Terms & Condition

GENERAL TERMS & CONDITIONS

Definitions and Scope of Agreement

‘Voyqa’ (we, us, or our) has created a website www.voyqa.com (‘the site’) to provide guests and travel agents/agencies  (‘user’) access to information about Voyqa tours, packages, luxury stays and cruises (‘product’) to provide the guest and agents an ability to explore and get a dream holiday.

User Agreement

This agreement is between user and Voyqa. By using the site user agree to be bound by the terms and conditions set out herein. Voyqa may modify the terms and conditions without notice at any time without prior notice at any time where such amendment does not substantially affect user rights and obligations.  By using the site to search or book the product or services offered, user are indicating:

·      that user have read this user agreement

·      user acceptance of this user agreement

Capacity

By making a purchase through the site user warrant that user is over 18 years and that the user has legal right and ability to enter into the legally binding agreement with us.

Website changes

Voyqa reserve the right to change, alter, vary or amend the site at any time. Voyqa in its sole discretion may terminate, restrict or prevent from accessing all the parts or any part of the site.

Disclaimer

Voyqa strives to ensure that all the information provided by it, is correct, but Voyqa neither warrants nor makes any representations regarding the quality, accuracy or credibility of any data or information. Voyqa makes no warranty, express or implied, concerning the site and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to user or any other person, arising out of or from the use of any such information.

To the extent Voyqa acts only as a booking agent and facilitator of services  on behalf of the third party service provider, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and user as regard the standards and rendering of services by the service providers. Voyqa shall further have no responsibility or liability   in relation to the validity of the legal rights related to third party content. All third party intellectual property rights are displayed on the site is owned by respective parties and Voyqa claims no rights over the same. Mere displaying of information about events, intellectual property related thereto by third parties or further facilitating reservations in relation to third party events, does not in any way imply, suggest, or constitute Voyqa’s sponsorship or approval of related third parties, or any affiliation between Voyqa or any such third parties.

Voyqa does not endorse any advertiser and/or their services on its site in any manner. User is requested to verify the accuracy of all such information on your own before taking reliance on such information.

Voyqa only provides information and related service to facilitate and assist in travel and tourism to various destinations across India and across the world. Voyqa does not take responsibility for any damage or loss to person or property that may result from travel to such destinations.

In no event Voyqa shall be liable for any direct, indirect, punitive, incidental, special or consequential or any other damages resulting from: (a) the use or inability to use the services; (b) 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) unauthorised access to or alteration to the users 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 Voyqa.

Neither shall Voyqa be responsible for the delay or inability to use the site or services, the provision of or failure to provide services by the service provider, or any information software, products, services and related graphics obtained from Voyqa, whether based on contract, tort, negligence, strict liability or otherwise. Furthermore, Voyqa shall not be held responsible for non-availability of the site 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 Voyqa’s control. User understands and agrees that any material and/or data downloaded or otherwise obtained from the site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their 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 on part of Voyqa arising under any circumstances, in respect of any services availed, shall be limited up to a maximum of the refund of total amount received from the User for providing the Services less any cancellation, refund or others charges, as may be applicable/provided in detail under privacy policy cancellation and refund policy, etc. In no case Voyqa shall be liable for any consequential loss, damage or additional expense whatsoever. In no event Voyqa shall be liable for any kind of refunds/returns of charges/fee/fares paid to the service provider for rendering the services to the User.

Use of Website by User

• User agree not to access (or attempt to access) any part of the site by any means other than through the interface provided by Voyqa.
• User agrees that he will not engage in any activity that interferes with or disrupts the site or the servers and networks that host the site. User may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the site except with Voyqa’s prior permission and written consent.
• User agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the site or the content therein.
• User agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with Voyqa’s permission and prior written consent.
• User understands and agrees that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Other Prohibited Conducts

As deemed under this agreement, the user warrants tat they will not use the site for any purpose that is unlawful of illegal under any law for the time being enforce within or outside India or prohibited by this agreement, both specific and implied.

The site may contain services such as the following, but not limited to email, chat, information related to various tourist spots, calendars, etc. The user agrees and undertakes that when using such services, the user will not engage in prohibited activities as described below (without limitation):

1.   Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

2.   Publish, post, upload, distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

3.   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 any other User’s Computer System;

4.   Conduct or forward surveys, contests, pyramid schemes or chain letters;

5.   Falsify or delete any author attributions, legal or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

6.   Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the site contained elsewhere herein.

User Obligation

The user must affirm that he is of legal age to enter into a binding agreement with Voyqa. The user must also affirm that they are not barred from availing the services by any applicable law or regulation.

The user agrees and undertakes at all the times to be responsible for maintain the confidentiality and for all transactions undertaken by them. Voyqa will not be responsible for the any financial loss, inconvenience or mental agony resulting from misuse of credit/debit card number/account details, numbers for using our services.

User Code of Conduct

As a condition to use of the Website, Application and the Services, user agrees to follow our Code of Conduct, set out below. Under this Code, user will not:

• Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
• Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted to the Website without the copyright owner's permission or without a legitimate “fair use” justification for the transmittal.
• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
• Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party's use and enjoyment of the Website and Services, such as through sending “spam.”
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
• Seek to obtain access to any materials or information through “hacking,” “data harvesting” or through other means we have not intentionally made available to you through the Website.
• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

Copyright and Intellectual Property

The site is owned and operated by ‘Go Places’ the visual interfaces, graphics, design, compilation, information, computer code, software, services, content, videos, etc. and all other elements of the Website (the “Website Materials”) are protected by the laws of India and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights including the Indian Copyright Act, 1957.

Voyqa grants its user a non-exclusive, non-transferable right to access and use the website information as made available on the site, solely for your personal, non-commercial purposes. Unless expressly indicated on the site, user may not download, distribute, sell, lease, modify or otherwise provide access to the website information and content to any third party.

Modification of the said materials or use of website materials on any other website or online platform or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. In case of any such violation, Voyqa may sue the infringer via legal proceedings as per the applicable law and refuse access to any or all its products.

Gateway Charges

It is pertinent to note that Voyqa cannot control any fees that may be charged to user by his/her bank related to such a transaction and the Voyqa disclaims all liability in this regard.

Amendment and Cancellation Policy

Please refer to the fine print of the deal booked for a detailed amendment and cancellation policy.

Refund Policy

Certain bookings made via Voyqa may be cancelled with a full or partial refund provided that such cancellation is made strictly within 7 days from the date of purchase and provided that the cancellation is made no less than 30 days prior to the check-in date. Failing the aforementioned, bookings may not be subject to a refund unless otherwise stated in the Refund Policy. In order to avail the refund, users may get in touch with Voyqa via the information provided in the 'Contact Us' section of the Website.

In addition to the conditions stated above, given below are additional circumstances where a refund may be denied by Voyqa -

(a) If the refund request is made after the expiration of 30 days time period (i.e. prior to the check-in date) or after 7 days from the date of purchase;

(b) If user have simply decided to not utilize the deal post purchase for any reason whatsoever;

(c)  If user is unable to schedule the preferred time to experience the deal;

(d) If user lose or misplace the travel package or booking confirmation;

(e)  If the service provider on behalf of whom Voyqa is advertising the deal does not honour the terms of the deal because user have failed to present the package on redemption;

(f)   If the service provider’s terms and conditions are not adhered or abided by the user and service provider decide to not to offer further services to the user owing to his disobedience/non-compliance to service rules;

(g)  If user cannot redeem the deal prior to the end of the redemption period due to travel commitments;

(h) If user cancel a scheduled booking such that the cancellation voids the package in accordance with the Service Provider’s cancellation policy;

(i)   If the package experience did not meet user general expectations for whatever reason;

(j)   If the service provider does not have availability to redeem the package because user have not attempted to make a booking within a reasonable period of time from the expiry date.

(k) If the Voyqa has reason to believe that the refund request in question does not fall within the scope of this Refund Policy, is incorrect/deceptive or fraudulent.

Also note that Voyqa is under no legal obligation to provide user with any reasons as to why the request has been refused.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, will Voyqa or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms or use of (or inability to use) the website or any reference sites, or any other interactions with Voyqa, even if the Voyqa’s authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to user. In such cases, Voyqa’s liability will be limited to the fullest extent permitted by applicable law.

Indemnification

The user agrees to indemnify, defend and hold harmless Voyqa from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Voyqa that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to this Agreement and/or the Terms and Condition.

Severability

If any provision of these Terms is found to be illegal, void or unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Termination of Agreement and Services

Voyqa may terminate use of the products immediately without notice for any breach by user of the Terms or any of the applicable policies, as posted on the Site from time to time. Furthermore, Voyqa may terminate user rights to use the Products for any reason or no reason.

Users are free to terminate the use of the Products at any time by simply choosing to stop visiting or using Products and Website.

Force Majeure

There can be circumstances where Voyqa and/or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, pandemic, labour 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 Voyqa. Voyqa shall not be bear any liability towards such un-honoured bookings.

The User agrees that Voyqa being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

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, Voyqa’s obligation shall be limited refunding the booking amount, if any, received from the customer subject to the refund policy. Also such refund is dependent on Voyqa’s receiving the refund from the Service Provider. Such refund shall completely discharge Voyqa from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

Governing Law and Jurisdiction

This agreement and each terms and condition, privacy policy, cancellation policy and refund policy, etc.  shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.

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