User Agreement
This User Agreement, inclusive of the Terms of Service (collectively referred to as the “User Agreement”), constitutes the terms and conditions governing the utilization of services and products offered by Mahakal Tours and Travel, doing business as mahakaltoursandtravel.com (referred to herein as “Mahakal Tours and Travel”).
Any individual (“User”) who inquires about or purchases any products or services through our websites, salespersons, or offices, agrees to be bound by this User Agreement.
Both the User and Mahakal Tours and Travel are individually referred to as a “Party” and collectively referred to as the “Parties” to the User Agreement.
The “Terms of Service,” accessible on our website https://www.mahakaltoursandtravel.com/, delineate the terms and conditions applicable to various services or products facilitated by us. Users are required to refer to the relevant Terms of Service applicable to the specific product or service they are utilizing. Such Terms of Service are binding on the User.
By clicking on the website https://www.mahakaltoursandtravel.com/terms-and-conditions, YOU (“MEMBER” OR “YOU” OR “YOUR”) SIGNIFY THAT YOU AGREE WITH THESE TERMS OF SERVICE. The User must be at least 18 years of age and possess the legal authority to enter into an agreement to become a User and utilize the services of Mahakal Tours and Travel. Minors or individuals below the age of 18 years are prohibited from registering as Users on the Website and from transacting or using the Website.
In the event a minor wishes to use or transact on the Website, such use or transaction shall be conducted only by a person of legal contracting age (i.e., legal guardian or parents). Mahakal Tours and Travel reserves the right to terminate the membership and/or block access to the Website if it is discovered that a User is a minor or lacks the capacity to contract under the law, or if any information regarding age provided at the time of account creation is false.
Prior to using the Website, engaging with any Sales Channels, or availing the services of Mahakal Tours and Travel, Users must thoroughly read and comprehend this User Agreement, and by doing so, they shall be deemed to have accepted this User Agreement as a binding document governing their interactions and transactions with Mahakal Tours and Travel. Should the User disagree with any part of this Agreement, they must refrain from availing the services of Mahakal Tours and Travel and must not access or engage with the Sales Channels.
All rights and liabilities of the User and Mahakal Tours and Travel pertaining to any services or products facilitated by Mahakal Tours and Travel shall be confined to the scope of this User Agreement.
Unless explicitly acting as a reseller in specific scenarios, Mahakal Tours and Travel always functions as a facilitator by connecting the User with respective service providers such as airlines, hotels, restaurants, bus operators, etc. (collectively referred to as “Service Providers”). Mahakal Tours and Travel’s liability is limited to providing the User with a confirmed booking as selected by the User.
The liability of Mahakal Tours and Travel is restricted solely to making reservations in accordance with the tourist requirements and no further. The Company is not liable for any loss of person or property incurred, damaged, or suffered by the tourist on account of deficiencies in services by any independent contractor/Service provider. Any courtesy extended by the company to the tourist to minimize such loss or damage shall not constitute an admission of liability or a waiver. Mahakal Tours and Travel shall, under no circumstances whatsoever, be liable to the tourist or any other person for any loss or expenses incurred due to:
- Theft or any other reason whatsoever during the Yatra, with the entire responsibility for safeguarding valuables lying with the tourist.
- Train or flight delays, rescheduling or cancellation of train/ flights/inter-connection meals, or any other reason causing delays.
- Any overstay expenses due to delays or changes in air, bus, ship, train, or cancellation of special bogies due to force majeure, including weather conditions, strikes, wars, quarantines, or any other reason.
- Personal injury, sickness, accident, loss, delay, discomfort, consequential loss and/or damage, or any damage to baggage or personal effects howsoever caused.
- Death of the tourist while on Yatra, with all applicable rules and procedures of law to be strictly followed, and all procedures pertaining to the death to be handled by the tourist or their relatives themselves at their own cost and consequences.
- Any injury, loss, personal harm, death, or damage caused to any person or property by the act or default of the management, employees, or agents of any independent contractor.
- Any damages, additional expenses, or consequential losses suffered by the tourist due to cancellation, amendment, or alterations of any of the tour services mentioned in the itinerary or brochure by the company after registration or booking by the tourist.
- Any missed sightseeing or curtailed programs due to force majeure or any unavoidable circumstances beyond the company’s control.
Any issues or concerns faced by the User at the time of availing any services shall be the sole responsibility of the Service Provider. Mahakal Tours and Travel will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence on the part of any Service Provider.
Unless explicitly committed by Mahakal Tours and Travel as part of any product or service:
- Mahakal Tours and Travel assumes no liability for the standard of services provided by the respective Service Providers.
- Mahakal Tours and Travel provides no guarantee regarding the quality or fitness of services as represented.
- Mahakal Tours and Travel doesn’t guarantee the availability of any services as listed by a Service Provider.
By making a booking, the User understands that Mahakal Tours and Travel merely provides a platform for booking services and products, with the ultimate liability resting on the respective Service Provider and not Mahakal Tours and Travel. Thus, the ultimate contract of service is between the User and the Service Provider.
User further understands that the information displayed on the Website regarding any service is provided by the Service Provider. Mahakal Tours and Travel cannot be held liable if the information provided by the Service Provider is inaccurate, inadequate, or obsolete, or in contravention of any laws, rules, regulations, or directions in force.
Users are advised to carefully review the description of services and products before making a booking. Users agree to be bound by all conditions contained in the booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in conjunction with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the User’s responsibility to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through Mahakal Tours and Travel. The User further undertakes to comply with all applicable laws, regulations, orders, directions, etc., issued by either the Central Government, State Government, District Authorities, or any other statutory body empowered to do so regarding the use of services or for each transaction.
The services are provided on an “as is” and “as available” basis. Mahakal Tours and Travel may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. Mahakal Tours and Travel expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for all purposes. No advice or information obtained from Mahakal Tours and Travel or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes Mahakal Tours and Travel’s representative to contact such User via phone, message, and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
There can be exceptional circumstances where Mahakal Tours and Travel and/or the Service Providers may be unable to honor the confirmed bookings due to various reasons such as act of God, labor unrest, insolvency, pandemics, epidemics, government decisions, terrorist activities, operational and technical issues, route and flight cancellations, etc., or any other reason beyond the control of Mahakal Tours and Travel. If Mahakal Tours and Travel has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternatives to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by the respective service operators. The User agrees that Mahakal Tours and Travel, 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.
In no event shall Mahakal Tours and Travel be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
Mahakal Tours and Travel, at its sole discretion, reserves the right to not accept any booking without assigning any reason thereof.
Mahakal Tours and Travel will not provide any service or share confirmed booking details until the complete consideration is received from the User.
In addition to other remedies and recourse available to Mahakal Tours and Travel under this User Agreement or applicable law, Mahakal Tours and Travel may limit the User’s activity, warn other users of the User’s actions, immediately suspend or terminate the User’s registration, or refuse to provide the User with access to the Website if:
- The User is in breach of this User Agreement.
- Mahakal Tours and Travel is unable to verify or authenticate any information provided by the User.
- Mahakal Tours and Travel believes that the User’s actions may infringe on any third-party rights, breach any applicable law, or otherwise result in liability for the User, other users of Mahakal Tours and Travel, or itself.
User agrees that the end service provider may refuse to provide the service(s) agreed to be provided to the User, for any booking made through Mahakal Tours and Travel, with or without assigning any reasons, including but not limited to behavioral issues, public safety concerns, health hazards, infectious diseases, government orders/notifications, etc. In such scenarios of refusal, the liability shall solely vest with the end service provider as it is outside the purview of Mahakal Tours and Travel, and the User agrees that any claim, refund, or damages against such refusal shall lie solely against the end service provider and not Mahakal Tours and Travel.
The User expressly undertakes to provide Mahakal Tours and Travel with correct and valid information while using the Website under this User Agreement and not to make any misrepresentation of facts. Any default on the part of the User would disentitle the User from availing services from Mahakal Tours and Travel.
In the event Mahakal Tours and Travel discovers or has reasons to believe, at any time during or after receiving a request for services from the User, that the request for services is either unauthorized or the information provided by the User or any of the travelers is incorrect, or that any fact has been misrepresented by the User, Mahakal Tours and Travel shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Mahakal Tours and Travel shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, or government authority approaches Mahakal Tours and Travel to cancel any booking, Mahakal Tours and Travel will cancel the same without approaching the concerned User whose booking has been canceled.
The User shall not hold Mahakal Tours and Travel responsible for any loss or damage arising out of measures taken by Mahakal Tours and Travel for safeguarding its own interest and that of its genuine customers. This includes Mahakal Tours and Travel denying or canceling any bookings on account of suspected fraudulent transactions.
The User agrees to indemnify, defend, and hold harmless Mahakal Tours and Travel, its affiliates, and their respective officers, directors, lawful successors, and assigns 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 such indemnified persons, arising out of, resulting from, or payable by virtue of any breach of any representation or warranty provided by the User or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country-specific rules and regulations or general code of conduct, and Mahakal Tours and Travel cannot be held responsible for the same.
Refund & Cancellation Policy
We refund 100% if you call to cancel the Yatra 30 days before the start date.
We refund 50% if you call to cancel the Yatra 15 days before the start date.
No refund will be processed if you cancel the Yatra when you are left with 7 days for the Yatra.
Please contact support@mahakaltoursandtravel.com for refunds.
Miscellaneous
SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
JURISDICTION: This Agreement is subject to interpretation according to the laws of India, and the Parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Dehradun.
AMENDMENT TO THE USER AGREEMENT: Mahakal Tours and Travel reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
CONFIDENTIALITY: Any information specifically mentioned by Mahakal Tours and Travel as confidential shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of this User Agreement and the obligations of both Parties herein.
FEEDBACK FROM CUSTOMER: Mahakal Tours and Travel would like to receive feedback from Users to improve its services. The User hereby authorizes Mahakal Tours and Travel to contact the User for their feedback on various services offered. Such feedback may be collected through emails, telephone calls, SMS, or any other medium. In case the User chooses not to be contacted, such User shall write to Mahakal Tours and Travel for specific exclusion.
PRIVACY POLICY: User shall also refer to Mahakal Tours and Travel’s Privacy Policy available on Mahakal Tours and Travel’s website, which governs the use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Mahakal Tours and Travel and its affiliates in accordance with the terms of the Privacy Policy.
GRIEVANCE REDRESSAL: Mahakal Tours and Travel strongly believes in resolving issues raised by Users. If a User feels that their concern has not been resolved satisfactorily, they may contact our grievance officer, who shall endeavour to redress the concern within 30 days from the date of escalation. Users are advised to escalate to the grievance officer only when they have already raised their complaint, which has not been resolved to their satisfaction, or their concern has not been resolved within 30 days from the date of ticket generation.
Name: Manish Kumar
Email ID: manish@mahakaltoursandtravel.com
Contact Number: +91-962-572-4899
Working hours: Mon to Fri (9:00 to 18:00)