TERMS & CONDITIONS
SPLENDID KUTCH shall provide you (“User”) travel-related information, pricing, availability and reservations for airlines, hotels, holiday packages, bus and car rentals across cities and rural areas throughout India (“Service/s or SPLENDID KUTCH Services”). These Services may be availed by the User in India at any time during the year as is offered by various third party vendors like airlines, hotels, etc.(“Service Providers”).
This Master User Agreement(“Agreement”)is applicable to all SPLENDID KUTCH Services. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service(“TOS”) for each such Service, which may be updated or modified by SPLENDID KUTCH from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail
SPLENDID KUTCH Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website 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 this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail SPLENDID KUTCH Services. 1.5 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 reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or house rules.
SPLENDID KUTCH at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by SPLENDID KUTCH is not complete until full money towards the service is received from the User and accepted by SPLENDID KUTCH.
MODIFICATION OF TERMS
SPLENDID KUTCH reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY USER.
1. The User 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 SPLENDID KUTCH Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
2. The User further agrees and undertakes not to reverse engineer, modify copy, 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 is permitted provided that the SPLENDID KUTCH’s 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 is not permitted.
DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY
1. SPLENDID KUTCH has endeavored to ensure that all the information provided by it is correct, but SPLENDID KUTCH neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. SPLENDID KUTCH makes no warranty, express or implied, concerning the Website 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 any User or any other person, arising out of or from the use of any such information.
2. To the extent SPLENDID KUTCH acts only as a booking agent and facilitator of Services on behalf of 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 and rendering of services by the service providers. SPLENDID KUTCH shall further not have responsibility or liability in relation to the validity of the legal rights related to third party content. All third party intellectual property rights as displayed on the website are owned by respective parties and SPLENDID KUTCH does not claim any rights over the same. The mere displaying of information about events, the 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 SPLENDID KUTCH’s sponsorship or approval of related third-parties, or any affiliation between SPLENDID KUTCH and third-parties.
3. Although SPLENDID KUTCH makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is 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.
4. SPLENDID KUTCH does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5. SPLENDID KUTCH does not, by offering travel related 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.
6. In no event shall SPLENDID KUTCH 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 SPLENDID KUTCH .
Neither shall SPLENDID KUTCH be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from SPLENDID KUTCH , whether based on contract, tort, negligence, strict liability or otherwise. Further, SPLENDID KUTCH 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 SPLENDID KUTCH’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/ SPLENDID KUTCH 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 SPLENDID KUTCH 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/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case SPLENDID KUTCH shall be liable for any consequential loss, damage or additional expense whatsoever. In no event SPLENDID KUTCH shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User/customer
LINKS TO THE THIRD PARTY SITES:
1. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SPLENDID KUTCH or the Website and SPLENDID KUTCH 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. SPLENDID KUTCH is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. SPLENDID KUTCH is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by SPLENDID KUTCH or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
2. SPLENDID KUTCH is not responsible for any errors, omissions or representations on any Linked Site. SPLENDID KUTCH 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 such information.
PROHIBITION AGAINST UNLAWFUL USE:
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
1. SPLENDID KUTCH reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the SPLENDID KUTCH Services. SPLENDID KUTCH further reserves the right to alter any and all fees from time to time, without notice.
2. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the SPLENDID KUTCH Services.
1. This Marketplace is a platform/marketplace that facilitates online booking and purchase of travel packages and other travel related services (“Service/s”) offered by various third-party service providers (“Vendor/s”).
2. Vendors are the service providers for the Services on the Marketplace and are solely responsible to User for the Services sold or for redemption of any travel Voucher purchased by User through the Marketplace. SPLENDID KUTCH’s deliverable is limited to facilitating the communication between User and the Vendor through this Site, for Services.
3. SPLENDID KUTCH only routes payments from Customers. SPLENDID KUTCH does not guarantee payments to Vendors for amounts that have not been successfully received by SPLENDID KUTCH from Customers.
4. User acknowledges that SPLENDID KUTCH has the right to change or discontinue any functionality of the Marketplace at any time, without notice. User further acknowledges that SPLENDID KUTCH may add or modify the procedures, modes, processes, terms and conditions at any time and User shall adapt to changes that SPLENDID KUTCH may make to the Marketplace. User agrees that SPLENDID KUTCH shall not be liable to User or to any third party for any modification, suspension or discontinuance of any aspect of the Marketplace.
CHARGING & PRICING INFORMATION:
1. SPLENDID KUTCH does not charge any fee for browsing and booking of Services on the Marketplace. User can create free membership accounts on the Marketplace. In particular, SPLENDID KUTCH may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Marketplace.
2. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to SPLENDID KUTCH Online PAYMENT GATEWAY, UPI portal, Bank Transfer, and any other mode of payment unless CASH Payment.
3. SPLENDID KUTCH strives to provide Users through its Vendors best possible prices for the Services enumerated on the Marketplace. However, SPLENDID KUTCH does not guarantee that the price will be the lowest in the city, region or geography.
4. While SPLENDID KUTCH endeavors to provide quality Services and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, SPLENDID KUTCH may, at its discretion, either contact User for instructions or cancel User’s booking and notify User of such cancellation.
5. SPLENDID KUTCH will have the right to rectify the price of the Service and contact User for further instructions via e-mail address provided by User at the time of registration, or cancel the booking and notify User of such cancellation. If SPLENDID KUTCH cancels the order after the payment has been processed, the said amount will be remitted to User’s account from which the payment was made.
6. SPLENDID KUTCH is a facilitator for payment from User to the Vendor and SPLENDID KUTCH’s obligation to pay the Vendor is conditional upon successful receipt of the associated payments from User. SPLENDID KUTCH does not guarantee payments to Vendors for amounts that have not been successfully received by SPLENDID KUTCH from the User.
1. Online Card Payments
1. Visa, Master and American Express Card payments are processed through an online payment gateway system. SPLENDID KUTCH makes best efforts to fulfil information security requirements and as a Verisign Certified Site, uses the latest 128 bit encryption technology and other sophisticated methods to protect Users credit card information. User can make bookings for desired services using SSL encryption (the Internet standard for secure transactions).
2. Internet Banking
1. If User have an account with any of the below mentioned banks, then User can pay for the desired Services through the respective bank’s net banking options and the amount will be automatically debited from Users account. SPLENDID KUTCH.com may process payments through third party payment-gateway system
3. Gateway Charges
1. Please note that SPLENDID KUTCH cannot control any fees that may be charged to User by his/her bank related to such a transaction andSPLENDID KUTCH disclaims all liability in this regard.
1. User should not take any action based on information on the Marketplace until User has received a confirmation of User’s transaction. In case of confirmations to be received by email, if User does not receive any confirmation of User’s purchase/transaction within the stipulated time period, User may first look into “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact SPLENDID KUTCH’s call centre
2. The total price payable will be displayed to the User before making payment to the Vendor. Users are hereby informed that in case of a booking request being rejected by a Vendor (i.e. not confirmed by the applicable Vendor), any amounts collected by SPLENDID KUTCH for such booking will be refunded to the User’s Account used for making the payments.
3. As a general rule, SPLENDID KUTCH will remit the to the Vendor the applicable amount due once SPLENDID KUTCH receives confirmation of a booking from the applicable Vendor. Total price may instead be collected as part payments, as per Vendor policy.
AMENDMENT & CANCELLATION POLICY:
1. All amendments and cancellation of booking shall be as per the notifications/ policy provided by the Vendor and shall be routed through SPLENDID KUTCH. ALL THE CONVERSATION ACCEPTED IN WRITTEN THROUGH OFFICIAL EMAIL ADDRESS ONLY.
2. If a Vendor cancels a confirmed booking made via the SPLENDID KUTCH’s Site:
1. SPLENDID KUTCH will refund the total price paid by the User for such booking to the applicable User within a commercially reasonable time of the cancellation;
2. If applicable, the User will receive an email or other communication from SPLENDID KUTCH containing available alternative listings of the earlier previously desired Services as offered by and available with the Vendor;
3. if the User requests booking from one of the enlisted alternatives and the concerned Vendor confirms the User’s booking request, in that case the User agrees to pay SPLENDID KUTCH the differential cost relating to the confirmed booking for the desired Service, in accordance with these Terms.
1. In case of no-show or unutilized bookings, User shall be required to make requests for any valid and applicable refunds, as per Vendors’ policies, within 90 days from the travel date. Refund will be processed post deducting the cashback or any discount offered at the time of booking.No refund would be payable for any requests made after the expiry of 90 days of travel date/ check-in as aforementioned and all unclaimed amounts for such no-show or unutilized bookings shall accordingly be deemed to have been forfeited.
2. The refund shall be processed within 7-10 working days from the date of the cancellation request. If SPLENDID KUTCH has received the payment through a valid credit card, then the same will be refunded to User’s credit card.
3. In case User avails to book any of the Services offered by the Vendor and is, thereafter, not contactable on the contact details provided, then the tour reservation selected by User will stand cancelled and SPLENDID KUTCH or the Vendor would not be liable for any charges/expenses incurred by User, either directly or indirectly in this regard.
USERS RESPONSIBILITIES & LIABILITIES:
1. General Understanding
1. User shall be responsible for their own actions in utilizing the Services purchased by User, and SPLENDID KUTCH shall not be liable for any such action. SPLENDID KUTCH is only providing a platform for communication and it is agreed that the contract for Service shall be a strictly bipartite contract between the Vendor and User.
2. User represents that User is of legal age to form a binding contract with SPLENDID KUTCH and is not a person barred from receiving Services under the laws as applicable in India.
3. User confirms that SPLENDID KUTCH shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Marketplace.
4. Any references to a Vendor being “verified” (or similar language) only indicate that the Vendor has completed a reasonable verification process. Any such description is not an endorsement, certification or guarantee by SPLENDID KUTCH about any Vendor, including of the Vendor’s identity and credibility. SPLENDID KUTCH therefore recommends that you always exercise due diligence and care when deciding whether to avail services from a Vendor, or while having any other interaction with them.
5. Upon receiving User’s complaint, SPLENDID KUTCH shall inform the relevant Vendor of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Vendor providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective service and SPLENDID KUTCH shall not in any manner be held liable for the same.
6. Unless due to User’s negligence, in the event the Vendor fails to complete a delivery of any Service, User acknowledges that the Vendor will be liable to make any applicable refunds or payments. User agrees that SPLENDID KUTCH will not be held liable for failure of the Vendor to make available any Service therein.
1. SPLENDID KUTCH 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 SPLENDID KUTCH’s sole discretion.
2. When User registers with SPLENDID KUTCH, SPLENDID KUTCH or any of its Vendor/partners/affiliate/group companies may contact User from time to time to provide the offers/information of such services.
2. Proprietary Rights
1. SPLENDID KUTCH 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 SPLENDID KUTCH and shall not copy, transmit or create derivative works of such material without express authorization from SPLENDID KUTCH.
2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website/Marketplace that is protected by copyright or other 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.
3. Limited User
1. The User 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, is not for commercial use but is specifically meant for personal use only.
2. The User further agrees and undertakes not to reverse engineer, modify, copy, 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 is permitted provided that the SPLENDID KUTCH’s 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 is not permitted.
4. Prohibition Against Unlawful Use
1. As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
2. SPLENDID KUTCH reserves the right, in its sole discretion, to terminate the access to the website/Marketplace and the related functionalities, or any portion thereof at any time, without notice.
1. Without prejudice to the other remedies available to SPLENDID KUTCH under this agreement, or under applicable law, SPLENDID KUTCH 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 Agreement and/or the documents it incorporates by reference; SPLENDID KUTCH/Vendor is unable to verify or authenticate any information provided by the User; or SPLENDID KUTCH believes that the User’s actions may infringe on 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 SPLENDID KUTCH.
2. SPLENDID KUTCH may at any time in its sole discretion reinstate suspended Users. Once the User have been suspended the User may not register or attempt to register with SPLENDID KUTCH or Use the website in any manner whatsoever until such time that the User is reinstated by SPLENDID KUTCH.
3. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, SPLENDID KUTCH reserves the right to recover any amounts due and owing by the User to SPLENDID KUTCH and/or the service provider and to take strict legal action as SPLENDID KUTCH deems necessary.
1. SPLENDID KUTCH does not control, endorse or accept responsibility for any services offered by third parties/vendors accessible through the marketplace or any linked sites. SPLENDID KUTCH makes no representations or warranties whatsoever about, and shall not be liable for, the vendor or any such third parties, their services, including representations relating to non-infringement of third party intellectual property rights. Any transactions that user may have with such third parties are at users own risk. The services shall be subject to vendor’s terms and conditions for warranty, service and maintenance, and SPLENDID KUTCH does not accept any responsibility for the same. SPLENDID KUTCH also does not accept any responsibility for the services availed by user.
2. SPLENDID KUTCH specifically disclaims any liability with regard to any deficiency of service availed by user from the vendor and SPLENDID KUTCH shall not assume any liability if the service availed by user from the vendor is not exactly as per specifications detailed in the booking confirmation.