If We Change Or Cancel Your Adventure Tour
We do plan the arrangements. It is unlikely that we will have to make any changes to your travel arrangements. Occasionally, we may have to make changes due to Force Majeure Events and we reserve the right to do so at any time before or during the trip.
If there are any changes, we will advise you of them at the earliest possible date before or during the trip based on the Force Majeure Events.
We also reserve the right under force Majeure Events to cancel your travel arrangements / offer alternative dates / revise the itinerary before or during the trip. Any additional cost incurred due to the above-mentioned reasons will have to be borne by the traveler himself. There shall be no refund to the traveler under Force Majeure Events.
Force Majeure Event shall mean and include any circumstance beyond the reasonable control of HB Travel, including without limitation, any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, casualty, strikes, lock-outs, labor troubles, riots, sabotage, terrorists acts, embargo, war (whether or not declared), governmental actions, delay in issuance or processing of Visa/permit, change of laws and regulations, orders, or decrees, or other causes of like or different character beyond the control of HB Travel
Limited User: The User hereby agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Services, including the use of the Website, are not for commercial use but are specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website. Limited reproduction and copying of the content of the Website are permitted provided that the HB Travel name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website are not permitted.
Disclaimer: HB Travel will endeavor to ensure that all the information provided by it is, to the best of its knowledge, correct. However, HB Travel or any of its impaneled ventures neither warrants nor makes any representations regarding the quality, accuracy, or completeness of the information or data. HB Travel or any of its impaneled ventures makes no warranty, express or implied, concerning the website and/or its contents, and disclaims all assurances of fitness for a particular purpose and guarantees of merchantability in respect of services, including any liability, responsibility, or any other claim, in respect of any loss, whether direct, indirect or consequential, to any User or any other person, arising out of or from the use of any such information.
To the extent HB Travel acts only as a facilitator of the Services which are being offered and rendered by third-party Service Providers, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the User as regards the standards, quality, fitness, merchantability, consequences of the use of the Services provided by the Service Providers. In no circumstances shall HB Travel be liable for the Services provided by the Service Provider.
Although HB Travel makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website are correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, HB Travel is not the Service Provider and cannot, therefore, control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the Service Providers.
HB Travel does not, by facilitating the Services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
HB Travel does not, by facilitating the Services represent or warrant that the use of Service is without any risk, and shall not be liable for damages or losses that may result from the User’s use of Services.
In no event shall HB Travel be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the Services; (c) unauthorized access to or alteration of the User’s transmissions or data; (d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing Services from HB Travel.
Neither shall HB Travel be responsible for the delay or inability to use the Website or Services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained from HB Travel, whether based on contract, tort, negligence, strict liability or otherwise. Further, HB Travel shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond the control of HB Travel. The user understands and agrees that any material and/or data downloaded or otherwise obtained from Website/ HB Travel is done entirely at their discretion and risk and they will be solely responsible for any damage to his/her/its computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability including consequential losses, damages, or additional expenses whatsoever, on part of HB Travel arising under any circumstances, in respect of any Services availed by the User, shall be limited up to a maximum of the refund of total amount received by HB Travel from the User for availing the concerned Service less any cancellation, refund or others charges, as may be applicable
HB Travel holds no responsibility for any of the User Generated Content on the website. HB Travel neither warrants nor makes any representations concerning the quality or accuracy of the User Generated Content on the website. Additionally, HB Travel is not liable for any User Generated Content which may be deemed as vulgar, profane, or harmful.
Third-Party Website :
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HB Travel or the Website and HB Travel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HB Travel is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. HB Travel is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by HB Travel or the website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
HB Travel is not responsible for any errors, omissions, or representations on any Linked Site. HB Travel does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on the information provided by the Linked Site.
The Website may contain third-party advertisements. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third-party advertisements. HB Travel shall not be liable for any direct, indirect, consequential, or punitive losses, damages, claims including attorney’s fees incurred from the action or inaction of User by reliance on any information on such advertisements.
The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or another message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not: Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information;
Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may apply for or to any particular Communication Service;
Violate any applicable laws or regulations for the time being in force in or outside India, and Violate any of the terms and conditions of this User Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
HB Travel will review materials posted through Communication Service and shall remove any materials at its sole discretion. HB Travel reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HB Travel reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HB Travel sole discretion.
HB Travel does not control or endorse the content, messages, or information found in any Communication Service and, therefore, HB Travel specifically disclaims any liability or responsibility whatsoever about the Communication Services and any actions resulting from the user’s participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. The user is responsible for keeping himself updated and adhering to such limitations if they download the materials.
When you register with the Website, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.
HB Travel reserves the right, in its sole discretion, to terminate access to the Website and the related services or any portion thereof at any time, without notice.
User Account and Limitation:
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.
To avail a Service through the Website, the User has and must continue to maintain at his sole cost:
1.) All the necessary equipment including a computer and modem etc. to access the Website/avail Services;
2.) Own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third-party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The User also understands that the Services may include certain communications from HB Travel as service announcements and administrative messages. The user understands and agrees that the Services are provided on an “as is” basis and that HB Travel does not assume any responsibility for deletions, miss-delivery, or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our Services. The Password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus the Password will not be known even to HB Travel. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using HB Travel Services. HB Travel will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of your ID/password/credit card number/account details number for using HB Travel Services.
The user also agrees and undertakes to immediately notify HB Travel of any unauthorized use of the user’s password or user id and to ensure that the user logs off at the end of each session at the Website. HB Travel shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to:
- Provide true, accurate, and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and
- Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If the User provides any information that is untrue, inaccurate, not current, or incomplete or HB Travel has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, HB Travel has the right to suspend or terminate the User’s registration and refuse any current or future use of the Website and/or any Service.
Furthermore, the User grants HB Travel the right to disclose to third parties Registration Data to the extent necessary for carrying out the Services.
Without prejudice to the other remedies available to HB Travel under this User Agreement, the TOS or under applicable law, HB Travel may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the Website if The user is in breach of this User Agreement, the TOS and/or the documents it incorporates by reference;
HB Travel is unable to verify or authenticate any information provided by the user; or
HB Travel believes that the user’s actions may infringe any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Website, and/or HB Travel.
HB Travel may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended, the user may not register or attempt to register with Website/ HB Travel or use the Website in any manner whatsoever until such time that the user is reinstated by HB Travel. Notwithstanding the foregoing, if the user breaches this User Agreement, the TOS or the documents it incorporates by reference, HB Travel reserves the right to recover any amounts due and owing by the User to HB Travel and/or the Service Provider and to take strict legal action as HB Travel deems necessary.
Property Right :
HB Travel may provide the User with content such as sound, photographs, graphics, video, or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by HB Travel and shall not copy, transmit or create derivative works of such material without express authorization from HB Travel.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this User Agreement, TOS, terms and conditions, notices, or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and HB Travel and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes HB Travel and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed HB Travel and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of this User Agreement, the TOS, or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
The terms and conditions contained herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this User Agreement as a whole.
The User agrees to indemnify, defend and hold harmless HB Travel from and against any losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HB Travel that arises out of, result from or may be payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User under this User Agreement and/or the TOS.
If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
Termination of agreement and services:
Either the User or HB Travel may terminate this User Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that HB Travel may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this User Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
This Use Agreement may be terminated by either the User or HB Travel through a written notice to the other. HB Travel shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this User Agreement, any TOS or become dissatisfied with the Service in any way, the User’s only recourse is to immediately:
Discontinue use of the Website/Service and Notify HB Travel of such discontinuance.
Upon termination of the Service, the User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and HB Travel shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, canceled, or suspended, any data that the User has stored on the Website may not be retrieved later.
All notices and communications (including those related to changes in the TOS, Service, termination of Service, etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address or by displaying on the Website. If to HB Travel, at firstname.lastname@example.org and/or at the address posted on the Website.
If to a non-registered User, at the communication and/or email address specified in the application form availing of HB Travel Service.
If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
Governing Law and Jurisdiction :
This User Agreement and each TOS shall be governed by and constructed by the laws of India. All disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi, India.