TERMS & CONDITIONS

1. SCOPE AND DEFINITIONS

• The below mentioned Terms & Conditions shall apply on all the bookings made with THE TRAVELLING HUB  located at FG-1/95B DDA Flats, Vikas Puri, New Delhi, India by any individual traveller and group (“Travellers”) intending to avail the services of THE TRAVELLING HUB  whether directly or through The Travelling Hub’s associates located in overseas countries.

2. ACCEPTANCE OF CONDITIONS

• The following Terms and Conditions shall be applicable to all the Travellers making bookings with THE TRAVELLING HUB, The Travellers hereby give their consent to these Terms and Conditions in full and also agree to be bound by these Terms and Conditions.
• The term booking shall include, services requested by a traveller that includes accommodations including hotels, camps, lodges, ground transportation (cars, vans, buses), air and train travel (where booked by THE TRAVELLING HUB ), local guides, tour escorts, experts, chartered flights (where a request has been made with THE TRAVELLING HUB  to charter an aircraft or helicopter), special outdoor adventurous activities such as safaris by jeeps, boats or elephant back, camel back, horse back safaris, bike rides, motorcycle rides and all other activities that are requested by the Travellers or suggested by THE TRAVELLING HUB  on the itineraries in tune with a Traveller’s interests. THE TRAVELLING HUB reserves the right to get a waiver / indemnity signed for all activities that involve an element of adventure or risk.

3. USE OF THE SERVICE

Eligibility

·         All Travellers who are 18 years of age or above are eligible to participate in a trip. Children under the age of 18 must be accompanied by a parent or a guardian.

·         All Travellers are required to ensure their good health necessary for travelling. In the event, a Traveller opts for activities that are adventurous in nature, it shall be deemed that the Traveller has the minimum required level of fitness for participating in such activities. Prior to their arrival, Travellers are also required to notify THE TRAVELLING HUB  about any constraints including physical disabilities such as inability to walk or take steps, climbing heights or medical conditions such as allergies to foods, medicines or any specific health conditions.

General Booking Conditions

·         Pricing - THE TRAVELLING HUB assures its Travellers to maintain prices as contracted for a particular tour. However, in the event of any increase in costs due to change in the existing govt. tax structures, introduction of new govt. taxes or revision of air fares or airline taxes, increase in costs of fuel etc; all costs arising out of a modification of booking by Travellers or due to a waitlisted accommodation or for reasons beyond our control, such additional costs shall be the sole attributable to Travellers. THE TRAVELLING HUB shall not bear any such additional costs.

·         Inclusions and Exclusions - The inclusions and exclusions of the cost of a trip shall vary from one tour to another. Please refer to the pricing document submitted by THE TRAVELLING HUB for a detailed list of inclusions and exclusions.  Under no circumstances does THE TRAVELLING HUB include the cost of any kind of insurance such as insurance for travel, travel protection, health, medical repatriation etc. Such insurance will have to be purchased by the Travellers in their country of domicile at their own costs.

·         Itinerary

1.      THE TRAVELLING HUB assures the Travellers that all efforts will be made to maintain the original itinerary as submitted at the time of booking. However, if required and for reasons beyond the control of THE TRAVELLING HUB like there is a change in timings of a flight, train, museum or monument; or if days of closure of monuments, safari parks are changed by the concerned authorities, THE TRAVELLING HUB reserves the right to change the itinerary and the route or the order of the visits, accordingly. Also, THE TRAVELLING HUB will provide suitable alternate accommodation, in case a hotel specified in itinerary (pre-booked by THE TRAVELLING HUB) does not get confirmed.

2.      THE TRAVELLING HUB, wherever possible, will inform the Travellers about such changes prior to their departure. THE TRAVELLING HUB  assumes no responsibility for any additional expenses and/or losses which might be incurred on account of delays or disruption of planned itinerary due to the occurrence of any of the above situations including Force Majeure condition (refer clause 8)

·         Check-In / Check-Out Times - The Check-In and Check-Out times at hotels will be determined by the policies of each hotel or hotel chain. The general time for check-in is 2 PM (IST) and check-out is 12 Noon (IST). For an earlier check-in travellers are required to pay an additional cost for availing a room immediately on arrival, although, this will be on subject to availability of the room/s.

·         Third Party Services

1.      Travellers agree and understand that THE TRAVELLING HUB may use services of Associate Service Providers and for rendering services. Such Associate Service Providers may also provide their own guidelines for facilitation of their services. The Travellers shall be responsible for ensuring compliance of such guidelines, in the event of any breach, respective Traveller shall be personally liable and shall provide the reimbursement for any damages and/or loss which might occur due to such a breach.

2.      THE TRAVELLING HUB shall under no circumstances be held liable for any additional costs, loss and/or damage suffered by the Travellers on account of delay, cancellation and/or missing of flights (international or domestic) / or trains for the reasons not solely attributable to THE TRAVELLING HUB  and beyond the control of THE TRAVELLING HUB. THE TRAVELLING HUB will endeavour to arrange another substitute flight/ train for the Traveller(s) at additional cost payable by the Travellers. In the event, any substitute flight/ train is not arranged then the amount may be refunded by THE TRAVELLING HUB after deducting the cancellation charges and convenience charges / service fees as applicable from time to time.

3.      THE TRAVELLING HUB assumes no responsibility, in the event of any baggage/ belonging is misplaced, destroyed or lost, by an airline or Indian Railways (to the extent permitted). The Travellers shall be solely responsible for any such loss or damage caused by an airline or Indian Railways.

·         Ground Transportation - THE TRAVELLING HUB will provide ground transportation (cars, vans, buses) as mentioned in the itinerary. All vehicles possess a standard capacity for storing luggage and personal belongings of the Travellers. However, in the event, a Traveller is carrying quantity/ number of luggage beyond the standard capacity of the vehicles then THE TRAVELLING HUB  will provide an extra vehicle at additional cost, solely attributable to the respective Travellers.

·         Airfare Fare - International airfare is not included in our prices unless and until specified. All airfares quoted (whether domestic or international) are subject to change until ticketed. Tickets will be issued only upon receipt of full payment of airfare/railway fare, due at the time of confirmation the booking by a Traveller. Airfare tickets documents may include special conditions including restrictions such as baggage size and weight limit. Tickets are not transferable. The Travellers shall be responsible for carrying all the travel documents including but not limited to passport, visa and boarding pass along with them at the time of departure. Travellers shall also ensure that they have provided the correct information such as name as in passport, dates of birth etc. while confirming a booking with THE TRAVELLING HUB. Travellers further agree that THE TRAVELLING HUB shall not be liable in any manner, for any loss or damage of any kind incurred by Traveller(s) as a result of any incorrect information provided by the Traveller.

·         VIII. Passport, Visa and Entry Permit  

1.      Travellers understand and agree that they shall have a passport with a validity of at-least 6 months from the date of return and also with sufficient blank pages. A valid visa is required for travelling in India and sub-continent countries such as Nepal, Bhutan, Sri-Lanka etc, irrespective of mode of transport i.e. either by air, sea or land.

2.      It is the sole responsibility of the Travellers (irrespective of their nationality) to obtain a valid passport, visa and other documents/pre-approvals as may be required for travelling in India and sub-continent countries, prior to their departure from their respective countries. It is suggested by THE TRAVELLING HUB that Travellers shall contact consulates, travel agents in their country of domicile to check on such requirements and regulations required for travelling in Indian and sub-continent countries, as they may change from time to time.

3.      No refunds shall be granted for services which are not utilized, in the event, a Traveller is denied boarding at any entry point or even after landing in India or in any of the sub-continent countries for reasons including but not limited to, not possessing a passport, visa, being quarantined at any airports in India or the sub-continent for health / medical reasons and non-compliance of any health and inoculation requirements as may be laid down from time to time by the concerned authorities.

·         Behaviour and Conduct

1.      Travellers are required to maintain a certain code of conduct while travelling in India and any of the sub-continental destinations. Travellers are also required to respect the local culture and religion. THE TRAVELLING HUB reserves the right to decline participation in activities that could impact a Traveller’s health or enjoyment by participating in such activities. THE TRAVELLING HUB also holds the right to terminate the participation of a Traveller travelling with a group or a tailor made trip of individuals, in the event, the behaviour or conduct of a Traveller is giving a negative impact on enjoyment of the fellow Travellers or result in insult to a country and THE TRAVELLING HUB culture, religion or citizens in which they are travelling.

2.      Travellers are also responsible for the safety and security of their personal belongings, artefacts, cash, valuables etc. While guides of THE TRAVELLING HUB and representatives endeavour to brief Travellers on all security measures to be undertaken by Travellers, but it is the sole responsibility of the Travellers for the safety and security of their personal belongings, artefacts, cash, valuables etc. and THE TRAVELLING HUB will not be held responsible or liable for any loss/damage, in case of any pick pocketing or thefts.

3.      No Traveller shall do anything or transmit any material that might constitute a criminal offence or give rise to any civil liability. Under no circumstances will THE TRAVELLING HUB be liable in any manner for any behaviour of Traveller(s), including without limitation, for any loss or damage of any kind incurred by Traveller(s) as a result of such behaviour.

4. PAYMENTS TERMS

• Travellers can make payments by wire transfer, banker cheques or Credit Cards such as VISA, MASTER, AMEX subject to a convenience fee of 3% of the total invoice for all credit card transactions. THE TRAVELLING HUB further reserves the right to alter any and all of its fees from time to time on account of increase or revision in any fee, duty, taxes etc. Travellers may be required to sign documents authorising THE TRAVELLING HUB to charge their cards as per the regulations of banks or credit card services.
• Any illegal transaction by the Travellers will not be the responsibility of THE TRAVELLING HUB and will be the sole liability of the Travellers. It would be THE TRAVELLING HUB discretion to retain the Traveller or cancel the services upon detection of such illegal transaction.
• 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.

5. DEPOSITS, CANCELLATION AND REFUNDS

• In the event, a Traveller cancels a Trip, the Traveller should notify THE TRAVELLING HUB in writing at-least 30 days prior to travel. Cancellation fee will be charged by THE TRAVELLING HUB for all cancelled bookings, as per the following terms.

• Any refunds due to travellers on account of a cancelled booking shall be paid after deducting cancellation charges as per the above cancellation terms. No refunds shall be made for bookings cancelled under 30 days prior to travel.
• THE TRAVELLING HUB is under no obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. In case of any cancelled booking, all subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservations.
• The Travellers understand and agree that in case of Force Majeure (refer clause 8), Travellers will be refunded the total amount received from them after deducting any taxes, cess, fee and cancellation charges or any other charges as applicable.
• In regard to refund of unused / unutilized services (which are paid for and cancelled in advance) the refund amount would be worked out on the basis of cancellation policy as described above and the money would be accordingly refunded to the person who has made the payment to THE TRAVELLING HUB. Please note that the refund process may take 2 – 4 weeks due to banking procedures. If the refund is made to the credit card account OR to Bank account, the bank charges would be debited from the refund amount.

6. INSURANCE

• Travellers undertake that they are adequately covered by travel insurance, prior to their departure. It is advisable that the travel insurance must cover personal accident, medical expenses, evacuations and repatriation, baggage loss and cancellation or curtailment of Holidays. The Travellers shall choose their travel insurance according to their own requirements in their country of origin or domicile.
• THE TRAVELLING HUB reserves the right to request the Travellers to produce insurance documents prior to their arrival or after their arrival in India. THE TRAVELLING HUB also reserves the right to cancel the booking, in the event, THE TRAVELLING HUB discovers that the Traveller(s) has not obtained adequate travel insurance. THE TRAVELLING HUB shall not be liable, in the event, Travellers wishes to travel without adequate or no insurance cover then such a trip shall be at their own risk. Further the Traveller shall also sign a disclaimer, indemnifying THE TRAVELLING HUB of all liabilities arising out of such travel for any expenses and/or losses/claims which might be incurred owing to inadequacy or lapse on the part of the Travellers to obtain such insurance.

7. LIMITATION OF LIABILITY

• Under no circumstances shall THE TRAVELLING HUB be liable for the services provided by Associate Service Providers. The services are provided on “as available” basis. Travellers acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), or any other compensation of any kind whatsoever against THE TRAVELLING HUB  and The Travelling Hub’s Director(s), that arise directly or indirectly with respect to Travellers. Need to understand this and reword it to indemnify THE TRAVELLING HUB
• Neither THE TRAVELLING HUB nor THE TRAVELLING HUB suppliers shall be liable to the Travellers for any incidental, consequential, special, indirect or exemplary damages arising out of THE TRAVELLING HUB services, merchant links, licensed products, including loss profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, THE TRAVELLING HUB shall have no monetary liability to any Traveller for any cause (regardless of the form of action) under or relating to this agreement. Under no circumstances the total Cumulative Liability of THE TRAVELLING HUB  under these terms and conditions on any account whether in contract or otherwise shall be limited to the amount actually paid to THE TRAVELLING HUB  by the Traveller less any taxes, cess, fee and cancellation charges or any other charges as applicable.

8. FORCE MAJEURE

• Travellers agree and understand that THE TRAVELLING HUB, its affiliates and Associates and Partner Providers may not be able to perform their respective obligations in an event of Force Majeure.
• For the purpose of these Terms and Conditions Force Majeure shall mean any event or circumstances or a combination of events and circumstances, which satisfy all the following conditions:
• Such events which are beyond the reasonable control of the affected party; THE TRAVELLING HUB , its affiliates and Associate Service Providers could not have prevented or reasonably overcome with the exercise of good industry practice or reasonable skill or care; Such an event which do not result from the negligence or misconduct of/ from/ by such party/ their representatives/ employees/ agents as the case may be, or the failure of such party to perform its obligation here under; war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy in each case involving or directly affecting India and the sub-continent revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage in each case within India or the Indian Sub-Continent countries covered on our itineraries; nuclear explosion, radioactive and chemical contamination or ionising radiation, directly affecting the area; strikes or working to rule, go-slows and/ or lock outs which are on each case wide spread nation wise or political; any affect of the natural elements including lighting, fire, earthquake, unprecedented rains, cloud bursts, flash floods, landslides, storms, cyclone, Tsunami, typhoon or tornado; explosion ( other than a nuclear explosion or an explosion resulting from an act of war); epidemics and plague; any major accident or breakdown which is not brought about by an act of sabotage by THE TRAVELLING HUB  or anyone affiliated to THE TRAVELLING HUB  or any of their employees or servants or agents; any fire, which is not the effect of natural element.

9. INTELLECTUAL PROPERTY

• Travellers hereby undertake and understand that any and all photographs, motion pictures, recordings, and/or likenesses of these being captured during a Trip organized by THE TRAVELLING HUB  or its affiliated entities or contractors, shall become the sole property of THE TRAVELLING HUB . The Travellers grant the right, permission and authority to THE TRAVELLING HUB  and its designees to use their name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. Further, THE TRAVELLING HUB  and its designees have the full right to sell and/or earn profits from the commercial use of such photographs, motion pictures, recordings and/or likenesses.

10. PRIVACY POLICY

• The Privacy Policy covers all practices concerning handling and securing the Travellers’ personal information by THE TRAVELLING HUB. This Privacy Policy is applicable to persons who purchase any product or service from THE TRAVELLING HUB via any sales channel (including but not limited to website, mobile site, offline channels such as call centres, retail offices, through Travel Agents or any other channels.

11. COLLECTION AND USE OF PERSONAL INFORMATION

• Travellers may be asked for personal information anytime they are in contact with THE TRAVELLING HUB directly or indirectly through a third party.
• Should Travellers purchase travel and/or related services or choose to go through the THE TRAVELLING HUB website or mobile site, they have to provide THE TRAVELLING HUB with certain personal information such as name(s) of persons travelling (name of traveller if the person travelling is different to the one purchasing), passport details (with scanned copies), residential address, phone number, email id, debit/credit card number and expiry date, debit/credit card billing address. Other personal information may be requested too in order to confirm and fulfil the Travellers’ bookings and in order to keep the Travellers informed of each booking. If a booking is made in the name of/for other Travellers, then it is the duty of the Traveller(s) who is/are booking, to ensure these other Travellers have agreed beforehand that their personal information may be disclosed.
• If Travellers choose to register/get in touch on the website or mobile site, then they have to accept the website’s disclaimer on THE TRAVELLING HUB’s website – www.thetravellinghub.com . Travellers may have to provide personal information including but not limited to their name, telephone number, e-mail address, a unique login name, etc in case they approach THE TRAVELLING HUB via website or mobile site.
• THE TRAVELLING HUB may automatically log generic information about your devices’ connection to the Internet, which is called “session data”, that is anonymous and not linked to any Personal Information. Session data consists of things such as IP address, operating system and type of browser software being used and the activities conducted by the Travellers while on the device. It helps THE TRAVELLING HUB  diagnose problems with its servers and lets it better administer systems along with analysing visitor traffic, number of visitors to various pages on the website/mobile site and so on. Although such information does not identify any visitor personally, it is possible to determine from an IP address a visitor’s Internet Service Provider (ISP), and the approximate geographic location of his or her point of connectivity.
• Cookies are small pieces of information that are stored by browsers on the device’s hard drive. Cookies are only read by the server that placed them, and are unable to do such things as run programs on a Travellers’ computer, plant viruses or harvest your Personal Information. However, if personally identifiable information has been previously provided, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with Third Parties.
• THE TRAVELLING HUB may share personal information as required to fulfils the service offering and/or to make booking, reservation, blocking and any such activity initiated by Travellers.
• THE TRAVELLING HUB has stringent security measures in place to protect the loss, misuse, and alteration of the information under its control. Whenever a payment gateway is accessed, THE TRAVELLING HUB offers the use of a secure server. However, in case of payment decline or server malfunction THE TRAVELLING HUB will not be responsible whatsoever. Traveller’s are advised to contact the bank directly and intimate THE TRAVELLING HUB in case of payment failure / server malfunction.
• By using THE TRAVELLING HUB  and/or by providing their information, Travellers consent to the collection and use of the information disclosed in accordance with this Privacy Policy, including but not limited to consent for sharing their information as per this privacy policy
• THE TRAVELLING HUB may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to:
• conform to the edicts of the law or comply with legal process served on THE TRAVELLING HUB  or the site;
• protect and defend the rights or property of THE TRAVELLING HUB  the site or the users of THE TRAVELLING HUB  and
• act under exigent circumstances to protect the personal safety of users of THE TRAVELLING HUB , the site or the public.

12. MODIFICATION OF TERMS & CONDITIONS & DISCLAIMERS

• THE TRAVELLING HUB reserves the right to change the terms & conditions and disclaimers under which THE TRAVELLING HUB websites/mobile sites are offered, including but not limited to the charges. The Traveller is responsible for regularly reviewing these terms and conditions.

13. INDEMNIFICATION

• Travellers agree to indemnify, save, and hold THE TRAVELLING HUB , its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Travellers’ use or misuse of THE TRAVELLING HUB Services; (ii) any violation by Travellers of this Agreement or (iii) any breach of the representations, warranties, and covenants made by Travellers herein.

14. GOVERNING APPLICABLE LAW

• In case of any dispute, it shall be resolved in accordance with the laws of India and in the Courts located in New Delhi, India, without giving effect to the principles of conflicts of law thereof. If any provision of this agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.