TERMS OF USE
I Introduction
IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this “Agreement”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
If you do not accept the Terms and Conditions stated here, we would request you to exit this site.
This page states the Terms and Conditions under which you (Visitor) may visit this website.
Abidal, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this website.
The terms and conditions set out below (“Conditions”) apply to your use of the Site including the use of the information services offered on the Site.
II Site
This website (collectively, the “Site”) make available information on hotels, resorts, and other transient stay facilities (each a “Property”) owned and managed by the “Abidal” and/or its subsidiaries and affiliates (collectively, “Abidal”), and other travel‐related or consumer goods and services. The Site, and the services of each of its modules, is offered exclusively by Abidal and/or its various third party providers and distributors.
III Content, Trademarks and Copyright
The Site, including each of its modules, is the copyrighted property of Abidal and/or its various third party providers and distributors. The information, text, graphics, images, photographs, videos, sounds, links and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by Abidal or licensed by Abidal and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Abidal.
All logos, brands and marks appearing in this site, except as otherwise noted, are properties either owned, or used under license, by Abidal and / or its associate entities who feature on this website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
IV Your use
The Site is for your personal non‐commercial use and the Information may be downloaded or printed by you solely for that purpose. You may only use the Site if you are at least 18 (eighteen) years of age and can enter into binding contracts (the Site is not available for use by minors).
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “trojan horse” to the website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Abidal and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful. .
V Links to/from other Websites
The Site may contain links to other websites (“Linked Websites”). Those links are provided for convenience only. Abidal provides such links solely as a convenience to you and for information purposes only. Abidal has not reviewed all of the information on these other websites. You acknowledge and agree that Abidal does not have any control over the content or availability of Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Websites.
Links with Linked Websites should not be construed as an endorsement, approval or recommendation by IHCL of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Websites, you do so at your own risk
Similarly, this website can be made accessible through a link created by other websites. Access to this website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this website are necessarily the same or similar to the idea, concept, aim or purpose of our website or that such links have been authorized by Abidal and / or its associate entities. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Abidal and / or its associate entities consequent to such representation, its correctness or accuracy. You hereby disclaim and waive any rights and claim you may have against Abidal with respect to third party products and services.
- Indemnity
You agree to defend, indemnify, and hold harmless Abidal and/ or its associate entities, their officers, directors, employees and agents, from and against any losses, damages, costs and expenses incurred or threatening to arise against You under any third party claims, actions, settlement, judgement, governmental authority proceeding or demands, including without limitation reasonable legal and accounting fees, alleging or resulting/ arising from your use of the website material or your breach of these terms and conditions of website use.
VII Liability
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
While all reasonable care has been taken in providing the content on this website, Abidal and / or its associate entities shall not be responsible or liable as to the completeness or correctness of such information and any or all consequential liabilities arising out of use of any information or contents on this website. Under no circumstances (including negligence and fundamental breach) will ABIDAL or anyone else involved in providing the service be liable for any direct, indirect, incidental, special or consequential damages or losses from or through the use of or inability to use the service or that result from mistakes, omissions, interruptions, delays in operation or transmission or any failure of performance, even if advised of the possibility thereof.
No warranty is given that the website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of the website results in the need for servicing or replacing equipment or data, Abidal and / or its associate entities are not responsible for those costs.
The website is provided on an ‘as is’ basis without any warranties either express or implied whatsoever. Abidal and / or its associate entities, to the fullest extent permitted by law, disclaims all warranties, including non-infringement of third parties rights, and the warranty of fitness for a particular purpose and makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links. .
VIII Hotel reservations
The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservations.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by Abidal.
Hotel reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
No contract will subsist between you and Abidal or any of its affiliates in respect of any services or products offered through the Site unless and until Abidal accepts your order by e‐mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products which may be offered by Abidal on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Abidal reserves the right to obtain validation of your credit card details before providing you with any services or products.
IX Disclaimer of Consequential Damages
In no event shall Abidal, or any parties, organizations or entities associated with the corporate brand name Abidal or otherwise, mentioned at this website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the website and the website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organizations or entities were advised of the possibility of such damages.
X Privacy
Abidal respects the privacy of the users of this Site. Your use of the Site is subject to Abidal Privacy Policy. If you would like to view the privacy practices please review our Privacy Policy available on the Site. By using our site, you consent to your personal information being processed as set out in our Privacy Policy.
XI Conditions of Use & Notices
If you choose to visit the Abidal website, your visit and any dispute over privacy is subject to these terms and conditions and laws of India.