1. DEFINITIONS
Gouttrakhand.com is a Platform owned by GoUttarakhand a company incorporated under the companies’ act 1956, with its registered seat at the address Haridwar (City of Haridwar),
11, Hanuman Garhi Kankhal, Haridwar, 249408, Uttarakhand, India, (hereafter referred to as “GoUttarakhand”),
“Customer” (Client) is a person who orders the services of our company by email, telephone, or by filling out an electronic booking form. The customer enters into a mandatory contractual relationship when Gouttarakhand confirms the reservation in accordance with the then applicable Terms and Conditions. He/she is responsible for the entire communication with the representatives of Gouttarakhand (for changes in the service after its ordering, for special requests and / or instructions during the service). He must be at least 18 years old and must not have a legal restriction on entering into a contractual relationship. Assumes responsibility for the correct and complete completion of data during the booking process. He is responsible for paying the full amount of fees arising from the ordered and / or performed services, which includes possible insurance premiums and fees for changes, additions or cancellations of services. He is obliged to fully and accurately inform all Co-clients/customers about all services and about any changes after the original order. Confirms that all Co-clients/customers accept these General Terms and Conditions.
“Gouttarakhand IT systems” is the platform where client orders service and receives booking confirmation. Gouttarakhand IT systems are not limited to platform, it may include its domains, websites, internet platforms, social medias, Phone call, Email, Written messages.
” Co-clients/customers ” is the person whose name is stated in the reservation form. The Co-clients/customers may be a customer of the service but the customer does not have to be a Co-clients/customers . He/she must be at least 18 years old.
“Service” (Bookings, order confirmation, Pre-order,) is a service (ordering of service through Gouttarakhand and solely on Gouttarakhand IT Systems or its Websites , social networks, email, Phone call, written message).The service can be supplemented by mediation in arranging other services for the customer’s account. The customer can order a service consisting of one or more Services, orders.
“Service Provider” (also “Partner”) is a service provider from which a company can order a service or activities for its own account, which form an integral part of the service. In the event of any discrepancy between the Partner Terms and these General Terms and Conditions, the relevant condition or provision of these General Terms and Conditions shall be deemed binding. Our partners are listed in the business registers and have all the necessary licenses to perform the services in question.
“Confirmation” is a document confirming the reservation, which contains all the details listed in the booking form unless otherwise stated, which we send you by e-mail, in your account, Phone call or written message.
“Parties” is GoUttrakhand, Partner and client, after the booking confirmation , contract is enclosed with Parties.
The scope of Business activity is to provide services; services are listed as “Listings” on Platform by Partner for Partner by GoUttarakhand IT Systems. Services are hereinafter also listed in Categories, providing clients to order the services through given portal choosing one or more partner for the “services”. GoUttarakhand verifies the Partners information, with the means at disposal at the time of verification to GoUttarakhand, verification takes place through email, phone call, written message or through GoUttarakhand IT systems and not just limited , through “Partner register” page , where Partner is asked to sent information related to his business hereinafter “Venue, place, location, listing, page , etc.” GoUttarakhand undertakes effort to verify the Partners information at the time of listing the Business on platform through its IT Systems, domains, and websites. It is further responsibility of Partner to fully adhere by the laws and in possess of necessary license and permit to perform such business activities, listed on the GoUttarakhand.
2. ABOUT US
We provide digital or telephone mediation services for Clients. We operate through the “domain” website, in which we are the sole owner. Our headquarters are in Haridwar (City of Haridwar), 11, Hanuman Garhi Kankhal Haridwar,249408, Uttarakhand. We operate exclusively as intermediaries between Clients and Partner. The company itself does not provide services. In case you make a reservation for the Service with us, you confirm that you enter into a contract for the provision of the Service exclusively with the Partner. You and the Partner enter into a mutual relationship and bear the sole responsibility for fulfilling the provisions of the service.
For business purposes, we use a telephone number +91-7456889999 and operate through the following website: Gouttrakhand.com/Gouttarakhandonline.com with the email address info@gouttrakhand.com. For the purpose of providing our service, we cooperate with professional Partners who provide professional service or act as an agency for the provision of services, possessing the appropriate licenses and permits prescribed by national law for this activity.
We are not a Partner or a licensed private operator and we do not provide services. We act exclusively as an intermediary between you and the Partner. By booking the service via (domain), you enter into a direct and legally binding contractual relationship with the Partner that accepts your Order, and therefore the Company will in no way be considered a travel agency.
The Company does not provide services and is not involved in the relationship between you and the Partner, as the contractual relationship for the provision of services is established exclusively between you and the Partner who undertakes to provide you with the Service. The Company does not in any way participate as a party to these contracts, nor does it acquire any rights or obligations arising from such contracts. The Company assumes no responsibility for the carriage of services, for which the Partners are solely responsible. As a result, the Company, its representatives, employees and assistants are in no way responsible for the risks associated with the conclusion, execution and completion of the contract between the clients and the Partner, and is in no way liable for damages arising from such contract. The choice of whether to book the Service with us is at your sole discretion, however, if you book the Service, you are obligated and warrant that you will fulfil all obligations arising from these Terms of Use.
The Company does not represent you or the Partner and does not provide any guarantees regarding the quality of the service and the behaviour of the Partners Representatives/employees.
Partner, Partner Representatives, Partner employees do not have an employment relationship with the company or its partners.
The Company may instruct the Partner to provide services, but will not assess the suitability, legality or ability of any Partner, and you expressly disclaim and release the Company from any claims, liability or damages arising out of or in any way connected with the partner and its employees. The Company will not be part of any dispute between you and the Partner. By reserving the Service, you confirm that the Company is not included in the contractual relationship between the partner and you, however the Services are governed by these General Terms and Conditions.
The services we provide are only available for personal, non-commercial use. It is therefore not permitted to resell, distribute through a deep link, use, copy, track (e.g., via spider, scrape), display, download or reproduce any content or information, software, products or services available on our website, for any commercial or a competitive activity or purpose.
Before requesting the Service offered on our website, you should read and understand these Terms as they will govern each subsequent contract. By booking, you confirm that you have read these Terms and that you are legally capable of accepting them on your own behalf and for all Co-Clients/customers. If you do not understand any of the terms of the Agreement, we recommend that you contact Customer Support Department before proceeding with your booking. If you do not wish to be bound by these Terms, unfortunately you cannot book the Service with us.
3. INTRODUCTORY NOTES
By completing the booking form, you confirm that you are able to enter into legally binding contracts in your own name and on behalf of the Co-clients/customers. The reservation form will be considered an integral part of these General Terms and Conditions.
If for any reason you refuse to accept these General Terms and Conditions, you may not book the Service. Our company will not provide you with services for which you have not agreed to these General Terms and Conditions.
In the event that any item in these General Terms and Conditions or the booking form is not clear to you, please contact our Customer Support Department for clarification. By refusing to do so, you release us from any liability to you, whether it arises or is implied by these General Terms and Conditions or not.
Amendments to these General Terms and Conditions will be published in the form of a notice on our website.
4. NATURE AND SCOPE OF THE SERVICE
The service is the Order confirmation with a Partner by Ordering services mentioned by our Partners on our Platform GoUttarakhand on our “domains”. The maps on our websites are illustrations in this regard. While we will take all reasonable steps to adhere to exact locations, it is also Partner and client responsibility to verify the address on the booking confirmation form.
In case of difficulties encountering the Partner and its services, call our Customer Support Department. If you do not do so but order an alternative service, we will be deemed to be completely relieved of any contractual, actual or legal obligation or liability to you. This includes your possible refund requests. If you are not at the place and at the time of the scheduled start of the service, nor do you arrive at that place within the next 60 minutes, nor did you provide correct contact information for the service on order confirmation, nor do you contact our office by phone, e-mail or do not answer any of the two phone calls from our office to the number you entered when booking, we will consider that you have not appeared (no-show) and charge you for all services you have ordered. In accordance with established business practice, digital records from our servers will be considered as proof of the time of telephone calls.
You are responsible for checking the order confirmation , with all necessary details required as per the order, this shall include your travel arrangements, stays, ordering of goods, pick up services and all other services listed on our “Domains”. The Partner will provide you with services as per the Order confirmation and as listed by Partner on our “domains”. All contracted Services fall within the scope of public liability coverage of the Partners Insurance Policy or the insurance of their subcontractor.
Although we strive to provide SMS with confirmation on request, this service depends on telephone networks that are beyond our control. If a text message is lost or delayed, the customer will refer to the information provided by email or in the My Booking section of our website.
5. BOOKING PROCEDURE
By clicking or pressing the “Book” button on our website or by equivalent conclusion of the booking process by telephone, you accept these General Terms and Conditions in full. No other procedure or communication between the representatives of our company and you can be considered a reservation, nor does it apply to these General Terms and Conditions.
The obligation of our company to provide you with the service begins with the issuance of the Confirmation. Receipt of the Confirmation issued to you obliges you to pay for the service in accordance with the contents of the reservation. Digital records from our email servers will be considered proof that you have received the said Confirmation.
Upon receipt of the Confirmation, you are obliged to check the accuracy of all data. Although we undertake to make reasonable efforts to check partner’s availability, stock in hand, Natural hazards, any delays caused by interruption of weather, hazards etc., the responsibility for their accuracy lies solely with you. Therefore, we cannot accept any responsibility for problems arising from incorrect or incorrect information in the reservation. Your obligation to us ends with the termination of the service or its cancellation. We recommend that you keep the Confirmation with you in print or in digital form for the duration of the service.
It is your sole responsibility to determine whether you meet the conditions for travel to the places listed in the booking form as well as possessing all necessary documents, certificates, etc. that you should disclose to various supervisors during travel and compliance with all local legal and other provisions.
6. EXTRAS
Various pre-determined additional services can be listed in the booking form along with the price list, if available and related to the selected service.
Special requests can be made while booking the service , by leaving a note on your order , Once confirmed by partner you cannot hold us responsible in case special requests were not met.
7. ACCURACY OF INFORMATION
The text, photos, videos and other information on our website are for illustration purposes only. We are committed to providing accurate, complete and up-to-date information within our capabilities, so it is reasonable to expect that some of our services or its components will not be available at any given time. Reasons may be weather, equipment failure, or any reason that includes, but is not limited to, changes in the nature and extent of the relationship between us and the partner company, force majeure effects (see Article 11 below), or our unilateral decision to discontinue service, or its component, which we offered earlier. Our Customer Support Department will put all reasonable effort into timely customer reporting. All data related to the expected start of the activity, as well as their duration, will be considered as approximations or estimates.
All weather data listed on our website is in INDIAN STANDARD TIME. Please note the 24-hour format in which all time data is listed, for example 08:00 means eight hours in the morning, while 14:45 means two hours and forty-five minutes in the afternoon.
8. PAYMENTS AND FEES
We offer standard payment methods, for example: credit cards (Amex, Visa, Mastercard), cash or bank transfer, Gpay, UPI, but not all methods are available when booking all services.
The payment methods available for certain services are visible during the booking process.
We reserve the right to reject all requests to change payment methods other than the payment methods selected during the booking process.
When booking with payment in cash, you must be available not only on the day of the service, but also the day before your service to the phone number provided in the reservation. In case we want to confirm the validity of your reservation and we are not able to contact you by phone or e-mail, we reserve the right to cancel your reservation.
9. YOUR CHANGES, AMENDMENTS AND CANCELLATIONS
All cancellations must be made through the “My Reservations” account. Your cancellation request will only be considered approved and valid once you receive the Transfer Cancellation Confirmation.
If you cancel a Service, order confirmation, upto 3 hours on Goods, upto 24 hours on stays, online orders, taxi services or services similar that require Partner to be scheduled for the day, before the service time, the following refund rules apply:
– Reservations charged in full – you are entitled to a refund of 90% of the total price, 10% of the total price is retained as a cancellation fee
– Reservations partially charged – we retain 10% of the total price of the booked Service as a cancellation fee, and to cover our costs.
If the request for cancellation is submitted beyond the stated time, you are not entitled to refund.
All changes to reservations must be requested via the Confirmation on the link ”MANAGE THE BOOKING” via the My Reservations account. After your application is approved, you will receive an updated Confirmation. Changes may also require certain price changes that you need to settle either in cash or by credit card. If the approved changes reduce the price, the price will be reduced or the difference in price will be refunded.
All changes within 24 hours of your service must be approved by Customer Support Department. Otherwise, it will not be considered valid.
10. OUR CHANGES, AMENDMENTS AND CANCELLATIONS
We have the right to request certain changes to the data in your reservation in order to raise the quality of the entire service. These can be changes to the time, method of payment or any other information in the reservation. You are not required to accept the changes we request from you. In this case, the previously agreed information in the reservation is valid.
We have the right to request certain changes to the data in your reservation due to incorrectly filled in data when booking. If due to incorrectly filled in data in the reservation the wrong price is offered, less than the correct one, we will offer you the option of choosing a new correct price or cancelling the reservation. In case of cancellation, the standard cancellation policy applies.
Although we strive to meet and exceed the expectations of all our customers, in certain rare situations we will be forced to cancel the ordered service. Reasons for this may be Force Majeure, such as weather disasters, strikes and other unforeseen external circumstances that we are unable to predict or control; technically, such as an equipment failure that we cannot replace in time, or organizationally and similar.
Regardless of the causes and circumstances, we undertake a full refund to Clients for services ordered but not provided, unless the Client is entitled to a refund due to the circumstances stated elsewhere in these General Terms and Conditions.
11. CLIENT NO SHOW POLICY
A client no show is considered if the client did not show up on the time of service as per the order confirmation, includes the waiting time or conditions set by Partner on there page on our “domains”
The No show policy applies to the goods ordered online through a given address on order confirmation or time mentioned to self pick up those goods at Partners location.
If you would like to change the details of service, such as change in times , hours or a different address , you shall contact our customer support department through Call , in case your call wasn’t answered in a timely manner, due to operational reasons or a network issues with telecom , we will undertake to reach you back in the soonest time frame, we also advice you to reach us in same time through email , or social medias to expedite your request quickly.
However we are not obliged to approve your request , without prior consultation with Partner.
If, according to all the above, your service is declared a no show, you are not entitled to a refund. In that case, if you have a cash-back refund, it will be cancelled and you will receive a cancellation confirmation. If you have already booked upcoming services ordered on our platform in future, we will contact you to confirm us the validity , if you do not confirm the service within 24 hours of scheduled service time, we will cancel the service. In that case, you do not have the right to a refund or a return transfer.
12. FORCE MAJEURE
Force majeure means extraordinary circumstances which we could not have foreseen or prevented by reasonable measures.
If the company or any of its representatives or contractual partners is unable to fulfil its obligations due to the consequences of force majeure that would occur after ordering the service, we will be considered exempt from obligations in accordance with these General Terms and Conditions.
Events resulting from force majeure are events for which we cannot be held responsible or cannot be influenced, but which significantly affect the provision of services. Such events are, for example, earthquakes, floods, fires or other extreme weather conditions, strikes, traffic jams, driving bans on certain roads, major events such as marathons or mass rallies, government moves, military operations of any kind, and so on.
13. CLIENTS BEHAVIOR
We reserve the right to deny service to client if:
• We believe that they are unable to use the services they have ordered, or
• We believe that their actions could cause embarrassment to other Clients, our staff, the staff of our partners, the public, or endanger anyone, or cause damage to property.
In addition, the service agreed with us may be cancelled in such a situation without exercising the right to a refund or any compensation.
In case of a breach against a particular component of the agreed service, special conditions may be imposed on the client, ” Co-clients/customers ” for the remaining duration of the service. Neither our company nor its partners can be held legally or financially liable for accidents, injuries, losses or damages caused by inappropriate client behaviour, which includes behaviour under the influence of substances of any kind, including prescription drugs and other medical devices.
If any client, ” Co-clients/customers ” breaks or damages anything during the service, or if the Clients, ” Co-clients/customers “, co behaviour necessitates unforeseen cleaning or maintenance of the Partner venue, we, and the owner of the property in question, will hold the Client or, ” Co-clients/customers ” liable for compensation in accordance with damage reports and invoices issued by relevant organizations. Failure to meet payment deadlines can lead to additional costs incurred as a result of filing a lawsuit.
14. ACCEPTANCE OF RISK
Your decision to use our service implies that you understand and accept the risks involved. This also means that you fully comply with the safety instructions provided by our and / or partner staff. Likewise, a traveller who feels potential discomfort or uncertainty about participating in any of our services should alert the appropriate staff members without delay. You are not obliged to use the agreed service. Our recommendation is to take travel insurance before each trip, no matter how short.
15. DISPUTES AND LIABILITY
Complaints are acceptable if you send them to us within 10 days of completing the service. If you decide to file a complaint against any of our services or any of its components, we undertake to process your complaint without undue delay, and in any case within 30 days of its receipt. Digital records from our servers will be considered sufficient proof of the time of receipt of your complaint.
We also undertake to transfer the funds in question to you no later than 30 days after your written acceptance of our refund decision, which you are obliged to provide within 10 days of our notification of the refund. Please note that we can in no way be held responsible for transferring funds to your bank account. We will document our payment and provide you with proof of payment upon request.
Data that is incorrectly communicated, which includes but is not limited to slips and other details entered in the order form, etc., will not automatically imply that you are entitled to a refund. Obvious errors, either on your part or ours, will not be considered contractually binding. In the event of complaints of death or personal injury resulting from activities that were part of your service, we are responsible for paying reasonable compensation, in each case subject to all limitations set forth in these General Terms and Conditions, if the complaint is based on circumstances under our supervision, or under the supervision of our partner.
Unless otherwise stated in these General Terms and Conditions, we shall not be held liable in legal, financial or any other sense for any loss, damage, personal injury or death that may result directly or indirectly from the use of our services. In addition, if it is determined that we have liability to you, our liability will be limited in accordance with all relevant National/international conventions.
If a dispute arises between us and you, and both parties make reasonable efforts to resolve it, but that resolution fails, the court with jurisdiction over the headquarters of Gouttarakhand will have jurisdiction to resolve the dispute.
You agree to make reasonable efforts and cooperate with us in obtaining compensation for the refund, which we have granted you, as well as in obtaining compensation from possible third parties. The rights that you may have in compensation due to the legal liability of that third party towards you arising from the use of our services will be deemed transferred from you to us unless otherwise regulated.
In case that any item of these General Terms and Conditions becomes legally invalid, this will not invalidate the rest of the text. Should an item prove legally unenforceable, it will be replaced without delay by effective, enforceable provisions that most faithfully reflect the business purpose of these General Terms and Conditions.
16. ORIGINAL AND TRANSLATIONS (LANGUAGE INFORMATION)
The original of these General Terms and Conditions is in English.
Our Customer Support Department will assist you using Hindi or English .
17. INTELLECTUAL PROPERTY RIGHTS
The use of protected names and other intellectual property rights of our contractual partners is regulated by licenses in our possession and protected by state legislation, as well as international provisions relating to intellectual property rights.
We prohibit you from using or exploiting our websites or any part of their content for any purpose other than ordering our services. This includes any commercial or competitive purpose as well as the full or partial duplication of our content by any means, which in particular includes practices known under the English names of scraping and deep linking accomplished in any way, without our prior written consent.
Our websites are protected, as well as their entire content, by business and intellectual property rights, and are the exclusive property of Gouttarakhand.
18. SUBJECT MATTER AND DURATION OF THE AGREEMENT
The following Articles form the Data Processing Agreement as part of the General Terms and Conditions (hereinafter referred to as the “Agreement”) entered into by Gouttarakhand and the Client — the customer of our services. Unless otherwise stated, all words and expressions shall have the same meaning as in Articles 1, 3 and 15.
The duration of this agreement will coincide with the duration of the General Terms and Conditions, of which the agreement is an integral part.
19. NATURE, PURPOSE AND SCOPE OF PROCESSING
The personal information you provide to us when ordering our services, as well as the communication resulting from your order, whether direct or indirect, supporting or consequential, is subject to our Privacy Policy (hereinafter) and will not be used for any purpose that is not necessary to process your request and provide the ordered service. The processing of your data and the communication that follows from your ordering of our services will be limited to the legitimate interest we have in terms of providing the services you have ordered.
This agreement applies to the processing of personal data belonging to our clients. The agreement also applies to personal data provided on behalf of Gouttarakhand by its partners.
We value your personal data , and takes all necessary measures to protect it, for the steps how we use your Personal data, please see our “Privacypolicy” o Gouttarakhand It systems.
We also reserve the right to contact you by phone using the number you entered in the order form.
Communication to an extent that goes beyond our legitimate interest in terms of processing your order and providing the ordered service requires your express permission, given by a separate act of your free will.
20. TYPE OF PERSONAL DATA
The following personal data may be included in the processing of personal data of our clients:
• Personal data provided in the order confirmation, in particular:
• Date, time,
• Number of Services ordered, name of co-clients/customers,
• Address for delivery of goods.
• Contact information of the client, which includes name, telephone number and e-mail address
• Category of service.
• Special requests made by the client,
• Location /Address of meeting place as per the service ordered.
• Telephone numbers of Gouttarakhand representatives and other information necessary for the thoughtful acceptance and proper execution of the service.
• All other necessary information , that Partner requires in order to fulfil the service ordered on our platform.
21. OUR RIGHTS AND OBLIGATIONS
Our obligations to you are as follows:
• Ensure that the processing of personal data, which includes the transfer of personal data to our partner if the need arises, takes place in accordance with the provisions of applicable data protection laws.
• Ensure that auditors or inspectors authorized to verify the compliance of us and our partners with this agreement are bound to maintain the confidentiality of information.
In addition to all other rights set forth in this Agreement and the General Terms and Conditions and without prejudice to those rights, Gouttarakhand reserves the right to transfer your personal information to our partner for the sole purpose of providing and performing the service you have ordered. This transfer and subsequent processing of data will be carried out in full compliance with these General Terms and Conditions.
22. YOUR RIGHTS TO PERSONAL DATA
You can contact us through our Contacts provided on our platform and ask us to update or remove personal data as applicable through “Privacy policy”.
23. Termination of the Contract does not release either Party from responsibilities under this Contract.
24. This Contract shall be construed under and governed by the Law of India.
25. Obvious errors and mistakes (including but not limited to misprints) are not binding.
26. All amendments to this Contract will be in full force and effect only if made in a written form and signed by the authorized representatives of the Parties.