DESCRIPTION OF SERVICE
The Company documents the itinerary of the tour on the website several months in advance. Naturally, the content of the website describes the then available services as accurately as possible. However, factors and circumstances beyond its control like traffic problems, weather conditions, fairs, festivals, sport events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants, overbooking of hotels/flights, cancellation/ re-routing of flights or railway, closure of / restricted entry at a place of sight seeing may result in changes in the services / itineraries. The Company therefore, reserves the absolute right to alter, amend, change or modify the Tour Package, Itineraries, Tour Schedule, the Travel Plan and sightseeing. If the changes are known sufficiently in advance the same would be notified to the Client, otherwise the Tour Managers would inform the Client of the changes on the spot.
In case the alternate arrangements made are materially superior as compared to the ones described in the Website, we may charge extra for the same anytime. The services to which the Client is entitled to are described in the Website and/or the price grid or the concerned Invoice as the case may be. Please note that staff members / agents are not authorised to promise any service or facility over and above the mentioned ones.
INFORMATION POSTED ON OUR WEB SITE
Although, we have taken all precautions and care to provide accurate data and information on the site, the Company, and its representatives, employees, management, affiliates, partners, offices, branches however do not take any responsibility for the correctness or accuracy of the content. The information, products, material, maps, graphics, images, names, addresses, particulars, links etc. provided or available on any of the pages are given in good faith and may contain inaccuracies or typographical errors, which is regretted. In no event will the Company be liable for any direct, indirect, punitive, incidental, special, consequential damage or any damages whatsoever anyway connected with the use or performance of its website www.indiatravelplanner.in therefore disclaims all related warranties and conditions.
Maps related to various tours & itineraries are only in a sketch form and not to be measured. In no event will the Company be liable to the user/ viewer for any damages or losses, including without Limitation, Indirect, Consequential, Special, Incidental or Punitive damage resulting from or cause by, or it’s public posting, Bulletin boards, its content or any errors or omissions in the content of www.indiatravelplanner.in, even if advised of the possibility of such damages. The Company hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. The Company considers itself and intends to be subject to the jurisdiction only of the courts of New Delhi, India.
www.indiatravelplanner.in reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof without notice of any kind. You agree that www.indiatravelplanner.in shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Our Site may contain links to third party web sites not under our control or operation. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content, availability, advertising, products, goods, information, services, materials or any aspect of any linked site or any link contained in a linked site. You further acknowledge and agree that www.indiatravelplanner.in and its subsidiaries and affiliates shall not be, directly or indirectly, responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked site(s) or any goods, products, services, information, materials available through such sites.
INTELLECTUAL PROPERTY RIGHTS
Our Site and all intellectual property rights included in or related to our Site(s) (including but not limited to copyrights, trademarks and service marks, as well as text, graphics, software and all codes and scripts in any format used to implement our Site) are owned or licensed by us, and all right, title and interest in our Site and such intellectual property rights remain our exclusive property. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, de-compile, disassemble, modify or create derivative works with respect to our Site. Certain content is licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on our Site or its content. If you download material displayed, you must retain all copyright and other proprietary notices displayed on the materials.
We shall own and retain all right, title and interest in and to any intellectual property rights related to the manufacture or configuration of the products developed with and/or sold to you to you unless we agree otherwise in writing. Nothing in this Agreement shall be construed or interpreted to entitle you to claim any rights or to convey to you any implied license in respect of any custom items design for you, or any of our specifications, designs or other intellectual property rights in the items not expressly provided for in this Agreement.
DISCLAIMER OF WARRANTIES
You Expressly Agree and understand that:
You use this site at your own risk. The Service is provided on an “as is” and “as available” basis. Any material downloaded or otherwise obtained through your use of our site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that may result from the downloading of such material. www.travelplanners.com disclaims any and all warranties or conditions of any kind, express, implied or statutory. We do not warrant or represent that the content on the site www.travelplanners.com or the materials, information, or functions made accessible or usable by the software used or accessed through the site www.travelplanners.com will be accessible or usable at any particular time or for any breach of security associated with the transmission of sensitive information through our site or any linked site. We also do not guarantee continuous uninterrupted or secure access to our services and operation of our site may be interfered by numerous factors outside of our control.
LIMITATION OF LIABILITY
Our contracts rwith certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of our Site caused by our supplier’s performance or lack of performance of the maintenance work to keep our Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet Infrastructure and Network external to www.indiatravelplanner.in. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OUR SITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, INCLUDING CONTRACT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. The limitations of liability provided in this Agreement includes to the benefit of www.indiatravelplanner.in its subsidiaries, affiliates and to their respective officers, directors, shareholders, members, employees and agents.
TOURS IN INDIA
In the event of the Company exercising its rights to amend or alter any Tour or holiday advertised in their Brochure/ itinerary after such Tour or Holiday has been booked, the Client shall have the right:
To continue with the Tour or holiday as amended or altered;
Or to accept any alternative Tour or holiday, which the company may offer.
In either of these above cases the Client shall not be entitled to or the company shall not be liable to the client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund.
In the event that the Company is unable to conduct a particular Tour, the Company shall at its own discretion, refund the amount of the cost of the said Tour to the Client (after deducting the actual expenses incurred by us on your booking and other overheads as applicable from case to case) without any interest on the same. The Client will not be entitled to make any grievance thereafter in respect of the same.
The Company shall, in no circumstances whatsoever be liable to the client or any person travelling with him for:
Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any kind of theft howsoever caused;
Any act, omission, default of any independent Contractor or other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the client or for any person traveling with him howsoever caused.
The temporary or permanent loss of or damage to baggage or personal effects howsoever caused including willful negligence on the part of any person.
Loss of baggage by the airlines / coach / cruise / train.
Overbooking of seats by the airline.
Failure on the part of airline to accommodate passengers despite having confirmed tickets or change of route.
If in the event that the Client is booked on a particular airline and the said flight is over booked/cancelled for whatever reason and the Client is not allowed/able to board the flight, the Client shall not hold the company responsible for the same and no claim whatsoever can be made by the Client against the company for refund or compensation.
The Company shall not be responsible and / or liable for any damages caused to the Client due to reasons beyond the control of the Company (Force Majeure / Vis Majeure).
In any case, no liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.
Any arrangement made by www.indiatravelplanner.in, if being cancelled would attract the following cancellation charges;
(Persantage of Tour Cost and airline cancellation charges as applicable)
(i) Above 60 days prior to arrival date – 10% of Invoice value
(ii) 60-45 days prior to arrival date – 15% of Invoice value
(iii) 45-30 days prior to arrival date – 25% of Invoice value
(iv) 30-15 days prior to arrival date – 50% of Invoice value
(v) Less than 15 days prior to arrival – 100% of invoice value
The communication transmitted to the mailing address / email address of the Client on record shall be deemed to have been communicated to the Client. All communication from Client to the Company has to be in writing.
In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance to the contrary is published.
The Clients on an escorted tour must communicate grievance if any, to their Tour Manager in writing immediately, and the unescorted the Clients, any grievance should be communicated to us by telephone at the Registered Office of the Company on telephone number +91 124 4217800 and a written version should be faxed at 91 11 25631372 or email to us at firstname.lastname@example.org as immediately as possible, so that the Company can take up the matter with the Independent Contractor and has the chance to seek corrective measures then and there.
If you have any suggestions, which you might want to share with us, do write in to us at email@example.com and we will endeavor to incorporate them.
LAW & JURISDICTION
Law prevalent in India is applicable and as a part of the cause of action arises in Delhi and the Company has its Registered Office in Delhi, it is agreed between the parties that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in a court / forum / tribunal in Delhi alone having jurisdiction to decide the matter.