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This web site and the related web sites contained herein (collectively, the "Site") make available information on
hotels, resorts, and other transient stay facilities (each a "Property") owned, managed or franchised by Bouganvilla
. This Site, and the services of each of its modules, are offered exclusively by Bouganvilla and/or its various third party
providers and distributors. The offer of such goods and/or services is conditioned on the user's ("User('s)" or
"You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively
the "Terms").
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS,
YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT")
WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
Use of Site.
The services of this Site are available only to individuals who can form legally binding contracts under applicable law,
and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this
Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also
warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another
person for whom You are authorized to act.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes,
including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation
of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless
prior written consent from Bouganvilla has been granted. You agree that You will not use this Site for chain letters, junk
mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but
not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition,
You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express
written permission of Bouganvilla. You agree not to pretend to be any other person or a representative of any entity, whether
actual or fictitious, including an employee or agent of Bouganvilla or any third party that provides services related to this
Site.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site
or any contents or information contained therein, unless You obtain Bouganvilla's prior express written consent. You agree
that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that
You will not provide to Bouganvilla and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming
routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information;
and (ii) any content that may create liability for Bouganvilla or cause Bouganvilla to lose (in whole or in part) the services
of our suppliers.
Copyright
This Site, including each of its modules, is the copyrighted property of Bouganvilla and/or its various third party providers
and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted,
modified, transmitted or distributed without the written permission of Bouganvilla, except that You may download, display
and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only.
Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other
intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary
notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers
is strictly prohibited.
User Feedback
By submitting any ideas, comments, suggestions or other information: to a Chat Room; or to Bouganvilla related to improvements
to the Site and/or services related to the Site; (collectively, the "Feedback"), You agree that such Feedback shall
be deemed, and shall remain, Bouganvilla's property. None of the Feedback shall be subject to any obligation of confidentiality
on Bouganvilla's part and Bouganvilla shall not be liable for any use or disclosure of any Feedback. Bouganvilla shall own
all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall
be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation
to You.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively
waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Bouganvilla
stated above.
Monitoring
You agree that Bouganvilla may monitor and review information You transmit over the Site. You agree that Bouganvilla may
censor, edit, remove or prohibit the transmission or receipt of any information that Bouganvilla deems inappropriate or in
violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights or properties
of Bouganvilla. You agree that Bouganvilla may also monitor and review stored information without restriction. You hereby
acknowledge and consent to such monitoring.
Other Linked Sites
Please be aware that Bouganvilla provides any links to other web sites solely as a convenience to You, and not as an endorsement
of providers of products or services or the contents of such other web sites. Neither Bouganvilla, nor any other providers
of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation
or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web
sites, You do so at Your own risk.
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical
inaccuracies or typographical errors or omissions. Bouganvilla is not responsible for typographical, pricing, product information,
advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Bouganvilla
reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described
in such information, at any time without notice.
Mis-Communications / Lost Transactions
Bouganvilla and any other providers of products or services related to this Site are not responsible for communication
malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security
of any such communications. Further, Bouganvilla and any other providers of products or services related to this Site are
not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming
associated with the Site, or by any technical or human error that may occur in the processing of any information related to
the Site. Bouganvilla and any other providers of products or services related to this Site may cancel or modify reservations
where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears
that the reservations contain or resulted from a mistake or error.
You agree that neither Bouganvilla nor any other providers of products or services related to this Site are responsible
for any damages that may arise as a result of any travel or hotel arrangements or other orders You request or make on this
Site which are not processed or accepted for any reason.
Personal Information, Credit Card Information
YOU AGREE THAT NEITHER BOUGANVILLA NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE
OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER
PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS
SITE.
BOUGANVILLA MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED
ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER BOUGANVILLA, NOR ANY OTHER PROVIDERS OF PRODUCTS
OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION
CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER BOUGANVILLA,
NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM
DISCLOSURE OF SUCH INFORMATION.
Use of Third Party Suppliers
In order to offer the services related to this Site, and fulfill reservations or orders users place on this Site, Bouganvilla
may use third party suppliers. You acknowledge and agree that, the carriers, hotels and other suppliers providing travel
or other services for Bouganvilla may be independent contractors, and not agents or employees of Bouganvilla. Your credit
card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective
fulfillment vendors, rather than to Bouganvilla or the Property at which you may have booked a reservation.
You agree to the terms and conditions of purchase imposed by Bouganvilla, each Property, and other suppliers of other
travel services (air, land, or sea), which may include, but are not limited to, restrictions against back to back ticketing,
hidden city ticketing and round trip for one-way ticketing. You also agree to pay all amounts, duties, taxes, and related
charges arising out of Your use of this Site and of the services provided herein when due, including additional taxes and
fees that may not be included in the quoted fare. You agree to comply with all rules regarding the availability of fares,
products or services, including penalty fees arising from the failure of the User to comply with said rules. You understand
that any violation of any supplier's conditions of purchase may result: in cancellation of Your reservation(s) or purchase(s);
in Your being denied access to any flight(s), hotel(s), automobile(s), activities, or service; in Your forfeiting any monies
paid for such reservation(s) or purchase(s); and in Bouganvilla debiting Your account for any costs Bouganvilla incurs as
a result of such violation. You also agree to allow Bouganvilla and each Property, and other suppliers of other travel services
to charge the credit card on file for the payment of penalties arising from the Your failure to comply with such rules. Such
payment will be collected without additional notice. You agree that You are completely responsible for all charges, fees,
duties, taxes, and assessments arising out of Your use of this Site.
YOU AGREE THAT BOUGANVILLA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE
OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
FROM THE USE OF SUCH SUPPLIERS. BOUGANVILLA HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING
OR OTHER CAUSES BEYOND BOUGANVILLA'S DIRECT CONTROL, AND BOUGANVILLA HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING
THEREFROM.
Hotel and Resort General Terms.
In addition to the other terms and conditions specified on this Site regarding our Properties, the following general terms
and conditions apply to hotels and resort reservations booked on this Site:
Cancellation policies and other information about specific room reservations and properties may vary by property and by
the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed
in the "Rate Details" section on the room reservation section of the Site.
If you plan to travel with your pet, we recommend that You confirm directly with the Property that they do, indeed, accept
pets. Bouganvilla accepts NO RESPONSIBILITY for an individual Property's pet policy.
Currency conversions are based on approximate exchange rates at the time of booking and should be used for an approximate
guide only.
Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most hotels will strive
to honor Your requests, neither Bouganvilla nor the Property guarantee that Your request will be honored.
Some rates have special requirements such as AAA membership or Senior Citizen proof of age at check-in. Verify that You
qualify for the rate that You have booked. Properties are not obligated to honor this rate if You do not qualify.
Miscellaneous Terms.
Denial of Access
In its sole discretion, in addition to any other rights or remedies available to Bouganvilla, and without any liability
whatsoever to User, Bouganvilla, at any time and without notice, may terminate or restrict User's access to this Site and
any related services.
Headings
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
Assignment
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions
of this Site, and You agree to abide by such other terms and conditions.
Severability
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
Attorney's Fees
If Bouganvilla takes any action to enforce this Agreement, Bouganvilla will be entitled to recover from You, and You agree
to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or
in equity, to which Bouganvilla may be entitled.
Modification
Bouganvilla may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms
and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued
access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. BOUGANVILLA HEREBY DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR
A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from
state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY BOUGANVILLA WILL CREATE A WARRANTY OF ANY KIND, AND
YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BOUGANVILLA, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS
OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT
NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY
FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS
OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY BOUGANVILLA OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES
RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF
LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions
may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BOUGANVILLA, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING
OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT BOUGANVILLA IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED
TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST
OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
Indemnification
You agree to indemnify and hold Bouganvilla and its subsidiaries, affiliates, officers, directors, agents and employees
harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of
Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of
a third party. Bouganvilla's failure to act with respect to a breach by You or others does not waive its right to act with
respect to subsequent or similar breaches.
Governing Law
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with,
the laws of the State of karnataka applicable to contracts entered into and to be performed entirely within the State of Karnataka.Any
dispute will be subject to the exclusive Jurisdiction of the Court in the. Use of this Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation this paragraph.
Entire Agreement
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the Bouganvilla
Hotels Privacy Policy) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified
except in writing or by making such amendments or modifications available on this Site.
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