This website ‘www.EarthsongHotels.com’ is wholly owned, created, managed, maintained and controlled by ‘The Calippic Worldwide’, a business entity having its principal place of business at Delhi (India). ‘Earthsong’, ‘Calippic’, ' ' (three registered trademarks) and the tag line ‘Psychology of Hospitality’ are some of the brand names / devices that are used by and refer to ‘The Calippic Worldwide’. “Earthsong” (including any phrases containing “Earthsong”), wherever used herein or anywhere in this website, depending upon the context and meaning, refers to ‘The Calippic Worldwide’ specifically operating / transacting under the brand name ‘Earthsong’ or to one of the accommodation and/or service providers, or individually or collectively to some or all of the providers, branded / co-branded using the brand name ‘Earthsong’ and serviced by ‘The Calippic Worldwide’; within the ambit of the Terms and Policies stated herein.

The usage of this website and/or all the transactions made by/with Earthsong, including proposals and/or reservations made for any accommodation(s) and/or service(s), are subject to the Terms and Policies stated below. By ‘using this website’, ‘making any transactions and/or reservations’, ‘accepting the Proposal(s) and/or Confirmation(s)’, ‘making full or part payments’ and/or ‘using any accommodation(s) and/or service(s)’; the user(s), client(s) and guest(s) implicitly agree to accept all the following Terms and Policies, and certify to be legally competent to accept all of these terms and policies. The sole and the only recourse for the user(s), client(s) and/or guest(s) who do not implicitly agree to accept, are not legally competent to accept and/or do not understand any of these terms and policies or any portion thereof is to refrain from ‘using this website’, ‘making any transactions and/or reservations with Earthsong’ and/or ‘using any accommodation(s) and/or service(s)’.

Definitions
Accommodation: The facility for the stay of the guests. The term generalized for all kinds of rooms, cottages, villas, tents, dormitories, or any other such facilities. The accommodation may also include related hospitality service(s) such as any type of food & beverage, catering, banquet, transportation, excursion, activity, safari, trek, adventure, sport, spa, wellness, fitness, beauty parlour, conference, convention, meeting, training, exhibition, entertainment, and/or service(s) in respect of any kind of travel, tours, tourism, events and/or weddings, and/or any type of other indoor or outdoor hospitality service(s).
Accommodation Provider: The one who provides the accommodation(s) and related service(s). The term generalized for all kinds of hotels, resorts, retreats, motels, lodges, guest houses, home stays, farm stays, camps, inns, cruises, house boats or any other such facilities. An accommodation provider may also be a service provider.
And/or: The phrase used to indicate that any combination of items connected by it are involved; i.e. one or more of the stated items may be involved. For example, the statement ‘Email may be sent to the users, clients and/or guests’ indicates that though email may be sent to any of the three listed, but the choices are not exclusive; email may be sent to one, two, or all three. Another example, the statement ‘The Proposal and/or Confirmation will be sent’ indicates that either of the two items listed or both will be sent. The statement ‘The client(s) and/or guest(s) will be liable to pay' indicates that either the client(s) or the guest(s), or both will be liable to pay.
Booking Engine: The software, either integrated within or accessed through this website, used to process secure online reservations for the accommodation(s) and/or service(s) and/or the tour(s)/package(s), for which the online reservation facility is available on / through this website. The booking engine may be a third party software application.
Client: The one to whom the Proposal and/or Confirmation is addressed, and/or the one who makes the reservations, and/or the one who make the payments, and/or the one who is customer of the accommodation(s) and/or service(s). Furthermore, the one who is authorized by and/or represents the client is also deemed as a client. A client may or may not be a guest.
Confirmation: The confirmation of the reservations, for the accommodation(s) and/or service(s) reserved, imparted to the client(s) and/or guest(s) through any available emailing and/or messaging services and/or through the booking engine on their device display and/or through any other available media. The Confirmation may contain the relevant information on such reserved accommodation(s) and/or service(s) along with the governing terms and policies and other requisite information, if any. The Confirmation may be required by the guest(s) for registering with the concerned accommodation and/or service provider(s) at the time of check-in.
Extras: Extras or Extra Accommodation(s) and/or Service(s) refer to the accommodation(s) and/or service(s) that are not included in the cost of the proposed and/or reserved accommodation(s) and/or service(s), and will incur an additional cost.
Guest: The one who avails the accommodation(s) and/or service(s). A guest may also be a client.
Package: The arrangement wherein one or more accommodations and/or services provided by one or more providers are bundled under a single cost. The Package is also referred as ‘Tour’ or ‘Package Tour’ or ‘Tour Package’.
Plan: The arrangement wherein the cost of an accommodation or a service provided by a provider may also be inclusive of one or more additional accommodations and/or services.
Proposal: The proposal for the accommodation(s) and/or service(s), that are intended to be reserved, imparted to the prospective client(s) and/or guest(s) through any available emailing and/or messaging services and/or through any other available media. The relevant information on the accommodation(s) and/or service(s), intended to be reserved online on / through this website, imparted through the booking engine on the device display is also deemed as the ‘Proposal’ and such accommodation(s) and/or service(s) are deemed as proposed. The Proposal may contain the relevant details on the proposed accommodation(s) and/or service(s) and their costs along with the governing terms and policies and other requisite information, if any. All Proposals and/or reservations are subject to availability and confirmations.
Provider: The one who is an accommodation and/or service provider.
Provider Sub-site: The set of webpages, within this website, containing information on the facilities, accommodations and/or services provided by, and/or other relevant information on, a particular provider.
Service: The hospitality related service such as any type of accommodation, food & beverage, catering, banquet, transportation, excursion, activity, safari, trek, adventure, sport, spa, wellness, fitness, beauty parlour, conference, convention, meeting, training, exhibition, entertainment, or service in respect of any kind of travel, tours, tourism, events and/or weddings, or any type of other indoor or outdoor hospitality service.
Service Provider: The one who provides hospitality related service(s) such as any type of accommodation, food & beverage, catering, banquet, transportation, excursion, activity, safari, trek, adventure, sport, spa, wellness, fitness, beauty parlour, conference, convention, meeting, training, exhibition, entertainment, and/or service(s) in respect of any kind of travel, tours, tourism, events and/or weddings, and/or any type of other indoor or outdoor hospitality service(s). A service provider may also be an accommodation provider.
Sub-site: The set of webpages, within this website, containing information on a particular provider or on a particular tour/package.
Tour: The arrangement wherein one or more accommodations and/or services provided by one or more providers are bundled under a single cost. The Tour is also referred as ‘Package’ or ‘Package Tour’ or ‘Tour Package’.
Tour/Package Sub-site: The set of webpages, within this website, containing information on a particular tour/package.
User: The visitor to this website.

About Earthsong
Earthsong is engaged, inter-alia, in the business of providing sales, marketing and reservation services to the accommodation and service providers. Some of such accommodation and/or service providers are listed on this website and information on them is individually provided on the set of relevant webpages in the form of individual sub-sites. The individual provider sub-sites, for some of the providers, also serve as their respective official websites. Earthsong may also, for some of the providers, sell and market to or through, and take and manage reservations from or through, any third parties and/or any kind of third party websites, portals, mobile applications and/or other platforms and/or any kind of agencies, mediums, channels, platforms and/or establishments.

Further, in case of some of the providers, in order to provide brand recognition and greater visibility and to provide cost effective and sustainable sales, marketing and reservation services; Earthsong uses ‘umbrella’ brand marketing approach wherein the provider, serviced by Earthsong, is re-branded using one or more brand names / devices used by Earthsong, either in conjunction with the provider’s existing branding or otherwise, for the purposes of market, client and guest communication.

Earthsong may also facilitate tours/packages wherein it incorporates, and facilitates reservations for, one or more accommodations and/or services provided by one or more providers. Some of such tours/packages may also be listed on this website and information on them is individually provided on the set of relevant webpages in the form of individual sub-sites.

Earthsong is not a provider and does not own, possess, maintain, control, operate or manage any of the accommodations and/or services (irrespective of their type, their relation or no relation to any tour/package/plan, their providers, and/or whatsoever else) and/or any of the providers (irrespective of whether they are included in this website or not, whether they are branded / co-branded using any of the brand names / devices used by Earthsong or not, and/or whatsoever else); and Earthsong, in any and all cases and in any and all situations, sells and market, and take and manage reservations for, any accommodation(s) and/or service(s), and perform the related acts, only on behalf of the relevant providers as their agent (as an independent contractor) and under no circumstances acts or holds any liability and/or responsibility as the principal in such a context. Further, Earthsong is an independent legal entity, separate from any of the providers, with detached responsibilities, accountabilities and liabilities. As such, Earthsong holds no liability and/or responsibility for any consequences, whatsoever, directly or indirectly, arising out of, resulting from and/or connected with any accommodation(s) and/or service(s) provided by any of the providers and/or with the use of and/or lack of use of any accommodation(s) and/or service(s) provided by any of the providers and/or with any acts and/or omissions of any of the providers.

Copyright
The copyright in the design, colours, layout and content of this website including all the information, materials and pictures vests in Earthsong, or is otherwise reserved. Replication of the design, colours and/or layout, and/or publication and/or reproduction of any information, content, materials and/or pictures contained herein on any other website and/or in any other form is expressly prohibited. The information, content, materials and pictures published on this website however may be accessed and/or downloaded for private and non–commercial use only.

Privacy
The personal information including the name, contact, credit card and/or any other such details as provided by the users, clients and/or guests will be treated as strictly confidential and no such information will be intentionally made available to third parties, unless obliged to do so by law and/or legal process. However, so as to facilitate reservations, Earthsong may share certain personal information with the relevant accommodation and/or service provider(s). Although Earthsong make its best endeavours to protect such personal information from unauthorised access and/or use, neither Earthsong nor any of its proprietors, partners, directors, shareholders, employees, agents, contractors, associates, representatives, successors and/or assigns give any warranties, whether expressly, tacitly or implied, as to the security of such information and will not be liable for any leakage and/or misuse of such personal information. Earthsong may send promotional emails and/or messages to the users, clients and/or guests; and the receivers may, by the return email or message, indicate whether they would prefer not to receive any such emails or messages in future.

This website may use “cookies” to customize and make it more user friendly. Cookies are harmless and are an industry standard. They are the small text files that contain preferences or information provided by the user; and are stored on the user’s computer. The cookies cannot run any programs, plant viruses and by no means harvest the personal information. Furthermore, the users may delete the stored cookies and/or configure their browsers to not accept them in future.

Disclaimer
Although Earthsong endeavours to provide latest, accurate and true information on this website or otherwise, and make all the efforts to ensure that the content, materials, pictures, services and products contained herein or made available otherwise are free of errors, viruses and/or other harmful components, neither Earthsong nor any of its proprietors, partners, directors, shareholders, employees, agents, contractors, associates, representatives, successors and/or assigns make any representations and/or give any warranties, whether expressly, tacitly or implied, as to the operation of this website and/or as to the information, content, materials, pictures, services and products included in and available from this website or made available otherwise. Earthsong, its proprietors, partners, directors, shareholders, employees, agents, contractors, associates, representatives, successors and/or assigns will not be liable for any loss and/or damage of whatsoever nature arising and/or resulting from the use of and/or inability to use this website, and/or any information, content, materials, pictures, services and products contained herein or made available otherwise; including but not limited to direct, indirect, incidental, punitive and consequential loss and/or damage. Earthsong is not liable for any errors and/or omissions.

This website is the official website of Earthsong, and the contact details such as addresses, telephone numbers and email ids as given on this website are the only official contacts of Earthsong. Earthsong takes no responsibility whatsoever of any information provided on any third party websites, portals, mobile applications and/or on any other third party platforms and/or by any third party travel agents, booking agents, other agents, representatives, and/or by any other third party persons and/or establishments. Earthsong has no official, authorized and/or appointed representatives, agents and/or sub-agents. Any website, portal, mobile application, platform, travel agent, booking agent, any type of other agent or representative, and/or anyone else making any transactions and/or reservations with Earthsong on behalf of the client(s) and/or guest(s) is doing so in personal capacity and is deemed to be authorized by and representing such client(s) and/or guest(s); and as such is deemed as a client.

Business Request
The products and/or services included in this website or advised upon otherwise are merely suggested and not endorsed; and the information contained on this website or imparted otherwise is an invitation to do business and not an offer. If a business request is forwarded, Earthsong shall indicate its acceptance thereof through any available emailing or messaging service or through any other available media. Earthsong reserves the right to not to respond to a business request and/or refuse any business request, without assigning any reason. Earthsong facilitate reservations, act herein only as an agent for the accommodation and/or service providers, and has no liability as the principal. Therefore any agreement resulting from the acceptance of a business request is deemed to be an agreement between the ‘relevant accommodation and/or service provider(s)’ and the ‘user(s), client(s) and/or guest(s)’.

Rates
The rates are updated regularly; however, rates provided on this website and/or otherwise are purely indicative, and are subject to final confirmation. The rates may vary or may not be applicable for specific dates or periods. The rates may be changed at any point of time without notice. Any government taxes may be charged additionally.

Reservations
A reservation request for the accommodation and/or service provider(s) and/or for the tour(s)/package(s), included in this website, can be forwarded by submitting an online enquiry form available on their respective sub-sites. Alternatively, the request can be made by speaking to one of the reservation executives or by forwarding it through any available emailing and/or messaging services and/or through any other available media, specifying the name(s) of the accommodation and/or service provider(s) and/or the details of the tour(s)/package(s), check-in and check-out dates, number of adults and children with their respective age, number and category of accommodations required, the preferred plans and other details, if any. Earthsong may respond to the reservation request with the ‘Proposal’, thereby proposing the accommodation(s) and/or service(s) that are intended to be reserved; where such Proposal may contain the relevant details on such proposed accommodation(s) and/or service(s) and their costs along with the governing terms and policies and other requisite information, if any. However, Earthsong reserves the right to not to respond to a reservation request and/or to refuse any reservation request, without assigning any reason. The accommodation(s) and/or service(s), so proposed, can be reserved by accepting the Proposal and making the advance payments, if and as mandated by the payment terms stated therein; and sending the intimation to this regard by responding to the relevant Proposal. Upon receiving such intimation and verifying the advance payments, if any, Earthsong will convey the ‘Confirmation(s)’ thereby confirming such reservations. The Confirmation(s), so conveyed, may contain the relevant information on the reserved accommodation(s) and/or service(s) along with the governing terms and policies and other requisite information, if any. The Confirmation(s) may be required by the guest(s) for registering with the concerned accommodation and/or service provider(s) at the time of check-in. Earthsong may also share such Confirmation(s) with the relevant accommodation and/or service provider(s).

The reservations for the accommodation(s) and/or service(s) and/or for the tour(s)/package(s), for which the online reservation facility is available on / through this website, can also be made through the online booking engine, which may either be integrated within or accessed through this website. Based on the reservation request submitted on the booking engine, and the availability thereof, the information on the accommodation(s) and/or service(s), intended to be reserved, is imparted through the booking engine on the device display; where such information may contain the relevant details on such accommodation(s) and/or service(s) and their costs along with the governing terms and policies and other requisite information, if any. The information, so imparted, is deemed as the ‘Proposal’ and such accommodation(s) and/or service(s) are deemed as proposed. The intended reservations can be confirmed on the booking engine by following the instructions therein and making the advance payments, if and as mandated; upon which such Proposal is deemed as accepted and the Confirmation(s) are conveyed.

The terms and policies stated herein are applicable for the Proposals and/or reservations made for any accommodation(s) and/or service(s); irrespective of their type, their providers (whether included in this website or not and whether branded / co-branded using any of the brand names / devices used by Earthsong or not), their relation or no relation to any tour/package/plan, and/or whatsoever else. By ‘using this website’, ‘making any transactions and/or reservations’, ‘accepting the Proposal(s) and/or Confirmation(s)’, ‘making full or part payments’ and/or ‘using any accommodation(s) and/or service(s)’; the user(s), client(s) and guest(s) implicitly agree to accept all the terms and policies stated herein, including the following terms and policies specifically governing the Proposals and/or reservations made for any accommodation(s) and/or service(s).

Payments
By accepting the Proposal and/or Confirmation, the client(s) and the guest(s) implicitly agree to make payments as per the stated payment terms. Conversely, by making part or full payments, the client(s) and the guest(s) implicitly accept the relevant Proposal and/or Confirmation; including the payment terms therein.

The prevailing government regulations on Tax Collected at Source (TCS), PAN collection & verification, financial reporting and/or any other prevailing regulations will be applicable on the payments made by the client(s) and/or the guest(s).

Default of Payment
Failure to make advance payments as per the payment terms stated in the Proposal and/or Confirmation will be treated as cancellation. Accommodation(s) and/or service(s) under the Proposal and/or Confirmation will be released and/or cancelled; the advance, if any, will be forfeited and the relevant cancellation policy(s) will apply. The client(s) and/or the guest(s) will be liable to pay the applicable cancellation charges after adjustment of advance, if any.

Right of Refusal
Earthsong reserves the right to refuse and/or cancel any proposed and/or reserved accommodation(s) and/or service(s) at any point of time without assigning any reason; and enable the refund of advance, if any, collected against such accommodation(s) and/or service(s). The client(s) and/or the guest(s) will not have any claim against it by any reason thereof.

Cancellations
The online cancellations and/or amendments may be available on the booking engine used for making corresponding online reservations on / through this website; otherwise cancellations and/or amendments can be notified by responding to the corresponding Proposal or Confirmation. Cancellation, amendment and/or failure to avail the proposed and/or reserved accommodation(s) and/or service(s), fully or partly by any reason thereof, may incur cancellation charges as per the relevant cancellation policy(s). The client(s) and/or the guest(s) will be liable to pay such cancellation charges after adjustment of advance, if any.

The cancellation policy(s) may differ for different accommodation and/or service providers. For the Proposals and/or reservations made for an accommodation and/or service provider included in this website, the ‘Cancellation Policy(s)’, if stated, on its sub-site will be applicable. For the Proposals and/or reservations made for an accommodation and/or service provider for whom such specific cancellation policy(s) are not stated on its sub-site, or for a provider who is not included in this website; the ‘General Cancellation Policy’ as under will be applicable. In case the Proposals and/or reservations are made concurrently for more than one accommodation and/or service provider, the relevant cancellation policy(s) will be applicable individually for each of the providers. However, specific to the Proposal and/or Confirmation, the ‘Cancellation Policy(s)’, if stated, therein will supersede all the other cancellation policies that may be stated on this website and will be accordingly applicable for the accommodation(s) and/or service(s) included therein.

In case of tour(s)/package(s) wherein one or more accommodation(s) and/or service(s) provided by one or more provider(s) are incorporated, different cancellation policy(s) may be individually applicable for each of such incorporated accommodation(s) and/or service(s) or the stated cancellation policy(s) may be applicable for all of such incorporated accommodation(s) and/or service(s) in which case the incorporated accommodation(s) and/or service(s) cannot be cancelled and/or amended individually. The cancellation policy(s) may differ for different tours/packages. For the Proposals and/or reservations made for a tour/package included in this website, the ‘Cancellation Policy(s)’, if stated, on its sub-site will be applicable. For the Proposals and/or reservations made for a tour/package for which such specific cancellation policy(s) are not stated on its sub-site, or for a tour/package which is not included in this website; the ‘General Cancellation Policy’ as under will be applicable for all the incorporated accommodation(s) and/or service(s). In case the Proposals and/or reservations are made concurrently for more than one tour/package, the relevant cancellation policy(s) will be applicable individually for each of the tours/packages. However, specific to the Proposal and/or Confirmation, the ‘Cancellation Policy(s)’, if stated, therein will supersede all the other cancellation policies that may be stated on this website and will be accordingly applicable for the accommodation(s) and/or service(s) incorporated in the tour(s)/package(s) included therein.

General Cancellation Policy
Cancellation, amendment and/or failure to avail the proposed and/or reserved accommodation(s) and/or service(s), fully or partly by any reason thereof, will incur cancellation charges equivalent to 100% of the total value of such accommodation(s) and/or service(s). The client(s) and/or the guest(s) will be liable to pay such cancellation charges after adjustment of advance, if any.

Refunds
The refunds, if any, will be enabled favouring the one who originally made the payments or anyone nominated by such a person. No service charge will be levied for processing the refunds; however any originally charged government taxes and any expense related to collection of original payments and/or making refunds, in form of bank charges and/or in any other form, will be deducted.

Extra Accommodations and/or Services
The information on various extra accommodation(s) and/or service(s) provided on this website and/or imparted otherwise is an invitation to do business and not an offer; and such accommodation(s) and/or service(s) are merely suggested and not endorsed. All the rates therein are purely indicative, may vary or may not be applicable for specific dates or periods, may be changed at any point of time without notice, and are subject to final confirmation. Any government taxes may be charged additionally. All extra accommodation(s) and/or service(s) are subject to availability and confirmations. Earthsong reserves the right to refuse any request for extra accommodation(s) and/or service(s) without assigning any reason. The client(s) and/or guest(s) will be liable to make additional payments, as per the payment terms stated in the Proposal and/or Confirmation, towards any extra accommodation(s) and/or service(s) ordered and/or availed by them.

Check-In and Check-Out Time
The check-in and check-out time may differ for different accommodation and/or service providers. For an accommodation and/or service provider included in this website, the ‘Check-in’ and ‘Check-out’ time, if stated, on its sub-site will be applicable. For an accommodation and/or service provider for whom such specific check-in and check-out time is not stated on its sub-site, or for a provider who is not included in this website; the check-in and check-out time is deemed to be 1400 Hours and 1000 Hours respectively. In case the Proposals and/or reservations are made concurrently for more than one accommodation and/or service provider, the relevant check-in and check-out time will be applicable individually for each of the providers. However, specific to the Proposal and/or Confirmation, the ‘Check-in’ and ‘Check-out’ time(s), if stated, therein will prevail and will be accordingly applicable for the accommodation(s) and/or service(s) included therein.

In case of tour(s)/package(s) wherein one or more accommodation(s) and/or service(s) provided by one or more provider(s) are incorporated, different check-in and check-out time(s) may be individually applicable for each of such incorporated accommodation(s) and/or service(s). For a tour/package included in this website, the ‘Check-in’ and ‘Check-out’ time(s) for the incorporated accommodation(s) and/or service(s), if stated, on its sub-site will be applicable. For a tour/package for which such specific check-in and check-out time(s) are not stated on its sub-site, or for a tour/package which is not included in this website; the check-in and check-out time for all the incorporated accommodation(s) and/or service(s) is deemed to be 1400 Hours and 1000 Hours respectively. In case the Proposals and/or reservations are made concurrently for more than one tour/package, the relevant check-in and check-out time(s) will be applicable individually for the accommodation(s) and/or service(s) incorporated in each of the tours/packages. However, specific to the Proposal and/or Confirmation, the ‘Check-in’ and ‘Check-out’ time(s), if stated, therein will prevail and will be accordingly applicable for the accommodation(s) and/or service(s) incorporated in the tour(s)/package(s) included therein.

The guest(s) will need to adhere to the relevant check-in and check-out time(s). The requests for early check-in and/or late check-out may depend on the availability, and may or may not incur additional charges. The guest(s) are advised to forward updates on their expected time of arrival.

Liabilities
Earthsong act only as an agent for the accommodation and/or service provider(s), and holds no liability and/or responsibility as the principal. Earthsong will not be liable and/or responsible for any problems with the principal accommodation and/or service provider(s), which may include cancellations, modifications, deficiencies and/or re-scheduling of the accommodation(s) and/or service(s). If the provider(s) withholds any accommodation(s) and/or service(s), the liability of Earthsong will be limited to the advance, if any, collected against such withheld accommodation(s) and/or service(s).

Earthsong, its proprietors, partners, directors, shareholders, employees, agents, contractors, associates, representatives, successors and/or assigns will not be liable and/or responsible for any loss of and/or damage to the life, body, mind, property and/or whatsoever else of the client(s), the guest(s), their child(ren)/ward(s) (‘child(ren)/ward(s)’ herein and hereinafter refers to any minor(s) and/or incompetent person(s) for whom the client(s) have made reservations and who accompany the adult competent guest(s); as such the client(s) and guest(s) agree to be fully responsible for such minor(s) and/or incompetent person(s) and certify to be fully authorized and competent to enter into any related agreement on behalf of such minor(s) and/or incompetent person(s)) and/or anyone else during, directly or indirectly arising out of, resulting from and/or any way connected with their, their child(ren)’s/ward(s)’ and/or anyone else’s stay and/or presence with Earthsong and/or with any kind of provider(s) and/or use of any type of facilities, accommodation(s) and/or service(s) rendered by Earthsong and/or by any kind of provider(s); including but not limited to direct, indirect, incidental, punitive and consequential loss and/or damage, and howsoever caused, including negligence, errors, faults, acts, omissions and/or failures to act of anyone and/or breach of statutory and/or any duty of care by anyone.

Assumption of Risk, Waiver, Release, Discharge, Covenant not to sue, Hold Harmless and Indemnity Agreement
There are inherent risks associated with stay, facilities, accommodation(s) and/or service(s) rendered by Earthsong and/or by all kinds of accommodation and/or service provider(s). The emergency evacuation and/or medical facilities and/or services may not be accessible and/or available some or all the time, and those available may not be up to the desired standards. By ‘making any transactions and/or reservations’, ‘accepting the Proposal(s) and/or Confirmation(s)’, ‘making full or part payments’, ‘registering, staying and/or being present with Earthsong and/or with any kind of provider(s)’ and/or ‘using any facilities, accommodation(s) and/or service(s)’, and in consideration of being allowed to do so, the client(s) and guest(s) voluntarily and unconditionally acknowledge, agree to accept and assume full responsibility and/or liability of any and all risks, including but not limited to direct, indirect, incidental, punitive and consequential risks and whether known or unknown, associated with stay, facilities, accommodation(s) and/or service(s) rendered by Earthsong and/or by all kinds of accommodation and/or service provider(s), including the risk of loss of and/or damage to their, their child(ren)’s/ward(s)’ (‘child(ren)/ward(s)’ herein and hereinafter refers to any minor(s) and/or incompetent person(s) for whom the client(s) have made reservations and who accompany the adult competent guest(s); as such the client(s) and guest(s) agree to be fully responsible for such minor(s) and/or incompetent person(s) and certify to be fully authorized and competent to enter into this agreement on behalf of such minor(s) and/or incompetent person(s)) and/or anyone else’s life, body, mind, property and/or whatsoever else that could occur during, directly or indirectly arise out of, result from and/or any way relate to their, their child(ren)’s/ward(s)’ and/or anyone else’s stay and/or presence with Earthsong and/or with any kind of provider(s) and/or use of any type of facilities, accommodation(s) and/or service(s) rendered by Earthsong and/or by any kind of provider(s) and could be caused howsoever, including negligence, errors, faults, acts, omissions and/or failures to act of anyone and/or breach of statutory and/or any duty of care by anyone.

By ‘making any transactions and/or reservations’, ‘accepting the Proposal(s) and/or Confirmation(s)’, ‘making full or part payments’, ‘registering, staying and/or being present with Earthsong and/or with any kind of provider(s)’ and/or ‘using any facilities, accommodation(s) and/or service(s)’, and in consideration of being allowed to do so, the client(s) and guest(s), for themselves, their child(ren)/ward(s), and their and their child(ren)’s/ward(s)’ heirs, guardians, spouses, children, parents, next of kin, all members of family, sponsors, beneficiaries, executors, administrators, assigns, agents, representatives, trustees and/or any and all successors in interest, irrevocably and unconditionally agree to fully and forever waive, release, discharge, covenant not to sue, hold harmless and indemnify and keep indemnified Earthsong, its proprietors, partners, directors, shareholders, employees, agents, contractors, associates, representatives, successors and/or assigns for, from and/or against any and all direct, indirect, incidental, punitive, consequential and/or any other type of claims, demands, liabilities, costs, expenses, charges, penalties, risks, proceedings, suits, actions, causes of action, losses and/or damages of whatsoever nature and/or any other consequences whatsoever arising due to any reason, including the loss of and/or damage to the client(s)’, guest(s)’, their child(ren)’s/ward(s)’ and/or anyone else’s life, body, mind, property and/or whatsoever else, directly or indirectly arising out of, resulting from and/or any way connected with the client(s)’, guest(s)’ and/or their child(ren)’s/ward(s)’ stay and/or presence with Earthsong and/or with any kind of provider(s) and/or use of any type of facilities, accommodation(s) and/or service(s) rendered by Earthsong and/or by any kind of provider(s); and howsoever caused, including negligence, errors, faults, acts, omissions and/or failures to act of anyone and/or breach of statutory and/or any duty of care by anyone.

The client(s) and guest(s) further agree that this agreement is intended to be as broad and inclusive as permitted by law, and that if any portion of this agreement is held to be illegal, invalid and/or otherwise unenforceable, such portion will not be deemed as part of this agreement and the balance, notwithstanding, shall continue in full force and effect, and that any ambiguities in this agreement will not be construed against any party by virtue of that party having drafted the agreement.

Furthermore, with the understanding that the substantial rights are being given up, the client(s) and guest(s) specifically represent that they are entering and they have full authority to enter into this forever legally binding agreement on behalf of themselves, their child(ren)/ward(s), and their and their child(ren)’s/ward(s)’ heirs, guardians, spouses, children, parents, next of kin, all members of family, sponsors, beneficiaries, executors, administrators, assigns, agents, representatives, trustees and/or any and all successors in interest, and irrevocably and unconditionally agree to fully and forever save, hold harmless and indemnify and keep indemnified Earthsong, its proprietors, partners, directors, shareholders, employees, agents, contractors, associates, representatives, successors and/or assigns for, from and/or against any and all direct, indirect, incidental, punitive, consequential and/or any other type of claims, demands, liabilities, costs, expenses, charges, penalties, risks, proceedings, suits, actions, causes of action, losses and/or damages of whatsoever nature and/or any other consequences whatsoever which may be made and/or imposed by anyone despite of this agreement and/or directly or indirectly arising out of, resulting from and/or any way connected with any defect in and/or lack of such authority.

Guest Registration, Credentials and Responsibilities
The primary guest(s) and/or any and all guest(s) may be required to register with the accommodation and/or service provider(s) wherein they may be required to fill in a registration form, additionally accept all the terms and policies stated therein, sign and accept an agreement and/or a declaration, and/or adhere to any other formalities, as required and decided by the individual accommodation and/or service provider(s) at their sole and absolute discretion, on behalf of themselves and on behalf of all the accompanying guest(s) including minor(s) and/or incompetent person(s) for whom they agree to be fully responsible and on whose behalf they certify to be fully authorized and competent to enter into such an agreement.

The client(s) making reservations and the primary guest(s) registering with the accommodation and/or service provider(s) must be competent adult(s). The guests not accompanied by at least one adult competent member may not be allowed to check-in. As per the government regulations, every Indian adult guest travelling within the country will be required to present a valid photo identification from Passport, Voters Card, Aadhaar Card and Driving Licence, PAN card may not be accepted as a valid identification; while every guest, including the minors, travelling to or from a foreign country will be required to present the passport with a valid visa. The age proof will be additionally required for all the minors and senior citizens. The accommodation and/or service provider(s) may not allow the guest(s) to check-in without valid identifications.

Any guest(s) with doubtful identification, travelling with illicit partner(s) and/or with any illegal substances, violating rules and regulations on fire arms, alcohol consumption, smoking ban, prohibited items and/or any other such regulations, carrying or storing hazardous goods like raw or exposed cinema films, gas cylinders, cooking stoves, inflammable fuels, firearms, etc, and/or having illegitimate and/or improper conduct may be denied check-in or may be asked to check-out at any point of time. Further, the guest(s) will need to abide by the rules and conduct that may be briefed by Earthsong and/or by the provider(s) from time to time. The accommodation and/or service providers reserve the right of admission. Earthsong will not be liable and/or responsible if check-in is denied and/or the guests are asked to check-out at any point of time due to any of the aforesaid and/or other legitimate reasons.

The guest(s) may be held responsible and charged for any loss and/or damage caused by them and/or by any person for whom they are responsible to the property of accommodation and/or service provider(s). Furthermore, the guest(s) are deemed to be physically and mentally fit to avail the accommodation(s) and/or service(s) rendered.

Joint Responsibility of Clients and Guests
The client(s) making ‘any transactions and/or reservations’, ‘accepting the Proposal(s) and/or Confirmation(s)’, and/or ‘making full or part payments’ are deemed to be representing and acting on behalf of themselves and all the guest(s), and are deemed to be authorized by all the guest(s) to do so; as such the client(s) agree to ensure that these terms and policies are brought to the attention of all the guest(s) and also agree to be fully responsible and/or liable for any consequences whatsoever arising out of their failure to do so.

All the guest(s) along with the client(s) are deemed to have implicitly accepted all the terms and policies stated here. Furthermore, the client(s) and all the guest(s) will be jointly and severally liable to any and all liabilities.

Minor and/or Incompetent Guests
The client(s) accepting Proposals and/or making reservations on behalf of any minor(s) and/or incompetent person(s) and/or the adult competent guest(s) accompanying any minor(s) and/or incompetent person(s) agree to be fully responsible and/or liable for such minor(s) and/or incompetent person(s), and implicitly agree to accept and certify to be fully authorized and competent to accept all the terms and policies stated here on behalf of such minor(s) and/or incompetent person(s) and on behalf of all the guardians of such minor(s) and/or incompetent person(s).

Plans/Packages carried out by Accommodation and/or Service Providers
The accommodation and/or service provider(s) may provide accommodation(s) and/or service(s) on various customized or readymade plans, wherein their cost may also include one or more additional accommodation(s) and/or service(s). The Proposals and/or reservations made for one or more accommodation(s) and/or service(s) in relation to any such plan or otherwise are treated no differently. As such the terms and policies stated herein remain applicable for the Proposals and/or reservations made for any accommodation(s) and/or service(s), irrespective of whether or not they are in relation to any plan.

The accommodation and/or service provider(s) may also carry out certain customized or readymade packages, wherein they may incorporate one or more accommodation(s) and/or service(s). The Proposals and/or reservations made for one or more accommodation(s) and/or service(s) in relation to any such package or otherwise are treated no differently. As such the terms and policies stated herein remain applicable for the Proposals and/or reservations made for any accommodation(s) and/or service(s), irrespective of whether or not they are in relation to any package.

Tours/Packages facilitated by Earthsong
Earthsong also facilitates tours/packages, wherein it may incorporate one or more accommodation(s) and/or service(s). Such tours/packages may be guided or unguided, conducted or non-conducted, escorted or unescorted, customized or readymade, and/or of any type. In the process, the accommodation(s) and/or service(s) of one or more accommodation and/or service provider(s) may be booked. However, role of Earthsong in facilitating such tours/packages remain that of an agent only, and by no means does Earthsong act as a principal. In facilitating such tours/packages, Earthsong only facilitates reservations for one or more accommodation and/or service provider(s); acts only as an agent and holds no liability as the principal. The Proposals and/or reservations made for one or more accommodation(s) and/or service(s) in relation to any such tour/package or otherwise are treated no differently. As such the terms and policies stated herein remain applicable for the Proposals and/or reservations made for any accommodation(s) and/or service(s), irrespective of whether or not they are in relation to any tour/package.

Earthsong, apart from providing the details on accommodation(s) and/or service(s) included in a tour/package, may also provide information on various extra accommodation(s) and/or service(s) that are suggested but are not included in the cost of tour/package. The information imparted on various extra accommodation(s) and/or service(s) is an invitation to do business and not an offer; and such accommodation(s) and/or service(s) are merely suggested and not endorsed. All the rates therein are purely indicative, may vary or may not be applicable for specific dates or periods, may be changed at any point of time without notice, and are subject to final confirmation. Any government taxes may be charged additionally. All extra accommodation(s) and/or service(s) are subject to availability and confirmations. Earthsong reserves the right to refuse any request for extra accommodation(s) and/or service(s) without assigning any reason. The client(s) and/or guest(s) will be liable to make additional payments, as per the payment terms stated in the Proposal and/or Confirmation, towards any extra accommodation(s) and/or service(s) ordered and/or availed by them. The client(s) and guest(s) are advised to update themselves on the specific inclusions of a tour/package. Cancellation, amendment and/or failure to avail any extra accommodation(s) and/or service(s) ordered during the course of a tour/package, fully or partly by any reason thereof, will incur cancellation charges equivalent to 100% of the total value of such accommodation(s) and/or service(s). The client(s) and/or guest(s) will be liable to pay such cancellation charges after adjustment of advance, if any.

The tours/packages facilitated by Earthsong may be guided by a defined itinerary, which may be customized or readymade. Earthsong reserves the right to modify itinerary of any tour/package, and that may include cancellations, alterations, additions and/or re-scheduling of the related accommodation(s) and/or service(s). Earthsong will not be liable and/or responsible for any modifications in a tour/package itinerary due to the reasons beyond its control, due to the preferences and/or performance of the client(s) and/or guest(s), and/or due to any other reasons thereof. The client(s) and guest(s) will need to adhere to a tour/package itinerary even if modified from time to time. A tour/package itinerary may comprise of certain extra accommodation(s) and/or service(s) that are suggested but are not included in the cost of tour/package. The client(s) and/or guest(s) will be liable to make additional payments, as per the payment terms stated in the Proposal and/or Confirmation, towards any extra accommodation(s) and/or service(s) ordered and/or availed by them. The client(s) and guest(s) are advised to update themselves on the specific inclusions of a tour/package.

Earthsong reserves the right to refuse and/or cancel any proposed and/or reserved tour/package entirely at any point of time without assigning any reason; and enable the refund of advance, if any, collected against such tour/package. The client(s) and/or the guest(s) will not have any claim against it by any reason thereof.

Earthsong reserves the right to refuse and/or cancel any related and/or extra accommodation(s) and/or service(s) at any point of time without assigning any reason; and enable the refund of advance, if any, collected against such accommodation(s) and/or service(s). The client(s) and/or the guest(s) will not have any claim against it by any reason thereof.

Earthsong reserves to itself the absolute right of admission to tour/package. Anyone may be denied admission and/or check-in or may be asked to check-out and/or depart at any point of time without any prior notice and without assigning any reason whatsoever.

Earthsong reserves the right, at its sole and absolute discretion, to make any and all participating guest(s) register for a tour/package whereby the guest(s) will be required to fill in the registration form, additionally accept all the terms and policies stated therein, and sign and accept an Assumption of Risk, Waiver, Release, Discharge, Covenant not to sue, Hold Harmless and Indemnity Agreement. In an event of the guest being a minor or incompetent, a person who is fully responsible for such minor or incompetent guest and who certify to be fully authorized and competent to enter into such an agreement on behalf of such minor or incompetent guest will need to complete the aforesaid registration process on behalf of the guest. Every Indian adult guest travelling within the country will also be required to present a valid photo identification from Passport, Voters Card, Aadhaar Card and Driving Licence, PAN card will not be accepted as a valid identification; while every guest, including the minors, travelling to or from a foreign country will be required to present the passport with a valid visa. The age proof will be additionally required for all the minors and senior citizens. The guest(s) without valid identifications will not be allowed to check-in.

Suggested Itineraries
Earthsong may also otherwise suggest customized or readymade itineraries for the convenience of its client(s) and/or guest(s); such itineraries are merely suggested and not endorsed. Earthsong by no means will be responsible and/or liable to execute and/or manage such suggested itineraries. Earthsong will not be liable and/or responsible for any modifications in a suggested itinerary, which may include cancellations, alterations, additions and/or re-scheduling of the related accommodation(s) and/or service(s); due to the reasons beyond its control, due to the preferences and/or performance of the client(s) and/or guest(s), and/or due to any other reasons thereof. The client(s) and guest(s) may or may not adhere to a suggested itinerary.

A suggested itinerary may comprise of certain extra accommodation(s) and/or service(s) that are suggested but are not included in the cost of the proposed and/or reserved accommodation(s) and/or service(s). The information imparted on such extra accommodation(s) and/or service(s) is an invitation to do business and not an offer; and such accommodation(s) and/or service(s) are merely suggested and not endorsed. All the rates therein are purely indicative, may vary or may not be applicable for specific dates or periods, may be changed at any point of time without notice, and are subject to final confirmation. Any government taxes may be charged additionally. All such extra accommodation(s) and/or service(s) are subject to availability and confirmations. Earthsong reserves the right to refuse any request for extra accommodation(s) and/or service(s) without assigning any reason. The client(s) and/or guest(s) will be liable to make additional payments, as per the payment terms stated in the Proposal and/or Confirmation, towards any such extra accommodation(s) and/or service(s) ordered and/or availed by them. The client(s) and guest(s) are advised to update themselves on the specific inclusions.

Provider/Tour/Package Specific Policies
Specific to the Proposals and/or reservations made for an accommodation and/or service provider included in this website; the provider specific terms and policies, if any, stated on its sub-site will be additionally applicable and/or will supersede the corresponding terms and policies stated here in case of any discrepancy. In case the Proposals and/or reservations are made concurrently for more than one accommodation and/or service provider, such provider specific terms and policies will pertain individually to each of the providers.

Specific to the Proposals and/or reservations made for a tour/package included in this website; the tour/package specific terms and policies, if any, stated on its sub-site will be additionally applicable and/or will supersede the corresponding terms and policies stated here in case of any discrepancy. In case the Proposals and/or reservations are made concurrently for more than one tour/package, such provider specific terms and policies will pertain individually to each of the tours/packages.

Additional Providers/Tours/Packages
Earthsong may also facilitate reservations for the accommodation and/or service provider(s) and/or the tour(s)/package(s) which are not included in this website. The Proposal and/or Confirmation solely guide any such reservations. However, the terms and policies stated here remain applicable for the Proposals and/or reservations made for any provider(s) and/or any tour(s)/package(s), irrespective of whether or not they are included in this website. Nevertheless, the clauses specifically pertaining to the provider(s) and/or the tour(s)/package(s) included in this website will not be relevant for the ones that are not included.

Precedence of ‘Proposal’ and/or ‘Confirmation’
Specific to the Proposal and/or Confirmation; the terms and policies, if any, stated therein will be additionally applicable and/or will supersede the corresponding terms and policies stated anywhere on this website in case of any discrepancy.

Furthermore, specific to the Proposal and/or Confirmation; the details on accommodation(s) and/or service(s), their plans, their costs and value, the payment terms, and/or any other details given therein will supersede the corresponding details provided on this website and/or elsewhere in case of any discrepancy and/or will otherwise take precedence.

Applicable Law and Jurisdiction
The terms and policies stated herein are intended to be as broad and inclusive as permitted by law, and that if any portion(s) of these terms and policies are held to be illegal, invalid and/or otherwise unenforceable, such portion(s) will not be deemed as part of these terms and policies and the balance, notwithstanding, shall continue in full force and effect, and that any ambiguities in the terms and policies stated herein will not be construed against any party by virtue of that party having drafted them.

Earthsong operates from Delhi (India), and this website is created, managed, maintained and controlled in Delhi (India); and as such the laws and jurisdiction of Delhi (India) courts govern the use of and/or inability to use this website, and/or all the transactions made by/with Earthsong.

All disputes are strictly subject to Delhi (India) Jurisdiction.

Website and Policy Changes
Earthsong reserves the right, at its sole and absolute discretion, to make any changes to the terms and policies stated herein (that may include additions, alterations and/or removal of any of the terms and policies or any portion thereof) at any point of time without notice and such changes will become effective immediately. The user(s), client(s) and guest(s) must check these terms and policies each time they use this website and/or they make any transactions with Earthsong, as their continued use of this website and/or transactions with Earthsong following the posting of changes will mean their implicit understanding and acceptance of such changes. The user(s), client(s) and guest(s) are advised to retain a copy of these terms and policies for their records, as usage of this website and/or all the transactions made by/with Earthsong will be conditioned upon the terms and policies in force at the time of such usage and/or transactions.

Earthsong also reserves the right, at its sole and absolute discretion, to make any changes to this website (that may include additions, alterations and/or removal of any of the information, content, materials, pictures, services and/or products) at any point of time without notice and without any liability.

Contact

info@EarthsongHotels.com

+91 99110 95698
+91 98110 95698

The Calippic Worldwide
T-5, Vardan Complex, Third Floor, 17A/38-39,
WEA, Ajmal Khan Road, Karol Bagh,
New Delhi-110005, India

PAN : ABOPS0481Q
GSTIN : 07ABOPS0481Q1ZT