This Contract for the Provision of Services (the “Contract”) stipulates the legally-binding terms between you (the “User”) and Omex ecommerce Pvt. Ltd. OPC
The Portal is designed for the publication, consultation and reservation of all kinds of leisure activities.
If the provisions of this Contract contradict the Legal Notice, the provisions contained in this Contract shall prevail. If you wish to have a printed copy of this Contract, you may print out a copy or download the file on your computer.
OMEX ECOMMERCE PVT. LTD. OPC reserves the right to add to, modify and/or remove any of the terms of this Contract, at any moment, by means of a notice in the Portal or by e-mail, with said conditions entering into force as from the moment of their publication in the Portal. The continuity of the use of the services by the User following a notice of modification shall imply the acceptance of said changes.
The User states that he/she is of legal age and guarantees that he/she is authorized to conclude this Contract in his/her own name. The User states that the registration data are current, complete and correct.
The purpose of this Contract is to regulate the terms and conditions applicable to the service of activities accessible via the Portal (the “Activities Service” or the “Service”).
The Activities Service requires the prior registration of Users and allows them the publication and disclosure of leisure activities (the “Activities”) in the Portal in order for other Users to be able to benefit from them, prior to booking via the Portal.
Hereinafter, the Users that publish and disclose Activities in the Portal shall be named “Locals”. The Users that book and benefit from the Activities shall be named “Travellers”.
When booking an Activity via the Portal, all agreements subscribed between the Local and the Traveller shall be valid between both parties and OMEX ECOMMERCE PVT. LTD. OPC shall not be party thereto. OMEX ECOMMERCE PVT. LTD. OPC solely: (i) facilitates access to the Portal as a tool enabling Locals to publish their Activities and Travellers to make bookings, and; (ii) acts as a collections agent authorized to accept, in the name and on behalf of the Local, those payments that may be made by Travellers, having to transfer these to the Local.
This Contract shall be valid as from the moment of its acceptance by the User and shall remain in force until either of the parties notifies the other of its intention not to renew it.
- PROCESS OF PUBLISHING AND BOOKING ACTIVITIES
Locals may publish as many Activities in the Portal as they wish, being such publication free.
For the publication of the Activities, Locals must complete the information requested in the Activity publication form (the “Form”), which includes, including but not limited to the title, place and description of the Activity, the public for which it is intended, the availability of the Local, itineraries, images and videos of the Activity, as well as the price, and, where appropriate, any additional expenses and discounts. OMEX ECOMMERCE PVT. LTD. OPC shall duly review the Form presented by the Local but shall not assume any kind of responsibility or liability derived from said review and from the Activities that it finally decides to publish.
OMEX ECOMMERCE PVT. LTD. OPC shall not publish any Activities that do not comply with the rules established in Clause 5, whenever OMEX ECOMMERCE PVT. LTD. OPC is aware that these infringe the intellectual property rights or any other rights of third parties, or if OMEX ECOMMERCE PVT. LTD. OPC considers so, at its sole discretion, provided that this does not involve an act of discrimination against the Local.
Travellers may book any of the Activities in which they are interested. Said bookings are subject to the approval of the Local, who must accept them or decline them within a term of 48 hours as from the moment when the Traveller has made the booking. Failing to respond to booking requests for Activities within the term provided, as well as repeatedly declining Activities, may lead to disciplinary measures against the Local, at the discretion of OMEX ECOMMERCE PVT. LTD. OPC. If the Local decline the booking, the Traveller will be reimbursed the full price paid.
Locals may modify the details of the Activity or cancel its publication in the Portal at any moment by sending an e-mail to [email protected] Modifications of Activities shall be effective for bookings made after the date of their modification. Cancellation of the publication of the Activity shall not affect those Travellers who have booked said Activity at a previous moment.
Notwithstanding the paragraph above, the modifications made to the price of the Activity shall have effect in relation to those Travellers who booked the Activity only when said modifications were reported to OMEX ECOMMERCE PVT. LTD. OPC in the manner abovementioned and 30 calendar days prior to the date in which the Activity was scheduled.
- OPINION ON THE ACTIVITIES
Travellers may give their opinion on the Activities that they have attended.
Opinions given on certain Activities or on the Local that has published them must be true, clear and useful for OMEX ECOMMERCE PVT. LTD. OPC and for the other Users. No Users may be obliged or coerced to give opinions in a specific sense. If this occurs, the Traveller must report this to the OMEX ECOMMERCE PVT. LTD. OPC team by sending an e-mail to omex.in and providing all evidence that it considers to be appropriate.
OMEX ECOMMERCE PVT. LTD. OPC shall not eliminate or edit the opinions of Travellers, except in the following cases: (i) a User or any third party notifies OMEX ECOMMERCE PVT. LTD. OPC that these violate the prohibitions established in Clause 5, or; (ii) a judicial or administrative ruling is passed down ordering the withdrawal of certain opinions. In addition, OMEX ECOMMERCE PVT. LTD. OPC reserves said right if the Contract is terminated for any reason.
Opinions shall be published in the Portal together with the name and photograph, where appropriate, of the Traveller that has given them.
The Activities published by Locals, as well as the opinions of Travellers, may not, without limitation: (i) involve the transmission of spam, advertisements or other commercial contents; (ii) address contents that may encourage or support any illegal activity; (iii) directly identify other Users without having obtained their prior informed consent; (iv) contain political, religious or social comments not related to the Activity; (v) impersonate the identity of Users; (vi) contain rude, vulgar, obscene, defamatory, calumnious, threatening, discriminatory, or sexually explicit contents, or any that may encourage hate or physical or verbal violence, or; (vii) contain references to any bookings other than that of the Activity in particular.
Any Users who are aware that the Activities or opinions contain any of the prohibitions mentioned or are, in any other manner, illegal, must communicate this to OMEX ECOMMERCE PVT. LTD. OPC by sending an e-mail to [email protected] OMEX ECOMMERCE PVT. LTD. OPC shall investigate the facts communicated and shall take any relevant measures, including the elimination of the Activity or the opinion and, where appropriate, the termination of the Contract in relation to the User who has published the Activity or opinion prohibited.
The infringing User shall be responsible or liable to OMEX ECOMMERCE PVT. LTD. OPC for any penalties, sanctions and/or fines that may be imposed by courts or other competent authorities against OMEX ECOMMERCE PVT. LTD. OPC as a consequence of the non-fulfilment of this Clause by Users.
- PRICE AND MEANS OF PAYMENT
When booking an Activity through the Portal, the Traveller must pay the price and, where appropriate, any additional expenses that the Local of the Activity may have established. Said amounts shall include local TAX or the relevant tax and any other applicable taxes. Payment must be made through the options provided in the Portal, in any of the currencies published therein. The Traveller accepts that payment in Indian National Rupee.
The price and, where appropriate, any additional expenses and discounts applicable to the Activity must be published on the Form. Any additional expenses and discounts applicable shall appear duly broken down. In no case shall OMEX ECOMMERCE PVT. LTD. OPC charge Travellers any additional amounts that have not been published by the Locals prior to booking the Activity.
In case of Online payment through portal, when booking an Activity, the payment made by the Traveller will be withheld until 24 hours after the performance of the Activity. Between 24 hours and 30 days after the performance of the Activity, OMEX ECOMMERCE PVT. LTD. OPC shall transfer the totality of the amounts paid by the Travellers to the Local, by means of the applicable method of payment, after having previously deducted the amount of 25% (+ TAX) as compensation for the use of the Service. The Local accepts that the amount transferred may take longer due to causes beyond the control of OMEX ECOMMERCE PVT. LTD. OPC.
Any corresponding taxes shall be applicable to the foregoing operations, with payment thereof to be assumed by whoever is considered to be the taxpayer of the same by the current legislations.
Without prejudice of those guarantees that the Local may offer the Traveller, OMEX ECOMMERCE PVT. LTD. OPC reserves the right, at its sole discretion, to reimburse the price that the Traveller has paid whenever the latter is not satisfied with the Activity performed. In such case, it shall not transfer any amounts to the Local.
- OBLIGATIONS OF USERS
Users undertake to use the Service with the utmost diligence and in conformity with current legality. In particular, Users shall observe the following rules:
- Access the Service exclusively through the Portal and publish and/or book Activities through it, as well as using the mechanisms of communication available in the Portal to contact other Users or OMEX ECOMMERCE PVT. LTD. OPC.
- Respect other Users and, in particular, not stalk, harass, coerce, or, in any other manner, bother any Users.
- Attend any Activities planned.
- Not impersonate the identity of any other User or of any persons in the use of the Service.
- Not collect, process or store any personal data of other Users or third parties without complying with currently-valid data protection legislation.
In addition, the Locals undertake to the following:
- Comply with administrative, tax, labour and, where applicable, Social Security obligations that may be applicable for the performance of the Activities.
- Contract an appropriate insurance policy for the performance of the Activity, as well as to be in possession of all permits, licenses and authorizations that may prove to be necessary.
- Not perform any Activities that may destroy or jeopardize the place where the Activity is performed, or any inhabitants or visitors, that may prove to be detrimental to the environment or that may be illegal in any other manner.
- Not oblige or coerce Travellers to give positive opinions on Activities offered or on themselves and not make any specific favourable treatment (including, but not limited to, the obtainment of discounts or free Activities) conditional upon Travellers giving positive opinions.
Non-observance of these obligations by Users may, at the discretion of OMEX ECOMMERCE PVT. LTD. OPC, lead to the suspension of the Service or the termination of the Contract, according to Clause 14.
- POLICY ON WEATHER CONDITIONS
If the Activity depends on certain weather conditions being met, and should these impede the Activity from being performed on the day initially planned, the Local must provide an alternative date for the Activity to be held. If it is not possible to set an alternative date or should this is not acceptable for the Traveller, the latter shall be entitled to the refunding of the total amount paid for the Activity.
- RIGHT TO WITHDRAWAL
The Traveller may withdraw from the Contract without the need for justification within 14 days from the booking date. In order to comply with the mentioned term of withdrawal, it shall be sufficient that the communication relating to the exercise of the withdrawal by the Traveller is sent to OMEX ECOMMERCE PVT. LTD. OPC prior to the expiry of the term indicated.
Notwithstanding the aforementioned, the Traveller will not be entitled to withdraw from the Contract when:
- The Activity has been completely executed within 14 calendar days from the booking date.
- The Activity consists in leisure and/or entertainment services (shows, restaurants, concerts, among others), accommodation services other than for residential purposes and car rental services if the contract provides for a specific date or period of performance.
In the situations described above under letters (a) and (b), the Traveller may cancel the Activity in the terms established in Clause 10.
In order to exercise the right to withdrawal, the Traveller must notify its decision to withdraw from the Contract to OMEX ECOMMERCE PVT. LTD. OPC through an unequivocal statement by e-mail sent to [email protected] (Ref.: Desistimiento). Alternatively, the Traveller may complete the withdrawal form published in the Portal and send it by e-mail to [email protected] (Ref.: Desistimiento). In this case, OMEX ECOMMERCE PVT. LTD. OPC shall communicate the reception of said withdrawal to the former without delay and in a durable medium (such as e-mail, for example).
In the cases established by law, OMEX ECOMMERCE PVT. LTD. OPC shall return the price paid by the Traveller without any undue delay and, in any case, within 14 calendar days after the date on which the Traveller has informed of its decision to withdraw from this Contract at the latest. OMEX ECOMMERCE PVT. LTD. OPC shall make this reimbursement through the same means of payment used by the Traveller for the initial transaction, unless the latter has expressly stated otherwise.
In any case, the Traveller shall not incur any expenses as a consequence of the reimbursement by OMEX ECOMMERCE PVT. LTD. OPC.
- CANCELLATION OF ACTIVITIES BY LOCALS
The Local is authorized to cancel an accepted Activity if causes of force-majeure arise or whenever the minimum participation requisites described for the performance of the Activity are not reached. In such cases, OMEX ECOMMERCE PVT. LTD. OPC shall reimburse to the Traveller the full price paid by the latter. The cancellation of Activities by Locals in any cases other than those indicated shall enable OMEX ECOMMERCE PVT. LTD. OPC to automatically terminate the subscription of the Local in the Service.
The reimbursement of the price to the Traveller shall be made between 24 and 48 hours after cancellation of the Activity.
Any Locals who may be obliged to cancel Activities in relation to which bookings have been made must send an e-mail to [email protected] The Local shall receive confirmation from OMEX ECOMMERCE PVT. LTD. OPC communicating that the cancellation has been attended. If the Local does not receive said confirmation, it must contact OMEX ECOMMERCE PVT. LTD. OPC as soon as possible through any of the mechanisms of communication available at the Portal.
At any time, the Traveller is entitled to cancel the Activity booked in accordance with the following policy:
|From 0 to 4 days to the performance of the Activity||0%|
|More than 4 days to the performance of the Activity||100%|
For these purposes, the Traveller must send an e-mail to [email protected] within the terms foreseen in the table above. The Traveller shall receive confirmation from OMEX ECOMMERCE PVT. LTD. OPC communicating that the cancellation has been attended. If the Traveller does not receive said confirmation, it must contact OMEX ECOMMERCE PVT. LTD. OPC as soon as possible through any of the mechanisms of communication available at the Portal.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Users recognize the intellectual and industrial property rights of OMEX ECOMMERCE PVT. LTD. OPC over the descriptions, images, videos, sound reproductions, and any other materials that may conform the Activities published in the Portal, as well as over the opinions about said Activities (the “Contributions”). For these purposes, Users hereby assign to OMEX ECOMMERCE PVT. LTD. OPC, free-of-charge, all exploitation rights over the Contributions for the maximum period of protection legally recognized for such rights, with the right to assign them to third parties, for a worldwide geographical scope and with the purpose of promoting the Portal, including but not limited to, the exercise of the rights of reproduction, distribution, public communication and making available to the public, transformation, modification or adaptation and exploitation of the Contributions.
Locals guarantee that the Activities shall be performed in accordance with the description provided in the Portal.
Users guarantee that the Contributions are an original creation, that they have not been copied from any other pre-existing work, and that the exercising by OMEX ECOMMERCE PVT. LTD. OPC of the rights assigned in this Contract shall not infringe the rights of any third parties. Should the Contributions incorporate any creations by third persons (photographs, images, videos, descriptions or any other works protected by intellectual or industrial property rights), the Users guarantee that they have obtained the pertinent authorizations and licenses from their legitimate owners for the transmission of rights to OMEX ECOMMERCE PVT. LTD. OPC in the terms established in this Contract.
Users guarantee that they are the authors or, where appropriate, the owners of the intellectual and industrial property rights of the Contributions, and that their exploitation by OMEX ECOMMERCE PVT. LTD. OPC shall not violate any legal provisions, contracts, rights or property of any third parties, and shall not constitute any manner of unfair competition.
Users guarantee that no rights of any nature have been conferred or assigned to any third parties in relation to the Contributions.
Consequently, the Users shall assume any expenses, costs, damages and indemnities that may be caused to OMEX ECOMMERCE PVT. LTD. OPC as a result of legal actions brought by any third parties against OMEX ECOMMERCE PVT. LTD. OPC, based on alleged infringements or damages caused by the intellectual property rights assigned in this Contract over the rights that such third persons may hold.
Locals are liable for each and every one of the Activities that they publish.
Users are exclusively responsible for maintaining suitable behavior during the performance of the Activity and, in particular, they commit to act in accordance with the current legislation and to not commit any act that may be considered criminal. OMEX ECOMMERCE PVT. LTD. OPC shall not assume any liability whatsoever as a result of the early finalization of the Activity by the Local due to inappropriate conduct by the Traveller or as a consequence of any of the foregoing.
If Locals and/or Travellers cause any damages, they are to reimburse the full cost of the damage caused to the person and/or entity to whom said damage may have been caused. In addition, they are to indemnify OMEX ECOMMERCE PVT. LTD. OPC for the full amount of any claims presented against OMEX ECOMMERCE PVT. LTD. OPC by any third parties as a consequence of said damage.
If, due to any cause, the Local was not able to fulfill the Activity booked by the Traveller, OMEX ECOMMERCE PVT. LTD. OPC shall not assume any liability other than that of carrying out the corresponding reimbursement. The Local shall be solely liable for any damages that may be derived as a consequence of the foregoing.
OMEX ECOMMERCE PVT. LTD. OPC may terminate this Contract unilaterally at any moment if the User fails to comply with any of the obligations and guarantees established herein or if intellectual property rights or any other rights of third parties are infringed. The termination of the Contract shall not affect the right of OMEX ECOMMERCE PVT. LTD. OPC to make a claim for any corresponding damages.
Users are legitimated to cancel their account in the Portal at any moment by sending an e-mail to [email protected] Cancellation of the account does not authorize Users to withdraw any Contributions that they may have made to OMEX ECOMMERCE PVT. LTD. OPC, given that the intellectual property rights over the same are held by OMEX ECOMMERCE PVT. LTD. OPC.
In the case of any complaints and claims derived from this Contract, or in order to request information on the Service, the User can contact OMEX ECOMMERCE PVT. LTD. OPC via the e-mail address [email protected], by contacting via email at [email protected]
The User may not assign, subrogate or transfer the rights contained in this Contract to any third parties without prior written consent by OMEX ECOMMERCE PVT. LTD. OPC.
Failure to or delay in exercising any rights or demanding compliance with any obligations derived from this Contract shall not constitute a waiver of such right or requirement for compliance with the obligation, nor shall it constitute a waiver of any other rights or requirements for compliance with obligations.
If any of the clauses of this Contract prove to be null due to contravention of applicable legislation, said clause shall be taken as not included, but this shall not affect the rest of the Contract, which shall remain fully effective and valid between the parties.
- LEGISLATION AND APPLICABLE JURISDICTION
This Contract is of a commercial nature and must be interpreted and complied with in accordance with its own terms and, in relation to any matters not provided for herein, these shall be governed by Spanish legislation.
To the extent permitted in the applicable legislation, in order to settle any controversies derived from the validity, interpretation, fulfilment or execution of this Contract, the parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, thus expressly waiving any other jurisdiction to which they may be entitled.