1- ACCEPTANCE OF TERMS
swisstours.com Website ("Website") is an internet based travel portal owned and operated by Airline Marketing Services India Private Limited a company incorporated under the laws of India, and owned by Swiss International Air Lines in India with its registered office at Urmi Estate, 10th Floor, 95, Ganpatrao Kadam Marg, Lower Parel West, Mumbai-400013
Through the Website, swisstours.com shall provide you ("User") travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service, as set out in Annex 1; This Service may be availed by the User, his family members and friends at any time during the year through vendors ("Service Providers").
This User Agreement ("Agreement") sets out the terms and conditions on which swisstours.com shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by swisstours.com from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). 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 elects to deal, including terms and conditions set forth in a Service Providers' fare rules or contract of carriage. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
swisstours.com at its sole Discretion Reserves The Right Not To Accept Any Order Placed By The User Through The Website Without Assigning any Reason Thereof. Nay Contract To Provide Any Service By swisstours.com is Not Complete Until Full Money Towards The Service Is Received From The User and Accepted by swisstours.com
2- MODIFICATION OF TERMS
swisstours.com reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
4- LIMITED USER
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, 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 Website. Limited reproduction and copying of the content of the Website
is permitted provided that the Swisstours.com's name is stated as the source.
For the removal of doubt, it is clarified that unlimited or wholesale reproduction,
copying of the content for commercial or non-commercial purposes and unwarranted
modification of data and information within the content of the Website is not permitted.
5- DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Swisstours.com has endeavored to ensure that all the information on the website
is correct, but swisstours.com neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data or information contained.
Swisstours.com makes no warranty, express or implied, concerning the website
and/or its contents and disclaims all warranties of fitness for a particular purpose
and warranties of merchantability in respect of services, including any liability,
responsibility or any other claim, whatsoever, in respect of any loss, whether direct
or consequential, to any user or any other person, arising out of or from the use
of the information contained in the website.
Since swisstours.com acts only as a booking agent, it shall not have any liability
whatsoever for any aspect of the arrangements between the service provider and the
user as regards the standards of services provided by the service providers. In
no circumstances shall swisstours.com be liable for the services provided
by the service provider.
Although swisstours.com makes reasonable commercial efforts to ensure that
the description and content in the tos and on each page of the website is correct,
it does not, however, take responsibility for changes that occurred due to human
or data entry errors or for any loss or damages suffered by any user due to any
information contained herein. Also, swisstours.com is not the service provider
and cannot therefore control or prevent changes in the published descriptions which
are based upon information provided by the service providers.
Swisstours.com does not endorse any advertiser on its website in any manner.
The users are requested to verify the accuracy of all information on their own before
undertaking any reliance on such information.
Swisstours.com does not, by offering travel related services to particular
destinations, represent or warrant that travel to such destinations is without risk,
and shall not be liable for damages or losses that may result from travel to such
In no event shall swisstours.com be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the services; (b) the cost of procurement of
substitute goods and services or resulting from any goods, information or services
purchased or obtained or messages received or transactions entered into through
the services; (c) unauthorized access to or alteration of the user's transmissions
or data; (d) any other matter relating to the services; including, without limitation,
damages for loss of use, data or profits, arising out of or in any way connected
with the use or performance of the website. Neither shall swisstours.com be
responsible for the delay or inability to use the website or related services, the
provision of or failure to provide services, or for any information, software, products,
services and related graphics obtained through the website, or otherwise arising
out of the use of the website, whether based on contract, tort, negligence, strict
liability or otherwise. Further, swisstours.com shall not be held responsible
for non-availability of the website during periodic maintenance operations or any
unplanned suspension of access to the website that may occur due to technical reasons
or for any reason beyond swisstours.com control. The user understands and
agrees that any material and/or data downloaded or otherwise obtained through the
website is done entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data that results
from the download of such material and/or data. These limitations, disclaimer of
warranties and exclusions apply without regard to whether the damages arise from
(a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other
cause of action, to the extent such exclusion and limitations are not prohibited
by applicable law. The maximum liability on part of swisstours.com 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 consequential loss, damage or additional
6- LINKS TO THIRD PARTY SITES
The Website may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Swisstours.com or the Website and Swisstours.com
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Swisstours.com is not responsible for any form of transmission, whatsoever,
received by the User from any Linked Site. Swisstours.com is providing these
links to the User only as a convenience, and the inclusion of any link does not
imply endorsement by Swisstours.com or the Website of the Linked Sites or
any association with its operators or owners including the legal heirs or assigns
Swisstours.com is not responsible for any errors, omissions or representations
on any Linked Site. Swisstours.com does not endorse any advertiser on any
Linked Site in any manner. The Users are requested to verify the accuracy of all
information on their own before undertaking any reliance on such information.
7- PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use
the Website for any purpose that is unlawful or illegal under any law for the time
being in force within or outside India or prohibited by this Agreement and/or the
TOS including both specific and implied. In addition, the Website shall not be used
in any manner, which could damage, disable, overburden or impair it or interfere
with any other party's use and/or enjoyment of the Website. The User shall refrain
from obtaining or attempting to obtain any materials or information through any
means not intentionally made available or provided for or through the Website.
8- USE OF COMMUNICATION SERVICES
The Website may contain services such as email, chat, bulletin board services, information
related to various tourist spots, news groups, forums, communities, personal web
pages, calendars, and/or other message (hereinafter collectively referred to as
"Communication Services"). The User agrees and undertakes to use the Communication
Services only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and not as a
limitation, the User agrees and undertakes that when using a Communication Service,
the User will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
of others; (b) publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; (c) upload files that contain software or other material protected
by intellectual property laws unless the User owns or controls the rights thereto
or have received all necessary consents; (d) upload or distribute files that contain
viruses, corrupted files, or any other similar software or programs that may damage
the operation of the Website or another's computer; (e) advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; (f) conduct or forward surveys, contests,
pyramid schemes or chain letters; (g) download any file posted by another user of
a Communication Service that the User know, or reasonably should know, cannot be
legally distributed in such manner; (h) falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded; (i)
violate any code of conduct or other guidelines, which may be applicable for or
to any particular Communication Service; (j) violate any applicable laws or regulations
for the time being in force in or outside India; and (k) violate any of the terms
and conditions of this Agreement or any other terms and conditions for the use of
the Website contained elsewhere herein.
Swisstours.com has no obligation to monitor the Communication Services. However,
Swisstours.com reserves the right to review materials posted through Communication
Service and to remove any materials in its sole discretion. Swisstours.com
reserves the right to terminate the User's access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Swisstours.com reserves the right at all times to disclose any information
as is necessary to satisfy or comply with any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Swisstours.com's sole discretion.
Swisstours.com does not control or endorse the content, messages or information
found in any communication service and, therefore, swisstours.com specifically
disclaims any liability or responsibility whatsoever with regard to the communication
services and any actions resulting from the user's participation in any communication
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. User is responsible for keeping himself
updated of and adhering to such limitations if they download the materials.
9- TERMINATION/ACCESS RESTRICTION
Swisstours.com reserves the right, in its sole discretion, to terminate the
access to the website and the related services or any portion thereof at any time,
10- FEES PAYMENT
Swisstours.com reserves the right to charge listing fees for certain listings,
as well as transaction fees based on certain completed transactions using the Swisstours.com
Services. Swisstours.com further reserves the right to alter any and all fees
from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies
and assessments for availing the Swisstours.com Services. USER'S OBLIGATIONS
AND USER ACCOUNT
11- FEES PAYMENT
In consideration of use of the Website, 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 using the Website and/or receiving the Services under the laws of India or
other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost:
(a) all the necessary equipments including a computer and modem etc. to access the
Website/avail Services; (b) own access to the World Wide Web. The User shall be
responsible for accessing the Services and that access may involve third party fees
including, airtime charges or internet service providerâ€™s charges which
are to be exclusively borne by the User.
The user also understands that the services may include certain communications from
swisstours.com as service announcements and administrative messages. The user
understands and agrees that the services are provided on an "as is" basis and that
swisstours.com does not assume any responsibility for deletions, mis-delivery
or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register
himself on the Website, upon completion of the registration process, the User shall
receive a user id and password. The User agrees and undertakes at all times to be
responsible for maintaining the confidentiality of the password and user id, and
shall be fully responsible for all activities that occur by use of such password
or user id. Further, the User agrees not to use any other party's under id and password
for any purpose whatsoever without proper authorization from such party. You are
responsible for the security of your password and for all transactions undertaken
using your password through our service. Swisstours.com will not be responsible
for any financial loss, inconvenience or mental agony resulting from misuse of your
ID/password/credit card number/account details number for using Swisstours.com
The user also agrees and undertakes to immediately notify swisstours.com of
any unauthorized use of the user's password or user id and to ensure that the user
logs off at the end of each session at the website. Swisstours.com shall not
be responsible for any, direct or indirect, loss or damage arising out of the user's
failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about
himself and his beneficiaries as prompted by the registration form ("Registration
Data") on the Website; and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If the User provide any information
that is untrue, inaccurate, not current or incomplete or Swisstours.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Swisstours.com has the right to suspend or terminate the User's
registration and refuse any and all current or future use of the Website and/or
Furthermore, the User grants Swisstours.com the right to disclose to third
parties Registration Data to the extent necessary for the purpose of carrying out
Without prejudice to the other remedies available to swisstours.com under
this agreement, the tos or under applicable law, swisstours.com may limit
the user's activity, or end the user's listing, warn other users of the user's actions,
immediately temporarily/indefinitely suspend or terminate the user's registration,
and/or refuse to provide the user with access to the website if: (a) the user is
in breach of this agreement, the tos and/or the documents it incorporates by reference;
(b) swisstours.com is unable to verify or authenticate any information provided
by the user; or (c) swisstours.com believes that the user's actions may infringe
on any third party rights or breach any applicable law or otherwise result in any
liability for the user, other users of the website and/or swisstours.com.
12.2 swisstours.com may at any time in its sole discretion reinstate suspended
users. Once the user have been indefinitely suspended the user may not register
or attempt to register with swisstours.com or use the website in any manner
whatsoever until such time that the user is reinstated by swisstours.com.
Notwithstanding the foregoing, if the user breaches this agreement, the tos or the
documents it incorporates by reference, swisstours.com reserves the right
to recover any amounts due and owing by the user to swisstours.com and/or
the service provider and to take strict legal action as swisstours.com deems
13- PROPRIETARY RIGHTS
Swisstours.com may provide the User with content such as sound, photographs,
graphics, video or other material contained in sponsor advertisements or information.
This material may be protected by copyrights, trademarks or other intellectual property
rights and laws. The User may use this material only as expressly authorized by
Swisstours.com and shall not copy, transmit or create derivative works of
such material without express authorization from Swisstours.com.
The User acknowledges and agrees that they shall not upload, post, reproduce or
distribute any content on or through the Website that is protected by copyright
or other proprietary right of a third party, without obtaining the permission of
the owner of such right. Any copyrighted or other proprietary content distributed
on or through the Website with the consent of the owner must contain the appropriate
copyright or other proprietary rights notice. The unauthorized submission or distribution
of copyrighted or other proprietary content is illegal and could subject the User
to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right
to use the Website by the User contained herein or any other section or pages of
the Website and/or the Linked Sites, shall be deemed to constitute a partnership
between the User and Swisstours.com and no party shall have any authority
to bind or shall be deemed to be the agent of the other in any way. It may be noted,
however, that if by using the Website, the User authorizes Swisstours.com
and its agents to access third party sites designated by them or on their behalf
for retrieving requested information, the User shall be deemed to have appointed
Swisstours.com and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement, the TOS or the right to use the Website by the User
contained herein or any other section or pages of the Website or any Linked Sites
in any manner whatsoever.
16- INTERPRETATION OF NUMBER AND GENDERS
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 and feminine. 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.
The User agrees to indemnify, defend and hold harmless Swisstours.com 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 Swisstours.com 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 and/or the TOS.
If any provision of this 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 Agreement shall continue to be in full force and effect.
19- TERMINATION OF AGREEMENT AND SERVICES
Either the User or Swisstours.com may terminate this Agreement and a Service
with or without cause at any time to be effective immediately.
The User agrees that Swisstours.com may under certain circumstances and without
prior notice, immediately terminate the User's user id and access to the Website/Services.
Causes for termination may include, but shall not be limited to, breach by the User
of this Agreement or the TOS, requests by enforcement or government agencies, requests
by the User, non-payment of fees owed by the User in connection with the Services
as specified in the applicable TOS.
This Agreement may be terminated by either the User or Swisstours.com through
a written notice to the other. Swisstours.com shall not be liable to the User
or any third party for termination of any Service. Should the User object to any
terms and conditions of this Agreement, any TOS or become dissatisfied with the
Service in any way, the User's only recourse is to immediately: (a) discontinue
use of the Website/Service; and (b) notify Swisstours.com of such discontinuance.
Upon termination of the Service, User's right to use the Website/Services and software
shall immediately cease. The User shall have no right and Swisstours.com shall
have no obligation thereafter to execute any of the User's uncompleted tasks or
forward any unread or unsent messages to the User or any third party. Once the User's
registration or the Services are terminated, cancelled or suspended, any data that
the User has stored on the Website may not be retrieved later
All notices and communications (including those related to changes in the TOS, Service,
termination of Service etc.,) shall be in writing, in English and shall deemed given
if delivered personally or by commercial messenger or courier service, or mailed
by registered or certified mail (return receipt requested) or sent via email/facsimile
(with acknowledgment of complete transmission) to the following address: (a) If
to Swisstours.com, at email@example.com or at the address posted
on the Website. (b) If to a non registered User, at the communication and/or email
address specified in the application form availing of a Swisstours.com Service.
(c) If to a registered User, at the communication and/or email address specified
in the registration form. Notice shall be deemed to have been served 48 hours after
it has been sent, dispatched, displayed, as the case may be, unless, where notice
has been sent by email, it comes to the knowledge of the sending party, that the
email address is invalid.
21- GOVERNING LAW
This agreement and each tos shall be governed by and constructed in accordance with
the laws of india without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of the
courts of mumbai.