User Agreement
Adrika Marketing LLP (the company behind EzyEscape) is registered and based in Varanasi, India. ("EzyEscape", "we", "us" or "our"), from where it renders an online accommodation reservation service (the "Service") on its website (the "Website").
For all questions about EzyEscape, the Service (i.e. the online accommodation reservation service) and the Website or if you wish to send or serve any documents, correspondence, notices or other communications in respect of EzyEscape, the Service, the Website, or for press enquiries, please contact Adrika Marketing LLP directly.
By agreeing to our Terms, you're agreeing to everything in all this documents. If you don't accept any of these Terms, please do not use our Platform.
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 EzyEscape, a brand solely owned by Adrika Marketing LLP.
Any person ("User") who inquires
about or purchases any products or services of EzyEscape 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 EzyEscape are collectively referred to as 'Website'.
Both User and EzyEscape are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
"Terms of Service" available on EzyEscape's website details out terms & conditions applicable on various services or products facilitated by EzyEscape. 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 EzyEscape. 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 EzyEscape, 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 EzyEscape. If the User does not agree with any part of this Agreement, then the User must not avail EzyEscape's services and must not access or approach the Sales Channels of EzyEscape.
All rights and liabilities of the User and EzyEscape with respect to any services or product facilitated by EzyEscape 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 EzyEscape 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 EzyEscape 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 EzyEscape, as may be applicable. EzyEscape 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.
WEBSITE
The Website is meant to be used by bonafide User(s) for a lawful use.
User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to EzyEscape is true and accurate.
EzyEscape reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
EzyEscape will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
EzyEscape reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website 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 to report@esyescape.com. On receiving such report, EzyEscape reserves the right to investigate and/or take such action as the Company may deem appropriate.
User(s) shall not host, display, upload, publish, transmit or share any information on EzyEscape's website or app which:
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;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
impersonates another person;
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;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of EzyEscape's platform;
violates any law for the time being in force;
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.
If the individual is of the view that any content on or listings on EzyEscape contains any objectionable or infringing content, User(s) may fill out and submit the at ipr@esyescape.com. EzyEscape shall endeavor to review all complete and valid complaints within the prescribed timeframe under applicable law.
The information shared as part of the complaint shall a) clearly identify the violations b) Location of the material on the Website, including but not limited to the link of the infringing material c) In case of any IP violations, proof of ownership of such IP and d) contact information
Complainant consents that EzyEscape shall share the contents of any complaint with necessary third parties including without limitation the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
EzyEscape shall make commercially reasonable efforts to resolve all content related complaints within the time period prescribed under applicable law provided that:
Complainant shall provide all relevant information and supporting documentation requested by EzyEscape to enable EzyEscape to evaluate the complaint; and,
EzyEscape acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of EzyEscape pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability. All of EzyEscape's rights in such matters are fully reserved. EzyEscape does not provide any guarantee or warranty in respect of the outcome of any
BOOKINGS BY TRAVEL AGENTS
Except with the prior registration with EzyEscape as B2B agents, priority partner or a franchisee, and explicit permission of EzyEscape to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, EzyEscape reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. EzyEscape shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All discounts and offers mentioned on the Website are applicable only to the User(s) of EzyEscape for legitimate bookings.
LIMITED LIABILITY OF EZYESCAP
Unless EzyEscape explicitly acts as a reseller in certain scenarios, EzyEscape always acts as a facilitator by connecting the User with the respective service providers . EzyEscape'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. EzyEscape 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 EzyEscape as a part of any product or service:
EzyEscape assumes no liability for the standard of services as provided by the respective Service Providers.
EzyEscape provides no guarantee with regard to their quality or fitness as represented.
EzyEscape doesn't guarantee the availability of any services as listed by a Service Provider.
By making a booking, User understands EzyEscape merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not EzyEscape. Thus the ultimate contract of service is between User and 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. EzyEscape, 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 check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through EzyEscape. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an "as is" and "as available" basis. EzyEscape may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. EzyEscape expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from EzyEscape or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes EzyEscape's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify EzyEscape immediately in writing of any unauthorized use of their password or account or any other breach of security. EzyEscape will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.
User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.
EzyEscape keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., EzyEscape may at times verify certain information of its Users like their credit score, as and when required.
Additionally, EzyEscape may share your Personal Information in an anonymized and/ or aggregated form with a third party that EzyEscape may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.
EzyEscape adopts the best industry standard to secure the information as provided by the User. However, EzyEscape cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
The data of the User as available with EzyEscape may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, EzyEscape reserves the right to charge certain fees in the nature of convenience fees or service fees. EzyEscape further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, EzyEscape shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to EzyEscape. In cases where the short charge is claimed prior to the utilization of the booking, EzyEscape will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by EzyEscape on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
The User agrees and understands that all payments shall only be made to bank accounts of EzyEscape. EzyEscape or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of EzyEscape. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by EzyEscape or to any personal account of any person, EzyEscape shall not be held liable for the same. User shall not hold any right to recover from EzyEscape any amount which is transferred by the User to any third party.
We, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of EzyEscape. The User shall immediately inform EzyEscape if such details are demanded by any of its agents' employees or representatives. EzyEscape shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
Booking(s) made by the User through EzyEscape are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
EzyEscape provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, EzyEscape and third party Wallets, Gift Cards, EMI and more.
Cancellation and Refund
ADRIKA MARKETING LLP believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, EzyEscape will process the refund of the booking amount paid by the User and intimate the User about the same. EzyEscape is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and EzyEscape as the case may be.
Cancellations will be considered only if the request is made within 7 days of placing the order. However, the cancellation request may not be entertained if the order has been communicated and they have initiated the process of preparing them.
In case you feel that the service received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 7 days of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
In case of any Refunds approved by the ADRIKA MARKETING LLP, it may take 9-15 days for the refund to be processed to the end customer.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY US
EzyEscape will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.
EzyEscape may also contact the User through the modes mentioned above for any pending or failed bookings, 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, internet-based messaging applications like WhatsApp, voice call, email or any other mode by EzyEscape are:
upon the request and authorization of the User;
'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify EzyEscape against all types of losses and damages incurred by EzyEscape due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on EzyEscape with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
INSURANCE
Unless explicitly provided by EzyEscape in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case EzyEscape shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by EzyEscape shall be as per the terms and conditions of the third-party insurance company. EzyEscape merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. EzyEscape shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
TCS COMPLIANCE
TCS on Overseas tour packages:
'Overseas tour package' means any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or homestay stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.
‘Specified Person' means a person defined as per provisions of Section 206CCA(3) of Income Tax Act, 1961.
The User is liable to pay Tax collected at source (TCS) on booking of an ‘Overseas tour package' at an appropriate rate over and above the price charged for such package in compliance with the provisions of Section 206C (1G)(b) of the Income Tax Act, 1961. EzyEscape will deposit the TCS amount so collected with the Government and issue appropriate document/certificate to the User in compliance with aforesaid provision.
The User is required to provide a valid PAN of User/Traveler(s) at the time of booking an overseas tour package with EzyEscape. The User understands and agrees that EzyEscape, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance of provisions of Section 206CC of Income Tax Act. The User agree that in case the PAN is found to be invalid, or it does not belong to User/traveler(s), EzyEscape has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to said booking.
The User further understand and agrees that EzyEscape would also, at the time of booking or at a later stage, validate User/traveler(s) PAN as per the provisions of Section 206CCA of Income Tax Act and if on validation the User qualifies as a ‘Specified person', the User agrees to pay TCS to EzyEscape at such higher rate as may be applicable under section 206CCA. The User agrees to pay the additional TCS amount to EzyEscape where, as a result of validation under section 206CCA, the TCS collected at the time of booking fall short of the applicable rate of TCS. If User fails or disagree to pay the additional TCS, EzyEscape has the right to cancel the booking and process appropriate refund as per the cancellation policy applicable to such booking.
COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)
The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS)which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by EzyEscape either at the time of booking or after the booking is made. In case the traveler is a minor, EzyEscape will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.
The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, EzyEscape has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
The User authorizes EzyEscape to retrieve User's/ traveler's (in case booking on someone's behalf) PAN details from Users profile, previous bookings or share User/traveller's data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.
The User understands EzyEscape does not collect User's PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.
The User authorizes EzyEscape to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.
OBLIGATION TO OBTAIN VISA
International bookings made through EzyEscape 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.
EzyEscape 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 EzyEscape for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
FORCE MAJEURE
There can be exceptional circumstances where EzyEscape 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 EzyEscape. If EzyEscape 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 EzyEscape being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has 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, EzyEscape's obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge EzyEscape from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall EzyEscape and 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.
ADVERTISERS ON EZYESCAPE, AND LINKED WEBSITES
The Website may contain links to third party websites. EzyEscape does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and EzyEscape shall assume no liability for the same.
EzyEscape is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
EzyEscape does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of EzyEscape and hence EzyEscape is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. EzyEscape is providing these links to the Users only as a convenience.
RIGHT TO REFUSE
RIGHT TO REFUSAL BY EZYESCAPE:
EzyEscape at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
EzyEscape will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to EzyEscape under this User Agreement or under applicable law, EzyEscape may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
The User is in breach of this User Agreement; or
EzyEscape is unable to verify or authenticate any information provided by the User; or
EzyEscape believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of EzyEscape, or EzyEscape itself.
Once a User has been suspended or terminated, such User shall not register or attempt to register with EzyEscape with different credentials, or use the Website in any manner whatsoever until such User is reinstated by EzyEscape. EzyEscape may at any time in its sole discretion reinstate suspended users.
If a User breaches this User Agreement, EzyEscape reserves the right to recover any amounts due to be paid by the User to EzyEscape, and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to EzyEscape which is, or communicate with EzyEscape using language or content which is:
abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
contrary to any applicable law;
violates third parties' intellectual property rights;
a spam; or
in breach of any other part of these terms and conditions of use.
If the User violates any of the aforesaid terms, EzyEscape shall be at liberty to take appropriate legal action against the User.
RIGHT TO REFUSAL BY END SERVICE PROVIDER:
User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through EzyEscape with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of EzyEscape and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not EzyEscape.
RIGHT TO CANCEL
The User expressly undertakes to provide EzyEscape with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from EzyEscape.
In case EzyEscape discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, EzyEscape shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, EzyEscape shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, government authority approaches EzyEscape to cancel any booking, EzyEscape will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold EzyEscape responsible for any loss or damage arising out of measures taken by EzyEscape for safeguarding its own interest and that of its genuine customers. This would also include EzyEscape denying or cancelling any bookings on account of suspected fraud transactions.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
EzyEscape'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 you a victim of fraud, and may potentially lead to loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately on riskcontrol@esyescape.com.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless EzyEscape, 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 EzyEscape cannot be held responsible for the same.
COVID-19 RELATED TERMS & CONDITIONS:
User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:
exhibiting any symptoms associated with COVID 19.
refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.
suffering of any ailment making the User vulnerable to the virus
posing a threat to the health and safety of others
In such cases EzyEscape will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by EzyEscape to the User subject to receipt of the same from the end service provider.
User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.
The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, EzyEscape will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.
User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. or at the time of checking-in for a flight, into a homestay etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.
User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard the User may be required to furnish a medical proof or health declaration in a applicable format.
MISCLLEANEOUS
SEVERABILITY: If any provision of this User Agreement 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 this User Agreement shall continue to be in full force and effect.
JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.
AMENDMENT TO THE USER AGREEMENT: EzyEscape reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
CONFIDENTIALITY: Any information which is specifically mentioned by EzyEscape as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
FEEDBACK FROM CUSTOMER: EzyEscape would like to know the feedback of the Users for improving its services. The User hereby authorizes EzyEscape to contact the User for their feedback on various services offered by EzyEscape. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to EzyEscape for specific exclusion at privacy@esyescape.com.
PRIVACY POLICY: User shall also refer to EzyEscape's Privacy Policy available on EzyEscape's website which governs use of the Websites. 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 EzyEscape and its affiliates in accordance with the terms of the Privacy Policy.
GRIEVANCE REDRESSAL: EzyEscape strongly believes in resolving the issues raised by the User(s). In the event if user feels that it's concern has not been resolved to it's satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 days from the date of escalation. To reach the grievance officer please use this link to submit the details. 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 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 through this link
In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:
Name: Rajneesh Ranjan
Email ID: rajneesh@ezyescape.com
Contact Number: +91-9918653784
Address: EzyEscape ℅ Adrika Marketing LLP
597 Aidhe Road Chandmari, Post Lamhi
Varanasi -221007
Working hours : Mon to Fri (9:00 to 18:00)
TERMS OF THE CHARTER COMPANY
ROLE OF EZYESCAPE AND LIMITATION OF LIABILITY OF EZYESCAPE
EzyEscape acts as a facilitator and merely provides an online platform to the User to select and book a particular homestay. Homestays in this context includes all categories of accommodations such as homestays, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.
All the information pertaining to the homestay including the category of the homestay, images, room type, amenities and facilities available at the homestay are as per the information provided by the homestay to EzyEscape. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the homestay shall be raised by the User with the homestay directly, and shall be resolved between the User and homestay. EzyEscape will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
INFORMATION FROM THE HOMESTAY AND THE TERMS OF THE HOMESTAY
The homestay booking voucher which EzyEscape issues to a User is solely based on the information provided or updated by the homestay regarding the inventory availability. In no circumstances can EzyEscape be held liable for failure on part of a homestay to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the homestay. The liability of EzyEscape in case of denial of check-in by a homestay for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of EzyEscape (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the homestay.
Homestays reserve the sole right of admission and EzyEscape has no say whatsoever in admission or denial for admission by the homestay. Unmarried or unrelated couples may not be allowed to check-in by some homestays as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some homestays may also not allow local residents to check-in as guests. EzyEscape will not be responsible for any check-in denied by the homestay due to the aforesaid reasons or any other reason not under the control of EzyEscape. No refund would be applicable in case the homestay denies check-in under such circumstances.
RESPONSIBILITIES OF THE USER
The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the homestay in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned homestay. EzyEscape would not, in any way, intervene in the same.
The primary guest must be at least 18 years old to be able to check into the homestay.
The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The homestay shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
Check-in time, check-out time, and any changes in those timings, will be as per homestay policy & terms. Early check-in or late check-out request is subject to availability and the homestay may charge an additional fee for providing such services.
ADDITIONAL CHARGES BY THE HOMESTAY
The booking amount paid by the User is only for stay at the homestay. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the homestay, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the homestay.
Homestays may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by the homestay. All additional charges (including mandatory meal surcharges) need to be cleared directly at the homestay. EzyEscape will have no control over waiving the same.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
Booking of a homestay can either be "Prepaid", or "Pay at homestay" as per the options made available by a homestay on the Website of EzyEscape.
In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the homestay reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by EzyEscape.
At the homestay's or EzyEscape's sole discretion on case to case basis, the User may also be provided with an option to make a part payment to EzyEscape at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide EzyEscape with correct credit or debit card details. EzyEscape may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
For security purposes, the User must provide EzyEscape with correct credit or debit card details. EzyEscape may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.
Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by EzyEscape and solely at the behest of the Homestay.
In "Pay at homestay" model, the concerned homestay will collect the entire payment against the booking at the time of check-in. In case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the homestay. For security purposes, the User must provide EzyEscape with correct credit or debit card details. EzyEscape may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
ACTIVITIES AND OTHER SERVICES
DEFINITIONS
'Activity' includes day tours & sightseeing, spa & wellness, adventure sports, cruise, theme/ amusement parks, buffets & dining or any other service/product booked on the Website.
The provider of the Activity will be referred as 'Activity Provider', who shall be solely responsible for provision of the products/ services booked by the User.
ROLE OF EZYESCAPE AND LIMITATION OF LIABILITY
EzyEscape's role is limited to facilitating the procurement of an Activity service by the User from the Activity Provider. The transaction or the service fulfilment relation is always between the User and the Activity Provider
EzyEscape shall not provide pick up and drop facility for any Activity unless otherwise explicitly mentioned in the confirmation of the reservation.
EzyEscape shall not be liable or responsible for:
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 Activity Provider;
The health, safety and well-being of the User in the course of availing the Activity or thereafter;
Any incidental or ancillary services which is directly purchased by the User from the Activity Provider;
Any incorrect information provided by the Activity Provider.
The maximum liability of EzyEscape will be limited to refund of booking amount which was received by EzyEscape for reservation of the Activity.
RESPONSIBILITIES OF THE USERS
The User agrees to comply with the terms and conditions of Activity Provider in addition to EzyEscape's User Agreement and Terms of Service.
The User will be required to present the booking / confirmation voucher issued by EzyEscape in order to avail the Activity.
The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of Activity booked outside India or any other document as specified by the Activity Provider in order to utilize the Activity booked.
The User may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Activity where mandated by the Activity Provider.
The User shall reach out to Activity Provider directly for any concerns subsequent to the confirmation of reservation.
The User should ensure that he qualifies all the eligibility criteria for availing the Activity including but not limited to age limit, weight limit, medical conditions etc. User understands that in case he is found unfit or illegible for the Activity, Activity provider may or may not allow the User to avail the said Activity.
PAYMENTS FOR BOOKINGS, AND CANCELLATIONS
Reservations will be subject to cancellation and refund policies of the Activity Provider which may vary from time to time.
EzyEscape may charge applicable taxes or service charge, convenience fees etc. wherever applicable.
SPECIAL OFFERS AND COUPONS
The following terms will additionally apply to any coupon provided by EzyEscape:
EzyEscape responsibility is limited to sharing the coupon with the User subject to receipt of payment from the User;
The redemption of coupon is User's responsibility, and providing the service will be the Activity Provider's responsibility;
The expiry date of the coupon shall be mentioned on the coupon and the User will not be able the use the coupon subsequent to the date of expiry;
The coupon is not redeemable for cash;
The coupon once purchased cannot be refunded or cancelled.