Website www.holidaymine.com is owned and operated by "Freespirits Holidays Pvt. Ltd".
This agreement incorporates the terms and conditions for Freespirits Holidays Pvt. Ltd and its affiliate Company (www.holidaymine.com) to provide services to the person/s ("the User") intending to purchase or inquiring for any products and/or services of HOLIDAYMINE.COM by using HOLIDAYMINE.COM's websites or using any other medium or channel of Freespirits Holidays Pvt. Ltd. Both User and HOLIDAYMINE.COM are individually referred as 'party' to the agreement and collective referred to as 'parties'. This Agreement describes your responsibilities and, among other things, limits the liability of www.holidaymine.com and its third-party suppliers or vendors including, without limitation, the hotels, tour operators, airlines, rental car companies, activity providers and other suppliers that provide travel or other services through this Site. Before Registering with us and/or using any of these services, please read this agreement carefully.
By continuing to access any area of this Site ("USERS" OR "YOU") agree to be legally bound without any limitation or exceptions to abide by these TERMS AND CONDITIONS, which will constitute our AGREEMENT ("AGREEMENT"). If at any time you do not agree with any part of this Agreement, you must discontinue the use of this site. www.Holidaymine.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in any promotions available on www.holidaymine.com.
General Terms and Conditions
Right of Usage - Holidaymine grants User limited, personal, nontransferable permission to access and use this Site as permitted in this Agreement, we do not grant you any other rights with respect to this Site; any rights not implied herein are reserved. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary of holidaymine.com and/or its Travel Service Providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. In addition, whether or not you have a commercial purpose, you agree not to:
Disclaimer Of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. HOLIDAYMINE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, HOLIDAYMINE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. HOLIDAYMINE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. HOLIDAYMINE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. HOLIDAYMINE.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOLIDAYMINE.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FURTHER, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS,RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
No Covered Party shall be responsible for any Travel Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible neither for any Travel Service Provider's failure to comply with this Agreement nor for any Travel Service Provider's failure to comply with applicable federal, state, provincial and local law. If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by holidaymine.com for making a Request.
Indemnification
You agree to defend and indemnify Holidaymine and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:
• Your breach of this Agreement
• Your violation of any law or the rights of a third party; or
• Your use of this Site in violation of this Agreement.
Copyright Protection
User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of Freespirits Holidays Pvt. Ltd, Its affiliate www.holidaymine.com and the 3rd Party Travel Service Providers. Reproduction or storage of information or information taken from this Site, in all forms is subjected to Copyright Act.
Copyright Infringement on Our Behalf
Should there be any instance/s of copy right infringement done on our behalf due to known or unknown reasons then under such circumstance in good faith you can notify the same to our office via E-mail or letter, clearly indentifying your copyrighted work and its location on our site and upon your validating your claim and ownership of the claim, we will work immediately to resolve the issue and if found correct remove the same from our website.
Trademark Notice
Freespirits Holidays Pvt. Ltd and www.holidaymine.com are registered service marks owned by Freespirits Holidays Pvt. Ltd. Other services, product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of our affiliated 3rd party suppliers. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
Accounts, Security and Passwords
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify www.holidaymine.com immediately of any unauthorized use of your account. Holidaymine.com is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
User Comments Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to holidaymine.com in connection with your use of this Site, as well as use of the holidaymine other Social Media Page/s shall be and remain the exclusive property of holidaymine.com and may be used by holidaymine.com in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to holidaymine.com, you are indicating your consent to holidaymine.com's use of your Comments. Holidaymine has the Right to use these comments on this Site and in radio, television, and print advertisements. Holidaymine reserves the right to provide your Comments to its partners or other third-parties. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of holidaymine.com or its content providers, advertisers, sponsors, affiliated or related entities, and holidaymine.com makes no representations or warranties regarding any Comment. Holidaymine.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk. Holidaymine.com is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence or to keep any of your Comments available on this Site or other websites or pages maintained by holidaymine.com, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
On Request
While holidaymine.com will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither holidaymine.com nor its Travel Service Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
Hotels Ratings and its Interpretations
Hotel Star Rating systems are done basis several factors and the central body called FHRAI is the final authority to award the Star Category to hotels post their evaluation, the evaluation systems does take factors like facility, amenities, infrastructure, branding, reputation and other such technical factors before awarding the rating systems and the same is then periodically updated and renewed, however in the common interest of general public and user of Holidaymine.com and Freespirits Holidays Pvt Ltd we will like you our User to be made aware of the basic level of service to be expected in each category while booking, so that you the User are able to make a more informed decision.
a. 5 Star Hotels – These are premium to luxury hotels having a medium to large infrastructure and facilities, facilities and amenities include Luxury Rooms, Swimming Pool, One or Two Restaurants including a coffee shop, Valet Parking, Shopping facilities, Spa, 24x7 room service, Large banqueting among a multitude of other facilities. While as 5star is a generic rating some are very premium in their services, staff and facilities while as some are more moderate in their overall aesthetics and quality. But you can always expect a certain minimum luxury comfort and amenities in a 5 star hotel.
b. 4 Star Hotels – Moderate to Premium category of Hotels which are identical in many ways to a 5 star but have certain limitation on their infrastructure. However guest can expect high level of standards and services including but not limited to Restaurants, pool, room Service, Mini Bar and so on. Staff service levels may be not be comparable to luxury hotels but still will be competitive and efficient. With new and branded international chains coming to India and setting up hotels; today's 4 stars are definitely matching or at least giving a tough competition to 5 star segments due to their efficient and up market infrastructure.
c. 3 Star Hotels – Moderate category of hotels, can be large or medium with all basic facilities that are offered in Hotels like Restaurants, Banqueting, Room service, Pool and so on, however the same are offered in a moderation level of service and style, right from Meals to over all Service. While are facilities like pool, room amenities and room service are usually offered – the same cannot be taken as a norm and certain hotels may or may not offer these facilities. With a lot of emphasis given on hospitality real estate a lot of new hotels in 3 star segment are coming up with new and modern facilities and amenities; however we still advise that while selecting 3 star hotels for your holidays you must not expect any luxury or particular service that they may have encountered in any such 3 star before. Instead of that you should lay emphasis on the quality of hotel and its reviews.
d. Economy Category (2Stars, 1Stars and Unrated Economy Hotels) – There is a very fine demarcation between what constitutes a 2 star and what 1star, or what is economy- so broadly speaking these are more budget friendly and low to moderate hotels which are most ideal for lodging purposes and some even have restaurants or limited service facility like time bound room service. These hotels are most ideal for guest who are not looking at staying in very posh hotels and are happy with rather clean and reliable environment for their leisure holidays. We do however evaluate the reviews and quality of manpower servicing the hotels before bringing them onboard.
www.holidaymine.com & Freespirits Holidays Pvt. Ltd and its affiliate partners screen participating hotels carefully and update the relevant information to ensure the validity of our ratings is accurate. However star rating is not always a guarantee of high or low standards. And there are always exceptions on the both end. We do not guarantee that star rating of the hotels always will match the expected standards or service level; we reserve the right to change a hotel's rating at any time with or without notice.
Third Parties
If you use this Site to submit Requests for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial Issuer Banks. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-parties or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
External Web Link and Services
This Site may contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Holidaymine.com does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Holidaymine.com endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
Travel Service Providers
You agree to abide by the terms or conditions of purchase imposed by any Travel Service Provider, whether that Travel Service Provider is selected by you or by holidaymine.com, including, but not limited to, payment of all amounts when due and compliance with the Travel Service Provider's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any payment paid for such reservation(s) or purchase(s), and in holidaymine.com debiting your account for any costs holidaymine.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any Travel Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Travel Service Provider and not toward us.
Modification / Termination of Usage
Holidaymine.com reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, holidaymine.com shall not be liable to you or any third-party for any termination of your access to this Site.
International Travel Advisory
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Holidaymine therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Government prior to booking travel to international destinations.
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Currency and Exchange Rates
Purchases made on our Site are transacted currently in INR (INDIAN RUPEES). You will be charged in the currency shown upon checkout in the Summary of Charges. If you make a purchase from us using a credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.
Charges for Taxes and Service Fees
In connection with facilitating your packages and hotel booking transaction, we will charge your method of payment for Taxes and Fees. This charge includes an estimated amount to recover the amount we pay to the govt. in connection with your reservation. The balance of the charge for Taxes and Fees if any may at time be a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the govt., location of the hotel, package details etc. We are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
MISCELLANEOUS
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.