Agreement Between User and Luxelane

APPLICABILITY

This User Agreement along with Terms Of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services and products of (hereinafter referred to as “Luxelane”) which is a company incorporated under the laws of India providing various travel related services through its Website and mobile application.

Any person (“User”) who inquires about or purchases any products or services of Luxelane through its websites, mobile applications, sales persons, offices, call centres, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement. The websites and the mobile applications of Luxelane are collectively referred to as ‘Website’.

Both User and Luxelane are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.

“Terms of Service” available on Luxelane website details out terms & conditions applicable on various services or products facilitated by Luxelane. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.

ELIGIBILITY TO USE

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 Luxelane. 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). We reserve 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 Luxelane, 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 Luxelane. If the User does not agree with any part of this Agreement, then the User must not avail Luxelane’s services and must not access or approach the Sales Channels of Luxelane.

All rights and liabilities of the User and Luxelane with respect to any services or product facilitated by Luxelane shall be restricted to the scope of this User Agreement.

CONTENT

All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content (“Content”), are registered by Luxelane and protected under applicable intellectual property laws. Users cannot use this Content for any other purpose, except as specified herein.

User agrees to follow all instructions provided by Luxelane which will prescribe the way such User may use the Content. There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of Luxelane, as may be applicable. Luxelane does not grant the User a license, right or authority to utilise such proprietary logos, service marks, or trademarks in any manner. Any unauthorised use of the Content, will be in violation of the applicable law.

WEBSITE

The Website is meant to be used by bonafide User(s) for a lawful use. Users shall not distribute, exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

Access to certain features of the Website may only be available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Luxelane is true and accurate.

Luxelane reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

Luxelane will always make its best endeavours to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

Luxelane reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to report@luxelane.co.in. On receiving such a report, Luxelane reserves the right to investigate and/or take such action as the Company may deem appropriate.

User(s) shall not host, display, upload, publish, transmit or share any information on Luxelane’s website or app which:

• belongs to another person and to which the User does not have any right
• is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence
• is harmful to child
• infringes any patent, trademark, copyright or other proprietary rights
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature
• impersonates another person
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of Luxelane’s platform; violates any law for the time being in force

PROCEDURE TO REPORT OBJECTIONABLE/INFRINGING CONTENT

• User(s) can report any content on the Website/App which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law.
• If the individual is of the view that any content on or listings on Luxelane contains any objectionable or infringing content, User(s) may fill out and submit the at report@luxelane.co.in Luxelane shall endeavour to review all complete and valid complaints within the prescribed time frame under applicable law.
• The information shared as part of the complaint shall a) clearly identify the violations b) Location of the material on the Website, including but not limited to the link of the infringing material c) In case of any IP violations, proof of ownership of such IP and d) contact information
• Complainant consents that Luxelane shall share the contents of any complaint with necessary third parties including without limitation the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
• Luxelane shall make commercially reasonable efforts to resolve all content related complaints within the time period prescribed under applicable law provided that:

1. Complainant shall provide all relevant information and supporting documentation requested by Luxelane to enable Luxelane to evaluate the complaint; and,
2. Luxelane acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of Luxelane pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability. All of Luxelane’s rights in such matters are fully reserved. Luxelane does not provide any guarantee or warranty in respect of the outcome of any

BOOKINGS BY TRAVEL AGENTS

Except with the prior registration with Luxelane as B2B agents, priority partner or a franchisee, and explicit permission of Luxelane to use the Website, all travel agents, tour operators, consolidators or aggregators (“Travel Agents”) are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, Luxelane reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. Luxelane shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.

All discounts and offers mentioned on the Website are applicable only to the User(s) of Luxelane for legitimate bookings.

LIMITED LIABILITY OF Luxelane

Unless Luxelane explicitly acts as a reseller in certain scenarios, Luxelane always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as “Service Providers”). Luxelane’s liability is limited to providing the User with a confirmed booking as selected by the User.

Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. Luxelane will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

Unless explicitly committed by Luxelane as a part of any product or service:

• Luxelane assumes no liability for the standard of services as provided by the respective Service Providers. 
• Luxelane provides no guarantee with regard to their quality or fitness as represented.
• Luxelane doesn’t guarantee the availability of any services as listed by a Service Provider.

By making a booking, User understands Luxelane merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not Luxelane. Thus the ultimate contract of service is between User and Service Provider.

User further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. Luxelane, therefore, cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.

In no event shall Luxelane 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) unauthorised access to or alteration of the User 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 availing services from Luxelane.

Neither shall Luxelane be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from Luxelane, whether based on contract, tort, negligence, strict liability or otherwise. Further, Luxelane shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond Luxelane control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/Luxelane is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from 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 Luxelane arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services less any cancellation, refund or other charges, as may be applicable. In no case Luxelane shall be liable for any consequential loss, damage or additional expense whatsoever. In no event Luxelane shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User/customer.

USER’S RESPONSIBILITY

Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.

If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through Luxelane. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.

The services are provided on an “as is” and “as available” basis. Luxelane may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. Luxelane expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Luxelane or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User also authorises Luxelane’s representative to contact such users over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

SECURITY AND ACCOUNT RELATED INFORMATION

While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Luxelane immediately in writing of any unauthorised use of their password or account or any other breach of security. Luxelane will not be liable for any loss that may be incurred by the User as a result of unauthorised use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else’s account at any time.

User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.

Luxelane keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., Luxelane may at times verify certain information of its Users like their credit score, as and when required.

Additionally, Luxelane may share your Personal Information in an anonymized and/ or aggregated form with a third party that Luxelane may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.

Luxelane adopts the best industry standard to secure the information as provided by the User. However, Luxelane cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.

The data of the User as available with Luxelane may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

FEES AND PAYMENT

In addition to the cost of booking as charged by the Service Providers, Luxelane reserves the right to charge certain fees in the nature of convenience fees or service fees. Luxelane further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.

In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Luxelane shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to Luxelane. In cases where the short charge is claimed prior to the utilisation of the booking, Luxelane will be at liberty to cancel such bookings if the amount is not paid before the utilisation date.

Any increase in the price charged by Luxelane on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

In the rare circumstance of a booking not getting confirmed for any reason whatsoever, Luxelane will process the refund of the booking amount paid by the User and intimate the User about the same. Luxelane is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and Luxelane as the case may be.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws

The User agrees and understands that all payments shall only be made to bank accounts of Luxelane. Luxelane or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Luxelane. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Luxelane or to any personal account of any person, Luxelane shall not be held liable for the same. Users shall not hold any right to recover from Luxelane any amount which is transferred by the User to any third party.

The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of Luxelane. The User shall immediately inform Luxelane if such details are demanded by any of its agents’ employees or representatives. Luxelane shall not be liable for any loss that the User incurs for sharing the aforesaid details.

Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

Booking(s) made by the User through Luxelane are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

Luxelane provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, Luxelane and third party Wallets, Gift Cards, EMI and more.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY LUXELANE

Luxelane will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.

Luxelane may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.

The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by Luxelane are:

• upon the request and authorization of the User
• ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
• in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify Luxelane against all types of losses and damages incurred by Luxelane due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Luxelane with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

INSURANCE

Unless explicitly provided by Luxelane in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Luxelane shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by Luxelane shall be as per the terms and conditions of the third-party insurance company. Luxelane merely acts as a facilitator in connecting the User with the insurance company. The User shall contact the insurance company directly for any claims or disputes. Luxelane shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

TCS COMPLIANCE

TCS on Overseas tour packages:

‘Overseas tour package’ means any tour package which offers a visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.

‘Specified Person’ means a person defined as per provisions of Section 206CCA(3) of Income Tax Act, 1961.

The User is liable to pay Tax collected at source (TCS) on booking of an ‘Overseas tour package’ at an appropriate rate over and above the price charged for such package in compliance with the provisions of Section 206C (1G)(b) of the Income Tax Act, 1961. Luxelane will deposit the TCS amount so collected with the Government and issue appropriate document/certificate to the User in compliance with aforesaid provision.

The User is required to provide a valid PAN of User/Traveler(s) at the time of booking an overseas tour package with Luxelane. The User understands and agrees that Luxelane, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance of provisions of Section 206CC of Income Tax Act. The User agree that in case the PAN is found to be invalid, or it does not belong to User/traveler(s), Luxelane has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to said booking.

The User further understand and agrees that Luxelane would also, at the time of booking or at a later stage, validate User/traveler(s) PAN as per the provisions of Section 206CCA of Income Tax Act and if on validation the User qualifies as a ‘Specified person’, the User agrees to pay TCS to Luxelane at such higher rate as may be applicable under section 206CCA. The User agrees to pay the additional TCS amount to Luxelane where, as a result of validation under section 206CCA, the TCS collected at the time of booking falls short of the applicable rate of TCS. If User fails or disagrees to pay the additional TCS, Luxelane has the right to cancel the booking and process appropriate refund as per the cancellation policy applicable to such booking.

COMPLIANCE OF LIBERALISED REMITTANCE SCHEME (LRS)

The RBI mandates collection of PAN details for all transactions made under the Liberalized Remittance Scheme (LRS)which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveller will be shared by the User on or before the cut-off date prescribed by Luxelane either at the time of booking or after the booking is made. In case the traveller is a minor, Luxelane will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.

The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, Luxelane has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilised for the purpose indicated above.

The User authorises Luxelane to retrieve User’s/ traveller’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.

The User understands Luxelane does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.

The User authorizes Luxelane to share User/traveller data with third party(ies) for collecting or verifying PAN details of User/traveler.

OBLIGATION TO OBTAIN VISA

International bookings made through Luxelane are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.

Luxelane is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilise the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Luxelane for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

FORCE MAJEURE

There can be exceptional circumstances where Luxelane and / or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Luxelane. If Luxelane has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide a similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operator’s. The User agrees that Luxelane being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Luxelane’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Luxelane from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall Luxelane and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

ADVERTISERS ON LUXELANE, AND LINKED WEBSITES

The Website may contain links to third party websites. Luxelane does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and Luxelane shall assume no liability for the same.

Luxelane is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.

Luxelane does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of Luxelane and hence Luxelane is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Luxelane is providing these links to the Users only as a convenience.

RIGHT TO REFUSE

RIGHT TO REFUSAL BY LUXELANE:

Luxelane at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.

Luxelane will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

In addition to other remedies and recourse available to Luxelane under this User Agreement or under applicable law, Luxelane may limit the User’s activity, warn other users of the User’s actions, immediately suspend or terminate the User’s registration, or refuse to provide the User with access to the Website if:

•  The User is in breach of this User Agreement; or
•  Luxelane is unable to verify or authenticate any information provided by the User; or
•  Luxelane 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 Luxelane, or Luxelane itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with Luxelane with different credentials, or use the Website in any manner whatsoever until such User is reinstated by Luxelane. Luxelane may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, Luxelane reserves the right to recover any amounts due to be paid by the User to Luxelane, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to Luxelane which is, or communicate with Luxelane using language or content which is:

• abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable; contrary to any applicable law;
• violates third parties’ intellectual property rights; a spam; or
• in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, Luxelane shall be at liberty to take appropriate legal action against the User.

RIGHT TO REFUSAL BY END SERVICE PROVIDER:

User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through Luxelane with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of Luxelane and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not Luxelane.

RIGHT TO CANCEL

The User expressly undertakes to provide Luxelane with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from Luxelane.

In case Luxelane discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorised or the information provided by the User or any of the travellers is not correct or that any fact has been misrepresented by that User, Luxelane shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Luxelane shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches Luxelane to cancel any booking, Luxelane will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold Luxelane responsible for any loss or damage arising out of measures taken by Luxelane for safeguarding its own interest and that of its genuine customers. This would also include Luxelane denying or cancelling any bookings on account of suspected fraud transactions.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

Luxelane’s employees or authorised representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.

Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information. If you are ever asked for any of the aforesaid information, please report it immediately on report@luxelane.co.in

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Luxelane, its affiliates and their respective officers, directors, lawful successors and assigns 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 such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Luxelane cannot be held responsible for the same.

UPI RELATED TERMS & CONDITIONS

Luxelane acts as a Third Party Application Provider (TPAP) under UPI

Luxelane is a TPAP authorised by NPCI to facilitate payments through PSP Bank(s). For this purpose ICICI Bank and IndusInd Bank shall act as the PSP. Luxelane is a service provider that participates in UPI through the PSP Bank.

Through the agreement entered into between Luxelane, ICICI/IndusInd and NPCI, Luxelane shall facilitate grievances, complaints and provide resolution to the customers using our UPI application.

Luxelane shall act as the first point of contact for all UPI related grievances/ complaints for its UPI customers. In the event the complaint or grievance remains unresolved, the User may escalate the issue to ICICI Bank/IndusInd Bank, followed by the User’s bank (linked to the UPI account) and NPCI thereafter, in the same order. If the User is still dissatisfied, the User may approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

FAQS

What is NPCI?: National Payments Corporation of India (NPCI) is an authorised payment system operated by RBI. NPCI owns and operates the UPI payment system.

What is PSP bank?: Payment Service Provider (PSP) is the banking company authorised to act as a service provider under the UPI framework. PSP engages the Third Party Application Provider (TPAP) to provide UPI services to the end-user customers.

What is TPAPs?: Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

What is Customer’s Bank?: The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.

Who is End User Customer?: The end-user customer is the individual who uses UPI payment facility to send and receive payments.

MISCELLANEOUS

SEVERABILITY: If any provision of this User 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 User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.

AMENDMENT TO THE USER AGREEMENT: Luxelane reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

CONFIDENTIALITY: Any information which is specifically mentioned by Luxelane as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

FEEDBACK FROM CUSTOMER: Luxelane would like to know the feedback of the Users for improving its services. The User hereby authorises Luxelane to contact the User for their feedback on various services offered by Luxelane. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to Luxelane for specific exclusion at report@luxelane.co.in

GRIEVANCE REDRESSAL: Luxelane strongly believes in resolving the issues raised by the User(s). In the event if the user feels that it’s concern has not been resolved to it’s satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 days from the date of escalation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer

TERMS OF SERVICE

FLIGHT TICKETS

TERMS OF THE AIRLINES

The airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.

Luxelane merely acts as a facilitator to enable the User to book a flight ticket. The contract of service for utilisation of the flight is always between the User and the concerned airline.

Airlines retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to Luxelane. As a facilitator Luxelane has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that a User may incur due to such change or cancellation of a flight.

Different tickets on the same airline may carry different restrictions or include different services and prices.

The baggage allowance on a given fare is as per the terms decided by the airline, and Luxelane has no role to play in the same. Some of the fares shown in the booking flow are “hand baggage fares” which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check- in baggage to a booking may vary from airline to airline. 

The User is advised to contact the airlines for detailed costs.

CODE SHARE

Some airlines enter into “code share” agreements with other Airlines. This means that on certain routes, the airline carrier selling or marketing the flight ticker does not fly its own aircraft to that destination. Instead, it contracts or partners with another airline to fly to that destination. The partner airline is listed as “operated by” in the booking flow.

If your flight is a code share, it will be disclosed to you in the booking process and prior to payment.

Luxelane will disclose any such code-share arrangements to the User, only when the ticketing airline discloses it to Luxelane in the first place.

PRICING

The total price displayed on the Website on the payment page usually includes base fare, applicable government taxes and convenience fee. Users are required to pay the entire amount prior to the confirmation of their booking(s). In the event the User does not pay the entire amount, Luxelane reserves its right to cancel the booking. User agrees to pay all statutory taxes, surcharges and fees, as applicable on the date of travel.

To avail infant fares, the age of the child must be under 24 months throughout the entire itinerary. This includes both onward and return journeys. If the infant is 24 months or above on the return journey, User will be required to make a separate booking using a child fare. Any infants or children must be accompanied by an adult as per the terms of the airlines.

TRAVEL DOCUMENTS

It shall be the sole responsibility of the User to ensure they are in possession of valid travel documents such as identity proof, passport, visa (including transit visa) etc. to undertake the travel. User agrees that in case of inability to travel for not carrying valid travel documents, Luxelane shall in no way be held liable.

User understands that the information (if any) provided by Luxelane regarding the travel documents is only advisory in nature and can’t be considered conclusive. The User shall ensure checking the requirements of travel with the respective airlines of the respective jurisdictions the User may transit through or choose to visit.

CHECK-IN TERMS

User should check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights.

User should carry valid identification proofs, passport, age proofs as may be required to prove the identity, nationality and age of the passengers travelling on a ticket, including infants.

USE OF FLIGHT SEGMENTS

In the event User does not embark on the onward journey, the entire PNR pertaining to that booking shall be automatically cancelled by the airline. In such a scenario Luxelane has no control in the said process nor will be obligated to provide alternate bookings to the User. The cancellation penalty in such an event shall be as per the applicable airline rules.

CHANGES TO EXISTING BOOKING

Any changes that are made to any existing booking shall be subject to certain charges levied by the respective airline, apart from the service fee charged by Luxelane.

The User shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the airline’s policy and fare class, charges for changes or modifications to existing bookings may vary.

REFUND

Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to Luxelane receiving the same from the airlines. However, the convenience fee paid to Luxelane at the time of booking is a non-refundable fee.

All cancellations made directly with the airline need to be intimated to Luxelane, in order to initiate the process of refund. The processing time for refunds may vary depending on the mode of payment, bank etc. The refund shall be processed after deducting the Luxelane service fee which is independent of the convenience fee as mentioned above.

The refund will be credited to the same account from which the payment was made. For example, if the User used a credit card, Luxelane will make an appropriate charge reversal to the same credit card; like-wise if the User used a debit card, Luxelane will credit the money to the same debit card.

In the event of cancellation and refund of partially utilised tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.

HOTELS

ROLE OF LUXELANE AND LIMITATION OF LIABILITY OF LUXELANE

Luxelane acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context includes all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.

All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to Luxelane. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. Luxelane will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.

INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL

The hotel booking voucher which Luxelane issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can Luxelane be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of Luxelane in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of Luxelane (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.

Hotels reserve the sole right of admission and Luxelane has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. Luxelane will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of Luxelane. No refund would be applicable in case the hotel denies check-in under such circumstances.

RESPONSIBILITIES OF THE USER

The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. Luxelane would not, in any way, intervene in the same.

The primary guest must be at least 18 years old to be able to check into the hotel.

The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.

Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out requests are subject to availability and the hotel may charge an additional fee for providing such services.

ADDITIONAL CHARGES BY THE HOTEL

The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilised by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.

Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year’s Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. Luxelane will have no control over waiving the same.

PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS

In “Prepaid” model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by Luxelane.

For security purposes, the User must provide Luxelane with correct credit or debit card details. Luxelane may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

Payment to be made either in INR 

Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.

Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by Luxelane and solely at the behest of the Hotel.

ACTIVITIES AND OTHER SERVICES

DEFINITIONS

‘Activity’ includes day tours & sightseeing, spa & wellness, adventure sports, cruise, theme/ amusement parks, buffets & dining or any other service/product booked on the Website. The provider of the Activity will be referred as ‘Activity Provider’, who shall be solely responsible for provision of the products/ services booked by the User.

ROLE OF LUXELANE AND LIMITATION OF LIABILITY

Luxelane’s role is limited to facilitating the procurement of an Activity service by the User from the Activity Provider. The transaction or the service fulfilment relation is always between the User and the Activity Provider

Luxelane shall not provide pick up and drop facility for any Activity unless otherwise explicitly mentioned in the confirmation of the reservation. Luxelane shall not be liable or responsible for:

• Any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, inaccurate information, deficiency of service/product, or cancellation due to conditions not under the control of Activity Provider
• The health, safety and well-being of the User in the course of availing the Activity or thereafter
• Any incidental or ancillary services which are directly purchased by the User from the Activity Provider 
• Any incorrect information provided by the Activity Provider.

The maximum liability of Luxelane will be limited to refund of booking amount which was received by Luxelane for reservation of the Activity.

RESPONSIBILITIES OF THE USERS

The User agrees to comply with the terms and conditions of Activity Provider in addition to Luxelane’s User Agreement and Terms of Service. The User will be required to present the booking / confirmation voucher issued by Luxelane in order to avail the Activity.

The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of Activity booked outside India or any other document as specified by the Activity Provider in order to utilise the Activity booked.

The User may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Activity where mandated by the Activity Provider.

The User shall reach out to the Activity Provider directly for any concerns subsequent to the confirmation of reservation.

The User should ensure that he qualifies all the eligibility criteria for availing the Activity including but not limited to age limit, weight limit, medical conditions etc. User understands that in case he is found unfit or illegible for the Activity, Activity provider may or may not allow the User to avail the said Activity.

PAYMENTS FOR BOOKINGS, AND CANCELLATIONS

Reservations will be subject to cancellation and refund policies of the Activity Provider which may vary from time to time. Luxelane may charge applicable taxes or service charge, convenience fees etc. wherever applicable.

VISA SERVICES

ROLE OF LUXELANE AND LIMITATION OF LIABILITY

Luxelane solely acts as a facilitator for visa processing and is not responsible for grant or rejection of User(s) visa in any manner whatsoever. Issuance of visa is a sole decision of the concerned Embassy.

Services offered by Luxelane should not be considered or construed as Visa advisory or consultancy in any manner as it acts on the instruction of the User.. User understands that he is solely liable to understand the requirement of Visa to undertake his travel booked for the desired destination country/Countries and then instruct Luxelane accordingly to initiate the Visa application process.

Luxelane role is limited to informing the User about the documentary requirements for applying for a visa of a specific country or jurisdiction, collecting those documents as provided by the User, and submitting those documents to the respective embassy or high commission. Such requirements for making a visa application (including, but not limited to, documentation, fees and time frames) are provided by Luxelane on the basis of the information provided by the respective embassy or high-commission. Luxelane cannot and will not advise on the merit, completeness, or the suitability of the documents, or the likelihood of approval or rejection of the visa being applied for.

Luxelane may also inform the average time taken for the processing of a visa application by the respective embassy or high commission. However it is User’s responsibility to approach Luxelane for application of Visa in a time bound manner so as to secure Visa prior to the date of departure.

Each country has varying requirements for passport and visa. For instance, certain nations require a minimum number of blank pages in succession or a certain minimum balance period of validity of the passport. These requirements are established by those respective countries and are subject to change without notice. While Luxelane will make best efforts to ensure that its User(s) are given, correct and updated information, there may be instances where the requisite information is not made available to Luxelane, as a result of which Luxelane may not be able to provide the same to its customers. In such cases, Luxelane will not be held responsible for any inaccuracy in such information.

The approval or rejection of a visa is at the sole discretion of the respective embassy or the high commission to which the visa application is submitted. Luxelane has no role in either assessing or processing the visa application. Such approval or rejection depends on a lot of factors, such as the information provided by User, current or previous nationality, place of application of visa, residence, gender, age, profession, recent travel and religion.

On the User’s behalf, the concerned consulate, embassy or high commission, may call the User for a face to face interview, at its sole discretion. Luxelane shall have no role to play in this process. Luxelane will however inform the User about the date, time and any other requirements as communicated by the concerned Embassy or High Commission for the interview.

Luxelane may also appoint third party vendors for the visa application process for different countries. Such third-party vendors will be responsible for applying for the visa of customers for the respective countries they have been appointed for.

For visa applications where submission of passports is required, Luxelane shall take all necessary steps to ensure that the passport is safely delivered to the User. However, Luxelane shall not be held liable if the passport is lost in transit or misplaced by the logistics service provider.

The countries for which the visa application services are being offered are mentioned in the visa section of the desktop site and the mobile app. The list of countries is subject to change at the discretion of Luxelane.

Luxelane shall not be held liable for the acts and omissions of any consulate, embassy, authorities in delaying or not issuing the visa for any reason whatsoever. Luxelane also cannot be held liable for any incidental cost/expenses in connection thereto incurred by the User. In certain instances, even when a visa is issued, the User may be denied entry as it is the local immigration authorities which have a final say on entry decision.

In addition to Visa certain countries may require additional conditions to be fulfilled. For example an “OK TO BOARD” approval may be required for User(s) travelling to Dubai. Users understand that it is the complete discretion of the concerned Airline/ department to grant or reject “ok to board” and Luxelane has no role to play in this regard. Luxelane merely acts as a facilitator between the User and the concerned department/ Airlines for application of OK TO BOARD. User(s) are required to provide valid communication details (mobile number/ email id) at the time of applying for the Visa / OK TO BOARD services, as these will be the only point of contact for timely update on the status of User Visa / OK TO BOARD application by Luxelane.

RESPONSIBILITIES OF THE USERS

By engaging Luxelane to facilitate the process of visa application, User authorises Luxelane to file necessary visa applications along with visa fees, embassy charges on his/ her behalf to the concerned embassy.

The User undertakes to provide the documents required for the processing of the visa, promptly to Luxelane. The User further undertakes that the documents submitted are genuine and further the information provided by the customer is true and correct. Luxelane shall bear no responsibility to verify the genuineness of the documents or the information provided.

User(s) are also required to provide to Luxelane all necessary and correct information, to allow Luxelane to submit applications for visa processing. Such information may include, but is not limited to, the User name, address, contact details, holiday destination, and any other information which Luxelane considers necessary for the purpose of processing the User’s visa application.

Once Luxelane returns passport and documents of a User to him/her, it is their responsibility to check that all requisite visas have been obtained and details mentioned therein are correct and matches to their travel itinerary. User shall also check his/her personal details mentioned on the visa issued.

In case of rejection, if User wishes to reapply/appeal against rejection of the visa, Luxelane shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process along with service fee to Luxelane. Unless otherwise applied by the User, Luxelane will not initiate reapplication of any visa application.

In certain cases, the third-party vendor appointed by Luxelane may refuse to submit the User’s visa application based on the credentials of a User, which may be decided on the basis of the documents submitted by the User. This will be done only in cases where the vendor is of the opinion that there exists a substantial risk of the visa being rejected. In such cases, if certain additional documents are required, the same will be informed to the User, and the application would be submitted only if the such additional documents are submitted and are found to be in order. However, if the application is not submitted by the vendor, the visa fee shall be refunded but the service fee of Luxelane shall remain nonrefundable.

PAYMENTS AND OTHER CHARGES

Luxelane will charge the User a service fee towards the cost of providing the services of submitting the application on the User’s behalf to the concerned embassy. This service fee is in addition to the visa fees, embassy charges and other similar fees by whatever name called or as prescribed by the respective embassy. Users shall pay the such service fee to Luxelane at the time of engaging Luxelane to provide the visa related services. Luxelane will not be liable to refund the service fees for any reason what-so-ever, even if the User ultimately decides not to submit the visa application, or if the visa application gets rejected.

In addition to the aforesaid service fees, any charges for logistics, i.e. pick up of documents, collection of passports, courier charges etc. or any other cost incurred by Luxelane beyond its regular scope of work shall be separately payable to Luxelane by the User.

Embassy fees, taxes, and other charges which are not there under the control of Luxelane are subject to changes made by embassies or government authorities without prior notice to Luxelane, and Luxelane cannot be held liable for this. Such fees, taxes and other charges are not refundable after the visa application is submitted to the respective embassy. The aforesaid is as per the guidelines of the respective embassy, and Luxelane has no control over the same.

OUTBOUND AND DOMESTIC TOURS

DEFINITIONS

“Independent Contractors” means hotelier or hotel owner, owner of any airlines or shipping company or railway ferryboat owner, coach owner, or any other person or organisation which has been selected to render services to the User.

“Outbound Tour” means a tour operated by Luxelane outside of India and includes, but is not limited to, brochure tours, special tours, packages, cruise, sightseeing, carnival, cosmos, star cruise etc.

“Tour Cost” means total booking cost of all the services booked by the User for his outbound tour.

“Booking Fees” means a non-refundable fee or token money deposited at the time of booking by the User.

“Brochure” means catalogue, leaflet, e-mail or any other document containing the details about the itinerary and activities on an outbound tour. “Infant” means a person below the age of 2 years and “child means a person above the age of 2 years and below the age of 12 years.

ROLE OF LUXELANE AND LIMITATION OF LIABILITY

Luxelane does not control or operate any airline, shipping company, coach, hotel, transport vehicles, restaurant, kitchen caravan or any other facility or service mentioned in the Brochure.

Luxelane shall not be responsible for any delay, improper service, standard of service provided by any service provider or any Independent Contractor, or for any injury, death, loss or damage which is caused by the act or default of any hotel, airlines, shipping companies, cruise, coach owners, tour operators who are Luxelane’s independent contractors.

Luxelane shall not be responsible for any act or actions of co-travelers, co-passengers which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided on the outbound tour.

Luxelane being merely a facilitator , shall not be liable for the following:

• Personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage or any kind of theft howsoever caused to the User or any person travelling with them.
• Any act, omission, default of any travel agent or third party or any other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the User or for any person traveling with him /her.
• The temporary or permanent loss of, or damage to, baggage or personal belongings howsoever caused including willful negligence on the part of any person. Any delay made in delivery of the service by the concerned service providers.
• Failure on the part of the airline to accommodate passengers despite having confirmed tickets for any reason whatsoever including overbooking, change of route etc. or failure on part of the hotel to allow check-in despite confirmed booking for whatever reason.
• Any claims of any dispute with the tour manager.
• Any claim arising due to delay at the airport and if the User has to wait at the airport or at the hotel for check-in due to any technical snag or any other reason not attributable to Luxelane, Luxelane shall not be liable for making any arrangements, including but not limited to food or any hotel arrangement in case of such delays.
• Any damages caused to the User due to reasons beyond the control of Luxelane.

In no event shall the entire liability of Luxelane for any claims directly and indirectly arising out of the tour exceed the total booking amount paid by the User.

There can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Luxelane is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide a similar alternative to its User or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operator. The User agrees that Luxelane being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds. The maximum liability of Luxelane in such events will be to refund the booking amount subject to receipt from the service providers.

BROCHURE

All information given in the Brochure is based on the information available at the time of publication. Luxelane reserves the right to change any information contained in the Brochure before or after booking the outbound tour due to any event(s) beyond the control of Luxelane.

In case Luxelane becomes aware of any change before the departure for an Outbound Tour, Luxelane will take all reasonable steps to notify the User before the departure for that Outbound Tour. In the event of Luxelane becoming aware of the changes post the departure for the Outbound Tour, the Luxelane tour manager or local representative will inform the User about the change.

The prices quoted in the brochure will be calculated at the rate prevailing at the time of printing of the brochure. Luxelane reserves the right to amend the prices published in the brochure in case of currency fluctuations, changes in the various gross rates of exchange, and/ or fuel costs, special/ high season charge levied by the suppliers, hike in the airline/ rail charges before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the departure by the User.

Apart from the instant Terms of Service and the User Agreement, some specific terms and conditions are mentioned against the respective Outbound Tour in the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the Luxelane User Agreement & Terms Of Service and are to be read in consonance with each other.

No claim of the User against any change in the Brochure regarding the Outbound Tour shall be entertained if such changes are due to reasons beyond the control of Luxelane.

MEALS AND SPECIAL REQUESTS

User acknowledge that hotels worldwide serve breakfast at different ( local) time or time as specified in the confirmed booking voucher. Users understand that Hotels do not pack or room deliver breakfast. The meal has to be consumed when served. If the User misses breakfast due to any reason, no claim for the same shall be entertained.

Luxelane may, in its sole discretion, entertain the requests for special meals, room allocations subject to such requests being honoured by respective service providers. Luxelane would take all the necessary steps to ensure that these special requests are honoured. However, in the event that such special requests are not honoured, Luxelane would not be liable for any claim in this regard by the User. Extra cost, if any, for special meals or any such special requests have to be borne by the User.

User shall bear the additional charges of any special meal if purchased by him/ her and shall not be entitled to recover the same from Luxelane.

If the User fails to avail the meal due to the fault of Luxelane, then Luxelane’s liability is limited to the proportionate amount that the User had paid Luxelane for the meal while booking the outbound tour.

FORFEITURE OF DEPOSITS

Luxelane may require the User to pay a non-refundable interest-free booking fee at the time of booking the tour.

In the event that the User cancels the booking or fails to adhere to the tour payment schedule as informed in the documentation checklist or in the event that the visa of the destination country is not granted or the User is unable to travel on the tour booked due to any personal reason, including medical ground or sickness, cancellation charges will apply as communicated to the User by Luxelane.

Users acknowledge that booking of air tickets, hotels for a tour is done parallel to visa processing to ensure the availability as per the proposed itinerary. In the event of any denial or rejection of visa, Luxelane shall be entitled to recover any cost incurred in making such bookings by way of deducting cancellation charges as specified hereinabove. User acknowledges that such charges are just and fair and are deducted towards expenses that Luxelane incurs towards making bookings at the request of the User and consequent cancellation or non-travel by the User.

CANCELLATION DUE TO VISA REJECTION

All the Users travelling on an outbound tour must be in possession of a valid visa (including transit Visa) to enter all the countries in which the Users intends to visit or pass through as a part of the outbound tour.

User(s) whose visas are not granted by the concerned consulates, must intimate Luxelane immediately about such rejection. Luxelane will deduct applicable cancellation charges in addition to any additional visa expenses incurred and refund balance amount if any.

In case of rejection, if User wishes to reapply/appeal against rejection of the visa, Luxelane shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process alongwith service fee to Luxelane. Unless otherwise applied by the User, Luxelane will not initiate reapplication of any visa application.

REFUNDS

Luxelane is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled for a refund is subject to Luxelane receiving the amount from the said service provider. User acknowledges that Luxelane shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of Luxelane. In such events the User shall directly approach the service provider for any claims.

In case the User makes any changes in their accommodation while on the Outbound Tour, Luxelane shall not refund or pay compensation in any manner whatsoever. The User would also be liable to pay any additional sum that is required to be paid consequent to the aforesaid changes made in the accommodation.

In the event of any delay in the refund beyond the period specified herein, the entire liability of Luxelane shall be refund of the said amount with interest calculated at the applicable bank rate till the date the refund is made.

AMENDMENTS

In the event of Luxelane amends or alters any tour or holiday after such a tour or holiday has been booked, the User shall have the option to continue with the tour or holiday as amended/ altered, or to accept any alternative tour or holiday which Luxelane may offer.

In either of these cases above, the User shall not be entitled to nor Luxelane be liable to the User for any damage, additional expenses or consequential loss suffered by the User. Luxelane’s liability in such cases shall be only to refund the amount of the cost of the said tour to the User (after deducting the actual expenses incurred by Luxelane for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.