Applicability :
Any person, who visits our Platform, inquires about or purchases any products or services of Vista Voyage through our Website, mobile applications, sales persons, officers, call centers, agents, Travel Experts, or any of the other Sales Channels, agree to be governed by these Terms. If you do not agree with any part of this Agreement, then you must not avail Vista Voyage’s services and must not access or approach the Sales Channels of Vista Voyage. All rights and liabilities of the User and Vista Voyage with respect to any services or product facilitated by Vista Voyage shall be restricted to the scope of these Terms.
Role Of Vista Voyage:
Vista Voyage acts as a facilitator by connecting the User with the respective Service Providers like airlines, hotels, etc. We provide a platform for booking services and products. By making a booking, User understands the ultimate liability rests on the respective Service Provider and not Vista Voyage. Thus the ultimate contract of service is between User and Service Provider. The Terms grant a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in these Terms. The User agrees not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever.
Eligibility:
The Platform is meant to be used by bonafide User for a lawful use. Access to certain features of the Platform may only be available to registered User. While registering for our Platform, you will have to submit certain mandatory information. User represents and warrants that all information supplied to Vista Voyage is true and accurate. Our services are only for User who are at least 18 years of age and must be capable of contracting as per the Indian contract act. If you are below 18 years of age, please do not register for our Platform. You can ask a person of legal contracting age (legal guardian or parents) to use the Platform. We reserve the right to block User access to the Platform if it is discovered that the User is a minor or incompetent to contract according to the law or any information pertaining to your age and other details entered at the time of creation of the account is false or if we discover that you are a Travel Agent. Vista Voyage shall not be held liable for any incidental loss or damage that may arise from the bookings made by any such persons. The liability in case of such cancellations shall be solely borne by such Travel Agents.
Communications:
Vista Voyage will send the User electronic communication during the time you use our services. The User hereby authorizes Vista Voyage to contact them for updates on the services (booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User) or for feedback on various services offered by Vista Voyage. We may also contact the User for any pending or failed bookings, to know their preference for concluding the booking and also to assist the User with the same. We may also contact the User for sending marketing or promotional communication/messages, the User expressly consents to the same. Such information, updates, and feedback may be communicated through emails, telephone calls, SMS, WhatsApp or any other medium from time to time. The consent under this section shall supersede any preferences set by such User through the national customer preference register (NCPR) or any other similar preferences. The User expressly agrees that such communication is 'transactional' and relevant to the user. The User shall not write or send any content to Vista Voyage which is, or communicate with Vista Voyage using language or content which is: abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit, or otherwise objectionable; contrary to any applicable law; violates third parties' intellectual property rights; spam; or in breach of any other part of these Terms. Content This Website is provided “as is,” with all faults, and Clayo Technologies express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you. Limitation of liability All content provided on the Platform is registered by Vista Voyage and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein. User shall not distribute, exchange, modify, sell or transmit any Content from the Platform, for any business, commercial, or public purpose. User may not use any proprietary logos, service marks, or trademarks which are displayed on our website in any manner. We are not granting the User a license, right, or authority to utilize any Content, proprietary logos, service marks, or trademarks displayed on our website. Any information which is specifically mentioned by Vista Voyage as confidential shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of these Terms and the obligations of both the parties herein. The Platform may contain links to third-party websites. Vista Voyage does not control such websites and is not responsible for their contents or any changes or updates to such sites. If a User accesses any third-party website, it shall be done entirely at the User’s risk, and Vista Voyage shall assume no liability for the same. Vista Voyage does not endorse any advertisers on its Platform or any linked sites in any manner. The User is requested to verify the accuracy of all information provided on the third-party web pages. Vista Voyage will always make its best endeavors to ensure that the content on its Platform is free of any virus or such other malware. However, any data or information downloaded or otherwise obtained through the use of the Platform or any other Sales Channel is done entirely at the User’s own discretion and risk. They will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information. The User is requested to report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive of privacy, abusive, fraudulent, against any religious beliefs, spam, or is in violation of any applicable law (hereinafter referred to as “abusive content”). The User shall not post or submit any abusive content on the Platform. In case you notice any intellectual property rights infringement on the Platform, you may send us a written notice/ intimation to info@vistavoyage.in. On receiving such a report, Vista Voyage reserves the right to investigate and/or take such action as we may deem appropriate. User shall not distribute, exchange, modify, sell or transmit anything from the Platform, for any business, commercial, or public purpose. This includes but is not limited to any text, images, audio, and video from the Platform. Refunds in cases where the travel partner is declared as Insolvent or Bankrupt. The customers or clients or agents shall not hold Vista Voyage liable to pay the refunds as assured at the time of booking in cases where the travel partner closes its operation or declares itself as insolvent.
Hikes in Tariffs & Taxes
Any hike/revision in government taxes, entrance fees, guide charges, or other services will be informed beforehand. The customer is liable to pay for these respective charges.
LIMITED LIABILITY OF Vista Voyage
Vista Voyage’s liability is limited to providing the User with a confirmed booking as selected by the User. However, even such a confirmed booking may be canceled by the Service provider.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. Vista Voyage will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence on the part of any Service Provider.
With respect to the services provided by the Service Provider, please note that Vista Voyage:
assumes no liability for the standard of their services
provides no guarantee with regard to their quality or fitness as represented.
doesn’t guarantee the availability of any services as listed by them.
Our services are provided on an “as is“ and “as available“ basis. Vista Voyage may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice.
Vista Voyage expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Vista Voyage or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
In any event, the maximum liability of Vista Voyage in any circumstances is limited to the amount spent by the User for a particular booking.
User's Responsibility
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in unison with the Terms.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such a person about the terms of this Agreement, including all rules and restrictions applicable.
The User agrees 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 agrees that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding the use of the services for each transaction. The User shall be solely liable for any breach of any country-specific rules and regulations or general code of conduct and Vista Voyage cannot be held responsible for the same.
The User expressly undertakes to provide Vista Voyage with correct and valid information while making use of the Platform under these Terms and not to make any misrepresentation of facts. Vista Voyage shall not be liable for any liability, loss, or damages that shall arise due to misrepresentation of facts by the User. Any default on the part of the User would disentitle the User from availing of the services from Vista Voyage.
The User shall not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. with any person including the agents, employees, or representatives of Vista Voyage. The User shall immediately inform Vista Voyage if such details are demanded by any of its agents’ employees or representatives. Vista Voyage shall not be liable for any loss that the User incurs for sharing the aforementioned details.
It is the duty of the User to notify Vista Voyage immediately in writing of any unauthorized use of their password or account or any other breach of security. Vista Voyage will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.
The User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end. Vista Voyage cannot guarantee that there will never be any security breach of its systems that may have an impact on the User’s information too.
The data of the User as available with Vista Voyage may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
If the User wants to report an issue regarding account security, please send us an email at info@vistavoyage.in
Fees and Payment
In addition to the cost of booking as charged by the Service Providers, Vista Voyage reserves the right to charge certain fees in the nature of convenience fees or service fees. Vista Voyage further reserves the right to alter any and all fees from time to time. Any such additional fees, including the fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from them.
In cases of short charging of the booking amount, taxes, statutory fees, convenience fees, etc., owing to any technical error or other reason, Vista Voyage shall reserve the right to deduct, charge, or claim the balance amount from the User to be paid to Vista Voyage. In cases where the short charge is claimed prior to the utilization of the booking, Vista Voyage will be at liberty to cancel such bookings if the amount is not paid before the utilization date. The User shall be liable to pay cancellation fees in such cases.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
Any increase in the price charged by Vista Voyage on account of the change in the rate of taxes or imposition of new taxes, levies by the Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
Bookings made by the User through Vista Voyage are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
Fees and Payment
In addition to the cost of booking as charged by the Service Providers, Vista Voyage reserves the right to charge certain fees in the nature of convenience fees or service fees. Vista Voyage further reserves the right to alter any and all fees from time to time. Any such additional fees, including the fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from them.
In cases of short charging of the booking amount, taxes, statutory fees, convenience fees, etc., owing to any technical error or other reason, Vista Voyage shall reserve the right to deduct, charge, or claim the balance amount from the User to be paid to Vista Voyage. In cases where the short charge is claimed prior to the utilization of the booking, Vista Voyage will be at liberty to cancel such bookings if the amount is not paid before the utilization date. The User shall be liable to pay cancellation fees in such cases.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
Any increase in the price charged by Vista Voyage on account of the change in the rate of taxes or imposition of new taxes, levies by the Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
Bookings made by the User through Vista Voyage are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
Refunds, if any, on canceled bookings will always be processed as per these Terms.
Vista Voyage Wallet
Vista Voyage may provide, at its sole discretion, the facility to transact through an online Vista Voyage Wallet to its registered User. By choosing the option to maintain the Wallet with Vista Voyage, you agree to comply with the following terms and conditions.
The cash equivalent balance available in the Wallet may be used by the User for availing services through the Vista Voyage Platform only.
Any promotional cash credited by Vista Voyage into the User’s Wallet will not be refundable into their bank account under any circumstances. On the cancellation of a reservation of services provided by Vista Voyage, any utilized promotional cash will be forfeited. This promotional cash has an expiry date beyond which it will not be available to the User, and they are thus advised to use the amount lying in the Wallet within its validity period.
The maximum amount of wallet promotional cash that may be used to avail services shall be mentioned on the service booking page on a case-to-case basis. Vista Voyage reserves the right to modify such percentage at its sole discretion without any prior intimation. User is advised to read the booking offer carefully before proceeding.
The amounts
Force Majeure
There can be circumstances where Vista Voyage and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, pandemic, labor unrest, insolvency, business exigencies, government decisions, change in law, terrorist activity, any operational and technical issues, route etc. or any other reason beyond the control of Vista Voyage, Vista Voyage shall not bear any liability towards such unhonoured bookings. The User agrees that Vista Voyage being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Vista Voyage’s obligation shall be limited to refunding the booking amount (in credit), if any, received from the customer. Such refund is dependent on Vista Voyage receiving the refund from the Service Provider. Such refund shall completely discharge Vista Voyage from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
Right to Refuse Vista Voyage at its sole discretion reserves the right to not accept any booking without assigning any reason thereof. Vista Voyage has no obligation to provide any service until the entire consideration is received by us. Once a User has been suspended or terminated, such User shall not register or attempt to register with Vista Voyage with different credentials, or use the Platform in any manner whatsoever until such User is reinstated by Vista Voyage. We are under no obligation to refund any amount received from such suspended users. Vista Voyage may at any time in its sole discretion reinstate suspended User. If a User breaches these Terms, Vista Voyage reserves the right to recover any amounts due to be paid by the User to Vista Voyage, and to take appropriate legal action as it deems necessary. In addition to other remedies and recourse available to Vista Voyage under this Terms or under applicable law, Vista Voyage may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Platform if: The User is in breach of the Terms; or Vista Voyage is unable to verify or authenticate any information provided by the User; or Vista Voyage believes that the User's actions may infringe on any third-party rights, breach any applicable law or otherwise result in any liability for the User, other user of Vista Voyage, or Vista Voyage itself.
Right to Cancel If we discover or have reason to believe that at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, Vista Voyage shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Vista Voyage shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services. In case Vista Voyage discovers or has reasons to believe If any judicial, quasi-judicial, investigation agency, government authority approaches Vista Voyage to cancel any booking, Vista Voyage will cancel the same without approaching the concerned User whose booking has been cancelled. The User shall not hold Vista Voyage responsible for any loss or damage arising out of measures taken by Vista Voyage for safeguarding its own interest or that of its genuine customers or due to government regulations. This would also include Vista Voyage denying or cancelling any bookings on account of suspected fraud transactions.
Indemnification The User agrees, upon demand, to indemnify Vista Voyage (which includes its employees, agents and subcontractors), and keep Vista Voyage indemnified, from all claims, liabilities, losses, damages, injury, costs and expenses of whatever nature asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User. The User will indemnify Vista Voyage against all types of losses and damages incurred by Vista Voyage due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Vista Voyage with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever. In no event shall Vista Voyage be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or any other Sales Channel. Miscellaneous DEFINITIONS: ‘User’ means any legal person or entity who is accessing, visiting our Platform or makes any enquiry about our services and to whom we are providing services. ‘Terms’ means these Terms and Conditions, Privacy Policy and our cancellation policy. ‘Platform’ means all the various services provided by Vista Voyage. Also referred to as “Website”. ‘Sales Channels’ means websites, mobile applications, sales persons, officers, call centers, agents, Travel Experts, etc. ‘Service Providers’ means third party websites and apps providing services like Airlines, hotels, cruise etc. ‘Travel Agents’ means travel agents, tour operators, consolidators or aggregators .
WAIVER: No waiver by Vista Voyage of any breach of the Terms by User shall be considered as a waiver of any subsequent breach of the same or any other provision.
HEADING: The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value. NO SIGNATURE.The User acknowledges and agrees that no signature or express act is required to make these Terms binding on the User. Continued use of Platform or of our services shall mean that you are accepting these Terms.
ENTIRE AGREEMENT:
The Terms shall constitute the entire agreement between the Parties in relation to the subject matter of these Terms, and shall supersede all previous agreements, arrangements, credit notes and understandings between the Parties. If there is an inconsistency between Our communications, documents etc. and these provisions of these Terms shall prevail. JURISDICTION: If the Parties to this Agreement are unable to amicably settle any dispute arising under this agreement or in connection with this agreement, the Parties shall mandatorily attempt to resolve such dispute by way of mediation through an online mediation platform. The parties may approach the courts only after attempting meditation through an online mediation platform. This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Kolkata.
BOOKING MODIFICATION:
Bookings post confirmation are allowed to be modified only twice. For any modifications, the customer is required to provide a valid reason and supporting documents. After two modifications, bookings will be non-refundable and non-cancelable.
AMENDMENT TO THE TERMS:
Vista Voyage reserves the right to change the Terms from time to time. The User is responsible for regularly reviewing the Terms.
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