This User Agreement forms the terms, conditions and mutual understanding for the use of services of Celebto Technologies Pvt. Ltd. (hereinafter referred to as (“Planner/Celebto”) ANDAny person (hereinafter referred to as Customer/User) who inquires about or purchases the services of the Planner through its websites, mobile applications, sales persons, offices, branch offices, agents etc. (all the aforesaid platforms collectively referred to as "Planner/Celebto") agree to be governed by User Agreement.
The websites and the mobile applications of the Planner are collectively referred to as 'Website'.Both User and the Planner are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
The term customer/user shall mean and include himself, his heirs, successors, agents, executors, administrators, legal representatives and assigns, etc.
Eligibility:
The User must be at least 18 years of age and must possess the legal capacity to enter into an agreement so as to become an User and use the services of the Planner. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). The Planner reserves the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false. Before using the Website, approaching any Sales Channels or procuring the services of Celebto, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with Ceebto. If the User does not agree with any part of this Agreement, then the User must not avail Celebto’s services and must not access or approach the Sales Channels of Celebto. All rights and liabilities of the User and Celebto with respect to any services facilitated by Celebto shall be restricted to the scope of this User Agreement. The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of Celebto. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website
WITNESSES AS FOLLOWS:
I.WHEREAS the Planner is a business into designing customised travel plans and day-by-day itineraries for clients by organising all aspects of a trip, including transportation, accommodation, activities, and sightseeing, working closely with clients to understand preferences, budget, and specific needs.
II.WHEREAS the User is a client who is looking to travel with his wife/family/friends.
III.WHEREAS the User has approached the Planner for a seamless, well-organised trip that aligns with User’s preferences, budget and schedule, expecting personalized recommendations, bookings and expert knowledge about destinations.
IV.WHEREAS the User has therefore entered into this User Agreement with the Planner
V.NOW THEREFORE THIS WITNESSETH that in consideration of the above the Planner shall offer to the User its services of customising a travel plan and itinerary and the User agrees to avail of such services of the Planner, on the terms and conditions contained herein below:
1. Purpose:
The purpose of this User Agreement is to outline the mutual understanding, the terms and conditions between the Planner and the User regarding the holiday planning and itinerary services to be provided by the Planner to the User for the trip planned. The User Agreement is intended to ensure clarity and mutual understanding of the responsibilities and expectations of both parties.
2.Travel Package Details:
The Planner agrees to provide the User with the following services:
a. Trip Consultation- discussion to understand the User’s preferences, budget and expectations.
b. Itinerary Creation- development of customizable, comprehensive travel itinerary
c. Flight bookings
d. Hotel accommodation
e. Local transportation
f. Tour guide services (if applicable)
g. Dining and entertainment
h. Local attractions and sight-seeing
i. Visa and documentation (if applicable)
j. Day-to-day itinerary
k. Bookings for day to day activities (if applicable)
l. On-going support during the trip for any changes, cancellations or emergencies.
m. Other services
3. Total Cost and Payment Terms:
Celebto charges User for its services. All the payments are to be done in advance before the service is availed.
The total cost towards the consultation and basic plan to be laid down, hereinafter referred to as the Planning Charges. Once the User bears these charges it is the obligation of Celebto to provide a plan suited for User preference or cancel the sale and refund the paid charges to the User.
Celebto will offer a total amount required to be paid by User if the User chooses Celebto to manage their itinerary. Upon payment of the liable amount Celebto is responsible for ensuring that relevant services as per the plan are adhered to as in the shared plan.
The payments that are made by the User to Celebto are final and non-cancellable. In case of cancellation it's at the discretion of Celebto to decide the amount that can be refunded to User. This payment will include and hold Celebto liable for all the services as agreed in the plan.
4. Obligations of Celebto
a. Celebto shall ensure that all bookings and arrangements are made based on the plan that has been agreed upon and approved by the User and which have been paid for by the User.
B. Celebto shall provide the User with timely communication regarding confirmations, changes or cancellations.
c. In the event of unforeseen circumstances (such as force majeure, government regulations, strikes or natural disasters), Celebto will assist the User in arranging alternative travel plans but shall not be held liable for additional costs or inconveniences incurred.
5.Obligations of the User:
a. The User shall provide all necessary information and documents (e.g., passport, visa, identification) required for travel and for engagement in the activities laid out in the approved plan.
b. The User shall comply with all laws, regulations, and customs of the destination country.
c. The User is responsible for the safety of personal belongings and any valuables during the trip.
d. The User is responsible for the entire group or company that he is travelling with.
e. The User shall ensure that once the plan has been approved, the payment for the bookings shall be made on time.
f. The User will not post or continue to post or transmit or publish/continue to publish any content about Planner which is unlawful, threatening, libellous, defamatory, untrue, obscene or other material or content that the User believes or has reasons to believe to be untrue and may have an adverse impact on the reputation of the Planner.
6.Cancellations and Refunds:
The User may request for changes in the plan laid down by the Planner before approving the same. However, the Planner can request for such pre-approval changes only five times. After exhausting its at the mutual understanding of both parties to continue or not. However Celebto will not be liable to refund planning charges if the User request changes to the plan more than 2 times.
Vacations booked via Celebto are by default non-cancellable/non-refundable. That being said upon cancellation by the User, its at the descretion of Celebto to decide the amount of refund to the User, which can be Rs. 0 also.
Terms and conditions provided by the third parties such as airline, hotels, those providing activities in the destination, etc., must be reviewed by the User and the User is solely responsible for their agreement with such terms and conditions. If the terms and conditions provided by such third parties are not agreeable to by the User, the User may inform the Planner of the same and a change may be requested for in the plan. In such a case, no refund will be paid to the User by the Planner and further additional costs for planning and making a new booking will be charged by the Planner to the User and such payment shall be made immediately by the User.
7.Liability:
a. The Planner will not be held liable for any loss, injury, damage or delays due to factors beyond the Planner’s control, including but not limited to airline strikes, government regulations, or natural disasters, etc.
b. The Planner shall not be vicariously liable for the actions of the User.
c. The Planner’s liability is limited to the services provided directly by the Planner and does not extend to third-party services such as airlines, hotels, tour operators and other parties conducting activities.
d. The Planner cannot be held responsible/accountable for the deficiencies in services rendered by 3rd party travel agents however will put best effort for best service delivery by the chosen partners.
e. The Planner shall not be held liable, responsible or involved in any way with any disputes arising between the User and the third parties.
f. The Planner shall not be held and shall exercise no authority over financial transactions happening outside of the payment process mentioned in this User Agreement.
g. The Planner shall not be held liable in any manner whatsoever for any accidents, crime, mis-haps and torts of any kind suffered by the User during the course of his trip.
h. The User indemnifies and holds harmless the Planner against any criminal acts committed by the User or his companions, due to any of their acts or omissions and the Planner will not be held liable for the same. The User shall indemnify and hold harmless the Planner, his employees, officers, agents and assigns from any damages, actions, suits, claims, or other costs arising out of or in connection with any injury caused to any person (including death) caused by the User’s actions or omissions during the trip including any acts of omissions on part of the User’s ward/s, employees, officers, directors, independent contractors, representatives, assigns, guests, patrons or invitees or other agents. The User shall notify the Planner of any such injury or death which it has knowledge of, during such trip regardless of the cause of such injury or death. The 1st Party is merely a planning party who plans and organises the travel for the 2nd Party.
i. The Planner shall not be liable for any loss which the User may suffer from due to rejection of his visa, hotel cancellation due to default on the User or due to other default by the User of the third Party’s policies and the Planner is further not liable for the passport of the User being declared ineligible for entry/exit during or prior to taking international travel.
j. The User shall be responsible for all the actions and omissions of his companions during the duration of the trip and any liabilities arising out of the acts or omissions of such persons will not be the liability of the Planner.
8.Confidentiality:
The Planner agrees to keep all personal and travel-related information provided by the User confidential and will not disclose it to third parties except as necessary to complete the travel arrangements. Further, the Planner shall not be held responsible for any misuse of such information by the third parties.
9.Dispute Resolution:
In the event of a dispute arising out of this User Agreement, both parties agree to resolve the matter amicably. If the dispute cannot be resolved amicably, it shall be referred to for arbitration under the Arbitration and Conciliation Act, 1996, with the venue of arbitration being Bangalore, India.
10.Termination:
This User Agreement may be terminated by either party by providing written notice of 10 days prior to the trip in which event the bookings made shall be cancelled by the Planner. However, no refund of the planning charges shall be given to the User and the refund of the booking charges shall be at discretion of the Planner.
11. Force Majeure:
Neither the Planner nor any of its parents, subsidiaries, affiliates, officers, directors, employees, agents or suppliers and their respective successors, heirs and permitted assigns shall be responsible for, or be deemed to be in default on account of, any failure to perform or due to delay in performance of any of its obligations hereunder, in whole or in part, if such performance is rendered impracticable by the occurrence of acts of war, whether declared or undeclared, sabotage, embargo, acts of terrorism, riot or other civil commotion, failure in transportation, act of any government or any court or administrative agency thereof, acts of God, fire, explosion, flood, earthquake, strike, act of government or other catastrophes, epidemics or quarantine restrictions, or other cause(s) beyond the reasonable control of the Planner (“Force Majeure”).Both the User and Planner shall use their best efforts to avoid, overcome and offset the effects of any cause or potential cause of an event of Force Majeure. Upon cessation of the cause of the Force Majeure, the terms and conditions agreed to in this User Agreement, shall again become fully operative. However, a Force Majeure event will not relieve the User and the Planner of the obligations accrued prior to the occurrence of the Force Majeure.
12.Governing Law:
This User Agreement shall be governed by and construed in accordance with the laws of India and any disputes shall be subject to the exclusive jurisdiction of the Courts in Bangalore, India.
13.Intellectual Property:
The Users shall not use any logo and name or any board, banner, etc., belonging to the Planner without the written consent of the Planner for such usage.
14.Severability:
If any part of this User Agreement shall be held unenforceable for any reason, the remainder of this User Agreement shall continue in full force and effect. If any provision of this User Agreement is deemed invalid or unenforceable by any Court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
15.Miscellaneous:
Any modifications made to this User Agreement must be made in writing and signed by both parties. This User Agreement represents the entire understanding between the parties and supersedes any prior agreements.
16.Acceptance:
This User agreement is explicitly available on the website and its User Responsibility to read it before availing any service from the Planner.
17. In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:
If you require the details of a Legal Representative, please reach out to the Grievance Officer.
Name: Anshumali Jain
Address: 21242 Prestige Jindal City, Tumkur Main Road, Bangalore, KA India 560073