We treat our customers privacy extremely seriously. We genuinely respect your privacy and strictly enforce our privacy policy. Our stringent privacy policy ensures that all your personally identifiable details such as name, address, telephone number, spouse details or any other information, are safe and secure on our online websites and offline databases. They are never shared with anyone else under any circumstances without the express consent of the customer unless it is required by subpoena, search warrants by police, legal processes or in any case of physical harm caused to another person.
You can also access our online sites without filling in your personal details. Although we get your IP address, we use it only for statistical calculations that help us understand and identify potential customer trends and monitor traffic at our site. This does not include any of your personal information. So you have the opportunity to access our network and online sites by remaining completely anonymous.
Special Holidays keeps all the information collected from registration and online services which include your name and email address. Basic information like your name and journey date are provided to the hotels and transporters for confirmation purposes regarding your bookings and registrations, for providing hassle-free services that you will require throughout the journey.
We at Special Holidays are strictly against unauthorized access and any unethical use or disclosure of any of your personal details. We follow strict policy guidelines and practice technology-based procedures with the most modern security features to ensure complete safety.
In any case of alterations and amendments to our privacy policy, the changes would be updated here along with all the details including the dates from which the changes will be effective.
For further information regarding our Privacy Policy of Special Holidays, please e-mail us at info@SpecialHolidays.net with Privacy Policy as the subject. We will get back to you within five business days of receiving your e-mail.
User Agreement Acceptance of Terms
1.1 Special Holidays website is an online travel portal owned and operated solely by Special Holidays, a destination management company incorporated under the laws of the Government of India.
1.2 Through our website, Special Holidays shall provide the client with all travel-related details, pricing information, reservations for hotels, different holiday packages, airline tickets, car rental services across India and much more. They are more particularly defined in the terms of service i.e. TOS related to all such services, as described in Annex 1.
1.3 This client Agreement contains all the terms and conditions on which Special Holidays shall provide Services to its clients through its online website. In addition to this Agreement and depending on the Services chosen by the Client, the client shall be required to read and accept the relevant TOS for such Services, which are allowed to be updated or modified from time to time by Special Holidays. Such TOS shall be deemed part of this Agreement and in the case of any conflict between such TOS and this Agreement, the terms of this Agreement shall prevail without any discussion.
1.4 Transactions on the Special Holidays Online Websites network is offered to the Client on condition of acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. It is clarified that use of the Website (site network) by the client constitutes an acknowledgment and acceptance by the client for this Agreement and the TOS. In the case of disagreement with terms or conditions and notices or any part of the Agreement, the Client is advised not transact on our Website.
1.5 Additionally, the Service Provider may also give terms and guidelines that govern the service(s) offer or a particular feature of the same or the operating rules and policies applicable to each Service (for an example tour package, hotel reservations, transportations, flights, etc.). The Client shall be responsible for ensuring compliance with the terms, guidelines, operating rules, and policies of the Service Provider with whom the client chose to deal, including terms and conditions set forth in a Service Providers’ fare rules or contract of carriage. In the event of any conflict between the part/whole of the terms, conditions and notices contained in this Agreement or TOS and the additional/other terms and guidelines specified by the Service Provider the latter terms/guidelines shall prevail.
1.6 Special Holidays at its sole discretion reserves the right to not accept any order placed by the client through the online website or mail or fax without assigning any reason thereof. Any contract to provide any service by Special Holidays is not complete until full money towards the service is received from the user and completely accepted by Special Holidays.
Modification of Terms
1.7 Special Holidays reserves the right to change or update the terms, conditions, and notices under which the Services are offered through the online Website, including but not limited to the charges for the Services provided through the Website. The client shall be responsible for regularly reviewing these terms and conditions, and for being aware of the changes.
Privacy Policy
1.8 The client hereby consents, expresses and agrees that he has read and fully understood the Privacy Policy of Special Holidays with respect to the Website, as set out in Annex 2. The client further gives his consent regarding the terms and conditions of such Privacy Policy and agrees that the same are acceptable to him.
Limited User
1.9 The client agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes or products, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
1.10 The client does not consent to and prohibits any attempt to reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website are permitted only if the name and website of Special Holidays is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted and is considered to be an infringement.
1.11 Since Special Holidays acts only as a booking agent, it shall not have any responsibility whatsoever towards any aspect of the arrangements between the service provider and the client, with respect to the standards of services provided by the service providers. In no circumstances shall Special Holidays be responsible for the services provided by the service provider to the client.
1.12 Although Special Holidays makes every possible and commercial effort to ensure that the description and content in the TOS, and on each and every page of the website is 100% correct, we do not, however, take responsibility for changes that occur due to human or data entry errors, or for any loss or damage suffered by any client due to any information contained herein. Also, Special Holidays is not the service provider and it cannot, therefore, control or prevent any changes in the published descriptions, which are based upon information that is provided only by the service providers.
1.13 Special Holidays does not offer travel services to particular destinations that represent considerable risk, and shall not be liable for any damage or losses that may result from traveling to such destinations.
1.14 Under no circumstances shall Special Holidays be responsible for any kind of direct, indirect, punitive, incidental, special, consequential damages or any other kind of damage resulting from:
(a) The use or the inability to use the services provided by our Agency.
(b) The cost of procurement of substitute goods and services or resulting from any product, information, services purchased, services obtained, messages received or transactions entered through the services.
(c) Unauthorized access to, or alteration of, the client’s transmissions or data.
(d) Any other thing related to the services including, but not limited to, damages for loss of use or data or profits, arising out of, or in any way connected with the use or performance of the website.
Special Holidays shall not be liable for any delay or inability to use the website or any related services, the provision of, or failure to provide services, for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Special Holidays shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to a technical reason or for any reason beyond the control of Special Holidays. The client understands and agrees that any information and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from
(a) breach of contract.
(b) breach of warranty.
(c) negligence.
(d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum dependence on the part of Special Holidays arising under any circumstances in respect of any services offered on the website shall be limited to the refund of total amount received from the customer for availing the services, excluding any cancellation, refund and/or any other kind of charges that may be applicable. Not in any case shall the liability include any consequential losses, damages or additional expense, whatsoever it may be.
Use of Communication Services
1.15 The Online Website may contain services known as “Communication Services” which include processes such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other messages. The Client agrees and accepts to use the Communication Services only to post, send and receive messages and data that are proper, socially accepted and related to the particular Communication Service. By way of an example, and not as a limitation, the client solely agrees and undertakes that whenever using a Communication Service, the Client will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate any of the legal rights of others;
(b) post, publish, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or any kind of unlawful topic, name, material or information;
(c) Upload files that contain software or other material protected by intellectual property laws unless the client owns or controls the rights thereto or have received all necessary consents;
(d) Upload or distribute malicious files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
(e) Advertise or offer to sell or buy any stuff such as products or services for any business purpose, only in case of those Communication Service specifically allows such messages;
(f) Conduct or forward surveys, contests, pyramid schemes or chain letters using the communication services;
(g) Download any file posted by another client of a Communication Service that the client knows, or reasonably should know, cannot be legally distributed in such manner hence it is an illegal activity to do so;
(h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in the file that is uploaded;
(i) Violate any code of conduct or other guidelines, which may be applicable for, or to, any particular Communication Service provided on the website;
(j) Violate any applicable laws or regulations for the time being inside or outside India;
(k) Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
1.16 Special Holidays has no commitment to govern any kind of Communication Services. However, Special Holidays reserves the right to review data posted through Communication Service and to remove any data as per its sole discretion. Special Holidays reserves the right to terminate the Client’s access to any or all of the Communication Services at any time without any prior notice, for any reason whatsoever.
Fees Payment
1.17 Special Holidays reserves the right to charge listing fees for certain listings with transaction fees, based on certain transaction’s completion charges using the Special Holidays services. Special Holidays further reserves the right to alter any and all fees from time to time, without any prior notice to the client.
The Client shall be responsible for paying all the applicable charges, fees, duties, taxes, levies and other assessments for using the Special Holidays services.
1.18 Client Registration on the online Website completely depends on the client and is optional. If the client chooses to register himself on the online Website, then after completing the registration process, the client shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality and secrecy of the credentials, and shall be fully responsible for all activities that occur by use of such passwords and user id. Further, the client agrees not to use any other party’s user id or password for any purpose without proper authorization by the party itself.
1.19 The client is solely responsible for the security of his credentials such as user id or password and for all the transactions undertaken using the credentials through our service. The password that you have entered is transmitted to our database in an encrypted form and stored as such. Thus your password is secure and even Special Holidays is unaware of it. The client must confirm that he is the authorised holder of the credit card or the original account used in the transactions on the Special Holidays websites. Special Holidays, therefore, will not be responsible for any kind of financial losses, inconvenience or mental agony due to any misuse of your ID/password/credit card number/account details or account number while availing Special Holidays services.
1.20 The client also agrees to immediately notify Special Holidays of any unauthorised use of the client’s password or user id. Clients must be sure to log off at the end of each session, from the website. Special Holidays shall not be responsible for any direct or indirect loss or damage arising out of the user’s failure to comply with this responsibility.
1.21 The client also agrees to:
(a) provide true, accurate and complete details regarding himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the online Website, and
(b) Maintain and promptly keep the Registration data updated so as to keep it true, accurate, current and exact. If the client provides any information that is untrue, inaccurate, not current or incomplete or fake Special Holidays has every possible and reasonable right to treat the client as a suspect. Hence, Special Holidays has the right to suspend or terminate the client’s registration and refuse any kind of future or current use of the Website and/or any Service provided by the site.
Client’s Obligations and Client Account
1.22 Regarding the discussion of the use of the online Website, the Client represents and confirms that the Client is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of Indian Government or other applicable laws.
1.23 Special Holidays may, at any time, in its sole discretion, restore its suspended clients. If the client has been once indefinitely suspended, then the client may not register or even attempt to register with Special Holidays or use the website in any manner until the time after which client is reinstated by Special Holidays. Nevertheless,if the user breaches this agreement, the TOS or the documents it incorporates by reference, Special Holidays reserves the right to recover any amount due and owed by the user to Special Holidays and/or the service provider, and has every right to take strict legal action if Special Holidays acknowledges the need to take legal discourse.
Termination of Agreement and Services
1.24 Either the Client or Special Holidays may terminate this Agreement or any Service with or without cause at any time with immediate effect.
1.25 The client is agreeable with the condition that Special Holidays has every right to terminate the client’s user id and access to the Website/Services in case of certain circumstances and without prior notice. Termination causes may include breach by the client of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, and non-payment of fees owed by the client in connection with the Services as specified in the applicable TOS.
1.26 This Agreement can be terminated either by the Client or Special Holidays only through a written notice to the other party. Afterward, Special Holidays shall not be liable to the client or any third party for termination of any kind of Service. If the Client objects to any terms and conditions of this Agreement, any TOS or get dissatisfied with the Service in any possible way, the client’s only recourse is to, immediately:
- a) Stop/discontinue use of the online portal i.e. our website/service, and
- b) Inform Special Holidays of such discontinuance as soon as possible.
1.27 Upon termination of the Service, Client’s right to use the online Website or our Services and software shall immediately cease. The Client shall now have no right and Special Holidays shall have no obligations thereafter to execute any of the Client’s uncompleted or ongoing tasks or forward any unread/unsent messages to the Client or any related third party. Once the Client’s registration or the Services are terminated, canceled or suspended due to any reason, any related data or information that the client has stored on the Website may not be retrieved later.
Payment Options
1.28 We accept online payments through cards such as Visa, Master or American Express card. They are processed through an online payment gateway system. There is no need to worry about your credit card credentials as your bank will authorise the transaction without letting any information leak to anyone, including us. Within approximately two minutes (depending on your Internet connection speed) of using the online payment gateway, your bank will issue an authorization code and confirmation of the completion of the transaction(s).
1.29 Payment Declination
If your credit card payment has been declined for any reason, payment must be made by an alternate card or method, and the payment must be received by Special Holidays at least 72 hours prior to the time of departure for tour, failing which the order is liable to get cancelled.
1.30 Password
You are solely responsible for your security credentials such as Password and user ID and for all transactions carried out using your password through our service. The password that you have entered is transmitted to our database in an encrypted form and stored as such. Thus your password is secure and even Special Holidays is unaware of it. Your confirmation is given regarding the authorised use of your credit card or the original account holder used in the transactions you make for using the Special Holidays services. Special Holidays holds no responsibility for any financial losses, inconvenience or mental agony due to misuse of your credentials such as ID, password, credit card number, account details or number for using Special Holidays Services.
1.31 Transaction confirmation
You must avoid taking any action depending on the information shown on the website until you receive a confirmation related to your transaction. In case of a confirmation that has to be received by email, if you do not receive a confirmation of your transaction within the shown/given time initially, look into your spam/junk folder to ensure that it has not been misdirected, and in case you still did not get it, please contact Special Holidays for further information.
Clauses
1.32 Interpretation of number and genders
The terms and conditions declared herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine both. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
1.33 The laws related to this agreement and each TOS shall be governed by and are constructed with reference to laws of Indian government without reference to any conflict of laws principles and any dispute arising in relation to here shall be subject to the exclusive jurisdiction of the High Court of Delhi.
