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WEB SITE TERMS AND CONDITIONS OF USE

Introduction

The terms and conditions set out below (“Conditions”) apply to your use of this web site and related websites (“Site”), including the use of the information services offered on the Site.

In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding.

If you do not accept these Conditions, you must refrain from using the Site.

These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.

Conditions

Site

The Site makes available information relating to Pines Fell, an eco-tourism cottage constituted and registered under the laws of India.

Copyright

The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by Pines Fell or licensed by Pines Fell 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 Pines Fell. Without limitation you may not, without such approval from Pines Fell, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party.

Your Use

The Site is for your personal non-commercial use and the Information may be downloaded or printed by you solely for that purpose.

This right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:

-       the Information may not be used for any commercial purpose or public display, performance, sale or rental;

-       no copyright or other proprietary notices may be removed;

-       the Information may not be transferred to another person;

-       software may not be interfered with in any manner;

-       every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the              

       Information; and

-       you will only use the Information for lawful purposes and in accordance with these Conditions.

Information

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 8) 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 the Information and the Site or any other material accessed through the Site including via any Linked Web Site.

Whilst Pines Fell seeks to ensue that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Pines Fell 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 Pines Fell 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.

Pines Fell 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.

Pines Fell may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.

Pines Fell does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, Pines Fell 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.

Liability Disclaimer & Exclusion

In no event shall Pines Fell 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;

including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.

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.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of Pines Fell under, any such warranty, term or condition, then the liability of Pines Fell shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

-       if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and

-       if the breach relates to products and the products can be repaired, 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.

Specific Warnings

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, Pines Fell does not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of the Site or any Linked Web Site.

Pines Fell 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 sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

You must ensure that any information which you provide to Pines Fell 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 Pines Fell or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Pines Fell system, data or information.

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 Pines Fell 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 construed as an endorsement, approval or recommendation by Pines Fell 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.

Pines Fell 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 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.

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.

No contract will subsist between you and Pines Fell or any of its affiliates in respect of any services or products offered through the Site unless and until Pines Fell 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 Pines Fell 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. Pines Fell reserves the right to obtain validation of your credit card details before providing you with any services or products.

Security & Non Confidentiality

Electronic transmissions of data including the Internet are public media and any use of such media is public not private.

Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information.

Pines Fell does not warrant and cannot ensure the security or confidentiality of any information, which you transmit to Pines Fell. Accordingly, any information, which you transmit to Pines Fell is transmitted at your own risk.

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 Pines Fell without notice.

The provisions of these Conditions excluding, limiting and disclaiming the liability of Pines Fell will nevertheless survive any such termination.

General

Pines Fell does not accept any liability for any failure by Pines Fell to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.

If Pines Fell 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.

Governing Law and Jurisdiction

These Conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts of India.

Return to Site

By returning to Site, you acknowledge that you have read, understood and accepted these Conditions.

 

GENERAL GUEST INFORMATION AND HOUSE PROCEDURES

ARRIVAL AND DEPARTURE POLICY

Check in – 1400 Hours

Early arrival is subject to availability. For guaranteed early check-in, reservation needs to be made starting from the previous night.

Check out – 1200 Hours

Late checkouts are available on request and subject to availability.

Right of admission to Pines Fell is reserved. Pines Fell reserves the right to cancel any reservation or disallow admission if it deems fit.

NOTE: Only the actual numbers of people who have confirmed their booking can stay at Pines Fell. The guests are advised that accommodation for their visitors will be charged extra.

ALSO NOTE: The guests are advised not to entertain their visitors at Pines Fell, failing which their reservation can be cancelled with 100 per cent retention.

TRAVEL DOCUMENTS

A recent Government notification requires guests to present proof of identity at the time of check in. Guests are requested to carry with them the required document during their travel.

Guests from nationalities, other than India, must get in touch with their travel agents/local Government authorities for documentation required/local restrictions. Pines Fell will not check-in foreign nationals without valid passport and visa documents.

EARLY DEPARTURE POLICY

Pines Fell will charge 100 per cent retention on the reserved room rate if guest’s reconfigure their departure dates.

GUARANTEE POLICY

All bookings must be guaranteed at time of reservation by direct transfers to Pines Fell (contact us for account details) or Travel Agency. Pines Fell does not accept any cheaque, credit/debit card or instruments of credit.

SETTLEMENT OF ACCOUNTS

All payments must be made in Indian rupees. No other currency is accepted and neither are credit/debit cards, cheaques or instruments of credit.

CHILD POLICY

Pines Fell is child friendly and accepts reservations for children of all ages. However, it is located in the heart of the Himalayas amidst mountainous terrain and forests. Guests are therefore advised to take care of their children’s safety and also their special needs. The Pines Fell does not assume responsibility of the same or of any nature arising thereof.

PLEASE NOTE

Effective 2nd October 2008, the Government has introduced a ‘No-Smoking’ legislation for hotels, restaurants and all public places. As a consequence, smoking is prohibited in all parts of Pines Fell except in designated smoking rooms.

PARKING AT PINES FELL

Pines Fell is one of the few cottage properties around Shimla, which provides gated parking. The parking is provided free of charge. However, if the guests are accompanied with vehicles, more than which can be accomodated within the gated premises Pines Fell cannot be held liable for any loss whatsoever. Also, the management does not take any responsibility of the vehicles parked within the gated premises and will not be held liable for any loss arising out of any theft or any other calamity. 

STANDARD PET POLICIES

At Pines Fell we welcome our four-legged guests. While booking your stay, directly or through your travel agent, ask us to add your pet to the reservation.

To keep our guests happy, including those who are not travelling with four-legged friends, some restrictions apply. Guests are advised to request Pines Fell for our pet policies, guidelines and applicable fees.

1. Kindly contact us prior to making your reservations on the type, quantity and weight of pets that are allowed at Pines Fell;

2. Guests accompanied by pets will be provided with Pines Fell pet policy prior to their arrival and the same will be deemed accepted upon confirmation of booking;

3. Pets must comply with local legislation requirements;

4. Generally, pets weighing less than 90 pounds/40 kilograms are welcome;

5. Pines Fell advises the guest’s to ensure that their pets are not aggressive, are clean and do not have fleas and parasites;

6. Proper medical certification specifying that all vaccinations are up to date must be made available upon request;

7. To help cover the furry cleanup a non-refundable fee will be charged to the guest’s account upon check-in based on the length of the stay. Guests are advised to contact us or their travel agents for the same;

8. Guests will be provided with a ‘Pet-in-Suite’ badging upon check-in, which must be displayed outside their rooms at all times for the benefit of others not travelling with their pets;

9. Service animals accompanying differently abled persons are always accepted;

10. Pines Fell does not provide any specialized living areas/pet carriers/leashes/utensils/linen/pet food. The guests are advised to make all such suitable arrangements;

11. The pets are not allowed to rest on Pines Fell furniture;

12. The pets under no circumstances may be given a bath in the bathrooms;

13. Though, Pines Fell welcomes pets, it also accords highest priority to the quality and housekeeping of its rooms and premises. The guests are expected to ensure that their pet is clean before letting it enter the rooms;

14. Guests are responsible for any damages to the property, rooms and their contents. The guest’s rooms will be inspected for such damages prior to checkout. If extensive cleaning or damage repair is necessary beyond the normal deep cleaning process, the guest may be charged additional fees. Pines Fell reserves the right to charge guest’s account commensurate to the costs of such damages;

15. Pet may be left unattended in your room. However, if you leave the premises with your pet unattended, the pet must be in a pet carrier while you are gone. There is no facility of pet-sitter at Pines Fell;

16. Pets must be on a controllable leash at all times when outside the guest room;

17. Guests must walk their pets in designated walk areas and are responsible for picking up after their pet in and around Pines Fell;

18. Noise/Disruptive Complaints – barking and noise that is disruptive to other guests at Pines fell is not acceptable. Upon receipt of two (2) such complaints, the guest may be asked to make alternate arrangements for their pet;

19. Housekeeping Service – the pet must be removed from the suite prior to the scheduled housekeeping service or other arrangements must be made with the Pines Fell management;

20. Pines Fell accepts no responsibility for any harm/injury to the guest’s pet during their stay with us. Correspondingly, any damage or harm/injury to other guests or their pets or any financial or legal obligations thereupon will be the sole responsibility of the pet owners; and

21. Guests agree to indemnify and hold harmless Pines Fell, its owners, operators and staff from all liability and damage suffered as a result of the guest’s pet.

DINING TIMINGS AND USAGE/AVAILABILITY OF COOK/HOUSEKEEPING 

Breakfast: 7 AM – 10 AM

Lunch: 1 PM – 3 PM

Tea: 4 PM – 5 PM

Dinner: 7 PM – 10 PM

The above timings are to be strictly adhered to. Please be advised that the Pines Fell staff will not entertain requests for meals beyond these timings. 

NOTE: The charges for the cook include provision of three meals (breakfast, lunch and dinner plus one time tea exclusive of snacks). Guests wishing to avail the services of cook beyond these will be charged extra.

ALSO NOTE: The cook and the housekeeping will only provide their services to the number of guests that have made reservations. Under no circumstances will they cook or provide any services to people visiting guests at Pines Fell.

THE PINESFELL VENDOR PARTNERSHIP 

For the benefit of our guests, we at Pines Fell have identified several dependable vendors for food and vegetables and local sightseeing and travel. The details of these vendors are available with our staff. In case you need to use such services, we will be happy to help.

THE PINES FELL PROMISE

We at Pines Fell understand what holidays are made of and promise our guests our utmost in maintaining highest standards of hospitality and housekeeping. We are committed to a long-term relationship with our guests and foremost in that regard is our obligation to accountability. Please feel free to ask us for any information regarding Pines Fell and you will not find us wanting. We neither provide our guests with unsubstantiated advice nor are we inventive.

When you make a reservation at Pines Fell we guarantee you that you will not find a similar property in and around Shimla. Whether you are looking for absolute privacy, or searching for inner peace, or are a nature lover, or just want some time to yourself to read that long unfinished novel, or are nostalgic of a hand held forest walk with your loved one, Pines Fell is a one stop destination.

At Pines Fell you get personalized attention. It has been handcrafted with attention to minute details weaved in a mosaic of timelessness and emotions. The location itself is unparalleled in an ever-expanding concrete jungle that Shimla has become. Ideally located and equidistant from almost all must visit places surrounding Shimla Hills; it is reminiscent of an era bygone. When you arrive at Pines Fell, you just don’t get a cottage to while away your time; you arrive to courtesy, thoughtfulness and responsiveness – not just of treatment but also of selection.