Please read this Terms and Conditions of Service Agreement carefully.
You are hereby agreeing to bind all the terms and conditions mentioned herein to avail booking of accommodation by using this website. If you are enjoying any services through PACKBAGTRIP.COM, it will be considered as deliberate and with your consent. Using this website by you will tantamount to your agreement to the terms and conditions framed herein. If you are not agreeing to these terms and conditions, restrain yourself from using and availing any services through this website.
This Terms and Conditions agreement governs your use of the website PACKBAGTRIP.COM, which offers the service of booking accommodation. This agreement includes the policies and guidelines cited on this website. PACKBAGTRIP.COM reserves the right to change or revise the terms and conditions at any time by posting changes or a revised agreement on the website.
The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. PACKBAGTRIP.COM warns you to review the terms and conditions whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement will not affect or repudiate any terms and conditions of any other agreement that you may have with PACKBAGTRIP.COM for other products or services. Terminate the use of this website if you do not agree with the terms and conditions framed here in.
I. Services
Our mission is to enable people to experience the different modes of accommodation, by offering the best and unique accommodation facilities at various prominent and unknown centers at an affordable price. The PACKBAGTRIP.COM website is a platform for booking accommodation wherein the providers of hotel rooms and accommodation will list their accommodation facilities and through this website the customers can search and select which ever accommodation they like most. Once an order is placed by you it will be considered as you agree to the terms set forth in this Agreement.
II. Website
III. Disclaimer of Warranties
Your use of this website and booking of accommodation are at your sole risk. PACKBAGTRIP.COM offers a platform wherein the vendors providing accommodation will list their accommodation amenities and other consumers avail those accommodation facilities at their own interest. PACKBAGTRIP.COM has, however, taken utmost care to verify the details posted by the vendor in the website; the consumer has to make sure that the accommodation facility listed by the vendor is suitable and genuine. The services offered by this website are on an "as is" and "as available" basis. PACKBAGTRIP.COM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the services or website content, or any reliance upon or use of the website content or products.
PACKBAGTRIP.COM makes no warranty: That the contents on this website are accurate, reliable and complete. That the links to third-party websites are accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein, regarding any services obtained through the website.
IV. Limited Liability
IV. Limited Liability
This is a platform run by PACKBAGTRIP.COM wherein a vendor lists its accommodation facilities and the consumer can book those accommodation facilities by using this website. The app provides only technology which enables the listing and booking activities between vendor and consumer.
PACKBAGTRIP.COM will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services in any manner.
V. Indemnification
The Vendor covenants and agrees to PACKBAGTRIP.COM that the Vendor shall hold entire responsibility for and indemnify and keep harmless the PACKBAGTRIP.COM from any and all claims, liabilities, losses, expenses, responsibility and damages, demands or actions by reason of any claim raised by the consumer in relation to booking services. It may arising out of the Vendor or on behalf of any of his/her employees, staff, or persons connected in any manner with the business. Further the PACKBAGTRIP.COM shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation related to the contents by the Vendor or any of its representatives. This clause shall survive even after the termination or expiration of this Agreement. The PACKBAGTRIP.COM under no circumstances will be liable to the Vendor for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim.
VI. Privacy
PACKBAGTRIP.COM takes utmost care to protect its data use. Nevertheless, the consumers of the data may use the data as per the policies framed by the PACKBAGTRIP.COM. Please refer the privacy policy incorporated on the Website.
VII. Agreement to be Bound
It will be considered that you have agreed to the terms and conditions in this agreement when you use this website or availing any booking services through this website.
VIII. REPRESENTATION AND COLLECTION OF PAYMENTS
The PACKBAGTRIP.COM shall not receive any payments from the consumers and shall not issue any receipt/bill to the customers. The vendor shall be responsible for providing the receipt to the consumer for the cash received in the course of booking. It is understood that all the commercial activities occurring between consumer and vendor are between them only and the PACKBAGTRIP.COM has no liability to take over any liabilities arising out of the use of the website. The PACKBAGTRIP.COM shall not be responsible for any loss, harm or cancellation to the bookings, non availability of rooms and inferior quality services. If any claims arise due to the aforesaid reasons, the consumer must sue vendor for the damages.
IX. CANCELLATION OF BOOKINGS
1. If the consumer cancels his bookings at his/her own discretion, the vendor or PACKBAGTRIP.COM has no liability to repay the amount paid by the consumer. The vendor, however, shall repay the booking amount to the consumer where the consumer finds inferior quality service as against the information given by vendor regarding such services.
2. The legal status of the PACKBAGTRIP.COM is considered as an intermediary between the vendor and consumer. There is no agent and principal or employee and employer relationship between the PACKBAGTRIP.COM and vendor. Since the company represents it as an independent contractor, it shall not bear any liabilities arising out of the use of this app. The consumers of the app should take due diligence to know the legal basis of a vendor and PACKBAGTRIP.COM shall not give any assurance or warranty about the services of the vendor. The company shall not be liable for any acts done by the consumer and vendor.
3. The company shall collect a service charge/commission either from Vendor or Consumer of the app for its service. Service charge will include all applicable taxes.
X. General
1. Force Majeure: PACKBAGTRIP.COM will not be liable for the costs or expenses arising from any failure or delay in the performance of this Agreement that is due and attributable to causes beyond the control of either party, including but not limited to acts of God, weather, war, civil unrest, strikes, lockouts, lockdown, destruction of production facilities, riots, insurrection, terrorist attacks, government regulatory actions, acts or decrees of governmental or military bodies, fire, casualty, flood, earthquake, or any other force majeure event, provided that the party has used commercially reasonable efforts to mitigate the effects of the cause. PACBAG will not be liable for any delays in the normal interruption in the workflow process caused by changes to the specifications or technology.
2. Termination: PACKBAGTRIP.COM may terminate this agreement at any time or close down the operation of the Website without giving any prior notice to you. 3. Obscene Contents: The users of this website shall not post or furnish any details or information which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights of any third party or of false, incorrect, misleading description. The Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to place an order and the misrepresentation if any in this regard will be compensated by the Vendor.
3. Obscene Contents: The users of this website shall not post or furnish any details or information which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights of any third party or of false, incorrect, misleading description. The Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to place an order and the misrepresentation if any in this regard will be compensated by the Vendor.
4. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the PACKBAGTRIP.COM and you as to the subject-matter of this Agreement and neither of the parties shall be bound by any conditions, definitions, warranties or representations with respect to the subject matter of this Agreement other than as expressly provided in this Agreement as duly set forth.
5. Effect of Waiver. No party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
6. Governing Taxes. If you avail any services through this website, you are bound to pay or remit applicable taxes in any manner to the Government or other authorities.
7. Governing Law; Jurisdiction. This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Kerala, without regard to its conflicts of laws provisions. Neither you nor PACKBAGTRIP.COM will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of kerala. By using this Website or booking accommodation, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
8. Litigation Rights: You hereby agree that whenever you put a claim against PACKBAGTRIP.COM it will be filed individually and you cannot institute any joint claim against PACKBAGTRIP.COM with the other claimants.
9. Termination. PACKBAGTRIP.COM has right to block and restrain you at any time from using the website without providing any prior notice to you. It is the sole discretion of PACKBAGTRIP.COM. You will not be permitted to use the website after the completion of termination process and PACKBAGTRIP.COM may also cancel any outstanding orders as remedial measures. In such case, you will have to pay damages to PACKBAGTRIP.COM for the damages occurred to the company. If your access to the Website is terminated, PACKBAGTRIP.COM reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until PACKBAGTRIP.COM chooses, in its sole discretion and without advance to you, to terminate it.
10. Geographical Area. This website is primarily meant for domestic consumers in India Consumers from outside the country must have to do it in association or compliance with their country’s laws and regulations.
11. Assignment. Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub-contactable or conveyable by consumer, either by operation of law or otherwise, without the express, prior, written consent of the PACKBAGTRIP.COM signed by an authorized representative of such Party. BY USING THIS WEBSITE OR BOOKING ACCOMMODATION THROUGH THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.