Terms of Use - Skyview by Empyrean

Terms & Conditions

    1. Empyrean Skyview Projects Private Limited (ESPPL) is a company registered under the Companies Act, 2013, having its registered office at 411(B2), 4th Floor, South Block, Bahu Plaza, Jammu-180012, Jammu and Kashmir. The Company through its brand “Skyview Patnitop” is operating aerial passenger ropeway at Village Sanget, Chenani, District – Udhampur, Jammu 182142, J&K and is providing adventure activities including food and beverage services at its Venue.
    2. This agreement incorporates the terms and conditions (“Agreement”)with respect to and in connection with the services provided by ESPPL (“ESPPL Services”) to the person(s) (“Users”), intending to use or inquire for any ESPPL Services by using ESPPL’s website or using any other customer interface channels of ESPPL which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
    3. By purchasing the tickets and entering the Venue (as defined herein below), User confirm that they have read, understood & agreed to all the terms & conditions, terms of use, rules & regulations, & policies associated with ESPPL & voluntarily assume any associated risks.
    4. All content and materials of this web Venue are protected by copyrights, trademarks or other proprietary rights and laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating of any of the material is prohibited.
    5. DEFINITIONS & INTERPRETATIONS
      1. “Activities” includes “Adventure Activities (Zip-line, Tubing and Magic Carpet)” which offers food, beverages and entertainment services.
      2. “Venue” means the entire premises under the Skyview Patnitop including the Lower Terminal and Upper Terminal.
      3. “User” includes “Lead User” means the person(s) visiting the venue having a valid ticket.
      4. “Ticket” means ticket issued to the user(s) at the ticket counter and/ or through ESSPL website and/ or through any other customer interface channels of ESPPL entitling the User the right to enter the Venue and/ or use ESSPL Services.
      5. “Voucher” means printed paper duly issued that entitles the offers mentioned on it.
      6. “Child” means all Users under the age of 18 years.
      7. “Senior Citizen” means all User above the age of 60 years.
    6. BOOKING CONDITIONS
      1. The User shall be at least 18 years of age and legally competent at the time of booking the ESPPL Services.
      2. The User shall be solely responsible for the accuracy of details provided at the time of booking, such as names, age, email address, phone numbers, payment information, etc. In the event any incorrect information/ detail is provided by the User, ESPPL reserves a right but not an obligation to deny entry at the Venue to such User for providing incorrect details.
      3. Children between the age of 0-5 years are allowed free entry to the Venue.
      4. Subject to the prevailing policies of ESPPL, ESPPL may provide free of charge ropeway rides to children aged 3-5 years. ESPPL may however change the policy without any prior notice and / or intimation.
      5. Infants from 0-3 years of age are not allowed on any activities including ropeway rides.
      6. For any correspondence (such as Vouchers, activity tickets, cancellation requests, etc), we will communicate with the User using the email address provided at the time of booking. We will assume that the email address is correct, and the User understands and acknowledges the risks involved in these types of communications.
      7. The User shall be solely responsible to ensure that he/ she abide by terms & conditions and relevant health & safety instructions, and all rules and regulations as amended from time to time by ESPPL.
      8. The User shall declare any health or medical conditions which may prevent or cause potential risk to himself/ herself at the time of booking the ESPPL Services. For the safety measures, activities may have age, height\weight, health restrictions and must be accepted by all User(s).
      9. Any person who is under 18 years age shall always be accompanied by an adult during all activities. Any age-related restriction and conditions will be mentioned underlined and listed aside each activity.
      10. It is mandatory for all User(s) including but not limited to the Lead User, to carry the email/ SMS confirmation of e-ticket to the ticket counters to avail entry to the Venue. Online bookings will be verified at the ticket counter and after verification, actual tickets will be allotted to the User(s). in the event there is a violation of any and/ or all the terms and conditions stipulated herein, there shall be no refund for the online bookings at the counter under any conditions. ESPPL reserves the right not to release the tickets if the required document is not presented.
      11. It is mandatory for all User(s) including but not limited to the Lead User, to carry any original Government approved ID (such as Aadhaar card, Driver’s License) to enter the Skyview Patnitop premises / Venue.
      12. A maximum of 10 tickets can be purchased online on a single transaction, more than 10 tickets will be considered to be a group booking and has to confirmed offline by calling customer helpline or emailing at sales@skyviewpatnitop.com. All terms and conditions for group bookings shall apply to these bookings. ESPPL may however, vary or amend the maximum number of tickets that can be purchased on a single transaction considering the functionality factor.
      13. Before purchasing tickets, all User(s) are required to carefully review booking details. ESPPL does not refund or adjust the amount against any other event or ticket at the ticket counter on the premises after a ticket has been purchased by the User(s). All changes, cancellation and refund request will only be done online. For all other modes of bookings please refer to cancellation amendment and refund policy or the vouchers for details.
      14. All tickets bought at the Ticket counter of the Venue are non-changeable and non-refundable.
    7. BOOKING & PAYMENT POLICY
      1. While ESPPL shall make all reasonable efforts to keep the prices of activities on our website accurate, ESPPL reserves right to change or offer different pricing on different days, during non-peak & peak days for different User(s) & age groups, including corporates, schools, complimentary passes, special interest groups, the elderly, etc. Prices offered, and days defined as weekday/ weekend/ peak/ nonpeak season are subject to change without prior notice. Any decrease in ticket price shall not entitle the voucher/ ticket holder for a refund.
      2. User(s) can purchase the tickets online through our website www.skyviewpatnitop.com, selected travel agencies and ticket counters available at Lower and Upper Terminal of Skyview Patnitop.
      3. Visitors unable to present proof of eligibility for special discounts or promotions will be required to upgrade to standard full price tickets.
      4. Child and Senior Citizen tickets prices are mentioned with each activity, ESPPL reserves the right to withdraw or change these prices without prior intimation.
      5. We accept Visa, MasterCard, American Express and selected Debit Cards and Net Banking for all the transactions made / being made online for booking or at the ticket counter on the Venue.
      6. No two offers can be clubbed together. However, ESPPL in its sole discretion may allow certain offers to be combined.
    8. CANCELLATION, AMENDMENT & REFUND POLICY
      8.1 CANCELLATION POLICYBooking may only be cancelled or amended by logging into your account at www.skyviewpatnitop.com or through your travel agency.

      Cancellation made within Refund Policy
      24 Hours prior to event date Full Refund
      On the day of event or less than 24 hours 70% of the total amount shall be refunded
      No-Show – fails to turn-up on event day No refund

      ESPPL reserves the right to cancel your booking or change any of the facilities or services or prices described on its website. It shall make reasonable efforts to inform you of the same at the time of booking, however in case of circumstances beyond ESPPL’s control like weather conditions and unavoidable and unforeseen technical problems, where it proves necessary to close or suspend the Activities/ ropeway system or the site, ESPPL shall offer you two alternatives –

      a)The option to choose a replacement for an alternate day, if we are able to offer one or

      b)Process a full refund.

      8.2 Group Booking Cancellation Policy

      This Policy shall be applicable to bookings of 10 or more people made together. The Group Booking (Paxs=>10), may only be cancelled or amended by logging into your account at www.skyviewpatnitop.com

      Cancellation made within Refund Policy
      7 days prior to event date Full Refund
      Within 3-7 days prior to event date 70% of the total amount shall be refunded
      Within 3 days prior to event date No refund

      ESPPL reserves the right to cancel your booking or change any of the facilities or services or prices described on its website. It shall make reasonable efforts to inform you of the same at the time of booking, however in case of circumstances beyond ESPPL’s control like weather conditions and unavoidable and unforeseen technical problems, where it proves necessary to close or suspend the Activities/ ropeway system or the site, ESPPL shall offer you two alternatives –

      a)The option to choose a replacement for an alternate day, if we are able to offer one or

      b)Process a full refund.

      8.3 AMENDMENT AND REFUND

      1. Subject to the terms and conditions specified herein, you may amend your booking dates, subject to the ticket availability, with respect to tickets bought through ESPPL website. For avoidance of doubt, it is hereby clarified that ticket bought at the ticket counter are non-changeable and non-refundable. However, any change (cancellations/refunds/re-scheduling) in the ticket(s) bought through ESPPL website for ESPPL Services (whether individual activity or combo), a processing fee shall be charged on a per person basis for each ticket.
      2. Where refunds are due, they shall be made according to the mode of original payment. Payments made by debit or credit card shall be refunded to the same card. For all the bookings made through travel agency, the refund will be processed and claimed through the respective travel Agents
      3. ESPPL will process the refund request within 12 business days from the date of cancellation of the booking.
    9. ENTRY RULES
      1. Your booking entitles you to enter the venue with access to attractions/activities mentioned in the booking and in operation on the day of your visit. All other in-venue services are charged separately.
      2. The hours of operation are 10 am till 6 pm IST, any User will not be permitted before or after the said time. ESPPL reserves the right to amend, vary or otherwise change the entry and operation timings.
      3. Timing schedules for all the activities including ropeway is available at the venue.
      4. By accepting admission, you understand that there are inherent hazards such as weather and fire in the activities and hereby agree and accept the risks of the aforesaid hazards. You further agree to release ESPPL from liabilities and responsibilities for any personal injury, loss or damage, which you may incur.
      5. Tickets are non-exchangeable, non-refundable, non-redeemable for cash and non-replaceable, if lost or stolen, and will be void if altered.
      6. The validity of the tickets obtained at the Venue counter is restricted to the same day only and will not be changed under any circumstance. However, ESPPL reserves the right to amend this anytime without prior notice.
      7. Any resale of tickets/vouchers is strictly prohibited. ESPPL reserves the right to invalidate tickets/vouchers in connection with any fraudulent/unauthorized resale transaction, without refund or other compensation. Tickets/Vouchers only allows for a one (1) – time use only. If it is determined by ESPPL that there are multiple copies/usages of the ticket, usage of the ticket will be denied. In the event of any dispute, a final decision shall be made based ESPPL record.
      8. Re-entry to venue is not permitted after you have made an exit from the venue.
      9. The ticket holder is obliged to comply with the instructions of the operating or security staff at the Venue (including operating and security staff of ropeway and activities).
      10. Visitors may not bring outside food (including birthday cakes) and beverages on to premises.
      11. No pets or animals are permitted in the premises.
      12. The Venue is a smoke-free facility and smoking (including of e-cigarettes) is prohibited
      13. User(s) are requested to take care of their belongings. The management will not be responsible for any loss of articles. ESSPL advises that visitors do not bring valuables to venue. Visitors may leave all pushchairs and/or large luggage items at a designated area.
      14. User(s) may be subject to security frisking upon arrival at the Venue. ESPPL reserves the right to deny admission, or to require a person to leave the premises failing to comply with any of the rules or commits any breach of safety/ security order. In such event, no refund/ compensation shall be provided.
      15. ESPPL has put all efforts to keep ropeway operations, all activities and attractions operational, however it is possible that ropeway operations or some of the activities or attractions may not be fully operational at all times due to technical/repairs & maintenance/electricity or power failure.
      16. ESPPL is not responsible and does not assume any liability for any damage, loss, disappearance, theft, or any other form of alteration, physical or otherwise to your personal belongings. The use of ESPPL facilities is entirely at your own risk.
      17. You are liable for any alteration or damage, loss, theft, physical or otherwise, to the property of ESPPL caused by your negligence, omission or non-compliance to any of the rules and regulations. You may be photographed/videographed during your visit to the venue & such photographs/video recordings may be used by the ESSPL for promotional purposes without any monetary compensation.
      18. Parking: Vehicles are parked at the owner’s risk. ESSPL takes no responsibility for damage caused to any vehicle using the car park & no guarantee is given as to the security of your vehicles in the car park or any contents. No vehicles are permitted to remain in the parking premises of the Venue outside the Venue operating hours.
      19. ESPPL reserves the right to make changes at its discretion and amend or add to the T&Cs at any time without prior notice.
    10. CODE OF CONDUCT
      1. Please be careful not to push or move ahead of others in the queue. Queue jumping is strictly prohibited.
      2. Do not interfere with the duties of the staff and do not disrupt any program, activity or facility at the venue.
      3. Please read safety signs and follow the directions of staff at all times.
      4. Please comply with safety guidelines for each activity.
      5. Entry to restricted areas are prohibited.
      6. To engage in unsafe, illegal activities or offensive behaviour is not permissible. It may result in expulsion from the venue without refund.
      7. In case you notice any irregular activity or misconduct please report it to the staff.
      8. To deface, destroy, injure, misuse or remove any Venue property is not permissible.
      9. Unnecessary noise (such as that from the unsociable use of mobile phones, radio sets and other electrical equipment), or any behaviour likely to cause annoyance to other visitors or confusion of any kind is not permitted.
      10. No eatables (including birthday cakes) and beverages are allowed inside the attraction.
      11. Photography, videotaping, recording, broadcast or transmission for commercial purposes is strictly prohibited.
      12. Posting notices, signs or any other objects on venue property is prohibited.
      13. Children under 18 years of age must be accompanied by an adult during all activities.
      14. Consumption/ carrying of alcohol, drugs, intoxication substances, weapons, arms and ammunition are prohibited, strict action will be taken which includes removal from Venue without refund.
      15. Eve teasing, sexual harassment and sexual activity of any kind will result in removal from Venue without refund.
    11. INHERENT RISKThe User accepts and acknowledges the inherent and other risks associated with the use of any activity provided by M/s Empyrean Skyview Projects Private Limited (“ESPPL”), as well as all other risks and/or perils of which an ordinary prudent person is or should be aware, and all risks and/or perils of which the User is informed under the terms and conditions herein, other rules and regulations, posted warnings, directions and instructions, and attraction operator warnings.The User further understands and acknowledges that bodily and/or physical injury or harm, sometimes serious, or even death, may be caused by or arise or result from or be attributable to the use of or participation in or on any activity provided by ESPPL. By accepting the risk associated in usage of the activities provided by ESPPL, the User has waived his legal rights.User also understands and acknowledges that normal operation of any activity may be hazardous to those:
      1. who are pregnant
      2. with heart conditions
      3. with neck or back problems
      4. subject to motion sickness; or
      5. with other health problems that may make them more vulnerable to injury. The following people shall not use this ride: those under the influence of alcohol or drugs.

      The User hereby acknowledges that he himself is responsible to know his health and physical condition and limitations, and the health and physical condition and limitations of any minor under his care or supervision. If User uses, and/or permit any minors under his care or supervision to use any activity, User or they do so at his or their own risk.

    12. DISCLAIMER AND LIMITATION OF LIABILITYThis clause forms a binding legal agreement between ESPPL and the User. ESPPL reserves the right to change the terms of this agreement, at any time, without prior intimation or notice to the User, and such change(s) shall be binding upon the User.The User understands and acknowledges that ESPPL provides activities on ‘as-is’ ‘with all faults’ and ‘as available’ basis. By using the activities, the User has agreed to each and all of the terms and conditions of the activities and has waived its right to claim any ambiguity and/or error in this agreement.ESPPL shall not be held liable for damages of any kind, including without limitation special, incidental, indirect, and/or consequential damages, arising out of User’s/your use of activities and/or services provided by ESPPL, whether or not advised of the possibility of such damages, and/or on any theory of liability. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages. In any event, if ESPPL is found liable for any loss or damage which arises out of usage of such activities and/or such services, ESPPL’s liability shall be restricted to the amount of any fees and/or charges paid by the User to ESPPL for the services and/or activity with respect to which liability is found.
    13. INDEMNITYThe User agrees to defend, indemnify, and hold ESPPL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fee, arising from and/or related to ESPPL Services.The User shall defend, indemnify, and hold harmless ESPPL and its affiliates from and against any losses including any material claim, liability, demand, damage, judgement and/or other obligation and/or right of action, which may arise as a result (a) your breach of any provision of the terms and conditions of this Agreement; (b) arising in connection with ESPPL Services; or (c) any information/ detail provided to ESPPL.
    14. DISPUTE RESOLUTIONAll dispute(s) and/or difference(s) arising out of or in connection with any of the matters set out under this agreement (“Dispute”), if not resolved by amicable settlement within thirty (30) days from the date of occurrence of Dispute, shall be finally and conclusively determined by arbitration in accordance with the Arbitration and Conciliation Act, 1996, of India, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by ESPPL (“Sole Arbitrator”). The Sole Arbitrator shall reach and render a reasoned decision in writing with respect to the appropriate award to be rendered or remedy to be granted pursuant to the dispute.To the extent practical, decisions of the Sole Arbitrator shall be rendered no more than ninety (90) days following commencement of proceedings with respect thereto.The arbitration shall be conducted in English, and the venue for arbitration shall be Jammu, Jammu and Kashmir.The Sole Arbitrator shall be entitled to award costs of the arbitration and the costs of arbitration will be borne by such party which is/ are directed by the Sole Arbitrator to bear the costs of arbitration.
    15. GOVERNING LAW AND JURISDICTIONTo the fullest extent permitted by law, these terms and conditions are governed by the laws prevailing in India, as amended from time to time and courts in Jammu and Kashmir, India will have jurisdiction.* By booking and participating in the Activities, you agree to be bound in full by above Terms and Conditions (Privacy Policy/ Booking Policy/ Terms of Use/ Terms & Conditions).

ISSUE DATE: 24.06.2019

REVISION DATE: 27.06.2019

REVISION NO.: 01

COLLABORATIONS & ASSOCIATIONS

SKYVIEW BY EMPYREAN