Welcome to www.HolidayCooker.com!
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
TERMS & CONDITIONS
This page sets forth the terms and conditions under which HolidayCooker provides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you shall be presumed to have agreed to the terms and conditions we have outlined below. If you do not accept these terms and conditions, do not continue to use or access this site. These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with HolidayCooker for products, services or otherwise.
If you utilize HolidayCooker in a manner inconsistent with these Terms and Conditions, HolidayCooker may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF SITE
HolidayCooker grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate transactions and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent enquiry. You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this site. You agree that you shall not take any action that imposes a burden or load on our infrastructure that HolidayCooker deems, in its sole discretion, to be unreasonable or disproportionate to the benefits HolidayCooker obtains from your use of the site. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offence or attempt to commit a criminal offence, or give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, worm or other harmful item or programme, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
HolidayCooker may, at its sole discretion but without any obligation to, remove tour packages, reviews and/or any other content on its website without assigning any reason and/or without notice. HolidayCooker has the sole authority to choose the manner in which any Tour will be searched, displayed, accessed, downloaded, copied, and otherwise used on HolidayCooker and HolidayCooker shall have the right to modify the tour listing in the exercise of its rights under this Agreement.
You hereby expressly agree not to:
(a) Access data not intended for you or log into server or account that you are not authorized to access;
(b) Attempt to probe, scan or test the vulnerability of a system or network;
(c) Attempt or breach security or authentication measures without proper authorization;
(d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to HolidayCooker, overloading, flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in HolidayCooker except as permitted;
(f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
(g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from HolidayCooker or link to HolidayCooker, without our express written consent.
(h) The user shall not utilise the services offered by HolidayCooker in any manner so as to impair the interests and functioning of HolidayCooker. The user undertakes not to duplicate, download, publish, modify and distribute material on HolidayCooker unless specifically authorised by HolidayCooker in this regard. The user undertakes not to establish any deep link or other connection to any specific page of HolidayCooker other than the Home Page without obtaining prior consent of HolidayCooker. HolidayCooker strictly forbids frame wrapping, copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
(i) Users undertake that the services offered by HolidayCooker shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. HolidayCooker reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by HolidayCooker to relay emails. All attempts shall be made by HolidayCooker and the user to abide by International Best Practices in containing and eliminating Spam.
Violations of system or network security may result in civil or criminal liability.
AGE & RESPONSIBILITY
If you use this site, you alone are responsible for maintaining the confidentiality of your account information and your password/s. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract, and use this to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
ACCURACY OF INFORMATION
HolidayCooker does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will HolidayCooker be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information or in connection with the use or inability to use HolidayCooker or any content provided by or through this site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if HolidayCooker has been advised of the possibility of such damages. The information on this Website may be changed or updated without notice. HolidayCooker may also make improvements and/or changes in the products, services and/or programs described on this site at any time without notice.
Though we try to respond to customer queries within 48 hours, we do not guarantee the same. There may be a delay in response and HolidayCooker is not liable to provide any explanations for the same. We will also not be liable for any loss or damages arising out of the delay in response.
Information concerning HolidayCooker or any of its subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of HolidayCooker and is confidential except for the necessary disclosures required by law.
HolidayCooker, and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of HolidayCooker, and/or its third party providers and distributors. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of HolidayCooker. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.
ENFORCIBILITY OF THESE PROVISIONS
Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in manner so as to remain consistent with the original intent of HolidayCooker. Provisions not otherwise held invalid shall remain in force.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, malicious codes and other items of a destructive nature. IN NO EVENT WILL HolidayCooker BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED OR INTERFACED WEBSITE OR DUE TO ACCESSING DATA RESIDING ON THIRD PARTY SERVERS NOT BELONGING TO HolidayCooker.
LINKS TO THIRD PARTY WEB SITES
HolidayCooker may provide links to other third-party World Wide Web sites or resources. HolidayCooker makes no representations whatsoever about any other Web site you may access through this Website (www.HolidayCooker.com).
PRODUCTS & SERVICES
Please note that none of the information contained in this Website should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what services HolidayCooker generally offers. The products and service statements on this Website are for general description purposes only.
HolidayCooker is a travel and holiday organizer. We do not control or operate any airline, neither do we control or own any shipping company hotel or transport or any other facility or service mentioned on the site. We take care in selecting all the principles however, but because we select them – we have no control on running them, we cannot be held responsible for any lack of service by any independent agency airline, transport, hotel or any other service provider.
Before booking a tour package using the search functionality, the traveller or any other buyer should confirm the inclusions, exclusions and terms and conditions with HolidayCooker.
A hotel or package listing does not guarantee availability of the property. The prices mentioned on the site are only indicative. They may vary/change with days (weekend/weekdays), long weekends, national holidays and seasons (peak, mid, low) without any intimation. Due to sufficient volume of listings/hotels/packages on the website, we do not guarantee that all the prices will be up-to-date at all times. Please check the latest prices and availability by writing a mail to email@example.com or contacting us through the website. In case the mentioned hotel/resort/service is not available, an equivalent hotel/resort/service will be arranged for and the traveller will have to pay the difference in price if the new arrangement costs more than the previous one. If the new arrangement costs less, the balance, if any, will be refunded.
The star rating of the hotels will be based on the perceived value where the star rating is not officially available. Such ratings should be treated as directional rather than factual. Travellers are requested to check the service standards of such hotels before booking the package. The same applies to the room type. The room type will be based on the perceived value rather than the actual room type as described by the hotel. Users are requested to verify the actual room type themselves. The images are for illustration of the place and are not related to the day wise itinerary. HolidayCooker does not guarantee the ‘availability’ of the same sight at the destination. Our heartfelt thanks to the respective property owners for the images.
The ratings of the packages on the website are only indicative and do not indicate the star rating of the property. Though the properties listed on the website are chosen with care, users are requested to use their own discretion before taking a final decision.
HolidayCooker will also, in any way, not be responsible for any loss of business due to disruption in services caused by failure/stoppage of email deliveries.
HolidayCooker may conduct various contests from time to time. Prizes offered by HolidayCooker to the winners can be changed anytime without prior notice even if there has been a mention of the prize before the beginning of the contest. The contests will be open to everyone but currently the prizes will be delivered within India only. Any foreign national winning the contest will not be eligible for any prizes, although the individual shall be declared as the winner.
HolidayCooker shall offer prizes which may involve sharing of personal information such as address, images/photos/pictures, contact number etc. Though HolidayCooker will not intentionally disclose any such information to the general public or sell such information for monetary purposes, HolidayCooker will not be responsible for pilferage of such information in any way.
HolidayCooker may announce the results through, www.facebook.com, www.twitter.com and its blog. It does not assume any liability for its inability to communicate the declaration of results due to the unavailability of any or all of these services or otherwise.
HEALTH AND INSURANCE
It is advisable that the passenger acquires adequate insurance cover to secure their life health and property. Your health and good life is of utmost importance to us.
The information provided on this site is distributed with the understanding that HolidayCooker is not providing professional advice of any type.
DISCLAIMER AND WARRANTIES
HolidayCooker specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability or fitness for a particular purpose. HolidayCooker shall not be liable for any damages resulting from the use or misuse of this site or the information on this site. No oral or written information provided by HolidayCooker or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. HolidayCooker does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any tour package offers received by them.
No information contained herein shall constitute an invitation or an offer to invest in HolidayCooker or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and HolidayCooker makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and HolidayCooker makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
HolidayCooker offers products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. HolidayCooker does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that HolidayCooker intends to announce, launch or provide such products, programs or services in your country.
All online payments that happen for any of the products booked via www.holidaycooker.com site are secure. HolidayCooker does not store the credit card details of any customer in their database or in any data backup system or retrieval systems. HolidayCooker shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards / pre-paid cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise. Once you are ready to transact you are transferred to the bank site. The card details are captured on the credit card site and not ours hence we cannot be held responsible for any misuse of credit card what so ever.
In case you are making the payment through the demand draft or cheque – the same needs to be drawn in the name of “Holiday Cooker”.
CANCELLATION & REFUND
Please seek to know the cancellation and refund policy, preferably in written, with the respective travel agent / tour operator / hotel / resort / airline / cruise while making a tour booking as it may vary from seller to seller. HolidayCooker reserves the right to determine the amount of refund value in case of conflict between the traveller and the tour operator. The decision on the quantum of refund will be final as that made by HolidayCooker.
REFUND IN FAILED TRANSACTIONS
Though HolidayCooker payment team works on a regular basis, HolidayCooker offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Nevertheless, our customers are our core and we would try to resolve such cases as soon as possible.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and HolidayCooker governs your use of HolidayCooker. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
The failure of HolidayCooker to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
All legal disputes will be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, arising under this Agreement, such dispute shall be settled through good faith negotiation among the parties. In case such dispute can not be resolved by negotiation within 30 days such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be New Delhi, India. The decision of the arbitral tribunal shall be final and binding upon the parties. In case of the dispute requiring intervention of courts, courts in New Delhi alone shall have exclusive jurisdiction.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to HolidayCooker 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 HolidayCooker shall be entitled as a matter of right to an 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 HolidayCooker in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
LIMITATION OF LIABILITY
HolidayCooker will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
HolidayCooker assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer’s data/information. HolidayCooker shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.