Unless explicitly committed by BLUE PEARL TRAVEL as a part of any product or service:
By making a booking, User understands BLUE PEARL TRAVEL merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not BLUE PEARL TRAVEL Thus the ultimate contract of service is between User and Service Provider.
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through BLUE PEARL TRAVEL. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an "as is" and "as available" basis. BLUE PEARL TRAVEL may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify BLUE PEARL TRAVEL immediately in writing of any unauthorized use of their password or account or any other breach of security. BLUE PEARL TRAVEL 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.
BLUE PEARL TRAVEL 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., BLUE PEARL TRAVEL may at times verify certain information of its Users like their credit score, as and when required. BLUE PEARL TRAVEL will not be responsible for any unauthorised credit card / debit card / net banking or any other online payment mode transactions done on behalf of the users end.
BLUE PEARL TRAVEL adopts the best industry standard to secure the information as provided by the User. However, BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, BLUE PEARL TRAVEL reserves the right to charge certain fees in the nature of convenience fees or service fees. BLUE PEARL TRAVEL 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, BLUE PEARL TRAVEL shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to BLUE PEARL TRAVEL. In cases where the short charge is claimed prior to the utilization of the booking, BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL 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, BLUE PEARL TRAVEL will process the refund of the booking amount paid by the User and intimate the User about the same. BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL. BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL or to any personal account of any person, BLUE PEARL TRAVEL shall not be held liable for the same. User shall not hold any right to recover from BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL. The User shall immediately inform BLUE PEARL TRAVEL if such details are demanded by any of its agents' employees or representatives. BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY BLUE PEARL TRAVEL
BLUE PEARL TRAVEL 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.
BLUE PEARL TRAVEL may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by BLUE PEARL TRAVEL are:
• upon the request and authorization of the User;
• 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
• in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify BLUE PEARL TRAVEL against all types of losses and damages incurred by BLUE PEARL TRAVEL due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on BLUE PEARL TRAVEL 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.
Unless explicitly provided by BLUE PEARL TRAVEL in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case BLUE PEARL TRAVEL shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by BLUE PEARL TRAVEL shall be as per the terms and conditions of the third-party insurance company. BLUE PEARL TRAVEL 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. BLUE PEARL TRAVEL shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)
The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS)which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by BLUE PEARL TRAVEL either at the time of booking or after the booking is made. In case the traveler is a minor, BLUE PEARL TRAVEL will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.
The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
The User authorizes BLUE PEARL TRAVEL to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.
OBLIGATION TO OBTAIN VISA
International bookings made through BLUE PEARL TRAVEL 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.
BLUE PEARL TRAVEL 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 BLUE PEARL TRAVEL for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
There can be exceptional circumstances where BLUE PEARL TRAVEL and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of BLUE PEARL TRAVEL . If BLUE PEARL TRAVEL 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 ortry to refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that BLUE PEARL TRAVEL 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, BLUE PEARL TRAVEL’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge BLUE PEARL TRAVEL from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall BLUE PEARL TRAVEL 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.
RIGHT TO REFUSE
RIGHT TO REFUSAL BY BLUE PEARL TRAVEL :
BLUE PEARL TRAVEL at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
BLUE PEARL TRAVEL will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to BLUE PEARL TRAVEL under this User Agreement or under applicable law, BLUE PEARL TRAVEL may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
• The User is in breach of this User Agreement; or
• BLUE PEARL TRAVEL is unable to verify or authenticate any information provided by the User; or
• BLUE PEARL TRAVEL believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of BLUE PEARL TRAVEL, or BLUE PEARL TRAVEL itself.
Once a User has been suspended or terminated, such User shall not register or attempt to register with BLUE PEARL TRAVEL with different credentials, or use the Website in any manner whatsoever until such User is reinstated by BLUE PEARL TRAVEL. BLUE PEARL TRAVEL may at any time in its sole discretion reinstate suspended users.
If a User breaches this User Agreement, BLUE PEARL TRAVEL reserves the right to recover any amounts due to be paid by the User to BLUE PEARL TRAVEL, and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to BLUE PEARL TRAVEL which is, or communicate with BLUE PEARL TRAVEL using language or content which is:
• abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
• contrary to any applicable law;
• violates third parties' intellectual property rights;
• a spam; or
• in breach of any other part of these terms and conditions of use.
If the User violates any of the aforesaid terms, BLUE PEARL TRAVEL shall be at liberty to take appropriate legal action against the User.
RIGHT TO REFUSAL BY END SERVICE PROVIDER:
User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through BLUE PEARL TRAVEL with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of BLUE PEARL TRAVEL and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not BLUE PEARL TRAVEL.
RIGHT TO CANCEL
The User expressly undertakes to provide BLUE PEARL TRAVEL with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from BLUE PEARL TRAVEL.
In case BLUE PEARL TRAVEL discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, BLUE PEARL TRAVEL shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, BLUE PEARL TRAVEL shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, government authority approaches BLUE PEARL TRAVEL to cancel any booking, BLUE PEARL TRAVEL will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold BLUE PEARL TRAVEL responsible for any loss or damage arising out of measures taken by BLUE PEARL TRAVEL for safeguarding its own interest and that of its genuine customers. This would also include BLUE PEARL TRAVEL denying or cancelling any bookings on account of suspected fraud transactions.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
BLUE PEARL TRAVEL's employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
The User agrees to indemnify, defend and hold harmless BLUE PEARL TRAVEL, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and BLUE PEARL TRAVEL cannot be held responsible for the same.
COVID-19 RELATED TERMS & CONDITIONS:
User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:
• exhibiting any symptoms associated with COVID 19.
• refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.
• suffering of any ailment making the User vulnerable to the virus
• posing a threat to the health and safety of others
In such cases BLUE PEARL TRAVEL will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by BLUE PEARL TRAVEL to the User subject to receipt of the same from the end service provider.
User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.
The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, BLUE PEARL TRAVEL will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.
User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. or at the time of checking-in for a flight, into a hotel etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.
User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard the User may be required to furnish a medical proof or health declaration in a applicable format.
SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Kolkata.
AMENDMENT TO THE USER AGREEMENT: BLUE PEARL TRAVEL reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
CONFIDENTIALITY: Any information which is specifically mentioned by BLUE PEARL TRAVEL as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
FEEDBACK FROM CUSTOMER: BLUE PEARL TRAVEL would like to know the feedback of the Users for improving its services. The User hereby authorizes BLUE PEARL TRAVEL to contact the User for their feedback on various services offered by BLUE PEARL TRAVEL. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to BLUE PEARL TRAVEL for specific exclusion at email@example.com
ROLE OF BLUE PEARL TRAVEL AND LIMITATION OF LIABILITY OF BLUE PEARL TRAVEL
BLUE PEARL TRAVEL acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context includes all categories of accommodations such as hotels, water villas, beach villas bed and breakfast stays, farm-houses and any other alternate accommodations with various meal plans
All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to BLUE PEARL TRAVEL. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. BLUE PEARL TRAVEL will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL
The hotel booking voucher which BLUE PEARL TRAVEL issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can BLUE PEARL TRAVEL be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of BLUE PEARL TRAVEL in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited ( sole discretion at BLUE PEARL TRAVEL ) providing a refund of the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.
Hotels reserves the sole right of admission and BLUE PEARL TRAVEL has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. BLUE PEARL TRAVEL will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of BLUE PEARL TRAVELT. No refund would be applicable in case the hotel denies check-in under such circumstances.
RESPONSIBILITIES OF THE USER
The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. BLUE PEARL TRAVEL would not, in any way, intervene in the same.
The primary guest must be at least 18 years old to be able to check into the hotel.
The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out, REQUEST FOR FREE UPGRADATION request is subject to availability and the hotel may charge an additional fee for providing such services.
ADDITIONAL CHARGES BY THE HOTEL
The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.
Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. BLUE PEARL TRAVEL will have no control over waiving the same.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
Booking of a hotel will be "Prepaid" by a hotel on the Website of BLUE PEARL TRAVEL.
In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by BLUE PEARL TRAVEL.
At the hotel's or BLUE PEARL TRAVEL's sole discretion on case to case basis. For security purposes, the User must provide BLUE PEARL TRAVEL with correct credit or debit card details. BLUE PEARL TRAVEL may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
For security purposes, the User must provide BLUE PEARL TRAVEL with correct credit or debit card details. BLUE PEARL TRAVEL may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.
Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by BLUE PEARL TRAVEL and solely at the behest of the Hotel.