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user agreement
Untitled Document

By using our website (“Website”) and online Booking Engine you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our website and the Booking Engine . If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Website or Booking Engine.

1. OWNERSHIP
 
The Content and other matters related to our Website are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our Website, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website does not constitute a waiver of any such rights. The Other product and company names contained on the Website may be trademarks or service marks of their respective owners. Paulotravels reserves all right, title and interest in and to its copyright and trademark rights.

2. REGISTRATION
 
Use of this site may require you to register and provide certain data. In consideration of the Paulotravels permitting you to use the site, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms on the site (the "Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Paulotravels has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paulotravels reserves its right to suspend or terminate your account and refuse any and all current or future access to and use of this site. Upon registering, you will receive a password and user ID. The client must submit a valid email address on the Reservation Form. All care must be taken by the client to ensure that the information provided in the Reservation Form is correct. It is the client's responsibility to advise Paulotravels if there was an error in the email address submitted in the Reservation Form or any other correspondence.  Paulotravels takes no responsibility for any incorrect information submitted.

3. PRIVACY POLICY
 
You have read Paulotravels Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. We reserve the right, and you authorize us and our partners, to use and assign all information provided by you in any manner consistent with our Privacy Policy. Please click here ( insert link ) to review the complete Paulotravels Privacy Policy.

4. ONLINE BOOKINGS & PURCHASES
(4.1)
Over-lapping bookings :-
You agree that multiple over-lapping bookings for the same traveler/s and or Travel Agents are not allowed and may result in damage and loss to the Paulotravels, which you will bear in full.

(4.2)
Specific terms and conditions for services :-
Certain services have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. It is important for you to obtain and read the terms and conditions applicable to these certain services as they may contain exclusions of limitations of liability and other terms and conditions, including restrictions on amendment or cancellation. Some of these terms and conditions for specific products and services shall include terms and conditions found on your screens and when using any part of this site.

5. PRICES
(5.1)
Unless otherwise expressly stated, all prices on this site shall be exclusive of all taxes (including goods and services tax and value added tax (VAT)), levies, fees, and all other charges together with any fine, penalty or interest payable because of your default. You must pay any amount you are required to pay under this clause in full on demand.

(5.2)
All prices displayed for the service are subject to change and availability by their respective providers and/or Hoteliers , and such prices are not final until full payment for the product and service concerned is made. A booking fee may be payable on some bookings. Routing restrictions and other special conditions may apply. Any taxes that are excluded from the published rates are payable to the hotel directly.

6. TERMS OF SERVICES
 
You hereby agree and confirm that you have read the following terms of service with respect to accommodation and inventories:-

(6.1)
Paulotravels offers accommodation from inventory managed by the featured hotels. Whilst every effort is made to ensure your requested room type is available, we cannot guarantee the actual bedding configuration of the room. These requests are forwarded to the hotel and are subject to availability on the day of check-in. All additional requests and room preferences (smoking room, etc) are also subject to availability and cannot be guaranteed by "%affiliate websitename%".

(6.2)
Paulotravels makes its best efforts to ensure that all the information that appears on its website is accurate. However, Paulotravels does not accept liability for any errors and/or omissions and reserves the right to change the information published at any time and without notice.

(6.3)
Paulotravels sells hotel accommodation from an inventory supplied by each hotel, and does not over-sell that inventory. Paulotravels do not accept any liability for unavailability of rooms caused by the hotel over-selling the hotel's own room inventory.

(6.4)
In the case of any problem or complaint, it is imperative that you inform Paulotravels at the earliest opportunity in order that we have a chance to rectify the situation as quickly and efficiently as possible. Any complaint, which cannot be resolved locally, must be notified in writing to Paulotravels within 3 (THREE) days of the end of the service provided. A copy of the complaint must be also be submitted to and signed by the hotel manager. If a client fails to follow this procedure this may hinder the ability of Paulotravels to rectify the complaint and reduce or extinguish any claim the client may have.

(6.5)
Paulotravels cannot accept responsibility for hotel facilities, which are temporarily not available, are under renovation or not suited to individual tastes and preferences. Redecoration and maintenance is necessary to the upkeep of the hotel and may take place without prior warning, whilst the hotelier will endeavor to keep inconvenience to a minimum. The effects of normal wear and tear can be expected in a hotel and these are beyond our control. Paulotravels cannot accept responsibility for any disturbance or inconvenience to the client beyond their control nor for accidents in a hotel or loss caused by hotel management or staff.

7. DISCLAIMER
 
TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE STATUTORY WARRANTIES BELOW, Paulotravels MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THIS SITE, PRODUCTS OR SERVICES ON THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS ONLY. Paulotravels DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND, SUBJECT TO THE STATUTORY WARRANTIES BELOW, EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE TERRITORIES. THE Paulotravels DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE Paulotravels ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME TERRITORIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO TO THAT EXTENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN PARTICULAR, IN TERRITORIES WHERE IT IS PROHIBITED, THIS DISCLAIMER SHALL NOT IN ANY WAY EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM TERRITORY TO TERRITORY. Paulotravels MAKES ITS BEST EFFORTS TO ENSURE THAT ALL THE INFORMATION THAT APPEARS ON ITS WEBSITE or Booking Engine IS ACCURATE. HOWEVER, HOTELSAVENUE DOES NOT ACCEPT LIABILITY FOR ANY ERRORS AND/OR OMISSIONS AND RESERVES THE RIGHT TO CHANGE THE INFORMATION PUBLISHED AT ANY TIME AND WITHOUT NOTICE.

8. LIMITATION OF LIABILITY
 
TO THE FULL EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 7

(a)
THE Paulotravels ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

(b)
IN NO EVENT SHALL THE Paulotravels BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE Paulotravels EVEN IF THE Paulotravels HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

(c)
Statutory Warranties. Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to any such statutory provisions. If such statutory provisions apply, to the extent to which the Paulotravels are entitled to do so, the liability of each will be limited at their option to in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.

9. INDEMNIFICATION
 
You agree to indemnify, defend and hold us and our partners,’ officers, directors, employees, agents, ,our affiliates, and any of our successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition under this User Agreement, representation, warranty or covenant the Privacy Policy contained herein or otherwise resulting from your use of our Website or Booking Engine.

10. RELATIONSHIP
 
The relationship between Paulotravels and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.

11. GOVERNING LAW & JURISDICTION
 
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of three (3) arbitrators. The language of the arbitration shall be English and the venue of the arbitration shall be at Mumbai, India. The award of the arbitrators shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.

12. INJUNCTIVE RELIEF
 
You acknowledge that a violation or attempted violation of any of the Terms and Conditions will cause such damage to the Paulotravels as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Paulotravels shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Paulotravels in obtaining such an injunction, including, without limitation, all legal fees and expenses.

13. TERMINATION
 
Paulotravels may terminate the Terms and Conditions and/or the provision of any of the products and services at any time for any reason, including any improper use of this site or your failure to comply with the Terms and Conditions. Such termination shall not affect any right to relief to which the Paulotravels may be entitled, at law or in equity. Upon termination of the Terms and Conditions, all rights granted to you will terminate and revert to the Paulotravels and its third party providers or distributors, as applicable.

14. NO UNLAWFUL OR PROHIBITED USE
 
As a condition of your use of our Website and Booking Engine, you agree that you will not use our Website and Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you posses the legal authority to enter into this User Agreement and to use our and Booking Engine in accordance with the terms and conditions of this User Agreement. You may only use our Website and Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.

15. ASSIGNMENT
 
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

16. MODIFICATION
 
Paulotravels may at any time modify any part of the site, including services and the Terms and Conditions at its sole discretion without prior notice and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. Paulotravels also reserves the right to deny any person access and use of the site at any time.

17. ADDITIONAL TERMS
 
Additional terms and conditions may apply to reservations, purchases of services and other uses of portions of this site, and you agree to abide by such other terms and conditions, including additional terms and conditions that apply in relation to specific products and services.

18. SEVERABILITY
 
The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.

19. HEADINGS
 
The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

20. ENTIRE AGREEMENT
 
The Terms and Conditions, incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.


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