Website Terms and Use
A2. Information About US
- A2.1 This website is owned and operated by UMOJA Travels, Private Limited. We are registered in Mumbai, India and have our registered office at 83 WorliSeaface,Mumbai, 400030 India.
A3. Accessing Our Site
A4. Transactions Concluded Through Our Site
- A4.1 Contracts for the supply of services formed through our Site are governed by our booking terms and conditions.
A5. Links to Other Sites
- A5.1 You must not link (including deep linking) to our Site without our prior written agreement.
- A5.2 This Site may contain links to other sites. Except where they belong to us, such other sites are not under our control or maintained by us. We are not responsible for the content of such sites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other sites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other site) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means.
- A6.2 You may not use our Site:
- (a) in any way that breaches any applicable local, national or international law or regulation;
- (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- (c) for the purpose of harming or attempting to harm any third party in any way (in particular minors);
- (e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of solicitation; or
- (f) to knowingly transmit any viruses, worms, Trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs.
- A6.4 We make no warranty that this Site (or any sites that are linked to this Site) is free from technical errors, computer viruses or any other malicious or impairing computer programs.
A7. Intellectual Property Rights
- A7.1 All concepts, information and materials contained in or displayed on the Site (other than any User Generated Content) are the proprietary property of us or our licensors, and are protected by copyright, trade secret, and other applicable laws.
- A7.2 This Site is for your personal and non-commercial use. No part of this Site may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce,publish, license, create derivative works from,transfer,sell or in any other way use
- A7.3 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process,to access, acquire, copy or monitor any portion of our Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to monitor and to bar any such activity and your use of the Site hereby authorizes us to monitor your use of the Site and its content.
A8. Interactive Services
- A8.1 We may from time to time provide interactive services on our Site, including, without limitation, the ability to upload content, blogs or customer reviews (“Interactive Services”).
- A8.2 Any material (which may include photos, blogs, postings and comments) that you upload on to the Site via the Interactive Services or otherwise, or for the purposes of general publication (“User Generated Content”) will be considered non-confidential and non-proprietary, and we will have the worldwide and sub-licensable right to use, copy, distribute disclose and make available to third parties any such material for any purpose connected with the Site. You further undertake not to upload any offensive/obscene/defamatory or otherwise unlawful content. You understand and accept that the responsibility/liability for any such content shall be solely yours and the Site reserves the discretionary right as to whether or not to display your content.
- A8.3 The Site is also a venue for content supplied by third parties and visitors to the Site including feedback submitted by website users on accommodation which they booked through the Site.We reserve the right to choose whether we publish such feedback or not, and to edit any such feedback in accordance with our normal and reasonable moderation process, including in the interests of clarity and brevity. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Principals,are those of the respective parties and not necessarily those of i-escape. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
A9. Data Protection
- A10.1 No warranties, promises and/or representations of any kind, express or implied,are given as to the accuracy or completeness of any of the material or information contained on this Site or as to the nature, standard, suitability or otherwise of any services featured on this Site. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this Site including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this Site or any inability to access or use (or delay in doing so) this Site. Should you decide to purchase services from us via our Site, our liability in relation to the supply of such service shall be governed by our booking terms and conditions.
- A10.4 Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this Site and/or any services offered by us or on our behalf.
A11. Non-Reliance of Information
- A11.1 The information contained on this Site may contain inaccuracies (including factual inaccuracies) and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. We have the right to change the prices of the accommodation arrangements featured or mentioned on this Site at any time without prior notice. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so. You must ensure you check all details of the chosen holiday or travel arrangements (including the price) at the time of booking. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.
- A11.2 Commentary and other materials appearing on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
- A11.4 The assessment conducted by our experts will provide an accessibility description of the property on a particular date and is only valid for that date. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so
A13. Applicable Law
- A13.1 We are an Indian registered company. Our business and the services (as booking agent) we offer are governed by the applicable laws of India. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on this Site, the services offered by or on behalf of us, any information relating to such services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
- A13.2 Access to this Site is conditional on your agreement that all information contained in it and all matters, which arise between you and us, will be governed by India.
Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of India only to the
exclusion of the Courts of any other country.
B. Booking Terms and Conditions
The following terms and conditions apply to your booking:
- B1.1 We, UMOJA Travels, Private Ltd., a Mumbai, India registered company (see below for contact details), trading as umoja.in, may act as a web-based booking agent in the booking of your accommodation, including accommodation specific extra activities where relevant, (Accommodation) and/or all itinerary bookings (Other Services). For the avoidance of doubt we are not a travel agent or a tour operator.These terms and conditions set out the basis on which we arrange your Accommodation and/or Other Services. Your contract will be with the Accommodation provider and/or the Other Servicesorganizer (referred to from now on as the “Principal(s)”) and their booking conditions will apply. Payment and cancellation policies are detailed in your booking information but you may be subject to additional terms and conditions from the Principal in relation to, inter alia, security deposits payable on arrival at your accommodation.We advise you to obtain these from the Principal and read them carefully. As an agent we accept no responsibility for the provision of the Accommodation or the Other Services made by the Principal with whom you have a contract. All Accommodation and Other Services sold through us are not offers by us to sell the Accommodation and/or the Other Service, but an invitation to you to make an offer to the Principals of the Accommodation and/or the Other Service. We are free to accept that offer on behalf of those Principals or to reject it. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
B2. Making a Booking and Payment
- B2.1 Your reservation will become confirmed once you have sent an on-line confirmation, provided your credit card details, paid any required deposits or provided a guarantee by way of credit card pre-authorization and when the Principal acknowledges receipt of your deposit or guarantee and confirms your booking. Any other amounts due from you, other than any cancellation fees collected by us on behalf of any Principal, will be charged directly to you by the Principal concerned. As such, we accept no liability in relation to any contract you enter into or for any services or arrangements you purchase or for the acts or omissions of any Principals or other persons or parties connected with any arrangements. By accepting these terms and conditions you agree that the Principal, or us on the Principal’s behalf, can charge your credit card with applicable deposits or take a guarantee by way of credit card pre-authorization and that any applicable cancellation charges can be charged to the credit card details provided. Please be aware that your booking
- B2.2 In most cases we will charge an initial non-refundable deposit on behalf of the Principal. These deposits are charged in USD. If the deposits are quoted in another currency, they will be charged at the equivalent sterling amount using the current daily market conversion rate as showing on XE.com. Conversion rates used by us are believed to be accurate, but we do not warrant or guarantee such accuracy, and actual rates may vary. Where deposits are charged directly by Principals their own conversion rates will apply. Please be aware that if you are making payment from a non-dollar bank account you may be subject to additional charges from your bank.
- B3.1 Prices displayed on Principal rates pages, and special offers displayed throughout the website, are intended as a best possible guide, but do not constitute a firm offer or a guarantee of rates for any particular stay. Likewise any rates shown during the initial enquiry process (i.e. before a Principal has replied with a quote for a specific stay) are intended as a best possible guide, but do not constitute a firm offer or a guarantee of rates.
- B3.2 Prices displayed on rates pages may be converted for reference, but this is for guidance only.
- B3.3. Whilst we make every effort to ensure that any taxes listed are correct, we accept no responsibility if taxes shown (whether included in quoted prices or excluded from quoted prices) are incorrect, or if they change between the point of enquiry and the point of booking confirmation, or between confirming a booking and the date of the trip, or at any other time.Taxes will always be due at the rate in force at the moment of making any applicable payment.
B4. Responsibility for Your Booking
- B4.1 All bookings for Accommodation and Other Services are subject to the booking conditions of the Principal. You are responsible for reading the Principal’s booking conditions.
- B4.2 Any services provided by Principals will be subject to the terms and conditions of these Principals or their service providers and will be governed by the laws of the country in which they operate. For example where tours, trips, transfers, accommodation and other services are provided, these are subject to their own terms and conditions and the laws of the country in which they operate and all details relating to applicable terms and conditions should be verified with the relevant Principals.
- B4.3 We do not accept responsibility for your direct dealings with the Principals (or any other service providers they may use), or the provision of their services once the introduction has been made. All Principals featured on umoja.in are themselves responsible for providing you with the final quote and the terms and conditions of your booking. Our responsibilities are limited to making the booking, in line with your instructions. We do not accept responsibility for any information about the Accommodation and/or Other Services that we pass onto you in good faith.
- B4.4 Whilst we make every effort to ensure the accuracy of the information published on umoja.in, we cannot be held responsible for any errors, omissions or changes that may have occurred. All recommendations, opinions expressed and prices regarding properties and/or destinations displayed on umoja.in are provided for guidance only. Services and facilities can be withdrawn at short notice and we do not accept any liability for the descriptions given. Our assessments have in some cases been conducted by experts and are based on international accessibility standards; individual opinions may differ. All maps on the umoja.in website are intended as a guide to location, not an exact pinpoint, and no guarantee is made that the positioning is accurate.Any directions provided by us are provided in good faith but we accept no responsibility for any errors or omissions.
- B4.5 We are an agent of each of the Principals to the extent that we may charge a non-refundable deposit or recover cancellation charges on behalf of a Principal, in accordance with the Principal’s terms and conditions. Otherwise, we are an independent contractor and nothing on this website shall be construed to imply that there is any relationship between us and any of the Principals whose accommodation or products are contained or referred to in this website. We do not accept liability for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of doubt and not by way of limitation,any use of any information or material contained in this website or any inability to access or use this website.
- B4.6 However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the initial non-refundable deposit that you pay to us or in the event that you do not pay an initial deposit, to 15% of the total accommodation cost. All exclusions of liability apply only to the extent permitted by law.
B5. Your Responsibility for Your Booking
- B5.1 You are strongly recommended to take out personal travel insurance, at the time of booking, for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs.B5.1 You are strongly recommended to take out personal travel insurance, at the time of booking, for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs.
- B5.2 Parents are responsible for ensuring children are supervised, and should be careful not to book any excursion or activity that could prevent a risk to their children
- B5.3 It is your responsibility to obtain valid visas (if necessary) and comply with all local health and custom requirements applicable to the place visited. Travel to certain
destinations may involve greater risk than others and we recommend that you check the latest advice from the Foreign and Commonwealth Office before you travel. By offering travel to particular destinations we are not representing or warranting that travel to those destinations is without risk.
- B5.4 You are responsible for ensuring that your booking is appropriate for you and any other members of your booking. If you are in any doubt as to the suitability of an Accommodation or Other Services we recommend that you make your own further enquiries to verify suitability.
B6. If you want to Change or Cancel Your Booking
- B6.1 If you need to cancel or amend a confirmed booking, cancellation/amendment charges may be payable to the Principal.The amount of such charges will depend on the Principal’s cancellation policy and usually varies according to the period of notice given.
- B6.2 You may cancel or change your prepaid reservation with the Principal, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the reservation with the Principal. If you do not cancel or change your reservation before the cancellation policy period applicable to the Principal you reserved, which varies Principal-to-Principal (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
- B6.4 You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you have paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact us on [email protected] will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
- B6.5 In the unlikely event that a Principal needs to cancel or amend a booking it may be able to offer an alternative or provide a refund, depending on its cancellation policy.
- B6.6 To cancel your bookings you will have to contact the Principal [email protected], mentioning your itinerary number(s) as per the principal’s records, within the policy period as applicable to the concerned Principal. The details pertaining to the Principal’s cancellation policy shall be provided to you in the booking confirmation email.
B7. Refunds for Principal Bookings:
- B7.1 For all Principal Bookings, by making a reservation with a Principal, you agree to the Principal’s terms and conditions of booking, as well as its cancellation, refunds
and no-show policy – please read these carefully before making your reservation. Please note that certain rates or special offers are or may not be eligible for cancellation or change, and you will not be entitled to any refund of prepaid amounts. Please check the conditions thoroughly prior to making your reservations. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds will be at your own risk and account. For any alteration, review, cancellation or any adjustment to your reservation, please follow the instructions provided to you by the Principal, which may be set out in the confirmation e-mail. The Principal may charge you a fee for your cancellation or amendment in accordance with its policies.
- B7.2 Refunds for any cancellations shall be initiated by us pursuant to confirmation from the Principal within 20 – 25 business days vide the same mode through which
the payment was made by you; however, the length of time required for the funds to be credited to your account is determined by your financial institution. Please check with your financial institution on their specific rules regarding returned or refunded transactions. A delay in refund may also occur when there is a discrepancy between the acquiring bank and your issuing bank. Refunds limited to 1 per booking. If your travel arrangements are subject to more than one change, it may be necessary to cancel the entire booking; any eligible refunds will be sent to your financial institution to credit your account in accordance with its policies. Rebooking your travel will require a new and separate payment.
- B7.3 The Principal has no obligation to issue refunds if: (i) we have received payment ninety (90) or more days prior to our receipt of the refund request for a booking transaction; (ii) the purchase requires more than one refund or credit; (iii) in response to a disputed booking appearing on your statement from your financial institution, your financial institution issues you a refund for the disputed booking transaction and sends us a charge back on the transaction (a charge back reverses the payment you made to the us for the refunded transaction); (iv) the booking is for non-refundable travel products or services; (v) you cannot provide us with full and accurate information required to complete the refund or credit; (vi) the refund request has already been processed, but has not yet been applied to the originating source of the payment; (vii) the refund request directs us to issue the refund to a different financial institution than the source where the original payment was received; (viii) we did not receive the payment for which the refund request is made due to force majeure or other causes beyond our direct control; or (ix) the booking is aPrincipal Booking, where the refunds of any amount advanced to the Principalshall be the sole responsibility of such Principal.
- B8.1 Because the contract for your accommodation and/or Other Services is between you and the Principal, any queries or concerns should be addressed to them. If you
have a problem during your trip, this must be reported to the Principal or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity for the Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to from the Principal may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, you should address your complaint to the Principal.
B9. Credit Cards
- B9.1 In order to make a reservation through our website, you are required to provide your credit card details. The payment is then either processed offline by the Principal or we charge a deposit on behalf of the Principal. Details are at all times handled securely and only for the purposes of confirming reservations, applying refunds or, in the event of no shows or cancellations, applying cancellation charges in accordance with agreed payment and cancellation policies. Secure transactions can be identified by the presence of a closed lock in most browsers. We also employ industry-standard security measures to protect your information from access by unauthorized persons and against unlawful processing.
- B9.2 Our booking system includes a facility for the user to send messages to the Accommodation provider, and vice versa. As is common practice with all web based messaging systems, we may monitor messages from both parties to ensure, inter alia, that they are clear and unambiguous to both parties, and that they are not offensive, defamatory or potential scams. We also reserve the right to remove either party’s direct contact details from such messages, as these are provided automatically to both parties when a booking is confirmed. Providing them earlier may result in two parallel lines of communication about the same booking, which in turn may lead to confusion about its current status and other details.
- B10.1 The booking information that you provide to us will be passed on only to the relevant Principal or other persons necessary for the provision of your accommodation. The information may therefore be provided to public authorities such as customs or immigration authorities if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies for the purposes of processing your booking. If we cannot pass this information on as above, we will be unable to provide your booking. In making
- B10.2 Our booking system includes a facility for the user to send messages to the Accommodation provider, and vice versa. As is common practice with all web-based messaging systems, we may monitor messages from both parties to ensure, inter alia, that they are clear and unambiguous to both parties, and that they are not offensive, defamatory or potential scams. We also reserve the right to remove either party’s direct contact details from such messages, as these are provided automatically to both parties when a booking is confirmed. Providing them earlier may result in two parallel lines of communication about the same booking, which in turn may lead to confusion about its current status and other details.
B11. Governing Law and Jurisdiction
- B11.1 These terms and conditions are subject to Indian Law and the Courts of India shall have sole jurisdiction.