Terms & Conditions (Flights)
Terms and Conditions of use to be read carefully before using or obtaining any products, services or content through our websites.
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
. We or Us means M/s gemtravels.com (India) Private Limited and its subsidiaries and affiliates.
. Service Providers means "TravelPartnerLive.com" and its subsidiaries and affiliates.
. "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" includes Marks and Products and Services.
. "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
. "Products and Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, theater tickets, attractions, travel insurance, care alerts, fare alerts and other items available through the Site.
. "Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
. "Member ID" means the unique username you use (with your password) to login to our Site.
. "Purchase" means to book, reserve, or purchase.The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
. "Site" means the psa.gemtravels.com website its respective subsites, together with the respective Content, Marks, Products and Services available from these sites and subsites.
Scope and Terms
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of M/s gemtravels.com (India) Private Limited and its Service Providers.
Additional terms may apply when you Purchase Products or Services, or when you participate in special promotions or offers. For example, airlines have contracts of carriage, hotels have cancellation policies, and promotions are subject to rules. These additional terms are found in the area of the Site where you will Purchase a Product or Service, or where you will register for a special promotion.
You agree to abide by the terms and conditions imposed by any Provider, including payment of all the amount when due, and comply with all rules and restrictions regarding the availability of products or services.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.
You are responsible for maintaining the secrecy of your User Name and Password. This is essential to protect the confidentiality of any information that may be stored in My Account folder. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
Use of the Site
M/s gemtravels.com (India) Private Limited and Service Provider grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way. Except as provided above, you may not
. copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
. Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
. Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
. Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties
. Reverse engineer any part of this Site
Unless otherwise provided within these Terms, or unless specific applicable law requires us to allow you to do so, you may not do any of the following without the prior written consent of M/s gemtravels.com (India) Private Limited and Service Provider:
. Use the Site other than to make legitimate reservations or purchases;
. Use any robot, spider, other automatic device, or manual process to monitor Content;
. Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
. Place false or misleading information on the Site,
. Imply in any fashion that M/s gemtravels.com (India) Private Limited is endorsing your products or services;
. Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
. Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by M/s gemtravels.com (India) Private Limited and its Service Provider, other Site users or members;
. Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
. Disguise the origin of the information transmitted through the Site.
. Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
Access to certain areas of the Site is available only to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information which you supply to us, about yourself and others, is true and accurate.
M/s gemtravels.com (India) Private Limited or Service Provider in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass and shall not be responsible to you to for such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that M/s gemtravels.com (India) Private Limited shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.We may also modify these Terms, as provided in Modifications.
Privacy and Security
Services and Contents
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact customer service department. The Contact Information is provided on our customer service page.
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
We make reasonable attempts to clear the Site of viruses & worms, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Links to third party sites
For your convenience, our Site may provide links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
Ownership Rights: TravelPartnerLive.com and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property - rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
M/s gemtravels.com (India) Private Limited and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of M/s gemtravels.com (India) Private Limited and Service Providers. . These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from M/s gemtravels.com (India) Private Limited and Service Providers.
Your Comments and Submissions
Any communications or materials you transmit to Service Provider, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant M/s gemtravels.com (India) Private Limited and Service Provider, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
Service Provider may charge a fee or commission for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.
Disclaimer of Warranty
M/s gemtravels.com (India) Private Limited, Service Provider and its affiliates make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. We expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that M/s gemtravels.com (India) Private Limited is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
Other than those warranties which, under the laws applicable to these terms, are implied by laws, and are incapable of exclusion, restriction or modification, M/s gemtravels.com (India) Private Limited and service providers expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not employees of M/s gemtravels.com (India) Private Limited. In no event will M/s gemtravels.com (India) Private Limited or service providers be liable to any party for any direct, indirect, special or other consequential damages for any use of this site, any hyperlinked web site, the acts or omissions of providers who furnish products or services through this site, or the products or services offered by providers through this site, including, without limitation, whether based in contract, tort, negligence, strict liability or otherwise, that arises out of or is in any way connected with(i) any use of, browsing or downloading of any part of our site or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by us or any provider, or (iv) any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, even if first-choices and the provider(s) have been advised of the possibility of damages to such parties or any other party.
If, despite the limitation above, M/s gemtravels.com (India) Private Limited or Service Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Service Providers' liability will in no event exceed, in total, the sum of Rs.5,000 and M/s gemtravels.com (India) Private Limited assumes no liability in any respect or manner whatsoever.
Service Provider agrees to defend and indemnify, M/s gemtravels.com (India) Private Limited and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, if in any action filed or commenced by any third party against M/s gemtravels.com (India) Private Limited as a result of (1) your breach of theseTerms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
Travel Services: Terms & Conditions
Reservations, Bookings, & Purchases
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage, and we make available the fare rules for all air carrier tickets before purchase.
The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.
You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase set forth in an air carrier's fare rules or contract of carriage.
Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations.
By offering for sale travel to particular international destinations, M/s gemtravels.com (India) Private Limited does not represent or warrant that travel to such point is advisable or without risk and further it does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
Payment Terms & Condition
. We ensure that every transaction you conduct online is in a safe and secure environment. We do not take or store any credit card details or other card details on our servers, User will be directed to Payment Gateway website to enter his/her card details. This site is Master Secure & VBV compliant
. Payment will be credited in the name of "TravelPartnerLive.com".
. We reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
. We shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user
. If you have any additional queries or concerns, please contact us on the details provided in contact us section of the website.
If any dispute arises between you and / or M/s gemtravels.com (India) Private Limited and / or Service Provider during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by M/s gemtravels.com (India) Private Limited. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language.
The Terms and Conditions shall be governed and construed in accordance with the laws of India.
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms supersede any prior Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
You may contact our Customer Service department, the information of which is provided in the customer support section of the Site, if you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by us.