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APPLICABILITY
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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 MakeMyTrip Inc. ("MMT").
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Any person ("User") who inquiries about or
purchases any products or services of MMT
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 MMT are collectively referred to
as ‘Website’.
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Both User and MMT are individually referred to
as 'Party' and collectively referred to as
'Parties' to the User Agreement.
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"Terms of Service" available on MMT’s website
details out terms & conditions applicable on
various services or products facilitated by MMT.
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.
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ELIGIBILITY TO USE
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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 MMT.
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Before using the Website, approaching any Sales
Channels or procuring the services of MMT, 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 MMT. If the User does not
agree with any part of this Agreement, then the
User must not avail MMT's services and must not
access or approach the Sales Channels of MMT.
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All rights and liabilities of the User and MMT
with respect to any services or product
facilitated by MMT shall be restricted to the
scope of this User Agreement.
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CONTENT
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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 MMT and
protected under applicable intellectual property
laws. User cannot use this Content for any other
purpose, except as specified herein.
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User agrees to follow all instructions provided
by MMT which will prescribe the way such User
may use the Content.
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There are a number of proprietary logos, service
marks and trademarks displayed on the Website
and through other Sales Channels of MMT, as may
be applicable. MMT 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.
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MMT respects the intellectual property rights of
others. If you notice any act of infringement on
the Website, you are requested to send us a
written notice/ intimation which must include
the following information;
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Clear identification of such copyrighted work
that you claim has been infringed;
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Location of the material on the Website,
including but not limited to the link of the
infringing material;
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The proof that the alleged copyrighted work is
owned by you;
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Contact information;
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The aforesaid notices can be sent to MMT by
email at
IPR@go-mmt.com.
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WEBSITE
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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 MMT is true and accurate.
MMT
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.
MMT
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.
MMT 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@go-mmt.com. On receiving such report, MMT reserves the
right to investigate and/or take such action as
the Company may deem appropriate.
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BOOKINGS BY TRAVEL AGENTS
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Except with the prior registration with MMT as B2B
agents, priority partner or a franchisee, and
explicit permission of MMT 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, MMT
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. MMT
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.
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All discounts and offers mentioned on the Website
are applicable only to the User(s) of MMT for
legitimate bookings.
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LIMITED LIABILITY OF MMT
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Unless MMT explicitly acts as a reseller in
certain scenarios, MMT always acts as a
facilitator by connecting the User with the
respective service providers like airlines,
hotels, restaurants, bus operators etc.
(collectively referred to as "Service
Providers"). MMT's liability is limited to
providing the User with a confirmed booking as
selected by the User.
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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. MMT
will have no liability with respect to the acts,
omissions, errors, representations, warranties,
breaches or negligence on part of any Service
Provider.
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Unless explicitly committed by MMT as a part of
any product or service:
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MMT assumes no liability for the standard of
services as provided by the respective Service
Providers.
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MMT provides no guarantee with regard to their
quality or fitness as represented.
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MMT doesn't guarantee the availability of any
services as listed by a Service Provider.
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By making a booking, User understands MMT merely
provides a technology platform for booking of
services and products and the ultimate liability
rests on the respective Service Provider and not
MMT. Thus the ultimate contract of service is
between User and Service Provider.
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USER'S RESPONSIBILITY
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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 warrants that they will abide by all such
additional procedures and guidelines, as
modified from time to time, in connection with
the use of the services. The User further
warrants that they will comply with all
applicable laws and regulations of the concerned
jurisdiction regarding use of the services for
each transaction. Additionally, User also
understands that they are bound by the terms of
the ultimate Service Provider and they undertake
to go through the same.
The services
are provided on an "as is" and "as available"
basis. MMT may change the features or
functionality of the services being provided at
any time, in its sole discretion, without any
prior notice. MMT 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 MMT 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
MMT’s representative to contact such user over
phone, message and email. This consent shall
supersede any preferences set by such User
available under the applicable laws.
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SECURITY AND ACCOUNT RELATED INFORMATION
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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 MMT immediately in writing of any
unauthorized use of their password or account or
any other breach of security. MMT 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.
MMT 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., MMT may at times verify
certain information of its Users like their credit
score, as and when required.
MMT adopts
the best industry standard to secure the
information as provided by the User. However, MMT
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 MMT may be
shared with concerned law enforcement agencies for
any lawful or investigation purpose without the
consent of the User.
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FEES AND PAYMENT
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In addition to the cost of booking as charged by
the Service Providers, MMT reserves the right to
charge certain fees in the nature of orservice
fees. MMT 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, MMT shall
reserve the right to deduct, charge or claim the
balance amount from the User and the User shall
pay such balance amount to MMT. In cases where
the short charge is claimed prior to the
utilization of the booking, MMT 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 MMT 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.
In the rare
circumstance of a booking not getting confirmed
for any reason whatsoever, MMT will process the
refund of the booking amount paid by the User
and intimate the User about the same. MMT 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 MMT
as the case may be.
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 MMT. MMT 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
MMT. 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 MMT or to any personal account of any person,
MMT shall not be held liable for the same. User
shall not hold any right to recover from MMT any
amount which is transferred by the User to any
third party.
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 MMT. The User shall
immediately inform MMT if such details are
demanded by any of its agents' employees or
representatives. MMT 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 MMT are subject to the
applicable cancellation policy as set out on the
booking page or as communicated to the customers
in writing.
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USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS
OF THE USER BY MMT
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MMT 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.
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MMT 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.
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The User hereby unconditionally consents that
such communications via SMS, internet-based
messaging applications like WhatsApp, voice
call, email or any other mode by MMT are:
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upon the request and authorization of the
User;
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‘transactional’ and not an ‘unsolicited
commercial communication’ in compliance of the
local laws, and
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in compliance with the relevant
guidelines/laws framed by the Federal
Communications Commission (FCC), National
Telecommunications and Information
Administration (NTIA)or such other relevant
authority.
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The User will indemnify MMT against all types of
losses and damages incurred by MMT due to any
action taken by the Federal Communications
Commission (FCC), National Telecommunications
and Information Administration (NTIA), Access
Providers or any other local authority due to
any erroneous complaint raised by the User on
MMT 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.
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User also understands that they will always have
an option of withdrawing the consent as set out
above. User will have an unconditional right to
opt out of receiving messages and email
including but not limited to communications that
are of marketing in nature by simply writing to
MMT on
riskcontrol@go-mmt.com
or by amending the notification settings
in User’s account profile settings.
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INSURANCE
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Unless explicitly provided by MMT in any specific
service or deliverable, obtaining sufficient insurance
coverage is the obligation of the User. In no case MMT
shall accept any claims arising out of such
scenarios.
Insurance, if any provided as a
part of the service or product by MMT shall be as per
the terms and conditions of the third-party insurance
company. MMT 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. MMT shall not be held liable in case of
partial acceptance or denial of the claims by the
insurance company.
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OBLIGATION TO OBTAIN VISA
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International bookings made through MMT 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.
MMT 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 MMT for the visa process too.
Refund, if any, will be as per the applicable terms of
booking and cancellation policy.
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FORCE MAJEURE
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There can be exceptional circumstances where MMT and /
or the Service Providers may be unable to honor the
confirmed bookings due to various reasons like act of
God, labor unrest, insolvency, business exigencies,
government decisions, terrorist activity, any
operational and technical issues, route and flight
cancellations etc. or any other reason beyond the
control of MMT. If MMT 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 MMT 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, MMT's
obligation shall be limited refunding the booking
amount, if any, received from the customer. Such refund
shall completely discharge MMT from all liabilities with
respect to that transaction. Additional liabilities, if
any, shall be borne by the User.
In no event
shall MMT 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.
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ADVERTISERS ON MMT, AND LINKED WEBSITES
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The Website may contain links to third party websites. MMT
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 MMT
shall assume no liability for the same.
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MMT 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.
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MMT 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.
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The linked sites are not under the control of MMT and
hence MMT is not responsible for the contents of any
linked site(s) or any further links on such site(s), or
any changes
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USE OF FLIGHT SEGMENTS
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In the event User does not embark on the onward journey,
the entire PNR pertaining to that booking shall be
automatically cancelled by the airline. In such a
scenario MMT has no control in the said process nor will
be obligated to provide alternate bookings to the User.
The cancellation penalty in such an event shall be as
per the applicable airline rules.
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CHANGES TO EXISTING BOOKING
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Any changes that are made to any existing booking shall
be subject to certain charges levied by the respective
airline, apart from the service fee charged by MMT.
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The User shall be obligated to pay applicable charges in
the event of any alteration or modification to an
existing booking. However, depending on the airline's
policy and fare class, charges for changes or
modifications to existing bookings may vary.
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REFUND
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Refunds will be processed as per the airline fare rules
and cancellation policy. Such refunds shall be subject
to MMT receiving the same from the airlines. However,
the convenience fee paid to MMT paid at the time of
booking is a non-refundable fee.
All
cancellations made directly with the airline need to be
intimated to MMT, in order to initiate the process of
refund. The processing time for refunds may vary
depending on the mode of payment, bank etc. The refund
shall be processed after deducting the MMT service fee
which is independent of the convenience fee as mentioned
above.
The refund will be credited to the
same account from which the payment was made. For
example, if the User used a credit card, MMT will make
an appropriate charge reversal to the same credit card;
like-wise if the User used a debit card, MMT will credit
the money to the same debit card.
In the
event of cancellation and refund of partially utilized
tickets, upfront discount and promo code discount
availed at the time of booking would be deducted from
the refund amount.
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