Terms and Conditions

General Terms Of Use and Service

  1. The magicspree.com (the "Site") is hosted and maintained by Troosol Enterprises Pvt Ltd ("Company"), a company incorporated and existing in accordance with the prevailing laws of Republic of India.
  2. When you, as a user, access, browse or use this Site, you deemed to have read and accepted the terms and conditions set forth herein, without limitation or qualification.
  3. When you access any of the sub-Site (whether belonging to an 'associate' of Company or otherwise) through this Site, you may come across terms and conditions which are specific to such sub-Site.
  4. These Terms and Conditions of use together with any additional terms posted on this Site constitute the entire agreement between Company and you with respect to your use of this Site.

Ownership

  1. All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and copyright laws. You cannot use the Content for any purpose, except as specified herein.
  2. You agree to follow all instructions so provided on this Site limiting the way you may use the Content.
  3. There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Company or any other third party. By displaying them on this Site, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
  4. You may download such copy/copies of the Content to be used only by you for your personal use.
  5. If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Company, as non-confidential.
  6. You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Company uses such material.
  7. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Company anywhere in the world, in any medium, whatsoever.

Site and Content on Site

  1. This Site is only for your personal use. You shall not distribute exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose
  2. As long as you comply with the terms of these Terms and Conditions of Use, Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.
  3. Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to fill up certain details. These details required may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to fill up certain details. These details required may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
  4. This site is for consumer use only. Any agent/tour operator/consolidator/aggregator should not use this site for individual/group bookings. In the event of bookings by any travel agent/tour operator/consolidator/aggregator through the Site are detected, the Company reserves the right, including without limitation, to cancel such bookings immediately without any notice to such agent/tour operator/aggregator/consolidator and/or to withhold payments/commissions thereto. The various discounts and offers mentioned on the Site are applicable to the consumers for the purposes of end use only
  5. You are requested to report to admin@magicspree.com in the event you perceive any content on the Website to be unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law. On receiving such report, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate.

Links to Third Party Website

  1. This Site may contain links to websites operated by parties other than Company. Company does not control such Sites and is not responsible for their contents. Company's inclusion of hyperlinks to such Sites does not imply any endorsement of the material on such Sites or any association with their operators. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk.

Transmitted Material

  1. Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card/debit card/bank information) is encrypted (sent in code). Sending a message to Company does not cause Company to have any special responsibility to you.
  2. The copyright in the contents of this Site belongs to Company. Accordingly, Company reserves all rights. Copying of part or all the contents of this Site without permission of Company is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the services.

Disclaimer

  1. The material in this Site could include technical inaccuracies or typographical errors. Company may make changes/modifications or improvements on the Site at any time or from time to time.
  2. The materials on this Site are provided on an "As Is" basis, without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Company disclaims all warranties of merchantability and fitness for a particular purpose.
  3. Company does not warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components, but shall endeavour that such anomalies or disruptions do not disturb you and you get your fullest satisfaction. Company does not warrant or make any representations regarding the use of or the result of the use of the material on the Site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as other service providers, hotel owners and tour operators.
  4. You acknowledge that this Site is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
  5. You also acknowledge that through this Site, Company merely provides intermediary services in order to facilitate providing of services from various service providers. Company is not the service provider of services to you and therefore, Company shall not be or deemed to be responsible for any lack or deficiency of services provided by any person ( travel/tour operator, hotel, restaurant, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.
  6. Company will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.
  7. If for any reason, the law does not permit exclusions of liability then, the liability of the Company shall be limited to such amount paid by the user and retained by the Company for the transaction in question.

General Provisions

  1. Company may add to, modify or remove any part of these Terms and Conditions of Use at any time as it may deem fit, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
  2. Company may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
  3. Company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Company's systems as well as its clients’ and users’ interests are and remain, well-protected. Towards this end, Company may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
  4. If Company, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then Company may cancel the said orders at any time after it was discovered to be so.
  5. You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.
  6. Company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Company shall have no obligation to take the needs of any User into consideration in connection therewith.
  7. Company reserves its right to deny in its sole discretion any user, access to this Site or any portion hereof without notice.
  8. No waiver by Company of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

Coupons and Coupon Codes

  1. magicspree.com provides coupons of service providers as per deal arrangements. The coupons can be purchased on the website by the users and shown at the outlet of the service providers to avail the deals offer. Users are advised that at the Point Of Sales of the service providers, the validity of the coupon/coupons will be checked by the service provider before the coupon offers are honoured by the service providers. For validating, the process followed by the service provider or magicspree is fully within their system working arrangements and user has no say on that.
  2. The company is not liable to give any credit to the user if the coupon’s validity has expired at the time of services being availed.

DISPUTES

  1. If any dispute arises between you and Company during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. Both parties shall agree to a sole arbitrator. The place of arbitration shall be Delhi. The arbitration proceedings shall be in the English language.
  2. The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
  3. These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Delhi, India.

Some Specific Terms for Hotels Booking

  1. MagicSpree acts only as an intermediary agent with the role only of a mediator. Even if you make a booking through us, the contract will be between the service provider and you and contractual terms and conditions of the service provider shall apply. MagicSpree is not a party to the contractual relationship.
  2. Hotels may not allow local residents to check-in as guests . This is strictly subject to the Hotel Policies and MagicSpree will not be responsible for such check-in denials.
  3. Hotels reserves the right of admission. Unmarried/unrelated couples may not be allowed to check-in. Similarly accommodation can be denied to guests posing as a Couple if suitable proof of identification is not presented at check-in. Magicspree will not be responsible for any check-in denied by the hotel due to the aforesaid reason. No refund would be applicable in case the hotel denies check-in under such circumstances.
  4. The hotel pictures/information on the website, including amenities and facilities are provided by the hotel. This information is for reference only. For any discrepancy that exists between the website pictures and actual settings, Magicspree is not liable and responsible.
  5. The credit card details should be sent only via the auto generated form and in no other format.
  6. The hotel may deny your booking if it is not able to authenticate and verify your identity as per its terms and conditions.
  7. The hotel might block your credit card for the amount of the booking as per the hotel's terms and conditions and the Company shall not be responsible for the same.
  8. The primary guest must be at least 18 years old to be able to check into the hotel.
  9. Check-in time and check-out time is as per hotel policy & terms. Early check-in or late check-out request is subject to availability and the hotel might charge you extra for it. Please note that the check-in time is subject to change as per hotel policy & seasonality.
  10. Your stay does not include additional personal expenses like telephone charges, meals that aren't part of your meal plan, any hotel services you use (like laundry and room service) or tips. The hotel will charge you directly for these when you're checking out.
  11. It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Drivers License, Voters Card, and Passport. Without valid ID the guest will not be allowed to check in. Note- PAN Cards will not be accepted as a valid ID card.
  12. Time Zone applicable for content displayed on the website shall be Indian Standard Time for all purposes unless explicitly mentioned otherwise.

Refunds

  1. The Company does not accept amendment request to the hotel reservation once the reservation has been confirmed. This is so because MagicSpree is the last minute deal platform.
  2. The Company doesn't support changes and modifications to online bookings once they're made.
  3. MagicSpree being the last minute platform, does not honor any refunds. Refunds, if any in extra ordinary circumstances, shall be done by the Hotel directly to you and the Company is not responsible to ensuring any refunds whatsoever.
  4. Your bank may debit its own separate charges from refunds made to your credit card or bank account.

These terms and conditions of use apply to any user of the Website including your browsing and uploading of hotel/holiday reviews, pictures taken by tourists / travellers, travel videos, forum postings, and any other publications by you on the Website.

These Terms and Conditions of use and any additional terms posted on  http://www.magicspree.com/terms-and-conditions/ constitute the entire agreement between Company and you with respect to your use of the Website.

You may visit the Website to gain information without charge and may also participate by inserting a hotel review, by inserting/uploading pictures of your holiday, as well as videos of your holiday, and/or by writing an entry/posting ("Content").

GENERAL TERMS

  1. By using this Website you agree that you are at least 18 years old in order to upload the Content on the website.
  2. You warrant and represent that you have no personal or business relationship with the Company and have not been offered any incentive or payment from the Company to write and upload any Content
  3. The Company is not liable for any direct or indirect damages arising from the use of the Content.
  4. You shall not make any statements about yourself or any other person which are false or capable of being misunderstood or misrepresented in any manner.
  5. It is a condition of your use of this Website that you shall not upload any content that:
  6. Is deliberately or negligently false;
  7. Is abusive, threatening, inflammatory, offensive, defamatory, coercive, obscene, belligerent, glorifying violent, vulgar, sexually explicit, pornographic or otherwise objectionable;
  8. Is racist, promotes illegal activity, incitement of the masses, bigotry or hatred;
  9. violates or infringes any applicable law;
  10. you are not authorized to propagate;
  11. contains viruses, corrupted data or other harmful, disruptive or destructive files;
  12. Is unrelated to the area of the Website where it is posted; or
  13. Contains unauthorised links or similar entities or is capable of interfering with the functioning of foreign data processing equipment/installations, in particular computers.
  14. Please note that we do not edit or control the content posted or distributed on the Website by users. In the event that any user violates any of the above restrictions concerning the posting or uploading of Content, the Company reserves the right to delete, modify or add content without prior or later notice and without explanations and/or reason.
  15. Grant of rights - By posting or uploading Content on the Website you agree that you have full rights and authority to do so and have obtained any necessary approvals and consents from third parties where applicable.
  16. You acknowledge and agree that your Content is non-confidential and non-proprietary.
  17. You hereby grant the Company and its affiliates a free of charge, irrevocable, permanent, transferable, fully sub-licensable and worldwide right to use your Content in any form and in any medium which is now known or devised at a later date (including but not limited to print, on the internet (including but not limited to www.magicspree.com, television and mobile communication platforms).
  18. You permit us to use your name which you provide to us alongside any Content you submit and acknowledge that we may choose to provide attribution of your comments or reviews at our discretion.
  19. You grant the Company the right to take legal action against any person or entity that violates yours or the Company's rights in the Content by a breach of these terms of use. Please note that if you violate one or more of these terms of use, you will indemnify us to the full extent of any claims by any third party.
  20. Any effort to disrupt, destroy, limit or otherwise negatively influence or modify the intended functionality of the Website is prohibited.
  21. Furthermore you agree:
  22. To describe hotels and places as accurately as possible and in particular to add all parts of the name and further information necessary for their identification, especially in respect of hotel chains;
  23. To only rate a hotel/resort if you have spent time in that specific hotel/resort and/or have used their service ;
  24. That you will not provide a report, comment or upload a picture in respect of hotels or resorts where you are an employee, owner or operator at the hotel or resort or connected to it in any other similar way.
  25. Not to give any false or misleading ratings or false statements concerning staff, holiday makers, leisure facilities, hotels, resorts, and cruises which could have an effect on the decision of other people willing to travel to a particular destination or use a particular service;
  26. To give comments within the boundaries of freedom of speech for the purpose of giving other people who are willing to travel and use a connected service the possibility for an objective, meaningful and comprehensive insight into a destination, region, hotel, resort, service and its/their circumstances.
  27. Not to collect, assemble, and/or publish in any way other users' personal data and/or other information.
  28. You agree that where you contact us and any third parties by using the Website, its private message system and/or a contact forum, you will not write or send any content which:
  29. Is abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic or otherwise objectionable and/or actionable/illicit;
  30. Is contrary to any applicable law, especially violates third parties' intellectual property rights;
  31. Is commercial advertisement or any other undesired advertisement (e.g. spam), and
  32. Is otherwise in breach of any other part of these terms and conditions of use.

The Company retains the right to temporarily or permanently ban any user/s who are in breach of these or any other part of these terms and conditions.

Please be aware that by providing information about a destination, we do not intend to inform that travel to such destination is advisable or is without any risk. Travel to any destination is totally the decision of the user and we are in no way involved in travel decisions or travel related arrangements. We are not liable for damages or losses that may result if you travel to such destinations

LIABILITY AND DISCLAIMER

  1. The Company does not guarantee or warrant the completeness, correctness, accuracy or quality of any User Content.
  2. Content concerning travel services, prices and taxes has been provided to the Company by travel agencies, and/or related service institutions.
  3. On this basis, we would recommend that you should get in touch with authorities, embassies, tourist information desks and other applicable institutions in order to help verify the accuracy of the Content.
  4. The Company cannot guarantee the correctness, completeness, accuracy or quality of the Content.
  5. Please note that user Content represents the views of the individual use and does not represent a statement, opinion recommendation or rating by the Company.
  6. The Website and content may be used it at your own risk.
  7. The Company expressly reserves the right to block, modify, add to and/or delete all or part of the Website, or any of its other websites, whether temporarily or permanently.
  8. You are responsible for ensuring that you have the necessary IT equipment to use the Website.
  9. The Company does not guarantee or warrant that the Website is free of viruses, worms, Trojan horses or any other malicious codes which could have a destructive, vitiating, disruptive or other negative impact.

Nothing in these terms of use shall limit or exclude our liability ( if any) to you for ; a breach of your consumer rights; fraud or fraudulent misrepresentation; personal injury or death resulting from our negligence; or any other matter for which it would be illegal for us to exclude, or attempt to exclude our liability.

TRADEMARKS, INTELLECTUAL PROPERTY, COPYRIGHT

  1. We are the owner or the licensee of all intellectual property rights (copyright, trade marks, patents, design rights etc.) in our Website, and in the content published on it.
  2. Any content published on the Website (e.g. software, products, trademarks such as logos etc., information, reports, pictures and graphics) is protected by national and international laws and agreements.
  3. Any kind of copying, duplication, distribution, commercial exploitation, modification, adding and/or deletion is prohibited, including the integration of any content on external websites, for example through interlinks, deeplinks, or frames.

COMPENSATION

  1. You agree to defend and fully compensate Company and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited, to reasonable legal and accounting fees, brought by third parties as a result of:
  2. Your breach of these terms of use or the documents referenced herein;
  3. Your violation of any applicable law including but not limited to violation of intellectual property rights of a third party; or
  4. Your use of this Website.

MODIFICATION OF TERMS OF USE

  1. The Company reserves the right to modify or supplement these terms of use for regulatory, legal, technical or any other reason with future effect by placing an advance notice on the Website. The notice will include the date of planned change and the consequences for users.
  2. Registered users of the Company will get additional information about planned change of terms of use via e-mail.

GOVERNING LAW AND FORUM

  1. These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Delhi, India

SEVERABILITY CLAUSE

  1. If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these terms of use shall continue in effect.

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