Sunita Travel Agency LLC. TERMS and Conditions OF USE
Welcome to the website of Sunita Travel Agency LLC (the “Company”, “we”, “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to, and use of, www.sunitatravelagency.com including any content, functionality and services offered on or through www.sunitatravelagency.com (the “Website”), whether as a guest or a registered user (collectively, the “Services”).
The Services are provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.
The terms “we”, “us”, “our” and “Sunita Travel Agency” refer to Sunita Travel Agency LLC, a New York limited liability company. The term “you” refers to the customer visiting or using the Services and/or booking a reservation through our website or customer support agents.
II. Use of the Website
The Website is our proprietary information and trade secret. You agree to use the Website or Services for your individual needs, in the normal course of business. As a condition for your use of the Website, you represent and warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will use the Services in accordance with these Terms;
- You will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- You will inform such other persons about these Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- All information supplied by you on the Services is true, accurate, current and complete; and
- If you have an online account/profile, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
You agree not to use the Website for any purpose not expressly authorized under these Terms, as further specified in “Prohibited Activities” below section VI
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
IV. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website; and
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
V. Software License
The software and content used for the Website is owned by the Company and/or our licensors’ proprietary information and trade secret, whether or not any portion of the Website is or may be copyrighted or patented. You may copy these Terms and related documentation, provided that all copies and partial copies shall include our copyright notices or those of our third party suppliers, as applicable.
VI. Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
The content and information on the Services (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through the Services, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Services.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use the Services or their contents for any commercial purpose.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- Access, monitor or copy any content or information of the Services using any automated means or any manual process for any purpose without our express written permission;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Develop or publish any reservation, ticketing, sales, cargo or tariff guide, or any cache; or
- “Frame”, “mirror” or otherwise incorporate any part of the Services into any other website, mobile application, product or service without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any bookings associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable our monetary losses, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact our customer support.
VII. Supplier Rules and Restrictions
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select.
Please read these additional terms and conditions carefully, for most travel bookings or services are non refundable, and have no show no value restrictions. Cancelled bookings will incur charges and fare difference, if any for new dates. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products or services.
Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. You may also be charged fee for baggage. We reserve the right to cancel your booking if full payment or verification of payment is not received in a timely fashion.
Some suppliers including hotels for cruise ship may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your hotel booking.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Please note that if you misspell your name on the reservation, you may be responsible for additional fees from third-party suppliers to get correct or could even be dined check in or boarding.
Travel cancellation insurance is not included in the price of airfare or any other services offered through the Website and should be purchased separately.
VIII. Prepaid Hotel Reservations
You acknowledge that Sunita Travel Agency facilitates the booking of reservations of certain room rates with hotel suppliers on your behalf. You also acknowledge that Sunita Travel Agency provides you with services to facilitate such booking of reservations for a consideration fee(the “Facilitation Fee”). The room rate displayed on the Website is a combination of the room rate for rooms reserved on your behalf by Sunita Travel Agency and the Facilitation Fee/commission is retained by Sunita Travel Agency for their services. You authorize Sunita Travel Agency to book reservations for the total reservation price, which includes the room rate displayed on the Services, plus tax recovery charges, service fees, and where applicable, taxes on Sunita Travel Agency’s services.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Sunita Travel Agency does not collect taxes for remittance to applicable taxing authorities.
The payment for the hotel reservations made on the Website is collected by the hotel directly upon your arrival, subject to applicable cancellation policies.
You may cancel or change your hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by these Terms imposed with respect to your hotel reservations.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (Facilitation Fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
IX. International Travel
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We have no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
- Passport and Visa – You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft or cruise ship, even if you do not leave the aircraft or airport.
- Health – Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
- Disinsection – Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: https://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
X. Liability Disclaimer
The information, software, products and services published on the Website may include inaccuracies or errors, including pricing errors. In particular, Sunita Travel Agency does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on the Services (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on our Services and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on the Services are intended as only general guidelines, and Sunita Travel Agency does not guarantee the accuracy of the ratings. Sunita Travel Agency makes no guarantees about the availability of specific products and services. Sunita Travel Agency may make improvements and/or changes on the Services at any time.
Sunita Travel Agency makes no representations about the suitability of the information, software, products and services contained on the Services for any purpose, and the inclusion or offering of any products or services on the Services does not constitute any endorsement or recommendation of such products or services by Sunita Travel Agency. All such information, software, products, and services are provided “as is” without warranty of any kind. Sunita Travel Agency disclaims all warranties and conditions that the Services, its servers or any email sent from Sunita Travel Agency, are free of viruses or other harmful components. Sunita Travel Agency hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, cruise liners, car rental companies, hotels and other suppliers providing travel or other services on the Services are independent contractors and not agents or employees of Sunita Travel Agency. Sunita Travel Agency is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Sunita Travel Agency has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Sunita Travel Agency be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon opinions appearing on the Services; any computer viruses, information, software, linked sites, products and services obtaining through the Services; or otherwise arising out of the access to, display of or use of the Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Sunita Travel Agency has been advised of the possibility of such damages.
If, despite the limitation above, Sunita Travel Agency is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Sunita Travel Agency will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Sunita Travel Agency in connection with such transaction(s) on the Services, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The limitations of liability provided in these Terms inure to the benefit of the Sunita Travel Agency.