Terms and Conditions
The below mentioned terms and conditions (the “Terms and Conditions“) between Trip Desire, having its office at Gurugram, Haryana (“Trip Desire”) and any person (“User”) governs the terms and conditions when the User visits Trip Desire’s website tripdesire.co or the mobile based site or applications (“Websites”) or contact Trip Desire through sales persons, offices, call centers, branch offices, franchisees, agents, etc. (“Other Modes of Sales”) for the purpose of purchase or use of Trip Desire’s services related to travel bookings or hotel stay or any other travel related services that may be availed/booked through Trip Desire, either offline or Websites (either directly or indirectly) (“Services”).
By accessing or using Trip Desire’s Website or Other Modes of Sales for availing any of its Services, User confirms that it is above 18 years of age and is of sound mind and is competent to enter into a contract as per the applicable laws prevailing in the Republic of India and shall agree on the Terms and Conditions mentioned below.
Trip Desire and User are hereinafter collectively referred to as Parties and individually as a Party.
Trip Desire assists you in complete and hassle-free provision of travel related bookings such as flight bookings, hotel bookings, bus bookings, car rental, insurance and tour packages, making legitimate bookings or reservations, transacting with travel suppliers, and dealing with customer service requests.
PRICING, FEES AND TAXES
The total price displayed on the payment page of the Websites or quoted through Other Modes of Sale is inclusive of the applicable base fare, ticket charges, etc., charged by the airlines, hotels, restaurants, or other service providers as the case may be and shall be inclusive of applicable goods and service taxes (unless specified otherwise) and convenience fee.
The convenience fee charged by Trip Desire may be altered from time to time at its own discretion. Any such fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or modifying the booking or collecting the payment from such User.
Trip Desire may provide options for certain add on services/ options such as travel insurance, meals, buffet options, membership fee, etc., (“Add-ons”) the price of which shall be added in case the User is desirous of adding/ availing such Add-ons
Users are required to pay the entire amount prior to the confirmation of their booking(s). In the event the User does not pay the entire booking amount, taxes, statutory fee, convenience fee,
etc., or pays partial booking amount, taxes, statutory fee, convenience fee, etc., due to any technical error or other reason, Trip Desire reserves the right to demand such balance amount from the User or cancel the booking.
User agrees to pay all statutory taxes, surcharges and fees, as applicable on the date of travel. Any retrospective increase in the statutory taxes, levies, etc., as per applicable laws shall be borne by the User.
In the event the booking is not confirmed for any reason whatsoever, Trip Desire shall process the refund of the amount paid by the User and keep the User informed on the refund procedure and status. No alternate booking in lieu of or to compensate or replace the unconfirmed booking shall be provided by Trip Desire. Any applicable refund will be processed as per the defined policies of the service provider and Trip desire as the case may be.
Our payment gateway is completely secure, encrypted and the Users can make the online payments through a safe transaction process that ensures complete protection of Users personal details such as personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, digital wallets passwords, UPI id, etc. (“Confidential Credentials”)
In order to prevent fraud, misuse of Confidential Credentials, the payments shall always be made to Trip Desire (either through the payment gateway or bank account of Trip Desire). Trip Desire or its agents, representatives or employees shall never ask the User to transfer money to any private account or to an account not held in the name of Trip Desire. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Trip Desire or to any personal account of any person, Trip Desire shall not be held liable for the same. User shall not hold any right to recover from Trip Desire any amount which is transferred by the User to any third party.
It is strictly advised to Users not to share Confidential Credentials with any person including the agents, employees or representatives of Trip Desire. The User shall immediately inform Trip Desire if such details are demanded by any of its agents’ employees or representatives. Trip Desire shall not be liable for any loss that the User incurs due to sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
Booking(s) made by the User shall always be subject to the applicable cancellation policy as set out on the terms of service of the particular airlines, hotels, etc., or as communicated to the customers in writing.
USER ACCOUNT DETAILS
All account information supplied by User shall be true, accurate, current and complete. If the User is provided with a login id, password or any other piece of information as part of Trip Desire’s security procedures. User shall always treat such information as confidential. User shall not disclose it to any third party. User fully understands and agree that Trip Desire will not be liable for any losses suffered by the User as a result of failing to treat such information as confidential.
Trip Desire reserves the right to disable any user identification code or password, whether chosen by User or allocated by Trip Desire, at any time, if in Trip Desire’s reasonable opinion User have failed to comply with any of the provisions of these Terms and Conditions.
If User know or suspect that any third/ other person knows User identification code or password, User must promptly notify Trip Desire using the contact details above as provided on the Websites.
INTELLECTUAL PROPERTY RIGHTS
These Terms and Conditions does not grant User any license or other rights to or in any intellectual property, Intellectual Property Rights or technology owned or operated by Trip Desire or any of its affiliates, including, without limitation, any trademarks or trade names. Nothing in these Terms and Conditions restricts any rights Trip Desire may have under applicable law or otherwise.
For the purposes of this Clause “Intellectual Property Rights” means any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask works (b) trade mark and trade name rights and similar rights (c) trade secret rights (d) patents, design, algorithms and other industrial property rights (e) all other intellectual and industrial property rights (of every kind or nature throughout the universe and however designated) including “logos” “rental” rights and rights to remuneration, whether arising by operation of law, contract, license or otherwise and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues here now or hereafter in force (including any rights in any of the foregoing);
If you are aware of an infringement of our brand, please let us know by emailing us at email@example.com We only address messages concerning brand infringement at this email address.
WEBSITES AND OTHER MODES OF SALES
The User will use Websites and the Other Modes of Sale as per its Terms and Conditions User will use the Website only to make lawful bookings for himself/ herself or other person for whom you are officially approved to do these kinds of bookings. In such a case, User will inform other persons about the Terms and Condition of the Website. The User shall always provide accurate information about every official document and other important details like name and date of birth. In case of any error or mistake in the process of information, User will be solely responsible for the same.
User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
Trip Desire will always make its best endeavours to ensure that the content on the Websites or Other Modes of Sales are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or Other Modes of Sale is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
You may use our Websites only for lawful purposes. You may not use our Websites:
- In any way that breaches any applicable local, national laws.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar spam.
User’s also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention with hereof.
- Not to access without authority, interfere with, damage or disrupt any part of the Website.
- any equipment or network on which Website is stored. any software used in the provision of our Services. any equipment or network or software owned or used by any third party.
- Not interfere or attempt to interfere with the normal operation of the Website or any activity that is conducted on the Website.
- Not to take any action that would result in an unreasonably large data load on our Website’s network.
NO RESPONSIBILITY FOR WEBSITES WE LINK TO
Where Trip Desire’s Websites contains links to other sites and resources provided by third parties, these links are provided for User’s information only. Such links should not be interpreted as approval by Trip Desire of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
LIMITATION OF LIABILITY
Trip Desire always acts as an arranger/ intermediary by connecting the User with the respective service providers like airlines, hotels, restaurants, car rental companies, bus operators, etc (“Vendors”). Trip Desire don’t assure that the Services will be uninterrupted or error-free.
Trip Desire’s liability is limited to providing the User with a confirmed booking as selected by the User.
Trip Desire does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of the Vendors in connections with the bookings over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action or interruption of the Internet or other telecommunications services or certain technical work carried out on this Website
No representations, warranties or condition are given by Trip Desire in respect of any information which is provided to User on the Website and any such representations, warranties or condition are excluded, save to the extent that such exclusion is prohibited. Please note that we only provide our Websites for Domestic and private use. You agree not to use our Websites for any commercial or business purposes, and we have no liability to you for any loss of profit.
The User shall be responsible for any losses suffered by Trip Desire as a result of any use of the Website which is not in accordance with Terms and Conditions.
USE OF MATERIAL UPLOADED BY USER
When the Users upload or post content on the Website in the form of reviews, photos, feedback, etc. The User grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of and display such content in connection with the services provided by Trip Desire and across different media, including the use of such content to promote the Trip Desire. User’s also grant Trip Desire the right to take legal action against any infringement of its or User’s rights in the content.
BREACH OF TERMS AND CONDITIONS
Failure to comply with these Terms and Conditions may result in Trip Desire taking all or any of the following actions against the User:
- Immediate, temporary or permanent withdrawal of right to use Website;
- Immediate, temporary or permanent removal of any contribution uploaded by the User on Trip Desire’s Website;
- Issue of a warning;
- Legal proceedings for reimbursement of all costs on an indemnity (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action, if required; and
- Disclosure of such information to enforcement authorities as we reasonably feel is necessary or as required.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER
Trip Desire will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.
Trip Desire may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by Trip Desire are:
Duly requested and authorized by the User;
in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify Trip Desire against all types of losses and damages incurred by Trip desire due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Trip Desire with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
The User shall indemnify and hold harmless Trip Desire and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, damages, proceedings, costs and expenses resulting from or in connection with: (a) any breach of any representations, warranties, covenants or Terms and Conditions.
GOVERNING LAW AND JURISDICTION
The Terms and Conditions including all matters relating to its validity, construction, performance and enforcement, shall be governed by and construed in accordance with the laws of India. The courts in Gurgaon, Haryana shall have exclusive jurisdiction over any disputes occurring between the Parties.
Trip Desire reserves the right to amend these Terms and Conditions from time to time. If you are a registered user of the Websites, we will notify you of material changes to these Terms and conditions by either sending a notice to the email address associated with your account or by placing a notice on our Website.
The Parties hereto undertakes with the others to act in the utmost good faith in interpreting and implementing these Terms and Conditions and agrees to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of these Terms and Conditions.
If any provision of these Terms and Conditions is found by any court to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
AMENDMENTS TO WEBSITE
We may update and change the Website from time to time to reflect changes to our Services, our users’ needs and our customer support. We will try to give you reasonable notice of any major changes.
Trip Desire reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Websites, which is deemed to be unlawful, objectionable, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to . On receiving such report, Trip Desire reserves the right to investigate and/or take such action as the as it may deem appropriate.
SUSPENSION OR WITHDRAWAL OF WEBSITE
Trip Desire does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Trip Desire may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. Trip Desire may give reasonable notice of any suspension or withdrawal.
WE STRONGLY ADVISE TO BEWARE FROM ANY FRAUDULENT CALLS ASKING FOR YOUR FINANCIAL INFORMATION OR ANY PHISHING OR SPAMMING. TRIP DESIRE OR ANY OF ITS AGENTS/ EMPLOYEES NEVER ASK FOR YOUR CARD NUMBER/ EXPIRY/ CVV/ OTP/ PASSWORDS. DON’T SHARE ON CALL/ EMAIL.
TERMS OF SERVICE
These terms of service read together with the Terms and Conditions (hereinafter referred to as “Terms of Service”) between Trip Desire and the Users describe, inter-alia, the terms of offer, terms and conditions of the concerned Vendor for availing and purchase of travel related services, including but not limited to cancellation and refund policies.
Please read the Terms of Service carefully before availing any services through Trip Desire. Any service availed by the User through Trip Desire shall signify Users acceptance of the Terms and Conditions and shall be legally bound by the same. In addition to the foregoing, if there is any conflict between the Terms and Conditions of Trip Desire and the additional Vendor terms, the additional Vendor terms shall take precedence in relation to that service.
Trip Desire is a platform/marketplace that facilitates online booking and purchase of travel packages and other travel related services (“Services”) offered by various third-party service providers (“Vendor/s”).
Vendors are the service providers for the Services on Trip Desire and are solely responsible to User for the services sold or for redemption of any travel voucher purchased by User through Trip Desire. Trip Desire’s role is limited to facilitating the communication between User and the Vendor through this Website, for Services.
Trip Desire is a platform/marketplace that facilitates online booking and purchase of airline booking, hotel bookings, bus bookings, cab booking, domestic and international travel and tour packages. Users may note that the Vendors may have their own terms and conditions which needs to be followed by the Users and Trip Desire will in no case be liable for any loss, damage (whether direct or indirect) caused due to non-adherence of the terms and conditions of the concerned Vendor.
Additionally, the Vendor 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, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Vendor with whom the User elects to deal, including terms and conditions set forth in a Vendors fare rules, contract of carriage or house rules.
All the terms and conditions of the concerned Vendor shall be displayed on the booking voucher and or the website of that Vendor for that particular service. Trip Desire takes no responsibility for making Users aware of the terms and conditions of the concerned Vendor.
CANCELLATION AND REFUNDS
Refund and cancellations will be as per the Vendor’s rules and cancellation policy. As We
Please note that cancellations made directly with the Vendor needs to be intimated to Trip Desire, in order to initiate the process of refund. The processing time for refunds may vary depending on the mode of payment, bank etc. The refund shall be processed after deducting the service fee, deductions, etc., as applicable and the convenience fee charged by Trip Desire.
The refund will be credited to the same account from which the payment was made.
Cancellation of tickets, wherever applicable can be done either through the booking reference number or by User’s login in the Trip Desire’s website or mobile application, or by calling on the customer care number. Any such cancellation shall be subject to such cancellation charges as mentioned on the ticket/ booking voucher, etc.