Welcome
to the Musafir.com website (the "Website"). This Website is provided
solely to assist customers in gathering travel information, determining
the availability of travel-related goods and services, making
legitimate reservations or otherwise transacting business with travel
suppliers, and for no other purposes. The terms "we", "us", "our" and
"Musafir" refer to Musafir.com India Private Limited, a company
incorporated in Mumbai, India. The term "you" refers to
the customer visiting the Website and/or booking a reservation through
us on this Website, or through our customer service agents.
This
Website is offered to you conditioned upon your acceptance without
modification of all the terms, conditions, and notices set forth below
(collectively, the "Agreement"). By accessing or using this Website in
any manner, you agree to be bound by the Agreement. Please read the
Agreement carefully. If you do not accept all of these terms and
conditions, please do not use this Website.
Use of the website
As
a condition of your use of this Website, you warrant that:
- you are at least 18 years of age
- you possess the legal authority to
create a binding legal obligation
- you will use this Website in
accordance with this Agreement
- you will only use this Website to
make legitimate purchases for you or for another person who is at least 18 years of age and for whom you
are legally authorized to act
- all information supplied by you on
this Website is true, accurate, current and complete
- you are a resident of India
We retain the right at our sole
discretion to deny access to anyone to this Website and the services we
offer, at any time and for any reason, including, but not limited to,
for violation of this Agreement.
Prohibited activities
The
content and information on this Website (including, but not limited to,
price and availability of travel services), as well as the
infrastructure used to provide such content and information, is
proprietary to us or our suppliers and providers. While you may make
limited copies of your travel itinerary (and related documents) for
travel or services booked through this Website, you agree not to
otherwise modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell or re-sell any information, software, products, or services
obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access,
monitor or copy any content or information of this Website using any
robot, spider, scraper or other automated means or any manual process
for any purpose without our express written permission;
- violate
the restrictions in any robot exclusion headers on this Website or
bypass or circumvent other measures employed to prevent or limit access
to this Website;
- take any action that imposes, or may
impose, in our discretion, an unreasonable or disproportionately large
load on our infrastructure;
- deep-link to any portion of
this Website (including, without limitation, the purchase path for any
travel services) for any purpose without our express written
permission; or
- "frame", "mirror" or otherwise
incorporate any part of this Website into any other website without our
prior written authorization.
You understand that any violations of this clause may result in the cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Suppliers, rules and restrictions
You
acknowledge that Musafir pre-negotiates rates with suppliers to
facilitate the purchase of products and services on your behalf. The
rate displayed on the Website is a combination of the
pre-negotiated rates for the products and services that you purchase, and a fee
retained by Musafir to compensate us for our
services.
Separate
terms and conditions will apply to your reservation and purchase of
travel-related goods and services that you select. Please read these
separate terms and conditions carefully. You agree to abide by the
terms and conditions of purchase imposed by any supplier with whom you
elect to deal, including, but not limited to, payment of all amounts
when due and compliance with the supplier's rules and restrictions
regarding availability and use of fares, products, or services. You
acknowledge that some third-party providers offering certain services
and/or activities may require you to sign their liability waiver prior
to participating in the service and/or activity they offer. You
understand that any violation of any such supplier's rules and
restrictions may result in cancellation of your reservation(s), in your
being denied access to the applicable travel product or services, in
your forfeiting any monies paid for such reservation(s), and/or in our
debiting your account for any costs we incur as a result of such
violation.
You agree to inform Musafir of any circumstance or condition as a result of which you or any person on whose behalf you are making a reservation may require special facilities prior to your purchase. Any complaints regarding a supplier should be brought to the attention of the supplier immediately during the time of the service and the same should be communicated to us in writing within thirty days thereafter, failing which, Musafir will not entertain any such complaints.
Payment policy
We accept online payments in Indian Rupees (Rs) on this Website. You warrant that you are the cardholder for all online payments made using credit/debit cards, and that your identification (“Cardholder ID”) exactly matches that of the credit/debit card used to make your purchase. You further agree to promptly provide proof of such matching Cardholder ID upon request at any time within six months of your purchase. You understand that any violation of this policy may result in cancellation of your reservation(s), in your being denied access to the applicable travel products or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Change and cancellation policy
All requests for change or cancellation of any goods and services purchased on this website must be delivered in writing to the service help address provided at the end of these terms or by email to cancellation@in.musafir.com and must be received in both cases, on our working days at least 24 hours before these goods and services are scheduled to be provided. Our offices are open ("working days") from 9:00am to 7:00pm India local time on each day from Monday to Sunday, except on public holidays and holidays declared for private sector establishments in India.
You agree to abide by the
terms and conditions imposed at the time of your purchase, which will
determine the change and cancellation policy applicable to your
purchase, including, but not limited to penalties which may apply. Additionally, you agree that:
- If a change or cancellation policy relevant to your request is not provided in the
terms and conditions imposed at the time of your purchase, your purchase can not be changed and is non-refundable in the event of a cancellation.
- If a cancellation policy relevant to your request in the
terms and conditions imposed at the time of your purchase does not explicitly state a refundable amount or how it may be calculated, your purchase is non-refundable in the event of a cancellation.
- If the change or cancellation policies relevant to your request in the terms and conditions imposed at the time of your purchase do not specify the price of partly utilized services, they will be calculated based on the price of the utilized services alone at the time of your request and not pro-rata.
Requests for permitted changes and cancellations will be processed within 2 working days after all payments required to process the request are settled. In the event of a cancellation, any payments to be refunded after the deduction of payments required to process the cancellation will be credited to the same payment card or account which was used to make the original purchase within 15 working days thereafter. Some payment cards and accounts may take up to an additional 6 months thereafter to display the credited amount.
Delivery policy
All goods and services purchased on this website and their transaction receipts will be delivered in the form of a printable electronic ticket ("ticket") after the successful completion of your purchase. Your ticket will be made available for download for a limited period of time from the page on this website which confirms the successful completion of your purchase and will be delivered as a permanent record in an IETF RFC 2821 compliant electronic mail ("e-mail") to the e-mail address you provide at the time of purchase. A notification of your ticket and any changes to it may also be delivered to your mobile number, subject to service availability.
If you choose not to download your ticket from the page on this website which confirms the successful completion of your purchase, you must check that you have received the ticket for your purchase by e-mail and notify us without delay if you have not received it within one hour after your successful completion of the purchase.
We shall not be liable if you do not receive your ticket because the e-mail address you provided at the time of purchase was unable to receive the e-mail containing your ticket after your successful completion of the purchase or for up to twenty four hours thereafter for any reason whatsoever.
Privacy policy
We understand that making purchases online involves a great deal of trust on your part. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read our privacy policy to learn about our privacy practices.
Reviews, comments and other submissions
We
appreciate hearing from you. Please be aware that by submitting content
to this Website by electronic mail, postings on this Website or
otherwise, including any hotel reviews, questions, comments,
suggestions, ideas or the like contained in any submissions
(collectively, “Submissions”), you grant Musafir and its affiliates a
nonexclusive, royalty-free, perpetual, transferable, irrevocable and
fully sublicensable right to (a) use, reproduce, modify, adapt,
translate, distribute, publish, create derivative works from and
publicly display and perform such Submissions throughout the world in
any media, now known or hereafter devised; and (b) use the name that
you submit in connection with such Submission. You acknowledge that
Musafir may choose to provide attribution of your comments or reviews
(for example, listing your name and hometown on a hotel review that you
submit) at our discretion, and that such submissions may be shared with
our supplier partners. You further grant Musafir the right to pursue at
law any person or entity that violates your or Musafir's rights in the
Submissions by a breach of this Agreement. You acknowledge and agree
that Submissions are non-confidential and non-proprietary. We take no
responsibility and assume no liability for any Submissions posted or
submitted by you. We have no obligation to post your comments; we
reserve the right in our absolute discretion to determine which
comments are published on the Musafir.com website If you do not agree
to these terms and conditions, please do not provide us with any
Submissions.
You are fully responsible for the content of
your Submissions, (specifically including, but not limited to, reviews
posted to this Website). You are prohibited from posting or
transmitting to or from this Website: (i) any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material or
content that would violate rights of publicity and/or privacy or that
would violate any law; (ii) any commercial material or content
(including, but not limited to, solicitation of funds, advertising, or
marketing of any good or services); and (iii) any material or content
that infringes, misappropriates or violates any copyright, trademark,
patent right or other proprietary right of any third party. You shall
be solely liable for any damages resulting from any violation of the
foregoing restrictions, or any other harm resulting from your posting
of content to this Website. You acknowledge that Musafir may exercise
its rights (e.g. use, publish, delete) to any content you submit without
notice to you.
Airline flight tickets
You agree to the for all full service airline flights and to the conditions of carriage for all your flights, which are available upon request. You acknowledge that your flight ticket do not include amenities,
baggage allowances, baggage fees, beverages, meals, or fees which must
be paid directly at an airport, unless explicitly stated otherwise.
Prepaid hotel reservations
Your hotel vouchers do not include fees for facilities and services other than those explicitly included on your voucher which may be charged directly at the hotel.
You
acknowledge that Musafir pre-negotiates certain room rates with hotel
suppliers to facilitate the booking of reservations on your behalf. The
room rate displayed on the Website is a combination of the
pre-negotiated room rate for rooms reserved on your behalf by Musafir
and the facilitation fee retained by Musafir to compensate us for our
services. You authorize Musafir to book reservations for the total
reservation price, which includes the room rate displayed on the
Website, plus tax recovery charges, and service fees. You agree that
your credit card will be charged by Musafir for the total reservation
price. Upon submitting your reservation request you authorize Musafir
to facilitate hotel reservations on your behalf, including making
payment arrangements with hotel suppliers.
You acknowledge
that Musafir does not collect taxes for remittance to applicable taxing
authorities. The tax recovery charges on prepaid hotel transactions are
a recovery of the estimated transaction taxes (e.g. sales and use,
occupancy, room tax, excise tax, value added tax, etc) that Musafir
pays to the hotel supplier in connection with your hotel reservations.
The hotel suppliers invoice Musafir for tax amounts. The Hotel
suppliers remit applicable taxes to the applicable taxing
jurisdictions. Musafir does not act as co-vendors with the supplier
with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. The
actual tax amounts paid by Musafir to the hotel suppliers may vary from
the tax recovery charge amounts, depending upon the rates, taxability,
etc. in effect at the time of the actual use of the hotel by our
customers. We retain our service fees as compensation in servicing your
travel reservation. Our service fees vary based on the amount and type
of hotel reservation.
You may cancel or change your
prepaid hotel reservation, but you will be charged the cancellation or
change fee indicated in the rules and restrictions for the hotel
reservation. In addition, if you do not cancel or change your
reservation before the cancellation policy period applicable to the
hotel you reserved, which varies by hotel (usually 24 to 72 hours)
prior to your date of arrival), you will be subject to a charge of
applicable nightly rates, tax recovery charges and service fees. In the
event you do not show for the first night of the reservation and plan
to check-in for subsequent nights in your reservation, you must confirm
the reservation changes with Musafir or its subsidiary, as appropriate,
no later than the date of the first night of the reservation to prevent
cancellation of your reservation. You must make refund requests for
no-shows or early checkouts within 60 days after checkout.
You
agree to pay any cancellation or change fees that you incur. In limited
cases, some hotels do not permit changes to or cancellations of
reservations after they are made, as indicated in the rules and
restrictions for the hotel reservation. You agree to abide by the terms
and conditions imposed with respect to your prepaid hotel reservations.
Travel destinations
Although
most travel, including travel to international destinations, is
completed without incident, travel to certain destinations may involve
greater risk than others. Musafir urges passengers to review travel
prohibitions, warnings, announcements and advisories issued by the
government prior to booking travel to international destinations.
By
offering for sale travel to particular international destinations,
Musafir does not represent or warrant that travel to such points is
advisable or without risk, and is not liable for damages or losses that
may result from travel to such destinations.
Best price guarantee
In the unlikely event that you receive a lower price on another website based in India before booking your ticket for a product or service marked with our Best Price Guarantee on this Website, we will either match the lower price you receive subject to the terms and conditions listed below or withdraw our Best Price Guarantee for that product or service and offer you a fixed discount against any purchase on this Website as a token of our thanks for bringing the lower price to our notice:
- You must contact our Travel Experts with the details of the website where you found the lower price before your purchase, and that price must be readily available for us to confirm upon visiting the same website at the time that you contact us. We will not accept evidence of a lower price that we cannot independently confirm at the time that you contact us.
- The lower price must be available for purchase in the same currency as this Website and for the exact same product or service, including, but not limited to the same trip details, classes of service, dates, times and applicable policies.
- The lower price must not have been obtained as the result of an error or as a special price for trade partners, members, companies, groups, charters, incentives, events, auction participants, coupon holders or any other promotion not offered to the general public.
- The lower price must be lower than the price on this Website by at least thirty Indian rupees.
Liability disclaimer
The
information, software, products, and services published on this website
may include inaccuracies or errors, including pricing errors. In
particular, Musafir and its corporate affiliates
(collectively, the "Musafir companies") and the affiliated, co-branded
and/or linked website partners through whom we provide service
(collectively, "Musafir affiliates") do not guarantee the accuracy of,
and disclaim all liability for any errors or other inaccuracies
relating to the information and description of the hotel, air, cruise,
car and other travel products displayed on this website (including,
without limitation, the pricing, photographs, list of hotel amenities,
general product descriptions, etc.), much of which information is
provided by the respective suppliers. Prices are not valid until purchased, and in addition, Musafir expressly
reserves the right to correct any pricing errors on our website and/or
on pending reservations made under an incorrect price. In such event,
we will offer you the opportunity to keep your pending reservation at
the correct price or, at your option, we will cancel your reservation
without penalty.
You are fully responsible for ascertaining and obtaining the documents required for your entire trip, including, but not limited to emigration letters, passports and visas as necessary.
Hotel ratings displayed on this website
are intended as only general guidelines, and the Musafir companies and
the Musafir affiliates do not guarantee the accuracy of the ratings.
The Musafir companies, the Musafir affiliates and their respective
suppliers make no guarantees about the availability of specific
products and services. The Musafir companies, the Musafir affiliates
and their respective suppliers may make improvements and/or changes on
this website at any time.
The Musafir companies, the
Musafir affiliates, and their respective suppliers make no
representations about the suitability of the information, software,
products, and services contained on this website for any purpose, and
the inclusion or offering of any products or services on this website
does not constitute any endorsement or recommendation of such products
or services by the Musafir companies or the Musafir affiliates. All
such information, software, products, and services are provided "as is"
without warranty of any kind. The Musafir companies, the Musafir
affiliates, and their respective suppliers disclaim all warranties and
conditions that this website, its servers or any email sent from the
Musafir companies, the Musafir affiliates, and/or their respective
suppliers are free of viruses or other harmful components. the Musafir
companies, the Musafir affiliates, and their respective suppliers
hereby disclaim all warranties and conditions with regard to this
information, software, products, and services, including all implied
warranties and conditions of merchantability, fitness for a particular
purpose, title, and noninfringement.
The carriers, hotels
and other suppliers providing travel or other services on this website
are independent contractors and not agents or employees of the Musafir
companies, or the Musafir affiliates. the Musafir companies and the
Musafir affiliates are not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence of any such
suppliers or for any personal injuries, death, property damage, or
other damages or expenses resulting therefrom. The Musafir companies
and the Musafir affiliates have no liability and will make no refund in
the event of any delay, cancellation, overbooking, strike, force
majeure or other causes beyond their direct control, and they have no
responsibility for any additional expense, omissions, delays,
re-routing or acts of any government or authority.
In no
event shall the Musafir companies, the Musafir affiliates, and/or their
respective suppliers be liable for any direct, indirect, punitive,
incidental, special, or consequential damages arising out of, or in any
way connected with, your access to, display of or use of this website
or with the delay or inability to access, display or use this website
(including, but not limited to, your reliance upon opinions appearing
on this web site; any computer viruses, information, software, linked
sites, products, and services obtained through this website; or
otherwise arising out of the access to, display of or use of this
website) whether based on a theory of negligence, contract, tort,
strict liability, or otherwise, and even if the Musafir companies, the
Musafir affiliates and/or their respective suppliers have been advised
of the possibility of such damages.
If, despite the
limitation above, the Musafir Companies, the Musafir Affiliates or
their respective suppliers are found liable for any loss or damage
which arises out of or in any way connected with any of the occurrences
described above, then the Musafir Companies, the Musafir Affiliates or
their respective suppliers liabilities will in no event exceed, in the
aggregate, the greater of (a) the transaction fees assessed for your
transactions on this Website, or (b) Four-Hundred Indian rupees (INR 400.00).
The limitation of liability reflects the
allocation of risk between the parties. The limitations specified in
this section will survive and apply even if any limited remedy
specified in these terms is found to have failed of its essential
purpose. The limitations of liability provided in these terms inure to
the benefit of the Musafir Companies, the Musafir Affiliates, and/or
their respective suppliers.
Indemnification
You
agree to defend and indemnify the Musafir Companies, the Musafir
Affiliates, and/or their respective suppliers and any of their
officers, directors, employees and agents from and against any claims,
causes of action, demands, recoveries, losses, damages, fines,
penalties or other costs or expenses of any kind or nature including
but not limited to reasonable legal and accounting fees, brought by
third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
Links to third-party sites
This
Website may contain hyperlinks to websites operated by parties other
than Musafir. Such hyperlinks are provided for your reference only. We
do 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 you to take precautions to ensure that whatever links you select or
software you 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. Our inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such
websites or any association with their operators.
Software available on this website
Any
software that is made available to download from this Website
("Software") is the copyrighted work of Musafir, Musafir Affiliates,
and/or our respective suppliers. Your use of such Software is governed
by the terms of the end user license agreement, if any, which
accompanies, or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License
Agreement terms. For any Software made available for download on this
Website not accompanied by a License Agreement, we hereby grant to you,
the user, a limited, personal, nontransferable license to use the
Software for viewing and otherwise using this Website in accordance
with these terms and conditions and for no other purpose.
Please
note that all Software, including, without limitation, all HTML code
and Active X controls contained on this Website, is owned by the
Musafir Companies, Musafir Affiliates, and/or our respective suppliers,
and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly
prohibited, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Without
limiting the foregoing, copying or reproduction of the software to any
other server or location for further reproduction or redistribution is
expressly prohibited. the software is warranted, if at all, only
according to the terms of the license agreement.
Copyright and trademark notices
All
contents of this Website are the copyright of Musafir.com India Private Limited, unless specified otherwise or in the list of exclusions below. We reserve all rights to our content and are not responsible for content on
websites operated by parties other than us. Musafir,
Musafir.com, Experience Travel, Click-click Your Trip, Travel Expert,
Travel Smart, and the wings logo are either registered trademarks or
trademarks of Musafir.com India Private Limited in India and/or
other countries. Other logos and product and company names mentioned
herein may be the trademarks of their respective owners.
Some contents on this Website are excluded from our copyright and are the copyright of the following people or organizations, who have graciously provided their content for our use:
- Glossy eCommerce icons, © 2008 Eoin McGrath, Starfish Web Consulting under the terms of the GNU Lesser General Public License
- Flag, Mini and Silk icons, © Mark James under the terms of the Creative Commons Attribution 2.5 License
- Fugue icons, © 2009 Yusuke Kamiyamane under the terms of the Creative Commons Attribution 3.0 license
If you are aware of an infringement of our brand, please let us know by e-mailing us at help@in.musafir.com.
Claims of copyright infringement
If
you believe in good faith that materials hosted by us infringe your
copyright, please let us know by e-mailing us at help@in.musafir.com.
General
This
Website is operated by Musafir.com India Private Limited, a company incorporated in Mumbai, India and this Agreement
is governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of
courts in Mumbai, India, in all
disputes arising out of or relating to the use of this Website. Use of
this Website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including,
without limitation, this paragraph.
You agree that no
joint venture, partnership, or employment relationship exists between
you and the Musafir Companies as a result of this Agreement or use of
this Website.
Our performance of this Agreement is subject
to existing laws and legal process, and nothing contained in this
Agreement limits our right to comply with law enforcement or other
governmental or legal requests or requirements relating to your use of
this Website or information provided to or gathered by us with respect
to such use. To the extent allowed by applicable law, you agree that
you will bring any claim or cause of action arising from or relating to
your access or use of this Website within two (2) years from the date
on which such claim or action arose or accrued or such claim or cause
of action will be irrevocably waived.
If any part of this
Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and Agreement shall continue in effect.
This
Agreement (and any other terms and conditions referenced herein)
constitutes the entire agreement between you and Musafir with respect
to this Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written,
between the customer and Musafir with respect to this Website. A
printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious
names of companies, products, people, characters, and/or data mentioned
on this Website are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.
Changes to this Agreement
We reserve the right at any time, at our sole discretion, to change this Agreement and any changes will become effective on the day they are posted. We encourage you to frequently review this Agreement for any changes. We will notify you about any material changes to this Agreement.
Service help
For quick answers to your questions, contact us at
- Musafir.com India Private Limited
7th Floor, Kshitij, Veera Desai Road,
Near Azad Nagar Metro Station,
Andheri (West), Mumbai - 400 058,
Maharashtra, India