Terms & Conditions
Updated November 9, 2022
This Website (jayatravel.com) (the “Site”), is owned and operated by jayatravel.com (hereafter “Jaya Travel”, “Jaya Travel & Tours,” “We“, or “Us“).
The following sets forth the terms and conditions under which you may use this Site (collectively the “Terms“). Please read these Terms carefully. If you do not agree to the Terms stated here, please DO NOT use this Site. By using this Site, you are representing and warranting to Jaya Travel that you accept and agree to be bound by these Terms. The term “You” as used in these Terms refers to all individuals and/or entities accessing this Site for any reason. We reserve the right at any time to revise these Terms and as you will be bound by such revisions, please periodically review these Terms.
In order to use this Site and/or the services and products provided through this Site, you have to minimally satisfy the following conditions:
- You must be at least 18 years of age
- You will use this Website in accordance with these Terms
- You have the legal capacity to create a binding legal obligation
- You will only use the services of the Site to make purchases and/or reservations, only if you are authorized to do so both on your behalf and on behalf of third parties
- All information supplied by you is true, accurate, current, and complete
QUALIFICATIONS & IDENTITY
The specific terms and conditions for the services or products purchased may be subject to additional limitations. Booking terms and conditions will vary based on your itinerary. Please see your itinerary for specific details.
You understand that you are financially responsible for all uses of this Site by you.
We reserve the right to deny any user access to this Site without notice.
PRODUCTS AND SUPPLIERS
We offer a variety of travel-related products from various suppliers (“Suppliers”) and service providers (“Service Providers”). Suppliers and Service Providers are hereinafter collectively referred to as (“Provider(s)”). Each Provider has its own terms and conditions that apply to your particular itinerary (in addition to our general terms and conditions) and you should make sure that you familiarize yourself with them. Some of these terms and conditions may limit or exclude the Provider’s liability to you.
Jaya Travel is acting as an intermediary or a “Booking Agent” for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, tours, etc.). We are not a co-vendor of such products and services. You may be entering into a separate contract with such Providers in connection with such products and services. You agree to all fees charged for the products and services requested by you (or anyone using your account and login information), including those additional terms that Providers may require at the time of use (including but not limited to airline baggage fees, airline seat assignment fees, accommodation resort fees, and supplier deposits).
When you book services using Jaya Travel, you authorize us to act as your representative during the process of booking such services from the selected Provider. By doing so, you also authorize us to make a payment for the above-mentioned products and/or services in your name and on your behalf, as required. We shall confirm the booking and process payment directly or through the Provider accordingly, depending on which product you book. The amount you are going to be charged will be displayed before your booking is confirmed by you. We reserve the right to cancel your booking and/or flight at any time if full payment is not received by us in a timely fashion.
Any breach of the terms and conditions of the providers of such products may result in the cancellation of your reservation, booking, the denial of access to the applicable product or travel services, the loss of any funds paid for such reservations, bookings, and/or the debit of your account for any costs we incur as a result of such a breach.
The Site displays, among other things, information about travel locations, airfare, flight times and dates, tours, packages, insurance, cruises, transportation, foreign currency, schedules, and travel companies.
This information is supplied to us by third-party Providers; such are airlines, hotels, and transportation suppliers. We have taken reasonable measures to ensure such information is correct and up to date; however, we cannot guarantee the accuracy of such information and recommend you confirm all information contained on or linked from the Site with the Provider.
The details of the prices, packages, tours, flights and other information displayed on the Site are subject to change without notice. The travel products and services described on the Site are subject to availability.
It should be noted that all documents issued to travelers are non–transferable. Such documents may include but are not limited to, airline tickets, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement with a Provider. Such documents may also be subject to conditions such as but not limited to, being non – refundable, non–date–changeable, and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions.
Once you have completed your booking on our website, you will receive a booking confirmation from Jaya Travel to the email address provided by you. This email serves as proof that you have successfully made a reservation with us and it reflects your passenger(s) details, itinerary details, and summary of charges. Please review this information and contact a Jaya Travel representative immediately if the information shown on the booking confirmation is incorrect. The ability to amend the booking may be limited after 24 hours of purchase.
Voluntary Refunds: Many travel products are non-refundable after purchase. If you request a refund of your booking and the refund is permitted and possible, the refundable amount will be credited back to the original form of payment. Please be advised that the return period depends on Provider policies and your bank’s refund processing policy.
Refunds are subject to any Provider and Jaya Travel service and/or administrative fees which may be deducted from the amount of the refund.
Airline Schedule Changes (Involuntary): The contract you enter into with our Providers may allow them to cancel or amend the booking. As your booking agent, we will use all reasonable efforts to contact you via the details provided by you to ensure that you are promptly notified of any significant changes once we become aware of such changes (if there is time before your departure) but we accept no liability for any changes or costs incurred that may result. Subject to the Provider’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will be available.
If a schedule change or cancellation is made within 24 hours of departure, you may be contacted by the supplier directly if you have provided your contact details. Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise due to such changes.
After you have started your journey, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you check your itinerary on the airline’s website at least 72 hours before the scheduled departure of each flight to do this.
DOMESTIC TRAVEL (WITHIN THE UNITED STATES)
Every air traveler 18 years of age and older will need either a REAL ID-compliant driver’s license, state-issued enhanced driver’s license, or another acceptable form of ID to fly within the United States. Visit https://www.tsa.gov/real-id for more details.
It is solely your responsibility to review and fulfill all passport, visa, immigration, and health requirements applicable to your itinerary. You should confirm which travel documents and inoculations with the relevant airline and embassies and/or consulates, including countries of transit. We do not accept any responsibility in the event you are unable to travel due to not complying with any such requirements.
We recommend that you review travel warnings, announcements, and advisories issued by all relevant governments prior to making your journey.
When you make a booking with Jaya Travel, you will need to provide us with accurate credit or debit card details. By providing us with payment account information, you authorize Jaya Travel and/or our Providers to charge you for the total amount of travel services. If we encounter any issues while processing your payment, we will notify you. We will not be liable for any subsequent price increase as a result of payment failure.
Jaya Travel will not be under any obligation to issue tickets before the payment process has been completed. You will receive your booking confirmation and electronic invoice via email to the address provided by you at the time of your booking. In the event full payment is not received prior to your departure date, we reserve the right to cancel all your bookings.
You are responsible for, and agree to pay, for any and all products and services ordered or reserved through the Site by you or anybody using your account and login information.
You are required to keep your account and login information confidential. In the event you believe your account information has been compromised, you must contact Jaya Travel immediately.
All software, design, textual, graphical (including trademarks), and other content including without limitation HTML code controls contained in the Site, created by or for us, compromised and appearing on the Site and the selection and layout of the Site, are owned or licensed by us and are protected by United States intellectual property laws. We own or license or have the right to use the copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Re-publication or citation of any content generated by the Site without our written consent is expressly prohibited. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Certain trademarks, service marks, business names, company names, logos, trade names, and get-up (trade dress) used on this Site are owned by us, the Providers, or our licensors or third parties. You do not have any right or license to use them.
The dispute resolution methods arising from violations of the Site or this Agreement will be settled on the basis of either binding arbitration to be conducted in Southfield, Michigan, or by court action in the courts of the State of Michigan located in Oakland County, or the Federal District Court for the Eastern District of Michigan. The party initiating the action shall elect one of the two options listed above. In either event, by using this Site, you are voluntarily submitting yourself to the jurisdiction of the United States of America and the State of Michigan. This Agreement and any dispute between you and Jaya Travel shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
The prevailing party of any such action (whether it be arbitration or court action), shall be entitled to recover all of its costs and expenses, including reasonable attorney fees, incurred in bringing or defending such action. For the purposes of this provision the term “prevailing party” shall mean the party that recovers at least fifty (51%) percent of its stated request or is found liable for less than forty-nine (49%) percent of the demand of the opposing party.
CREDIT CARD CHARGEBACKS
You are solely responsible for the verification of any payment information entered on the Site or provided to us. You agree to indemnify us from any loss or damage we incur due to the failure of any method of payment for any reason whatsoever, including but not limited to fraud, stolen cards, insufficient funds, improper verification, etc. In the event of any credit card charge-backs or debit memos, you shall pay us the amount of the charge-back and/or debit memo and any applicable fees, immediately upon your receipt of a copy of the same. If you wish to dispute the charge-back and/or debit memo, with the credit card services, after you have paid Jaya Travel as required above, Jaya Travel shall cooperate with you in raising such a dispute.
SUITABILITY OF TRAVEL PRODUCTS & SERVICES
We do not represent that any travel products and services set out on our Site will be suitable for you. You release us from any claims in relation to the travel products and services described on our Site, including but not limited to claims that the travel products and services are not suitable. We act as an intermediary or as an agent for the products and services related to travel such as air transport, hotel accommodation, meals, travel insurance, etc., and are in no way responsible for the products and services of the Providers.
LIMITATION OF LIABILITY
WE WILL NOT BE RESPONSIBLE OR LIABLE FOR: (I) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE; OR (II) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THE WEBSITE OR ITS CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN; (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR BOOKING); OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE PROVIDERS PROVIDING TRAVEL AND TRAVEL SERVICES FOR JAYA TRAVEL ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF JAYA TRAVEL, OR ITS AFFILIATES. JAYA TRAVEL AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. JAYA TRAVEL AND ITS AFFILIATES HAVE NO LIABILITY AND WILL HAVE NO OBLIGATION TO MAKE ANY REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, PANDEMIC, RESTRICTIVE GOVERNMENTAL LAWS OR ORDERS, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THE PROVIDER AGREES TO SUCH A REFUND, JAYA TRAVEL WILL HONOR THE SAME, LESS A TWENTY (20%) ADMINISTRATIVE FEE.
If despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with your use of the Site, in no case shall our total liability, or that of our Providers, exceed the total costs stipulated in the itinerary that generate such liability. Please note that claims or causes of action arising out of or in connection with your access and use, or the purchase of products and/or services from the Site must be submitted within one hundred eighty (180) days from the date the purchase was completed. The legislation in force may not allow limits or exclusions regarding the liability for such damages, so the aforementioned limitations may not apply in your situation, but shall be applied to the fullest extent permitted by law. Your use of the Site will be at your own risk. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
You agree to indemnify us, our Affiliates, any of our Providers, and any such parties’ officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
MINORS & OTHER GENERAL OBLIGATIONS
You are responsible (financially and otherwise) for all uses of this Site by you and those using this Site using your account and login information. You warrant that the information you supply via the Site will be accurate and not misleading, deceptive, or likely to mislead or deceive. In the event certain products and services are only eligible to minors, you agree to supervise all usage of this Site by such minor and to be legally responsible for all purchases and bookings made under your name or account.
You agree that the travel service reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Site may result in you being denied access to such facilities.
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO “US” “WE” AND “OUR” SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR PROVIDERS OR PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON THE SITE.
WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH AN EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT FEE.
WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON THE SITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT THE SITE, ITS SERVERS, OR ANY EMAIL SENT FROM US OR OUR PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CARRIERS, HOTELS, AND OTHER PROVIDERS PROVIDING TRAVEL OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF JAYA TRAVEL. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, PANDEMIC, RESTRICTIVE GOVERNMENTAL LAWS OR ORDERS, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.
CONTACTING JAYA TRAVEL & TOURS