Service Agreement for Customer Management System of Himalaya Airlines

Himalaya Airlines aspires to rise up as a leading airline in South Asia. With the aim to excel in safety, on time performance (OTP) and most primarily, in service to its customers, H9 has already established itself in Nepal with high recognition.

To protect your legal rights while using our quality service online, please read carefully and accept the terms of this agreement before you register as a member on this website (the “Site”). Please use the services provided according to the terms of this agreement after registering as an e-ticket user. By accepting this agreement, you agree to be bound by the terms and conditions hereof.

Whereas,

1. For the purpose of this agreement, Himalaya Airlines, hereinafter shall be referred to as (the “Service Provider”, and/or be referred by its own name).
2. Any Person, natural or legal, who agrees to the term of this agreement, hereinafter shall be referred to as (the “User/s”).

1. Registration
   Complete the New User Registration Form and you can use the ticket services and relevant inquiry as well as other product inquiry and reservation on Himalaya Airlines We will check the registration information provided, and reserve the right to cancel false registration and registration in nonconformity with rules of the Site. We'll keep all user information confidential and will not use such information for other purpose or release the information to any irrelevant third-party without permission of the user, unless as otherwise provided by laws,regulations and Court order.
2. User Obligations
   Users shall abide by the civil aviation laws and regulations as well as other prevailing and applicable laws and regulations of Nepal including the provisions of the Site, as amended from time to time.
3. User Rights and Liabilities
   1. Users have the right to access to internet booking services of the Site in accordance with the terms hereof.
   2. The User shall indemnify and hold Himalaya Airlines harmless and shall be liable for the total amount of loss and/or damages caused to the Site and/or Service Provider due to acts or omission of the User which shall include but not be limited to negligence, misconduct, hacking, installing virus and/or malware to the Site and/or attempt to perform any of such activities.
   3. The User agrees to cover any financial cost including but not limited to legal fees, attorney fees and/or any other court and/or arbitration fees Service Provider incurred by or in relation to any suit filed against Service Provider by the User.
4. Copyright & Trademark
   The graphics, images, texts and procedures on this Site are owned by Himalaya Airlines E-Commerce Website and protected by trademark law and relevant intellectual property laws. Anyone shall not download, copy or reuse these materials without due permission. Trademarks on this Site are the property of their respective owners and are protected by trademark law. Any unauthorized use thereof in any form shall constitute infringement and may invite legal action against such user.
5. Disclaimer
   The Site shall not be liable for any disputes between users and third parties arising from the use of the Site.
6. Cookie Use:

Any personal data that we collect from you when you use this website will be processed in accordance with our Cookie Policy and Privacy Policy. You confirm that when using this website, you consent to your personal data being used and processed in accordance with our  Cookie Policy and Privacy Policy.

When you visit the site, our web server automatically saves the IP-address of your Internet Service Provider, the website you are visiting us from, the web pages that you visit on our site and the date and duration of the visit. In the event of infringements of these terms and conditions, we will keep the stored IP-address to use in pursuance of civil law claims and for the resolution of criminal offences.

7. Termination of Service
   The Service Provider shall reserve the right to terminate any free service with or without prior notice to the user.
8. The Site shall not be liable for failure to access to the Site due to normal system maintenance, system upgrade network congestion or any other reasons beyond the control of the Site.
9. The terms and conditions as well as other features of the Site may be modified, altered or amended any time without prior notification or information thereof to the User.
10. Any disputes about this agreement or disputes with the Site arising from the use thereof shall be resolved according to relevant laws of the Federal Democratic Republic of Nepal, if such could not be resolved amicably. Any dispute arising out of or in relation to this agreement shall be governed by laws of Nepal. If the dispute is not resolved amicably within thirty (30) days of providing notice of dispute by the aggrieved party to the other, such aggrieved party shall have the right to approach Courts of Kathmandu for the resolution of such dispute. The Courts of Kathmandu shall have exclusive jurisdiction to entertain matters arising out of or in relation to this agreement
11. Force Majeure

For the purpose of this agreement, any unforeseeable circumstance including but not limited to act of god, breakout of COVID, lockout, war, strike, system failure, malfunctions, industrial or civil dispute, governmental or parliamentary restrictions or any other events beyond the control of Service Provider shall be considered as a force majeure situation and Himalaya Airlines shall not be held responsible for delay in performance of obligations, non-performance of its obligations due to such force majeure situations and shall not be held liable for loss incurred due to such force majeure situations.