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 Little
Mango Tours And Travels Pvt Ltd ("LMTT").
Any person ("User") who
inquiries about or purchases any products or services of LMTT through its websites, mobile
applications, sales persons, offices, call centers, 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 LMTT are collectively referred to as 'Website'.
Both User and LMTT are
individually referred to as 'Party' and
collectively referred to as 'Parties' to the User Agreement.
"Terms of Service" available on
LMTT's website details out terms & conditions applicable on various services or products facilitated
by LMTT. 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 atleast 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 LMTT. 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 LMTT, 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 LMTT. If the User does not agree with any part of this Agreement, then the
User must not avail LMTTT's services
and must not access or approach the Sales Channels of LMTT.
All rights and liabilities of the
User and LMTT with respect to any services or product facilitated by LMTT 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 LMTT and protected under applicable intellectual property
laws. User cannot use this Content for any other purpose, except as specified herein.
User
agrees to follow all instructions provided by LMTT 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 LMTT, as may be applicable. LMTT does not grant the User a license, right or authority
to utilize such proprietary
logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in
violation of the applicable law.
This Web site is offered to you conditioned on your acceptance
without modification of the
terms, conditions, and notices contained herein. Your use of this Web site constitutes your
agreement to all such terms, conditions, and notices, which are subject to amendment without any
prior notice. You agree to review and
familiarize yourself with the Terms of Use and other guidelines found throughout this Web site. By
accessing or utilizing the sites, pages, or services to which these terms apply, you confirm your
understanding and compliance with
the stated provisions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This website is provided exclusively for your personal,
non-commercial use. By accessing or using this website, you agree that:
a) You will not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or sell any
information, software, products, or services obtained from this website without
explicit written consent from LMTT.
b) Any unauthorized use of the materials provided on this
website may violate copyright, trademark, and other applicable laws, and LMTT reserves the right to
pursue legal action for any infringement or unauthorized activity.
c) You will not engage in any activity that could damage,
disable, overburden, or impair this website or interfere with any other party’s use of this website.
LINKS TO THIRD PARTY SITES
This website is provided exclusively for your personal,
non-commercial use. By accessing or using this website, you agree that:
a) This website may contain links to third-party websites or
services operated by parties other than LMTT (hereafter referred to as "Linked Sites"). Such links
are provided solely for your convenience and informational purposes. By
using this website and accessing Linked Sites, you agree to the following terms:
b) No Control Over Third-Party Content: LMTT does not control or
endorse the content, policies, practices, or availability of Linked Sites. LMTT disclaims all
responsibility for the accuracy, legality, or suitability of any material
on Linked Sites.
c) No Liability for Third-Party Interactions: Any
correspondence, business dealings, or participation in activities such as promotions, purchases, or
other transactions facilitated through Linked Sites are strictly between you and
the third party. LMTT assumes no responsibility or liability for any direct, indirect, incidental,
consequential, or special damages arising from such dealings or the presence of these links on its
website.
d) Indemnification: You agree to indemnify and hold harmless
LMTT from any claims, losses, damages, liabilities, or expenses (including attorney fees) arising
out of your interactions with Linked Sites or third-party operators.
e) No Warranty: LMTT makes no warranties or representations
regarding the content, services, or goods provided through Linked Sites. Any reliance on Linked
Sites is solely at your own risk.
f) Disclaimer of Endorsement: The inclusion of any links or
references to third-party websites does not imply endorsement, sponsorship, or affiliation by LMTT
of the Linked Sites, their operators, or any products or services offered.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your access to and use of this website, you
expressly agree and warrant to Little Mango Tours And Travels Pvt Ltd (hereafter referred to as
"LMTT") that:
a) Compliance with Laws: You will not use this website for any
purpose that is unlawful, prohibited by these terms, conditions, and notices, or in violation of any
applicable local, state, national, or international law, regulation,
or treaty.
b) Prohibited Activities: You agree not to engage in or
facilitate any activity that, in LMTT’s sole discretion, could harm the website, its users, or LMTT.
Such prohibited activities include but are not limited to:
* Accessing or attempting to access restricted areas of
the website without authorization.
*Using the website for fraudulent, abusive, or illegal
activities, including phishing, impersonation, or spamming.
*Uploading, posting, transmitting, or distributing any
content that is unlawful, defamatory, obscene, harassing, infringing, or otherwise objectionable.
*Introducing viruses, malware, spyware, or other
malicious software or code that could harm the website, its infrastructure, or its users.
*Using automated means (e.g., bots, crawlers, or
scrapers) to access the website or harvest information without prior written consent.
*Attempting to interfere with or disrupt the website's
servers, networks, or security features.
*Engaging in activities that infringe on the intellectual
property rights of LMTT or third parties.
*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
*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;
*violates any law for the time being in force;
c) User Responsibility: You are solely responsible for all
activities conducted through your access to this website. You agree to indemnify and hold harmless
LMTT for any claims, losses, damages, liabilities, or expenses arising from
your misuse of the website.
d) Right to Monitor and Restrict Access: LMTT reserves the
right, at its sole discretion, to monitor, restrict, or terminate access to the website for any user
suspected of engaging in unlawful or prohibited activities, with or without
notice. This includes cooperating fully with law enforcement authorities and disclosing user
information as required by applicable law.
e) No Misrepresentation: You agree not to misrepresent your
identity, affiliation, or authority when using this website, including through the creation of false
accounts or the use of another individual’s identity.
f) Compliance with Company Policies: Your use of this website
must comply with all applicable LMTT policies, guidelines, and terms outlined herein or elsewhere on
the website. Failure to comply with these provisions may result in immediate
termination of access and potential legal action.
g) Procedure To Report Objectionable/Infringing Content: User(s)
can report any content on the Website/App which is deemed to be unlawful, objectionable, libelous,
defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent,
against any religious beliefs, spam, or is violative of any applicable law.
h) Enforcement and Remedies: LMTT reserves the right to take all
necessary actions to enforce these terms and conditions, including but not limited to:
*Suspending or permanently terminating your access to the
website.
*Pursuing legal remedies, including monetary damages,
injunctions, or other relief deemed necessary.
*Reporting unlawful activities to relevant authorities,
including sharing user information as permitted or required by law.
LIMITED LIABILITY OF LMTT
Unless LMTT explicitly acts as a reseller in certain scenarios,
LMTT always acts as a facilitator by connecting the User with the respective service providers like
airlines, hotels, restaurants, tourist packages, bus operators etc.
(collectively referred to as "Service Providers"). LMTT'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. LMTT 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 LMTT as a part of any product or
service:
LMTT assumes no liability for the standard of services as
provided by the respective Service Providers.
LMTT provides no guarantee with regard to their quality or
fitness as represented.
LMTT doesn't guarantee the availability of any services as
listed by a 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. LMTT,
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.
USER'S RESPONSIBILITY
Users are advised to carefully review the descriptions of
services and products before making a booking. By proceeding with a booking, users agree to be bound
by the conditions stated in the booking confirmation or as outlined in the
confirmed booking voucher, which should be read in conjunction with the User Agreement. If a user is
making a booking on behalf of another person, it is their responsibility to inform the other person
about the terms of this Agreement,
including all applicable rules and restrictions.
The user agrees to comply with all procedures
and guidelines, which may be updated from time to time, in relation to the use of services provided
by LMTT. Additionally, the user
undertakes to abide by all relevant laws, regulations, orders, or directions issued by any statutory
body, including Central or State Governments and District Authorities, concerning the use of
services or each transaction. LMTT
provides services on an "as is" and "as available" basis, and reserves the right to modify the
features or functionality of these services at its sole discretion without prior notice. LMTT
expressly disclaims any warranties, both
express and implied, including but not limited to implied warranties of merchantability and fitness
for a particular purpose. No oral or written advice or information obtained from LMTT or through its
services shall create any
warranty that is not explicitly stated in these terms and conditions. Additionally, users authorize
LMTT representatives to contact them via phone, message, and email, with this consent overriding any
preferences set by the user
through the National Customer Preference Register (NCPR) or similar preferences.
SECURITY AND ACCOUNT RELATED INFORMATION
When registering on the Website, the user is required to choose
a password for accessing their account and is solely responsible for maintaining the confidentiality
of both the password and the account. The user must promptly notify
LMTT in writing of any unauthorized use of their password or account or any security breach. LMTT
will not be held liable for any loss incurred due to unauthorized use of the password or account,
whether or not the user is aware
of it. Additionally, the user agrees not to use another person's account under any circumstances.
The user acknowledges that any information provided to the Website may be vulnerable to interception
or unauthorized access due to
security breaches at the user's end.
LMTT ensures that data related to credit cards, debit
cards, and bank information is stored securely and in an encrypted form in compliance with
applicable laws and regulations. However,
in cases such as fraud detection or offering bookings on credit, LMTT may verify certain user
information, including credit scores, as needed. LMTT may also share anonymized or aggregated
personal information with third-party service
providers for tasks such as payment processing, data hosting, credit score assessments, and
creditworthiness evaluations, in accordance with applicable laws. While LMTT follows industry best
practices to secure user data, it cannot
guarantee that security breaches will never occur. Furthermore, LMTT may share user data with law
enforcement agencies for lawful or investigative purposes without prior consent
USAGE OF THE MOBILE NUMBER, COMMUNICATION
DETAILS OF THE USER BY LMTT
LMTT will use the mobile number and communication details
provided by the user at the time of booking to send important information related to the booking,
such as confirmation, itinerary details, cancellations, payment confirmations,
refund status, schedule changes, or any other transaction-related updates. These communications may
be sent via SMS, internet-based messaging applications like WhatsApp, voice calls, email, or other
communication channels specified
by the user.
The user unconditionally consents to receiving such communications, which are
considered "transactional" and not "unsolicited commercial communication" as per the Telecom
Regulatory Authority of India (TRAI) guidelines.
LMTT's communications will also comply with relevant TRAI regulations and similar authorities both
in India and abroad. The user agrees to indemnify LMTT against any losses or damages resulting from
actions taken by TRAI, Access
Providers, or any other authority due to erroneous complaints by the user regarding these
communications, or if incorrect contact details (such as a wrong phone number or email) were
provided.
COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME
(LRS)
As per the RBI's Liberalized Remittance Scheme (LRS), it is
mandatory to collect PAN details for all international transactions made through the Website or any
Sales Channels. The user agrees to provide their PAN details, or those
of the traveller, on or before the cut-off date specified by LMTT, either at the time of booking or
after the booking is made. If the traveller is a minor, LMTT will require the PAN details of the
parent or guardian. Failure to
comply with this requirement may result in the cancellation of the booking.
The user further
warrants that the total amount of foreign exchange purchased or remitted during the current
financial year, including the current
transaction, does not exceed the permissible limit set by the RBI. If this limit is breached before
the remittance request is approved by the AD Bank, LMTT is obligated to cancel the booking in
accordance with the law and process
a refund as per the applicable cancellation policy. The user also confirms that any foreign exchange
purchased for the current booking will be used solely for international travel as indicated.
The
user authorizes LMTT to retrieve
their PAN details, or the details of the traveler (if booking on behalf of someone else), from their
profile or previous bookings, or to share this information with third parties for the purpose of
collecting or verifying PAN details.
LMTT does not collect the user’s PAN details without consent, and the user has the option to opt out
of providing it or delete it from their profile at any time via the desktop interface. Additionally,
the user agrees to LMTT sharing
their data with third parties for the purpose of collecting or verifying PAN details.
OBLIGATION TO OBTAIN VISA
International bookings made through LMTT 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.
LMTT 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 utilize the booking due to absence or denial of visa, irrespective whether
or not the User has availed the services of LMTT for the visa process too. Refund, if any, will be
as per the applicable terms
of booking and cancellation policy.
FORCE MAJEURE
There may be exceptional circumstances in which LMTT and/or its
Service Providers are unable to honor confirmed bookings due to events beyond their control,
including, but not limited to, acts of God, labor unrest, insolvency, pandemics,
epidemics, business exigencies, government decisions, terrorist activities, operational or technical
issues, route and flight cancellations, or any other similar unforeseen circumstances. In such
cases, LMTT will make reasonable
efforts to provide the user with an alternative or, if applicable, refund the booking amount after
deducting any applicable service charges, provided such refund is supported and processed by the
relevant service operators. The
user agrees that, as a facilitator of the services and products booked, LMTT cannot be held liable
for any Force Majeure circumstances. In case of such events, the user must contact the relevant
service provider directly to seek
further resolutions or refunds.
Furthermore, in the event that a booking cannot be confirmed due
to technical reasons, such as network downtime, disconnections with third-party platforms (including
payment gateways, banks,
etc.), or other similar failures, LMTT’s liability will be limited to refunding the booking amount,
if any, received from the customer. Such a refund will fully discharge LMTT from all liabilities
related to that transaction. Any
additional liabilities arising from the issue shall be the sole responsibility of the user.
Under no circumstances shall LMTT be held liable for any direct, indirect, punitive, incidental,
special, or consequential damages,
or any other damages arising from the use or performance of the Website or any other sales channels,
including damages for loss of use, data, or profits. The user acknowledges and agrees that LMTT is
not responsible for any losses,
whether financial, reputational, or otherwise, that may result from the use of its services, and
that any such damages shall be borne entirely by the user.
RIGHT TO REFUSE
LMTT, at its sole discretion, reserves the right to refuse or
cancel any booking without providing any reason for such refusal. LMTT will not provide any services
or share confirmed booking details until the complete payment or consideration
has been received from the user. Furthermore, LMTT retains the right to limit or suspend the user’s
activities, issue warnings to other users about the user's actions, immediately suspend or terminate
the user's registration, or
refuse to grant access to the website in the event that the user is in breach of this User
Agreement, LMTT is unable to verify or authenticate the information provided by the user, or if LMTT
believes that the user’s actions may
infringe on any third-party rights, violate any applicable law, or create potential liability for
the user, other users of LMTT, or LMTT itself. In cases of suspension or termination, the user is
prohibited from re-registering
with LMTT under different credentials or using the website in any manner until reinstatement occurs.
LMTT, at its sole discretion, may choose to reinstate suspended users.
In the event of a breach
of the User Agreement by the
user, LMTT reserves the right to recover any outstanding amounts due from the user and to take
appropriate legal action as deemed necessary. Additionally, the user shall not send or communicate
any abusive, threatening, offensive,
defamatory, coercive, obscene, belligerent, or otherwise inappropriate content to LMTT. This
includes content that violates any applicable law, infringes on third-party intellectual property
rights, is spam, or otherwise breaches
the terms and conditions of use. If the user engages in such behavior, LMTT reserves the right to
take appropriate legal actions, including but not limited to termination of the user’s account and
pursuing claims for damages.
The user agrees that the end service provider, in providing the
service(s) for any booking made through LMTT, has the right to refuse or withhold services for any
reason, with or without explanation. This refusal may be based on
a variety of factors, including but not limited to behavioural issues, public safety concerns,
health hazards, infectious diseases, or government orders or notifications. In such instances of
refusal, the liability associated with
such refusal shall rest solely with the end service provider, as this is outside the purview of
LMTT. The user agrees that any claims, refund requests, or demands for damages arising from the
refusal of service shall be directed
exclusively to the end service provider and not to LMTT. LMTT shall not be liable for any loss or
damage resulting from the end service provider's refusal to provide the agreed-upon services.
INDEMNIFICATION
The user agrees to indemnify, defend, and hold harmless LMTT,
its affiliates, and their respective officers, directors, lawful successors, assigns, employees,
agents, and representatives from and against any and all losses, liabilities,
claims, damages, costs, expenses (including but not limited to legal fees, disbursements, and
interest charges), or any other consequences that may arise, result from, or be payable due to any
breach of representations or warranties
made by the user, or failure by the user to perform any covenant, obligation, or agreement under the
terms and conditions. This indemnification shall extend to any claims, damages, or losses arising
out of the user's actions, omissions,
or negligence, including but not limited to violations of laws, regulations, or third-party rights,
in connection with the use of LMTT’s services.
The user acknowledges and agrees that they are
solely liable for any breach
of country-specific rules, regulations, or any general code of conduct applicable to the services
used. LMTT cannot be held responsible for any such violations and the user agrees to indemnify LMTT
for any liability, penalties,
or consequences resulting from such breaches. This indemnification obligation applies to any claims
or legal actions brought against LMTT, its affiliates, or any related entities due to the user's
failure to comply with applicable
laws or regulations, whether within or outside the jurisdiction.
MISCELLEANEOUS
Severability: If any provision of this User Agreement is
found to be invalid, illegal, or unenforceable in whole or in part, such invalidity or
unenforceability will apply only to the specific provision or part thereof. The
invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid,
enforceable, and consistent with the intent of the agreement. The remaining provisions of this User
Agreement will continue in
full force and effect, unaffected by the invalidity or unenforceability of any provision.
Jurisdiction: This Agreement shall be governed by and
construed in accordance with the laws of India. Any disputes, controversies, or claims arising out
of or in relation to this Agreement shall be exclusively subject to the
jurisdiction of the courts located in Thrissur, Kerala-India. The parties hereby submit to the
exclusive jurisdiction of these courts for the resolution of any such disputes.
Amendment to the User Agreement: LMTT reserves the right
to modify or amend the terms of this User Agreement at any time, without prior notice. It is the
responsibility of the user to periodically review the User Agreement for
any changes. Continued use of LMTT’s services after such amendments constitutes acceptance of the
revised terms.
Confidentiality: Any information that LMTT specifically
designates as confidential must be maintained as confidential by the user. The user shall not
disclose such information to any third party unless required by law or as
necessary to fulfill the purposes of this User Agreement and the parties' obligations herein. The
user agrees to take all reasonable measures to protect the confidentiality of such information.
Feedback from Customer: LMTT values customer feedback to
improve its services. The user agrees that LMTT may contact them for feedback on services offered by
LMTT through various communication channels such as emails, telephone
calls, SMS, or other means. If the user does not wish to be contacted for feedback purposes, they
may request exclusion by contacting LMTT at sales@littlemangotravels.com
Privacy Policy: The user is advised to refer to LMTT’s
Privacy Policy, which is available on the website, as it governs the use of the website and the
handling of personal information. By using the website, the user acknowledges
and agrees to the terms of the Privacy Policy, including consent to the collection, use, and
processing of their personal information as outlined in the Privacy Policy.
Grievance Redressal: LMTT is committed to addressing and
resolving user complaints promptly. If a user is dissatisfied with the resolution of their concern,
they may escalate the issue to LMTT’s grievance officer. The grievance
officer will aim to resolve the matter within 30 days from the date of escalation. Users are
encouraged to escalate the issue only if the complaint has not been resolved to their satisfaction
within 30 days or if they have not
received a response. Users must provide their booking reference number and the ticket ID for the
complaint when escalating to the grievance officer via the provided link.
In accordance with the Information Technology Act, 2000, and the
Consumer Protection (E-Commerce) Rules, 2020, the contact details of the Grievance Officer are
provided below. If the user requires the details of LMTT’s legal representative,
they may reach out to the grievance officer for further assistance.