Once the User books through www.myowntours.com you agree to be legally bound by the following terms. MyOwnTours acts in good faith and cannot be held responsible for any loss, damage, accidents, sickness or schedule changes caused by weather or road conditions, force majeur such as natural catastrophes, strikes or any other irregularities beyond the control of MyOwnTours. Luggage is at the owner's risk throughout the tour. MOT adviseS all clients to have insurance cover, as clients are at their own risk.
Our main goal is to provide our customers with an excellent service. If, for any reason, the User is not satisfied with MOT holiday package or the quality of the services provided by our partners, we would like to hear about it. We recommend you contact MOT as soon as any incident occurs. All complaints must reach MOT within 15 days after the incident in a written form - letter or email. MOT will do its best to understand what happened wrong and will investigate what has happened. The results of the investigation will be passed to the User.
MOT offers the possibility of assistance of its customers 24hrs/day through our email or mobile phone numbers in case of emergency, questions or doubts.
Any information which is specifically mentioned by MOT 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 agreement and the obligations of both the parties therein.
MOT may send payment confirmation, itinerary information, booking confirmation, cancellation, refund status, schedule change or any such other information relevant for the transaction, via electronic mail, SMS or by voice call on the contact address and number given by the User at the time of booking; MOT may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the booking, for any reason, 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 and/ or voice call by MOT is upon the request and authorization of the User. If the User is not willing to receive such calls User must specifically write to MOT for not receiving such calls. The User will indemnify MOT against all types of losses and damages incurred by MOT due to any action taken by any other authority due to any erroneous compliant raised by the User on MOT with respect to the intimations mentioned above or due to a wrong number or email ID being provided by the User for any reason whatsoever.
Onus of the User
MOT is responsible only for the transactions that are done by the User through our website, TopUnion website or any other customer face channels. MOT 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.
Advertisers on My Own Tours or linked websites
MOT is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. MOT does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of My Own Tours and MOT is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MOT is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by MOT
Unless explicitly provided by MOT in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and MOT doesn't accept any claims arising out of such scenarios.
Insurance, if any, provided as a part of the service/ product by MOT shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Travel MOT shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
Force Majeure Circumstances
The User agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If MOT is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that MOT being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in MOT, services committed earlier may not be provided or may involve substantial modification. In such cases, MOT shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of MOT against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
MOT shall not be liable for delays or inabilities in performance or non performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of MOT arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by MY OWN TOURS for its services.
In no event shall MY OWN TOURS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the MY OWN TOURS website or any other channel . Neither shall MOT be responsible for the delay or inability to use the MOT websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the MOT website, or otherwise arising out of the use of the MOT website, whether based on contract, tort, negligence, strict liability or otherwise.
MY OWN TOURS is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
Safety of Data Downloaded
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, MY OWN TOURS will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
Feedback from Customer and Solicitation
MOT may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by MOT and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Visa and Travel Document(s) obligations of the User
The travel bookings done by MY OWN TOURS are subject to the applicable requirements of Visa which are to be obtained by the individual traveler. MY OWN TOURS is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
The User is responsible for checking all the items relevant to passport, visa and health information ensuring your travel documents are in order.
The User must consult the relevant Embassy or Consulate for this information. Visa requirements may change and the User should check for up-to-date position in good time before booking/departure. MY OWN TOURS accepts no liability if you are refused entry onto the flight or into any country due to failure on the User's part to carry the correct passport, visa or other documents required by any airline, authority or country. The User must have a passport which is valid for six (6) months after his / her intended date of return. The User must ensure he / she has correct visa and health entry requirements for all countries visited including countries he / she may just be transiting through. This includes all stops made by the aircraft even if the User does not leave the aircraft or airport.
Recommended inoculations for travel may change at any time and the User should consult his / her doctor on current recommendations before he / she departs. It is the User's responsibility to ensure that he / she obtains the recommended inoculations, take all recommended medication and follow all medical advice in relation to their trip.
Personal and Non-Commercial use limitation
Unless otherwise specified, the MY OWN TOURS services are for the User's personal and non - commercial use. The User may not:
· Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MY OWN TOURS website(s) without the express written approval from MY OWN TOURS;
· Use MY OWN TOURS Website(s) or its contents for any commercial purpose;
· Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
· Access, monitor or copy any content or information from the MY OWN TOURS website(s) using any robot, spider, scraper or other automated means or any manual process for any purpose without MY OWN TOURS express written permission;
· Violate the restrictions in any robot exclusion headers on the MY OWN TOURS website(s) or bypass or circumvent other measures employed to prevent or limit access to the MY OWN TOURS website(s);
· Take any action that imposes, or may impose, in MY OWN TOURS discretion, an unreasonable or disproportionately large load on MY OWN TOURS infrastructure;
· Deep-link to any portion of the MOT website(s) (including, without limitation, the purchase path for any travel services) for any purpose without MOT express written permission; or "Frame", "mirror" or otherwise incorporate any part of the MOT website(s) into any other website without MOT prior written authorization.
In order to process your booking, MyOwnTours need to collect certain personal details from you. These details will usually include the names, contact numbers and addresses of party members, credit/debit or other payment details and other details relating to any disability or medical condition that may affect the holiday arrangements. MOT does its best to ensuring to protect the Users information.
For booking purposes, MOT must pass some information on to the relevant suppliers of the Users travel arrangements (airlines, hotels, transport companies, etc.). The information may also be provided to security or credit checking companies or to public authorities such as customs/immigration as required by law.
MOT may make contact with the User by post, e-mail, or telephone to inform of offers in the future or to send brochures. If the User does not wish to receive such approaches it should inform MOT as soon as possible by telephone, letter or e-mail us at firstname.lastname@example.org.
The User agrees to indemnify, defend and hold harmless MOT and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MOT and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach 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 MOT cannot be held responsible for the same.
Right to Refuse
MY OWN TOURS at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by MY OWN TOURS is not complete until full money towards the service is received from the customer and accepted by MY OWN TOURS.
Without prejudice to the other remedies available to MY OWN TOURS under this agreement, the TOS or under applicable law, MOT may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
· The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
· MY OWN TOURS is unable to verify or authenticate any information provided by the user; or
· MY OWN TOURS 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 the website and/or MY OWN TOURS
MOT may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with MOT or use the website in any manner whatsoever until such time that the user is reinstated by MOT.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, MOT reserves the right to recover any amounts due and owing by the user to MOT and/or the service provider and to take strict legal action as MY OWN TOURS deems necessary.
Right to Cancellation by MY OWN TOURS in case of invalid information from User
The User expressly undertakes to provide to MY OWN TOURS 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 dis-entitle the User from availing the services from MY OWN TOURS.
In case MOT 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 him, MOT in 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, MOT 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 MOT of any such claim or liability and shall not hold MOT responsible for any loss or damage arising out of measures taken by MOT for safeguarding its own interest and that of its genuine customers. This would also include MOT denying/cancelling any bookings on account of suspected fraud transactions.
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.
If any provision of this 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 Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of MY OWN TOURS Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MY OWN TOURS website, then these terms shall prevail.
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of MOT website or its partner websites, shall be deemed to constitute a partnership between the User and MOT and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Updation of the information by MY OWN TOURS
User acknowledges that MY OWN TOURS provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the MY OWN TOURS website or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as MY OWN TOURS notices them. Changes are/may be periodically made/added to the information provided such. MOT may make improvements and/or changes in the MOT website at any time without any notice to the User. Any advice received except through an authorized representative of MOT via the MYOWNTOURS websites should not be relied upon for any decisions.
MY OWN TOURS reserves the right to change the terms, conditions, and notices under which the MY OWN TOURS websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
MY OWN TOURS hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. MY OWN TOURS considers itself and intends to be subject to the jurisdiction only of the courts of Spain.
Responsibilities of User Vis-À-Vis the Agreement
The User expressly agrees that use of the services is at their sole risk. To the extent MY OWN TOURS acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall MY OWN TOURS be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. MY OWN TOURS may change the features or functionality of the services at any time, in their sole discretion, without notice. MY OWN TOURS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from MY OWN TOURS or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the MY OWN TOURS pages or otherwise use any of the contents, pages, information or any other material provided by MY OWN TOURS . The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying MY OWN TOURS in writing.