Terms and Conditions
USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT
This website is published and maintained by Kuoni Travel (India) Pvt. Ltd. (“Kuoni / DVMS”), a company incorporated and existing in accordance with the laws of the Republic of India. This page sets forth the terms and conditions under which DVMS provides the information on this Website, as well as the terms and conditions governing your use of this site. The Users availing services from DVMS shall be a natural or legal person and deemed to have read, understood and expressly accepted the terms and conditions of the agreement, which alone shall govern the desired transaction or provision of such service by DVMS for all purposes, and shall be binding on the user. All rights and liabilities of the User with respect to any services to be provided by DVMS shall be restricted to the scope of this agreement. If you do not accept these terms and conditions, do not continue to use or access this site, or order any searches.
In addition to this agreement, there are certain terms of service (TOS) specific to the services rendered/products provided by DVMS like Visa Processing, Insurance, meet & greet services, etc…. Such TOS will be provided / updated by DVMS which shall be deemed to be a part of this Agreement and in the event of 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.
DVMS’s Services are offered to the User Conditional on acceptance without modification of all the terms, conditions and notices contained in the 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 the Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail DVMS’s Services.
In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms and guidelines contained within any other DVMS Document, then these terms shall be applicable.
SITE AND ITS CONTENTS
This Site is only for your personal use. You shall not distribute exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
As long as you comply with the terms of these Terms and Conditions of Use, DVMS grants you a non–exclusive, non–transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
You may only use this site to make legitimate transactions including but not limited to processing Visa applications and related services, booking marhaba services and Insurance etc. and shall not use this site for any other purposes. You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this site. You agree that you shall not take any action that imposes a burden or load on our infrastructure that DVMS deems in its sole discretion to be unreasonable or disproportionate to the benefits DVMS obtains from your use of the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offense or attempt to commit a criminal offense, or give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, worm or other harmful item or program that may damage, detrimentally interfere with, surreptitiously intercept and/or expropriate any system, data or important information, (d) create any liability for us or cause us to lose (fully or partially) the services of our ISPs or other suppliers, or (e) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
DVMS holds the copyright in respect of this site, and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of DVMS, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of DVMS. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by DVMS or otherwise. By displaying them on this Site, DVMS is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download such copy/copies of the Content/materials to be used only by you, to help you make the purchase decision on products and services offered by DVMS. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by DVMS, as non–confidential.
You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way DVMS uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by DVMS anywhere in the world, in any medium, forever.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to DVMS does not cause DVMS to have any special responsibility to you.
The copyright in the contents of this website belong to DVMS. Accordingly DVMS reserves all rights. Copying of part or all the contents of this website without permission of DVMS is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
PROMOTIONS / OFFERS / SCHEMES / CONTESTS
Please note that in case of special offers, promotions or schemes additional terms and conditions of these offers, promotions, schemes or contests will be applicable in addition to these terms and conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions, schemes or contests in order to be eligible to avail benefits under such offers, promotions, schemes or contests. If you fail to make the payment by the due date and/or do not comply with all the terms and conditions of the offer, promotion, scheme or contest you would not be entitled to receive the benefit under such offer, promotion, scheme or contest. The Promotions / Offers / Schemes / Contests can also be discounted at any time without giving any specific notice.
The material in this Site could include technical inaccuracies or typographical errors. DVMS may make changes or improvements at any time. DVMS does not warrant or guarantee the accuracy or completeness of the information provided on this Website.
The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this website, 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 DVMS
DVMS does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
DVMS does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise.
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. DVMS does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability / inability to access or to use the Site.
You also acknowledge that through this Site, DVMS merely provides intermediary information in order to facilitate highest quality services to you. DVMS is not the last–mile service provider to you and therefore, DVMS shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, hotel, facility or similar agency or any other independent supplier) you shall engage or hire or appoint pursuant to or resulting from, the material available on this Site. DVMS, DVMS 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, satisfactory quality, and fitness for a particular purpose, title, and non–infringement.
DVMS will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. In no event shall DVMS, DVMS Affiliates, and 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 DVMS group companies, the DVMS Affiliates and their respective suppliers have been advised of the possibility of such damages.
You agree to defend and indemnify DVMS, DVMS Affiliates, and 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:
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party.
The products and services displayed on the Site may not be available for purchase in your particular country or city or at a particular point of time. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local DVMS authorized representative for the availability of specific products and services in your area, at the time when you propose to avail the services.
TERMS AND CONDITIONS OF USE
DVMS may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted and no specific indication of such change shall be given separately. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
DVMS may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
DVMS reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of DVMS systems as well as its client’s interests are and remain, well-protected.
Towards this end, DVMS may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
PRODUCTS & SERVICES
Please Note that none of the information contained in this Website should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products DVMS generally offers.
FOR INTERNET TRANSCTIONS.
By using the Account Access service in DVMS’s websites, the user authorizes DVMS and its agents to access third party sites 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 and solely responsible for all activities that occur while using their password or account. It is the duty of the user to notify DVMS immediately in writing of any unauthorized use of their password or account or any other breach of security. DVMS 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
FOR PAYMENTS GATEWAY BOOKINGS
In the rare possibilities of the visa getting rejected or other services being cancelled for any reason whatsoever, we will process the refund as per the cancellation policy for respective product. DVMS is not under any obligation to make another booking in lieu of or to compensate / replace the unconfirmed service requrest or Visas rejected by the immigration or services not rendered by its suppliers All subsequent further applications/ bookings will be treated as new transactions with no reference to the earlier rejected or cancelled transaction.
Any refunds arising from any transactions with DVMS due to any cancellation of the booking for any reason whatsoever shall be processed by DVMS in the same bank account or debit or credit card used by the User to make the payment at the time of booking.
USAGE OF THE MOBILE NUMBER OF THE USER BY DVMS
DVMS 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; DVMS 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 respective applications and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by DVMS 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 DVMS against all types of losses and damages incurred by DVMS 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 DVMS 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 ON 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 represents and confirms 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 LINKED WEBSITES
DVMS 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. DVMS does not endorse or assume any responsibility or 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 and action on the same.
The linked sites are not under the control of DVMS and DVMS 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. DVMS is providing these links to the Users only as a matter of convenience and the inclusion of any link does not imply endorsement of the site by DVMS.
Unless explicitly provided by DVMS in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user based on his own risk perception and DVMS doesn’t accept assumption of responsibility for the same.
It is highly recommended that the user acquires adequate insurance cover to secure their life, health and property as may be advised by your insurance agent to cover any eventualities associated with your overseas travel including health, accidental injury, loss, liability and the like depending on your assessment of your risk potential. The user is advised to discuss your insurance needs directly with your insurance agent
Please note that the user would have a direct contractual relation with the insurer. User shall therefore check the accuracy and correctness of the insurance policy and in case of any error or lapse report the same to the Insurer directly and get the same rectified by them, as the Company would not be responsible for the same.
FORCE MAJURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where the service providers like 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, international events etc.
Customer acknowledges that any refund for any service(s) which was/were not delivered by service provider or for any reason for which the User is entitled for a refund is subject to DVMS receiving the amount from the said service provider. User acknowledges that DVMS shall not be held liable for any delay in refund or non-refund of the amount from the service provider. In such events the User shall directly approach the service provider for any claims.DVMS 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 DVMS 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 or any loss whatsoever beyond the amount charged by DVMS for its services.
In no event shall DVMS 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 data or profits, arising out of or in any way connected with the use or performance of the DVMS website(s) or any other channel . Neither shall DVMS be responsible for the delay or inability to use the DVMS 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 DVMS website(s), or otherwise arising out of the use of the DVMS website(s), whether based on contract, tort, negligence, strict liability or otherwise.
DVMS 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, DVMS will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
FEEDBACK FROM CUSTOMER AND SOLICITATION
DVMS, DVMS Affiliates and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any air carriers, hotels , embassies , consulates or other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. DVMS, DVMS Affiliates and their respective suppliers 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.
DVMS reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. DVMS shall have no obligation to take the need / requirements of any User into consideration in connection therewith.
DVMS reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice and without offering any explanation.
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 with the supplier’s rules and restrictions regarding availability and use of fares, products, services, etc . 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 DVMS debiting your account for any costs we incur as a result of such violation.
No waiver by DVMS of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, Maharashtra, India.