Terms Of Service
This Master User Agreement constitutes a binding contract between you, the User, and XcelTrip LLC with regard to the use of various services that are provided by XcelTrip LLC
SECTION 1 - ONLINE PLATFORM TERMS
By availing the services from XcelTrip, it shall be deemed that the User has attained the age of majority, has read, understood and expressly accepts the terms and conditions of this Agreement, and shall be binding on the User. All rights and liabilities of the User and/or XcelTrip with respect to any services to be provided by XcelTrip shall be restricted to the scope of this agreement.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. The User understands that their content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
XcelTrip, at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by XcelTrip is not complete until full money towards the service is received from the User and accepted by XcelTrip.
SECTION 3 - ACCURACY AND COMPLETENESS OF INFORMATION/ LIMITATION OF LIABILITY
XcelTrip has endeavored to ensure that all the information provided by it is correct, but XcelTrip neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. XcelTrip makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
To the extent XcelTrip acts only as a booking agent and facilitator of Services on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the User as regards the standards and rendering of services by the Service Providers. In no circumstances shall XcelTrip be liable for the services provided by the Service Provider.
Although XcelTrip makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
Also, XcelTrip is not the Service Provider and cannot therefore, control or prevent changes in the published descriptions or representations, which are always based upon information provided by the Service Providers. XcelTrip acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers. All refunds to the User/customer on account of cancellation of any tickets/services or otherwise shall be made subject to receipt of such refunds by XcelTrip from the respective Service Provider including Airlines.
XcelTrip does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
XcelTrip does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
In no event shall XcelTrip be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from XcelTrip.
XcelTrip shall not be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from XcelTrip, whether based on contract, tort, negligence, strict liability or otherwise. Further, XcelTrip shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond XcelTrip's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/XcelTrip is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of XcelTrip arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services, less any cancellation, refund or others charges, as may be applicable. In no case XcelTrip shall be liable for any consequential loss, damage or additional expense whatsoever. In no event XcelTrip shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to the User/customer.
Section 4- ONUS OF THE USER
XcelTrip is responsible only for the transactions that are done by the User through XcelTrip. XcelTrip will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
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 regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of Singapore or other applicable law.
SECTION 5 - FEE AND PRICE
XcelTrip reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. XcelTrip further reserves the right to alter any and all fees from time to time, without notice.
XcelTrip reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. XcelTrip further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by XcelTrip for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Any increase in the price charged by XcelTrip on account of change in rate of taxes or imposition of new taxes by the Government shall have to be borne by customer.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate the User of the same. XcelTrip is not under any obligation to make another booking in lieu of or to compensate/replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User shall request XcelTrip for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of the airlines, hotels and XcelTrip as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or 'no show' air or hotel booking shall be deemed to have been forfeited.
SECTION 6 - OPTIONAL TOOLS/ WEBSITES
We may provide the User with access to third-party tools/websites over which we neither monitor nor have any control nor input.
The User acknowledges and agrees that XcelTrip provide access to such tools/websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of optional third-party tools/websites by the User.
Any use of optional tools/websites offered through this online platform is entirely at the User’s risk and discretion and the User should ensure that they are familiar with the third party policies and terms of use of such service provider. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-party links on our site may direct the User to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully, the third-party's policies and practices and make sure to understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - THIRD-PARTY LINKS
By using the Account in XcelTrip's websites, the User authorizes XcelTrip and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf, for retrieving requested information
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify XcelTrip immediately in writing, of any unauthorized use of their password or account or any other breach of security. XcelTrip will not be liable for any loss that may be incurred by the User as a result of unauthorized use of their password or account, either with or without their knowledge. The User shall not use anyone else's password at any time.
SECTION 8 - USER COMMENTS AND FEEDBACK, SOLICITATION
XcelTrip will review materials posted through Communication Service and shall remove any materials, at its sole discretion. XcelTrip reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
XcelTrip reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at XcelTrip's sole discretion.
XcelTrip does not control or endorse the content, messages or information found in any Communication Service and, therefore, XcelTrip specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the User's participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for keeping themselves updated of and adhering to such limitations if they download the materials.
When the User registers with XcelTrip.com, we or any of our partners/affiliate/group companies may contact the User from time to time to provide offers/information of such products/services that we believe may benefit the User.
The User is aware that XcelTrip provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance their travel experience. The User hereby specifically authorizes XcelTrip to contact the User with offers on various services offered by it, through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the User chooses not to be contacted, they shall write to XcelTrip for specific exclusion at customercare@xceltrip.comor provide their preferences to the respective service provider. The Users are advised to read and understand the privacy policy of XcelTrip on its website in accordance of which XcelTrip contacts, solicits the User or shares the User's information.
SECTION 9 - PERSONAL INFORMATION
The User’s submission of personal information through the online platform is governed by XcelTrip’s Privacy Policy.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the User is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate the User’suse of the Service or any related website for violating any of the prohibited uses.
SECTION 11 - INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless XcelTrip and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, assigns, subcontractors, suppliers, interns and employees, harmless against all losses, claim or demand, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and disbursements in connection therewith and interest chargeable thereon), made by any third-party due to or arising out of the User’s breach of these Terms of Service or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and XcelTrip cannot be held responsible for the same.
SECTION 12 - RIGHT TO REFUSE
XcelTrip, at its sole discretion, reserves the right to not accept any customer order without assigning any reason thereof. Any contract to provide any service by XcelTrip is not complete until full money towards the service is received from the customer and accepted by XcelTrip.
XcelTrip may at any time, at its sole discretion, reinstate suspended users. Once the User has been indefinitely suspended, the User shall not register or attempt to register with XcelTrip or use the website in any manner whatsoever until such time that the User is reinstated by XcelTrip.
Notwithstanding the foregoing, if the User breaches this agreement, the TOS or the documents it incorporates by reference, XcelTrip reserves the right to recover any amounts due and owing by the User to XcelTrip and/or the service provider and to take strict legal action as XcelTrip deems necessary.
SECTION 13 – RIGHT TO CANCELLATION BY XcelTrip IN CASE OF INVALID INFROMATION FROM USER
The User expressly undertakes to provide to XcelTrip only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from XcelTrip.
In case XcelTrip 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 them is not correct or that any fact has been misrepresented by them, XcelTrip at its sole discretion, shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, XcelTrip shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies XcelTrip of any such claim or liability and shall not hold XcelTrip responsible for any loss or damage arising out of measures taken by XcelTrip for safeguarding its own interest and that of its genuine customers. This would also include XcelTrip denying/cancelling any bookings on account of suspected fraud transactions.
SECTION 14 – INTERPRETATION NUMBER AND GENDER
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
SECTION 15 – SEVERABILITY
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 -– TERMINATION
Either the User or XcelTrip may terminate this Agreement and Service with or without cause, at any time, to be effective immediately.
The User agrees that XcelTrip may under certain circumstances and without prior notice, may immediately terminate the User's id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or XcelTrip through a written notice to the other. XcelTrip shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify XcelTrip of such discontinuance.
Upon termination of the Service, the User's right to use the Website/Services and software shall immediately cease. The User shall have no right and XcelTrip shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
SECTION 17 - COMPLIANCE WITH THE LAW
XcelTrip shall strictly comply with all applicable laws. XcelTrip, its employees and any sub-contractor retained shall be bound by XcelTrip Anti-Bribery Policy, Supplier Code of Conduct, OTA Refund & Cancellation policy/ OTA Privacy Policy/ OTA Pricing Policy, and any other policies and guidelines that may be provided by XcelTrip from time to time. (Provide the Link of Policies) XcelTrip hereby confirms that it has read and understood the above mentioned policies and guidelines and shall perform its
SECTION 18 - ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of this Agreement Service shall not constitute a waiver of such right or provision.
This Agreement and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement, if any).
Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us atcustomercare@xceltrip.com. This document was updated in June 2018
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