Agreement between User and Touristica India Private Limited (TIPL)
This Website / Mobile application is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices which are subject to amendment without any notice. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and abide by them if you choose to use the sites, pages or services to which they apply.
Personal and commercial use limitation:
This Web site is for your personal and commercial (for authorized travel agents) use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website/Mobile application.
Links to third party sites: -
This Website / Mobile application may contain links to websites operated by parties other than TIPL. Such links are provided for your convenience only. TIPL does not control such websites,and is not responsible for their contents under any circumstances. TIPL's inclusion of links to such web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Your correspondence or business dealings with or participation in activities such as but not limited to promotions found in or through such websites are solely between you and such parties. You agree that TIPL shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such links on TIPL website / Mobile application.
No Unlawful or Prohibited Use
As a condition of your use of this Website / Mobile application, you warrant to TIPL that you will not use this Website / Mobile application for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Software available on this web site: -
Any software that is made available to download from this Web site ("Software") is the copyrighted work of TIPL and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, TIPL hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all Source code contained in this Web site, is owned by TIPL and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of INDIA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to INDIAN export restrictions.
Online bookings: -
TIPL has made this facility available to you as a value-added service. Using this service, you can make your online booking/booking request for booking various services offered by TIPL. Your booking request will be processed for confirmation of prices and availability of services requested by you. Only on confirmation to you about the prices and availability, TIPL will be bound to provide you the requested services subject however to you making full payment and complying with the relevant terms and conditions. Any correspondence with, you prior to TIPL aforesaid confirmation, will not be treated as any acceptance of your request. The online booking of the products and services made available through this website is subject to availability and solely at the discretion of TIPL and/or its respective suppliers. Please ensure that all information given by you while booking is correct. For security reasons and to be able to advice you of any developments affecting your travel we need to be able to contact you by telephone and email and to have your correct address on record .If any or all of these contact details are not correctly given by you, we reserve the right to cancel the transaction at your risk and cost. The right to access and transact on the website / Mobile application is reserved as is the right to use any particular credit card/ Debit card/ UPI/ Net Banking on the site for payment purposes only.
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.
GENERAL TERMS AND CONDITIONS: -
The Terms and Conditions prescribed for regulation of Online Tour and Holiday booking facilities by TOURISTICA INDIA PRIVATE LIMITED (TIPL) as The Company.
1.BOOKING OF HOLIDAY PACKAGES:
a) Your contract in respect of your holiday is made with Touristica India Private Limited(‘the Company‘), registered in Oman and all bookings are subject to these terms and conditions.
b) All communications by TIPL in relation to your holiday will be sent to the address stated on the booking form.
c) All bookings must be made through an authorised representative of TIPL. At the time of booking TIPL booking form must be completed and submitted together with a deposit of 100% of the total cost of the booking.
d) Receipt of the deposit and booking form by TIPL does neither guarantee nor imply confirmation of the booking. No booking shall be confirmed until TIPL issues a written notice. TIPL reserves the right to refuse a booking without giving any reason and shall in that event return any deposit received without any interest.
e) Your holiday must be paid in full at least 30 days before the departure date. If payment is not received by the due date, TIPL reserves the right to cancel the booking. The person who signs the booking form guarantees payment of the total amount shown on the booking form in accordance with these conditions. It is the responsibility of the signatory to ensure TIPL receives payment in full by the due date. No reminders will be sent.
f) If you book within 30 days of your departure date payment must be made in full at the time of booking.
g) All special requests, such as dietary requirements, should be noted on the booking form.
h) TIPL will provide the service as set out and confirmed in writing.
2.PRICE POLICY:
a) TIPL is under no obligation to furnish a breakdown of the costs involved in a holiday.
b) TIPL reserves the right to notify you of any increase in price before accepting your booking
c) After a Confirmation Invoice has been issued, unless you choose to pay for your holiday in full at the time of booking, the price of your holiday is subject to the possibilities of surcharges in certain limited circumstances. However, a surcharge will only be levied to allow for variations in transportation cost, including cost of fuel, increase in normal published airfares, taxes or fees chargeable for services such as landing taxes at airports, the exchange rate applied to the particular package or if the government or regulatory body introduce an increase of taxes. Even then, TIPL will absorb an amount equal to 2% of your holiday price (excluding insurance premiums and amendment charges) before passing on any surcharge to you. Only amounts in excess of this 2% will be surcharged. Surcharges will be notified by a revised Confirmation Invoice sent to you
d) If a surcharge would increase the total holiday price shown on your original Confirmation Invoice by 10% or more, you may cancel your booking within 14 days of the date of issue of the revised Invoice and obtain a full refund of all payments made to TIPL and any amendment charges previously incurred.
e) Optionally, you may choose to pay for your holiday in full at the time of booking, in which case your holiday price will be fixed at the cost quoted by TIPL at the time. To qualify for this benefit you should return the Confirmation Invoice to TIPL with full payment to reach TIPL within 7 days of the date printed on the Confirmation Invoice
3. CANCELLATION AND CHANGES BY THE COMPANY:
a) Occasionally it may be deemed necessary to make changes to your holiday and TIPL reserves the right to do so at any time, and you will be notified of any changes at the earliest possible opportunity. If a major change to your tour is necessary, providing it does not arise from circumstances beyond TIPL’s control, you may choose (i) to accept the change of arrangements (ii) to purchase another holiday from us or (iii) to cancel your holiday. Compensation may be payable in cases of major change as detailed below.
b) No compensation will be payable for minor changes. Minor changes include minimal changes to departure and arrival times, changes to the type of aircraft used and restaurant and accommodation changes to a comparable or superior standard.
c) Major changes include cancellation, changes to airport, delays in departure or return by more than 12 hours and accommodation changes to an inferior standard of accommodation.
d) Compensation will not be paid for changes or cancellations caused by Acts of God (Force Majeure), war, threat of war, riot, civil strike, industrial dispute, terrorist activity, natural or man-made disaster, fire, technical problems to transport, closure or congestion of airports, strikes or other industrial action, adverse weather conditions or any other event beyond TIPL’s control. It is essential that you take out adequate travel insurance.
e) TIPL reserve the right to cancel your holiday at any time before the date of departure, even after a confirmation notice has been sent. If your holiday is cancelled TIPL will refund in full the money you have already paid. No compensation will be payable.
f) Transportation is subject to the conditions of carriage of the carrier, some of which may limit or exclude liability. These conditions are often the subject of international agreement between countries and copies of the conditions, which apply to your holiday journey, will normally be found on the carrier’s tickets.
g) If you fail to pay the balance of the holiday price at least 30 days before departure, TIPL will treat the booking as cancelled and levy the cancellation charges set out below.
h) TIPL also has the right to refuse any person as a member of the tour, if in their opinion that person could endanger the health, safety and enjoyment of others on the tour. In any of the events mentioned above, TIPL’s sole liability and the client’s sole remedy will be limited to a refund of any monies paid, less the amount for services already utilised plus administrative fees.
4. CANCELLATION AND CHANGES BY THE CLIENT
a) You may cancel your holiday at any time providing you notify TIPL in writing. The following charges will be levied on any cancellation:
30 days or more 50% of Depositbr
30 - 0 days 100% of Tour Cost
b) After the itinerary is confirmed, the client is permitted free of administration charges one set of amendments, though will be liable for any added cost this may add to the tour, including airline charges, hotels etc. Any further modifications, which are instigated by the client, will be charged extra which is exclude to Tour package price. And TIPL will charge 2% extra of the package cost as convenience fees which is also exclude package cost.
5. OUR RESPONSIBILITIES
a) TIPL does not own or manage the aircraft, accommodation, restaurants and other facilities used in conjunction with the tours arranged. While TIPL has exercised care in selecting providers of travel, accommodation, restaurants and other facilities, TIPL have not had the opportunity to inspect and do not represent that such aircraft, accommodation, restaurants, and other facilities and services have been inspected.
b) TIPL is not responsible if you or any member of your party suffer death, illness or injury as a result of any failure to perform or improper performance of any part of our contract with you where such failure is attributable to (i) the acts and/or omissions of any member of the party, or (ii) those of a third party not connected with the provision of your holiday, or (iii) an event which neither TIPL or the service provider could have foreseen or prevented even with due care.
c) Should any member of your party suffer illness, injury or death through misadventure arising out of an activity, which does not form part of the holiday TIPL has arranged for you TIPL cannot accept liability. TIPL will offer general assistance where appropriate.
d) TIPL regret that no refund will be made on unused tickets where travel, sporting event or other types of ticket, unless a refund can be obtained from the carrier or provider.
e) TIPL shall not be liable or compenset for any services which is to be provided by the service provider such as Hotel, Flight, Cruise, Cab, Bus, etcetera as TIPL do not own any company providing the services. TIPL shall try to manage the situation and try other service provider for your hassle free holiday package.
6. CLIENTS RESPONSIBILITIES:
a) You are responsible for arranging your own travel insurance, though an appropriate policy can be incorporated into your tour package. Details of all insurance policies held by each member of your party must be provided on the booking form. No booking forms can be accepted without sufficient proof that personal policies have been arranged. Please ensure that your insurance cover applies to the specific activities you are booking and which are confirmed on the Confirmation Invoice.
b) Each member of the party must have a valid passport, visas and all necessary documentation for the countries they are touring. TIPL accept no responsibility for any delay or expense should your documents not be in order.
c) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. TIPL cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit of refunds will be given for lost, mislaid or destroyed travel documents.
d) By booking a holiday with TIPL you undertake to behave in an orderly manner and not to disrupt the enjoyment of others on holiday with you nor to do anything to bring the reputation of TIPL into disrepute. If you breach this clause your holiday will be terminated with immediate effect and TIPL will have no further contractual obligation to you. TIPL will be entitled to recover from the offending party and/or the person who signed the booking form compensation for any damage caused.
e) It is the responsibility of the person who signs the Booking Form to disclose any pre-existing medical conditions that members of their party may have.
f) All equipment and personal effects shall be all times and in all circumstances at the owner’s risk. TIPL cannot accept responsibility for any loss or damage or delay to your luggage or effects unless directly caused by the negligence of one of our representatives.
7. SMOKING:
TIPL forbids smoking in any vehicle operated by TIPL. Frequent stops can be arranged for those who desire to smoke. All accommodation will be reserved with non-smoking rooms, unless the client specifically requires a smoking room. Confirmation is depending on hotel availability.
8. DISCLAIMER:
TIPL has made all reasonable efforts to check the accuracy of the information contained in our website/Mobile application. TIPL cannot however accept any responsibility for any errors or omissions that may appear in this site.
9. COMPLAINTS AND GRIEVANCE:
a) If you have a problem during your holiday, please inform the relevant airline, hotel, local agent of other suppliers immediately so that they can endeavour to put things right. If you cannot resolve the problems, you must contact TIPL office Call or Email - grievance@touristicaindia.com so that they are given an opportunity to help. TIPL will not hold themselves responsible for the non-performance of an itinerary through causes beyond their control or when they are not notified of a problem at the point where remedial action can be taken. In the unlikely event that a complaint cannot be resolved at the time, your should write to TIPL within 28 days of returning home, giving your original booking reference number and all other relevant information. If you fail to take any of these steps you will hinder TIPL’s ability to put any problem right and/or investigate it fully and any right you have to receive compensation will be reduced or completely invalidated.
b) Any dispute that may arise will be governed by Indian law and both parties shall submit to the jurisdiction of the Indian Courts.
c) All information given by TIPL whether in writing or orally is to the best of TIPL’s knowledge and believed correct at the time given and is given in good faith. The booking conditions shall take precedence over any other warranty or condition that may have been given.
