User Agreement ACCEPTANCE OF TERMS 1.1 www.tourprabhandhak.com (“Website”) is an internet-based travel portal owned and operated by Tour Prabhandhak a destination management company incorporated under the laws of India, with its registered offices at Jhansi. HEAD OFFICE M/s Tour Prabhandhak New Market Sadar Bazar, Jhansi, Utter Pradesh – 284001. (Near Best Paradise Apartment) 1.2 Through the Website, Tour Prabhandhak shall provide you (“User”) travel-related information, pricing, and reservations for hotels, holiday packages, airlines, car rentals across India (“Services”), as more particularly described and defined in the terms of service (“TOS”) relating to such Services. These Services may be availed by the User, his family members, relatives and friends in India at any time during the year through vendors (“Service Providers”). 1.3 This User Agreement (“Agreement”) elaborates the terms and conditions on which Tour Prabhandhak shall provide the Services to the User through its website networks. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified from time to time by Tour Prabhandhak Such TOS 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. 1.4 Transaction on the Indian Holiday Websites network is offered to the User on condition of acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. It is clarified that use of the Website (site network) by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. In case of disagreement with terms, conditions and notices or any part of the same, the User must not transact on the Website. 1.5 Additionally, the Service Provider may provide terms and guidelines that govern the service(s) offer or a particular feature of the same or the operating rules and policies applicable to each Service (for example: tour package, hotel reservations, flights 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 Providers’ fare rules or contract of carriage. In the event of conflict between part/whole of the terms, conditions and notices contained in this Agreement (TOS) and the additional/other terms and guidelines specified by the Service Provider the latter terms/guidelines shall prevail. 1.6 Tour Prabhandhak, at its sole discretion, Reserves the right not to accept any order placed by the User through the website without assigning any reason thereof. Any contract to provide any service by Tour Prabhandhak is not complete until full money towards the service is received from the User and accepted by Tour Prabhandhak. Modification of Terms 1.7 Tour Prabhandhak reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions. PRIVACY POLICY 1.8 The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Tour Prabhandhak in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him. Limited User 1.9 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. 1.10 The User further agrees and undertakes not to reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the name of Tour Prabhandhak is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. 1.11 Since Tour Prabhandhak acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Tour Prabhandhak be liable for the services provided by the service provider. 1.12 Although Tour Prabhandhak makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Tour Prabhandhak is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers. 1.13 Tour Prabhandhak does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations. 1.14 In no event shall Tour Prabhandhak be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (A) the use or the inability to use the services; (B) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (C) unauthorized access to or alteration of the user’s transmissions or data; (D) any other matter relating to the services; 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 website. Neither shall Tour Prabhandhak be responsible for the delay or inability to use the 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 website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Tour Prabhandhak shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond control of Tour Prabhandhak the user understands and agrees that any material and / or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and / or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of Tour Prabhandhak 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 consequential loss, damage or additional expense whatsoever. Use of Communication Services 1.15 The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (b) Publish, post, uploads, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (c) Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents; (d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; (e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; (f) Conduct or forward surveys, contests, pyramid schemes or chain letters; (g) Download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner; (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (i) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; (j) Violate any applicable laws or regulations for the time being in force in or outside India; and (k) Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein. 1.16 Tour Prabhandhak has no obligation to monitor the Communication Services. However, Tour Prabhandhak reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Tour Prabhandhak reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever. Fees Payment 1.17 Tour Prabhandhak Reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Tour Prabhandhak Services. Tour Prabhandhak 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 Tour Prabhandhak Services. User’s Obligations & User Account 1.18 In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and / or receiving the Services under the laws of India or other applicable law. 1.19 Tour Prabhandhak may at any time in its sole discretion reinstate suspended users. once the user have been indefinitely suspended the user may not register or attempt to register with Tour Prabhandhak or use the website in any manner whatsoever until such time that the user is reinstated by Tour Prabhandhak notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Tour Prabhandhak reserves the right to recover any amounts due and owing by the user to Tour Prabhandhak and / or the service provider and to take strict legal action as Tour Prabhandhak deems necessary. Termination of Agreement & Services 1.20 Either the User or Tour Prabhandhak may terminate this Agreement and a Service with or without cause at any time to be effective immediately. 1.21 The User agrees that Tour Prabhandhak may under certain circumstances and without prior notice, immediately terminates the User’s user id and access to the Website / Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS. 1.22 This Agreement may be terminated by either the User or Tour Prabhandhak through a written notice to the other. Tour Prabhandhak shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User’s only recourse is to, immediately: (a) Discontinue use of the Website/Service; and (b) Notify Tour Prabhandhak of such discontinuance. 1.23 Upon termination of the Service, User’s right to use the Website / Services and software shall immediately cease. The User shall have no right and Tour Prabhandhak shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later. PAYMENT PROCEDURE FOR DOMESTIC CLIENTS ONLINE CREDIT CARD PAYMENT (American Express / Master Card / Visa / Discover / Diners) ONLINE DEBIT CARD PAYMENT (Master Card / Visa / Maestro) OFFLINE CREDIT CARD PAYMENT (American Express / Master Card / Visa / Discover / Diners) BY CASH / CHEQUE / DEMAND DRAFT / BANK TRANSFER (RTGS / NEFT) Payment Cards A) ONLINE CREDIT CARD PAYMENT (American Express / Master Card / Visa / Discover / Diners) For making online payment (After confirmation of the required tour / travel services) following system is to be followed: On this payment gateway link, please click on “pay now” & fill the information required. After that click on the credit card to provide your Credit Card Number, CVV Number, Card Expiry Date, Card Holders Name & click on “submit”. After bank’s verification, please click on “pay”. After that result code would be displayed as Approved or Not Approved. Approved means payment has been successfully processed. Not Approved or Blank means payment has not been processed & you need to try again. Note: Online Credit Card payments attract bank transaction charge of 3.0% of invoice value. Also, we would require copies of following documents: – 1. Copy of Passport (First & Last Page) 2. Copy of Identity proof (Pan card, Voter card, Driving license) 3. Billing address of Credit / Debit Card along with contact number of card holder. B) ONLINE DEBIT CARD PAYMENT (Master Card / Visa / Maestro) For making online payment (After confirmation of the required tour/travel services) following system is to be followed: On this payment gateway link, please click on “pay now” & fill the information required. After that click on the credit card to provide your Debit Card Number, CVV Number, Card Expiry Date, Card Holders Name & click on “submit”. After bank’s verification, please click on “pay”. After that result code would be displayed as Approved or Not Approved. Approved means payment has been successfully processed. Not Approved or Blank means payment has not been processed & you need to try again. Note: Online Debit Card payments attract bank transaction charge of 3.0% of invoice value. Also, we would require copies of following documents: – 1. Copy of Passport (First & Last Page) 2. Copy of Identity proof (Pan card, Voter card, Driving license) 3. Billing address of Credit / Debit Card along with contact number of card holder. C) OFFLINE CREDIT CARD PAYMENT (American Express / Master Card / Visa / Discover / Diners) For making offline payment (After confirmation of the required tour / travel services) following system is to be followed: We will send you authorization form for AMEX / MASTER CARD / VISA / DISCOVER / DINERS. You are required to fill & sign the authorization form and send same back to us either by email (as scanned copy) or by fax. Once duly completed authorization form & other documents are received – we will charge your credit card manually on credit card terminal. It takes 5/6 working days for credit card payment to reflect in our bank account. Payment is deemed to be received only when same appears in our bank account. Note: Offline Credit Card payments attract bank transaction charge of 3.0% of invoice value. Also, we would require copies of following documents: – 1. Copy of credit card (Front & Back) 2. Copy of Passport (First & Last Page) 3. Copy of Identity proof (Pan card, Voter card, Driving license) D) BY CASH / CHEQUE / DEMAND DRAFT / BANK TRANSFER (RTGS / NEFT) You may deposit cash / cheque to our company’s bank account. You may remit payment to our company’s bank account by RTGS / NEFT. BANK DETAIL FOR REMITTANCE BY CASH / CHEQUE / BANK TRANSFER (RTGS / NEFT) Account Holder Name – M/S TOUR PRABANDHAK Beneficiary Name & Address – TOUR PRABHANDHAK Beneficiary’s Bank & Address – PUNJAB AND SIND BANK BRANCH, JHOKANBAG JHANSI (Near Best Paradise Apartment) Account Number – 04911100002893 IFSC Code – PSIB0000491 Swift Code – PSIBNBB005 Note: All payments should be free and clear of any bank charges and deduction of any nature. Bank charges, if any, for remittance are to be strictly borne by person making the payment. PAYMENT PROCEDURE FOR INTERNATIONAL CLIENTS ONLINE CREDIT CARD PAYMENT (American Express / Master Card / Visa / Discover / Diners) ONLINE DEBIT CARD PAYMENT (Master Card / Visa / Maestro) OFFLINE CREDIT CARD (American Express / Master Card / Visa / Discover / Diners) BANK / TELEX TRANSFER Payment Cards A) ONLINE CREDIT CARD PAYMENT (American Express / Master Card / Visa / Discover / Diners) For making online payment (After confirmation of the required tour / travel MAN POWER services) following system is to be followed: On this payment gateway link, please click on “pay now” & fill the information required. After that click on the credit card to provide your Credit Card Number, CVV Number, Card Expiry Date, Card Holders Name & click on “submit”. After bank’s verification, please click on “pay”. After that result code would be displayed as Approved or Not Approved. Approved means payment has been successfully processed. Not Approved or Blank means payment has not been processed & you need to try again. Note: Online Credit / Debit card payments attract bank transaction charge of 3.0% of invoice value. Also, we would require copies of following documents: – 1. Copy of Passport (First & Last Page) 2. Copy of Identity proof (Driving license) 3. Billing address of Credit / Debit Card along with contact number of card holders. B) ONLINE DEBIT CARD PAYMENT (Master Card / Visa / Maestro) For making online payment (After confirmation of the required tour/travel services) following system is to be followed: On this payment gateway link, please click on “pay now” & fill the information required. After that click on the credit card to provide your Debit Card Number, CVV Number, Card Expiry Date, Card Holders Name & click on “submit”. After bank’s verification, please click on “pay”. After that result code would be displayed as Approved or Not Approved. Approved means payment has been successfully processed. Not Approved or Blank means payment has not been processed & you need to try again. Note: Online Credit / Debit card payments attract bank transaction charge of 3.0% of invoice value. Also, we would require copies of following documents: – 1. Copy of Passport (First & Last Page) 2. Copy of Identity proof (Driving license) 3. Billing address of Credit / Debit Card along with contact number of card holders. C) OFFLINE CREDIT CARD (American Express / Master Card / Visa / Discover / Diners) For making offline payment (After confirmation of the required tour / travel services) following system is to be followed: We will send you authorization form for AMEX / MASTER CARD / VISA / DISCOVER / DINERS. You are required to fill & sign the authorization form and send same back to us either by email (as scanned copy) or by fax. Once duly completed authorization form & other documents are received – we will charge your credit card manually on credit card terminal. It takes 5/6 working days for credit card payment to reflect in our bank account. Payment is deemed to be received only when same appears in our bank account. Note: Offline Credit Card payments attract bank transaction charge of 3.0% of invoice value. Also, we would require copies of following documents: – 1. Copy of credit card (Front & Back) 2. Copy of Passport (First & Last Page) 3. Copy of Identity proof (Driving license) D) BANK / TELEX TRANSFER You may remit payment by Bank / Telex Transfer to our account with PUNJAB AND SIND BANK. Bank / Telex Transfer payments attract bank charges. Please instruct your bank that you will bear all bank charge of sending and receiving bank and to ensure that payment received is 100% of tour invoice value. It takes 6/8 working days for international payments to clear. Remittance is deemed received only when it appears in our bank account. BANK DETAIL FOR FOREIGN INWARD REMITTANCE IN USD / GBP / EURO Account Holder Name – M/S TOUR PRABANDHAK Beneficiary Name & Address – TOUR PRABHANDHAK Beneficiary’s Bank & Address – PUNJAB AND SIND BANK BRANCH, JHOKANBAG JHANSI (Near Best Paradise Apartment) Account Number – 04911100002893 IFSC Code – PSIB0000491 Swift Code – PSIBNBB005 Note: All payments should be free and clear of any withholding tax and deduction. Bank charges, if any, for remittance (by remitting bank or by intermediary bank) would be strictly borne by payer. Clauses 1.24 INTERPRETATION OF NUMBER AND GENDERS The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole. 1.25 GOVERNING LAW this agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi. Notice 1.26 All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: (a) If to Tour Prabhandhak at syed.abidi@tourprabandhak.com or at the address posted on the Website. (b) If to a non-registered User, at the communication and/or email address specified in the application form availing of a service by Tour Prabhandhak. (c) If to a registered User, at the communication and/or email address specified in the registration form. (d) Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.