User Agreement – My Dream Holiday Cruise Packages
Terms & Conditions and Disclaimer
By registering with www.mydreamholiday.in (hereinafter referred to as "the Site"), you are confirming that you have read these terms and conditions of your use of the Site and agree to abide by the same. These terms and conditions (hereinafter referred to as "User Agreement") constitute your binding obligations towards TRANQUILITY ONLINE Private Limited. (hereinafter referred to as "MyDH" or "Mydreamholiday.in" or "we" or "us"). This User Agreement is effective upon acceptance in registration for new registering users and those sending enquiry for the holiday packages listed in the site. We may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty (30) mandatory days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your notification preferences. This User Agreement may not be otherwise amended except in writing and signed by you and Mydreamholiday.in. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
The rates are valid for Indian citizens only.
The user will have to abide by the cancellation policy on the respective product which is specified at the time of selection.
The user agrees that there can be exceptional circumstances where the hotels, the respective 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, etc. If MyDH 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 MyDH 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 MyDH, services committed earlier may not be provided or may involve substantial modification. In such cases, MyDH 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 MyDH against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
MyDH 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 MyDH 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 MyDH for its services.
In no event shall MyDH 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 MyDH website(s) or any other channel . Neither shall MyDH be responsible for the delay or inability to use the MyDH 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 MyDH website, or otherwise arising out of the use of the MyDH website, whether based on contract, tort, negligence, strict liability or otherwise.
MyDH 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.
Visa Obligations of the User
The travel bookings done by MyDH are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. MyDH 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.
Updation of Information
User acknowledges that MyDH 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 MyDH websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as MyDH notices them. Changes are/may be periodically made/added to the information provided such. MyDH may make improvements and/or changes in the websites at any time without any notice to the User. MyDH is not liable for any wrong quote sent due to such typograhical errors. Any advice received except through an authorized representative of MyDH via mydreamholiday.in should not be relied upon for any decisions.
The User expressly agrees that use of the services is at their sole risk. To the extent MyDH 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 MyDH be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. MyDH may change the features or functionality of the services at any time, in their sole discretion, without notice. MyDH 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 MyDH 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 MyDH pages or otherwise use any of the contents, pages, information or any other material provided by MyDH. 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 MyDH in writing.
Full use of the Site is available only to persons who can form legally binding contracts with the Site under an applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. The Site is not available to persons whose membership has been suspended or terminated by MydreamHoliday.in. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account like email ID , Password, etc. and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:
Provide true, accurate, current and complete information about yourself as prompted by registration/Lead form available on the Site (such information being the "Registration Data"); and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Site has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the Site has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fees and Services
Membership on the Site is free. The Site does not charge any fee for browsing on the Site or for any enquiries made or interest expressed by the visitors on the holiday packages listed in the site.
Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
"Your Information" is defined as any information you provide to us or to the other users of the Site (those users "Users") in the registration or send enquiry, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Shall not be false, inaccurate or misleading;
shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any holiday package or services being listed in the Site.
You will not disclose your contact details like phone number, address, email address in the buying or listing process, other than the specified place in the form, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass MydreamHoliday.in .
You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display, upload, modify, publish, transmit, update or share any information that -
Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
May harm minors in any way;
Infringes any patent, trademark, copyright or other third party proprietary rights;
Violates any law for the time being in force;
Deceives or misleads MydreamHoliday.in, Site and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate any other person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their transactions. The Site is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
The Site is not responsible for any non-performance or breach of any contract entered into between Users (Travelers and the Travel agents). The Site cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. The Site shall not and is not required to mediate or resolve any dispute or disagreement between Users.
The Site does not make any representation or warranty as to the attributes of the holiday packages or services proposed in the listings on the Site. In particular, the Site does not implicitly or explicitly support or endorse the sale or purchase of any holiday packages or services on the Site. The Site accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The Site does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
The Site is a channel of communication whereby the Users can reach out to larger base of travel agents to book holiday packages or associated services. MydreamHoliday.in is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Travel agent and the traveler (in this case the visitor filling in the enquiry form). At no time shall any right, title or interest over the holiday packages or associated services vest with MydreamHoliday.in or shall MydreamHoliday.in have any obligations or liabilities in respect of such contract. MydreamHoliday.in is not responsible for unsatisfactory or delayed performance of services or non fulfillment or delays as a result of holiday packages or associated services (Hotels, Airlines) which are out of stock or otherwise unavailable. All holiday packages and associated services (Hotels, Airlines, sightseeing) are offered only for a restricted time and only for the available supply.
You shall independently agree upon the manner and terms and conditions of holiday packages, payment, insurance etc. with the Travel Agents that you transact with.
You release and indemnify MydreamHoliday.in and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MydreamHoliday.in cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Without limiting other remedies, the Site may limit your activity, warn other Users of your actions immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
If you breach the User Agreement or the documents it incorporates by reference;
If the Site is unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other Users or the Site; or
The Site may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with the Site or use the Site in any manner whatsoever until such time that such User is reinstated by the Site. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, the Site reserves the right to recover any damages and amounts due and owing by you to the Site and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
The Site strongly advises you not to test the Site with false enquiries, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by the Site. Please be aware that even if you do not give the Site your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
The Site and its partner travel agent's provide the Site and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your own sole risk.
Limitation of Liability
In no event shall the Site or its partner travel agent's be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement (however arising, including negligence).
The Site, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, the Site assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
Any interruption or errors in the operation of the Site. You expressly understand and agree that the Site shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Site has been advised of the possibility of such damages).
You agree to indemnify us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of the User Agreement or the documents it incorporates by reference, or your use of the Site or your violation of any law or the rights of a third party.
Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and the Site and you shall have no authority to bind the Site in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to the Site c/o TRANQUILITY ONLINE Private Limited. Attn: Legal Dept , E-504 Sai Radha Complex LBS Marg , Bhandup (west) Mumbai-400078 (in the case of the Site) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and the Site during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Site. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The User Agreement shall be governed and construed in accordance with the laws of India.