GENERAL TERMS AND CONDITIONS: 1. APPLICABILITY OF THE AGREEMENT: This User Agreement (“Agreement”) incorporates the terms and conditions (“General Terms and Conditions”) for the use of services and products being offered by EaseMyTrip Middle East DMCC (“EmtStays”) and its affiliates through its websites or any other medium, including sales persons, offices, call centers, advertisements and information campaigns (“collectively referred to as "Sales Channels.") Any person ("User") who visits, enquires about or purchases any of the products or services of EmtStays through its Sales Channels on the Website agrees to be governed by this Agreement. The websites and the mobile applications of EmtStays are collectively referred to as “Website”. Both User and EmtStays are individually referred to as “Party” and collectively referred to as “Parties”to the User Agreement. 2. AGREEMENT BETWEEN THE USER & EMTSTAYS: By accessing, using, browsing or make booking through EmtStays.com, User hereby agrees to the terms and conditions provided herein. In case of any violation, EmtStays reserves all rights to take any Legal Action against the User.
3. PRICES ON THE WEBSITE: Service Charge, Cancellation Charge, reschedule charge is inclusive of taxes. The price, which EmtStays offers on EmtStays.com, generally includes accommodation charges, taxes (unless specified otherwise). The price in some special cases might include meals (Breakfast /Lunch / Dinner). The price does not include any personal expense or other additional charges like telephone calls, personal-man services, entrance fees of any monuments, bar charges, etc. While EmtStays offers the lowest prices, the same is subject to the availability of seats, selection of specific sector, timing of booking and terms and conditions of the third- party service provider/operator etc.
4. MODE OF PAYMENTS & THE POLICIES: EmtStays’s payment gateway is completely secure and User can make online payments through a secured transaction process that ensures their personal security codes shall not be revealed under any circumstances.
Modes of payment available at EmtStays are:
Credit, Deposit & CC
5. USE OF THE WEBSITE
The User’s use of this website shall confirm to the following: The User has the legal authority to create an obligatory legal requirement and enter into this Agreement. The User will use this site as per its General Terms and Conditions. The User will use the website only to make lawful bookings for himself/herself or other person for whom User is officially approved to do such kind of bookings. The information provided by User including but not limited to User’s name, date of birth etc. is accurate, updated and complete. In case any information provided/entered by User is found to be incorrect, the User shall be solely liable for the same. If User has an account on this site, the User shall secure it with User’s login details, including login ID and password and shall be entirely responsible for any use or misuse of User’s account. EmtStays reserves the right to deny access to anyone to its Website at any time without any notice and for any reason, including, but not restricted to, for the violation of its Terms of Use.
6. COMMUNICATION POLICY OF THE SITE On transacting with this site, User will receive an e-mail from EmtStays pertaining to the status of the User’s transaction. The e-mail will be sent to the e-mail address provided by the User and EmtStays shall not be responsible for the non-receipt of the supposed e-mail in the User’s inbox. User is required to ensure that the email address provided by the User is correct. User acknowledges that the SMS sent by EmtStays is only an added facility for the convenience of the customers and EmtStays is under no obligation to provide the same. If User does not receive any SMS for any reason, EmtStays shall not be liable for the same. EmtStays shall not be responsible for providing any information/SMS alerts with regard to any booking including but not limited to cancellation status of hotel etc. 7. BOOKING POLICY The total price displayed on the website includes all applicable government taxes. In case of increase in the price in the issuance of the any ticket, for any reason whatsoever not limiting to miscalculation in amount due to server error or error from the bank’s payment gateway, the User shall be liable to pay the differential amount to book the ticket. In case of non-payment of the said differential amount, the User shall be refunded the amount paid after the application of Cancellation Charges (if any). The User is required to pay the entire amount prior to the confirmation of the User’s booking. To avail infant prices, the age of infant must continue to be under 24 months throughout the trip. User is required to carry valid proof-of-age documents in relation to the infant at the time of availing any service. The infant must be accompanied by an adult. User can book no more than one infant per adult. In case of the age of infant being 24
All the information pertaining to the hotel including the category of the hotel, availability images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to EmtStays.com. 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. EmtStays.com will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
8. RIGHT TO REFUSAL BY EMTSTAYS EmtStays reserves the right to deny or refuse any order of a User without giving any reason. Any contract to deliver any Product/service by EmtStays shall not be considered complete until the entire consideration is paid by the User against the product(s)/service(s) being offered by EmtStays. Without prejudice to the other remedies under this Agreement or under relevant law, EmtStays may bound the User's activity and warn other users for their actions to terminate his registration or refuse to provide the access of the website if: The User breaches this Agreement, General Terms and Conditions, Privacy Policy, Terms of Service and/or any other documents it integrates by reference; EmtStays is not able to authenticate any information given by the User; EmtStays finds User’s actions violating any third-party rights or applicable law. Upon breach of this Agreement, EmtStays reserves the right to recover any due amount from the User and take strict legal actions in this regard. 9. RIGHT TO REFUSAL /MODIFICATION BY END SERVICE PROVIDER User agrees that the end service provider may refuse/modify any particulars of the service(s), agreed to be provided to the User, for any booking made through EmtStays with/without assigning any reasons or owing to reasons including but not limited to behavioral issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal/modification, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of EmtStays and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not EmtStays.
10. RIGHT TO CANCELLATION INCASE INFORMATION PROVIDED IS FOUND TO BE INVALID The User agrees to provide valid information while requesting for any services under this Agreement and any misrepresentation of facts shall entitle EmtStays to prohibit the User from availing the services from EmtStays. If EmtStays discovers that the information provided by the User is incorrect or has been misrepresented by him, EmtStays reserves the clear right to take legal steps against the User including but not limited to suspending the User’s account and/or cancelling the booking without any prior information to the User. In such cases, EmtStays will not be liable for any loss or damage caused to the User as result of the cancellation of the booked services. 11. REFUND POLICY EmtStays will process the refund only after getting cancellation request/claim from the customer/travel agent/corporate company after getting cancellation request from agency via email.
12. INDEMNIFICATION The User agrees to indemnify, defend and hold harmless EmtStays, 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 EmtStays cannot be held responsible for the same. 13. INTELLECTUAL PROPERTY RIGHTS The Copyright in the contents of this Website belong to EmtStays. Copying any part or all the contents of this website without permission of EmtStays is prohibited except to the extent that such copying or printing is essential for the purpose of availing the paid services offered by EmtStays. Products, services and contents displayed on EmtStays.com are the properties of EmtStays. Any unauthorized copy or use of its product and/ or services including but not limiting to any contents on the website of EmtStays without prior written consent of EmtStays will be taken as larceny/infringement and strict penal actions may be taken against the concern person/organization/company. Through publication of any object/ content on the Website whose Intellectual Property may vest with another person/entity, EmtStays does not intend to violate the said Intellectual Property and no claim shall vest against EMT in any manner whatsoever. In case of an alleged infringement, the said owner/author shall contact EMT through its Grievance Officer and serve a notice of not less than 60 Working Days before accessing to any remedy under any law. EmtStays shall take the necessary steps to ensure that the said alleged infringement is addressed to the best possible extent. EmtStays gives User a limited right to enter, explore, use and transact on its site. User agrees not to misuse its materials and interrupt the operation of this Site in any way. User understands that except for information, products or services supplied, EmtStays does not endorse any other information in anyway. User also understands that EmtStays does not give any assurance with regard to the files available for downloading through the site being free from any type of viruses.
14. THIRD PARTY ACCOUNT INFORMATION By using EmtStays’s Website, User allows EmtStays and its agents to access third party sites, including Banks and other payment gateways, designated by them or on their behalf to retrieve requested details. While registering, the User is required to choose a password and maintain its privacy. The User is completely responsible for any activity held during the use of the password or account. It is the duty of the User to intimate EmtStays urgently in writing in case of experiencing unauthorized use of the account or other security breaches. EmtStays will not be responsible for any loss incurred by the User due to unauthorized use of his password or account. 15. AVAILABILITY, RULES OF SERVICE Many products and services displayed on the website may not be available for booking in User’s location or country. Therefore, reference to any such products or services on the website does not imply availability of the same in User’s particular geographical location. Products and services shall be subject to availability and EmtStays shall not be responsible for the non-availability of the same or the same having been sold out. Each product and service offered by the website is governed by the rules and regulations of the respective service provider. User is therefore required to refer to their rules and regulations as well, before booking with us.
16. TRANSMITTED MATERIAL Internet communications cannot be completely private or secure. The User understands that any message or information that the User may have sent to this site can be intercepted by others unless there is a special notice (for example, credit card information) that is encrypted. Sending a message to EmtStays does not cause the site to have any special responsibility.
17. FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
EmtStays's employees or authorized 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 the User a victim of fraud, and may potentially lead to loss of your valuable money or information.
18. OFFERS, CONTESTS AND INTERACTIONS The website may run contests that may require User to send certain materials or information about him / her for the purpose of offering prizes. All the offers and contests running on the website have their own rules, which the User is required to read before participating.
19. DISCLAIMER AND NO WARRANTIES Unless specified otherwise, EmtStays always acts as a facilitator by connecting the User with the respective service providers. EmtStays’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. EmtStays will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on the part of any Service Provider. The information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. EmtStays, 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 acknowledges that uninterrupted access or use of the Website can be prevented by certain factors that are not in EmtStays’s control including but not limited to unavailability of products & services, inoperability or interruption of the Internet or other telecommunication services or certain technical work carried out on the Website. EmtStays will not be answerable for any loss or damage whatsoever arising out of or in connection with any ability/inability while using the Website.
20. ADVERTISERS ON EMTSTAYS OR LINKED WEBSITES EmtStays shall not be liable for any advertisements being displayed on any of its pages or on any outside links of other web pages. User shall verify the accuracy of all the information prior to relying on any such information. EmtStays shall not be responsible for any information displayed/provided on the linked sites or updates on such sites.
21. CUSTOMER FEEDBACK The User understands that EmtStays wants to know about the experiences of customers while booking and utilizing EmtStays’s services. To enhance their travel experience, User authorizes EmtStays to contact them with various offers through direct mailers, e-mailers, phone calls, SMS and Whatsapp.
22. FORCE MAJEURE There can be exceptional circumstances where EmtStays and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor 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 EmtStays. If EmtStays has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that EmtStays being merely a facilitator of the services and products booked cannot be held responsible for any such Force Majeure circumstance. The User will be required 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, EaseMy Trip’s obligation shall be limited to only refunding the booking amount, if any, received from the customer. Such refund shall completely discharge EmtStays from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User. In no event shall EmtStays 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.
23. GENERAL TERMS: EmtStays being a reputed and responsible travel agency provides User the best possible information about the hotels or any other service on its Website. However, the User shall make a personal inquiry directly from the hotel/supply provider to avoid any inconvenience and EmtStays shall not be liable in any manner whatsoever for the failure/inability of the end service provider to provide the requisite services. EmtStays shall not be responsible for any delay or alteration in User’s trip due to any unavoidable circumstances. User shall be solely accountable for any damage, loss or injury sustained by the User while enjoying User’s holiday packages provided by EmtStays. The User shall be accountable for its own safety measures. EmtStays shall not be held liable for any human error that has gone unnoticed by the User and EmtStays’s staff personal.
24. CREDIT POLICY FOR TRAVEL AGENTS If any travel agent avails services from EmtStays on a credit basis and fails to clear the credit within the specified time period, EmtStays shall be entitled to take legal action against the said travel agent. In such cases, the travel agent shall also be liable to pay interest as levied by EmtStays in case of default/non-payment. Firm action shall be taken by EmtStays in case of cheating or any other criminal offence is found to have been committed by the travel agent.
MISCELLANEOUS
Severability: If any provision of these terms and conditions 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 these terms and conditions shall continue to be in full force and effect. Jurisdiction: This Agreement is subject to interpretation as per the laws of UAE, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Dubai. Amendment to the Terms and Conditio:ns EmtStays reserves the right to change, alter or remove any part of these Terms and Conditions without any prior notice. Any changes done in this User Agreement will be applicable the moment they are posted on the site. The User is required to re-check the “User Agreement link to be fully aware of the updated terms and conditions. Confidentiality: Any information which is specifically mentioned by EmtStays as confidential shall be maintained confidential by the User and shall not be disclosed unless as required by law or to serve the purpose of this Agreement and the obligations of both the parties herein. Privacy Policy User shall also refer to EmtStays’s Privacy Policy available on EmtStays's website which governs use of the Website. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by EmtStays and its affiliates in accordance with the terms of the Privacy Policy. Grievance Redressal In the event the User feels that its concern has not been resolved to its satisfaction, User may contact EmtStays’s grievance officer, who shall endeavour to redress the concern within 30 working days from the date of escalation. User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 working days from the date of ticket generation. 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.