Terms and Conditions
Introduction
The terms and conditions set out below apply to your use of this website and related websites of Hummingbird Resorts.
In accessing and using the site, you agree to be bound by these conditions, so please carefully read this section before proceeding. In case of not accepting these conditions, you must abstain from using the site. These conditions must be read in concurrence with any other applicable terms and conditions governing the use of the site.
Site
The site makes available content relating to Resorts and Hotels owned or managed by Sam Hospitality O/A Hummingbird Resorts established under the laws of India, and its subsidiaries, entities, affiliates and related parties.
Trade Marks
The site contains “Hummingbird Resorts” service marks, devices and other valuable trade or service marks owned by Hummingbird Resorts or licensed to Hummingbird Resorts, to distinguish its services and products. These trade and service marks and related intellectual property, protected from copying and simulation under national and international laws and may not be reproduced or copied without the express prior written permission of Hummingbird Resorts.
Without permission, you must not use any of the said trade or service marks: in or as the whole or part of your own trademarks; in connection with activities, products or services which are not undertaken or provided by Hummingbird Resorts; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages Hummingbird Resorts or its content, products or services (including this site).
Copyright
The content, text, graphics, images, sounds, links and all other content and software published or otherwise contained in the site (“content”), are either owned exclusively by Hummingbird Resorts or licensed by Hummingbird Resorts and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Hummingbird Resorts. Without regulation you may not, without such approval from Hummingbird Resorts, create derivative works from any part of the site or commercialize any content, products or services obtained from any part of the site. content procured from a third party may be the subject to copyright.
Use
You may only use this website to make genuine and valid reservations or purchases. Do keep your passwords, login and account information in confidentiality.
The content must not be downloaded/printed/shared by you. This right to use the content is a license only, not a transfer of title, and is subject to the following limitations: No copyright or other copyrighted notices may be removed.
The content may not be transferred to another person; software may not be interfered with in any manner; every person downloading, reproducing or otherwise using the content must prevent any unaccredited copying of the content; you will only use the content for lawful purposes and in agreement with these Conditions.
Content
You accept that all content provided on the site or any other material accessed through the site including via any Linked Website is general content and is not in the nature of proposal.
You also accept that all of the content is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether expressed, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the content and the site or any other material accessed through the site including via any Linked Website.
Whilst Hummingbird Resorts seeks to ensure that the content is dependable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Hummingbird Resorts does not make or give any representation or warranty (expressed or implied) of any kind, as to any matter relating to the site and any Linked Website, including without limitation, as to the sell ability, non-infringement of intellectual property rights or fitness for purpose.
In particular, Hummingbird Resorts does not guarantee that the content or any other material accessed through the site, including via any Linked Website, is reliable, accurate or complete, without limitation, content relating to prices and availability; or your access to content or any other material accessed through the site, including via any Linked Web site will be uninterrupted, timely or assured.
Hummingbird Resorts is not accountable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the content or any other material accessed through the site, including via any Linked Website. You should make your own inquiries and seek independent professional advice before acting or relying on any such content or material.
Hummingbird Resorts may, from time-to-time update, alter or add to the content, including these Conditions and reserves the right to make such changes without any indebtedness to notify past, current or prospective users of the site. Unless otherwise specified to the contrary, all new content shall be subject to these Conditions.
Hummingbird Resorts does not warrant the site will operate ceaselessly or without interruption or be error free. In addition, Hummingbird Resorts may also suspend or discontinue any aspect of the site at any time without being liable for any direct or indirect loss as a result of such action.
Limitation of Liability and Disclaimer
In no event shall Hummingbird Resorts be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of: your use of the site or any Linked Website; or your use of or reliance on content or any other material accessed through the site including via any Linked Website; including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of content.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Specific Conditions
You must ensure that your access to and your use of the site is not illegal or prohibited by laws that apply to you. You must take your own precautions that the process which you employ for accessing the site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. For the removal of doubt, Hummingbird Resorts does not accept responsibility for any intrusion or damage to your own computer system that arises in connection with your use of the site or any Linked Website.
Hummingbird Resorts does not guarantee or warrant that any material available for downloading from the site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking suitable provisions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any content which you provide to Hummingbird Resorts is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Hummingbird Resorts or the content or which may detrimentally interfere with or stealthily impede or divest any Hummingbird Resorts system, data or content.
Linked Websites
The site may contain links to other web sites (“Linked Web sites”). Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that Hummingbird Resorts does not have any control over the content or availability of Linked Web sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Websites.
Links with Linked Websites should not be misread as an endorsement, approval or recommendation by Hummingbird Resorts or the owners or operators of those Linked Websites, or of any content, graphics, materials, products or services referred to or contained on those Linked Websites, unless and then only to the extent expressly stipulated to the contrary.
Reservations and Amendment
The reservations feature of the site is provided solely to assist customers in deciding the availability of travel related services and products and to make authorized reservations and for no other intent. You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the site in conformity with such Conditions.
All reservations are subject to availability. Reservations made on this site are considered conditional until a confirmation number is given to the guest to confirm the reservations by email or fax. The Resorts may, from time to time, convey with the guests, to re-confirm the reservations and to prevent any simulated bookings.
The site contain details of Resorts charges and room rates (including any available special offers) for Hotels owned or managed by Hummingbird Resorts. Resorts reservation terms and conditions of booking are set out on the site and payment will be in agreement with the procedure set out in such terms and conditions.
You agree to be financially liable for your use of the site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of supply including without limitation payment of all dues under such terms or conditions. No declaration will exist between you and Hummingbird Resorts or any of its affiliates in respect of any services or products offered through the site, unless and until Hummingbird Resorts accepts your order by e-mail or automated confirmation through the site affirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the Resorts reservation terms and conditions of booking.
You undertake that all details you provide to in connection with any services or products which may be offered by Hummingbird Resorts on the site (including Resorts room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Hummingbird Resorts reserves the right to obtain validation of your credit card details before providing you with any services or products.
Termination of Access
If you breach any of these Conditions your license to use the site will terminate immediately without the necessity of any notice being given to you.
Otherwise, Hummingbird Resorts may terminate access to the site at any time without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of Hummingbird Resorts will withal survive any such termination.
General
Hummingbird Resorts does not oblige for any failure to comply with these Conditions where such failure is due to circumstances beyond its reasonable control. If Hummingbird Resorts disregards any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force.
You are completely accountable for all charges, fees, duties, taxes and assessments arising out of the use of the site.
Governing Law & Jurisdiction
The laws in force in India govern these Conditions and you agree to submit to the sole jurisdiction of the courts within the State of Gujarat (Sirohi, Mt. Abu), India.
Return to Site
To return to the site, click where indicated. By accessing this website, you agree to accept, without limitation or criterion, all of these terms and conditions of use.