Terms and Conditions
1. Introduction
Tourskart purely acts as a platform that offers Hotel Bookings, Cab Bookings, Experience, Event, Activities or any travel related service Bookings through our platform. All services are offered by the respective third party providers partnered with us to fulfil these services. However we control or operate them with some terms & agreements, to ensure a smooth experience to the users booking a travel service through Tourskart.
By Booking with us, you agree to our Terms and conditions.
Advance & Cancellation policy:
* 20% advance during booking and balance as per the package or Hotel policy.
* Non-Refundable in case of change of plans.
* In uncertain circumstances, some trips can be postponed as per policy.
To avoid unavailability of hotels, cabs or activities, we collect advance amounts to book these services. Once advance is paid, these amounts are transferred to the respective operators as a token amount to hold the services. Once you make the full amount, we pay the entire amount to the operators and book the services. Hence, any cancellations are non refundable. However, In unforeseen circumstances, we can check with the operators and try for some refund if possible but not assured.
Pricing policy:
* All prices are subject to availability and may vary on peak season.
* All independent services are priced by the service providers and any change of price by independent service providers are strictly against our policy and Tourskart will help you file such claims against the service providers.
* Prices mentioned in Tour packages are approx charges and might vary based on season, availability and other factors. All travellers are requested to book packages after receiving complete itinerary and quote as PDF and proceed to payment.
Force Majure 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 Tourskart 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 operators. The user agrees that Tourskart being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers 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 Tourskart, services committed earlier may not be provided or may involve substantial modification. In such cases, Tourskart shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Tourskart against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Tourskart shall not be liable for delays or inabilities in performance or nonperformance 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 end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of Tourskart 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, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Tourskart for its services. In no event shall Tourskart and/or its suppliers 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 Tourskart website(s) or any other channel . Neither shall Tourskart be responsible for the delay or inability to use the Tourskart websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Tourskart website(s), or otherwise arising out of the use of the Tourskart website(s), whether based on contract, tort, negligence, strict liability or otherwise. Tourskart 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.
Insurance
Unless explicitly provided by Tourskart in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and Tourskart doesn't accept any claims arising out of such scenarios. Insurance, if any provided as a part of the service/ product by Tourskart shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Tourskart shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
Proprietary Rights
Tourskart may have used third party images or videos posted publicly either directly or via third party sites for catalogue posters or presentations. Any user acknowledging the privacy or copyrights of those data, will be removed within 2-3 days of time and Tourskart holds no responsibility of reusing those data posted for public use under public visibility.
Tourskart may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by Tourskart and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Visa Obligations of the User
The travel bookings done by Tourskart are subject to the applicable requirements of Visa which are to be obtained by the individual traveler. Tourskart is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
Indemnification
The User agrees to indemnify, defend and hold harmless Tourskart 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 Tourskart 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 this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Tourskart cannot be held responsible for the same.
Right To Refuse
Tourskart at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Tourskart is not complete until full money towards the service is received from the customer and accepted by Tourskart.
Without prejudice to the other remedies available to Tourskart under this agreement, the TOS or under applicable law, Tourskart may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
- The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference
- Tourskart is unable to verify or authenticate any information provided by the user; or Tourskart believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Tourskart.
- Tourskart may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Tourskart or use the website in any manner whatsoever until such time that the user is reinstated by Tourskart.
- Tourskart may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Tourskart or use the website in any manner whatsoever until such time that the user is reinstated by Tourskart.
- Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Tourskart reserves the right to recover any amounts due and owing by the user to Tourskart and/or the service provider and to take strict legal action as Tourskart deems necessary.
Right To Cancellation In Case Of Invalid User Information
The User expressly undertakes to provide to Tourskart only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Tourskart. In case Tourskart discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Tourskart in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Tourskart shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies Tourskart of any such claim or liability and shall not hold Tourskart responsible for any loss or damage arising out of measures taken by Tourskart for safeguarding its own interest and that of its genuine customers. This would also include Tourskart denying/cancelling any bookings on account of suspected fraud transactions.
Severability
If any provision of this agreement 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 this Agreement shall continue to be in full force and effect.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Tourskart Websites or its partner websites or any provision hereof in any manner whatsoever.
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 particular Tourskart website, then these terms shall control.
Relationship
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 Tourskart Websites or its partner websites, shall be deemed to constitute a partnership between the User and Tourskart and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Updation Of The Information By Tourskart
User acknowledges that Tourskart provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Tourskart websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Tourskart notices them. Changes are/may be periodically made/added to the information provided such. Tourskart may make improvements and/or changes in the Tourskart websites at any time without any notice to the User. Any advice received except through an authorized representative of Tourskart via the Tourskart websites should not be relied upon for any decisions.
Modification Of These Terms Of Use
Tourskart reserves the right to change the terms, conditions, and notices under which the Tourskart websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Jurisdiction
Tourskart hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Tourskart considers itself and intends to be subject to the jurisdiction only of the courts of Chennai, India.
Any picture or video shared by the customers during or post the trip in the support groups or emails, will be used in the social media platform to engage the audience. However, if you are not comfortable with the same, kindly drop a mail to support@tourskart.com and your request will immediately be looked into.
AMENDMENT
Our Terms & Conditions may change from time to time. The most current version of the policy will govern our use of your information and will always be on the website or application. Any amendments to this Policy shall be deemed as accepted by the User on their continued use of the services.
If you have any questions or concerns regarding this Terms and Conditions, you should contact our Customer Support Desk at support@tourskart.com