use of the OSR Vacation Pvt Ltd Pvt Ltd website(s), whether based on contract, tort, negligence, strict liability or otherwise.
OSR Vacation Pvt Ltd Pvt Ltd 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.
LINKS TO THIRD PARTY WEBSITES
OSR Vacation Pvt Ltd Pvt Ltd and its website (www.osrvacation.com) may contain hyperlinks to websites operated by parties other than OSR Vacation Pvt Ltd Pvt Ltd. Such hyperlinks are provided for user’s reference only. OSR Vacation Pvt Ltd Pvt Ltd does not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to the user to take precautions to ensure that whatever links the user select or software the user download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. OSR Vacation Pvt Ltd Pvt Ltd inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
GOVERNING LAW & ARBITRATION
Any dispute, difference, controversy or claim (“Dispute”) arising between the Parties out of or in relation to or in connection with this Agreement, of the breach, termination, effect, validity, interpretation or application of this Agreement or as to their rights, duties or liabilities thereunder, or as to any act, matter or thing arising out of, consequent to or in connection with this Agreement, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (the “Arbitration Act”). A sole Arbitrator shall be appointed by OSR Vacation Pvt Ltd Pvt Ltd. The decision of the Arbitrator shall be final and binding upon the Parties. The venue of arbitration proceedings shall be Gurgaon. The language of the arbitration and the award shall be English. This Agreement shall be construed in accordance with the law of India.
OSR VACATION PVT LTD hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. OSR Vacation Pvt Ltd Pvt Ltd considers itself and intends to be subject to the jurisdiction only of the courts of Gurgaon.