Terms & Conditons

Applicability of the agreement

This web site www.khushtravels.co.in is published and maintained by khush travel house, a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you ac-cept, without limitation or qualification, the terms and conditions set forth below. When you access any subsite (whether belonging to an ‘associ-ate’ of khush travel house or otherwise) through this site, then such subsite may have its own terms and conditions of use which is specific to such subsite. Subsites may contain such additional terms and conditions of use as may be set out in such subsite.

Site and Its Contents

This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, includ-ing but not limited to any text, images, audio and video, for any busi-ness, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, khush travel house grants you a non-exclusive, non-transferable, lim-ited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandato-ry and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

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. You can-not use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by khush travel house or otherwise. By displaying them on this Site, khush travel house 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, trade-mark laws, the laws of privacy and publicity, and civil and criminal stat-utes.

You may download such copy/copies of the Content to be used only by you for your personal use at home unless the subsite you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notic-es that go with it.

Others Rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the le-gal rights (such as rights of privacy and publicity) of others
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
• Upload or attach files that contain software or other material pro-tected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
• Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
• Delete any author attributions, legal notices or proprietary designa-tions or labels in any file that is uploaded
• Falsify the origin or source of software or other material contained in a file that is uploaded
• Advertise or offer to sell any goods or services, or conduct or for-ward surveys, contests or chain letters, or download any file post-ed by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

User’s Material

You are prohibited from posting or transmitting any defamatory, libellous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.

khush travel house assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. khush travel house may change, edit, or remove any user material or conversations that are ille-gal, indecent, obscene or offensive, or that violates khush travel house’s policies in any way.

khush travel house will fully cooperate with any law enforcement authorities or court order requesting or directing khush travel house to disclose the identity of anyone posting such materials.

khush travel house Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, sugges-tions or the like, all such communications are, and will be treated by khush travel house, as non-confidential.

You hereby give up any and all claim that any use of such material vio-lates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way khush travel house uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by khush travel house anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You un-derstand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a par-ticular message (for example, credit card information) is encrypted (send in code). Sending a message to khush travel house does not cause khush travel house to have any special responsibility to you.

The copyright in the contents of this website belongs to khush travel house. Accordingly, khush travel house reserves all rights. Copying of part or all the contents of this website without permission of khush travel house is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Agency Terms and Conditions

• Payment due to Domestic/International Tickets for the weekly credit to be made within 6 days of the closing of the week (starting from 1st to 7th of the month) or as per the Collection period noti-fied by khush travel house from time to time.
• (a)Voiding would be as per the airline norms plus Rs.100/ – per ticket as a khush travel house RAF Charges.
  (b) Refund charges would be as per the airline norms plus Rs.200/ – per ticket as a khush travel house RAF Charges.
• Service charges levied are to be collected from the customers on our behalf.
• (a) Any void / cancellation of the ticket will be entertained only till 1800 Hrs or as specified in the booking.
  (b) If the payment is not made on time khush travel house can anytime cancel all the PNR’s/Tickets without any prior notice.
• Any kind of Misuse of Airline/GDS PNR will solely be the responsi-bility of the agent and the amount will be recovered from the agent as and when received the debit note by the Airline or by the GDS.
• There will no adjusting of the refund in the payment schedule. The refund will be given back to the agent whenever we have received it from the airline.
• TDS will be deducted as per the law. TDS will be deducted on all commissions/incentives. The TDS certificate will be issued in the next Financial Year.
• Responsibility for Taxes. Travel Agent acknowledges that, regardless of any action taken by khush travel house, the ultimate responsibility for Tax Collected at Source (‘TCS’) under section 206C(1G) or any other taxes as may be legally applicable and filing requirements in connection with the same thereof (hereinafter collectively referred to as ‘Tax Obliga-tions’), is and shall remain his (or her) responsibility.
• The credit limit will be on a weekly basis depending upon the cer-tain guarantees.
• Any advance amount paid by the agent will be non-interest bearing and should be utilized within 360 days from the date of payment. If such advance is not utilized within this period of 360 days, the unu-tilized portion shall be held in trust, for the benefit of the agent, by khush travel house for a period of 2 years from the date of payment of such advance after which the same shall be deemed as forfeited.
• The User shall request khush travel house for any refunds against the unutilized or ‘no show’ air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check-in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Air-lines, hotels and khush travel house as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or no show air or hotel booking shall be deemed to have been forfeited.
• Any other refunds or unadjusted credits received from suppliers (including hotels, airlines etc.) and not claimed or pursued by travel agents or suppliers within 2 years of receipt of such amounts by Company, shall be deemed to have been forfeited.
• Agents will be responsible for maintaining all related documents in-cluding confirmation from the travellers that the amount paid by them for travel outside of India is in within the annual limits for res-ident individuals as prescribed by the Reserve Bank of India from time to time.
• That our Client shall grant a limited and non-transferable right to you, the Noticees, to use the website of our Client – www.khushtravels.com for conducting online booking of the various travel ser-vices as made available by our Client to you.
• That you, the Noticees, shall make payment for the services availed by cash/cheque/demand draft/credit card, and in case of non-payment within 7 days of the due date you, the Noticees, shall be liable to pay interest at the rate of 0.1% per day till the date of payment of the full amount.
• That you agree to indemnify us from and against any and all loss-es, liabilities, claims, damages, costs and expenses asserted against or incurred by us that arise out of any breach or non-performance of any covenant or agreement made or obligations to be performed by you;

Disclaimer

The material in this Site could include technical inaccuracies or typo-graphical errors. khush travel house may make changes or improvements at any time.

The materials on this site are provided on an “As Is” basis, without war-ranties of any kind either expressed or implied. Tot the fullest extent permissible pursuant to applicable law, khush travel house disclaims all war-ranties of merchantability and fitness for a particular purpose.

It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. ‘www.khushtravels.com’ is not responsible for any inaccuracies in the photos.

khush travel house does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfac-tion.

khush travel house does not warrant or make any representations re-garding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoper-ability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. khush travel house does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

You also acknowledge that through this Site, khush travel house merely provides intermediary services in order to facilitate the highest quality services to you. khush travel house is not the last-mile service provider to you and therefore, khush travel house shall not be or deemed to be re-sponsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.

khush travel house will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.

Notwithstanding anything else to the contrary contained elsewhere here-in or otherwise at law, khush travel house’s liability (whether by way of in-demnification to you or otherwise) shall be restricted to a maximum of INR 1 (Indian Rupees One only).

Availability

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geo-graphical location. You should check with your local khush travel house authorized representative for the availability of specific products and services in your area.

Terms and Conditions of Use

khush travel house may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

khush travel house may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifica-tions of products described or depicted on the Site, temporarily or per-manently, at any time, without notice and without liability.

khush travel house reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of khush travel house’s sys-tems, as well as its clients’ interests are and remain, well-protected. Towards this end, khush travel house may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

If khush travel house, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, en-forceable or valid, then khush travel house may cancel the said orders at any time up to 4 hours before the scheduled time of departure of the relevant flight or 4 hours before the expected date of visit to any proper-ty booked through khush travel house.

General Provisions

You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.

khush travel house requests you to consult your local authorities and evalu-ate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.

By offering for sale travel to particular international destinations, khush travel house does not represent or warrant that travel to such point is advis-able or without risk. khush travel house does not accept liability for damag-es, losses, or delays that may result from improper documents for en-try, exit, length of stay, or from travel to such destinations.

khush travel house reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect.

khush travel house shall have no obligation to take the needs of any User into consideration in connection therewith.

khush travel house reserves its right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

No waiver by khush travel house of any provision of these Terms and Con-ditions shall be binding except as set forth in writing and signed by its duly authorized representative.

Any and all disputes arising in connection with the Service Agreement shall be settled in the first instance by good faith negotiations, and if the dispute cannot be settled within 7 days by mutual discussions, the same shall be settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by khush travel house, whereby the venue of the arbitration shall be Jaipur and the arbitration proceed-ings to be conducted in English ; Each party shall bear its own costs (in-cluding legal costs) for participating in the arbitration proceedings, and the arbitrator’s fees and expenses and other incidental expenses shall be paid by the parties as determined by the arbitrator.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situ-ated at Jaipur, India.

Grievances

In the event of any grievances regarding our services you may write to us at khushrjt03@gmail.com