Terms of Use

TERMS OF USE

Thank you for using H2O Experiences. Please read these Terms of Use carefully which is a legally binding contract between you (“User”, “you”, “your(s)”) and H2O Experiences (“H2O Experiences”, “our”, “us”, “we”). This website https://www.h2oexperiences.com (hereinafter “Website”) is owned and operated by H2O Experience Experiences (hereinafter “the Company”). By accessing or using the Website and/or any related mobile or software applications (collectively the “Sites”), accessing or using the content, information, services, features or resources available or enable through the Sites including but not limited to booking cruise tickets through the Website, delivery of information through the Sites whether existing now or in the future that link to these Terms of Use (collectively with the Sites, the “Services”), however accessed or used, the User: (1) agrees to be bound by these terms of use (“Terms of Use”); (2) represents that the User is of a legal age in User’s jurisdiction of residence to form a binding contract

These Terms of Use affect the User’s legal rights and obligations. Except as otherwise provided herein, if the User does not agree to be bound by these Terms of Use, the User may not access or use the Website or Services.

Please note that these Terms of Use are subject to amendment(s) by H2O Experience in its sole discretion at any time without any prior intimation of the same to the User (“Updated Terms”).

These Terms of Use govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Use. In addition to the clauses below, these Terms of Use include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:

USE OF WEBSITE

H2O Experience grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use this Website in accordance with these Terms of Use. You may use this Website only to make legitimate reservations or purchases of tickets through this Website and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. H2O Experience may change, suspend or discontinue the Website (or any feature thereof) at any time. H2O Experience may also impose limits on certain features and services offered on the Website or restrict your access to parts or all of the Website without notice or liability. You acknowledge that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation:

• equipment malfunctions;
• periodic maintenance procedures or repairs which H2O Experience may undertake from time to time; or
• causes beyond the control of H2O Experience or which are not reasonably foreseeable by H2O Experience.

This Website and the content provided herein, including the text, graphics, button icons, digital downloads may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of H2O Experience, except that you may download, display and print the materials presented on the Website for your personal, non-commercial use only.

RESTRICTION OF USE

You agree not to use the Website to:

• Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
• Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Website;
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including H2O Experience’s servers, networks or accounts;
• Cover, remove, disable, block or obscure advertisements or other portions of the Website;
• Delete or revise any information provided by or pertaining to any other user of the Website;
• Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Website, or to circumvent or modify any security technology or software that is part of the Website;
• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner what so ever including through the website. If you do so, you acknowledge you will have caused substantial harm to H2O Experience, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay H2O Experience Rs 10,000 for each actual or intended recipient of such communication;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Post, upload or otherwise transmit an image or video of another person without that person’s consent;
• Accessing the Website (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Website and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
• Use the Website to advertise or promote competing services;
• Use the Website in a manner inconsistent with any and all applicable Law;
• To unlawfully collude against another person in restraint of trade or competition.
• Attempt, facilitate or encourage others to do any of the foregoing.

FARES AND GENERAL INFORMATION

Fares are based on cruise type and dimensions, length width and height, the number of passengers, cruise route, travel dates and times. Some bookings cannot be made or purchased on some Services without onboard accommodation. Your booking may require you to depart and/or return at or within specified dates and times or impose other conditions. If you do not adhere to such specified dates and times or comply with such conditions, you may be refused travel and/or have your booking specification and accommodation changed, and/or be subject to additional charges payable prior to boarding.

Cruise and passenger space and onboard accommodation are subject to allocation by H2O Experience and therefore may not always be available. Certain fares are subject to additional conditions including a general condition that H2O Experience reserves the right to cancel.

H2O Experience retains the right to vary fares according to market conditions or costs which are beyond our control including, but not limited to, currency fluctuations, oil prices, increases and government legislation.

H2O Experience shall not be liable under any circumstance whatsoever, for the loss of life, or any injury of any kind, arising out of but not limited to an accident, attempted robbery or any unforeseeable natural disaster, during the course of, or pursuant to you using H2O Experience’s Services. Further you are solely responsible for your personal belongings and property, and H2O Experience shall not be held liable in any manner whatsoever for any loss arising out of, but not limited to, theft or damage to your personal property during the course of, or pursuant to you using H2O Experience’s Services. In the event of the above circumstances, H2O Experience shall not be held liable in any manner whatsoever for any claims for compensation for the aforesaid loss.

Further, H2O Experience will not be held liable in any way, in the event you miss the cruise due to any delay in your flight, train, bus or any other mode of commuting, and H2O Experience will not entertain any refund request in this regard.

PAYMENT

For booking cruise tickets through the Website, payment is possible via credit card, debit card, internet banking. H2O Experience is not under any obligation whatsoever to transfer the tickets or other travel documents to the User before the successful completion of the payment procedure. In the event the payment is successfully completed, but the booking, is no longer technically possible, such as for example in the case of a server time out or any other technical error, H2O Experience will refund the User within 3-5 working days, the amount which was paid, without levying any fees of any kind. The Users bank may then withhold the value of the amount from the User, based on their own prescribed procedures. H2O Experience has no control or responsibility concerning banks’ own internal processes in this regard.

CANCELLATIONS

All departure/arrival times are estimated by H2O Experience and are given as local times. You are advised to check with the H2O Experience for any changes prior to commencing your journey. Sailing schedules may be interrupted and/or crossing times extended or cancelled due to adverse weather conditions and/or tidal conditions and/or other circumstances, in the interest of the safety of all our passengers. It may be necessary to use alternative ships or points of departure or arrival on any sailing or to change/withdraw the facilities/services available for various operational, technical or scheduling reasons.

H2O Experience reserves the right to change routes or time schedules, substitute ships/boats and without prior notice to you. If a scheduled stop is substituted or eliminated, H2O Experience will not be responsible for making alternate arrangements for transportation to the originally scheduled stop.

At any time after the commencement of the cruise services, irrespective of whether the ship/boat has deviated from its course, H2O Experience will have the right to terminate its Services if the performance is or will be hindered or prevented by events beyond the control of H2O Experience or if H2O Experience considers that such termination is necessary for the management and/or safety of the ship/boat or persons onboard.

GENERAL BEHAVIOUR AND DECORUM TO BE OBSERVED

On boarding the cruise, you should comply with the instructions of the H2O Experience’s employees and agents concerning all matters connected with the Service and should comply with any notice exhibited on the vessel. H2O Experience reserves the right to refuse to accommodate any passenger or goods without assigning reason.

Further H2O Experience reserves the right to refuse its Services to any person who:

• does not or cannot produce a valid ticket;
• is deemed unruly;
• uses abusive or offensive language;
• is in an unclean state;
• is likely to cause distress or discomfort to other passengers, or crew and staff of H2O Experience;
• has engaged in any unlawful activities affecting either directly or indirectly H2O Experience’s staff or other passengers;
• is contravening or breaching any provision of these Terms of Use;
• fails to follow any safety or operational instructions issued by H2O Experience’s staff and crew; or
• for any other reason whatsoever, where the safety or security of staff, crew or passengers of H2O Experience may be at risk.

H2O Experience and its crew have the right to inspect the contents of any passenger’s luggage or freight for any noxious plant or animal pest. H2O Experience at its sole discretion has the right to refuse its Services to any passenger carrying any noxious plant or animal pest.

Alcohol and Drugs

The carriage of any alcoholic beverages or narcotic substances, by any person who avails of H2O Experience’s Services, is strictly prohibited. H2O Experience reserves the right to refuse admission into the cruise or access to its Service to any individual who it deems, at its sole discretion, to be unfit to travel, including but not limited to any person under the influence of alcohol or drugs or any other narcotic substances. H2O Experience will not be liable for any loss or contingency in this regard.

Animals

The carriage of animals/pets are not permitted without the express written permission of H2O Experience to be given at the time of booking. A charge will be levied for the carriage of any pets, and further conditions may be imposed. The Customer is legally responsible for the animals and wholly responsible for obtaining any necessary documents, consents and permission. H2O Experience will not be liable for any loss or contingency in this regard.

Hazardous Materials and Dangerous Cargo

H2O Experience will not accept bookings carriage of dangerous or hazardous materials, including but not limited to, devices powered by L.P.G., unless a written permission has been obtained from H2O Experience and such permission may be subject to additional charges and conditions. You shall be responsible to H2O Experience for the carriage of such materials, whether declared or undeclared. In the event that you seek to carry undeclared dangerous/hazardous materials, carriage may be refused without refund. Carriage of hazardous or dangerous cargo shall at all times be at your sole risk and the you shall fully indemnify H2O Experience in respect of the consequences of the carriage thereof

THIRD PARTY SERVICES AND CONTENT

The Website contains hyperlinks to external websites owned and operated by third parties. H2O Experience has no responsibility in relation to the accuracy, completeness and quality of the information contained within such third party sites, and you access these sites at your own risk. Any and all contents on such third party sites do not reflect the services or information provided by H2O Experience. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services.

TERM AND TERMINATION

These Terms of Use are effective upon your acceptance and continue in effect until terminated.

Termination by H2O Experience:

H2O Experience may terminate your right to use the Services at any time in the event (a) you violate or breach the terms and conditions set forth in these Terms of Use; (b) you misuse or abuse the Services; or (c) allowing you to access and use the Services, would violate any applicable local, state, national and other laws, rules and regulations or would expose H2O Experience to legal liability. H2O Experience will use reasonable efforts to provide the User notice of any such termination. Further, you agree that H2O Experience shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

Termination by User:

The User may terminate his/her access to the Services and this Website by deleting his/her email or mobile number. For assistance in this regard, please contact us info@h2oexperiences.com In the event there is a separate agreement between the User and H2O Experience governing the use of the Services and that agreement terminates or expires, these Terms of Use (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.

INDEMNIFICATION

You agree to defend, indemnify and hold H2O Experience, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Use, Privacy Policy, Refund Policy, Cancellation Policy (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d), this indemnification shall not apply to the extent that the Claim arises out of H2O Experience’s gross negligence or willful misconduct. H2O Experience shall provide notice to you of any such Claim, provided that the failure or delay by H2O Experience in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

REVIEW OF TRANSMISSIONS.

H2O Experience may, from time to time monitor and review any information transmitted or received through this Website and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that H2O Experience deems inappropriate or in violation of these Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of this Website constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Website, you grant H2O Experience and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. H2O Experience takes no responsibility and assumes no liability for any content posted or submitted by you.

DISCLAIMER OF WARRANTIES.

H2O Experience provides the Services using a commercially reasonable level of skill and care and we try to keep the Website bug-free and safe. However, you use the Services at your own risk. To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. H2O Experience hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. H2O Experience makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. You acknowledge that H2O Experience has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including attendees’, other non-organizers’ and organizers’) content or listings or the ability of any user (including attendees and organizers) to perform or actually complete a transaction and H2O Experience is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services, and H2O Experience has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third parties. Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

LIMITATION OF LIABILITY

To the extent permitted by applicable laws, H2O Experience, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees and any applicable card schemes, shall not be liable under any circumstances, whether in tort, contract, or otherwise, with respect to the Services, or any other subject matter of these Terms of Use, the Privacy policy, Refund Policy, Cancellation Policy, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if H2O Experience has been advised of the possibility of such damages), (b) the cost of procurement of substitute services, (c) any of your content (as defined in the terms of use) or any content of any other user of the services, or (d) any matters beyond H2O Experience’s reasonable control. The maximum aggregate liability of H2O Experience, its affiliates, payment processing partners and licensors for all damages, losses, liabilities, costs and expenses under any legal theory, whether in tort, contract, or otherwise, with respect to, arising out of or related to the Services, or any other subject matter of these Terms of Use, the Privacy policy, Refund Policy, Cancellation Policy, shall be limited to either:

(1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, Rs 5000

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of the terms and conditions set forth in these Terms of Use will cause such damage to H2O Experience as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that H2O Experience shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms of Use by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by H2O Experience in obtaining such an injunction, including, without limitation, reasonable attorneys fees. You agree that no bond or other security shall be required in connection with such injunction. Further, you agree that under no circumstances whatsoever can you apply for any form of injunctive relief against H2O Experience, from any Court/ Tribunal of competent jurisdiction.

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal

WAIVER

The failure or delay of H2O Experience to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever

JURISDICTION AND DISPUTE RESOLUTION

These Terms of Use shall be subject to and construed in accordance with the laws of India and the User and H2O Experience hereby submit to the non-exclusive jurisdiction of the courts of Mumbai. This provision shall survive the termination of any or all of your transactions with H2O Experience.

In the event of any disputes, differences or controversies between you and H2O Experience, out of or in connection with the provisions of this Terms of Use, or any action taken hereunder, the parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai, Maharashtra, India. The award of such arbitration shall be final and binding upon the User and H2O Experiences.

You and H2O Experience agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of class, consolidated or representative proceeding and may only provide relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

NOTICES

All notices, demands or other communications required or permitted to be given or made under or in connection with these Terms of Use shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to H2O Experience at the following address:

H2O Experiences – Registered Office Address – 1st FLOOR, DOURADO HOUSE, DONA PAULA, PANJI, Goa – 403004. Number – 8380011600

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with H2O Experience, the same must be filed within 2 (two) months after such claim arose; otherwise, your claim is permanently barred.

ENTIRE AGREEMENT

These Terms of Use, including but not limited to the Privacy policy, Refund Policy, Cookie Policy constitute the entire agreement between you and H2O Experience and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and H2O Experience on the subject matter hereof.

ASSIGNMENT

All our rights and obligations under our Terms of Use are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, liquidation, bankruptcy or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner

RELATIONSHIP

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use, except to the extent expressly set forth in TERM AND TERMINATION clause above, of the Terms of Use.

TITLES

Any Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of these Terms of Use by email to savio.mathias@drishtigroup.com