1. Scope of our Service - Information on the Site
- Through the Site, ResAvenue provides an online platform for hoteliers to update and sell their hotel rooms through their own internet booking engine provided by ResAvenue . The hotelier as well as the customers of said hotels using the ResAvenue Hotel Internet Booking engine understand that by making a booking through the Site, they are making contract to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site.
- When rendering our services, the information that we disclose about Hotels is based on the information provided to us by the Hoteliers (including but not necessarily limited to the Hotels, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Hotels or their representatives are given access to the ResAvenue Merchant Accounting System and /or Channel Manager or an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, hotel policies and other information which is displayed on the Site. We cannot verify and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or information or non-delivery of information. Each Hotel remains responsible at all times for the accuracy, completeness and correctness of the Hotel information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use reasonable efforts to assist you and serve as a point of contact with the Hotel. Please note that when a search result indicates that a particular Hotel has no more rooms available, that means the room type is not available for reservation through ResAvenue.
- On behalf of Hoteliers, the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) is reserved at hotelier's discretion and for whatever (legal) reason without the need to justify such refusal. In case a booking is rejected or cancelled by a Hotel using ResAvenue IBE and the payment has already been made, will be refunded for the total booking value. The right to bar ("blacklist") users from the Site is also reserved, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.
- In rare cases, we may also have to cancel or reject a booking due to "obvious errors", independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is in ResAvenue's sole discretion.
- Circumstances such as ongoing renovations, Hotel booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Hotel know any special requests or requirements you have at check-in.
2. Use of the Site:
- use the Site or its contents for any non-authorized commercial purpose;
- make any speculative, false, or fraudulent booking;
- access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
- violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
- re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
- "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
- deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
- engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization ("SEO") techniques considered to be against common search engine guidelines. SEO practices considered unethical, or "black hat" (aka "spamdexing") include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.; or
- do anything else which could cause damage to the Site, the ResAvenue group of companies and their employees, ResAvenue's reputation, or would otherwise have a negative impact.
- Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of ResAvenue
- By making a reservation on the Site, you represent and warrant that if and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
3. Charges by Hotels:
- Please note that all prices on the Site are for your Hotel room reservation only and are for the requested stay dates and for the number of people indicated, unless indicated otherwise. The Hotel room reservations rates are displayed per room and per night or as total price for length of stay as indicated. The tax and service charges may be either inclusive or exclusive as displayed on the Site based on each individual Hotel's policy. Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the rate is displayed on the Site (under the Hotel information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Breakfast is typically not included unless explicitly stated otherwise. Hotel resort and other mandatory fees (see below) and certain local city, tourist or occupancy taxes (when applicable) that are required to be collected directly from guests, are typically not included in the rate unless stated otherwise. Please verify the Hotel description or policies on the Site.
- Insurance of any kind is never included in the rates. The standard Hotel room reservations are for single or double occupancy, extra beds will usually incur extra charges. The Hotel may also refuse to accept additional persons if not duly informed in advance. Please note that certain Hotels may charge you a so-called additional but mandatory "resort fee" (or similar) for the use of certain of their services. This resort fee is typically not included in the price, but it will be mentioned in the Hotel description on the Site. The practice to add additional Hotel fees is outside ResAvenue's control and occurs in certain markets. Please check the "Hotel Information", "Booking Conditions", "Cancellation Policy" or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team.
5. Credit card - Payment :
- For pre-paid Hotel bookings with ResAvenue, your credit card will be charged by ResAvenue for the full price (sometimes without any option for refund depending on the Hotel's booking conditions, see below) upon reservation and confirmation of the booking or, in case of a "Book Now Pay Later"booking, at the future point in time communicated in the confirmation email. When using "Book Now, Pay Later", please ensure that the credit card is valid and has sufficient credit on the future payment date. If the credit card cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. ResAvenue will process refunds, if and when applicable, within a reasonable timeframe. For certain Hotels, we will not charge your credit card, as you will pay the Hotel directly for your stay (post-paid). However, in such cases some Hotels may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Hotels may require credit card details in order to guarantee your reservation. As such, we will send your credit card information directly to the Hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services.
- In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via ResAvenue, please contact our Customer Service team immediately.
- In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
- You undertake that the details you provide us with in making a booking are fully correct. ResAvenue reserves the right not to accept certain credit cards. ResAvenue may add or remove other payment methods at its discretion.
- We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. A small verification charge or pre-authorization may also be made to your card when using "Book Now Pay Later". The balance will be charged after confirmation or, in case of "Book Now Pay Later", on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that a Hotel could become fully booked during the fraud check, in which case the reservation will no longer be available. ResAvenue can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.
6. Booking conditions - Refunds, Cancellations, Amendments, No-Shows, Early Departure and Late Check-Out:
- By making a reservation on our Site, you accept and agree to the relevant Hotel booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Hotel (the delivery terms and conditions of a Hotel can be obtained with the relevant Hotel). The general cancellation and no-show policy of each Hotel is made available on the Site at the Hotel information pages or under "Booking Conditions", "Cancellation Policies" or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Hotel's cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Hotel carefully prior to making your reservation. If you fail to check in to your Hotel on time on the day of your reservation and do not alert the Hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Hotel. As per the Hotel's cancellation policy, ResAvenue reserves the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Hotel details thoroughly for any such conditions prior to making your reservation. Some Hotels will charge extra for early or late check-outs.
- Cancellation and refund policy depends on the policy of the applicable Hotel, a reservation that has been cancelled or amended will be refunded as per the policy of the hotel after deducting any and all applicable cancellation/amendment charges as per policy displayed at the time of the booking.
7. Intellectual Property Rights - Trademark Notice:
- The mark "ResAvenue", as well as certain local language transliterations thereof is a registered trademark of or licensed to ResAvenue and/or its affiliated companies in countries worldwide, . Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of ResAvenue, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. ResAvenue owns the copyright to the Site. You may not use the ResAvenue intellectual property without our consent.
- Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by ResAvenue, its affiliated or associated companies, licensors, suppliers (including the Hotels) or providers. ResAvenue does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
- You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
- We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
- Claims of Copyright Infringement: If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the "complainant") may send us a written notice that includes the following information:
- the name and address of the complainant;
- where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
- the complainant's address for service of Notice.;
- a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
- sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
- sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
- a statement that the complainant requires us to remove or disable access to the electronic copy;
- a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
- a statement that the information in the notice is accurate;
- a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
- a statement that the complainant submits to the jurisdiction of the courts in Mumbai- India for the purposes of proceedings under relevant provisions of applicable laws.
- The notice must be signed by the complainant and sent to us by registered mail.
- We will review and address all notices that comply with the requirements above in accordance with applicable law.
- We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
8. Disclaimer of Warranties:
- ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. RESAVENUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RESAVENUE DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. RESAVENUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. RESAVENUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
- RESAVENUE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
9. General Limitation of Liability:
- TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RESAVENUE, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE HOTEL, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE HOTEL AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE HOTEL (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is any event beyond the Covered Parties control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Hotel's breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Hotel (including any liability in tort), as to any products and/or services available through the Site. ResAvenue does not guarantee continuous access without interruption to the Site.
- ResAvenue does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Hotels, or any room in such Hotels. The Hotels are liable and responsible for providing accommodation and welcome people who have booked through ResAvenue as their guests.
- You agree to indemnify and hold harmless ResAvenue from and against any liability, damage or loss including legal fees and expenses that ResAvenue incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each ResAvenue harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.
- You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. ResAvenue cannot be held liable for legal or regulatory reasons.
11. About ResAvenue:
- All of our services are rendered by
1)AVENUES (INDIA) PVT. LTD., a company incorporated under the provisions of the Companies Act, 1956 and having its registered and Corporate office at Plaza Asiad, Second Floor, Station Road, Santa Cruz(West), Mumbai 400054. AVENUES (INDIA) PVT. LTD., has its group company in Dubai UAE named AVENUES WORLD FZ LLC, a company incorporated under the provisions of the Dubai Technology and Media Free Zone, Private companies Regulations 2003 and having registration number 92485 and having its registered office and corporate office at 313, 3rd Floor, Building # 10, Dubai Internet City, Shaikh Zayed Road, Dubai, UAE.
- ResAvenue and its related companies have various subsidiaries, branches and offices throughout the world. The subsidiaries, branches and offices only provide an internal supporting role to and for the benefit of ResAvenue. These subsidiaries, branches and offices (as well as any other affiliated companies) do not have any power or authority to render the service, to represent ResAvenue or to enter into any contract in the name of, for or on behalf of ResAvenue.