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Terms and Conditions

Last revised on 3rd March 2020

Agreement between customer and www.onefinerate.com, the website operated and managed by Samaara Hotels & Services Pvt. Ltd.

The term website shall include access to this website via desktop, laptop, mobile devices and /or any other device capable of connecting to the Internet. The website is provided solely to assist customers in gathering travel information, determining the availability of goods & services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms 'we', 'us', 'our', ‘onefinerate’ and 'OFR’ refer to Samaara Hotels & Services Pvt. Ltd. The term 'you' refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the 'Terms of Use' or 'Agreement'). Please read the terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents. Onefinerate may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

USE OF WEBSITE

As a condition of your use of this website, you warrant that

1. You are at least 18 years of age and are of sound mind,

2. You possess the legal authority to create a binding legal obligation,

3. You will use this Website in accordance with the Terms of Use,

4. You will only use this Website to make legitimate hotel reservations for you or for another person for whom you are legally authorized to act,

5. You will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,

6. All information supplied by you on this Website is true, accurate, current and complete, and

7. If you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

OFR retains the right to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

1. use this Website or its contents for any commercial purpose other than the purpose defined in the terms & conditions;

2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or 'frame', 'mirror' or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If OFR suspects that you have breached the Terms of Use (including without limitation if you have made multiple reservations on the Website and OFR considers (acting reasonably) that any such reservations are for the purposes of reselling) or your reservation or account shows signs of fraud, abuse, or suspicious activity, OFR may cancel any reservations associated with your name, email address, or account, and close any associated OFR accounts. If such reservations cancelled are non-refundable bookings, OFR reserves its right not to refund you for the cancelled reservations. In addition, OFR may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, OFR reserves the right to take any necessary legal action and you may be liable for monetary losses to OFR, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact OFR Customer Service.

THIRD PARTY INFORMATION

By using the Account Access service in Onefinerate, the User authorizes OFR and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify OFR immediately in writing of any unauthorized use of their password or account or any other breach of security. OFR will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.

SUPPLIER RULES AND RESTRICTIONS

You acknowledge that some hotel suppliers may require you/ your customer to present a credit card or cash deposit upon check-in to cover additional expenses during their stay. Such deposit is unrelated to any payment received by OFR for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you/ your customer to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of the reservation(s), in you/ your customer being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

PAID HOTEL RESERVATIONS

The price displayed on the Website is a combination of the room rate for rooms reserved on your behalf through OFR. You authorize OFR to book reservations for the total reservation price, which includes the room rate displayed on this Website, plus Goods & Services Tax (GST) and service fees. You agree that your debit or credit card will be charged by Samaara Hotels & Services Pvt. Ltd. on behalf of OFR for the total reservation price. Upon submitting your reservation request you authorize Samaara Hotels & Services Pvt. Ltd. to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. The hotels charge Samaara Hotels & Services Pvt. Ltd for certain charges, including such tax amounts. The hotels are responsible for remitting these amounts to the applicable taxing jurisdictions, as applicable. Taxability and the appropriate tax rate vary greatly by location. The actual amounts paid by Samaara Hotels & Services Pvt. Ltd to the hotels in connection with taxes may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of your actual use of the hotel. In certain jurisdictions GST or other similar taxes may be imposed on the booking price or the compensation Samaara Hotels & Services Pvt. Ltd retains for its services. The actual tax amounts on our services, if any, may vary depending on the rates in effect at the time of your hotel stay. We may retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Samaara Hotels & Services Pvt. Ltd for its services vary based on the amount and type of hotel reservation. You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not check-in for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation, however it does not mean that the cancellation charges for the night will not be applicable. You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation.

The User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the services. In case, there is a short charging by OFR for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion. Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibility of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. OFR is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

You agree to abide by the Terms of Use imposed with respect to your prepaid hotel reservations.

USAGE OF THE MOBILE NUMBER OF THE USER BY ONEFINERATE.COM / OFR

OFR may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change, rate offers and counter rate offer or any such other information relevant for the transaction, via SMS or by Whats App or by voice call on the contact number given by the User at the time of booking; OFR may also contact the User by voice call, SMS, Whats App or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS, Whats App and/ or voice call by OFR is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify OFR against all types of losses and damages incurred by OFR due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on OFR with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

OTHER REASONS TO CONTACT THE USER

The User is aware that OFR provides hotel bookings and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes OFR to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS), Whats App or any other medium, from time to time. In case that the user chooses not to be contacted, he /she shall write to OFR for specific exclusion at donotcontact@onefinerate.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of OFR on its website in accordance of which OFR contacts, solicits the user or shares the user's information.

OFR REWARDS

As and when OFR Rewards program is launched, it will be offered to the Website’s customers at the sole discretion of Samaara Hotels & Services Pvt. Ltd. and is open only to individuals who have reached the legal age of 18, have a valid email address, and have enrolled in the OFR Rewards program. The user will abide by the terms & conditions of the program as notified at the time of launch and from time to time.

BOOKING, CANCELLATION AND AMENDMENT CHARGES

If you want to change any details of your itinerary (such as changing to a different hotel or changing your arrival or departure date or completely cancellation of the booking), we will do our best to help but cannot guarantee that changes can be made. You should call our Service Center at the number mentioned on www.onefinerate.com. We do not charge an amendment/ cancellation fee, however cancellation fees passed on to OFR by our Hotel suppliers will be payable (if any). The price of your new arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you booked the products or services.

LIMITATION OF LIABILITY AND DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, OFR do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, OFR expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. OFR is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking. Hotel ratings displayed on this Website are intended as only general guidelines, and OFR do not guarantee the accuracy of the ratings. OFR and their respective suppliers make no guarantees about the availability of specific products and services. OFR and their respective suppliers may make improvements and/or changes on the Website at any time. OFR and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by OFR. All such information, software products, and services are provided “as is” without warranty of any kind. OFR and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from OFR and/or their respective suppliers are free of viruses or other harmful components. OFR and their respective suppliers hereby disclaim all warranties and conditions whether express or implied, with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.

The hotels and other suppliers providing travel-related products and services or other services on this Website are independent contractors and not agents or employees of OFR and that OFR is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. OFR are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs. Without limiting the foregoing, OFR have no liability and will make no refund in the event of any cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall OFR and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the OFR and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, OFR or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of OFR and/or their respective suppliers will in no event exceed the service fees you paid to OFR in connection with the particular transaction(s) on this Website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of OFR and/or their respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify OFR and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: you or on your behalf in excess of the liability described above; or by third parties as a result of: your breach of these Terms of Use or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this Website.

OFR claims no ownership, affiliation with, or endorsement of any photos or services that are submitted by end users through our sites.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than OFR. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AND OWNERSHIP

Any software that Samaara Hotels & Services Pvt. Ltd. makes available to download from this Website ('Software') or including OFR mobile application (the “Mobile Application”), is the copyrighted work of Samaara Hotels & Services Pvt. Ltd. and/or our respective suppliers. no other purpose.

Please note that all Software, including, without limitation, all HTML code contained on this Website, is owned by Samaara Hotels & Services Pvt. Ltd. and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). The Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are ©2018 Samaara Hotels & Services Pvt. Ltd.

MAP TERMS

Your use of mapping available on this Website is governed by the Google Terms of Use and Microsoft Terms of Use and Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:
https://privacy.microsoft.com/en-us/privacystatement
http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://www.maps.google.com/help/legalnotices_maps.html
http://maps.google.com/help/terms_maps.html

GENERAL

This Agreement is governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Delhi, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and Samaara Hotels & Services Pvt. Ltd.as a result of the Agreement or use of this Website. Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within six months (6 months) from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

The Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Samaara Hotels & Services Pvt. Ltd. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Samaara Hotels & Services Pvt. Ltd. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign, convey, or delegate your rights, duties or obligations hereunder.

Unless explicitly provided by OFR in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and OFR doesn't accept any claims arising out of such scenarios.

Insurance, when provided as a part of the service/ product by OFR shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and OFR shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

Other than the customer and Samaara Hotels & Services Pvt. Ltd., no other person has any rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of the Agreement, however, Samaara Hotels & Services Pvt. Ltd. shall be entitled to enforce the disclaimers and limitations of liability set out in the Agreement.

Any rights not expressly granted herein are reserved.

The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is for convenience only. In the event of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.