Applicability Of The Agreement Applicable
This agreement ("user agreement") incorporates the terms and conditions for Mayur Pankh
(India) and its affiliate website www.mayurpankh.co.in to provide
services to the person (s) ("the User") intending to purchase or inquiring for any
products and/ or services of Mayur Pankh by using Mayur Pankh's websites or using
any other customer interface channels of Mayur Pankh which includes its sales persons,
offices, call centers, advertisements, information campaigns etc.
Both User and Mayur Pankh are individually referred as 'party' to the agreement
and collective referred to as 'parties'.
User's Responsibility Of Cognizance Of This Agreement
The Users availing services from Mayur Pankh 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 Mayur Pankh for all purposes,
and shall be binding on the User. All rights and liabilities of the User and/or
Mayur Pankh with respect to any services to be provided by Mayur Pankh shall be
restricted to the scope of this agreement.
Mayur Pankh reserves the right, in its sole discretion, to terminate the access
to any or all Mayur Pankh 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.
In addition to this Agreement, there are certain terms of service (TOS) specific
to the services rendered/ products provided by Mayur Pankh like the air tickets,
MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by Mayur Pankh
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 (for example, flights, hotel reservations, packages, etc.). 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.
Mayur Pankh'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 Mayur Pankh
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
Mayur Pankh document, then these terms shall control.
Third Party Account Information
By using the Account Access service in Mayur Pankh's websites, the User authorizes
Mayur Pankh 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 Mayur Pankh immediately in writing
of any unauthorized use of their password or account or any other breach of security.
Mayur Pankh 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
Fees Payment
Mayur Pankh reserves the right to charge listing fees for certain listings, as well
as transaction fees based on certain completed transactions using the services.
Mayur Pankh 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 Mayur Pankh 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. Mayur Pankh
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 Mayur Pankh 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 Mayur Pankh 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.
Mayur Pankh reserves the right to charge listing fees for certain listings, as well
as transaction fees based on certain completed transactions using the services.
Mayur Pankh 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 Mayur Pankh 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. Mayur Pankh
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 Mayur Pankh 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 Mayur Pankh 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 Mayur Pankh as Confidential shall
be maintained confidentially 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 Mobile Number Of The User By Mayur Pankh
Mayur Pankh 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; Mayur Pankh 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 Mayur Pankh 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 Mayur Pankh against
all types of losses and damages incurred by Mayur Pankh 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 Mayur Pankh 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 The User
Mayur Pankh is responsible only for the transactions that are done by the User through
Mayur Pankh. Mayur Pankh 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 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 Mayur Pankh Or Linked Websites
Mayur Pankh 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. Mayur Pankh
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 reliance
on such information.
The linked sites are not under the control of Mayur Pankh and Mayur Pankh 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. Mayur Pankh is providing these links
to the Users only as a convenience and the inclusion of any link does not imply
endorsement of the site by Mayur Pankh.
Insurance
Unless explicitly provided by Mayur Pankh in any specific service or deliverable,
obtaining sufficient insurance coverage is the obligation/option of the user and
Mayur Pankh doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by Mayur Pankh 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 Mayur Pankh shall
not provide any express or implied undertakings for acceptance of the claims by
the insurance company.
Force Majure Circumstances
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 Mayur Pankh 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 Mayur Pankh 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 Mayur Pankh
, services committed earlier may not be provided or may involve substantial
modification. In such cases, Mayur Pankh 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 Mayur Pankh against such non-provision of services or deficiencies. Additional
liabilities, if any, shall be borne by the User.
Mayur Pankh 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
Mayur Pankh 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 Mayur Pankh for its services.
In no event shall Mayur Pankh 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 Mayur Pankh website(s) or
any other channel . Neither shall Mayur Pankh be responsible for the delay or inability
to use the Mayur Pankh 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 Mayur Pankh website(s), or otherwise arising out of
the use of the Mayur Pankh website(s), whether based on contract, tort, negligence,
strict liability or otherwise.
Mayur Pankh 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 Data Downloaded
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, Mayur Pankh 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 Soliciation
The User is aware that Mayur Pankh 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 Mayur Pankh 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 Mayur Pankh for specific exclusion at service@Mayur Pankh.com or provide his
/ her preferences to the respective service provider. The customers are advised
to read and understand the privacy policy of Mayur Pankh on its website in accordance
of which Mayur Pankh contacts, solicits the user or shares the user's information.
Proprietary Rights
Mayur Pankh 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 Mayur Pankh 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 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.
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 Mayur Pankh are subject to the applicable requirements
of Visa which are to be obtained by the individual traveller. Mayur Pankh 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 Mayur Pankh 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 Mayur Pankh
website(s) without the express written approval from Mayur Pankh.
Indemnification
The User agrees to indemnify, defend and hold harmless Mayur Pankh and/or its affiliates,
their websites 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 Mayur Pankh and/or its affiliates, partner
websites 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.
The user shall be solely and exclusively liable for any breach of any country specific
rules and regulations or general code of conduct and Mayur Pankh cannot be held
responsible for the same.
Right To Refuse
Mayur Pankh 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 Mayur Pankh is not complete until full money towards the service is received
from the customer and accepted by Mayur Pankh.
Without prejudice to the other remedies available to Mayur Pankh under this agreement,
the TOS or under applicable law, Mayur Pankh 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; Mayur Pankh is unable to verify
or authenticate any information provided by the user; or Mayur Pankh 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 Mayur Pankh.
Mayur Pankh 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 Mayur Pankh or use the website in any manner whatsoever until such
time that the user is reinstated by Mayur Pankh.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the
documents it incorporates by reference, Mayur Pankh reserves the right to recover
any amounts due and owing by the user to Mayur Pankh and/or the service provider
and to take strict legal action as Mayur Pankh deems necessary.
Right To Cancellation By Mayur Pankh In Case Of Invalid Information From User
The User expressly undertakes to provide to Mayur Pankh 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 Mayur Pankh.
In case Mayur Pankh 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, Mayur Pankh 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, Mayur Pankh 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 Mayur Pankh of any such claim or liability and
shall not hold Mayur Pankh responsible for any loss or damage arising out of measures
taken by Mayur Pankh for safeguarding its own interest and that of its genuine customers.
This would also include Mayur Pankh denying/cancelling any bookings on account of
suspected fraud transactions.
Interpretation 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.
Severability
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.
Headings
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 Mayur Pankh
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
Mayur Pankh website, then these terms shall control.
Relationship
None of the provisions of any agreement, terms and conditions, notices, or the right
to use this website by the User contained herein or any other section or pages of
Mayur Pankh Websites or its partner websites, shall be deemed to constitute a partnership
between the User and Mayur Pankh and no party shall have any authority to bind or
shall be deemed to be the agent of the other in any way.
Updation Of The Information By Mayur Pankh
User acknowledges that Mayur Pankh 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 Mayur Pankh websites or other sales channels and ad
materials may include inaccuracies or typographical errors which will be immediately
corrected as soon as Mayur Pankh notices them. Changes are/may be periodically made/added
to the information provided such. Mayur Pankh may make improvements and/or changes
in the Mayur Pankh websites at any time without any notice to the User. Any advice
received except through an authorized representative of Mayur Pankh via the Mayur
Pankh websites should not be relied upon for any decisions.
Modification Of There Terms Of Use
Mayur Pankh reserves the right to change the terms, conditions, and notices under
which the Mayur Pankh websites are offered, including but not limited to the charges.
The User is responsible for regularly reviewing these terms and conditions.
Jurisdiction
Mayur Pankh hereby expressly disclaims any implied warranties imputed by the laws
of any jurisdiction or country other than those where it is operating its offices.
Mayur Pankh considers itself and intends to be subject to the jurisdiction only
of the courts of NCR of Delhi, India.
Responsibilities Of User VIS -A-VIS The Agreement
The User expressly agrees that use of the services is at their sole risk. To the
extent Mayur Pankh 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 Mayur Pankh
be liable for the services provided by the service provider. The services are provided
on an "as is" and "as available" basis. Mayur Pankh may change the features or functionality
of the services at any time, in their sole discretion, without notice. Mayur Pankh
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 Mayur Pankh 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 Mayur Pankh pages or otherwise use any of the contents,
pages, information or any other material provided by Mayur Pankh. 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 Mayur Pankh
in writing.