Trip Navigator - Pioneering Corporate Travel & Events.
Terms And Condition Policy
Welcome to the Trip Navigator.com website, including related applications (collectively, this "Website"). This Website is provided solely to assist customers/users in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums, and searching for and booking travel reservations, including but not limited to, flights, hotels, packages, events, merchandise, team building activities, etc. and for no other purposes. The terms "we", "us", "our" and "Trip navigator" refer to Trip Navigator Private Ltd, and our corporate affiliates and websites (collectively, " Trip navigator "). The term "you" refers to the customer or clients or users or partners visiting the Website and/or contributing content on this Website or the products and services offered through this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this web-site in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this web-site after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement. Trip Navigator shall provide Your travel-related information, pricing, availability and reservations for airlines, hotels, railway, MICE packages, bus, merchandise, team building activities, hiring of artists or performers for your events/conferences, car rentals & events across cities and rural areas throughout India and abroad (Service/s or Trip Navigator Services).
The Services are provided by independent entities that own or operate airlines, surface transportation, hotels, restaurants, kitchen caravans, caterers, ships and cruises, places of entertainment like theme parks, museums, art galleries etc. or vendors organising the lighting, sound, set-up, decor, screens, artists, performers, etc. ("Service Providers").
Though it is Trip Navigator's best endeavour to select reputed Service Providers after we inspect their facilities, infrastructure, etc.; however, we have no direct control over such services or the Service Providers or their staff. Notwithstanding anything contained herein, Trip Navigator shall not be held responsible or liable in the event any contemplated service is not provided by the Service Provider or there is a defect or deficiency in the services provided by any Service Provider. Consequently, any delay injury, death, loss or damage to the Client/ Users on the above account, does not render us liable to the Users who have chosen us as organisers. However, in case a Client is not satisfied with a particular Service, we can take up the matter with the Service Provider if we are intimated immediately as per the process described in these terms and conditions.
Similarly, we do not take responsibility for any act or omission of co-travellers or third parties, if it results in injury, damage or danger to the life/limb or property of any Client. In the event of booking of any third party tours or travel products or services like cruise, flights, coaches, sightseeing etc, the terms and Conditions specified by such Service Provider, including their payment schedule, cancellation, refund etc. shall be applicable, in addition to our Terms and Conditions.
These terms and conditions shall be considered to be an integral part of the User Agreement that constitutes a binding contract between you, the User, and Trip Navigator, with regard to the use of various Services that are provided by Trip Navigator. All tours are subject to prevailing laws, rules of reserve bank of India and Government of India. The User Agreement may, as specifically mentioned therein, override the provisions contained herein. Rights of admission to the tour are expressly reserved and shall be subject to the said User Agreement. Trip Navigator is not a booking agent or tour operator, and does not charge any service fees to users of the Website. Our partners (airlines, hotels, merchandise providers, artists, team building activity organisers, etc) who list airfare, hotel prices, professional fees and other related packages, etc on Trip Navigator are required by law to include all fees and surcharges in their listed prices.
Furthermore, Trip Navigator makes no guarantees for availability of prices advertised on the Website. Listed prices may require a stay of a particular length or have blackout dates, qualifications or restrictions, etc. Though Trip Navigator makes its best efforts to ensure that the entire process remains as transparent and clear and the clients/customers receive the services and products equivalent to what is listed on the Website, however, in the event of any deficiency in the said services or products whatsoever, Trip Navigator cannot be held liable for the same.
In the terms and conditions set out in this Agreement, the following terms shall, unless contrary to the context, have the meaning specified.
In the terms and conditions set out in this Agreement, the following terms shall, unless contrary to the context, have the meaning specified.
Booking Documents" or "Booking Form" shall mean and include all the Tour related documents and also include the Itinerary pertaining to the Tour.
"Cancellation Policy" means and includes all the cancellation charges levied by Trip Navigator or the Service Providers from time to time, third party cancellation charges etc. as more particularly described herein below or any other documents.
"Client" means and includes the user of these services or the members/representatives/employees of the users for whom these services are being availed through Trip Navigator. It also includes persons intending to purchase or inquiring for any products and/ or services of Trip Navigator by using Trip Navigator's websites or using any other customer interface channels of Trip Navigator. It also includes each Tour Participant or representative of the user interacting or managing the Tour for and on behalf of the Tour Participants.
"Contractor" / "Supplier" means suppliers or contractors of any infrastructural facility and shall include hotel managements, airlines, caterers, restaurants, places of entertainment like theme parks, museums, art galleries etc shipping company, railway, ferry, cruise, artists, performers, team building exercises organisers, vendors, drivers, etc who are to provide the services to the Client.
"Infant" / "Child" mean respectively a person below the age of two years and a person more than the age of two and below the age of twelve years.
"Itinerary" means printed Itinerary, Website, leaflets, booklet, invoice, waiver and release agreements, travel vouchers, other related documents, MICE details etc.
"Jurisdiction" means the geographical area over which a court or government body has the power and right to exercise authority. Parties hereto agree to confer exclusive Jurisdiction to Mumbai Courts / Forums.
"MICE" means meetings, incentives, conferences and exhibitions organised by Trip Navigator in collaboration with its Partners customised to the needs of the Client.
"Tour" means the travel plan itinerary, as detailed under the User Agreement, which shall be availed and organised by Us customised to suit your convenience and requirement. The users are free to customise the same by using the Website and the final detailed Itinerary mentioning the inclusion and exclusions thereto shall refer to Tour.
"Tour Cost" means the tour cost mentioned in the Itinerary's / online and other payments such as taxes, surcharges etc payable by the Client to Trip Navigator or in certain cases directly to the Service Providers.
"Tour Participant"" means and includes all persons who are participating in the Tour. Tour Participant shall include all travellers on Tour.
"Partners" means and includes the Service Providers including but not limited to hotels, artists, merchandise providers, airlines, event management companies, artist management companies, other related vendors, MICE operators, etc.
"User Agreement" shall be the definitive agreement entered into between the Client and Us on case to case basis detailing the specific services rendered for each Tour planned and organised by Us.
"VISA" means a Certificate issued or a stamp marked (on the applicant's passport) by the immigration authorities of a country to indicate that the applicant's credentials have been verified and he or she has been granted permission to enter the country for a temporary stay within a specified period.
"We" / "Us" / "Company"/ "Trip Navigator" means Trip Navigator Private Ltd, incorporated as per the provisions of the Companies Act, 1956, having its registered office at F 15 Lokmanaya Pan Bazaar, Everad Nagar, Sion east Mumbai- 400 022
"Website" means www.Trip Navigator.in
"Web pages" means pages on the Website www.Trip Navigator.in
"You" means the person / s in whose name and / or whose behalf the Booking is made. Alternatively, the reference may be made in the third person as "Tour Participant" / "They"/ "Client" / "Them" / "His" / "Her"/ "Your".
SCOPE OF ACTIVITY
Trip Navigator is a travel and event organizer. We do not own/control/operate any Airline, Cruise lines, Railways, Coach Company, light or sound equipment, catering services, Hotel or any other independent contractor or Service Provider in relation with Services mentioned on this Website or in its Itinerary. Though we select all the ingredients, independent contractors, Service Providers for your Tour with due care we cannot assume responsibility for delay, deficiency or default if any in the Services of such independent contractors, Service Providers, their management or staff leading to any injury/death/loss/damage to property or any such eventuality which do not fall within the scope of our normal selection and inspection process whilst engaging them. We are also not responsible for delay or deficiency in Services of all independent contractors/Service Providers that may be borne out of any act or actions of co-traveller, co-our participant which may result in Tour Participant not availing some or all Services on the Tour as per Itinerary.
MODIFICATION OF TERMS
We reserve the right to change the terms, conditions and notices under which the services are offered through the Website/Itinerary, including but not limited to the charges for the services provided through the Website/Itinerary. The User shall be responsible for regularly reviewing these terms and conditions.
DESCRIPTION OF SERVICES IN THE WEBSITE/ITINERARY
We strive to make the contents of the website/Itinerary as accurate as possible and publish/print it much ahead of actual travel period. It describes services/amenities that are available under normal circumstances. However, factors and circumstances beyond our control like traffic problems, weather conditions, fairs, festivals, sport events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants, over booking of hotels/flights, cancellation/ re-routing of flights or railway, closure of / restricted entry at a place of sight seeing can affect the availability of Services and necessitate change of routes/ Itineraries. It may even necessitate stay in hotels in alternate city (ies) or away from the one mentioned in the Itinerary or under the User Agreement.
While every effort is made to maintain our services and follow the schedule as per the Itinerary, in few unavoidable instances, we reserve the absolute right to alter, amend, change or modify the tour package, Itineraries, tour schedule, the travel plan and sight seeing and the like. Where we come to know of the changes/events sufficiently in advance we will notify you during booking or prior to departure. Otherwise our tour managers or local representative/s will inform you of the changes on the spot and we solicit your full co- operation in accepting such circumstantial changes. Therefore no grievance regarding any Itinerary/Service change which we are constrained to make, will be entertained from the Tour Participant during or after the tour.
We will make reasonable efforts to keep the overall package of Services unchanged. However, we shall not be liable to refund any amount or pay any compensation / damages on account of any change in Itinerary. In case the alternate arrangements made are materially superior as compared to the ones described in the Website/Itinerary, we may charge extra for the same at the time of booking or in the course of the tour.
Upon confirming your booking it is understood that You have been supplied with complete details of the Tour Arrangement / Itinerary / price grid and these Terms and Conditions for the relevant Tour. You shall read the same carefully before filling and signing the booking forms and confirming to the itinerary prior to proceeding to your Tour thereby consenting to the Terms and Conditions. The Terms and Conditions shall be binding on the parties and shall constitute a valid contract between the parties even in the event the same are unsigned. Once the Client or Client representative makes a booking with Trip Navigator it is assumed that the Client and each Tour Participant is well acquainted and abreast with the terms of this Agreement.
The Trip Navigator reserves the right to decline to book any person/s for any Tour or to cancel their booking without assigning any reason.
Trip Navigator's Tours are sold subject to the following Terms and Conditions, the contract between Trip Navigator and the Tour Participant shall be governed by the same. No person including the employee/s and the agent/s of the Trip Navigator even in writing has the authority to alter, amend, modify or waive any stipulation, representation, term or condition set forth in this document. Also assurance of any service or facility given by any employee/ agent of Trip Navigator, which is contrary to what is set forth in the Itinerary, price grid, and invoice, shall not be binding on Trip Navigator under any circumstance whatsoever. Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, artists, team building activities, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Provider's fare rules, contract of carriage or house rules.
CONTRACT SUBJECT TO SIGNATURE AND PAYMENTS
Please note that there is no contract between Trip Navigator and the Tour Participants until the booking documents/ Itinerary / agreement are signed and received by Trip Navigator or an email confirmation from the Client and Trip Navigator has also received the specified non- refundable interest free booking amount and has provided a signed copy of the User Agreement and the Waiver and Release Agreement, as applicable. The full payment must be received in accordance with prescribed payment schedule. If not paid in accordance with the payment schedule Trip Navigator reserves the right to cancel the booking with consequent forfeiture of booking amount and apply scale of cancellation charges as mentioned in the Itinerary.
ONE/SOME MEMBER(S) MAY SIGN BOOKING DOCUMENTS ON BEHALF OF A GROUP
In case of one or more but not all Tour Participants named in the booking form sign the booking documents, it shall be deemed that the signatories have been duly authorized by all such Tour Participants to sign on their behalf assuming full responsibility and accordingly it shall be deemed that all such Tour Participants have signed the booking documents. For the sake of clarity, in the event the Client/User makes a booking for an on behalf of multiple individuals/co-travellers/fellow travellers or any other individuals, once the booking documents have been signed or confirmed via email to Trip Navigator and the requisite fees thereto has been received, it shall be deemed that all Tour Participants or travellers of the Tour have duly read all the applicable terms and conditions pertaining to the said Tour, including but not limited to the terms of this Agreement or Service Provider terms and conditions. If the Client nominates a particular representative on its behalf to act on its behalf for the purposes of coordinating with Trip Navigator for the Tour, it shall be sole responsibility of the said representative of the Client to ensure that each and every Tour Participant is acquainted and abreast with all applicable terms and conditions pertaining to the said Tour.
YOUR TRAVEL AGENT CAN SIGN THE BOOKING DOCUMENTS ON YOUR BEHALF
Where Tour Participants are booking through a travel agent, if such travel agent signs the Booking Documents, it shall be deemed that such signature is for and on behalf of all the Tour Participants named in the Booking Documents assuming full responsibility. It shall be deemed and construed that all such tour participants have duly authorized the said travel agent to sign the Booking Documents on their behalf.
Trip Navigator shall decide the prices of the respective Tours from time to time and the relevant price list will be furnished to you from time to time. The said price list shall inter alia include the price of the Tour payable by You to Us and the maximum price at which the said Tour can be sold to the end user.
The prices quoted in this Website/Itinerary/communication made to You with respect to Your Tour have been calculated at the rate prevailing at the time of publishing the same on this Website/ Itinerary or on the date of the communication made with You and subject to change, the price at the time of booking will be applicable. Trip Navigator reserves the right to amend the prices published in this Website/Itinerary/communication and to charge accordingly in case of currency fluctuations, changes in the various gross rates of exchange, and/or fuel costs, special/high season charge levied by the suppliers, hike in the tax, hike of airline/rail charges before the date of departure. All such increases in price must be paid to Trip Navigator in full before the departure of the tour.
Trip Navigator further reserves the right to alter any and all fees from time to time, without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Trip Navigator Services.
Trip Navigator reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Trip Navigator further reserves the right to alter any and all fees from time to time, without notice. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by Trip Navigator for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion. In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Trip Navigator is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
THE VISA DEPOSIT AND PROCESS
In case the visas are to be obtained by us for the Clients, you shall also pay an additional Visa Deposit for any of the International tours at the time of booking on tours that require visas. Granting / rejection of visas is the sole discretion of embassy / consulate. We only act as a facilitator for obtaining visas. You may be required to appear personally before embassy / consulate for any interview(s) / providing biometrics. Trip Navigator shall under no circumstance be held liable or responsible for rejection of visas and any other incidental or consequential loss, damage, cost or expense. You undertake not to proceed legally against the company for such rejection of visas, unless there is a manifest error committed by the company.
We would not be responsible / liable in any manner whatsoever for any clerical error done by the concerned embassy / consulate regarding the name, attachment of wrong photograph, duration and type of visa (single / multiple entry) or passport number. The cost of processing visas is not included in your Tour Price unless provided otherwise. The visa fee when prescribed includes the actual visa charge, cost of processing fees, the professional charges of Trip Navigator and overheads. Even if visas are rejected, the stipulated fees of Trip Navigator shall be payable by you. There would be no refund, if any one unable to travel due to the said reasons. In such cases, the non-refundable deposit paid by you shall be forfeited and no claim whatsoever shall be made for the same and the cancellation schedule shall be applied in addition as applicable.
TRAVEL DOCUMENTS AND CLEARANCES
It shall be solely your responsibility to hold valid travel documents and statutory clearances, to enable you to travel on the tour such as passports, government issued photo identification cards, visas, confirmed air tickets, insurance and medical insurance certificates and other statutory certificates including immigration clearance etc. If you cancel the tour due to non- availability of the passport etc, you will be liable to pay cancellation charges.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Since requirements may change at any time, be sure to check for up-to- date information before booking and departure. Trip Navigator accepts no liability for travellers who are refused entry onto a flight or into any country because of the traveller's failure to carry the travel documents required by any airline, authority, or country, including countries the traveller may just be passing through en route to his or her destination.
Please note that guests other than participant of a Tour are not to be invited on Tour by any Tour Participant and they are not allowed to use any of the services of the Tour.
It is advisable that You purchase an overseas medical and other applicable Insurance Policies to cover the risk to life, limb and property whilst on tour for the duration of the trip. Notwithstanding anything contained herein, Trip Navigator shall in no event be held liable/ responsible for any loss, damage, injury is caused in case of any eventuality associated with Your travel, including health, accidental injury, loss, liability, for which insurance cover is not taken by the Tour Participant or which is not covered under the insurance cover, if any, procured by any of the Tour Participant.
It may be noted that the tour cost does not include the insurance premium and that the Clients shall have to acquire the same at their own cost.
Tour Participant is bound to inform Trip Navigator during booking of the tour if he/she has a medical condition that may affect his/her ability to enjoy and pursue the tour arrangements fully as per the itinerary mentioned in the Itinerary/website/communication Trip Navigator reserves the right where ever warranted to insist on medical fitness certificate any time prior to departure.
It is highly recommended that the Tour Participants acquire adequate insurance cover to secure their life, health and property as may be advised by your insurance agent to cover any eventualities associated with your overseas travel including health, accidental injury, loss, liability and the like depending on your assessment of your risk potential.
Insurance if any, included in the tour price may be the standard travel care insurance policy provided by a third party insurance service provider and the scope of the cover may be limited in nature, the details of which shall be provided to you at the time of confirmation of your booking. The Tour Participants are advised to discuss your insurance needs directly with your insurance agent before proceeding on the tour and at your own cost procure any additional cover as may be advised.
Please note, Insurance is the subject matter of solicitation, please read the terms and conditions of the insurance document carefully before finalizing your desired insurance cover.
Please note that the Tour Participant would have a direct contractual relation with the insurer and Trip Navigator is only a facilitator. Tour Participant shall therefore check the accuracy and correctness of the insurance policy and in case of any error or lapse report the same to the Insurer directly and get the same rectified by them, as Trip Navigator would not be responsible for the same.
TRAVEL ON YOUR OWN
If the Client wishes to travel by his own Air Tickets, he must provide us with correct travel details. Trip Navigator does not take the ownership of any alteration in the plan arising due change in airline schedule.
CANCELLATION OF TOUR BY CLIENT
If the Client wants to cancel the Tour, he must intimate Trip Navigator in writing mailed to us at our office address on working days within office time or vide a duly acknowledged email. If the Booking Form has been signed by one or more persons for themselves and for others mentioned in the form, communication signed by such signatories would be treated as valid communication for cancellation for all such persons mentioned in the form. The computation of the period of notice of cancellation shall commence only from the time the written request reached Trip Navigator at its office in Mumbai on working days within office time.
This is subject to the terms and condition of the cancellation policy of the Service Providers. As aggregator of the services, we assure you that any cancellation refunds shall be passed on to you on a back to back basis as approved and received from each Service Provider. It is however clarified, that in the event we do not receive any refund for cancellation from a particular Service Provider, we shall not be liable, in any circumstance to reimburse the Client. The discretion of the Service Provider to process the refunds towards cancellation shall be final and binding and no additional charges shall be borne by us on this account.
It is a clear understanding between the parties that for the purpose of this clause cancellation can be due to any reason whatsoever including the reason of inability to participate due to any reason including illness, death, court orders, non-availability of travel documents etc.
CANCELLATION OF THE TOUR BY TRIP NAVIGATOR
In the event that Trip Navigator cancels a particular Tour, Trip Navigator shall refund the amount of the cost of the said Tour to you after deducting the expenses incurred by Trip Navigator on visa, insurance premium, POE charges, and other overheads as applicable. Trip Navigator shall not be liable to pay any compensation, interest or damages to you.
In the event of Trip Navigator exercising its rights to amend or alter any Tour advertised in their website after such Tour has been booked but prior to departure, the Client shall have the option to continue with the Tour as amended or altered or to accept any alternative Tour which Trip Navigator may offer.
In either of these above cases Trip Navigator shall not be liable to the Client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund.
Please go through the terms and conditions carefully to understand your rights, responsibilities, risks and the extent of our liabilities.
As earlier stated, being Tour organizers, we will not be liable / responsible to you for any loss, injury or damage in respect of life, limb or property, sickness, delay, discomfort, anxiety, service denial, service deficiency, additional expenses etc incurred by you or for any direct, indirect, consequential loss and / or damage or any kind suffered by you howsoever caused arising out of any act, omission, default of any Service Provider or of any servant or agent employed by the Service Provider or of any third person who may be engaged or concerned in the provision of accommodation, meals, transportation, entertainment, refreshment or any other Service etc. comprising the Tour package.In view of this, please note that we shall have no liability in the following circumstances (amongst others):
- Failure on the part of airline to accommodate passengers (despite having confirmed tickets) or cancellation, change of route, delay of flights etc.
- Overbooking of seats by the airline / rooms in hotel.
- Loss of / delay of baggage by airline / coach / cruise / train/ hotel.
- Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any kind of theft howsoever caused;
- Rudeness or unprofessional behaviour of staff of airline / hotel/ coach driver/ bus etc., quality / quantity of meals, facilities given etc.
- Any kind of service denial or deficiency by any Service Provider/ contractor / supplier.
Further, please note that in any case, our liability arising from this contract shall not exceed the total amount paid for the Tour. Further, under no circumstances shall we have any liability in respect of any indirect, special or consequential losses / damages whatsoever. As earlier stated, any loss or damage to your baggage will be borne entirely by you and we shall not be liable for the same in any manner.
We shall not be responsible and / or liable for any damages caused to you due to reasons beyond the reasonable control of Trip Navigator (Force Majeure / Vis Majeure). Any overstay expenses due to delay or changes in bus / flights / ships / trains /hotels or cancellation of special bogie or other services due to sickness, weather conditions, war, threat of war, strikes, rebellions, disturbances, unrest, curfew etc. or any other cause whatsoever, shall be borne entirely by you and we shall not be liable for the same.
We are not liable for any acts, omissions or defaults of other Tour Participants which may result in injury, damage to your life / limb or property or interfere with enjoying any services to be provided on the Tour. The immunities provided under this contract to Trip Navigator shall be available to Trip Navigatorâ€™s Managers, including Tour Managers, Employees, Servants and Agents but not to the contractors / suppliers/Service Providers selected by the Client or Trip Navigator, as the case may be.
Please note that we will be entitled to retain custody of your documents or properties entrusted to us till we receive payment of all amounts that are due to us in relation to your booking / travel or Tour.
The third-party suppliers providing hotel or MICE service providers and other Service Providers, travel or other services on this Website are independent contractors and not agents or employees of Trip Navigator. Trip Navigator are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Trip Navigator have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
This site may contain inaccuracies and typographical errors. Trip Navigator does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You expressly understand and agree that: (i) Your use of the Website, including any reliance on any such opinion, advice, statement, memorandum, or information contained herein, shall be at your sole risk; (ii) the site is provided on an ""AS IS"" and ""AS AVAILABLE"" basis; (iii) except as expressly provided herein Trip Navigator disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement; (iv) Trip Navigator makes no warranty with respect to the results that may be obtained from this Website, the products or services advertised or offered or merchants involved; (v) any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk; and (vi) you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material. You understand and agree that under no circumstances, including, but not limited to, negligence, shall Trip Navigator be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any Trip Navigator site or materials or functions on any such site, even if you have been advised of the possibility of such damages. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
It is clearly understood that there shall be no refund or compensation whatsoever for unutilized services. This general rule applies to all kinds of non-utilization or underutilization of tour services, whether of the whole or part of the Tour and whether as a matter of your choice, or caused by your fault or compelled by circumstances such as ill-health, weather, external factors etc. As a consequence of the above rule, please note that no refund will be admissible in the following circumstances (amongst others). There would be no refund if you fail to join the group at the commencement of the Tour or join the group later or leave the group before culmination of the tour for any reasons whatsoever. There will be no refund if you fail to or are unable to utilize any of the services on the Tour like airline travel, hotels, sightseeing, rides, cruises, meals, entrance fees, optional tours etc due to any reason whatsoever such as late reporting, ill-health etc.
If the Tour or any part thereof cannot be conducted due to Force Majeure, Trip Navigator shall not be responsible to give any refund to the Client. However, it may at its sole discretion give the refund based on various factors like the number of participants, the cancellation policies of Service Providers like hoteliers, coach operators, artists, other Service Providers etc. the decision of Trip Navigator on the quantum of refund shall be exclusive, binding and final.
There shall be no refund if the Tour Participant fails to join the Tour at the commencement of the Tour, or joins the Tour late or leaves the Tour before culmination of the Tour. If the Tour Participant or the Tour Participants family is compelled to discontinue the Tour due to any reason such as illness, death, loss of passport, or whatsoever reason, no claim shall be entertained for refund of unutilized services shall be given by Trip Navigator. There shall be no refund if the Tour Participants does not or cannot utilize any service included in cost of Tour like meals, rooms, excursions and the like nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.
In case of refund (if any) of foreign currency component, the said refund shall be made in Indian Rupees only at the prevailing selling rate on the date of refund as per existing rules and regulations.
FOR MAJOR CIRCUMSTANCES
The User agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Trip Navigator is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective Service Provider. The user agrees that Trip Navigator being an agent for facilitating the booking services shall not be responsible for any such circumstances and the Client have to contact that Service Provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in Trip Navigator, services committed earlier may not be provided or may involve substantial modification. In such cases, Trip Navigator shall refund the entire amount received from the Client for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Trip Navigator against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User. Trip Navigator shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters, or artists no show or poor performance, team building activities unsatisfactory, etc.
Without prejudice to whatever is stated above, the maximum liability on part of Trip Navigator arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges and subject to Service Providers terms and conditions, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Trip Navigator for its services.
In no event shall Trip Navigator and/or its suppliers/Service Providers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Trip Navigator Website or any other channel. Neither shall Trip Navigator be responsible for the delay or inability to use the Trip Navigator Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Trip Navigator website, or otherwise arising out of the use of the Trip Navigator website, whether based on contract, tort, negligence, strict liability or otherwise.
Trip Navigator is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
CONDITIONS OF TRAVEL
The Client would have to strictly follow the Tour Program and return to city of origin as per the validity of the air ticket. There shall be no refund, if the Client fails to join at the commencement of the tour, or joins the tour later or leaves the tour before culmination. It be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of Trip Navigator at the appointed place, date and time. Those clients who do not travel throughout the tour shall under no circumstances be entitled to any refund. In case a client along with his companions is compelled to discontinue the tour due to any reason whatsoever including injury, illness, death or loss of passport or any travel documents, no claim shall be entertained for refund of money paid for unutilized services. If a client is unable to reach the place of commencement of the tour due to any reason whatsoever, his booking shall be treated as â€˜no showâ€™ on the tour and 100% cancellation charges would be levied. If a client avails pre - tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the tour at the appointed place, or cancels the tour after using the air tickets or pre â€“ tour arrangements or part thereof, it shall be treated as â€˜no showâ€™ and there would be no refund whatsoever for the unutilized pre-tour or main tour services.
The Clients shall not behave in a manner which may cause distress or annoyance to other co- travellers or which may create the risk of danger or damage to property of the Services Providers of Trip Navigator, the co-travellers or others. Trip Navigator shall be under no liability to any such person.
CHANGES IN THE NUMBER OF PARTICIPANTS AND THE DEMANDS RESULTING FROM THIS
The number of people specified in the contract is binding on all planning and execution. If the agreed number of participants is not reached, then Trip Navigator may cancel certain activities and offers at short notice, or make amendments to programs to ensure that the client assumes the resulting additional costs. Any accrued costs or claims from the service providers and partner firms resulting from alterations, transfers and cancellations of services, eg. Framework programs, transportation, flights, meals, hotel rooms, partner firms, technology, entertainment etc. shall be fully chargeable to the Client or customer, even if these costs are invoiced after the final settlement.
CHANGES TO SERVICES, COMPLAINTS, CLAIMS FOR DAMAGES,TERMINATION OF THE EVENT:
The Client must themselves bear the full consequences of non-culpable inefficiency and chance incidents; Trip Navigator expressly reserves the right to carry out service changes and price and program alterations in cases of imperative necessity (weather, accidents, natural catastrophes, strikes, overbooking, seasonal price increases, security risks, regulatory actions etc.) As a gesture of goodwill, we endeavour to provide an equivalent substitute service, but we cannot ensure a substitute offer. Additional costs arising from Service changes occasioned by the service User or Customer shall be made at their own expense. Unless otherwise agreed, such changes shall not be deemed to be a material change of contract, and shall not entitle the client to withdraw from the agreement. If the Client or participant terminates the activity or leaves early, they shall not be entitled to reimbursement.
TRAVEL ARRANGEMENT: BY AIR
In regard to carriage by air which is international, the rules and limitations relating to liability by the Convention as embodied in the Indian Carriage by Air Act, 1972 as specified by Notifications issued from time to time, shall apply.
In regard to carriage by air which is not international, the rules and limitations relating to liability as specified by Notifications issued from time to time under Section 8 of the Indian Carriage by Air Act, 1972, shall apply.
All bookings for air travel shall be deemed to be governed by the Conditions of Carriage as stipulated and listed on the website of http://www.airindia.com and that of the particular airline that is used for the particular Tour. The terms and conditions in all respect shall be governed and construed in accordance to the terms and conditions as stipulated by each such airline.
Though the ticket issued to the Client for a particular sector may have confirmed status, due to overbooking of seats the airline may offload any passengers and accommodate him on a subsequent flight for which Trip Navigator will not be responsible.
Any delays or re-scheduling or cancellation by the airline shall be governed by the terms and conditions of such airline and we shall have no liability towards any loss or damage suffered by the Tour Participant on account of such rescheduling or delay or cancellation.
Tour Participants traveling by air will be subject to the airline restrictions/limitation on baggage weight/ size/ pieces. Airlines have restrictions on the kind of baggage, number and weight of baggage that you can carry and you will need to carefully read and understand the rules and regulations of the airline, in this regard. Please note that every airline has a different set of rules and regulations regarding the weight restrictions and furthermore, airlines keep changing the rules quite frequently. Hence, you are requested to please check the updated baggage rules of the individual airlines, with whom the ticket is booked.
We are not liable / responsible, in any manner, if you are unable to carry any baggage or if you have to pay any extra charges due to restrictions imposed by the airline. You shall be liable to pay all such charges directly to the airline. Also, we are not liable / responsible for any loss or damage to baggage while it is in the custody of the airline.
All baggage and personal effects are at all times and in all circumstances the responsibility of the Client. It is advisable that the Client does not carry valuables on the tour. However, if the Client carries any valuables, the same should preferably be kept in the Safe Deposit Lockers, that are commonly made available in most of the hotels. In hotels/locations without this facility you should take all the necessary precaution in protecting your valuables. Trip Navigator or any of the carriers used or its representative/s will not be responsible for loss of valuables or for making good such loss.
TRAVEL ARRANGEMENT: BY RAIL
Your Train Journey
The train operating companies with whom you book tickets through Trip Navigator are responsible to you in respect of the provision of the train journey you have booked. All bookings made through the Trip Navigator are subject to the respective relevant national rail Conditions of Carriage and any specific restrictions imposed by the relevant train operating companies which vary by ticket type.
Trip Navigator is therefore not responsible for any delays, cancellations, or other disruptions to train services and we do not set any of the terms and conditions, including eligibility for refunds, of the various ticket types.
In the event You require us to make travel arrangements by railways for you, the Indian Railway's rules for reservation and booking apply to all such transactions along with special conditions imposed from time to time as the case may be. The special conditions and the terms of service applicable to travel bookings through railways are detailed on the following link http://contents.irctc.co.in/en/IRRules.html
All baggage and personal effects are at all times and in all circumstances the responsibility of the Client. It is advisable that the Client does not carry valuables on the tour.
TRAVEL ARRANGEMENT: BY ROAD
We can provide you necessary assistance that you may require with respect to making bookings on your behalf for taxiâ€™s, busses and other means of ground transportation services. These services shall be extended to you on the terms and conditions, as applicable, for each such independent Service Provider. Please note we are only travel aggregators and we do not own or run these services on our own.
The drivers are legally and contractually bound by restrictions concerning maximum driving hours per day and per week, and the itineraries are planned keeping in mind the same. It is therefore, essential that the itineraries, schedules and timings are strictly adhered to by the Clients so as to ensure that all the services can be duly provided. In the event, the Client misses any service due to non-adherence to the timelines as provided in the tour itinerary , then there would be no refund for the same.
All baggage and personal effects are at all times and in all circumstances the responsibility of the Client. It is advisable that the Client does not carry valuables on the tour. Trip Navigator, in no event, shall not be responsible for any theft, loss, etc. of baggage or any other belongings of the Client.
In the event of misbehaviour of the driver or Service Provider, then the Client may file a complaint on the said Service Provider and Tripnavgator shall in no event or circumstance be accountable for such misbehaviour.
Tipping is customary (unless otherwise stated in the itinerary / pricing) in all parts of the world for services rendered (e.g. porters, coach drivers, guides etc). This is your sole discretion and we as Trip Navigator do encourage You nor discourage You from exercising this discretion.
Trip Navigator uses air-conditioned / air-cooled luxury coaches, or as defined in the itinerary The Clients shall follow the instructions of the local representative in this regard. Comfort stops are provided after appropriate intervals having regard to the daily itinerary. Some of the coaches are equipped with emergency washrooms; such facility can be used only in case of an emergency.
The Clients should not leave behind any property in the coach while disembarking. Trip Navigator would not be responsible or liable in case of loss of such property under any circumstances.
Trip Navigator's responsibilities include:
- Issuing a valid ticket (a ticket/voucher that will be accepted by the bus/taxi/cab operator) for itsâ€™ network of service providers
- Providing refund and support in the event of cancellation, as per the cancellation policy
- Providing customer support and information in case of any delays / inconvenience
Trip Navigator's responsibilities do NOT include:
- The Service Provider not departing / reaching on time
- The driver or employees of the Service Provider being rude
- The Service Provider's seats etc not being up to the customer's expectation
- The Service Provider's cancelling the trip due to unavoidable reasons
- The baggage of the customer getting lost / stolen / damaged
- The Service Provider changing a customer's seat at the last minute to accommodate a lady / child
- The customer waiting at the wrong boarding point (please call the Service Provider's to find out the exact boarding point if you are not able to locate other tour participants or the tour manager)
- The Service Provider changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the departure point
Our Commitment to You:
- Once the Venue Finding process is complete, Trip Navigator will provide you, with a personalised quotation for the Event Management element based on your exact requirements.
- We will check all venue and supplier contracts before passing on to you for signing.
- We will be the main point of contact with the venue throughout the planning and during the event.
- We will handle transfer and accommodation lists for the delegates, artists, DJs, MCs, etc and charge you for the same on actuals.
- We will book any external requirements for the event such as Event Theming, AV Hire, etcâ€¦ and liaise with all suppliers on your behalf.
- We will maintain regular contact with you and provide detailed updates as required.
- After the event, we will obtain feedback from you and pass it on to the venue. We will also record your likes and dislikes for future events.
- Rates are quoted based on the event spec at the time of booking. Should this change considerably, we reserve the right to reflect this in our charges to you.
- Trip Navigator will not be responsible for any payments to the venue or suppliers.
- Trip Navigator will not accept liability for any penalty charges issued by the venue or suppliers.
- Trip Navigator will not be responsible for any deficiency in service by the professionals such as DJs, MCs, artists, bands, etc.
Our service fees and the calculation of fees are based on our rates according to the offer in question and its accompanying supplements. All fees and expenses of third Service Providers (hotels, restaurants, transport firms, event organisers, artists etc.) shall continue to be charged fully to the client, as agreed, as also all additional costs invoiced by the third party Service Provider which deviate from the offer in question.
Liability for Events:
As far as is permissible within law, liability shall be excluded to the greatest possible degree, particularly in cases of simple negligence, and in relation to all assistants and employees. Our listed selection of service providers is not to be taken as a recommendation- the client makes their own choice, so that Trip Navigator holds no liability for the selection and provision or non-provision of services through the Service Providers. This is particularly applicable in cases of sport, outdoor, adventure and all transport-related activities: Trip Navigator acts as a mediator of services and buyers of offers and products. We also take no responsibility for vehicles, luggage, valuables etc. or in case of damage or program failures, liability is fully transferred to the responsible Service Provider or the Artist or Hotel that is carrying out the activity. Trip Navigator assumes no liability, should the program have to be cancelled due to a limited number of participants, due to hindrances or due to bankruptcy of the third Service Provider.
We make custom merchandise for all kinds of people. T-shirts for bands, corporates, stickers for artists, banners for events, mugs, photographs, trophies, medals, memento's, etc ("Merchandise"). We take your designs and ideas and create unique pieces of merchandise and print. As per your need and specifications we connect you with our relevant Service Provider and act as facilitators between you and them. Please note the terms and conditions of the Service Provider delivering these services shall be applicable to all such requirements. We therefore strongly recommend you acquaint yourself with the applicable terms and conditions that shall govern the purchase of any such merchandise.
Text Submission to Trip Navigator
Users of our site may submit material for publication in various formats on desired merchandise. We accept no liability with respect to any material submitted by users and published by us and we are not responsible for its content and accuracy.
If you want to submit material to us for publication on Trip Navigator, you may do so on the following terms and conditions:
- Publication of any material you submit to us will be at your sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication;
- You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including, without limitation, print and electronic format;
- You declare to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights;
- You warrant that the material you submit is not obscene, offensive, and defamatory of any person or otherwise illegal;
- You agree not to post material including spamming which is deliberately intended to upset other users;
- You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses;
- We reserve the right to remove your access to individual services if we believe you are abusing the services in any way.
Graphic Material Submission to Trip Navigator
We may cut, edit, crop or arrange your photograph(s) or graphic as we think fit to appear on Trip Navigator, and we may remove your photograph(s) or graphics at any time.
Your name will be published alongside your photograph(s) or graphic, but we may edit or delete any comments, which you submit along with your photograph(s) or graphic.
LAW & JURISDICTION
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the applicable rules. The Mediator shall be appointed by Trip Navigator.
If the dispute is not settled by mediation within [thirty] days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute may be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole Arbitrator to be appointed by Trip Navigator. The Arbitration proceedings will be in Mumbai. The arbitratorâ€™s decision shall be final and binding on both parties. In case of any dispute concerning the award the courts in Mumbai alone shall have exclusive jurisdiction.
Law prevalent in India is applicable and as a part of the cause of action arises in Mumbai and Trip Navigator has its Registered Office in Mumbai, it is agreed between the parties that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in court / forum / tribunal in Mumbai alone having jurisdiction to decide the matter.
You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to us as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, without having to post a bond or other security.
Communications transmitted to your mailing address / email address on record shall be deemed to have been communicated to you even if returned undeliverable for any reason. All communication from you to Trip Navigator has to be in writing, not orally. Where you book directly with us, we will address communications to you at your mailing address and / or e- mail address given in the Booking Form. Where you have booked through a Travel Agent, we will address communications to your Travel Agent, who made the booking on your behalf and the agent would be responsible.
PLEASE CAREFULLY CHECK WHAT THE TOUR COST INCLUDES AND EXCLUDES
Please refer to the relevant sections of proforma invoice/ email exchanges or other Booking Documents for the Tour cost. All services to be provided to you will be as per those specified / confirmed and paid for as per the Invoices as detailed in the User Agreement. If you avail any service such as porterage, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages, soft drinks, paid toilets etc or anything that is not specifically shown as included in the Tour Cost, then the payment for the same will have to be cleared by you.
WAIVER AND RELEASE AGREEMENT
In consideration of the risk of injury while participating in traveling to high risk destination/adventure sports (as applicable) (the "Activity"), and as consideration for the right to participate in the Activity, you hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily shall enter into a waiver and release of liability agreement in order to waive any and all rights, claims or causes of action of any kind whatsoever arising out your participation in the Activity.
Such Waiver and Release Agreement shall be provided to you prior to your travel to the following high risk destinations listed below. Please note this list shall be updated from time to time at the sole discretion of the Trip Navigator:
note that this Waiver and Release Agreement shall also be entered into for all other purposes as Trip Navigator may deem fit and necessary. It is further agreed by you that in the event the Waiver and Release form is not signed, for any reason whatsoever, in the event you travel to the aforesaid destinations or indulge in any activity which may reasonably be considered to be risky, acceptance of these Terms and Conditions shall be deemed to be considered as you consent to the terms contained under the Waiver and Release Agreement.
The User agrees to indemnify, defend and hold harmless Trip Navigator and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Trip Navigator and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms and Conditions.
You agree to defend and indemnify Trip Navigator and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Trip Navigator cannot be held responsible for the same.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Trip Navigator. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Trip Navigator to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
ON TOUR ASSISTANCE
Please promptly inform your Tour Manager of any grievances that you may have and immediately follow this up by writing to us. This will enable us to promptly rectify all genuine grievances in real time.
If you fail to do this, you will be deemed to have acknowledged and accepted the services of Trip Navigator in full satisfaction and you shall be deemed to have no grievance or complaint in that regard.
You should communicate the grievance to the Contractor on the emergency telephone number and adopt any of the following procedures provided that such communication should be made on a working day within working hours:
- By Phone at [022-69969953,] followed by a written communication to our Registered Office listed below, OR
- By email to [email@example.com], followed by a written communication to our Registered Office listed below, OR
- In writing with a copy marked to the Independent Contractor, at the Registered Office of the Company: [F-15, Lokmanya Pan Bazar complex, Eastern Express highway, Sion, Mumbai - 400022]
While Trip Navigator shall put in all possible reasonable efforts to rectify complaints of the Tour Participant, if any, during the tour period itself, the Client can file a complaint within a period of 28 days from the date of happening of such event for which the Tour Participant intends to file the complaint. Any complaint made by You post the said period shall not considered and shall be liable to be rejected/ discharged summarily and Trip Navigator shall not be held liable in respect thereof. It shall be the sole discretion of Trip Navigator to address the complaints, if any, as per its internal norms, at its own discretion.
SCOPE OF ACTIVITY
If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Trip Navigator Websites or its partner websites, shall be deemed to constitute a partnership between the User and Trip Navigator and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
THE CLIENT DECLARATION
On behalf of all the persons named in the Booking Documents, I/we have read the Terms and Conditions and Booking Conditions and have understood the complete Itinerary and the contents of the User Agreement, a copy of which has been furnished to me/us. I/We being the said person/s duly authorised, do hereby agree to and accept the same for self and others.
USERS RESPONSIBILITY TO TAKE COGNIZANCE OF THIS AGREEMENT
The Users availing services from Trip Navigator shall be deemed to have read, understood and expressly accepted the terms and conditions of this Agreement, which shall govern the desired transaction or provision of such services by Trip Navigator for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Trip Navigator with respect to any services to be provided by Trip Navigator shall be restricted to the scope of this Agreement.
Trip Navigator reserves the right, in its sole discretion, to terminate the access to any or all Trip Navigator Website or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Trip Navigator like the air tickets, MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by Trip Navigator which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, artists, event organisers, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Provider's; fare rules, contract of carriage or other rules.
Trip Navigator's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Trip Navigator's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any other Trip Navigator document, then these terms shall control.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any hotel reviews, photos, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Trip Navigator and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Trip Navigator may choose to provide attribution of your comments or reviews at our discretion. You further grant Trip Navigator the right to pursue at law any person or entity that violates your or Trip Navigator's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Trip Navigator does not edit or control or create the User messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Trip Navigator nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Portals"). If Trip Navigator provides such Interactive Areas, you are solely responsible for your use of such Interactive Portals and use them at your own risk. By using any Interactive Portals, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the applicable laws in India;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Trip Navigator;
- Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; **
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Trip Navigator, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Trip Navigator or its affiliates or its users to any harm or liability of any type.
Trip Navigator takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Trip Navigator liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Trip Navigator is not the author or creator of the third party user generated content, as it is merely an intermediary and is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Portal. Although Trip Navigator has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Portal, Trip Navigator reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Trip Navigator or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Trip Navigator, and its licensees, successors and assigns, from any claims that you could otherwise assert against Trip Navigator by virtue of any such moral rights.
Any use of the Interactive Portals or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Portal and/or this Website.
RESPONSIBILITIES OF USER VIS-A-VIS THE AGREEMENT
The User expressly agrees that use of the Services is at their sole risk. To the extent Trip Navigator acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of Services provided by the Service Providers. In no circumstances shall Trip Navigator be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Trip Navigator may change the features or functionality of the services at any time, in their sole discretion, without notice. Trip Navigator expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Trip Navigator or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Trip Navigator pages or otherwise use any of the contents, pages, information or any other material provided by Trip Navigator. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Trip Navigator in writing.
Updated On June 2016