USER'S RESPONSIBILITY OF COGNIZANCE OF OF COGNIZANCE OF THIS AGREEMENT
This website is published and maintained by JCM Travel Solutions, 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 JCM provides the information on this Website, as well as the terms and conditions governing your use of this site. The Users availing services from JCM Travels 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 JCM TRAVELS 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 JCM 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 JCM like the air tickets, MICE, bus, rail, holiday packages, etc. Such TOS will be provided / updated by JCM 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. 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 reservation, Packages , etc). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the services provided with whom User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules. JCM’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 JCM’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 JCM 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, JCM 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. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You shall not make reservation in the name of fictitious person(s). 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 JCM deems in its sole discretion to be unreasonable or disproportionate to the benefits JCM 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.
JCM 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 JCM, 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 JCM. 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 JCM or otherwise. By displaying them on this Site, JCM 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 to be used only by you, to help you make the purchase decision on products and services offered by JCM. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.
JCM TRAVELS RIGHTS
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 JCM, 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 JCM 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 JCM anywhere in the world, in any medium, forever.
TRANSMITTED MATERIAL 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 JCM does not cause JCM to have any special responsibility to you. The copyright in the contents of this website belong to JCM. Accordingly JCM reserves all rights. Copying of part or all the contents of this website without permission of JCM 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 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 JCM authorized representative for the availability of specific products and services in your area, at the time when you propose to avail the services.
The material in this Site could include technical inaccuracies or typographical errors. JCM may make changes or improvements at any time. JCM 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 JCM, JCM Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, JCM disclaims all warranties of merchantability, relating to the information and description of the hotel, air or any 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. Hotel or any other ratings displayed on this website are intended as only general guidelines, and JCM, JCM Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. JCM, JCM Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. JCM may make improvements and/or changes on this website at any time. JCM 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. JCM 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, insofar as such material is derived from other service providers such as airlines, hotel owners and other suppliers. 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. JCM 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, JCM merely provides intermediary information in order to facilitate highest quality services to you. JCM is not the last–mile service provider to you and therefore, JCM 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. JCM, JCM 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, fitness for a particular purpose, title, and non–infringement. JCM 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 JCM, JCM 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 JCM group companies, the JCM Affiliates and their respective suppliers have been advised of the possibility of such damages. You agree to defend and indemnify JCM, JCM 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.
TERMS AND CONDITIONS OF USE
JCM 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. JCM may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. JCM reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of JCM systems as well as its client’s interests are and remain, well-protected. Towards this end, JCM 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 JCM generally offers. JCM are a travel and holiday organizers. We do not control or operate any airline neither does control or we own any shipping company, hotel or transport or any other facility or service mentioned on the site. We take care in selecting all the components. However though we select them, we have no control on running them. We cannot be held responsible for any lack of service by any independent agency, airline, transport operator, hotel or any other service provider.
FOR INTERNET TRANSCTIONS
By using the Account Access service in JCM’s websites, the user authorizes JCM 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 JCM immediately in writing of any unauthorized use of their password or account or any other breach of security. JCM 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.
Every booking made with JCM is subject to cancellation charges levied by the airline, which may vary depending upon flight and booking class. Some booked fares may be non-refundable per the specific airline’s policy. In such event JCM will not be responsible for any refund. Applicable convenience fees will be non-refundable in case of ticket cancellation by the user, or flight cancellation by the airline. JCM cancellation charges: Over and above the airline cancellation charges, JCM will levy Rs. 250/- per passenger per segment for each cancellation. Cancellation requests received from online or telephonic platform through JCM customer support shall only be entertained. JCM shall not be liable to entertain any cancellation requests made through any other medium including but not limited to sms, e-mail For e-tickets, if your cancellation request is made less than 24 hours before departure, you’ll need to contact the concerned airline directly to get your reservation cancelled, and JCM shall not be responsible for any cancellation requests made less than 24 hours before departure. Convenience fee charged at the time of booking is non-refundable under any circumstances whatsoever. Discount Availed will be non-refundable. Any Trip changes and cancellations, if permitted, may incur increased prices and penalties. A processing fee of Rs. 250/- per ticket/ per voucher will apply for each additional payment required or refund requested as a result. Convenience fee charged at the time of booking is non-refundable. Discount availed at time of booking will be non-refundable.
FOR PAYMENTS GATEWAY BOOKINGS
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. JCM 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. Any refunds arising from any transactions with JCM due to any cancellation of the booking for any reason whatsoever shall be processed by JCM in the same bank account or debit or credit card used by the User to make the payment at the time of booking.
If you amend / alter your booking, you will be charged the difference in fare as applicable, if any, difference in fare will be applicable when the amendment is made. However, due to amendment/ alteration to your booking if the new fare is lower than the Original fare, difference in the amount will not be refunded, and the rebooking charges as applicable will be collected. The charges levied by Airlines are Non-Refundable in case of cancellation post amendment. In addition to the afore mentioned airline’s amendment charges, JCM will also charge a non-refundable amendment handling fee of Rs. 250/- per passenger per segment within India for Domestic bookings and Rs. 500/- per passenger per ticket for International bookings (Ex-India/To-India/ Anywhere to Anywhere in the world).
It is mandatory to contact JCM for all refund requests, as the airline will not be processing refund of your tickets which were booked through TRAVDOOR.COM, If you need a refund for paper tickets, same shall be surrendered with JCM. Your tickets must reach JCM within 48 hours from the time of cancellation to enable JCM to get tickets endorsed by the concerned airline on your behalf. If your paper ticket are lost or damaged, the airline will not be able to process a refund request. JCM shall not be responsible for any rejection of airline ticket refund request due to loss or damaged condition of your paper ticket. All cancellations made directly with the Airline need to be immediately intimated to JCM via Email or Phone in order to initiate the refund process Duration required for processing cancellation and refund requests are subject to vary. JCM shall refund your cancellation only after the respective Airline/Service Provider processes the same to JCM as per your eligible refund. JCM will not be responsible for any flight reschedule/cancellations by the airline.
USAGE OF THE MOBILE NUMBER OF THE USER BY JCM TRAVELS
JCM 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; JCM 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 JCM 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 JCM against all types of losses and damages incurred by JCM 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 JCM 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
JCM 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. JCM 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 JCM and JCM 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. JCM 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 JCM.
Unless explicitly provided by JCM in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user based on his own risk perception and JCM 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. Insurance if any, included in the tour price may be the standard travel care insurance policy provided by a third party insurance service provider and the scope of the cover may be limited in nature, the details of which shall be provided to you at the time of confirmation of your booking. The user is advised to discuss your insurance needs directly with your insurance agent before proceeding on the tour and at your own cost procure any additional cover as may be advised. Please note, Insurance is the subject matter of solicitation, please read the terms and conditions of the insurance document carefully before finalizing your desired insurance cover. 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. If JCM is informed in advance of such situations where disruption 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 JCM being an agent for facilitating the booking services shall not be responsible for any such circumstances or resultant financial impact if any and the customers have to contact that service provider directly for any further resolutions and refunds. Customer acknowledges that JCM is only a mere tour operator and any refund for any service(s) which was/were not delivered by the service provider or for any reason for which the User is entitled for a refund is subject to JCM receiving the amount from the said service provider. User acknowledges that JCM 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. JCM 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 JCM 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 JCM for its services. In no event shall JCM 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 JCM website(s) or any other channel . Neither shall JCM be responsible for the delay or inability to use the JCM 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 JCM website(s), or otherwise arising out of the use of the JCM website(s), whether based on contract, tort, negligence, strict liability or otherwise. JCM 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, JCM 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.
You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences. JCM requests you to consult your local authorities and evaluate travel prohibitions, warnings, announcements, and advisories issued by them before booking travel to certain international or domestic destinations. By offering for sale travel to particular international destinations, JCM does not represent or warrant that travel to such point is advisable or without risk. JCM 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. JCM, JCM 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. JCM, JCM 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. JCM reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. JCM shall have no obligation to take the need / requirements of any User into consideration in connection therewith. JCM 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 JCM debiting your account for any costs we incur as a result of such violation. No waiver by JCM 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.