TERMS & CONDITIONS:

TERMS & CONDITIONS:
 
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain names www.hotel-commerce.com, makingreservation.com and its sub-domains is owned by Hotel Commerce Solutions Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Him & Kays House, Bungalow No. 1, PowaiVihar Complex, Powai, Mumbai - 400 076, India (hereinafter referred to as HCOM).
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, You shall be contracting with Hotel Commerce Solutions Private Limited and these terms and conditions including the policies constitute Your binding obligations, with HCOM.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to surf and use the Websites using the computer systems. The term "We", "Us", "Our" shall mean Hotel Commerce Solutions Private Limited.You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.
We reserve the right, at Our sole discretion to change, modify, add or remove portions of these terms of use, at any time without any prior notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website.You may be required to answer certain questions or provide certain details for transacting on the Website. Answers to such questions or details required may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
These pages and infrastructure of these pages, and the online booking engine service provided on these pages and through the website (the "service") are owned, operated and provided by HCOM and are provided for your personal, non-commercial use only, subject to the terms of use set out below 

1. Scope of our Service
Through our websites (www.hotel-commerce.com, makingreservation.com and its sub-domains), we (Hotel Commerce Solutions Pvt.Ltd. and its affiliate (distribution / Hotel partners) provide an online booking engine through which all tiers of hotels can load their hotel information, photographs, rooms, rates, inventories & related policies and through which visitors to the website can make such reservations. By making a reservation through our platform, you enter into a direct (legally binding) contractual relationship with the hotel at which you book You also acknowledge that through this Website, HCOM merely provides intermediary services in order to facilitate booking of accommodation services to you. HCOM is not the last-mile service provider to you and therefore, HCOM shall not be or deemed to be responsible for any lack or deficiency of services provided by the accommodation provider you shall engage or hire or appoint pursuant to or resulting from, the material available on this Site
When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

2. Credit Card
If applicable and available, certain accommodation providers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodation) to the accommodation provider during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider.
For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation. Each hotel clearly displays its own policies, rate details, taxes, and price break down.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In the event that your credit card company or bank charges you the deductible because of unauthorized transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of INR 1000 (or the equivalent in your local currency). In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (corporate.finance@hotel-commerce.com). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using our secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.

3. Cancellation
By making a reservation with an accommodation provider, you accept and agree to the relevant cancellation and no-show policy of that accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each accommodation provider is made available on our website on the accommodation information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the accommodation and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the accommodation agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

4. Further Correspondence
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.

5. Disclaimer
The materials on this Site are provided on an "As Is" basis, without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, HCOM disclaims all warranties of merchantability and fitness for a particular purpose.Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
The accommodation providers providing their services through us are independent contractors and not our agents or our employees. We are not liable for their acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. We have no liability and we will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and will have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the property you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. HCOM shall not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.Further, Youagree that You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.

If for any reason, law does not permit exclusions of liability then, the liability of the HCOM shall be limited to such amount paid by the user and retained by HCOM for the transaction in question.

6. Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and copyright laws. Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by HCOM, its suppliers or providersThere are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Company or any other third party. By displaying them on this Site, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

7. Limitation of Liability:
IN NO EVENT SHALL HCOM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Where there is a conflict between any information on our Site and these terms and conditions, these terms and conditions will apply in priority. 

8. Applicable Law
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with laws of Republic of India and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the appropriate courts situated at Mumbai, India.
 
Contact Information:
Hotel Commerce Solutions Pvt Ltd
CIN No: U63040MH2006FTC163655
Him & Kays House, Bungalow No. 1, PowaiVihar Complex
Powai, Mumbai 400076
B: +91 22 257 29 200   F: +91 22 257 29 230 
Email: corporate.finance@hotel-commerce.com   Web: www.hotel-commerce.com