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User Agreement

This user agreement incorporates the terms and conditions for the parent company of mytourideas.com namely Alpine Nature Beyond Pvt. Ltd (hereby referred to as “MTI”) to provide service(s) to the person(s) (hereby referred to as “the User”) intending to purchase any products and/ or services of MTI either directly from  MTI or through any of its agents.

INTERPRETATION NUMBER AND GENDER
The terms and conditions 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, feminine and neuter form. 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 agreement as a whole.

USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT
The Users availing services from MTI shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by MTI for all purposes, and shall be binding on the User. All rights and liabilities of the User and / or MTI with respect to any services to be provided by MTI shall be restricted to the scope of this agreement.

MTI reserves the right to terminate the access to any or all MTI websites or its other sales channels and related services or any portion thereof at any time, without notice, for any reason what so ever.

The user agreement detailed here are of general nature and there might be additional terms of services and guidelines specific to the services rendered by MTI such as in case of air tickets, rail ticket etc. Such Terms of Service will be provided by MTI to the user and in such cases they will be deemed to be a part of this Agreement and in the event of a conflict between such Terms of Service and this Agreement, the terms of this Agreement shall prevail.

Such Terms of Service may include cancellation policy, inclusion and exclusion list for package tour, specific issues about traveling to specific areas, legal requirements such as Inner Line Permits etc. The User is required to read and accept the relevant Terms of Service for the service availed by the User.

The User understands and fully accepts that service taken from MTI also includes service provided by different service providers such as Hotels, Transporters, Airlines etc. who might have their own Terms of Service, rules and guidelines. The user is responsible for understanding and fully accepting such prevalent Terms of Service. 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 may deal in course of taking service from MTI.

MTI services are offered with the understanding that the user has fully read, understood and expressly accepted the terms and conditions of this agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not avail MTI Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other MTI document, then these terms shall supersede any other terms and conditions.

The User would include each and every adult who takes service from MTI and the legal guardian of each and every minor who takes service from MTI. In cases where more than one person takes MTI service, the group leader takes on the additional responsibility of ensuring that the user agreement is read, understood and accepted fully by each and every member of the group. The user may or may not be the actual payee of the services of MTI.

Service Charge of MTI
MTI may charge transaction fees or service charges in case of certain completed transactions. MTI further reserves the right to alter all fees from time to time, without notice. By accepting MTI service, the user agrees to be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by MTI for transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct / charge / claim the balance subsequent to the transaction at its own discretion.

CONFIDENTIALITY
Any information which is specifically mentioned by MTI as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

USAGE OF THE MOBILE NUMBER OF THE USER BY MTI
MTI may send booking confirmation & itinerary information & update the customer on the booking status and any further itinerary information via SMS (short messaging service) on the mobile number given by the customer at the time of booking. The customer hereby unconditionally consents such intimation via SMS by MTI is in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.

ONUS OF THE USER
The User warrants that they will abide by all additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm 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.

INSURANCE
Unless explicitly provided by MTI in any specific service, obtaining sufficient insurance coverage is the obligation/option of the user and MTI doesn't accept any claims arising out of lack or insufficiency of insurance on the part of the User.
Insurance, if any provided as a part of the service/ product by MTI shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and MTI shall not provide any express or implied undertakings for acceptance of the claims by the insurance company

FORCE MAJURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, business exigencies, government decisions, operational and technical issues, route and flight cancellations, political unrest etc. The user agrees that MTI being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in MTI, services committed earlier may not be provided or may involve substantial modification. In such cases, MTI shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of MTI against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

MTI shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, political unrest or other similar causes, problems at airlines, rails, buses, hotels or transporters end.

Without prejudice to whatever is stated above, the maximum liability on part of MTI arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by MTI for its services.

MTI is not responsible for any errors, omissions or representations on any of its websites or on any links or on any of the linked website pages.

Hotel Booking
Hotel booking provided by MTI as part of its package tour or as a separate service, is arranged through different hotels. The user agrees that MTI being an agent for facilitating the booking of services shall not be responsible for any failure of the Hotel.
MTI provides booking to the hotels on as is where is basis. MTI does not guarantee the service standards or the Users likability of the same. In case of failure of the Hotelier to provide promised service, the User would hold the hotelier, and not MTI, responsible for such failure.
The User agrees to have read, understood and accepted specific terms of service of specific hotels including their policy, guideline etc. The User agrees to comply by such terms of service while using the service of a hotel. In case of failure of the User to comply hotel rules, if the hotel decides to penalize the user by any manner, the User would not have any right to hold MTI as a party to the issue.
In case of “no show” in a hotel, the full amount of the hotel booking will be charged and no refund is admissible.
In case of damage to the hotel property by the act or omission of the user, the User agrees to make good any losses of the hotel and the User absolves MTI from being a party in such cases.
Hotel here means all types of paid overnight accommodations such as Hotels, Motels, Resorts, guest houses, eco resorts, government accommodation, forest bungalows, home stays etc. including their additional infrastructure such as swimming pool, restaurants, gymnasium etc.

TRANSPORT SERVICE
The transport service provided by MTI as part of its package tour or as a separate service, is arranged through transporters. The user agrees that MTI being an agent for facilitating the booking services shall not be directly responsible for any failure of the transporter.
The User agrees that MTI may provide a vehicle upgraded instead of the vehicle booked. The User must go though the list of vehicles that constitute an upgrade over another vehicle. In case the User does not want any upgrade, the same must be informed to MTI in writing well in advance of availing the service.
MTI does not guarantee additional features in a vehicle such as music system, carrier on top, front facing seat in a saloon vehicle etc. In case of request by the User, MTI, at its sole and complete discretion, may arrange such facilities depending on availability.
 Depending on road condition, the transport vehicle would travel through a route that the driver finds most convenient. In case the User is interested to travel via a specific route, the user must inform the same to MTI in writing well in advance and agree to pay any additional charges that may be applicable.
In case of mechanical problem in the vehicle arising during a tour, the User agrees to give reasonable time to the driver to rectify the fault. In case the vehicle is unable to continue with the service due to such failure, MTI would organize alternative vehicle for continuation of the service from the nearest destination where MTI has arrangement with transporters. The User agrees that he would not hold MTI for any delay, harassment, inconvenience caused by such mechanical failure. In case the User decides to take locally available vehicle under such circumstances, MTI would not be liable to provide for such travel expense and the User would bear the cost directly.
In case the user directly or indirectly causes any damage to the vehicle, the user will be liable to rectify such damage.
In case of delay in traveling due to reasons beyond reasonable control of MTI, the User would not hold MTI responsible for inconvenience.
In case of transfers from one place to another, stoppages on the way would be at the sole discretion of the driver. The User agrees to non-consumption of any beverage containing alcohol while travelling, the User would not drive the vehicle or ask driver to hand over the vehicle key to him, the User would not ask the driver to drive vehicle or be at their disposal for more than 8 hours out of every 24 hours.
nature, villages, local community
The User agrees that during visit to natural resources such as rivers, forests, mountains etc. the User will practice utmost caution not to damage these natural resources or not to pollute them in any manner through the acts or omissions of the user.
In case of travelling to villages and local communities such as local inhabitants, aborigines etc. the User agrees to display respect for the people and their culture and follow local norms such as norms for visiting places of warship etc.
The User accepts to have read and understood the tenants of responsible tourism and agrees to abide by them. In case of failure of the user to do so, the local authorities, communities and MTI may take punitive action against the User.
Change in pre booked services
In case any change / alteration in the pre-booked service is requested by the User, it would be considered as a new service. The original service would stand as cancelled and cancellation / service charges would be levied on the cancelled tour as per cancellation policy. The amount payable for the new service is separate and MTI may not adjust this amount with any refund claim of the cancelled tour.
In case the User requests extension  of the original service such that there is no change in the original service, the tariff for the additional service would only be payable.
Such extension or alteration of the original service is subject to both MTI and the guests agreeing on the service and the tariff. In case of disagreement MTI commitment is limited to the service already booked and accepted by both MTI and the User.
Inability to confirm service
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, MTI will process the refund and intimate the User of the same. MTI is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User agrees that in situations due to any technical or other failure in MTI, services committed earlier may not be provided or may involve substantial modification. In such cases, MTI shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of MTI against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
MTI shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, political unrest or other similar causes, problems at airlines, rails, buses, hotels or transporters end.

FEEDBACK FROM CUSTOMER AND SOLICITATION:
The User is aware that MTI provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience.
The User hereby specifically authorizes MTI to contact the user with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. MTI also uses contact details of the user as reference to other visitors from similar locality. In case that the User chooses not to be contacted, he shall write to MTI for specific exclusion.
PROPRIETARY RIGHTS
MTI may provide the User with contents such as write-ups, sound, photographs, graphics, video or other material. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may not 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 MTI without the express written approval from MTI.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless MTI and/or its affiliates and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MTI and/or its affiliates 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.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and MTI cannot be held responsible for the same.
RIGHT TO REFUSE
MTI at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof.
 Any contract to provide any service by MTI is not complete until full money towards the service is received from the customer and accepted by MTI. The user agrees to pay all applicable charges to MTI before taking services from MTI. In case the total amount of money due for the service is not received by MTI, MTI may refuse to provide service to the user either fully or partially. MTI may also withdraw a service midway in case of such nonpayment.
For clarification of the user it may be stated that there is no provision for taking services on credit from MTI and all dues must be cleared before availing service. In cases where the money has been paid through channels such as Bank etc.; the Date and time of receipt of the money by MTI would be considered rather than the date and time of payment by the user. The user would not hold MTI responsible for any delay in transfer of money through the banking system or any other channel of payment.
Notwithstanding the foregoing, MTI reserves the right to recover due amount from the user through strict legal action as MTI deems necessary.
RIGHT TO CANCELLATION BY MTI
The User expressly undertakes to provide to MTI only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from MTI.
MODIFICATION OF THESE TERMS OF USE
MTI reserves the right to change the terms, conditions, and notices under which the MTI services are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
JURISDICTION
MTI hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. MTI considers itself and intends to be subject to the jurisdiction only of the courts of Siliguri SDC, India. All legal disputes must be within the jurisdiction of the said court.
RESPONSIBILITIES OF USER VIS-a-VIS THE AGREEMENT
The User expressly agrees that use of the services is at their sole risk. To the extent MTI acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall MTI be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. MTI may change the features or functionality of the services at any time, in their sole discretion, without notice. MTI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from MTI or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to take any service from MTI.
All cases of refund / settlement / Dispute / complain / Cancellation etc. shall be intimated to MTI in writing within a maximum period of 60 days from the date of service.  Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels, transporters and MTI as the case may be. No refund would be payable for any requests made after the expiry of 60 days. No dispute / complain will be taken cognizance of after 60 days from the date of service.

e-mail
Your e-mail address will be used by Alp exclusively and will not be passed on to any third party. You will receive mail for the specific purpose for which you provided your e-mail address. MTI occasionally uses this e-mail address to inform you about MTI latest offerings. You may stop receiving communications from us at any point as you please.

Children's Privacy
We take care to protect children's privacy, and abide by national and international laws and regulations on children's privacy.

Notice
This site is maintained by MTI, a travel organization based in Siliguri, India. Violations of terms of service may subject to civil / criminal prosecution in an Indian court. To ensure our site security and service to the users, we use software programs to monitor traffic and to identify attempts to cause damage by unauthorized attempts to upload or change information. In the event of any required legal process, information from these sources may be used to help identify an individual.

External Links
Some of the website pages may provide links to other Internet sites for the convenience of users. MTI is not responsible for the availability or content of these external sites, nor does MTI endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which MTI adheres.

Medical Information
MTI provides general medical advice about traveling to the region. It is not the intention of MTI to provide specific medical advice for an individual but rather to provide users with information to better understand their health and their diagnosed disorders. Before you travel to the region, we recommend you take specific medical advice from a certified medical practitioner.

Copyrights
Much of the information contained in the site is copyright protected. Such protected material may be used under the terms of `fair use` as defined in the copyright laws, which generally permits use for non-commercial educational purposes such as teaching, research, criticism, and news reporting and also for individual travel requirements. No commercial use of the information is permitted. The photographs used in the website are copyrighted and any use of the photographs for any purpose and form would lead to legal proceedings against the offender.


Tags: The legal aspect of the website, child policy, disclaimar, privacy policy and other such details
 

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