Terms and Conditions
The terms and conditions set out below (“Conditions”) apply to your use of this website and related web sites (“Site”), including the use of the Content services offered on the Site. The Site, and the services of each of its modules, is offered exclusively by Silmog Garden and/or its various third-party providers and distributors.
In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding. In case of not accepting these Conditions, you must abstain from using the Site. These Conditions must be read in concurrence with any other applicable terms and conditions governing the use of the Site.
The Site makes available Content relating to and resorts owned or managed by Silmog Garden Hotel, a Private Limited Company established under the laws of India, and its subsidiaries, entities, affiliates and related parties (“Silmog Garden ”).
- Trade Marks
The Site contains “Silmog Garden ” service marks and devices (including the word “Silmog Garden ”) and other valuable trade or service marks owned by Silmog Garden or licensed to Silmog Garden , to distinguish its services and products. These trade and service marks and related intellectual property, are protected from copying and simulation under national and international laws and may not be reproduced or copied without the express prior written permission of Silmog Garden .
Without limitation, you must not use any of the said trade or service marks: in or as the whole or part of your own trade marks; in connection with activities, products or services which are not undertaken or provided by Silmog Garden ; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages Silmog Garden or its Content, products or services (including this Site).
The Content, text, graphics, images, sounds, links and all other Content and software published or otherwise contained in the Site (“Content”), are either owned exclusively by Silmog Garden or licensed by Silmog Garden 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 Silmog Garden . Without regulation you may not, without such approval from Silmog Garden , create derivative works from any part of the Site or commercialize any Content, products or services obtained from any part of the Site. Content procured from a third-party may be the subject to copyright.
- Your Use
You may only use this website to make genuine and valid reservations or purchases. Do keep your passwords, login and account information in confidentiality.
The Content may be downloaded/printed/shared by you, solely for that purpose. This right to use the Content is a license only, not a transfer of title, and is subject to the following limitations:
The Content may not be used for any commercial purpose or public display, performance, sale or rental;
No copyright or other copyrighted notices may be removed.
The Content may not be transferred to another person; software may not be interfered with in any manner; every person downloading, reproducing or otherwise using the Content must prevent any unaccredited copying of the Content; you will only use the Content for lawful purposes and in agreement with these Conditions.
You accept that all Content provided on the Site or any other material accessed through the Site including via any Linked Web Site (refer Condition 8) is general Content and is not in the nature of proposal.
You also accept that all of the Content 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 expressed, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Content and the Site or any other material accessed through the Site including via any Linked Website.
Whilst Silmog Garden seeks to ensure that the Content is dependable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Silmog Garden does not make or give any representation or warranty (expressed or implied) of any kind, as to any matter relating to the Site and any Linked Website, including without limitation, as to the salability, non-infringement of intellectual property rights or fitness for purpose.
In particular, Silmog Garden does not guarantee that the Content or any other material accessed through the Site, including via any Linked Website, is reliable, accurate or complete, without limitation, Content relating to prices and availability; or your access to Content or any other material accessed through the Site, including via any Linked Web Site will be uninterrupted, timely or assured.
Silmog Garden is not accountable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Content or any other material accessed through the Site, including via any Linked Website. You should make your own inquiries and seek independent professional advice before acting or relying on any such Content or material.
Silmog Garden may, from time to time update, alter or add to the Content, including these Conditions and reserves the right to make such changes without any indebtedness to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary, all new Content shall be subject to these Conditions.
Silmog Garden does not warrant the Site will operate ceaselessly or without interruption or be error free. In addition, Silmog Garden may also 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.
- Limitation of Liability and Disclaimer
In no event shall Silmog Garden 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 Content or any other material accessed through the Site including via any Linked Web Site; including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of Content.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
- Specific Conditions
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 take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Silmog Garden does not accept responsibility for any intrusion or damage to your own computer system which arises in connection with your use of the Site or any Linked Website.
Silmog Garden does not guarantee or warrant 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 suitable provisions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any Content which you provide to Silmog Garden 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 Silmog Garden or the Content or which may detrimentally interfere with or stealthily impede or divest any Silmog Garden system, data or Content.
- Linked Websites
The Site may contain links to other web sites (“Linked Web Sites”). Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that Silmog Garden 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.
Links with Linked Web Sites should not be misread as an endorsement, approval or recommendation by Silmog Garden or the owners or operators of those Linked Web Sites, or of any Content, 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.
- Reservations and Amendment
The reservations feature of the Site is provided solely to assist customers in deciding the availability of travel related services and products and to make authorized reservations and for no other intent.
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 conformity with such Conditions.
All reservations are subject to availability. Reservations made on this site are considered conditional until a confirmation number is given to the guest to confirm the reservations by email or fax. The Hotel may, from time to time, convey with the guests, to re-confirm the reservations and to prevent any simulated bookings.
The Site contain details of Hotel charges and room rates (including any available special offers) for and resorts owned or managed by Silmog Garden . Hotel reservation terms and conditions of booking are set out on the Site and payment will be in agreement with the procedure set out in such terms and conditions.
You agree to be financially liable for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorised 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 dues under such terms or conditions.
No declaration will exist between you and Silmog Garden or any of its affiliates in respect of any services or products offered through the Site, unless and until Silmog Garden accepts your order by e-mail or automated confirmation through the Site affirming 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.
You undertake that all details you provide to in connection with any services or products which may be offered by Silmog Garden 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. Silmog Garden reserves the right to obtain validation of your credit card details before providing you with any services or products.
- 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 Silmog Garden without notice.
The provisions of these Conditions excluding, limiting and disclaiming the liability of Silmog Garden will withal survive any such termination.
Silmog Garden does not oblige for any failure by Silmog Garden to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If Silmog Garden disregards 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 accountable for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
- Governing Law & Jurisdiction
These Conditions are governed by the laws in force in India and you agree to submit to the sole jurisdiction of the courts within the State of Manali, India.
- Return to Site
To return to the Site, click where indicated. By accessing this website, you agree to accept, without limitation or criterion, all of these terms and conditions of use.
ECOMMERCE TERMS AND CONDITIONS
All room rates are exclusive of 12.5% luxury tax on published tariff, plus 7.42% service tax applied tariff. These are subject to change as per government policies.
Arrival & Departure Policy:
Check- in: 12 Noon
Check- out: 12 Noon
Early check-in is subject to availability. For guaranteed early check-in, room to be reserved from the previous night. Rooms are held until 6 pm on day of arrival unless guaranteed by a credit card or deposit.
All cancellations should be done 48 hours prior to the day of arrival, to be exempt from the cancellation charge. which is equivalent to 1 day full retention charges. All No shows will also attract 1 day’s full retention charges.
Refund For Charge Back Transaction:
In the event there is any claim for/ of charge back by the User for any reason whatsoever, such refund (if any) shall be effected only by Silmog Garden via payment gateway or by means as Silmog Garden deems appropriate.
No claims for refund/ charge back shall be made by any User to the Payment Service
Provider(s) and in the event such claim is made it shall not be entertained.
In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
All bookings must be guaranteed at the time of reservation by credit card or advance payment by Net Banking. All major cards are accepted.
One child under 8 years of age can stay in the parents rooms free of charge.
All Guests are requested to produce the Government Approved photo identity card for Indian Nationals and Valid Passport and Visa for Foreign Nationals upon Arrival.
Limitation of liability:
Silmog Garden and/or the Payment Service Providers shall not be liable for any
inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Silmog Garden and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
Silmog Garden and the Payment Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
The User shall indemnify and hold harmless the Payment Service Provider(s) and Silmog Garden and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
The User agrees that Silmog Garden or any of its employees will not be held liable by
the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Silmog Garden reasonable control.
At any circumstances the liability of Silmog Garden would be limited upto the value of payment received from the user by Debit/Credit Card and Net banking.