The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If LARK is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that LARK being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in LARK, services committed earlier may not be provided or may involve substantial modification. In such cases, LARK shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of LARK against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

LARK shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of LARK arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by LARK for its services.

In no event shall LARK and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the LARK website(s) or any other channel. Neither shall LARK be responsible for the delay or inability to use the LARK websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the LARK website(s), or otherwise arising out of the use of the LARK website(s), whether based on contract, tort, negligence, strict liability or otherwise. LARK is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

Insurance, if any provided as a part of the service/ product by LARK shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and LARK shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Nevertheless, LARK will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

The User is aware that LARK provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes LARK to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to LARK for specific exclusion at support@larkholidays.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of LARK on its website in accordance of which LARK contacts, solicits the user or shares the user's information.

Nevertheless, LARK will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

LARK may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by LARK and shall not copy, transmit or create derivative works of such material without express authorization. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

The travel bookings done by LARK are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. LARK is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

The User agrees to indemnify, defend and hold harmless LARK and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by LARK and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and LARK cannot be held responsible for the same.

LARK at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by LARK is not complete until full money towards the service is received from the customer and accepted by LARK. Without prejudice to the other remedies available to LARK under this agreement, the TOS or under applicable law, LARK may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

• - The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference
• - LARK is unable to verify or authenticate any information provided by the user; or
• - LARK believes that the user's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or LARK.

LARK may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with LARK or use the website in any manner whatsoever until such time that the user is reinstated by LARK. Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, LARK reserves the right to recover any amounts due and owing by the user to LARK and/or the service provider and to take strict legal action as LARK deems necessary.

The User expressly undertakes to provide to LARK only correct and valid information while requesting for any services under this agreement, 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 LARK.

In case LARK 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, LARK 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, LARK 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.

The User unequivocally indemnifies LARK of any such claim or liability and shall not hold LARK responsible for any loss or damage arising out of measures taken by LARK for safeguarding its own interest and that of its genuine customers. This would also include LARK denying/cancelling any bookings on account of suspected fraud transactions.

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of LARK Websites or its partner websites or any provision hereof in any manner whatsoever.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular LARK website, then these terms shall control.

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of LARK Websites or its partner websites, shall be deemed to constitute a partnership between the User and LARK and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

User acknowledges that LARK provides services with reasonable diligence and care. It endeavours its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the LARK websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as LARK notices them. Changes are/may be periodically made/added to the information provided such. LARK may make improvements and/or changes in the LARK websites at any time without any notice to the User. Any advice received except through an authorized representative of LARK via the LARK websites should not be relied upon for any decisions.

LARK reserves the right to change the terms, conditions, and notices under which the LARK websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

LARK hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. LARK considers itself and intends to be subject to the jurisdiction only of the courts of Chennai, India.

The User expressly agrees that use of the services is at their sole risk. To the extent LARK acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall LARK be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. LARK may change the features or functionality of the services at any time, in their sole discretion, without notice. LARK expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from LARK or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the LARK pages or otherwise use any of the contents, pages, information or any other material provided by LARK. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying LARK in writing.

Any picture or video shared by the customers during or post the trip in the support groups or emails, will be used in the social media platform to engage the audience. However, if you are not comfortable with the same, kindly drop a mail to support@larkholidays.com and your request will immediately be looked into.