Terms of Use

We are a referral service. Leisure functions by referring travelers to tour agents, travel companies and tour operators, who in term provide full-fledged travel services and assistance. Leisure does not directly operate or sell any Travel Services.

You agree to the terms and conditions of the company as mentioned, by availing the Leisure Services and/or by visiting the site. This contractually bounds you to all the terms and conditions including “Agreement” and “Terms of Use” no matter, weather you are a Leisure Registered member or not. If you are not satisfied by our terms & conditions do not agree to it, we recommend you immediately withdraw from any of the site uses. Leisure reserves the right to bring about changes to the services offered at the site and also to update the terms of use and any other information. We will also be communicating any such update on terms of use through email to all the registered users and also on the site. In addition to that, we will also be indicating the date on which these revisions have been done at the top of the particular page. For updates and new revisions brought about to the terms of use by Leisure, we would suggest regular page visit. We would also like to bring to your notice that the minute these revisions are reflected on the site, they will become immediately effective. Your continual uses of the site even after such revision mean that you are agreeing to the new terms of use.

MEMBER ELIGIBILITY AND ACCOUNTS

We provide our services only to businesses and individuals who are willing to form legally obligatory contracts. You will have to register and create an account at the site to become a “Site Member” and use its services. With this, you will agree to provide us complete, true, and accurate information. You also agree to making updates from time to time, to maintain data integrity, completeness, and accuracy. Leisure will not allow any misleading/incorrect information about your location. We recommend that you keep your ID & Password safely to be able to access the site in the future.

Travel Companies who wish to provide services through Leisure will have to complete the Travel Company registration process. You agree that your account will have to go through Feedback, editorial, and verification, by completing the registration process and becoming a member.

SCOPE OF SERVICES

Leisure"s scope of service is defined by the transactions taking place between a) Travelers who are members of the site and can provide information about the exclusive services provided by the Travel Company that other travelers may be interested in availing. b) The members who provide travel services and are Travel Companies. Leisure defines Travel Company Services as the services that are offered to the travelers on the site, which also includes sample trip offerings and a Traveler"s Trip Request.

At the time when Travel Company is submitting “a Trip Plan “ to a traveler it is obliged to provide an estimate of the cost involved and other Terms of Work (the payment terms, cancellation policy, and payment methods) in addition to the type of travel Services that the company is providing.

Leisure will Accelerate:

  • (a) The travelers scope to source and find Travel Companies by engaging with them directly and by posting their Trip Request.
  • (b) Traveler scope to inquire about the Travel Companies and avail their Services.
  • (c) c. Travel Companies scope to advertise their services, offer their services directly to the travelers, and bid on Trip Requests.
  • (d) d. The scope of Traveler’s payment information & payment receipt information for the Travel Company.

ELECTRONIC COMMUNICATIONS

You allow Leisure to carry out electronic communications by using its services. These forms of Leisure's electronic communications may be regarding transaction information, any service related information from Travel Company, applicable charges, and Leisure Service information. These electronic communications are there to build a healthy relationship between you and Leisure and these will be a part of your subscription to its Services. You agree to our legal communication requirements by subscribing to our electronic communication.

USER OBLIGATIONS

You agree to:

  • (a) Adhere to the Leisure Policies, procedures & processes, and Terms of Use that has been mentioned on the site.
  • (b) Hold the financial responsibility for the Leisure site or service uses and also that of the delivery and purchase of the Travel Company Services.
  • (c) Fulfill the obligations and complete transactions of any sort as mentioned in the terms of your Trip. It may include the business terms with the Travel Company or traveler, your proposal, or bid, as applicable, unless any such transactions are prohibited by the terms of use, law, and Leisure Policies.

After sending a purchase confirmation to a proposal, or confirming to purchase a Travel Company Service, you are agreeing to buy their services if you are a traveler. And, to provide services if you are a Travel Company in accordance with the terms of use as agreed by the parties concerned or Travel Company or Traveler.

If the Travel Company service charges increase as initially mentioned, on the date of acceptance and the billing gets increased accordingly then you can send an email to support@leisure.com. The subject line for the same should be “Increased Travel Company Services Scope" reporting the increased amount to the Leisure Billing Department. You also agree to understand that the Travel Service Company commission is going to increase accordingly.

OTHER AGREEMENTS

Uses of the site shall be in accordance with this Agreement and the policies as defined by Leisure Travel Company Agreement, Traveler Agreement, and Privacy Policy. All of this will together make for the complete Agreement between Leisure and you and it will be subjected to modifications as required. This complete agreement will be with respect to the use of the services provided on the site and it shall be conditioned on your acceptance.

CONTRACTS BETWEEN TRAVEL COMPANIES AND TRAVELERS

You agree (Traveler) to finish your Trip Plan purchase only through the purchase confirmation page of Leisure. You agree to inform us about any communication from the Travel Company, that you have bought any Travel services without informing Leisure.

You agree (Travel Company), to complete the transaction and generate & send receipt for the same using the Leisure System. This will be applicable in the case of all Leisure-originated business whether it's a follow-on, repeat, or first-time.

CONTRACTS BETWEEN TRAVELERS AND TRAVEL COMPANIES

You are agreeing and acknowledging with member registration that your contract is directly with other site members to buy/sell Travel Company Services. Once an agreement or a bid is accepted, the Travel Company agrees to cater to Travelers. This will be in accordance with the final agreement, the terms of the final bid, and any other terms and conditions as accepted by Travelers and Travel Company. Leisure does not hold any contract for Travel Company services (including Sample Trips and Trip Plans) purchase or sale. All obligations and rights related to the purchase and sale of any Services are entirely between Travelers and Travel companies. Every member shall be holding the responsibility for the performance and enforcement its obligations and rights for purchasing and selling Travel Company Services.

Leisure does not get involved in the contract between Travelers and Travel Companies or also in the delivery of its services to the travelers. Leisure does not hold responsibility for the legality, safety, and quality of the services provided by the Travel Companies. Travelers and Travel Company will be responsible to each other for performance and enforcement of the obligations and rights related to the transactions taking place (with each other) on the site.

THIRD PARTY CONTENT

A variety of content is made available to the members of the site by Leisure. The content and services are from third parties, including, without limitation, "Verification Service Providers" and a Travel Company directory that has bulk information from third parties and also from Travel Companies themselves (collectively, "Third Party Content"). Leisure does not hold any editorial right to this Third-Party Content. Leisure neither monitors this Third-Party Content nor does it hold responsibility for its reliability and accuracy. Leisure does not hold responsibility for content in any form including opinions, statements, advice, and offers provided by Third Parties (may include Verification Service Provider, Members, and information providers).

Leisure is neither responsible nor endorses the reliability and accuracy of any piece of content from Third party. Leisure does not hold the responsibility to verify or confirm whether a Travel Company claiming to have the qualification to cater to professional services is licensed to provide the services.

LINKS TO THIRD PARTY SITES

Leisure may have links to certain third party resources and sites (“Third Party Sites”). By visiting the site, you are agreeing that Leisure is not liable for:

  • a) The accuracy of these Third Party Sites.
  • b) The advertising, content or advertising available on these Third Party Sites. Any link provided on the site does not mean that we are endorsing those links. You will be using these Third Party Links at your own risk.

SUBMISSIONS

You agree to own the responsibility of any data that you publish on the site. This data could include, without limitation, feedback, Trip Plans, Trip Requests, photos, itineraries, emails, and any such information submission. You, and not Leisure will be responsible for the reliability, legality, accuracy of the content you publish. You agree unless otherwise stated in the Privacy Policy of Leisure, any submission that you are making is on non-confidential and non-proprietary basis (posted on the public submission areas on the site). You agree to allow Leisure to use (for any purpose and on an unrestricted basis) any such information on the public posting area. When you are submitting this information, you are allowing Leisure an irrevocable, non-exclusive, royalty-free license for linking to exploit, copy, prepare, and use any derivative work of the submission. None of this information that you are submitting would be considered confidential. Nevertheless, Leisure will use this information according to the Privacy Policy as defined on the site. You (as Traveler) agree not to post, upload, or use any information in any form, on the site that holds copyright protection, any proprietary, or trademark. The onus to pre-defining and checking that the material you are uploading does not hold any such right is on you. Any damage caused from the copyright, proprietary rights, trademarks infringement shall be your responsibility. You warranty that: a) You have the authorization to provide license for this section, and b) the submissions that you are making through or on the site are going to be free from any trademark rights, privacy rights, publicity rights or any other person's rights violation. Herewith, you are agreeing to pay fees, royalties or liability (money) on any person.

WARRANTY DISCLAIMER

The information, materials and services available on the site or through the site, are unaltered, “As is”, without any conditions or warranties, and is as available. Leisure does not make any warranties or representations (either in implications or expressions) related to the reliability, quality, identity, or accuracy of the submission taken place by a third party on the site. There are Jurisdictions and states that impose no limitations on time for which a warranty lasts. Therefore, there could be some limitations that may not be applied to you.

LIMITATION OF LIABILITY

Leisure shall not be liable to any member of the site or to you. This will be applicable in any event, for any indirect, special, punitive, and consequential damages pursuant to the agreement as defined on the site. It will be not limited to, but including, loss of goodwill, profit or opportunities even when the possibility of such damages has been advised. Leisure is not liable to you, in any event, for any claim or any action in relation to the Travel services being provided with respect to this agreement. This will be true even if it's related to negligence, tort, contract or any other theory that is based on liability that exceeds: i) $100 or ii) the accurate service charges (amount) collected from you by us for all those services to which the liability is associated for a period of six months that precedes immediately after the determination of the liability. Some Jurisdictions and states do not include limitation or exclusion of consequential or incidental damages, so these exclusions and limitations may not have any relation to you (in the way you deal with Leisure).

RELEASE

In case, you get into a dispute with another member, Leisure and its associated officials (including directors, employees, joint ventures, agents, and subsidiaries) are not responsible for any claims and damages, consequential or actual, known or unknown, unfolding in any way with relation to the dispute. With this, you waive us from California Civil Code ß1542 or any such law that will be applicable in the jurisdiction. It states that “A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

INDEMNITY

You as traveler agree to hold harmless, indemnify, and defend Leisure from any expenses, costs, liabilities, or damages incurred by Leisure, but brought by a third party: i) Related to the use of services including, without limitation, payments incurred through Leisure or ii) the one, which is the consequence of a) use of the site by you b) providing your credit details on your discretion through the site that may include any of your financial information c) accepting and submitting posts and agreeing to any offers as presented by other members d) any fault and breach of agreement by the members, in case of you accepting any business from them through the site e) you, not maintaining the provision of this Agreement f) any liability that may have seeded from tax payment treatment g) any wrong approach by a member h) any breach related to the payment to the Travel Companies by you i) your inability to pay off any invoices or the disputes arising thereof and/or j) your commitments to the Travel Company.

We shall indemnify in any such cases after: a) receiving notification in writing of demand, action, loss, liability, claim, or threat of any kind thereof b) cooperate in settlements thereof and c) permitting you to control these settlements and defense. Leisure shall have the right to have its own counsel at its own cost and participate in any such defense. We are free to report any unethical activities or wrongdoings after we identify the same.

INTELLECTUAL PROPERTY

License and Site Access

Reservation of Rights; Limited Licenses

Leisure along with its licensors keep possession of the interest, title, and the rights and also to all inventions, know-how, copyrights, trade secrets, and patent rights that have any relation to the site. The name and logo of Leisure are its trademarks and they may hold registration in some of the jurisdictions. However, other company names, logos, symbols, product names, and marks are their respective owners' trademarks. Unless explicitly mentioned, no section of Leisure's Terms of Use grants license Leisure's intellectual property rights to any third party.

Dispute Resolution Between Leisure & a Member

In case of any dispute between Leisure and you, we’ll be responsible to resolve it cost-effectively and quickly. Both the parties agree that there will be resolution of the controversy or claim at law. However, before moving ahead with this form of resolution process you (as a Traveler) agree to first contact the customer service for help in that regards.

Law and Forum for Disputes

The laws of California State, as applied to the agreements, shall be governing this agreement. Any dispute settlement shall be performed within California and between the residents of California without the conflict of law provisions. You agree that any dispute or claim that has been registered against Leisure shall be resolved within the court of California unless otherwise agreed by both the parties or as explained in the Arbitration Option. You agree to reach to the personal jurisdiction of the court within California for litigation of all such disputes or claims. Any cause of action shall commence within 30 days that should be with respect to the Leisure’s Terms of Use, in the other case the cause of action shall be waived.

Arbitration Option

The laws of California State, as applied to the agreements, shall be governing this agreement. Any dispute settlement shall be performed within California and between the residents of California without the conflict of law provisions. You agree that any dispute or claim that has been registered against Leisure shall be resolved within the court of California. This is applicable unless otherwise agreed by both the parties or as explained in the Arbitration Option. You agree to reach to the personal jurisdiction of the court within California for litigation of all such disputes or claims. Any cause of action shall commence within 30 days that should be with respect to the Leisure Terms of Use, in the other case the cause of action shall be waived.

Improperly Filed Claims

Leisure reserves the right to reclaim attorney's costs and fees up to $2,000. This will be applicable, in case, Leisure has sent prior notifications relating to the improperly filed claims and the concerned party has failed to withdraw the claim promptly.

Instructions with Regard to membership Cancellation

You can cancel your Leisure membership, if you are a Travel company, by sending an email with subject line as “Cancel my Travel Company Membership" at support@leisure.com. It is mandatory to include your Full Name, Contact number, leisure username, and reason why you want to cancel your membership. The cancellation of your request will not be initiated unless the team is updated with the information as mentioned above. In case we receive the same, your cancellation request will be completed by the next business day. Leisure will be sending an email regarding the cancellation of your membership. Once the same is confirmed, you will not be able to view your profile or submit any Trip Plans through Leisure.

Account Suspension

Leisure reserves the right to cancel/suspend your account, if it finds any violation or inconsistency with Leisure Policies and the Terms of Use. This is also applicable, in case, you have violated the rights of the company and that of another party. In that case, we can immediately terminate your membership and stop rendering you any services. This will be applicable in case: i) you have violated or acted against any of the Leisure Policies and Terms of Use and any other policies published on Leisure. ii) We fail to verify the information as provided by you iii) we notice an action which can result in legal liability for you, Leisure, and its users. Once we have suspended your account and membership, you may not be able to register with a new account and new username. Also,, you may not be able to use our services thereafter. Any violation of Leisure Policies and Terms of Use may be prosecuted, and result in sanctions and penalties. Leisure at its sole discretion may terminate any Trip Request, User, Trip Plan, and refuse to approve membership or registration in the future. You will be notified from Leisure, in case we have cancelled your membership unless otherwise this notice from our side causes any further damages or violation. In that case, we'll notify you that the account will be canceled. After the completion of the cancellation process, you may not be able to access your messages, files, and data related to your account on the site.

DISCLOSURES

Leisure Inc. provides electronic commercial service. Site Members (Travelers & Travel companies) get prior notification in advance, for any service charges that may be applicable. You may contact the Department of Consumer Affairs, Complaint Assistance Unit of the Division of Consumer Service located in California. You can write to them at 1625 N. Market Blvd., Sacramento, CA 95834 or reach to them via phone (1-800-952-5210 for people in California and 1-916-445-1254 for callers outside California). Once a request is sent, you will be receiving an agreement through email. Leisure welcomes any complaints related to any service it is rendering. You may reach Leisure at support@leisure.com.

GENERAL

The Terms of Agreement and documents reference mentioned will be considered effective once you start using the site or upon your acceptance. The same will continue until Leisure terminates services for you and cancels your membership (as mentioned in the terms of this agreement). Any registration or the Terms of Use will not be considered a way of nurturing any relationship of any form between Leisure and you unless otherwise explicitly stated. These terms will be governed by the U.S. federal law and California law. The state and federal courts in California will be hearing any dispute or claim related to the stated Terms as above. The inconsistency in any of the Terms will be scrutinized to interpret the intentions of the parties involved. There will not be any modifications in any of these Terms as stated. You should not consider the failure of Leisure to implement any of these Terms, as a Waiver of these Terms. You will hold the liability to maintain compliance with local laws that may be applied while using the site. Certain countries and person might not hold legal rights to have access to the contents of this site. You do not hold the right to assign, delegate or transfer your obligations or rights as stated under the Terms of Use without written permission from Leisure. This Agreement stating Terms of Use and all other documents referenced make for a complete agreement between you and Leisure. This Agreement ousts any prior agreements or inconsistent or contradictory terms stated in any other site linked to Leisure.


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