Terms and Conditions (“T&Cs”) governing the InterBook Platform:
InterBook is the new member exclusive hotel stay offering platform by InterMiles Programme (“Interbook Platform”). These T&Cs form the basis of Interbook Platform and apply to the relationship between the customer (hereinafter referred as “User” or “you” or “your”) (being a Member (or prospective Member) of the InterMiles Programme, and Jet Privilege Private Limited (hereinafter referred as “Company” or “us” or “we”) and are intended to protect both User and the Company.
The terms of the general T&Cs governing the InterMiles Programme (“T&C InterMiles Programme”) provided at InterMiles terms and conditions shall form an integral part of the T&Cs of this InterBook Platform. Those provisions /definitions not specifically defined/used under this T&Cs, shall have the meaning assigned to them under the T&C InterMiles Programme.
Membership Agreement
It is the responsibility of the User to read and understand them before quoting your InterMiles Account number to any Programme Partner. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply. Some of the clauses may be related to other clauses, and therefore we recommend that no clause be read in isolation. Quoting your InterMiles Account number to any Programme Partner is considered as an acceptance of these T&Cs. These T&Cs are effective as at the date of their publication and may be changed / modified by us at any time. Further, the user shall read the terms and conditions of the service providers of JPPL at Supplier Terms and conditions
These T&Cs set out the contractual relationship between the Company and each individual Member of the InterMiles Programme.
1. ROLE OF INTERMILES AND LIABILITY
1.1 Through the website: www.interbook.intermiles.com (“Website”), the Company merely acts as a facilitator and merely provides an online platform to the User in the form of Interbook Platform to select and book a particular hotel which in this context includes all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations (“hotel”).
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 service provider to the Company (“Service Provider”). This information is for reference only. This entity/person providing the hotels shall be referred to as “Hotel Provider”. Hotel Provider provides the information pertaining to the hotels to the Service Providers. Interbook platform is not liable for any issues/concerns or any discrepancy in relation to the pictures on the Website and actual settings of the hotel The Company will have no liability with respect to the acts, omissions, errors, discrepancies, representations, warranties, breaches or negligence on part of the Service Provider.
1.2 The liability of the Company is limited to providing the User with a confirmed booking as selected by the User (subject to the provision of paragraph 2.3 below).
Unless explicitly committed by the Company through our InterBook Platform, as a part of any service:
• The Company assumes no liability for the standard of services as provided by the respective Service Provider/Hotel Provider.
• The Company provides no guarantee with regard to their quality or fitness as represented
• The Company doesn't guarantee the availability of any services as listed by a Service Provider/Hotel Provider.
By making a booking, User understands that the Company merely provides a technology platform for booking of services and the ultimate liability rests on the respective Service Provider and not on the Company. Thus the ultimate contract of service is between the User and Hotel Provider.
1.3 We reserve the right not to accept the bookings made by the User (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason as deemed fit by us, without the need to justify such refusal.
Typical reasons for rejecting the User’s booking request(s)/cancelling the confirmed booking include, but are not limited to: reselling of hotels booked through the Website on an individual or mass basis without our prior written approval (“Reselling”), breach of the T&C, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by the User of misleading or erroneous information, payment instrument problems, inappropriate behaviour, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, etc. In case a booking is rejected or cancelled by the User and a payment has already been made, the User will receive the applicable refund of the total booking value, except in the case of unauthorized reselling, or in any other appropriate case that we determine in our sole and absolute discretion where we reserve the right not to refund the total booking value or any part thereof. Refunds will not be issued in the event of unauthorized reselling due to many negative factors including: (i) the disadvantage such practices impose on our authorized and contracted Service Provider who provides the Company with inventory on a contracted and trusted basis; and (ii) the loss and negative brand impact caused to the Company due to unauthorized resellers attempting to undercut the Company business which may include placing the resold inventory on Website run by competitors of the Company without our knowledge. We also reserve the right to bar (“Blacklist”) Users from the Website, on a permanent or temporary basis, at our discretion. Any such blacklisted User must not attempt to use the Website under any other name or through any other user.
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Website (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. The booking or awarded points will be adjusted, or, where relevant, the amount charged will be reimbursed without charge. In such cases whether to cancel or reject a booking for this reason is in the Company’s sole discretion.
1.4 Intermiles reserves the right to charge member value pack fees for hotel booking the Service, cancelling the booking and modification of the booking in addition to the fares, fees and taxes Intermiles further reserves the right to alter any and all fees from time to time, without notice.
1.5 Member Value Pack Fees will not be refunded in case of booking cancellation.
2. BOOKING AND ACCOMODATION AT HOTEL
2.1 To confirm a booking, User must be authorized to make the booking by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. Therefore, to confirm a booking it is necessary that all rooms have at least the name of one customer. By making the booking, User is confirming that all persons named on the booking accept the T&Cs and that the User will inform the other persons named on the booking of the confirmation details and any other appropriate information.
2.2 User shall carefully check the dates, the price, the destination and the hotel details before completing any booking. Information relating to the cancellations policy, costs and details applicable to the booking will also be displayed during this process.
2.3 Users are only permitted to book up to 5 rooms per stay for an individual booking. Should you submit a booking of 6 or more rooms per stay, either in one or several individual bookings, then this will be considered a “Group Booking”. Group Bookings will be subject to confirmation by the hotel and may result in modification or cancellation of such booking or booking terms at the Service Provider’s discretion.
2.4 The Company will confirm the booking to the User by sharing a confirmation e-mail containing a booking voucher and booking confirmation number with the User.
2.5 User shall be liable for obtaining the documentation required at destination (such as visas, ID’s, passport, medical documents etc.) and the Company shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance with any requirements.
2.6 Hotel services
2.6.1 Children: Special conditions for children are agreed upon with each Hotel Provider and are not based on any one criteria; therefore, and given that each hotel applies its own special conditions or discounts, User shall enquire about this point when making their booking. Such discounts or special conditions must be understood as applicable only when children share a room with 2 adults.
2.6.2 Cots/cribs and its availability is subject to the Hotel Provider’s confirmation. In the event that this service is required, please indicate this when making the booking, as some hotels have a limited availability of such items. This extra service can be paid by you directly at the hotel, if required.
2.6.3 Third Person in accommodation services: Almost all hotels will treat a booking for a third person as a double room with an extra bed. The User shall consult the supplement and/or discount applicable for an extra bed to be occupied by an adult, as this varies depending on the hotel. There are hotels with very few available extra beds, so it is imperative that User ensures their availability when making their booking. Failure to do this may result in non-availability of the extra bed at the hotel, with no right to claim any service provision or amount whatsoever.
2.7 Additional Payments
2.7.1 In some countries, there is a local tax known as "visitors' tax", “city tax” "tourist tax" (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the User at the hotel and/or at the airport. The Company shall use reasonable endeavors to provide, at the time of booking, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”). Notwithstanding the foregoing, the Company does not warrant that the Local Tax/Fee Estimations shall be accurate and User acknowledges and agrees that the Local Tax/Fee Estimations are provided as estimates only. User further acknowledges that Local Taxes and Fee Estimations, may change from time to time. As a result, the Company cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately your responsibility.
2.8 Important Disclaimers
2.8.1 Throughout the year, some hotels may change name or trade name, which shall not be construed as a change of hotel or modification of the booking.
2.8.2 The categories of the hotels have been provided by the Service Provider themselves and are in accordance with specific regulations applicable in each country. A hotel in one country, therefore, may not be similar in terms of services and quality to a hotel in another, despite belonging to the same category.
2.8.3 The Company provides the information supplied by the Service Provider regarding the existence of works of refurbishment or renovation of the hotel, as well as duration thereof. The Company shall not accept claims for works about which it has not been informed or which extend beyond the planned date of conclusion thereof.
2.8.4 In some countries the legal adult age may differ depending on the relevant local legislation. It will be the sole responsibility of the User to ensure that he/she is at least of legal age in order to check-in to the hotel.
2.8.5 The booking amount paid by the User is only for stay at the hotel. Most hotels may request a holding deposit on credit or debit card from the User upon arrival at the hotel for incidental charges incurred during the User’s stay, including but not limited to, breakfast and/ or meals as confirmed at the time of booking, long distance telephone charges, room service, resort fees, in-room movies, damage or theft of property belonging to the hotel, mini bar usage and other such amenities.
3. INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL
3.1 The hotel booking voucher which the Company issues to the User is solely based on the information provided or updated by the Service Provider on behalf of the Hotel Provider regarding the inventory availability. In no circumstances can the Company be held liable for failure on part of a Service provider or Hotel Provider 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 the Company in case of denial of check-in by a hotel for any reason whatsoever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to refunding the booking amount to the extent possible to the User. Company however assures its Users that it shall assist all such users in best possible manner when this situation arises.
3.2 Service Provider reserves the sole right of admission and the Company has no say whatsoever in admission or denial of admission by the Service Provider. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation at the hotel may be denied to guests posing as a couple if suitable proof of identification is not presented at the time of check-in. Some hotels may also not allow local residents to check-in as guests. The Company 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 the Company. No refund would be applicable in case the hotel denies check-in under such circumstances.
4. RESPONSIBILITIES OF THE USER
4.1 User would be liable to make good any damage(s) caused by any act of the User 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 Provider and the Company would not, in any way, intervene in the same.
4.1.1 The primary guest must be at least 18 years old to be able to check-in into the hotel.
4.1.2 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 the User if a valid identity proof is not presented at the time of check-in.
4.1.3 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 request is subject to availability and the hotel may charge an additional fee for providing such services.
4.2 Prices for Accommodations -
4.2.1 Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by them. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel and the Company will have no control over waiving the same.
4.2.2 Booking of a hotel can either be "Prepaid", or "Pay at hotel" as per the options made available by a hotel on the Website.
• In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself.
• In "Pay at hotel" model, the total booking amount is paid by the User on arrival at the hotel.
Such total booking amount includes the hotel reservation rate, taxes, and service fees as may be charged on behalf of the Service Provider. In addition to the cost of booking as charged by the Service Provider, the Company reserves the right to charge certain fees in the nature of convenience fees or service fees. The Company further reserves the right to alter any and all fees from time to time. Any such additional fees, including fees towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
4.2.3 At the Service Provider, Hotel Provider or the Company’s sole discretion on case to case basis, the User may also be provided with an option to make a part payment to the Company at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide the Company with correct credit or debit card details. The Company may cancel the booking at our sole discretion in case such bank or credit card details as provided by the User are found incorrect.
4.2.4 In the rare circumstance of a booking not getting confirmed for any reason whatsoever, the Company will process the refund of the booking amount paid by the User and intimate the User about the same. The Company is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. Company however assures Users that it shall on a best effort basis assist Users to secure a equivalent or better accommodation by working closely with its Service Providers. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the Service Provider as the case may be.
4.2.5 Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.
4.2.6 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 the 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.
4.2.7 Some Hotel Provider may require the 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 the Company and solely at the behest of the Hotel Provider.
4.2.8 In case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the Hotel Provider.
4.2.9 Any increase in the price charged by the Company on account of change in rate of taxes or imposition of new taxes or levies by Government shall have to be borne by the User. Such imposition of taxes or levies may be without prior notice and could also be retrospective but will always be as per applicable law. The User agrees and understands that all payments shall only be made to bank accounts of the Company.
4.2.10 The Company shall not be held liable for any costs/expenses/claims etc. for any charges/rates provided by the Service Provider in respect to the hotel bookings.
5. BOOKING CONDITIONS - CANCELLATIONS, MODIFICATIONS, NO-SHOWS, EARLY DEPARTURE AND LATE CHECK-OUT – SPECIFIC HOTEL POLICIES - SPECIAL NEEDS – ADDITIONAL SERVICES
5.1 By making a hotel reservation on our Website, the User accepts and agrees to the relevant hotel booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Hotel Provider that may apply to their reservation or during their stay, including for services rendered by the Hotel Provider (the delivery terms and conditions of the Hotel Provider can be obtained with the relevant Service Provider). The general cancellation and no-show policy of each Hotel Provider is made available on the Website at the Hotel Provider information pages or under “Important Information”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that the User may be charged for the cancellation in accordance with the Hotel Provider’s cancellation and no-show policy, in some cases for the entire stay or the first night.
5.2 We recommend that the User read the cancellation and no-show policy of the hotel carefully prior to making their reservation. If you fail to check-in to the hotel on time on the day of your reservation and do not alert the Hotel Provider, the remaining portion of the reservation may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel. For no-shows or early check-outs, the Hotel Provider may charge the full amount of the original booking, in which case reimbursement shall not apply. Regardless of the hotel’s cancellation policy, the Company reserves the right to charge a cancellation fee, this will be indicated on the Website. Please carefully check the details thoroughly for any such conditions prior to making the reservation. Some Service Providers will charge extra for early or late check-outs. Also, in the event of any external hazards, it will be sole discretion of the Company to decide whether to refund fully or partially to the bookings made.
5.3 Unless expressly authorised, User shall not be allowed to reduce the reserved period of stay or requested service, nor change the names of the User once booking has been confirmed. Any such changes shall be deemed to be a cancellation of the booking. Modifications to extend the reserved period shall be subject to availability, in the event of an extension, the price shall be modified accordingly.
5.4 Refunds, if any, on cancelled/modified/failed 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.
5.5 If the User wishes to review, adjust or cancel their reservation, please revert to the confirmation email and follow the instructions therein, use our self-service by logging in to Intermiles account and clicking on “My Bookings “section or contact customer service.
5.6 Claims for reimbursement by the User leaving the hotel before the reserved departure date (early check-out), must be addressed to us within 10 days of the effective date of departure, together with written confirmation from the hotel of time and date of departure. The decision pertaining to refund amount shall be solely of Company. Company upon its internal audits and checks shall process the applicable refund to the guest.
5.7 Many hotels have specific policies around children, accompanying travellers and/or traveling with pets. As indicated above, the Users are strongly advised to check with customer service, the Hotel Provider itself or to verify the hotel policies.
5.8 Special Needs
If the User has special needs (e.g., wheelchair accessible room, room with a window, cake for someone, Champagne etc.) they must contact customer service or the Hotel Provider directly and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by the Company. Depending on the policy of the applicable hotel, the reservation will be refunded, cancelled or modified if special needs cannot be met of the User. If available, the request made by the User will be confirmed upon arrival.
5.9 Travel Advisory – Visa Requirements
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.
By displaying the hotel in particular destinations, the Company does not represent or warrant that travel to such points is advisable or risk-free and the Company can never be held liable for damages or losses that may result from travel to such destinations. The Company can under no circumstances be held liable for any incidents occurring during the stay of a User at the hotel. Users are strongly advised to check the relevant travel advisories issued by the relevant government of the country they are visiting and to take the necessary precautions. Users are also advised to take personal travel insurance.
The Company cannot be held liable for any loss incurred in the event of failure on the part of User to hold the necessary passports, visas and documentation for their journey. Users are advised to check with the relevant embassies, consulates and/or visa departments of the countries they wish to visit. It is the responsibility of the User to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is the responsibility of the User to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.
6. PRIVACY POLICY AND DATA LEGALITIES
6.1 ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO THE USER ON AN "AS IS," "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
6.2 UNLESS THE COMPANY IS AT FAULT FOR INTENTIONAL OR WILFUL MISCONDUCT, OR GROSS NEGLIGENCE, THE COMPANY CANNOT BE HELD LIABLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUSES OR OTHER TECHNICAL DEFECTS, WHETHER HUMAN OR TECHNICAL IN NATURE.
6.3 LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, THE COMPANY SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
6.4 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY AND RELATED COMPANIES, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE, STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) USER’S INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH USER’S PERSONAL INFORMATION OR TRANSMISSIONS; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE HOTEL PROVIDED BY THE SERVICE PROVIDER OR HOTEL PROVIDER AS MADE AVAILABLE ON THE WEBSITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO THE COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY USE, DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE SERVICE PROVIDER (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7. MISCELLANEOUS
7.1 User agrees to indemnify, defend and hold harmless the Company, our subsidiaries and other affiliates, and their partners, Service Provider and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by the User of any law or any term of these T&Cs, (ii) any action, inaction or omission by the User, or (iii) any dispute or litigation caused by the actions, inactions or omissions of the User. If the User uses the Website for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, User shall be responsible for any error in the accuracy of information provided in connection with such use. Each User using the Website for or on behalf of a third-party agrees to indemnify and hold the Company and all companies affiliated with the Company harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the third-party's or the failure on the part of the User to fulfill any of its obligations as described above.
7.2 The T&Cs shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
7.3 The Company reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Website and/or any portion thereof, including any service available through the Website, or any portion thereof. In the event of termination of the Website, the reservations made via the Company will still be honored unless the User receives a notification. User will still be bound by the obligations under the T&Cs, including the warranties made by them, and by the disclaimers and limitations of liability. Additionally, the Company shall not be liable to the User or any third-party for any termination of access to the Website. The Company reserves the right to amend or repeal the T&Cs (or parts thereof) as it deem appropriate. Service Provider have the right to change their offerings and this is outside the Company’s control.
7.4 Failure by the Company to enforce any right does not result in waiver of such right. Company reserves the right to freely assign the T&Cs and the rights and obligations hereunder. The Company may amend the T&Cs at any time by posting a variation on the Website.