Terms of Website Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. INTRODUCTION
This web site and the related web sites contained herein (collectively, the “Site” or referred to herein as “our site” ) make available information on hotels, resorts, and other transient stay facilities (each a “Property” ) owned and managed by the Wetzlar Resorts & Hotels Pvt. Ltd. and/or its subsidiaries and affiliates (collectively, “PANSUN GROUP”), and other travel-related or consumer goods and services. The Site, and the services of each of its modules, is offered exclusively by Wetzlar and/or its various third party providers and distributors.
2. TERMS OF WEBSITE USE
2.1. These terms of use (together with the documents referred to in it are, collectively, the “Terms of Use”) constitute the terms and conditions pursuant to which you may make use of the website www.thewetzlar.com. The terms and conditions set out below apply to your use of the Site including the use of the information services offered on the Site.
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, you shall be deemed to have agreed to each and all the Conditions and notices in this Site without modification. Further, you agree to be bound by these Conditions and you warrant that you possess the legal authority to agree to these Terms of Use and use our site; so please carefully read this section before proceeding. We recommend that you print a copy of these terms for future reference.
If you do not agree to these Terms of Use or do not possess the appropriate legal authority, you must not use our site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
All information provided by you in connection with your use of our site shall be true and accurate and may be relied upon by us as such.
2.2. Changes to these Terms
We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we may have made, as they are binding on you without any additional notification from us.
3. SITE
The Site makes available information relating to hotels and resorts owned or managed by the Wetzlar Resorts & Hotels Pvt. Ltd. , a company constituted under the laws of India, and its subsidiaries, controlled entities, affiliates and related parties belonging to WETZLAR RESORTS & HOTELS or being operated or managed by PANSUN GROUP.
4. INFORMATION ABOUT WEBSITE
Our site is operated by Corptech Trading LLC, registered in UAE. And all their activities on our site www.thewetzlar.com is monitored and governed by Wetzlar Resorts & Hotels Pvt. Ltd. at the main trading address : Prasad Road, East Kadathy, Market P.O., Muvattupuzha – 686673, Ernakulam Dist., Kerala, India.
5. ACCESSING OUR SITE
Our site is made available free of charge. However, if you access our site through a mobile device, your mobile service provider may apply additional charges. We do not guarantee that our site will operate continuously or without interruption or be error free. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and that they comply with them.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Trademarks
The trademarks, trade names, logos, service marks and trade dress displayed on our site (collectively, the “Trademarks”) and other valuable trade and service marks are devices of “Wetzlar Resorts & Hotels” owned by or licensed to WETZLAR RESORTS & HOTELS to distinguish its services and products. Nothing contained on our site should be construed as granting to you or anyone else, by implication or otherwise, any license or right to use any of the Trademarks without our express written permission or the permission of such other party that may own the relevant Trademarks. In addition, you may not utilize framing techniques to frame any Trademarks, content or other proprietary information (including images and text) and you may not use any meta tags or other “hidden text” utilizing our Trademarks or other proprietary information. Without limitation, you must not use any of the said trade or service marks, either alone or in conjunction or combination or variation with other trade and service marks, logos and devices:
• In or as the whole or part of your own trademarks;
• In connection with activities, products or services which are not undertaken or provided by WETZLAR RESORTS & HOTELS;
• In a manner which may be confusing, misleading or deceptive; or
• In a manner that disparages WETZLAR RESORTS & HOTELS or its information, products or services (including the Site).
6.2. Copyright
The Site, including each of its modules, is the copyrighted property of WETZLAR RESORTS & HOTELS and/or its various third party providers and distributors. The information, text, graphics, images, photographs, videos, sounds, links and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by WETZLAR RESORTS & HOTELS or licensed by WETZLAR RESORTS & HOTELS and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of WETZLAR RESORTS & HOTELS.
You must not copy, display, modify, download, reproduce or transfer to a third party any of the content or materials on our site in any way without our prior written permission. Without limitation you may not, without such approval from WETZLAR RESORTS & HOTELS, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. However, unless otherwise stated on our site, you may print and/or download an extract of any page(s) from our site for your personal use provided you: do not modify the printed copies or extracts; do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and ensure that our status (and that of any identified licensors or contributors) as the owners of content on our site is acknowledged. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited. If you breach this provision, your right to use our site will cease immediately and you must, at our option, return or destroy any printed copies or downloaded extracts of our site.
7. CHANGES TO SITE; NO RELIANCE ON INFORMATION
WETZLAR RESORTS & HOTELS strive to ensure that the information is accurate and reliable. You accept that all information provided on the Site or any other material accessed through the Site including via any Linked Web Site (refer Condition 10) is general information and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon Information and the Site or any other material accessed through the Site including via any Linked Web Site.
Although we make reasonable efforts to keep the information on our site current, we are under no obligation to do so. Accordingly, some of the content on our site may be out of date at any given time, and we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. Errors and omissions may occur and therefore, to the extent permitted by law, WETZLAR RESORTS & HOTELS does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose.
In particular WETZLAR RESORTS & HOTELS does not warrant that:
• The Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
• Your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.
WETZLAR RESORTS & HOTELS is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
WETZLAR RESORTS & HOTELS may from time to time update, modify or add to the Information, including these Conditions; also may suspend, withdraw, discontinue or change all or any part of our site without notice and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. We may suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action. Unless otherwise specified to the contrary all new information shall be subject to these Conditions.
8. LIMITATION OF OUR LIABILITY
8.1. In no event shall WETZLAR RESORTS & HOTELS be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
• Your use of the Site or any Linked Web Site; or
• Your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Indian law.
To the extent permitted by law, we exclude all conditions, warranties, representations, guarantees or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: your use of, or inability to use, our site; the failure of our site; the interception of data transmitted to or from our site; or your use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or downloading of any content from it or any website linked to it.
8.2. Liability Disclaimer & Exclusion
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any accommodation or other services to you.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of any such warranty, term or condition, then the liability of WETZLAR RESORTS & HOTELS shall include liability for any breach of such warranty, term or condition but, to the extent permitted by law, the remedy for such breach will be limited as follows:
• If the breach related to services the remedy will be limited to the supply of the services again or payment of the cost of having the services supplied again; and
• If the breach related to products and the products can be repaired the remedy will be limited to repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
If you are dissatisfied with the use of the Site, or any of the products, services, members, suppliers and/ or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.
9. SPECIFIC WARNINGS
9.1. Unauthorized Access, Malpractice and Breach
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
You must not misuse our site by introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or otherwise interferes with or disrupts the proper functioning of our site.
You must ensure that any information which you provide to WETZLAR RESORTS & HOTELS is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of WETZLAR RESORTS & HOTELS or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any WETZLAR RESORTS & HOTELS system, data or information.
By breaching this provision, you may be committing a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.2. Viruses
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, corrupted data, worms, other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, WETZLAR RESORTS & HOTELS does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Linked Web Site.
WETZLAR RESORTS & HOTELS does not guarantee or warrant that our site will be secure or free from bugs or viruses, and that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output. You are responsible for configuring your information technology systems and software in order to access our site. You should use your own virus protection software.
10. LINKED WEBSITES
10.1. Linking to Our Site
You agree not to create a hypertext link from any web site, whether such site is controlled by you or otherwise, to our site without our express written permission.
10.2. Third Party Links and Materials on Our Site
The Site may contain links to other web sites (“Linked Web Sites”). Those links are provided for convenience only. WETZLAR RESORTS & HOTELS provides such links solely as a convenience to you and for information purposes only. WETZLAR RESORTS & HOTELS has not reviewed all of the information on these other websites.
We have no control over the contents of those sites or materials and we do not assume any responsibility for, or make any representation, warranty or guarantee regarding, such sites or materials or any products or services offered or purchased through, or information provided on, such third-party sites or materials. We will not be liable for any loss or damage that may arise from your use of them.
Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by WETZLAR RESORTS & HOTELS of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Web Sites, you do so at your own risk.
You acknowledge and agree that WETZLAR RESORTS & HOTELS does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Web Sites.
11. HOTEL RESERVATIONS
The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservations.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by WETZLAR RESORTS & HOTELS.
Hotel reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party web sites or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
No contract will subsist between you and WETZLAR RESORTS & HOTELS or any of its affiliates in respect of any services or products offered through the Site unless and until WETZLAR RESORTS & HOTELS accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products which may be offered by WETZLAR RESORTS & HOTELS on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. WETZLAR RESORTS & HOTELS reserves the right to obtain validation of your credit card details before providing you with any services or products.
12. COMMENTS AND SUGGESTIONS; UPLOADING CONTENT TO OR POSTING INFORMATION ON OUR SITE; SHARING INFORMATION FROM OUR SITE
12.1. Whenever you provide any comments or suggestions to us with regard to our site or our products or services we shall own all rights related to your comments or suggestions (including, without limitation, intellectual property rights and moral rights) and be entitled to use or implement your comments or suggestions without restriction for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
Any content you upload to our site or information you post on our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content or information for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content uploaded or information posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded or information posted by you or any other user of our site. To the extent applicable, the views expressed by other users on our site do not represent our views or values.
We have the right to monitor, censor, edit, remove or prohibit the uploading of any content or posting of information if, in our opinion, such content or information does not comply with these Terms of Use or is otherwise inappropriate.
12.2. Prohibited Conduct
You agree not to use our site or transmit any information or communications to or through our site in a manner that violates any domestic or international law or is (or is intended to be) fraudulent or abusive. All information or communications transmitted to or through our site must not: contain any defamatory, libelous or obscene material, as determined by us; infringe upon the rights of any third party; or contain or otherwise constitute junk mail, spam, solicitations (commercial or non-commercial) or bulk communications of any kind.
We and our affiliates may cancel or modify any reservation where it appears that you have engaged in fraudulent or inappropriate activity or where it appears that the reservation contains or resulted from a mistake or error.
13. ACCOUNTS AND PASSWORDS
If you register or are registered with our site and are provided with a user name, identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
We have the right to disable any user name, identification code or password, whether chosen by you or allocated by us, at any time and without liability, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or applicable law.
If you know or suspect that anyone other than you has obtained your user security information, you must promptly notify us.
14. TERMINATION OF ACCESS
If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you.
Otherwise access to the Site may be terminated at any time by WETZLAR RESORTS & HOTELS without notice.
The provisions of these Conditions excluding, limiting and disclaiming the liability of WETZLAR RESORTS & HOTELS will nevertheless survive any such termination.
15. COMMUNICATION
With respect to all communications made to WETZLAR RESORTS & HOTELS on or through the Site including, without limitation, feedback, questions, comments and suggestions (the “Communications”): (a) no right of confidentiality shall apply to the Communications and WETZLAR RESORTS & HOTELS shall have no obligation to protect the Communications from disclosure; (b) WETZLAR RESORTS & HOTELS shall be free to reproduce, use, disclose and distribute the Communications to others; and (c) WETZLAR RESORTS & HOTELS shall be free to use any ideas, concepts, know-how or techniques contained in the Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information.
16. GENERAL
WETZLAR RESORTS & HOTELS does not accept any liability for any failure by WETZLAR RESORTS & HOTELS to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If WETZLAR RESORTS & HOTELS waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force. You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
17. OTHER APPLICABLE TERMS
These Terms of Use refer to the following additional terms and conditions, which also apply to your use of our site and are incorporated into these Terms of Use
WETZLAR RESORTS & HOTELS respects the privacy of the users of this Site. Your use of the Site is subject to WETZLAR RESORTS & HOTELS Privacy Policy. Our Privacy Policy, which sets out the terms upon which we process and use any personal data we collect from you, or that you provide to us. If you would like to view the privacy practices please review our Privacy Policy available on the Site. By using our site, you consent to your personal information being processed as set out in our Privacy Policy.
18. GOVERNING & APPLICABLE LAW
18.1. Substantive laws of the Republic of India.
If you are a consumer or a business, please note that these Terms of Use, their subject matter and formation (and any non-contractual disputes or claims), are governed by Law of India.
18.2. Jurisdiction
You and we both agree to that the courts of Kerala in India will have exclusive jurisdiction.
19. ARBITRATION
In the event of any dispute arising out of or in connection with the subject matter of this agreement, parties / guests agree to refer such dispute to arbitration to be conducted under the rules of the London Court of International Arbitration, India (“LCIA India”). Arbitration proceedings shall be conducted before a Sole Arbitrator to be mutually appointed by the parties. If parties are unable to agree on a sole arbitrator, such sole arbitrator shall be appointed as provided for under the LCIA India Rules. Seat of such arbitration shall be in Mumbai and proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding.
20. INDEMNIFICATION & MISCELLANEOUS PROVISIONS
You agree to indemnify and defend and hold us, our parents and our subsidiaries, affiliates and our and their respective directors, officers, employees, agents and contractors harmless from, and promptly reimburse them for, any and all payments of money (including, without limitation, fines, damages, legal fees, expenses and the like) by reason of any claim, demand, tax, penalty or judicial or administrative investigation or proceeding arising from or in relation to your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
If we fail to act with respect to a breach by you or others, such failure does not waive our right to act with respect to subsequent or similar breaches.
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid in a particular jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Use, together with any documents referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements.
21. RETURN TO SITE
To return to the Site, click where indicated. By doing so, you acknowledge that you read, understood and accepted these Conditions.
22. CONTACT US
To contact us, follow this link or you may email to marketing@thewetzlar.com. Thank you for visiting our site.