These Terms of Use are an electronic contract deemed executed at Gurgaon, Haryana under the provisions of The Information Technology Act, 2000 and the rules made thereunder by and between:

MakeMyTrip (India) Private Limited, a company incorporated under The Companies Act, 1956 and having its registered office at 19th Floor, Block B, Epitome Building No. 5, DLF Cyber City Phase - III, Gurugram, Haryana - 122002 (hereinafter referred to as " MakeMyTrip /Facilitator/We", which expression shall, unless repugnant to the context or meaning thereof include its successors and permitted assigns)

AND

The “Client”/ “You” that is the user/entity/person/business subscribing for any Services made available by MakeMyTrip and accepting the terms and conditions contained herein electronically.

For the purposes of this Agreement, You and MakeMyTrip have been individually referred to as "Party" and collectively as the "Parties".

WHEREAS MakeMyTrip is inter-alia engaged in the business of facilitation of tour and travel related services and the Client is desirous of engaging MakeMyTrip for availing its services in accordance with the terms and conditions stipulated hereunder.

By executing the Order Form (as defined below) or by accessing or using the MyBiz Platform and services, You hereby acknowledge that You have read, understood and agree to these Terms of Use. The Terms of Use together with the Order Form, (if executed) are collectively referred to as the “Agreement”. These Terms of Use are effective as of the date on which You accept it by executing an Order Form that references these Terms of Use or on the date on which you access and use the MyBiz Platform and Services (as defined below), whichever is earlier (“Effective Date”). You should also read our Privacy Policy, which also governs your use of the MyBiz Platform, and is incorporated by reference in this Agreement. These Terms of Use are applicable when the Services are made available by MakeMyTrip to the Client or an agreed Affiliate of the Client.

Each Order Form incorporating these Terms of Use is a legally binding contract between the Parties to the Order Form. In event of an inconsistency between the terms of any part of this Terms of Use, and any other part, or between the terms of an Order Form and any part of this Terms of Use, such inconsistency shall be resolved in the following order of precedence: (1) Order Form; (2) Annexures; (3) Terms of Use, with the view that specific terms should prevail over general terms.

We may update these terms from time to time and in such an event we shall keep You notified via email or updated link, the continued access or use of the Services are conditioned upon Your acceptance of the updated Terms of Use.

• "Applicable Laws" means and includes any law, statute, ordinance, rule, regulation, including all amendments, updates thereto, order, or direction of any governmental, regulatory, or judicial authority, from time to time, having the force of law in India;
• "Affiliate" means (a) with respect to Client, any person that is Controlled by or is under common Control with Client(b) with respect to MakeMyTrip, any person which is directly or indirectly Controlling or Controlled by, or under direct or indirect common Control with MakeMyTrip;
• "Authorised User" means the employees, agents and representatives of the Client who are authorised by the Client to use the Services;
• "Authorised User Account" means the log in credentials provided to the employees, agents and representatives of the Client who are authorised by the Client to use the Services;
• "Business Account" means admin account of the Client which is created in the name of Client and all Authorised User Account(s) shall be deemed to be part of the Business Account;
• "Client Contracted Service” means any Services made available on the MyBiz Platform via Client Contracted Service Provider;
• "Client Contracted Service Provider" means any third party having a direct business relationship/arrangement with the Client (which has been integrated by MakeMyTrip onto the Platform) which is ultimately responsible for provision of Service and making its Services available on the MyBiz Platform whether directly or indirectly;
• "Confidential Information" means and includes, without limitation, all information exchanged or disclosed by the Parties or their representatives (however recorded or preserved), including, but not limited to, business, assets, affairs, customers, clients, suppliers, employee information, technical, financial data, software codes, product details, know-hows, processes, trade secrets, software, features, functionality, commercials, prices, discounts, rates, revenues, profits, losses, transaction data, the existence and terms of this Agreement (or any agreement entered into in connection with this Agreement);
• “Control” means the possession, directly or indirectly, of the affirmative power to direct or cause the direction of the management and policies of such person, whether through the ownership of securities, partnership interests or other ownership interests, by contract, by membership or involvement in the board of directors or other management structure of such person, or otherwise;
• "Force Majeure Event(s)" shall mean and include events and occurrences beyond the reasonable control of the affected Party which is not attributable to its fault or negligence and which cannot be avoided by the exercise of due care, skill and business continuity and/or disaster recovery planning, including but not limited to acts of God, expropriation or confiscation of facilities, any form of government intervention, war, hostilities, rebellion, terrorist activity, local or national emergency, strikes and other industrial action, sabotage or riots, network interferences and floods, fires, explosions, epidemics/pandemics or other catastrophes;
• "Intellectual Property Rights" means all vested and future rights of copyright and related rights, design rights, database rights, patents, utility models, service marks, trade names, rights to inventions (whether or not patentable), trade marks and get-up, domain names, applications for and the right to apply for any of the above, moral rights, goodwill, the right to sue for passing off and unfair competition), proprietary information and knowledge, rights in technology, source code, object code, upgrades, updates, name and data associated with software and Services, computer programs, databases, copyrights, licenses, franchises, formulae, designs and any other intellectual or industrial property rights or equivalent forms of protection, whether or not registered or capable of registration, and all renewals and extensions of such rights, whether now known or in future subsisting in any part of the world;
• “Listing Price” means the sell price as notified by the Primary Service Provider or Client Contracted Service Provider (as applicable) to MakeMyTrip to be shown to the Client at the time of booking/browsing on the MyBiz Platform. MakeMytrip showcases this price on an “as is” basis on the MyBiz Platform;
• "MyBiz Platform/ Platform" is the dedicated business to business section of any present or future booking or information platforms (like websites, mobile applications, processes and sales channels) owned or operated by any entity forming part of the MakeMyTrip Group. MyBiz Platform includes the website https://mybiz.makemytrip.com/v2/, and the corporate login section in MakeMyTrip mobile application.
• "Order Form" shall mean a validly executed contractual document as executed between the Client and MakeMyTrip for the purpose of availing the services mentioned therein;
• "Primary Service Provider" means a third party listed on the MyBiz Platform which is ultimately responsible for provision of Travel Services and is making its Travel Services available on the MyBiz Platform for booking.
• "Privacy Policy" means the policy available at www.makemytrip.com/legal/privacy_policy.html
• "Service(s)" for the purpose of these Terms of Use means the reservation functionality made available through the MyBiz Platform by MakeMyTrip to the Client in order to enable the Client to make or inquire for travel related bookings;
• "Travel Services" means the actual service such as hotels/flights/cabs/trains/ buses etc. provided by the Primary Service Provider or Client Contracted Service Provider post the facilitation by MakeMyTrip and the booking confirmation on the MyBiz Platform;

• These Terms: MakeMyTrip shall provide the Services to the Client on the MyBiz Platform subject to the terms and conditions of this Agreement. Client understands and agrees that MakeMyTrip is merely acting as an intermediary and an aggregator and is not the actual supplier/service provider of Travel Services. Client agrees to receive Services on an 'as-is' basis, except for any specific representations and warranties agreed by MakeMyTrip under this Agreement.

  While this Agreement is intended to govern the inter-se relationship between the Parties, the Client acknowledges that each Primary/Client Contracted Service Provider shall have its own terms and conditions governing the booking/cancellation of each Travel Service availed/ to be availed by the Client from them (for instance, every airline shall have its own terms and conditions for each air ticket booking, its usage and cancellation and similarly every hotel shall have its own rules, own cancellation policies etc). In accordance with Client’s requirement, MakeMyTrip will assist the Client to apply the terms and conditions of the Client’s corporate travel policies on the MyBizPlatform to ensure that the Authorised Users make their bookings in accordance with such corporate travel policies. The Client acknowledges that if any Authorised User has any clarifications/ query/ questions related to such corporate travel policies, the Client shall be responsible to address the same.

• Grant of Rights: Subject to the terms of this Agreement, MakeMyTrip grants to Client (and if applicable and agreed in the Order Form to its Affiliates) a non-exclusive, non-transferable, revocable licence, without the right to grant sublicenses, and to permit its Authorised Users to access and use the Services in accordance with the Agreement.
• Client Responsibility: The Client shall be responsible and liable for the acts and omissions of its Authorized Users and any Affiliate(s), including for any and all losses suffered or incurred by MakeMyTrip in connection with the acts or omissions of such Authorized Users or Affiliates.
• Usage Restrictions: Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties and unless expressly permitted elsewhere in this Agreement (including on an Order Form), Client shall not, and shall not encourage or permit any Authorised User or Affiliate without MakeMyTrip’s prior written approval and consent to:
  • Copy the Services, or any part of it, or create a database of content or of the output of the Services;
  • Remove, alter or hide any copyright, trade mark or other notice or code or identifier (including identifying codes associated with any content) on or forming part of the product or Services;
  • Create derivative works from or translate any part of the Services;
  • Distribute, publish, transmit or otherwise communicate any part of the Services to any third party or to the public generally, including by making it available via a file-sharing, time-sharing, service bureau or similar mechanism or by any other means whether presently known or unknown;
  • Adapt, modify, reverse engineer or tamper in any way with the Services or any part of it, or create a product that is competitive to the Services or a part of it;
  • Reconfigure or adjust any setting embedded within the Services, including any gateways, interfaces, or ports;
  • Sell, loan, transfer, sub-license, hire or otherwise dispose of the Services to any third party;
  • Decompile, disassemble, decode or reverse engineer the Services or any part of it or otherwise attempt to derive or gain access to their source code;
  • Attempt to circumvent any technological protection mechanism or other security or licensing compliance feature of the Services;
  • Create internet links to the Services or “frame” or “mirror” the Services in whole or in part, on any other server or device;
  • Use any algorithm, application, device, method, software or other automated tool or other means to access, copy, manipulate, or scrape data from the Services in any circumstances;
  • Introduce or allow any malware, viruses, trojan horses or other harmful or disabling code on to the Services and/or any of MakeMyTrip’s software or products;
  • Use the Services for any unlawful or unauthorized purpose or to facilitate any illegal activity including any infringement of a third party’s copyright or other Intellectual Property Rights;
  • Allow the Services to become the subject of any charge, lien or encumbrance.
• Legal Requirements: Client shall ensure that its use of the Services meets all legal requirements wherever it is used by Client and shall promptly notify MakeMyTrip of any legal requirements that may affect use of the Services or the operation of this Agreement.
• MakeMyTrip Assurances: MakeMyTrip will provide the Services in accordance with laws which apply to MakeMyTrip and its business and will perform its obligations under this Agreement with reasonable skill and care.
• Availability: MakeMyTrip shall use commercially reasonable endeavors to ensure that the Services are available to the Client, excluding downtime for regular or emergency maintenance. MakeMyTrip makes no representation or warranty that the Services will be available for access all the time, or at any time, on a continuous uninterrupted basis. MakeMyTrip’s sole obligation and Client’s sole and exclusive remedy is to request that MakeMyTrip effect delivery or reinstate Service as soon as is practically possible.
• Usernames and Passwords: MakeMyTrip may allocate usernames and passwords to Authorized Users which may not be shared, transferred, or utilized by another individual. Client must promptly notify MakeMyTrip if it becomes aware or suspects that any third party has obtained a password or accessed the Services, and MakeMyTrip may undertake the necessary steps and inform Client accordingly.
• Reasonable Instructions and Co-operation: Client shall comply with the reasonable instructions of MakeMyTrip in relation to use of the Services. Client shall provide all necessary co-operation to MakeMyTrip in relation to this Agreement and shall provide necessary access to such information as may be required by MakeMyTrip in order to provide the Services.

• In lieu of the Services provided by MakeMyTrip to the Client, MakeMyTrip shall charge a Service Fee as mutually agreed between the Parties in the Order Form. At the time of completing the booking on the MyBiz Platform, Client will receive a booking voucher from MakeMyTrip which will include details such as the Listing price (along with applicable GST) and the Service Fee (along with applicable GST). The Client shall refer to this booking voucher when making the payment for the booking on the MyBiz Platform.
• The Client understands that upon submitting the booking request on the MyBiz Platform, the Client authorizes MakeMyTrip, to facilitate travel reservations on its behalf, including making payment arrangements with the Primary/Client Contracted Service Providers. Any payments made on the MyBiz Platform for uploading the E-wallet associated to the User account or to make the repayment against the utilised credit through credit card/corporate card/debit card shall attract an additional 1.5% payment gateway fees, which shall be payable by the Client over and above the invoiced amount to MakeMyTrip.
• If outstanding payments are not paid in cleared funds by Client to MakeMyTrip by the due date for payment, without limiting any other rights it may have, MakeMyTrip may suspend the Client’s access to the Services in whole or in part on notice to the Client.
• MakeMyTrip only provides facilitation services for Flights/Hotels/Buses/Cabs bookings on the MyBiz Platform. The reports can be downloaded from the MyBiz Platform by the Client.
• Client acknowledges and accepts that in the event the services of any of the Affiliates of MakeMyTrip are facilitated on the MyBiz Platform, as per the provisions of this Agreement, invoices for the services of the Affiliate shall be raised on the Client by such Affiliate and Client shall be liable to honour such invoices.
• It is acknowledged and agreed between the Parties that, on Client's request, if the Services are extended by MakeMyTrip to the Affiliates of the Client, the accounting treatment of all such Affiliates shall be separate and individual; however, the ultimate payment liability shall be that of the Client and such respective Affiliate jointly and severally.

• MakeMyTrip will issue a GST invoice for its Service Fees and applicable GST. The Primary Service Provider will issue its separate GST invoice for the Listing Price and applicable GST. MakeMyTrip endeavours to provide GST invoices for all flights (except Air India, Alliance Air, Trujet, Flydubai, AirArabia, Scoot & other International LCCs) on the MyBiz Platform at the time of booking. For International LCC's Client needs to reach out to airlines directly via email communication on their designated email provided on the respective airlines webpage. Further MakeMyTrip arranges GST invoices of MyBiz assured Primary Service Provider's, cabs and buses on the MyBiz Platform at the time of check-in; in case of hotels and at the time of initiating the journey in case of cabs and buses. For Non-MyBiz assured Primary Service Provider's, MakeMyTrip may collect GST invoices on behalf of the Client at such additional fees as mutually agreed between the Parties in writing.
• The payments towards Service Fees under this Agreement would be subject to withholding tax (if required) as per applicable laws on the date of payment. The Party withholding the tax would be responsible for providing appropriate proof, certificate, documents, etc. to enable the other Party claim the benefit of the same. A Party may obtain an order for lower or NIL withholding tax from the appropriate authority. Such Party will immediately share the requisite order with the other Party to ensure that the amount of tax retained is in accordance with the order in force at the time of tax deduction.
• Each Party undertakes to provide other Party with necessary documents in such form and manner, as may be required under applicable laws from time to time, to prove the respective Party's compliance with the applicable tax laws. Any interest, penalties or recoveries from other Party by any authority on account of default by the respective Party will be solely borne by such Party on its own account.
• MakeMyTrip as the facilitator; Primary Service Provider or the Client Contracted Service Provider with respect to the services rendered in its individual capacity, would each be solely responsible for the compliance of all applicable laws including but not limited to legislations regarding goods and service tax, central, state or local levies with respect to payment of tax, duties, levies, charges, cess, etc. MakeMyTrip shall not undertake any responsibility for any taxation liabilities, costs, interests and penalties that the Client may incur as a result of non-compliance by the Primary Service Provider or Client Contracted Service Provider.

• The Client acknowledges and agrees that MakeMyTrip and/or its licensors at all times, retain all rights, interest and title in the Services and the MyBiz Platform including but not limited to all and any derivatives, customizations, and improvisations or any part or portion thereof. Except as expressly stated herein, this Agreement does not grant the Client any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trad marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the MyBiz Platform. MakeMyTrip confirms that it has all the rights in relation to the Services and the MyBiz Platform that are necessary to grant all the rights or licenses it purports to grant under, and in accordance with, the terms of this Agreement.

• Each party receiving Confidential Information (“Receiving Party”) from the other party (“Disclosing Party”) shall: (a) use the Disclosing Party's Confidential Information solely for the purposes of fulfilling its obligations under this Agreement; (b) keep the Disclosing Party's Confidential Information secure and take no lesser security measures and degree of care to protect the Disclosing Party's Confidential Information than the Receiving Party applies to its own confidential or proprietary information (but not less than reasonable care); and (c) not disclose the Disclosing Party's Confidential Information to any third party except with the prior written consent of the Disclosing Party or in accordance with this clause.
• Upon the expiry or termination of this Agreement, each party will promptly return or destroy the relevant Confidential Information of the other and any copies, extracts and derivatives of it, except as otherwise set out in this Agreement.
• The Receiving Party may disclose Confidential Information of the Disclosing Party:
  • the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure; and
  • to its Affiliates and to the Disclosing Party’s Affiliates, and to its and the Disclosing Party’s professional advisers and, to the extent required to provide the Services, to its third party suppliers.
• Each Party acknowledges that its breach of this clause may cause irreparable injury to the Disclosing Party for which monetary damages may not be an adequate remedy. Accordingly, the Disclosing Party will be entitled to seek any legal or equitable remedies in the event of such a breach by the Receiving Party. The operation of this clause shall survive the termination or expiration of this Agreement.
• Feedback: Client acknowledges and agrees that MakeMyTrip may use any suggestion, enhancement request, recommendation, idea, correction or other feedback provided by Client or Authorized Users from time to time and compile statistical and other information related to the performance, operation and use of the Services and the information contained in them for security and operations management or for research and development purposes or other business purposes. Client assigns to MakeMyTrip by way of assignment of present and future rights all right, title and interest to all feedback and ideas or suggestions contained in it.
• Publicity: MakeMyTrip may identify Client by name as a customer of the Services on websites, marketing materials, and other publications or public media; provided MakeMyTrip provides prior written intimation to Client for each instance of such use.

• The Client agrees and understands that MMT is a ‘Data Processor’ under the Digital Personal Data Protection Act, 2023 and the Client is acting in the capacity of a ‘Data Fiduciary’ acting on behalf of the Users who are ‘Data Subjects’ to get their consent in order to process their personal data for the purposes of MMT performing its facilitation Services on the Platform. The detailed process followed by MMT in regards to Data Processing is provided in the Privacy Policy.
• MakeMyTrip shall ensure that it will periodically review its security and compliance programs and maintain the security of its operations centre in accordance with industry standard, security protections and procedures such as ISO 27001 to ensure the confidentiality, security, availability and integrity of the Client/Authorised User data.
• MakeMyTrip reserves the right to upgrade, modify, replace, improvise or reconfigure the MyBiz Platform at any time, with or without notice to the Client provided, it will not impact the basic functionality of MyBiz Platform and the delivery of the Services as required under this Agreement.
• The Client shall (a) at all times be solely responsible for procuring, maintaining and securing its network connections, system and taking all precautions to prevent any unauthorised use of the MyBiz Platform and/or Services; (b) use its own infrastructure and equipment(s) for accessing the MyBiz Platform; (c) maintain and use appropriate and up-to-date virus protection procedures and software on the equipment used to access the MyBiz Platform; (d) be responsible for all problems, conditions, delays and delivery failures and all other loss or damages arising from or related to the Client’s network connections, system and equipment.

• To the fullest extent permitted by law, and as mutually agreed between the Parties; MakeMyTrip provides the Services and the MyBiz Platform on an “as is” basis and makes no warranty, representation or undertaking that the Services will be:
  • free or substantially free of errors or be uninterrupted or
  • meeting Client’s requirements.

MakeMyTrip will use commercially reasonable efforts to ensure that the Services do not, to its knowledge, contain computer viruses, malware, or code, files or programs designed to damage or obtain unauthorised access to data or other information of the Client.

• MakeMyTrip does not give any representation or warranty with respect to any aspect of any third- party suppliers' services or of the Primary or Client Contracted Service Providers. In the event of Primary or Client Contracted Service Providers default with respect to all or any part of their services, the Client's sole recourse shall be with such Primary or Client Contracted Service Providers.
• MakeMyTrip makes no express warranties, representations or undertakings other than those expressly set out in this Agreement concerning the Services, and Client acknowledges that it has relied on no other warranties in deciding to enter into this Agreement, whether by MakeMyTrip or anyone on its behalf.

• Subject to clause 9.2 below, each Party shall indemnify, hold harmless and defend the other Party, its officers, employees and directors from and against all claims, demands, suits, judgments, expenses, liabilities and losses (including all reasonable attorney fee) arising out of or in connection with (i) any third party claim, demand or action alleging that the Services as provided by MakeMyTrip, infringes any Intellectual Property Rights of a third party; (ii) breach of applicable laws; (iii) breach of the Agreement; (iv) breach of any representations or warranties; and (v) fraud, gross negligence or wilful omission by the other Party.
• The indemnified Party shall promptly notify the indemnifying Party of any and all threats, claims, and proceedings related thereto, and is provided with reasonable assistance and the opportunity to assume sole control over the defence, and settlement of such claim(s), by the Indemnifying Party.
• The Client understands that should any part of the Services become, or in MakeMyTrip’s opinion is likely to become, the subject of a claim, action or demand MakeMyTrip may, as Client’s sole and exclusive remedy, either: (a) procure for the Client the right to continue using the Services; (b) replace or modify the Services so that it becomes non-infringing; or (c) suspend or terminate Client’s rights to the Services.