Harmain Booking Terms of Use Agreement

Version 1 Effective as of February 2024

Welcome to the Harmain Booking Terms of Use Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which you may access and use the Harmain Booking services. By engaging with these services, you signify your agreement to these Terms, including all referenced policies contained herein.

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ACCOUNT REGISTRATION AND SECURITY

1.1 To access certain features of the Platform, you may need to register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Harmain reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. 2.2 You are responsible for safeguarding your password and any other credentials used to access your Harmain account. You, and not Harmain, are responsible for any activity occurring in your account (other than activities that Harmain is directly responsible for which are not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Harmain immediately. Accounts may not be shared and may only be used by one individual per account.

1.     BOOKINGS AND PAYMENTS 3.1 When you book a Travel Product through the Harmain Platform, you are entering into a direct (legally binding) contractual relationship with the Travel Supplier with whom you book. We act solely as an intermediary between you and the Travel Supplier, transmitting the details of your reservation to the relevant Travel Supplier(s) and sending you a confirmation email for and on behalf of the Travel Supplier. 3.2 All Travel Products listed on the Platform are subject to availability. The terms and conditions of the Travel Suppliers, including for cancellations and refunds, will apply to your booking so you must agree to, and understand those terms and conditions prior to making your booking. 3.3 Payment for all bookings must be made in full at the time of booking, unless otherwise specified. You agree to pay any fees or charges incurred in connection with your bookings at the rates in effect when such charges are incurred. 3.4 Harmain reserves the right to modify, cancel or refuse any bookings made based on incorrect pricing or availability information.

2.     CANCELLATIONS AND REFUNDS 4.1 The cancellation and refund policy of the Travel Supplier will apply to your booking. Before making a reservation, it is your responsibility to check the reservation details and the Travel Supplier’s policy. 4.2 Refunds, if applicable, will be processed by the Travel Supplier according to their own policies and procedures. Harmain is not responsible for the administration of or any delays in the processing of refunds.

3.     COPYRIGHT AND TRADEMARK 5.1 The content, including but not limited to text, graphics, images, logos, software, and other material provided on the Harmain Platform, is the property of Harmain or its content suppliers and is protected by international copyright and trademark laws. 5.2 You are granted a limited license to access and make personal use of the Harmain Platform and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Harmain.

4.     LIMITATION OF LIABILITY 6.1 In no event will Harmain, its affiliates, officers, directors, employees, agents, or suppliers be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

5.     DISPUTE RESOLUTION AND GOVERNING LAW 7.1 These Terms and any dispute arising out of your use of the Harmain Platform or services will be governed by and construed in accordance with the laws of the jurisdiction in which the Harmain entity providing the Platform or service to you is based, without giving effect to any principles of conflicts of law. 7.2 Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the arbitration rules of the jurisdiction in which the Harmain entity providing the Platform or service to you is based. The number of arbitrators shall be one; the seat, or legal place, of arbitration shall be the principal place of business of the Harmain entity involved; and the arbitration proceedings shall be conducted in English.

6.     GENERAL 8.1 These Terms constitute the entire agreement between you and Harmain regarding the use of the Harmain Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 8.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 8.3 Harmain's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

2.    MANAGING YOUR ACCOUNT

2.1 Creating and using a Harmain Account involves registering and keeping your user details up to date. You must provide accurate, current, and complete information during registration. Choose a username that doesn't impersonate someone else or infringe on another's trademarks without proper authorization.

2.2 You're responsible for the secrecy of your Harmain Account details, including the password, and for all activities that occur under your account, including any expenses incurred. Harmain will treat anyone accessing our services through your account details as authorized by you, without further verification. However, Harmain reserves the right to not act on or to verify any instructions received through your account at our discretion. Promptly inform us about any unauthorized account use or security breaches.

2.3 Harmain isn't liable for losses caused by your failure to secure your account. We may, at our discretion, refuse or terminate account registration without notice or liability.

2.4 We may also restrict or block access to our Platform, with or without a Harmain Account, at our discretion. If blocked, do not attempt to access our Platform under any other identity.

 

3.    CONTENT AND PLATFORM AVAILABILITY

3.1 The authenticity, accuracy, or completeness of content on our platform, including that from other users or travel suppliers, isn't guaranteed. Prices are subject to change until a booking is confirmed. We rely on travel suppliers for product information, which we cannot guarantee for accuracy or alteration by third parties.

3.2 Accessing content on our platform is at your own risk. Harmain is not liable for any damages or losses resulting from content exposure. We can't guarantee uninterrupted platform availability and won't be liable for any resulting losses.

3.3 Our platform doesn't endorse any travel product or supplier. We disclaim all warranties regarding the quality or adequacy of listed products or suppliers. Visibility of travel products on our platform may be influenced by paid sponsorships.

 

4.    YOUR CONTENT AND REVIEWS

4.1 You're accountable for the content you post, ensuring it's accurate, non-infringing, and follows our guidelines. Your content should avoid personal information unless it complies with our privacy policy and applicable laws. You grant us rights to use your content for advertising our platform, waiving any moral rights.

4.2 We reserve the right to remove content that breaches our guidelines or poses legal risks. Removals will be communicated unless it compromises legal proceedings or harms other parties.

 

5.    LINKS TO THIRD-PARTY SITES

5.1 Links to third-party sites are for reference only. Harmain isn't responsible for third-party content, privacy, or access policies. Exiting our platform to access third-party sites subjects you to those sites' policies, which we recommend reviewing. We're not liable for any consequences of accessing third-party sites.

5.2 Third parties must seek permission before linking to our platform. Harmain reserves the right to refuse link requests and isn't obligated to link back.

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SECTION B: GENERAL BOOKING AND PAYMENT TERMS

6.     SERVICES PROVIDED BY HARMAIN 6.1 This section outlines the terms related to the booking facilitation services offered by Harmain through its Platform. If these services are provided through a partner platform or by a partner directly, their specific terms and privacy policies apply instead. When booking a Travel Product provided by a partner through our Platform, your booking is essentially a request to reserve a service (e.g., accommodations, flights, or car rentals) at the stated price, subject to the partner’s acceptance. This becomes a contract once the partner confirms your booking, governed by their terms. Confirmation of such bookings will be communicated via email from the partner, and we will forward your payment details to the partner for processing. Partners reserve the right to refuse bookings according to their policies.

 

6.2 Our booking facilitation services are primarily offered by Harmain Company Pte. Ltd., a private limited company based in Singapore, unless stated otherwise.

 

6.3 Harmain does not provide ground transportation services. Such services, when offered, are provided by the Travel Supplier or a partner, not by Harmain. We are not liable for the quality or safety of these services. If your booking includes self-transfers, you are responsible for arranging these, and we are not liable for any issues that may arise. Please check with Customer Service regarding any additional fees for self-transfers and ground transportation.

 

7.                BOOKING PROCESS

7.1 Bookings for Travel Products made through our Platform are transactions between you and the specified Travel Suppliers. Our role is to facilitate these bookings; we do not own, control, or provide the Travel Products. The responsibility for the provision of Travel Products lies with the Travel Suppliers. Interactions with any Travel Supplier via our Platform are at your own risk, and we are not responsible for any issues that may arise during your travel or use of the Travel Product.

 

7.2 To make a booking, you will need a valid payment method.

 

7.3 Submitting a booking request through our Platform constitutes an offer to book the specified Travel Product under these Terms. The supply of the Travel Product and the applicable terms are between you and the Travel Supplier, forming a separate contract once the booking is confirmed by the Travel Supplier and communicated to you via a confirmation email from Harmain. A "thank you page" post-booking submission does not confirm your booking; it only acknowledges receipt of your request by Harmain.

 

7.4 In some instances, a booking confirmation number or voucher may be provided in the confirmation email. We and the Travel Supplier are not liable for lost, stolen, or destroyed booking confirmation numbers or vouchers.

 

7.5 The Travel Supplier may impose additional conditions or restrictions applicable to your booking. You will be informed of these conditions or given access to them during the booking process. It is important to understand and accept all conditions applicable to your booking. If booking for others, ensure they are aware of and agree to these conditions. Non-compliance with the Travel Supplier's conditions may result in booking refusal or cancellation without refunds. For specific queries related to the Travel Supplier’s services or their terms, contact the Travel Supplier directly.

 

7.6 We reserve the right to reject any booking request or cancel any confirmed booking, including on behalf of the Travel Supplier, without explanation. If payment has been made, refunds will be processed according to our Refund Policy, except in cases where:  

7.6.1 There is a breach of these Terms or applicable laws by you;  

7.6.2 The Travel Supplier’s terms do not permit refunds; or  

7.6.3 We determine, at our discretion, that you are not eligible for a refund due to suspected fraud or misuse.

 

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8.                Pricing, Additional Charges, and Taxes

8.1 Currency Selection and Implications

The Platform facilitates bookings with Travel Suppliers globally, catering to an international clientele. As such, it offers flexibility regarding the currency of transactions. Detailed information on pricing, currency options, and related charges is outlined below:

• Definitions:
  • Card Currency: The default currency associated with the payment method used for a booking.
  • Charge Currency: The currency in which a booking is charged, subject to selection.
  • Display Currency: The currency in which prices are shown on the Platform for reference. Selections can be made from various options.
  • Product Currency: The currency in which Travel Suppliers list their prices on Harmain. It is the official currency of the location where the Travel Product is offered, unless specified otherwise by the Travel Supplier or Harmain.
  • Bloomberg Rate: The Bloomberg Generic Composite Rate mid-rate applicable on the date of transaction. Additional relevant definitions are incorporated herein.

Note: The final charge will be in the selected Charge Currency.

• Currency Conversion:
  • Product Price: Listed in the Product Currency and converted to the Display Currency and Charge Currency using the Bloomberg Rate, subject to currency differences.
  • Preliminary Display Price: An initial estimate in the Display Currency for reference, not accounting for potential increases or Bloomberg Rate fluctuations. Always verify the Charge Price after selecting the Charge Currency.
• Currency Selection:
  • Display Currency: Choose from multiple options on the Platform.
  • Charge Currency: If different from the Card Currency, you may select either the Display Currency or Card Currency. The Card Currency is determined by the payment card details provided.

Reminder: Selections may influence the Charge Price due to currency discrepancies.

• Impact of Currency Selection on Charges:
  • Display Currency-Related: An additional 5% may apply to the Charge Price if the Charge Currency differs from the Display Currency, with specific exceptions for US-issued payment cards.
  • Product Currency-Related: For "Pay Later" bookings, if the Charge Currency differs from the Product Currency, the Charge Price will incorporate the Bloomberg Rate plus a 5% adjustment on the Charge Date, with certain exceptions.

In these scenarios, an intermediary currency, typically USD, might be utilized for calculations, with Harmain not responsible for any resultant exchange rate discrepancies.

• Pay at Hotel Bookings: Charges are made directly to the Travel Supplier in the Product Currency or an agreed alternative, with final charges subject to exchange rates and payment provider fees, beyond Harmain's control.
• Payment Instrument Provider's Exchange Rate and Fees: Charges may include additional fees or exchange rate differences determined by your payment provider, over which Harmain has no influence.

8.2 Charges for Taxes and Fees

• General: Display Prices on the Platform typically exclude taxes and service fees unless stated otherwise.
• Booking Facilitation: Charges may include Taxes and Fees reflecting bank, credit card fees, and charges, with variations based on multiple factors. Harmain may retain a portion of these fees.
• Specific Taxes and Fees: These may encompass estimated amounts for taxes paid on behalf of the customer to Travel Suppliers or relevant authorities, including sales, occupancy, departure taxes, and surcharges.
• Jurisdiction-Specific Fees: In certain locations, Taxes and Fees may also include government-imposed service fees.
• Tax Variations: Actual taxes paid may differ from estimated amounts, with Harmain retaining a portion of the fees for its facilitation services.
• Customer Responsibility: Customers are responsible for all taxes, charges, and fees arising from Platform use. Government-imposed taxes added or increased post-booking must be covered by the customer, as agreed in these Terms.
• Tax Collection: Unless required by law or specified, Harmain acts as an intermediary, not directly collecting or remitting taxes, which are typically included in the total booking price and paid over to the authorities or Travel Suppliers as appropriate.
• Partner Platforms: For bookings facilitated through partners, tax and fee calculations are detailed in the partner's terms and conditions.

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8.3 Services Delivered Electronically Harmain may offer you additional services that are either standalone, complementary, or supplementary to the Services and those provided by the Travel Suppliers, referred to as "Electronically Supplied Services" or "ESS." In exchange for these ESS, we may impose a service fee, which will be applicable upon your acceptance of the ESS and in accordance with any specific terms and conditions agreed upon for their provision. It is important to note that any ESS fee charged by Harmain will be in addition to any charges incurred from the Travel Suppliers for their services.

9.     PAYMENT 9.1 Prior to finalizing your Booking Request, you will be informed of the accepted payment methods for that specific booking. Although most bookings require payment in full at the time of booking submission ("Pay Now"), there may be instances where you are given the option to pay Harmain at a later date ("Book Now, Pay Later") or to make payments directly to the Travel Supplier ("Pay at Hotel"). For further details on these payment alternatives, please refer to clause 15. 9.2 By submitting your Booking Request, you authorize Harmain or another entity within the Harmain Group to process the total booking amount using your Payment Instrument. Once Harmain receives payment for Confirmed Bookings, your financial obligation to the Travel Supplier for that amount is considered fulfilled. 9.3 Harmain reserves the right to cancel your booking on behalf of the Travel Supplier, if applicable, in cases where full payment is not received promptly or if there are issues charging your Payment Instrument on the scheduled date for any reason. 9.4 Tax invoices for local taxes may be obtained directly from the Travel Supplier providing you the Travel Product. In jurisdictions where it is mandated by law, Harmain will issue a tax invoice to you. 9.5 Payment failures on our Platform can occur for various reasons. In such instances, Harmain will endeavor to provide alternative solutions (where available) to ensure your booking proceeds or to offer a refund in line with our Refund Policy. Should you have any inquiries, please contact Customer Service.

10. CANCELLATIONS, CHANGES, AND REFUNDS 10.1 To review, adjust, or cancel your reservation, please refer to the instructions in your confirmation email, use our self-service tool, or contact Customer Service. 10.2 The terms applicable to cancellations, changes, refunds, and no-shows for your Confirmed Booking are governed by the relevant booking conditions and the terms set by the Travel Supplier, including any potential additional fees imposed by the Travel Supplier. We advise reading our Refund Policy, the cancellation and no-show policies of the involved Travel Supplier(s), and the booking conditions associated with your chosen reservation carefully. Be aware that certain bookings may not be refundable, cancellable, or changeable. 10.3 In line with clause 10.2, Harmain retains the right to impose cancellation and/or modification fees on behalf of the Travel Supplier, potentially up to the total cost of the reservation, for any cancellations or modifications made by you to a Confirmed Booking. Such fees will be clearly communicated on our Platform.

11. YOUR COMMITMENTS, DECLARATIONS, AND GUARANTEES 11.1 By submitting a Booking Request, you confirm to Harmain that: 11.1.1 you are of legal age (18 years or older or the age of majority in your jurisdiction) and possess the legal capacity to conduct the transaction (or have obtained consent from your legal guardian); 11.1.2 the Payment Instrument used for the booking belongs to you or you are authorized to use it for this purpose, ensuring sufficient funds are available to cover the transaction cost; 11.1.3 all payment information provided for the booking is accurate; 11.1.4 you will not resell any Travel Products acquired through our Platform; 11.1.5 you are not under any international sanctions or restrictions; 11.1.6 you will comply with all applicable laws regarding taxes, withholdings, or other obligations. 11.2 You also commit to providing Harmain with accurate and up-to-date contact information (e-mail, postal, etc.) and acknowledge that Harmain may use this information to contact you if necessary in relation to your booking or use of our Platform.

12. PROMOTIONS 12.1 Harmain occasionally supports promotions, vouchers, discounts, promo codes, and special offers ("Promotions"), including "HarmainCash." Unless explicitly stated otherwise, Promotions cannot be combined with other offers or loyalty programs and are subject to additional terms and conditions, which will be available on our Platform and may be updated by Harmain. Promotions are non-exchangeable, non-refundable, and cannot be converted into cash, credit, or other goods. Certain Promotions may be limited to specific territories or residents of those territories and may exclude specific Travel Products, subject to further terms and conditions. 12.2 If you possess a promo code or voucher that is not automatically applied, it must be entered on the payment page to be applied to your booking. Unless explicitly stated, Promotions do not cover local taxes, service fees, and additional charges associated with your booking. 12.3 Harmain reserves the right to discontinue any Promotion at any time for any reason. In the event of any disputes regarding Promotions, Harmain's decision will be final.

13. FRAUD PREVENTION 13.1 Our platform employs rigorous fraud detection and prevention measures. In certain circumstances, additional information or verification may be required to confirm your booking. Failure to provide the requested information or insufficient information may lead to the cancellation of your Booking Request due to incompleteness, with any charged amounts being refunded. It is possible for a Travel Product to become unavailable during the fraud verification process, resulting in the booking no longer being viable. Harmain is not liable for any issues arising in such scenarios. 13.2 If you suspect that an unauthorized or fraudulent booking has been made using your Payment Instrument through Harmain, it is imperative to contact Customer Service immediately. Additionally, you should inform your bank or the issuer of your Payment Instrument without delay upon noticing any unauthorized usage.

14. TRAVEL ADVISORIES AND VISA REQUIREMENTS 14.1 It is your responsibility to ensure compliance with all legal requirements for entry into a country or territory, including visa and health regulations. As these requirements may change without notice, Harmain advises you to consult travel prohibitions, warnings, announcements, advisories, and the relevant consulates before booking and again prior to departure. It is also your responsibility to ensure adequate insurance coverage, either through your own provider or through Travel Suppliers offering insurance. Harmain is not involved in the insurance process and recommends securing comprehensive travel insurance before departure. 14.2 Harmain's display of Travel Products for specific destinations does not imply endorsement or assurance of safe or advisable travel to those locations. Harmain is not liable for any harm or loss resulting from travel to these destinations. You are strongly encouraged to review your government's travel advisories for any country you plan to visit and take necessary precautions.

Section C: Accommodations

15. Additional Payment Options for Accommodations

15.1 Book Now, Pay Later Option:

• Notwithstanding the stipulations of clause 9.2, when you opt for the "Book Now, Pay Later" choice for Accommodations, the payment for your booking will be due on the specified Charge Date, as detailed in your confirmation email. You hereby authorize Harmain, or another entity within the Harmain Group, to process the charge or debit on your Payment Instrument on the Charge Date.
• You acknowledge and consent to a nominal verification charge or pre-authorization on your Payment Instrument at the time of submitting the Booking Request, with the remainder of the booking amount charged at the designated time for payment by you.

15.2 Pay at Hotel Option:

• Irrespective of clause 8.2, the Display Price for Accommodations where you select the "Pay at Hotel" option may exclude Taxes and Fees. It's imperative to review the booking conditions, your confirmation email or voucher, or to consult the Travel Supplier or our Customer Service team for accurate details.
• In certain scenarios, a Travel Supplier may pre-authorize or charge a deposit on your Payment Instrument, or even process the full booking amount in advance.
• Occasionally, a Travel Supplier might necessitate your Payment Instrument details to secure your booking. In such instances, you permit Harmain to transmit your Payment Instrument details to the Travel Supplier, in alignment with our Privacy Policy.

15.3 Payment in Instalments Option:

• If you select the option to pay your booking amount in instalments, be aware that this service is facilitated by a third-party (the "Instalment Facilitator") and is subject to their additional terms and conditions. You might be redirected to the Instalment Facilitator’s platform to complete your instalment payments and to accept their specific terms and conditions. Fulfillment of the Instalment Facilitator’s criteria is solely at their discretion.
• Failure to adhere to the Instalment Facilitator’s terms could result in consequences as specified by their terms, for which Harmain bears no liability.
• Harmain retains the right to cancel your booking for non-compliance with the Instalment Facilitator’s terms, with the full booking amount becoming your sole responsibility. Furthermore, Harmain is authorized to assign the obligation of your payment to the Instalment Facilitator and/or its factors.

16. Star Ratings

• Star ratings, or equivalent classifications, provided for Accommodations on our platform are derived from information supplied by Travel Suppliers and are intended solely for your informational purposes. Harmain does not independently verify such ratings and does not guarantee their accuracy or consistency with other platforms.

17. Best Price Guarantee Program

• Our commitment is to offer competitive pricing. If you find a lower price online for the exact same Accommodation under identical booking conditions after booking with us, you may submit a claim under our Best Price Guarantee. Upon validation of your claim meeting our Best Price Guarantee criteria, we will adjust the price difference accordingly. This guarantee excludes bookings made through Partner services.

18. Secret Deals

• Bookings made for Accommodations under the "Secret Deals" program will be disclosed in terms of name, location, and contact details only post-confirmation. Such bookings are non-cancellable and non-refundable, in compliance with applicable laws, and are subject to specific arrangements with Travel Suppliers.

19. Fast Track Service

• The "Fast Track Service" ensures priority access to our customer service, applicable upon purchase related to a specific booking. This service prioritizes your access across all customer service communications, based on a first-come-first-served principle among purchasers of this service.

20. Smartflex Service

• The "Smartflex Service" provides enhanced cancellation flexibility, allowing you to cancel your booking within a specified period without incurring fees. This service, available at an additional cost, emphasizes the terms of the Extended Cancellation Policy applicable to your booking.

21. Price Freeze

• The "Price Freeze Services" enable you to freeze the price of a selected Accommodation stay for a defined period, facilitating later booking completion subject to availability and conditions. This service requires adherence to their specific terms and conditions, distinct from those of Harmain

SECTION D: FLIGHTS

22. CHANGES TO FLIGHT BOOKINGS 22.1 When your confirmed booking includes flights, you recognize that flight schedules may be altered or canceled as per the terms set by the Travel Supplier and/or the involved airline(s). Harmain does not hold responsibility for any changes to flight schedules, including delays or cancellations, nor for the Travel Supplier's failure to inform you about these changes. 22.2 Should you need to alter or cancel any flight part of your confirmed booking, be aware that, as stated in clause 10.3, Harmain will apply an additional fee of up to USD 50 (or its equivalent in another currency) per person for each change, unless such fees are forbidden by local laws. This fee is on top of any fees charged by the Travel Suppliers and airlines, serving as part of the compensation for our flight booking services.

23. COMBINED AIRLINE FARES 23.1 We offer fares that might combine one-way and/or return segments from different airlines. In booking these combined flights, it’s possible some segments get confirmed while others can’t be booked or may be altered significantly post-booking. You acknowledge that each flight segment is considered an individual booking. Confirmed segments cannot be modified or canceled without charges, even if other segments on the same trip aren't successfully booked. Flight bookings adhere to varying terms based on travel origin/destination, including policies on changes, cancellations, and refunds for single or multiple segments. Alterations to one segment do not automatically apply to others, potentially incurring individual fees, including Harmain Booking Fees. Evidence of return or onward travel may be required for international flights. A single booking confirmation will be provided if all segments are confirmed. Harmain's fee, part of the service compensation and booking facilitation costs, is calculated for the entire journey at booking time.

24. AIRLINE TICKET TERMS 24.1 You agree to abide by the carrier terms of any airline involved in your confirmed booking, which may cover payment, refunds, cancellation, booking changes, schedules, liability, fare restrictions, and conditions. This includes prohibitions on certain types of bookings and the requirement that flight coupons be used in sequence. Violating airline terms may lead to canceled flights, denied boarding, or lost payments, and you may be charged for resulting costs and penalties. It's crucial to understand the refund, cancellation, and no-show policies of your flight(s), especially if the airline alters or cancels your booking. 24.2 Sometimes, the Platform may list cheaper fares for the same flight, date, and time, but with different restrictions, especially regarding cancellations and refunds. Carefully review these conditions before booking. Different tickets may have varying restrictions or included services. 24.3 Airlines may charge additional fees at the airport for certain services or if you exceed baggage limits, including seat selection and priority boarding. While we provide some details of what your ticket includes, you should check the airline's terms for full information.

25. FLIGHT PRICING 25.1 Note that all flight prices listed on the Platform cover only the flight reservation for the specified flights and number of passengers, unless stated otherwise. Prices are shown per person. Booking and convenience fees may apply to certain bookings, displayed at booking and confirmation as Harmain Booking Fee and Harmain Convenience Fee.

26. CUSTOMER SERVICE PACKAGES FOR FLIGHTS 26.1 We offer three levels of Customer Service Packages for flights - Premium, Plus, and Basic - each providing a different level of support:  26.1.1 Harmain's fees for modifying or canceling flight parts of your booking will be fully waived for Premium and partially for Plus. This is in addition to any Travel Supplier and airline charges, and applies even for non-refundable or non-changeable bookings.  26.1.2 Premium and Plus users receive priority in customer service responses, ensuring quicker assistance based on their tier.  26.1.3 Premium users are contacted by customer service for significant schedule changes, subject to notification by Travel Suppliers.  26.1.4 Premium and Plus users get a promo code for accommodation bookings, valid for one year from the Service Package purchase. 26.2 The Service Package can be purchased at the time of flight booking, with the fee being non-refundable, even if the booking is canceled. However, priority customer service access remains. 26.3 Upon purchasing, Service Package benefits apply only to the related flight booking for a year from the booking date.

SECTION E: DETAILS ON COMBINATION OFFERS

27. TERMS FOR SPECIFIC COMBINATIONS 27.1 In reference to clause 8, the combined cost of any Combination offer, which includes various Travel Products (for instance, Accommodations and Flights) when booked as a package, determines the Display Price. It is acknowledged that this Display Price may vary from the cost of booking each component separately. 27.2 Should the terms of your Combination offer allow for alterations or cancellations to parts of your package and you proceed with such changes, your booking may no longer qualify as a Combination. Consequently, any advantages or savings from booking a Combination may be forfeited. 27.3 As an extension of clause 7.3, for a Booking Request concerning a Combination to lead to a Confirmed Booking, it requires the approval of each Travel Supplier involved. Consequently, a separate agreement is established between you and each Travel Supplier for the specific Travel Product they offer. 27.4 Building on clause 10, if you've booked a Combination involving multiple Travel Products, altering or canceling one component does not automatically apply to the others. You are responsible for any necessary adjustments or cancellations to the remaining Travel Product(s) and will bear any associated costs.

SECTION F: ADDITIONAL HARMAIN INITIATIVES

28. PRICE ALERTS BY HARMAIN 28.1 Harmain introduces the "Price Alerts" feature on our Platform for select Travel Products. This feature allows you to receive notifications about price changes for a specified Travel Product within a set timeframe, through your chosen mode of communication. 28.2 You must manage your Price Alerts preferences. Unless adjusted, Price Alerts will continue despite any bookings made for the alerted Travel Product or others. Opting for Price Alerts does not impact other communication preferences with us. You may opt out of Price Alerts anytime via the provided link in the alert messages. Refer to our Privacy Policy for more details.

29. POINTSMAX PROGRAM 29.1 The "PointsMAX" feature enables collection of points from certain third-party loyalty programs (e.g., airline mileage programs) on eligible Travel Products without additional booking charges. It is your responsibility to correctly input your loyalty program details to earn points. The PointsMAX program adheres to its specific terms and conditions. Harmain is not liable for any issues related to these third-party loyalty programs.

SECTION G: GENERAL CONDITIONS

30. PRIVACY AND DATA PROTECTION 30.1 For information on how we handle your personal data, please review our Privacy Policy, which is incorporated herein by reference. By agreeing to these Terms, you also consent to our data handling practices as outlined in our Privacy Policy.

31. INTELLECTUAL PROPERTY RIGHTS 31.1 Unless specified otherwise, all intellectual property rights in our Platform, including but not limited to copyrights, trademarks, and technology, are owned or licensed by Harmain. You must respect all intellectual property notices and restrictions. Your use of our Platform and/or Services grants you no rights other than those explicitly outlined in these Terms. Harmain's trademarks may not be used without our prior written consent. 31.2 Trademarks and logos of other companies displayed on our Platform are the property of their respective owners and do not imply endorsement by Harmain.

32. COPYRIGHT INFRINGEMENT 32.1 Should you believe any content on our Platform infringes your copyright, you or your representative may submit a notice in line with our Copyright Infringement Policy.

33. INDEMNIFICATION 33.1 You agree to indemnify Harmain and its affiliates against any claims, damages, or expenses resulting from your breach of these Terms, misuse of our Platform or Services, or infringement of third-party rights. This includes legal costs beyond the liability limits specified in clause 34.

34. DISCLAIMERS AND LIABILITY LIMITATIONS 34.1 Harmain provides its Platform, Services, and Content on an "as is" basis without warranties of any kind. We do not guarantee the accuracy of content, uninterrupted service, or the security of our Platform. 34.2 We are not liable for your network provider's charges or for the telecommunication quality affecting your access to our Platform. 34.3 The availability of our Services and Content is subject to change without warranties for accuracy, reliability, or otherwise. 34.4 Our liability for any damages arising from your use of our Platform or Services, or from bookings made through our Platform, is limited to the lower of the total cost of your booking or USD 250, except where prohibited by law. 34.5 We disclaim liability for any inaccuracies on our Platform, disruptions, or damages from third-party services. 34.6 We are not responsible for disputes between you and any Travel Supplier or third party. 34.7 Any liability we have is limited as described, unless such limitations are prohibited by law.

 

35. 35. SHOPPING CART

 

36. 35.1 Platform Booking Options

37. Harmain enables users to search for and request bookings of combined and/or multiple travel services through the Shopping Cart feature on selected travel offerings. It's important to note that not every travel service available on our platform is eligible for combined or multiple bookings. Those that are eligible will be clearly indicated during the booking process.

38. 35.2 Identifying Eligible Travel Products

39. While using the platform, eligible travel products for the Shopping Cart will be clearly marked during your search and/or selection process. Opting for combined or multiple bookings can lead to significant savings compared to the individual pricing of travel services, known as ‘Bundle Savings’, which will be disclosed early in the booking process.

40. 35.3 Additional Terms

41. The specific terms and conditions related to the use of the Shopping Cart complement and work in conjunction with the general terms of use for the respective travel services involved.

42. 35.4 Pricing Variability

43. Please be aware that prices for the same or similar travel services can fluctuate due to various factors, including booking dates and times, included amenities, and specific terms, especially regarding cancellations and refunds. A combined or multiple booking can be finalized in a single session on our platform. However, if not completed, selected travel services are temporarily saved for later completion but are not reserved against other bookings.

44. 35.5 Single Bookings

45. If a combined or multiple booking is not made, the price displayed will reflect the cost of individual travel services.

46. 35.6 Acknowledgement of Terms

47. By making a combined or multiple booking, you acknowledge and accept that each travel service within the booking is subject to its own terms and conditions as though they were booked separately. This includes instances where multiple bookings are made for the same service.

48. 36. EVENTS BEYOND OUR CONTROL

49. We are not liable for any failure to meet our obligations due to events beyond our control, including natural disasters, acts of terrorism, war, labor disputes, governmental actions, and pandemics, among others.

50. 37. MISCELLANEOUS

51. 37.1 Platform Changes

52. Harmain reserves the right to modify, suspend, or discontinue the platform or any part thereof at its discretion. Any confirmed bookings will be honored according to the travel supplier's terms unless otherwise notified.

53. 37.2 Role Clarification

54. Harmain and its entities do not serve as travel agents, except as explicitly stated on our platform.

55. 37.3 Agreement

56. These Terms, including any amendments and referenced documents, constitute the complete agreement between you and Harmain regarding these matters, superseding prior agreements.

57. 37.4 Amendments

58. We may update these Terms at any time, effective upon posting on the platform. It is your responsibility to review these Terms regularly.

59. 37.5 Language Versions

60. While translations are available, the English version of these Terms is authoritative in case of discrepancies.

61. 37.6 Severability

62. Should any part of these Terms be found invalid or unenforceable, the remainder remains in effect as if the invalid portion were removed.

63. 37.7 Third-Party Rights

64. Only Harmain Group entities and no third parties have rights under these Terms, subject to specific legislation.

65. 37.8 Waiver and Rights

66. No waiver of rights by Harmain or delay in enforcement constitutes a waiver of future enforcement.

67. 37.9 Exclusions

68. These Terms do not cover commercial relationships with travel suppliers or marketing partners.

69. 37.10 Governing Law

70. These Terms and any disputes are governed by Singapore law, with exclusive jurisdiction in its courts.

SECTION H: COUNTRY SPECIFIC TERMS

Australia: Consumer Guarantees under Australian Law

38. Consumer Protections in Australia 38.1 Consumers protected by the Australian Consumer Law, detailed in Schedule 2 of the Competition and Consumer Act 2010, possess inalienable rights. These rights cannot be altered, limited, or waived by any agreements with us or our Partners and Travel Suppliers, especially regarding consumer guarantees. More information is available at the Australian Competition and Consumer Commission's website: https://www.accc.gov.au/.

38.2 The provisions of our Terms are to be interpreted in conjunction with, and not above, the consumer protections afforded by the Australian Consumer Law, especially concerning our responsibilities and liabilities.

38.3 In instances where the Australian Consumer Law applies and the purchased goods or services are not typically used for personal, domestic, or household purposes, our liability, along with that of our Partners, for not meeting a consumer guarantee (excluding guarantees under sections 51, 52, or 53), is limited to:    38.3.1 For services: either re-providing the service or covering the cost of having the service provided again; and/or    38.3.2 For goods: either replacing or repairing the goods, covering the cost of replacement or repair, or supplying equivalent goods.

Insurance

38.4 We are not licensed to advise on or arrange financial products, including insurance. However, we can connect you with a licensed insurer through a hyperlink or other referral methods, allowing you to transact directly with them.

38.5 Should you purchase an insurance product following our referral, we may receive a commission from the insurer.

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Arbitration Decision: The arbitrator is authorized to issue declaratory or injunctive relief, on an interim or permanent basis, solely for your individual benefit and to the extent necessary to address your specific claim without impacting other clients or Harmain Account holders. Any temporary measures ordered by the arbitrator may be validated by any court with proper jurisdiction. Additionally, the arbitrator has the discretion to assign the costs of arbitration, administrative fees, and/or the winning party’s reasonable legal fees to the losing party if it is determined that a claim or counterclaim was made with the intent to harass or is clearly unfounded.

It should be noted that these Terms do not restrict your ability to seek public injunctive relief in court, separate from the arbitration, according to these Terms. Any such request will not be seen as conflicting with the agreement to arbitrate or as a forfeiture of the right to arbitrate individual Claims. Both parties concur that any action seeking public injunctive relief will be pursued following the arbitration of all arbitrable Claims, remedies, or causes of action and will be paused pending the arbitration outcome in accordance with section 3 of the Federal Arbitration Act. If you initiate a court lawsuit for public injunctive relief prior to engaging in individual arbitration for damages, you will forfeit your right to seek damages from Harmain.

Exclusions from the Arbitration Agreement: Both parties acknowledge that certain claims and/or relief requests fall outside the scope of the arbitration agreement and will be pursued through judicial proceedings in a court with appropriate jurisdiction, as detailed in this arbitration agreement. These include: (i) any claims involving actual or potential infringement, misappropriation, or violation of intellectual property rights; (ii) any claim seeking urgent injunctive relief due to pressing circumstances (e.g., immediate danger, criminal acts, hacking, cyber-attack); or (iii) requests for public injunctive relief where such remedies are permitted and cannot be waived by law.

In addition, both parties agree that any legal action, whether in arbitration or court, will be conducted solely on an individual basis and not as a class, consolidated, or representative action, with the exception of actions for injunctive relief as previously mentioned. The arbitrator may coordinate multiple arbitration proceedings initiated under this agreement at their discretion to enhance efficiency and consistency in legal decisions. However, this coordination is limited to ongoing arbitrations under this agreement, and the arbitrator cannot oversee any form of class or representative proceeding. All parties maintain their right to an individual hearing.

If a court or arbitrator finds the class action waiver unenforceable in a dispute between you and us, this arbitration agreement will not apply. Opting out of the arbitration agreement as specified also nullifies this class action waiver. No customer, including you, can participate in a class, consolidated, or representative proceeding without adhering to the outlined opt-out process.

Jury Trial Waiver: SHOULD A CLAIM ADVANCE TO COURT RATHER THAN ARBITRATION FOR ANY REASON, BOTH PARTIES FOREGO ANY RIGHT TO A JURY TRIAL.

South Korea Specific Provisions:

Notice to Korean Customers: For transactions made on our Platform using a Korean Payment Instrument, you agree to the specific terms outlined in the ‘Harmain Payments Korea Terms of Use.

This clause 45 (“APK Terms of Use") supplements the Terms in your dealings with APK (defined below) for transactions processed through a Korean Payment Instrument.

Unless otherwise stated in clause 45, matters are governed by the Terms. In case of discrepancy, the APK Terms of Use take precedence.

[The following sections detail the APK Terms of Use, including the purpose, definitions, transaction details confirmation, error correction, APK’s liability, withdrawal of payment transactions, consent for collection and withdrawal, and dispute resolution processes.]

These sections aim to clarify the rights, obligations, and procedures for electronic financial transactions between you and Harmain Payments Korea LLC ("APK"), emphasizing customer service, error correction, liability, and dispute resolution to ensure a transparent and fair transaction process.

SECTION I: OUR OPERATIONAL METHODS

47. ACCOMMODATION RANKINGS AND PAID PROMOTIONS 47.1 The initial order in which accommodations appear is determined by an automatically generated algorithm, which is periodically revised. This algorithm factors in various elements, including but not limited to:

• Availability of rooms
• Special offers and pricing
• Popularity based on past bookings
• Revenue generated for Harmain
• Booking conversion rates
• Number of nights sold
• Booking cancellations
• Quality of the listing's content
• Feedback scores from guests
• Official star ratings 47.2 Providers of accommodation can increase their visibility on our Platform through different programs like the Preferred Partner initiative or by opting for paid placements, ensuring their listings appear prominently in search outcomes. Such placements are clearly identified and accompanied by distinct messages indicating their paid nature.

 

48. DEFINING PRIVATE HOSTS VS. PROFESSIONAL OPERATORS 48.1 Individuals registered as private hosts with Harmain offer their properties not as a business but for non-commercial reasons. Unlike commercial entities (such as hotel chains), they are typically not covered by the same consumer protection laws applicable in the EU or other regions. 48.2 Listings managed by private hosts are labelled as “Managed by a private host”. Conversely, properties overseen by professional operators do not carry additional identifiers.

• 48.2.1 Professional operator: Entities engaging in property rental as part of their primary business activity, including accommodations as a core service or those managed by property management firms.
• 48.2.2 Private host: Individuals offering rental properties not as their principal business but as a supplementary activity or on an occasional basis.

49. GUIDELINES FOR REVIEWS 49.1 Reviews are invited exclusively from guests who have made and not cancelled a reservation through Harmain. 49.2 Every review, whether favourable or unfavourable, is published in its entirety as promptly as possible following moderation, in accordance with our Review Guidelines. For readability, reviews might be summarized or truncated, yet full reviews remain accessible on our Platform. The integrity of the review content is maintained, with clear disclosure of any edits. 49.3 Reviews feature a rating scale from 1 to 10, with guests able to assign ‘sub-scores’ to key aspects like location and cleanliness. The overall score is an average of these sub-scores. Incomplete reviews with missing sub-scores are disregarded. 49.4 We prioritize recent reviews by only accepting submissions within 12 months’ post-checkout and may not display reviews older than 36 months or if the property changes ownership. 49.5 Reviews from other reputable travel sites may be displayed distinctly on our Platform, with clear attribution to their sources. Sponsored reviews are not included. 49.6 Default sorting of reviews considers various factors to ensure relevance, including language, traveller profile, and more. Users have the option to sort reviews by date, rating, etc. 49.7 Any detected fraudulent reviews are removed, and appropriate actions are taken against the perpetrators. 49.8 Harmain serves as a platform for customer and property reviews without taking responsibility for the opinions expressed. We act as an intermediary, not a publisher, of these comments. 49.9 We are committed to ensuring reviews on our Platform are useful, relevant, and authentic, adhering to strict guidelines to maintain this standard.

50. CANCELLATION RIGHTS 50.1 The 14-day EU withdrawal period does not apply to bookings made via our Platform. The terms of cancellation and amendment are subject to the policies of the booked rate.

51. APPLICATION OF ALGORITHMS AND ARTIFICIAL INTELLIGENCE 52.1 In our efforts to enhance and refine our services, we employ algorithm-based tools and machine learning, including predictive tools and AI for content generation. These technologies may interact directly with users, for example, through chatbots. Our deployment of such tools is carefully considered in line with legal requirements, our Privacy Policy, and the extent of human oversight, among other relevant considerations for their use.

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