- Terms of
Agreement
By accessing and
using the website and app, you agree to accept, without modification,
limitation or qualification, the terms and conditions contained herein (the
"Agreement"). You represent and warrant that you possess the legal
right and ability to enter into this Agreement and to use the website and app
in accordance with all terms and conditions herein.
- Modification
of Terms
Shamel tries to ensure
that the information contained on the website is as accurate as possible.
However, inaccuracies may arise from time to time. The website and/or any of
its sister companies accept no responsibility for any errors in the information
contained on the Shamel website.
The website contains
information about the products and services Shamel and/or any third party is
offering. This information and all other material on the website are provided
in good faith. By using the website you agree and acknowledge that the website
may update, change or amend the Terms and Conditions and Customer Care Policy
and/or other information provided on the website at any time without advance
notice. Changed terms and conditions will become effective once posted on the
website, and will not have any retrospective effect on existing contractual
arrangements made through the website. You should read these terms and
conditions every time you visit the website to ensure that you are aware of all
the relevant terms and conditions. Accordingly, your continued access and use
of the website after any change is deemed to be your acceptance of the modified
terms and conditions.
- Site
Availability
While
the website uses all reasonable endeavours to make the website and associated
services available, the website cannot guarantee that they will operate
continuously or without interruption.
- Disclaimer
of Warranties and Limitation of Liability
The website makes no
representations or warranties, either expressed or implied, with respect to the
website or the contents and, to the fullest extent permissible under the law,
disclaims all such representations and warranties.
Your access to and
use of software and other materials on, or through the website is solely at
your own risk. The website makes no warranty whatsoever about the reliability,
stability or virus-free nature of such software.
Subject to
applicable law, under no circumstance is Shamel and/or its Licensors and/or
Suppliers and/or its Service Providers responsible for any direct or indirect,
incidental, special, punitive, exemplary or consequential damages of any kind
(including but not limited to lost profits, lost savings or revenue, or loss or
corruption of data or information) which arises out of or is in any way
connected with your use of or inability to use the website whether based on
breach of contract, tort, negligence, product liability or otherwise, even if
advised of the possibility of such damages. This includes any information,
products or services obtained through or any contract entered into via the
website, but excludes carriage by air performed by airlines in respect of any
ticket obtained using the booking engine provided on the website, which is
subject to the conditions of carriage and applicable international conventions.
- Acceptable
Use
When using the website you declare and agree:
-To use it solely to determine the availability of
products and services offered on the website and to assist you to make
legitimate reservations or transact business with us. You agree to use the
website only for personal, non-commercial use.
-To use the website services to make only legitimate
reservations.
-You are at least 18 years of age and you possess the
legal authority to create a binding legal obligation.
-You will inform such other persons about the Terms of
Use that apply to the reservations you have made on their behalf, including all
rules and restrictions applicable thereto; Not to make any false reservation or
any reservation in anticipation of demand. The website may cancel, without
notice, all confirmations associated with multiple reservations to one or more
destination on or about the same date.
-Not to deface, alter or interfere with the front end
"look and feel" of the website or the underlying software code.
-Not to take any action that may impose an unreasonable
or disproportionately large load on the website or related infrastructure.
-To all of our terms and conditions of purchase,
including, but not limited to, full and timely payment of all amounts due and
compliance with all rules concerning availability of prices, products, or
services. All fees, assessments, charges, taxes and duties arising out of use
of the website are your sole responsibility.
-Not to do anything which will or might damage,
interfere with, disrupt access to, interrupt or impair the functionality of the
material available on the website, nor to upload any material that contains any
computer viruses or other codes, files or programs designed to interrupt,
destroy or limit the functionality of any software or equipment.
-Not to post, distribute or otherwise upload any
defamatory, libellous, offensive, infringing, obscene, indecent, harmful,
threatening, abusive, tortuous, racially or ethnically objectionable or
otherwise unlawful material or information or send any chain letters, junk
mail, 'spamming' material or any other form of bulk communication.
-Not to threaten, harass, stalk, abuse, disrupt or
otherwise violate the rights of others, including individual privacy rights.
-Not to obtain or attempt to obtain unauthorised access
to the website or any private or member account areas on the website, nor to
impersonate any person or misrepresent your affiliation with another person.
-Not do, cause or permit anything to be done that may
infringe damage or interfere with any intellectual property rights of nor any
of our associated companies or third parties.
-Also, not to do anything that is otherwise unlawful or
which may create any liability on the part of the website.
-Violate this Agreement or any applicable legislation
in any other manner.
-Upload or attach files that contain software or other
material protected by intellectual property laws (or by rights of privacy and
publicity) unless the User owns or controls the rights thereto or has received
all consents thereof as may be required by law.
-Upload or attach files that contain viruses, corrupted
files or any other similar software or programs that may damage the operation
of another computer.
-Delete any author attributions, legal notices or
proprietary designations or labels in any file that is uploaded.
-Falsify the origin or source of software or other
material contained in a file that is uploaded.
-Advertise or offer to sell any goods or services, or
conduct or forward surveys, contests or chain letters, or download any file
posted by another user of a forum that the User knows, or reasonably should
know, cannot be legally distributed in such manner.
-Use this website or its contents for any commercial
purpose; Access, monitor or copy any content or information of this website
using any robot, spider, scraper or other automated means or any manual process
for any purpose without our express written permission; Violate the
restrictions in any robot exclusion headers on this website or bypass or
circumvent other measures employed to prevent or limit access to this website; Take
any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
-Deep-link to any portion of this website (including,
without limitation, the purchase path for any travel services) for any purpose
without our express written permission; or ‘Frame’, ‘mirror’ or otherwise
incorporate any part of this website into any other website without our prior
written authorisation.
-Not to host, display, upload, modify, publish,
transmit, update or share the following:
*Information belonging to another person for which the
user does not have any right.
*Information that is hateful, grossly harmful including
harmful to minors, paedophilia, invasive of others’ privacy, racially,
ethnically objectionable, disparaging, encouraging money laundering or
gambling.
*Information that infringes any Patent, Trademark,
Copyright or other Proprietary rights.
oInformation that deceives or misleads the addressee
about the origin of such messages or communicates any information which is grossly
offensive or menacing in nature.
*Information that threatens the unity, integrity,
defence, security or sovereignty of the countries we operate in, friendly
relations with foreign states or public order or causes incitement to the
commission of any cognisable offence or prevents investigation of any offence
or insults any other nation.
*Information that impersonates another person.
*If the website considers that you have breached any of
these terms and conditions or have otherwise demonstrated inappropriate conduct
when using the website, Shamel reserves the right to:
-Warn you that you have breached these terms and
conditions, and ask you to stop such conduct; Delete any material or content
which you may have posted without notice to you; Take measures (including
terminating, suspending or restricting your access) to, and preventing you from
using the website; Cancel any bookings and/or reservations that you may have
with Shamel without reference to you; Report your activities to an internet
service provider or relevant authorities; Take legal action against you.
- Copyright
and Trademarks
All content of the Shamel website is subject to copyright. The
website is for your personal and non-commercial use. You 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 website.
The website, sister companies’ names, and any other product
or trade names of Shamel referenced to the website are our trademarks and/or
registered trademarks. Other product and company names mentioned herein may be
the trademarks of their respective owners.
- General Policy
General Policy
Shamelonline.com reserves the right, in its sole discretion, to terminate the access to any or all Shamelonline.com websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
The Travel Partner expressly undertakes to provide to Shamelonline.com 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 Travel Partner would vitiate the bookings and shall disentitle the Travel Partner from availing the services from Shamelonline.co.
Our System is a FIT (Free Individual Traveler) Reservation system which allows maximum of 8 Rooms or 48 Passengers to be booked at one time. However any activity which has more than 3 rooms or 9 Passengers booked for the "same date of travel & same hotel of stay" combination is handled as per "group terms & conditions". In such cases we have rights to cancel any confirmed or vouchered reservation(s) without any prior intimation. You are requested to contact our nearest support office in case of group or reservation with more than 3 room requirement.
In case, Shamelonline.com discovers or has reasons to believe at any time during or after receiving a request for services from the Travel Partner that the request for services is either unauthorized or the information provided by the Travel Partner is not correct or that any fact has been misrepresented by him, Shamelonline.com in its sole discretion shall have the unrestricted right to take any steps against the Travel Partner(s), including cancellation of the bookings, etc. without any prior intimation to the Travel Partner. In such an event, Shamelonline.com shall not be responsible or liable for any loss or damage that may be caused to the Travel Partner or any of them as a consequence of such cancellation of booking or services.
The Travel Partner unequivocally indemnifies Shamelonline.com of any such claim or liability and shall not hold Shamelonline.com responsible for any loss or damage arising out of measures taken by Shamelonline.com for safeguarding its own interest and that of its genuine customers. This would also include Shamelonline.com denying/cancelling any bookings on account of suspected fraud transactions
If the Travel Partner does not agree with any part of such terms, conditions and notices, the Travel Partner must not avail Shamelonline.com’s Services.
Our Support team will put in every possible effort to avoid a relocation however in scenarios where situation is out of control and Shamelonline.com is not able to honour the booking confirmed through online allotment received from the operator or service provider, Shamelonline.com will offer an alternative or similar category accommodation for the client instead. In the event the alternative option offered to the agent is not acceptable Shamelonline.com shall offer the full refund of the amount the service was booked for. Shamelonline.com will not be responsible for any additional loss direct/indirect for the same service or any other service availed by the guest/agents from Shamelonline.com or any other source. Shamelonline.com solely acts as an intermediary between the service provider and the agent.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Ahmedabad, India.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection(The cardholder must retain a copy of transaction records and Merchant policies and rules).
All prices displayed are final payable amount to us however in event where government authorities, local governing bodies or service provider applies any additional tax, fees, service charges, resort fee or any other indirect charge without prior notification; these additional charge(s) will be levied by us on to the reservation and it will not be part of the reservation amount booked or paid. We will not be liable to pay this additional charges/taxes/resort fees/Vat as we have limited control on such additional charges.
.
- Use of
Credit Card
We accept all major credit cards and debit cards. You can
make bookings on the website for passengers other than yourself.
We accept credit cards issued across
various geographies. However, we may keep certain credit cards issued by
certain countries blocked on our website / mobile apps during the booking
process.
We accept debit cards that have been unlocked by the
respective issuing banks to be used on e-commerce websites. In case your debit
card does not work on the site / app kindly contact your issuing bank to get it
activated. Banks may replace your old debit card with a new one that allows you
to transact on e-commerce websites.
Your credit card / debit card will be debited when you click
on the confirm button. The tickets shall be delivered to you to your registered
email address once the payment has been confirmed by our payment gateway.
Disclaimer: Shamel accepts no liability or responsibility and
will not be liable or responsible for any loss, damage, misuse or unauthorised
access occurring in connection with the provision of credit / debit card data. Shamel
will not be responsible or liable for any action or decision made by you in
reliance on the information with regard to credit / debit card usage on this
website even if Shamel has been advised of the possibility of these damages.
We will make every effort to maintain confidentiality when
securing an online or mobile payment. This covers the security of your credit
card details and other personal information. We do not store your credit/debit
card data. All credit/debit card and payment information is secure, encrypted
and handled by fully-certified payment providers.
- Fraud
Management
If your booking or account shows signs of fraud, abuse, or
suspicious activity, the website may cancel any travel or service reservations
associated with your name, email address, or account, and close any associated Shamel
accounts. If you have conducted any fraudulent activity, the website reserves
the right to take any necessary Criminal and/or Civil legal action and you may
be liable for monetary losses to the website, including litigation costs and
damages. To contest the cancellation of a booking or freezing or closure of an
account, please contact Shamel Customer Care.
The website reserves the right to undertake all necessary
steps to ensure that the security, safety and integrity of Shamel’s systems, as
well as its clients’ interests, are and remain, well-protected. Towards this
end, Shamel may take various steps to verify and confirm the authenticity,
enforceability and validity of bookings placed by you.
If Shamel , in its sole and exclusive discretion, concludes
that the said transactions are not or do not reasonably appear to be authentic,
enforceable or valid, then Shamel may cancel the said bookings at any time before
the scheduled time of departure of the relevant flight or before the expected
date of visit to any property booked through Shamel.
- Conditions
of Carriage
The carriage of passengers and their baggage by air will be
subject to the Conditions of Carriage of the carrier concerned.
The carriage of passengers and their baggage may also be
subject to the applicable Warsaw Convention 1929 or the Montreal Convention 1999,
and other applicable legislation which may limit or stipulate the carrier's
liability in certain circumstances.
-
Indemnity
& Limitation of Liability
As a condition of use of the Shamel website, you agree to
indemnify us from and against any and all liabilities, expenses (including
attorney's fees) and damages arising out of claims resulting from your use of
the website, including without limitation any claims alleging facts that, if
true, would constitute a breach by you of these terms and conditions.
In no event will the website be liable to you for any
special, indirect, incidental, consequential, punitive, reliance, or exemplary
damages (including without limitation lost business opportunities, lost
revenues, or loss of anticipated profits or any other pecuniary or
non-pecuniary loss or damage of any nature whatsoever) arising out of or
relating to (i) this agreement, (ii) the services, the site or any reference
site, or (iii) your use or inability to use the services, the site (including
any and all materials) or any reference sites. In no event will the website or
any of its contractors, directors, employees, agents, third-party partners,
licensors or suppliers’ total liability to you for all damages, liabilities,
losses, and causes of action arising out of or relating to (i) this Agreement,
(ii) the Services, (iii) your use or inability to use the Services or the site
(including any and all materials) or any reference sites, or (iv) any other
interactions with the website, however caused and whether arising in contract,
tort including negligence, warranty or otherwise, exceed the amount paid by
you, if any, for using the portion of the Services or the Site giving rise to
the cause of action or 17 Dinar (KD 17), whichever is less.
-
Waiver
The failure of the website to exercise or enforce any right
or provision of this Agreement will not constitute a waiver of such right or
provision. Any waiver of any provision of this Agreement will be effective only
if in writing and signed by Shamel.
-
Links to Third-Party
Websites
The website may contain links and pointers to internet sites
maintained by third parties. The website does not operate or control in any
respect any information, products or services on such third-party sites.
Third-party links and pointers are included solely for your convenience, and do
not constitute any endorsement by us.
You assume sole responsibility for use of third-party links
and pointers.
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Grievances
If you are dissatisfied with any aspect of the website or if
you have any grievances about any of the services provided by the website
please contact us.
How to reach Shamel:
Email us directly at support@Shamelonline.com
Go to our "contact us" page
on the website and state your grievance in the subject of the “contact us”
form.
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Choice of
Law and Jurisdiction
Your
use of the website and the terms and conditions is subject to the laws of the the
State of Kuwaitand you agree to submit
to the exclusive jurisdiction of the courts of Kuwait. Nevertheless, the
website reserves the right to bring proceedings to the courts of the country of
your location.
-
Notice
Shamel may provide you with notices
and communications by email, regular mail or postings on the site or by any
other reasonable means. Except as otherwise set forth herein, notice to the
website must be sent by courier or registered mail to the website’s registered
office at Fahad Al-Salem Street, Kuwait Building, Kuwait City
-
Supplier Terms Of Use
supplier booking terms of use.