Terms and Conditions

Introduction

The Terms and Conditions set out below (“Conditions”) apply to your use of this website hereinafter referred to as “the Site”, including the use of the information services offered on the Site. Please read these Terms and Conditions of use (“Conditions”) carefully before using the Site.

In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.

The Site is owned and operated by Hotel Failaka, Goa hereinafter referred to as “Hotel Failaka”. Hotel Failaka is a proprietorship firm constituted under the laws of India. Hotel Failaka may revise these Conditions at any time. Your continued use of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. Additional terms and conditions apply to hotel reservations.

Conditions

You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. The site is available only to individuals and entities that can form legally binding contracts under applicable law.

This right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions: the Information may not be used for any commercial purpose or public display, performance, sale or rental; no copyright or other proprietary notices may be removed. The Information may not be transferred to another person; software may not be interfered with in any manner; every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site; You will only use the Information for lawful purposes and in accordance with these Conditions.

In addition, you agree that you will not use robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of Hotel Failaka (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet uses to the Site).

You may only use this site to make legitimate reservations or purchases. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the site by you and anyone using your password and login information.

The Site contains references of domain name, trademarks, logos, brand names, service marks, drawings, illustrations, artwork, photographs, trade names, text, graphics, trade dress and devices and other valuable trade or service marks or files found on this site are proprietary to Hotel Failaka and/or third party licensors, are protected by the trademark, copyright and intellectual property laws. You may not frame or utilize framing techniques to modify, reproduce, sell, broadcast or copy any way whatsoever or in any form whatsoever, either partially or fully any of our trademarks, logos, or proprietary information without the express prior written consent of Hotel Failaka.

Any messages, notes, suggestions, ideas, notes, drawings, concepts or other material or information (collectively, the “Submissions”), which you may submit through or in connection with the Site will become the exclusive property of us. Accordingly, you agree that we have the right to publish any Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In addition, you agree that you will not transmit any Submission which infringes upon the rights of any third party.

You accept that all Information provided on the Site or any other material accessed through the Site including via any Linked Website (refer Condition “Linked Websites” below) is general information and is not in the nature of advice.

You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Website.

Whilst Hotel Failaka seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Hotel Failaka does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose.

In particular Hotel Failaka does not warrant that the Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure. Hotel Failaka is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.

Hotel Failaka may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.

Hotel Failaka does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, Hotel Failaka may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.

In no event shall Hotel Failaka be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of: your use of the Site or any Linked Website; or your use of or reliance on Information or any other material accessed through the Site including via any Linked Website; including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.

These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of Hotel Failaka under, any such warranty, term or condition, then the liability of Hotel Failaka shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

If the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.

If you are dissatisfied with the use of the Site, or any of the products, services, members, suppliers and/ or buyer offered in connection therewith or associated terms & conditions therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Hotel Failaka does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.

Hotel Failaka does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

You must ensure that any information which you provide to Hotel Failaka is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Hotel Failaka or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Hotel Failaka system, data or information.

The Site may contain links to other web sites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that Hotel Failaka does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Web Sites.

Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by Hotel Failaka or the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary.

The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose. You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions.

You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.

The Site may contain details of hotel charges and room rates (including any available special offers) of Hotel Failaka. Hotel reservation terms and conditions of booking as set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.

No contract will subsist between you and Hotel Failaka in respect of any services or products offered through the Site unless and until Hotel Failaka accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.

You undertake that all details you provide to in connection with any services or products which may be offered by Hotel Failaka on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Hotel Failaka reserves the right to obtain validation of your credit card details before providing you with any services or products.

You agree to indemnify and defend and hold us and our officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Hotel Failaka’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you. Otherwise access to the Site may be terminated at any time by Hotel Failaka without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of Hotel Failaka will nevertheless survive any such termination.

Any disputes arising out of or related to the Site shall be governed by and constructed and enforced in accordance with, the laws of India and you shall submit to the exclusive jurisdiction of the courts of Goa.

Hotel Failaka does not accept any liability for any failure by Hotel Failaka to comply with these Conditions where such failure is due to circumstances beyond its reasonable control. If Hotel Failaka waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force.