Book Now

Terms and Conditions

These terms form a legally binding agreement between Users (“Users, you, your, yourself”) and “THE HIMALAYAN VIEW COTTAGE” (“we, us, our”). These terms shall govern the use of the website, mobile application, call centers (collectively referred to as “THE HIMALAYAN VIEW COTTAGE Platform”) which enables the User to connect with us in relation to the services offered through THE HIMALAYAN VIEW COTTAGE Platform ("Services").

Please read these terms carefully before accessing, using, obtaining or availing any products or Services by THE HIMALAYAN VIEW COTTAGE. If you do not agree with these Terms of Use you may refrain from using THE HIMALAYAN VIEW COTTAGE Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of THE HIMALAYAN VIEW COTTAGE Platform and Services.

THE HIMALAYAN VIEW COTTAGE reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of “THE HIMALAYAN VIEW COTTAGE”, Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.

Table of Contents:

1. Scope of Services

THE HIMALAYAN VIEW COTTAGE through THE HIMALAYAN VIEW COTTAGE Platform connects Users with third parties to use THE HIMALAYAN VIEW COTTAGE branded properties managed and/or owned by third parties (“Channel Partners”) or THE HIMALAYAN VIEW COTTAGE as the case maybe to help the Users avail the Services.

2. Eligibility to use

You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse THE HIMALAYAN VIEW COTTAGE Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. THE HIMALAYAN VIEW COTTAGE reserves the right to terminate User’s access and refuse to provide User with access to THE HIMALAYAN VIEW COTTAGE Platform if THE HIMALAYAN VIEW COTTAGE discovers that User is under the age of 18 years.

3. THE HIMALAYAN VIEW COTTAGE also allows restricted access to THE HIMALAYAN VIEW COTTAGE Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in THE HIMALAYAN VIEW COTTAGE Platform registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.

4. Term & Termination

In case you wish to discontinue you can at any point opt out of your membership of THE HIMALAYAN VIEW COTTAGE Platform. THE HIMALAYAN VIEW COTTAGE deserves the right to unilaterally terminate your use of THE HIMALAYAN VIEW COTTAGE Platform without notice or any liability for reasons of breach of the terms mentioned herein.

5. Terms specifically applicable to Customer :

Users availing Services and THE HIMALAYAN VIEW COTTAGE Products via THE HIMALAYAN VIEW COTTAGE Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:

A. Reservation or booking of services

The process of booking Services from this THE HIMALAYAN VIEW COTTAGE Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before placing any order on THE HIMALAYAN VIEW COTTAGE Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on THE HIMALAYAN VIEW COTTAGE Platform. THE HIMALAYAN VIEW COTTAGE shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions. That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, THE HIMALAYAN VIEW COTTAGE has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to THE HIMALAYAN VIEW COTTAGE:

a. the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to THE HIMALAYAN VIEW COTTAGE for Services ordered by the User.

b. In the event of detecting any suspicious activity from User’s account, THE HIMALAYAN VIEW COTTAGE reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.

c. In a credit card transaction; you must use your own credit card for which User has full right & authority to validly use such Credit Card for making ONLINE payment to THE HIMALAYAN VIEW COTTAGE. THE HIMALAYAN VIEW COTTAGE shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.

d. While using THE HIMALAYAN VIEW COTTAGE Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.

e. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation.

f. The User agrees and acknowledges that in THE HIMALAYAN VIEW COTTAGE Platform all Services are offered only at the sole discretion of THE HIMALAYAN VIEW COTTAGE.

B. Payment & Usage Fee

Debit & Credit cards are not allowed due to network issue

You hereby agree and understand that you will have to pay the usage fee as mentioned on THE HIMALAYAN VIEW COTTAGE Platform for the concerned Services via the payment mode provided on THE HIMALAYAN VIEW COTTAGE Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, THE HIMALAYAN VIEW COTTAGE will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.

THE HIMALAYAN VIEW COTTAGE uses third party payment providers to receive payments from User. THE HIMALAYAN VIEW COTTAGE is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. THE HIMALAYAN VIEW COTTAGE takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

User making payments for Services provided via THE HIMALAYAN VIEW COTTAGE Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.

C. No Warranty

You are requested to kindly take due care of all their personal valuables and belongings. THE HIMALAYAN VIEW COTTAGE and its employees shall NOT be responsible for ‎any loss, theft or damage to the Guests' personal valuables and belongings.

6. Usage terms

The information, materials, Services available on THE HIMALAYAN VIEW COTTAGE Platform may inadvertently include inaccuracies, typographical errors, or outdated information, THE HIMALAYAN VIEW COTTAGE is not responsible for and shall not be bound to honor typographical or pricing errors on THE HIMALAYAN VIEW COTTAGE Platform. THE HIMALAYAN VIEW COTTAGE reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which THE HIMALAYAN VIEW COTTAGE believes the User has violated applicable laws or these terms, orders that THE HIMALAYAN VIEW COTTAGE believes are harmful to THE HIMALAYAN VIEW COTTAGE or orders that THE HIMALAYAN VIEW COTTAGE believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. THE HIMALAYAN VIEW COTTAGE neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. THE HIMALAYAN VIEW COTTAGE expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.

THE HIMALAYAN VIEW COTTAGE shall not be responsible for the delay or inability to use THE HIMALAYAN VIEW COTTAGE Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through THE HIMALAYAN VIEW COTTAGE Platform, or otherwise arising out of the use of THE HIMALAYAN VIEW COTTAGE Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, THE HIMALAYAN VIEW COTTAGE shall not be held responsible for non-availability of THE HIMALAYAN VIEW COTTAGE Platform during periodic maintenance operations or any unplanned suspension of access to THE HIMALAYAN VIEW COTTAGE Platform that may occur due to technical reasons or for any reason beyond THE HIMALAYAN VIEW COTTAGE’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through THE HIMALAYAN VIEW COTTAGE Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. THE HIMALAYAN VIEW COTTAGE accepts no liability for any errors or omissions, with respect to any information provided to the User.

7. Prohibited Content :

As a pre-condition of use of THE HIMALAYAN VIEW COTTAGE Platform, User warrants to THE HIMALAYAN VIEW COTTAGE that User shall not use this THE HIMALAYAN VIEW COTTAGE Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use THE HIMALAYAN VIEW COTTAGE Platform will terminate immediately upon User's violation of this warranty. THE HIMALAYAN VIEW COTTAGE reserves the right, at its sole discretion, to block/terminate User's access to this THE HIMALAYAN VIEW COTTAGE Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto THE HIMALAYAN VIEW COTTAGE Platform by the User:

The Users are prohibited from engaging in the following activities:

a. Systematically retrieve data or other content from THE HIMALAYAN VIEW COTTAGE Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

b. Make any unauthorized use of THE HIMALAYAN VIEW COTTAGE Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

c. Circumvent, disable, or otherwise interfere with security-related features of THE HIMALAYAN VIEW COTTAGE Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of THE HIMALAYAN VIEW COTTAGE Platform and/or the Content contained therein.

d. Engage in unauthorized framing of or linking to THE HIMALAYAN VIEW COTTAGE Platform.

e. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

f. Make improper use of our support services or submit false reports of abuse or misconduct.

g. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

h. Interfere with, disrupt, or create an undue burden on THE HIMALAYAN VIEW COTTAGE Platform or the networks or services connected to THE HIMALAYAN VIEW COTTAGE Platform.

i. Attempt to impersonate another user or person or use the username of another user.

j. Sell or otherwise transfer your profile.

k. Use any information obtained from THE HIMALAYAN VIEW COTTAGE Platform in order to harass, abuse, or harm another person.

l. Use THE HIMALAYAN VIEW COTTAGE Platform as part of any effort to compete with us or otherwise use THE HIMALAYAN VIEW COTTAGE Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.

m. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of THE HIMALAYAN VIEW COTTAGE Platform.

n. Attempt to bypass any measures of THE HIMALAYAN VIEW COTTAGE Platform designed to prevent or restrict access to THE HIMALAYAN VIEW COTTAGE Platform, or any portion of THE HIMALAYAN VIEW COTTAGE Platform.

o. Copy or adapt THE HIMALAYAN VIEW COTTAGE Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

p. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of THE HIMALAYAN VIEW COTTAGE Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of THE HIMALAYAN VIEW COTTAGE Platform.

q. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.

r. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses THE HIMALAYAN VIEW COTTAGE Platform, or using or launching any unauthorized script or other software.

s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or THE HIMALAYAN VIEW COTTAGE Platform.

t. Use THE HIMALAYAN VIEW COTTAGE Platform in a manner inconsistent with any applicable laws or regulations.

8. Communications

When you use THE HIMALAYAN VIEW COTTAGE Platform, you agree and understand that you are communicating with THE HIMALAYAN VIEW COTTAGE through electronic records and you consent to receive communications via electronic records from THE HIMALAYAN VIEW COTTAGE periodically and as and when required. THE HIMALAYAN VIEW COTTAGE may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that THE HIMALAYAN VIEW COTTAGE shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, THE HIMALAYAN VIEW COTTAGE will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this THE HIMALAYAN VIEW COTTAGE Platform, you agree that THE HIMALAYAN VIEW COTTAGE shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that THE HIMALAYAN VIEW COTTAGE shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you accesses THE HIMALAYAN VIEW COTTAGE Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.

9. Third Party Links

This THE HIMALAYAN VIEW COTTAGE Platform may at THE HIMALAYAN VIEW COTTAGE sole discretion, contain links to THE HIMALAYAN VIEW COTTAGE Platforms owned and maintained by persons or entities other than THE HIMALAYAN VIEW COTTAGE. THE HIMALAYAN VIEW COTTAGE may also provide links to the other sites for purpose of enabling the Customer to make payment to THE HIMALAYAN VIEW COTTAGE. Any of the foregoing links do not constitute an endorsement by THE HIMALAYAN VIEW COTTAGE of any such sites and are provided only as a convenience. THE HIMALAYAN VIEW COTTAGE is not responsible for the content or links displayed on such sites. THE HIMALAYAN VIEW COTTAGE is not responsible for the privacy practices of such sites which THE HIMALAYAN VIEW COTTAGE does not own, manage or control. THE HIMALAYAN VIEW COTTAGE does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this THE HIMALAYAN VIEW COTTAGE Platform may be linked and THE HIMALAYAN VIEW COTTAGE shall not be responsible for any deficiency thereof. THE HIMALAYAN VIEW COTTAGE does not endorse any or all of the materials, Services, and services available on such linked sites, and THE HIMALAYAN VIEW COTTAGE expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.

10. Insurance

Travel Insurance provided as a part of THE HIMALAYAN VIEW COTTAGE's services shall be as per the terms and conditions of the third-party insurance company, Acko General Insurance (hereinafter “Acko”). THE HIMALAYAN VIEW COTTAGE merely acts as a facilitator in connecting the User with Acko. The User shall contact Acko directly for any claims or disputes. THE HIMALAYAN VIEW COTTAGE shall not be held liable in case of partial acceptance or denial of the claims by Acko and THE HIMALAYAN VIEW COTTAGE has no role or liability in claims settlement.It is clarified that a claim raised under the relevant insurance policy would act as a bar against any endorsement in the policy which would include but not be limited to changes relating to extension/curtailment of stay period and addition/deletion of guests covered under the policy.

11. Intellectual Property

THE HIMALAYAN VIEW COTTAGE Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to THE HIMALAYAN VIEW COTTAGE; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “THE HIMALAYAN VIEW COTTAGE ”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit THE HIMALAYAN VIEW COTTAGE in any other way.

The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to THE HIMALAYAN VIEW COTTAGE or THE HIMALAYAN VIEW COTTAGE Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for THE HIMALAYAN VIEW COTTAGE to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this THE HIMALAYAN VIEW COTTAGE Platform and that use of his/her content by THE HIMALAYAN VIEW COTTAGE shall not infringe upon or violate the rights of any third party.

12. Privacy

Please refer the privacy policy which will also govern your use of THE HIMALAYAN VIEW COTTAGE Platform and/or Services which can be accessed here.

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to THE HIMALAYAN VIEW COTTAGE herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold THE HIMALAYAN VIEW COTTAGE harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by THE HIMALAYAN VIEW COTTAGE that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.

14. No warranty

The Services are provided by THE HIMALAYAN VIEW COTTAGE on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, THE HIMALAYAN VIEW COTTAGE makes no warranty that (i) THE HIMALAYAN VIEW COTTAGE Platform or the Services will meet your requirements or your use of THE HIMALAYAN VIEW COTTAGE Platform or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of THE HIMALAYAN VIEW COTTAGE Platform, or Services will be effective, accurate or reliable; (iii) the quality of THE HIMALAYAN VIEW COTTAGE Platform, or Services will meet your expectations; or that (iv) any errors or defects in THE HIMALAYAN VIEW COTTAGE Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from THE HIMALAYAN VIEW COTTAGE or through or from use of THE HIMALAYAN VIEW COTTAGE Platform shall create any warranty not expressly stated in the terms of use. THE HIMALAYAN VIEW COTTAGE shall have no liability to the User for any interruption or delay, to access THE HIMALAYAN VIEW COTTAGE Platform irrespective of the cause.

It is hereby further clarified that THE HIMALAYAN VIEW COTTAGE and Channel Partners are separate and independent entities and THE HIMALAYAN VIEW COTTAGE does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.

The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Mobile Application/ Call Center/ Partners. It is User’s responsibility to check the details of the Accommodations listed on THE HIMALAYAN VIEW COTTAGE Platform at its sole discretion. THE HIMALAYAN VIEW COTTAGE shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall THE HIMALAYAN VIEW COTTAGE be made a party to dispute between User(s) and Channel Partner(s) except in cases of online payments where THE HIMALAYAN VIEW COTTAGE shall be considered the first point of contact. THE HIMALAYAN VIEW COTTAGE will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of THE HIMALAYAN VIEW COTTAGE platform. User can reach out to THE HIMALAYAN VIEW COTTAGE to mediate or resolve any online payment dispute or disagreement between User and Channel Partners.

15. Limitation of Liability

THE HIMALAYAN VIEW COTTAGE shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this THE HIMALAYAN VIEW COTTAGE Platform or any of the information, software, services and related graphics contained within THE HIMALAYAN VIEW COTTAGE Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if THE HIMALAYAN VIEW COTTAGE has been advised of the possibility of damages.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, THE HIMALAYAN VIEW COTTAGE'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING THE HIMALAYAN VIEW COTTAGE SERVICES/ BROWSING THE HIMALAYAN VIEW COTTAGE PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

16. General Provisions

Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through THE HIMALAYAN VIEW COTTAGE Platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto THE HIMALAYAN VIEW COTTAGE Platform, the terms or any transactions entered into on or through THE HIMALAYAN VIEW COTTAGE Platform or the relationship between User and THE HIMALAYAN VIEW COTTAGE shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.

No Waiver :Any failure, delay or forbearance on the part of THE HIMALAYAN VIEW COTTAGE in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by THE HIMALAYAN VIEW COTTAGE of any right, power or privilege preclude any other future exercise or enforcement thereof. Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.