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User Agreement

This agreement ("user agreement") incorporates the terms and conditions for Nixtour and its affiliate Companies ("NIXTOUR") to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of NIXTOUR by using NIXTOUR's websites or using any other customer interface channels of NIXTOUR which includes its sales persons, offices, call centers, advertisements, information campaigns etc. Both User and NIXTOUR are individually referred as 'party' to the agreement and collectively referred to as 'parties'.

The Users availing services from NIXTOUR 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 NIXTOUR for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or NIXTOUR with respect to any services to be provided by NIXTOUR shall be restricted to the scope of this agreement.

NIXTOUR reserves the right, in its sole discretion, to terminate the access to any or all NIXTOUR websites 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.

Certain products or services (e.g. hotel reservations) may be provided by third party suppliers. In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by NIXTOUR like the air tickets, bus, rail, holiday packages etc. Such TOS will be provided/ updated by NIXTOUR which 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 shall be required to read and accept the relevant TOS for the service/ product availed by the User.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

NIXTOUR'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 NIXTOUR's Services.

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 NIXTOUR document, then these terms shall control.

Third Party Account Information

By using the Account Access service in NIXTOUR's websites, the User authorizes NIXTOUR and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

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 NIXTOUR immediately in writing of any unauthorized use of their password or account or any other breach of security. NIXTOUR 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.

Money Payments

NIXTOUR reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. NIXTOUR further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely liable to pay all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by NIXTOUR 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.

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. Nixtour 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 Nixtour 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 Nixtour 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.

Confidentiality

Any information which is specifically mentioned by NIXTOUR as Confidential shall be maintained confidential by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

Usage of the User’s Mobile Number by Nixtour

NIXTOUR 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; NIXTOUR 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. The User hereby unconditionally consents that such communications via SMS and/ or voice call by NIXTOUR 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. The User will indemnify NIXTOUR against all types of losses and damages incurred by NIXTOUR 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 NIXTOUR 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.

Onus of User

NIXTOUR will be held responsible only for the transactions that are done by the User through NIXTOUR. NIXTOUR 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.

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.

The User has to represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

Advertisers on NIXTOUR or its websites

NIXTOUR will not be held responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. NIXTOUR does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any action by relying on such information.

The linked sites are not under the control of NIXTOUR and NIXTOUR is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement of the site by NIXTOUR.

Cancellation Policy

The Customer agrees that the bookings made are subject to the cancellation policy set out on the booking page.

Insurance

Unless explicitly provided by NIXTOUR in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and NIXTOUR doesn't accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by NIXTOUR 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 NIXTOUR shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

Circumstances of natural calamities/ abnormalities

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 NIXTOUR 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 NIXTOUR 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 NIXTOUR, services committed earlier may not be provided or may involve substantial modification. In such cases, NIXTOUR 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 NIXTOUR against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

NIXTOUR 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 NIXTOUR 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 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 NIXTOUR for its services.

In no event shall NIXTOUR 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 NIXTOUR website(s) or any other channel . Neither shall NIXTOUR be responsible for the delay or inability to use the NIXTOUR 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 NIXTOUR website(s), or otherwise arising out of the use of the NIXTOUR website(s), whether based on contract, tort, negligence, strict liability or otherwise.

NIXTOUR 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.

 

Safety of Downloaded Data

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.

Nevertheless, NIXTOUR will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

Feedback From Customer And Solicitation:

The User is aware that Nixtour provides various services like hotel bookings, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes Nixtour 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 Nixtour for specific exclusion at service@nixtour.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of NIXTOUR on its website in accordance of which NIXTOUR contacts, solicits the user or shares the user's information.

Proprietary Rights

NIXTOUR 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 NIXTOUR and shall not copy, transmit or create derivative works of such material without express authorization.

The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute 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.

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.

 

VISA obligations of the User

The travel bookings done by NIXTOUR are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. NIXTOUR 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.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the NIXTOUR services 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 NIXTOUR website(s) without the express written approval from NIXTOUR.

Modification of These Terms Of Use

NIXTOUR reserves the right to change the terms, conditions, and notices under which the NIXTOUR websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

Jurisdiction

NIXTOUR hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. NIXTOUR considers itself and intends to be subject to the jurisdiction only of the courts of Kolkata, India.

Responsibilities of the User Vis-a-Vis the Agreement

The User expressly agrees that use of the services is at their sole risk. To the extent NIXTOUR 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 NIXTOUR be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. NIXTOUR may change the features or functionality of the services at any time, in their sole discretion, without notice. NIXTOUR 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 NIXTOUR 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 NIXTOUR pages or otherwise use any of the contents, pages, information or any other material provided by NIXTOUR. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying NIXTOUR in writing.

 


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