The Terms and Conditions prescribed for regulation of Online Credit Card Payment facilities by TOURISTICA INDIA PRIVATE LIMITED (TIPL)
1.1. "Foreign Agent" means any tour operator/ travel agency/ person who desires to pay for the ground handling services which has been/ will be booked off line as per terms and condition of the Performa invoice/ contract/ email correspondence with Sita for their clients/ themselves using the online payment facility over the Payment Gateway.
1.2. "Merchant" means any person who owns or manages or operates the Merchant Establishment through a physical establishment and/or a website www.touristicaindia.com / Mobile application.
1.3. "Facility" means, providing online payment facilities to Foreign Agent, who agrees to the terms and condition set forth in this document. Standard of facility means, facility with reasonable care and skill. Service Hours: 24 Hrs a day.
2. These Terms and conditions form part of the contract between the foreign agent and TIPL
3. The provider of the Payment Gateway shall validate the Credit Card / Debit Card/ or any online fund transfer details as per requirements provided by the Foreign Agent during the course of a transaction.
4. This facility shall be provided at the discretion of TIPL which reserves the right to add, revise, suspend in whole or in part any of the facility provided by it, without any notice and it shall be binding on the Foreign Agent. By using the facility, the Foreign Agent shall be deemed to have accepted these Terms and Conditions.
5. The Foreign Agent is aware that in case of online payment over the Payment Gateway, the Foreign Agent will not sign the charge-slips at the time of making the payment though the Payment Gateway. Accordingly, the Foreign Agent accepts that, in the event of any dispute regarding the authenticity or validity of such a payment, for any reason whatsoever, the Foreign Agent shall continue be liable to pay the outstanding amount of TIPL for the services booked/ utilized.
6. TIPL has no obligation to verify the authenticity of any payment made from the Foreign Agent account while using the facility.
7. GOVERNING LAW AND JURISDICTION:
The provisions of these Terms and Conditions shall be governed by, and construed in accordance with Indian law. All disputes, if any, arising out of or in connection with, or as a result of this Terms and Conditions or otherwise relating hereto, shall be subject to the exclusive jurisdiction of the competent courts/tribunals in KOLKATA, West Bengal only.
8. SEVERABILITY:
If any one or more of the terms and conditions mentioned here are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining terms and conditions will be unimpaired and will remain in force and effect.
9.DISCLAIMER:
Foreign Agent shall not hold TIPL, responsible for any kind of incorrect details furnished by him or her during online payment made.
10.RIGHTS GRANTED:
The Foreign Agent hereby acknowledges and agrees that any rights not expressly granted herein are reserved by TIPL
11.CHARGES:
The customer using this facility for making online payments to TIPL, will be charged convenience fees as applicable, the details of which will be displayed at the time of inputting the payment mode and card number on the gateway. Taxes as applicable will be lived on the convenience fees.
In ADDITION the extra Payment Gateway changes shall be paid by the customer only which is exclusive of HOLIDAY PACKAGE price.
12.CANCELLATION:
Any cancellation of services for which payment was made by the Foreign Agent / Foreign Tourists/ Indian Tourists using the online payment gateway / Online Fund Transfer is subject to the terms & conditions agreed with the Merchant. (See Booking Terms and Conditions Sections)
13.REFUND:
Any payment made by the Foreign Agent using the Online payment gateway/Bank transfer cannot be refunded under any circumstances. If cancelation process is initiated after 21 days from the date of journey 100% payment made shall be forfeited.
If the cancelation is initiated before 30 days 50% of package payment i.e the un-adjusted amount can be used as advance against future services availed by the Foreign Agent for their clients or themselves. For NON TRAVEL AGENCY(s) or Indian / Foreign Individual(s) / Non- Tourism Company/ Organizations/ Institutions, no refunds shall be made if cancelation process is initiated after 30 days from the date of journey (s) and 50% refund shall be made if cancelation is initiated before 30 days from the date of journey. (See Booking Terms and Conditions Sections)
14.LIABILITY:
TIPL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
