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TERMS OF SERVICE

Terms Of Service

Definitions-

“Vendors” or “Service Providers” means Tour Operators or Travel Agents or Destination Management Companies which haveuploaded their tour packages in Negotrip Market Place Portal.

"Independent Contractors" means hotelier or hotel owner, owner of any airlines or shipping company or railway ferryboat owner, coach owner, or any other person or organization which has been selected by our Vendors to render services to the User of Negotrip.

"Tour" means a tour operated by the vendors of Negotrip and includes, but is not limited to, tours within & outside India, special tours, adventure activities, cruise, sightseeing, carnival etc.

"Tour Cost" means total booking cost of all the services booked by the User for his tour inside or outside India.

"Advance Booking Fees" means fee deposited at the time of booking by the User. It is guided by Advance Booking Policy of the tour.

"Brochure" means catalogue, leaflet, e-mail or any other document containing the details about the itinerary and activities on any tour.

"Infant" means a person below the age of 2 years and child means a person above the age of 2 years and below the age of 12 years.


Role of Negotrip & Limitation of Liability-

Negotrip does not control or operate any airline, shipping company, coach, hotel, transport vehicles, restaurant, kitchen caravan or any other facility or service mentioned in the Brochure.

Negotrip shall not be responsible for any delay, improper service and standard of service provided by any Independent Contractor, or for any injury, death, loss or damage which is caused by the act or default of any hotel, airlines, shipping companies, cruise, coach owners, tour operators who are Negotrip's independent contractors. However Negotrip shall cancel the Vendor Agreement with the Vendors who are repeatedly found using the Independent Contractors providing improper service.

Negotrip or its’ Vendors shall not be responsible for any act or actions of co-travelers, co-passengers which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided on the outbound tour.

Negotrip being merely a facilitator , shall not be liable for the following:

  • Personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage or any kind of theft howsoever caused to the User or any person travelling with them.
  • Any act, omission, default of any travel agent or third party or any other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the User or for any person traveling with him /her.
  • The temporary or permanent loss of, or damage to, baggage or personal belongings howsoever caused including wilful negligence on the part of any person.
  • Any delay made in delivery of the service by the concerned service providers.
  • Failure on the part of airline to accommodate passengers despite having confirmed tickets for any reason whatsoever including overbooking, change of route etc. or failure on part of hotel to allow check-in despite confirmed booking for whatever reason.
  • Any claims of any dispute with the tour manager.
  • Any claim arising due to delay at the airport and if the User has to wait at the airport or at the hotel for check-in due to any technical snag or any other reason not attributable to Negotrip, Negotrip shall not be liable for making any arrangements, including but not limited to food or any hotel arrangement in case of such delays.
  • Any damages caused to the User due to reasons beyond the control of Negotrip.

In no event shall the entire liability of Negotrip for any claims directly and indirectly arising out of the tour exceed the total booking amount paid by the User.

There can be exceptional circumstances where the service operators like the direct Vendors of Negotrip or the Independent Contractors like airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Negotrip is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its User or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The User agrees that Negotripbeing aMarket Place for facilitating the booking services shall not be responsible for any such circumstances. The maximum liability of Negotrip in such events will be to refund the booking amount subject to receipt from the service providers.


Website-

All information given on the Website is based on the information available at the time of uploading the packages by the vendors. The vendors of Negotripor Negotrip itself reserves the right to change any information contained in the Brochure before or after booking the tour due to any event(s) beyond the control of Negotrip or its’ Vendors.

In case Negotrip becomes aware of any change before the departure for any Tour, Negotrip will take all reasonable steps to notify the User before the departure for that Tour. In the event of Negotrip becoming aware of the changes post the departure for the Tour, the tour manager or local representative of the Vendor will inform the User about the change.

The prices published on the Website are calculated on the basis of prevailing rate at the time of uploading the package. Negotripor its’ vendors reserves the right to amend the prices published on the website in case of currency fluctuations, changes in the various gross rates of exchange, and/ or fuel costs, special/ high season charge, hike in the airline/ rail charges before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the departure by the User.

Apart from the instant Terms of Service and the User Agreement, some specific terms and conditions are mentioned against the respective Tour on the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the Negotrip User Agreement & Terms of Service and are to be read in consonance with each other.

No claim of the User against any change on the Website regarding the Tour shall be entertained if such changes are due to reasons beyond the control of Negotrip or its’ Vendors.


Meals & Special Requests-

The menus are pre-set for meals on the Tour. The nature of meals is clearly indicated in the Brochure. Negotripor its’ Vendors would not entertain a request for a special meal nor guarantees a special diet to the User except to the extent mentioned in the brochure.

Negotrip or its’ Vendors reserves the right to change the menu if circumstances necessitate such a change. In the event that the User is not able to avail the meals in the menu for any reason, no claim can be made for the unutilized meal against Negotrip or its’ Vendors.

User acknowledges that hotels worldwide serve breakfast at different ( local) time or time as specified in the confirmed booking voucher. User understands that Hotels do not pack or deliver breakfast to the room. The meal has to be consumed when served. If the User misses breakfast due to any reason, no claim for the same shall be entertained.

Negotrip or its’ Vendors may, in their sole discretion, entertain the requests for special meals, room allocations subject to such requests being honoured by Independent Contractors. Negotrip would take all the necessary steps to ensure that these special requests are honoured. However, in the event that such special requests are not honored, Negotripor its’ Vendors would not be liable for any claim in this regard by the User. Extra cost, if any, for special meals or any such special requests have to be borne by the User.

User shall bear the additional charges of any special meal if purchased by him/ her and shall not be entitled to recover the same from Negotrip or its’ Vendors.

If the User fails to avail the meal due to the fault of the Service Providers of Negotrip, then Negotrip's liability is limited to proportionate amount that the User had paid Negotrip for the meal while booking the tour.


Hotels Used in theTour-

Negotripand its’ vendors take all reasonable steps at the time of selecting the hotels that form a part of any Tour. The selection is based on an internal assessment of the respective hotels and such hotels selected are usually the best in the respective categories. Negotrip and its’ vendors endeavour to provide details of the hotel to the User in advance vide proposed itinerary. However, Negotripand its’ vendors reserve the right to change hotels before booking, subject to availability or any other reason beyond its control.

Once the User opts for a certain category or star rating of a hotel, later no claim or dispute with regard to the star category or type of the hotel shall be entertained by Negotrip and its’ vendors.

Negotripor its’ vendors, would not be held liable or to make good any inconvenience or discomfort caused to the User due to but not limited to the insufficient services provided at the hotel. Negotrip acts as a facilitator and would under no circumstances be held responsible for inadequate services provided by the hotel.

The User would be liable to make good any damage(s) caused by any act of him/her or their accompanying guests to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. Negotripor its’ vendors would not, in any way, intervene in the same.

No request for the change of hotel shall be entertained after the booking is confirmed. If User upgrades the hotel or changes the hotel on his own, he/she agrees to bear the charges incurred for change in the hotel and shall not be entitled to claim it from Negotrip or its’ vendors.

User shall be responsible for his/ her baggage and valuables. Negotripor its’ vendors shall not be liable for any loss of baggage or theft of User's articles during their stay in the hotels or any time during the tour.


Itinerary-

Negotrip features the uploaded itinerary of the vendors on its’ Website. Such itinerary shall be subject to changes. The confirmed booking details and hotel vouchers sent to the User before departure and after payment of entire booking amount shall be final.

The Tour price is subject to increase without any prior notice if this rate substantially changes prior to departure, then the User would be required to pay such incremental tour cost before the departure.

The days and nights of the itinerary are decided as per the availability of hotels and airlines. No claims regarding full utilization of last day or inclusion in the tour shall be valid.

In case of customisation, Negotrip takes all reasonable steps at the time of finalizing the itinerary for the User to ensure that the itinerary is as per the convenience and comfort of the User. However, in the event of a change in the itinerary, Negotrip would inform the User accordingly before the departure of the User on the Outbound Tour.

Further, in the event of any change beyond the control of Negotrip or its’ vendors in the itinerary of the User post departure for the tour, Negotrip shall inform the User accordingly as and when such a change occurs. Negotripor its’ vendors shall not be held responsible in any manner whatsoever for any loss that a User might suffer consequent to such a change.

Negotrip reserves the right to claim any additional expenses on account of delays or changes in the itinerary, caused by any reason whatsoever.

Negotrip and its’ vendors reserves the right to amend, alter, vary or withdraw any particular departure, excursion or substitute a hotel of similar category, or any other aspect of the itinerary, if deemed advisable or necessary.

In the event that the User misses out on any activity on the tour due to delay on his part, Negotrip would not be held liable to refund the money paid for the same.

Negotripor its’ vendor will not entertain any change in the itinerary at the request of the User after booking, as such change might disarray the entire tour. However, Negotripor its’ vendors may, in its sole discretion and subject to availability, provide changes in the itinerary made at the request of the User. User agrees to pay additional cost incurred due to such change/cancellation.


Coach& Sitting-

On the Fixed Departure Tours, coaches are used for transfer purposes including local sightseeing. There are no seat numbers allocated and the Users shall follow instructions of the Tour Manager in this regard.

In case the User is carrying any valuable personal belongings, it is advisable not to leave them behind at the time of disembarking or leaving the coach. Negotripor its’ vendors will not be held responsible or liable in case of loss of such items from the coach. All baggage and personal effects are at all times and in all circumstances the responsibility of the User.

Any damage caused to the coach during travel as a consequence of the actions of the User shall be payable by the User and Negotripor its’ vendors would in no manner whatsoever be liable for the same.

The drivers of the coaches are bound by specific rules like maximum driving hours within a day/ during a week, rest period per day/ week etc. Users will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel. In the event that any of the sightseeing schedules is missed due to delays caused by the User, the cost of same will not be refunded to the User under any circumstances.

In the event of breakdown of any coach or any vehicle arranged for transportation, Negotripor its’ vendor will provide an alternative within reasonable time. Negotrip or its’ vendors shall not be liable for any delays occurred due to such breakdown or traffic jam or for any reasons causing delay in the provision of alternative coach or vehicle.


Tipping-

Tipping is customary (unless otherwise stated in the brochure) in all parts of the world for services rendered (e.g. porters, coach drivers, guides etc.). This is however solely at the discretion of the User.

Tipping in Europe is something that is expected of anyone providing you a service, for example, local guides, waiters, tour manager, porter etc. However, it is mandatory to tip the coach driver a nominal amount of 2 Euros for Europe and UK and 2 Dollars for USA per person per day for the duration of the tour.


Currency & Travellers Request-

It is recommended that the User carries money partly in local currency (i.e. in the currency of the country where he/she is traveling), partly in traveller’s cheques or travel currency card, especially for International Tours. Traveller’s cheque is a safe way to carry money as they are easily cashable for a small service fee charged by the bank and can be replaced if they are stolen or lost, provided you have the traveller’s cheque numbers and the counterfoil.

Alternatively, the User can carry a travel currency card, which is by far the safest way to carry foreign currency and provides 24*7 access to cash at relevant ATMs.


Accommodation for Child Below 12 Years of Age-

If a child below 12 years of age is booked on the International tour without paying for a separate bed, then no separate bed will be provided in the hotel.

Bookings Through Third Party/ Travel Agents-

In case where a travel agent through whom the Users have booked the International Tour, signs the booking form for and on behalf of the User, it shall be deemed and construed that the Users have duly authorized the said travel agent to sign on their behalf. The signing of the booking form by the travel agent would be binding on the User.

If the User books with a travel agent, the contract is with the User's travel agent and Negotrip is a supplier to the User's travel agent.

Correct information of the contact details of the User shall be provided at the time of booking. Negotrip takes no responsibility for any claims arising out of non-receipt of information if the specified contact number is not reachable or does not belong to the User.

Negotrip takes no liability for any promises made to the User by any other travel agent authorized by the User to make bookings. All products and services are provided as per Negotrip Website or mail or any other document provided to the User at the time of booking the tour.

In case of bookings through other travel agents, refunds (if any) will be made to the travel agent authorized by the User to make bookings.


Forfeiture of Deposits-

Negotrip may require the User to pay non-refundable interest-free booking fee at the time of booking the tour.

In the event that the User cancels the booking or fails to adhere to the tour payment schedule as informed in the documentation check list or in the event that the visa of the destination country is not granted or the User is unable to travel on the tour booked due to any personal reason, including medical ground or sickness, cancellation charges will apply as communicated to the User by Negotrip.

User acknowledges that booking of air tickets, hotels for a tour is done parallel to visa processing to ensure the availability as per the proposed itinerary. In the event of any denial or rejection of visa, Negotrip shall be entitled to recover any cost incurred in making such bookings by way of deducting cancellation charges as specified hereinabove. User acknowledges that such charges are just and fair and are deducted towards expenses that Negotrip incurs towards making bookings at the request of the User and consequent cancellation or non-travel by the User.


Cancellation due to Visa Rejection-

All the Users traveling on an International tour must be in possession of a valid visa (including transit Visa) to enter all the countries in which the Users intends to visit or pass through as a part of the International tour.

User(s) whose visas are not granted by the concerned consulates, must intimate Negotrip immediately about such rejection. Negotrip will deduct applicable cancellation charges in addition to any additional visa expenses incurred and refund balance amount if any.

In case of rejection, if User wishes to reapply/appeal against rejection of the visa, Negotrip shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process alongwith service fee to Negotrip. Unless otherwise applied by the User, Negotrip will not initiate reapplication of any visa application.


Cancellation Charges-

If the International Tour is cancelled for any reason what-so-ever, including cases of visa rejection or voluntary cancellation by the User the cancellation charges as mentioned in the websiteagainst the concerned package or the itinerary will apply.


Payment of the Tour Cost-

Payment shall be made as per the payment schedule provided on the website under booking policy, Email or any other documented information as informed at the time of booking.

Payment can be made either online or by way of DD/cheque as specified to the User.

Payment can be made either in INR or any other foreign exchange/currency (as Negotrip depends on various International service providers) as specified in the website or any other documented information provided at the time of booking.

If any cheque towards the payment is dishonoured, Negotrip, without notice to the User, shall be entitled to cancel the entire booking without any liability and take recourse to appropriate legal remedy.

Final documents and airline tickets will be shared with the User only after the balance payment is made to Negotrip by the User. PAN Card copy will be required when payments amounting to Rs.25,000/- or above are made by cash.

For purpose of computing the cost of tour or refund, the revised payment against the International tour will be calculated at the prevailing day's rate of exchange. And any increase or decrease in the rate of exchange may cause the cost of tour/ refund amount to change and the User shall be bound to bear any such changes.

Negotripor its’ vendors are not obligated in any circumstance to provide break–up of the invoice for each of the service included in the package


Refunds-

Negotrip is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled for a refund is subject to Negotrip receiving the amount from the said service provider. User acknowledges that Negotrip shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of Negotrip.

In case the User makes any changes in their accommodation while on the Tour, Negotrip shall not refund or pay compensation in any manner whatsoever. The User would also be liable to pay any additional sum that is required to be paid consequent to the aforesaid changes made in the accommodation.

In the event of any delay in the refund beyond the period specified herein, the entire liability of Negotrip shall be refund of the said amount with interest calculated at the applicable bank rate till the date the refund is made.


Amendments-

In the event of Negotrip or its’ vendors amend or alter any tour or holiday after such a tour or holiday has been booked, the User shall have the option to continue with the tour or holiday as amended/ altered, or to accept any alternative tour or holiday which Negotrip may offer.

In either of these cases above, the User shall not be entitled to nor Negotrip be liable to the User for any damage, additional expenses or consequential loss suffered by the User. Negotrip’s liability in such cases shall be only to refund the amount of the cost of the said tour to the User (after deducting the actual expenses incurred by Negotripand its’ vendors for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.


Promotions & Discounts-

Negotrip may, from time to time, launch some promotions and discount offers on the tour package internally or externally through advertisements and some Users in the group tour might receive additional benefits due to entitlement to such promotion and discounts. No claims from Users in the group for such privileges shall lie if they are not entitled for the discounts or eligible under the promotion.

In case of publication of any travel scheme offering any discount or benefit by Negotrip, Negotrip shall have the sole right to withdraw such a scheme or discount at any time.


Tour Arrangements & Other Activities-

For tour arrangements like carnival, cosmos, star cruise, amusement parks, museums etc., the terms and conditions specified by such respective entities shall also be applicable.

It shall be the responsibility of the User to reach the place of commencement of the tour and register with the representative of Negotrip/ tour guide/ tour manager at the appointed place, date and time.

If a User 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 group for the main tour at the appointed place, or cancels the tour after using the air tickets or pre-tour arrangements or part thereof, it shall be treated as "no show" and there will be no refund whatsoever for the unutilized pre-tour or main tour services.

Negotrip cannot be held liable for any hazard to the health, safety and well-being of the User in the course of availing any or all activities including adventure sports, Amusement park & rides, ferry ride, sightseeing or any other activity that may pose a threat of death or injury taken up by the User as a part of the tour or on his own while on the tour. Any incidental damage or loss, injury, accident, death etc. suffered in the due course of any such activity shall be at the sole risk and liability of the User.


Miscellaneous-

Negotripor its’ vendors reserves the right to withdraw tour membership of any User whose behaviour is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers. Negotripor its’ vendors shall not be liable for any damages due to such withdrawal.

It is a mandatory condition of booking that the User purchases a holiday insurance.

A transfer from one tour to another prior to the departure of the originally booked tour will be treated as a cancellation of the original tour and would attract the cancellation charges as stated hereunder and a fresh booking would have to be made at the prevalent rates.