Terms & Conditions

 

This document sets out the terms on which Sky High Wellness Pvt. Ltd. (“Sky High”) provides you with access to its website www.healthyatri.com and app (collectively known as “Portal” or “Platform”). These general Terms and Conditions define the agreement governing relationships between Sky High and the user using the platforms provided by Sky High (“User” and/or “You”).

By accessing, browsing and using our Website or any of our applications through whatever platform and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online reservations service provided on these pages and through the portal are owned, operated by Sky High (“us”, “we” or “our”) and are provided for you subjected to the terms and conditions set out below.

Please read these Terms of Use carefully before using the services provided on the Platform by us (“Services”). These Terms of Use apply to all users of the Services, and form a legal contract between the User and Sky High. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such organization.

 USER ACCOUNT

    1. The Users availing services from Sky High shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Sky High for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Sky High with respect to any services to be provided by Sky High shall be restricted to the scope of this agreement.
    1. Sky High reserves the right, in its sole discretion, to terminate the access to any or all Sky High portals or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or for any other reason whatsoever.
    1. Additionally, the third parties providing various services/facilities on the Platform (“Service Providers”) shall be governed by terms and guidelines of the Service Provider and in terms of rules and policies applicable to each such service/facility. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User makes reservations/bookings.
    1. Sky High Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement.
    1. The User shall not post and/or upload any offensive content on the Portal.  
  1. SCOPE OF OUR SERVICE
    1. Through the website and application, we provide an online platform through which Service Providers provide various types of Yoga, Meditation & Wellness Experiences, including Yoga, Meditation,  Ayurveda, SPA, Yoga Retreats, Tours, Classes and Teacher Trainings etc, with or without accommodations, and the Users can make reservations for the said services.
    1. By making a reservation through Sky High, you enter into a direct (legally binding) contractual relationship with the Services Provider with which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Services Provider and sending you a confirmation email for and on behalf of the Service Provider.
    1. When rendering reservation on Sky High, the information that we disclose is based on the information provided to us by Service Provider. As such, the Service Provider are given access to the Platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.
    1. Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
  1. PRICES
    1. The prices on our site are highly competitive, and as provide by the Service Provider. All prices on Sky High website are displayed excluding GST and any other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.
    1. Sometimes cheaper rates are available on our portal for a specific Service/Experience, however, these rates offered by Service Providers may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the package and rate details thoroughly for any such conditions prior to making your reservation.
    1. Obvious errors and mistakes (including misprints) are not binding.
    1. All special offers and promotions are marked as such.
    1. Bookings made on the Platform by the Users may be subject to levy of service charges, cancellation charges and other charges by Sky High, which you shall have accepted and agreed to when such bookings are made by you.
  1. OWNERSHIP
    1. All materials on this Site, including but not limited to audio, images, software, text, icons and such like content (the “Content”), are protected by copyright under international conventions and intellectual property laws. You cannot use or license the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Portal.
    1. Sky High exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the Service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Sky High. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
  1. CONTENT
    1. There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Sky High or otherwise. By displaying them on this Site, Sky High is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, civil and criminal statutes.
    1. The content and information on this Website and App (including, but not limited to, price and availability of services), as well as the infrastructure used to provide such content and information, is proprietary to us or suppliers and Service Providers.
    1. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website/App, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
  1. USAGE AND CONDUCT
    1. User hereby agrees that by creating an account on the website/App, User agrees to provide basic details and that Users may upload certain content into the Accounts, including without limitation, photographs, graphics, images, and text (collectively “User Content”) and the User consents that the User Content may be processed and shared by, and between, Sky High with relevant Service Provider/third parties.
    1. User is solely responsible for the User Content that is created, transmitted or displayed while using the Services. Sky High reserves the right (but shall have no obligation) to remove any or all User Content that violates such terms of use. User shall immediately take down any User Content that violates the applicable Law, including pursuant to a take-down request from Sky High. Sky High reserves the right to disable User accounts in response to a violation or suspected violation of its Terms of Use.
    1. The User expressly undertakes to provide to Sky High only correct and valid information while requesting for any Services, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the Services from Sky High. 
    1. In case Sky High discovers or has reasons to believe at any time during or after receiving a request for Services from the User that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Sky High in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Sky High shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services. 
    1. The User unequivocally indemnifies Sky High of any such claim or liability and shall not hold Sky High responsible for any loss or damage arising out of measures taken by Sky High for safeguarding its own interest and that of its genuine customers. This would also include Sky High denying/cancelling any bookings on account of suspected fraud transactions
    1. Sky High shall have no responsibility or liability for the deletion or failure to store any User Content and other communications maintained through use of the Services. Sky High may periodically secure and backup User Content. However, User is ultimately responsible for securing and backing up any User Content.
  1. PRIVACY

Sky High believes in protecting your privacy. Please review our current Privacy Policy by visiting the Privacy Policy link available on the portal.

  1. BOOKINGS
    1. Sky High offers “Booking” service, which allows a user to make a booking through our Platform. If you opt to use our Booking Services, the booking will be made with the Service Provider’s venue listed on the booking page, and Sky High will forward the booking information that you provide to the relevant Service Provider.
    1. When you make a booking through our Platform you will only have a valid booking with the Service Provider if you receive written confirmation for the same subsequent to the Service Provider accepting your booking. The User does not acquire any claim for the availability of an accommodation and/or facilities and/or slots in classes, unless the Service Provider and/or Sky High have confirmed the availability in writing. In the event the booking is not confirmed and any amount towards the same is paid by the User, the same shall be refunded to the User.
    1. The contract for the relevant booking will be made between you and the Service Provider. Sky High has no responsibility for with regard to honourig of the booking or the Service Provider’s services and products.
    1. If you have any issues or disputes regarding your booking and/or services availed from Service Provider, you agree to address and resolve these with the Service Provider and not with us. Sky High shall not be responsible for any non-performance or breach of any contract entered into between the Service Provider and the User/customer(s), and while Sky High may extend its best efforts, at its discretion, to resolve the same, Sky High shall not and is not obligated to mediate or resolve any such dispute or disagreement.
    1. You may be required to provide additional information at the time of booking and/or at the time of check-in which may include health related information too. 
    1. Invoices for the bookings shall be provided by the Service Provider, and the invoice for service charges, if any levied by Sky High, shall be provided by Sky High.    
  1. CANCELLATION
    1. By making a reservation with a Service Provider, you accept and agree to the relevant cancellation, payment and no-show policy of that respective Service Provider, and to any additional (delivery) terms and conditions of the Service Provider that may apply to your reservation or during your experience/stay, including for services rendered and/or products offered by the Service Provider (the delivery terms and conditions of an Service Provider can be obtained from the relevant Service Provider). The general cancellation and no-show policy of each Service Provider is made available on our Platform on the listing information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the listing details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment (wholly or partly) or prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the listing and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are at your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless agreed otherwise.
    1. If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Service Provider’s and/or Sky High’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
  1. REFUND
    1. In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Sky High is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation. 
    1. The User shall request Sky High for any refunds, if entitled to, against the unutilized or 'no show' booking for any reasons within 15 days from the date of the booking. Any applicable refunds would accordingly be processed as per the defined policies of the Service Provider and Sky High as the case may be. No refund would be payable for any requests made after the expiry of 15 days as above and all unclaimed amounts for such unutilized or ‘no-show’ booking shall be deemed to have been forfeited.
  1. RESCHEDULING

Users shall be bound by the policy as that of the Service Provider booked in the event of postponement/preponement and rescheduling.

  1. LIMITATION OF LIABILITY
    1. The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Sky High makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Sky High is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Sky High.
    1. In no event will Sky High be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with the Platform or any other services or products provided to you.
    1. Sky High, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
    1. In no event shall Sky High be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content. 
  1. WARRANTIES
    1. All content, including software, products, services, information, text and related graphics contained within or available through the site are provided to you on an "as is," "as available" basis. Sky High make no representations or warranties of any kind, either express or implied, as to the operation of the Platform or the information, content or materials included on the Platform and to the fullest extent permissible pursuant to applicable law, Sky High disclaims all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Sky High do not warrant or make any representations that the site will operate error-free or uninterrupted, that defects will be corrected, or that the site and/or its servers will be free of viruses and/or other harmful components. Sky High do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the site for any purpose, including software, products, services, information, text and related graphics content.
    1. Unless Sky High is at fault for intentional or willful misconduct, or gross negligence, Sky High is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.
  1. TERMINATION
    1. Sky High reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Platform and/or any portion thereof, including any service or product available through the Platform, and/or your use of the Platform, or any portion thereof. In the event of termination of the Platform, the reservations made via Sky High will still be honored unless you receive a notification. However, the User shall still be bound by his/her obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Sky High shall not be liable to you or any third-party for any termination of your access to the Platform. Sky High reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. Service Providers have the right to change their offerings and this is outside Sky High’s control.
    1. The User can also terminate this agreement by deleting his/her account from the Sky High portal.
  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sky High, their employees, directors, representative and their subsidiaries and other affiliates, and their partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by you of any law or any term of these Terms of Use, (ii) any action, inaction or omission by you, or (iii) any dispute or litigation caused by your actions, inactions or omissions. If you use the Platform for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each User using the Platform for or on behalf of a Third-party agrees to indemnify and hold Sky High harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above.

  1. MISCELLANEOUS
    1. This agreement shall be governed by laws of India and Courts of New Delhi, India shall have exclusive jurisdiction.
    1. The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity. Therefore, this Agreement shall be interpreted and enforced as if it did not contain the said clause to the extent of its unenforceability and invalidity.
    1. No Waiver. No term or condition of this Agreement shall be deemed to be waived, except by a statement in writing signed by the party against whom enforcement of the waiver is sought. Any written waiver shall not be deemed a continuing waiver unless specifically stated, shall operate only as to the specific term or condition waived and shall not constitute a waiver of such terms or condition for the future or as to any act other than that specifically waived.
  1. DISCLAIMER
    1. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
    1. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the experience as made available on our website, (iii) the services rendered or the products offered by the organizer or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the experience or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
    1. Whether the place you stay at charges you (or has charged you) for your package, or we are facilitating the payment of the package price, you agree and acknowledge that the Service Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the package price to the relevant tax authorities. Sky High is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.