Your use of Activitybeds platform is subject to terms & conditions as set out, and may be amended from time to time by us
· The content of this marketplace is property of ActivityBeds (referred as ActivityBeds Technologies Pvt Ltd)
· Your use of this website is confirmation that you have understood and agreed to be bound by all the terms and conditions. If you do not agree on our Terms and condition, we request you to not use this website.
· Whilst every effort is taken to ensure all information displayed is accurate. Considerable information is accessed from our suppliers and we are not able to guarantee the accuracy of all information nor are we able to guarantee that their site is free of errors or faults. Information regarding the services mentioned is provided to us by the suppliers / travel trade partners (including descriptions, facilities and visual images). Therefore, we are not responsible for any variance in quality from the information supplied to us by any third party.
· Please Note that we are the marketplace and have no control over any of the suppliers / travel trade partners as we recognize each entity as independent company having their own jurisdiction, policies and processes. Hence we do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control.
Our Liabilities
· You hold Activitybeds.com harmless for any errors/omissions. No guarantee is given for the error free access OR the information – transactions conducted via our platform
· Activitybeds is not liable for any failure of processing your details, booking, cancellations, unavailability, or circumstances beyond our control.
· Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements.
· Activitybeds do not take any liability of Any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, inaccurate information, deficiency of service/product, or cancellation due to conditions not under the control of any Service Provider
· Activitybeds do not take any liability of the health, safety and well-being of the customers of our travel trade partners in the course of availing of Any Service
· Activitybeds do not take any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control and which is not preventable by reasonable diligence on our part
Copyright Issues
In case of any copyright infringement, please send us an email detailing as to which experience/tour is in violation of copyrights and specifically what content on that page violates the copyright. Along with this, it is required that you submit proof of your copyright claim which should include proof which shows you to be the owner of the violating material.
To enable us to address your concerns, please provide the following information:
· For each allegedly infringing image or piece of content that you wish to have removed from our website, provide the exact permanent URL for the page containing the material and details of which is the infringing piece of content.
· Provide information which is reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
· Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
· Proof of copyright in the image or text concerned, namely proof of registration of the image under the DMCA or absent such registration,
· A detailed description of where the photograph was taken, by whom, who or what the subject of the image is, and
· Evidence to support your claim that you own the copyright in the image.
We will then verify the image & if the copyright infringement is found, we will take down that image from ActivityBeds Marketplace. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, Activitybeds liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only) for all the copyright infringements since as a marketplace we don’t own the images. It is provided through our suppliers/travel trade partners
Compliance Requirements (For Agent account Opening & Booking products from Online Platform)
· As the B2B Marketplace operating in Indian Market we require the below documents as per our compliance policies for opening the Agent account.
o GST Details of the Agent Partners
o PAN details of the Agent Partners
o TCS declaration from all the Agent partners (Who deal directly with end Customers) as per the provisions of Income Tax Act, 1961 Section 206C - sub-section (1G).
· For the Booking of the various travel products on the ActivityBeds Platform, we require certain documents (Even if the payment is done by the Agent partners & Booking is Vouchered). Pls Note that the forth-said booking would not be paid to the supplier (in absence of these documents) & ActivityBeds would not be liable for any Losses occurred (To the Agent partners) due to Auto Cancellation by the Hotels (In absence of supplier payment)
· The documents required are as Mandated by the RBI for the FEMA compliance are
o The copy of PAN card (for All/Lead customers travelling).
o The copy of Passport (for All/Lead customers travelling).
Abuse Policy
· Activitybeds always prides itself in according paramount importance to the customer Service. Our employees/personnel are trained to treat our suppliers / travel trade partners with utmost politeness, courtesy and respect in every interaction they have with them. This process is further reassured through continuous interaction audits, training & monitoring. Despite our best efforts, in exceptional circumstances our services may be impacted and it’s our motto to reduce and minimize such circumstances to the maximum possible extent.
· However, we expect our partners to respect and be courteous to the employees of the company and display mature understanding and desist from resorting to hostile and abusive behavior. In such unlikely behavioral circumstances, Activitybeds reserves its right to take all such steps that may be deemed fit.
Force Majeure
· As Activitybeds is the marketplace platform , we will not be liable for any indirect, incidental or consequential loss or punitive damages under Force Majeure circumstances
Jurisdiction and Governing Law
· You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Services. You agree that all claims you may have against Activitybeds arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction.
· Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Please read the disclaimer prior to proceeding with activitybeds.com
· The material in this Site could include technical inaccuracies or typographical errors. Activitybeds may make changes or improvements at any time.
· The materials on this site are provided on an "As Is" basis, without warranties of any kind either expressed or implied. TOT the fullest extent permissible pursuant to applicable law, Activitybeds disclaims all warranties of merchantability and fitness for a particular purpose.
· It is the responsibility of the Activities provider / Accommodation provider to ensure the accuracy of the photos displayed. Activitybeds is not responsible for any inaccuracies in the photos.
· Activitybeds does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
· Activitybeds does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
· You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Activitybeds does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
· You also acknowledge that through this Site, Activitybeds merely provides intermediary services in order to facilitate the highest quality services to you. Activitybeds is only marketplace platform and therefore, Activitybeds shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.
· Activitybeds will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.
· Our aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with subject of these terms, whether in contract, tort (including negligence) or otherwise, in respect of any booking, restricted to a maximum of INR 1000 on every booking.
· Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, Activitybeds liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
