User Agreement
Agreement Between User and Spot A Trip
This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of Spot A Trip.
Any person ("User") who inquiries about or purchases any products or services of Spot A Trip through its websites, mobile applications, sales persons, offices, call centres, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites and the mobile applications of Spot A Trip are collectively referred to as 'Website'.
Both User and Spot A Trip are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
"Terms of Service" available on Spot A Trip ‘s website details out terms & conditions applicable on various services or products facilitated by Spot A Trip. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
ELIGIBILTY
The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of Spot A Trip. If you are a minor or below the age of 18 years, you will ineligible to register as a User of the Website and shall not transact on or use the Website.
As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false. The legal guardian including parents of the minor shall be liable for consequences of act done by the minor.
Before using the Website, approaching any Sales Channels or procuring the services of Spot A Trip, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with Spot A Trip. If the User does not agree with any part of this Agreement, then the User must not avail Spot A Trip 's services and must not access or approach the Sales Channels of Spot A Trip.
All rights and liabilities of the User and Spot A Trip with respect to any services or product facilitated by Spot A Trip shall be restricted to the scope of this User Agreement.
CONTENT
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by Spot A Trip and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by Spot A Trip which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of Spot A Trip, as may be applicable. Spot A Trip does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law and it shall have legal consequences.
WEBSITE
The Website is meant to be used by bonafide User(s) for a lawful use
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.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Spot A Trip are true and accurate.
Spot A Trip reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
Spot A Trip will always make its best endeavours to ensure that the content on its websites or other sales channels 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 any other Sales Channel 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.
SPOT A TRIP 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 Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to support@spotatrip.com. On receiving such report, SPOT A TRIP reserves the right to investigate and/or take such action as the Company may deem appropriate.
User(s) shall not host, display, upload, publish, transmit or share any information on SPOT A TRIP’s website or app which:
• belongs to another person and to which the User does not have any right;
• is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
• is harmful to child;
• infringes any patent, trademark, copyright or other proprietary rights;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of SPOT A TRIP’s platform;
• violates any law for the time being in force;
PROCEDURE TO REPORT OBJECTIONABLE/INFRINGING CONTENT
• User(s) can report any content on the Website/App which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law.
• If the individual is of the view that any content on or listings on SPOT A TRIP contains any objectionable or infringing content, User(s) may fill out and submit the at support@spotatrip.com. SPOT A TRIP shall endeavour to review all complete and valid complaints within the prescribed timeframe under applicable law.
• The information shared as part of the complaint shall a) clearly identify the violations b) Location of the material on the Website, including but not limited to the link of the infringing material c) In case of any IP violations, proof of ownership of such IP and d) contact information
• Complainant consents that SPOT A TRIP shall share the contents of any complaint with necessary third parties including without limitation the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
• SPOT A TRIP shall make commercially reasonable efforts to resolve all content related complaints within the time period prescribed under applicable law provided that:
1. Complainant shall provide all relevant information and supporting documentation requested by SPOT A TRIP to enable SPOT A TRIP to evaluate the complaint; and,
2. SPOT A TRIP acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of SPOT A TRIP pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability.
3. All of SPOT A TRIP’s rights in such matters are fully reserved. SPOT A TRIP does not provide any guarantee or warranty in respect of the outcome of any
BOOKINGS BY TRAVEL AGENTS
Except with the prior registration with SPOT A TRIP as B2B agents, priority partner or a franchisee, and explicit permission of SPOT A TRIP to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, SPOT A TRIP reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. SPOT A TRIP shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All discounts and offers mentioned on the Website are applicable only to the User(s) of SPOT A TRIP for legitimate bookings.
LIMITED LIABILITY OF SPOTA TRIP
Unless SPOT A TRIP explicitly acts as a reseller in certain scenarios, SPOT A TRIP always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as "Service Providers"). SPOT A TRIP's liability is limited to providing the User with a confirmed booking as selected by the User.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. SPOT A TRIP will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
Unless explicitly committed by SPOT A TRIP as a part of any product or service:
SPOT A TRIP assumes no liability for the standard of services as provided by the respective Service Providers.
• SPOT A TRIP provides no guarantee with regard to their quality or fitness as represented.
• SPOT A TRIP doesn't guarantee the availability of any services as listed by a Service Provider.
By making a booking, User understands SPOT A TRIP merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not SPOT A TRIP. Thus the ultimate contract of service is between User and Service Provider.
User further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. SPOT A TRIP, therefore cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.
USER’S RESPONSIBILITY
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through SPOT A TRIP. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an "as is" and "as available" basis. SPOT A TRIP may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. SPOT A TRIP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from SPOT A TRIP or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes SPOT A TRIP's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify SPOT A TRIP immediately in writing of any unauthorized use of their password or account or any other breach of security. SPOT A TRIP will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.
User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.
SPOT A TRIP keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., SPOT A TRIP may at times verify certain information of its Users like their credit score, as and when required.
Additionally, SPOT A TRIP may share your Personal Information in an anonymized and/ or aggregated form with a third party that SPOT A TRIP may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.
SPOT A TRIP adopts the reasonable industry standard measures to secure the information as provided by the User. However, SPOT A TRIP cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
The data of the User as available with SPOT A TRIP may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, SPOT A TRIP reserves the right to charge certain fees in the nature of convenience fees or service fees. SPOT A TRIP further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, SPOT A TRIP shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to SPOT A TRIP. In cases where the short charge is claimed prior to the utilization of the booking, SPOT A TRIP will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by SPOT A TRIP on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, SPOT A TRIP will process the refund of the booking amount paid by the User and intimate the User about the same. SPOT A TRIP is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and SPOT A TRIP as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
The User agrees and understands that all payments shall only be made to bank accounts of SPOT A TRIP. SPOT A TRIP or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of SPOT A TRIP. 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 SPOT A TRIP or to any personal account of any person, SPOT A TRIP shall not be held liable for the same. User shall not hold any right to recover from SPOT A TRIP any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of SPOT A TRIP. The User shall immediately inform SPOT A TRIP if such details are demanded by any of its agents' employees or representatives. SPOT A TRIP shall not be liable for any loss that the User incurs for 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 through SPOT A TRIP will be subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
SPOT A TRIP provides various modes of making payments on the website for transacting, like Apple Pay, Google Pay, Credit/Debit cards of various bank.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF USER BY SPOT A TRIP
SPOT A TRIP 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.
SPOT A TRIP 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 will indemnify SPOT A TRIP against all types of losses and damages incurred by SPOT A TRIP 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 SPOT A TRIP 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.
TCS COMPLIANCE
TCS on Overseas tour packages:
'Overseas tour package' means any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.
‘Specified Person’ means a person defined as per provisions of Section 206CCA(3) of Income Tax Act, 1961.
The User is liable to pay Tax collected at source (TCS) on booking of an ‘Overseas tour package’ at an appropriate rate over and above the price charged for such package in compliance with the provisions of Section 206C (1G)(b) of the Income Tax Act, 1961. SPOT A TRIP will deposit the TCS amount so collected with the Government and issue appropriate document/certificate to the User in compliance with aforesaid provision.
The User is required to provide a valid PAN of User/Traveler(s) at the time of booking an overseas tour package with SPOT A TRIP. The User understands and agrees that SPOT A TRIP, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance of provisions of Section 206CC of Income Tax Act. The User agree that in case the PAN is found to be invalid, or it does not belong to User/traveler(s), SPOT A TRIP has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to said booking.
The User further understand and agrees that SPOT A TRIP would also, at the time of booking or at a later stage, validate User/traveler(s) PAN as per the provisions of Section 206CCA of Income Tax Act and if on validation the User qualifies as a ‘Specified person’, the User agrees to pay TCS to SPOT A TRIP at such higher rate as may be applicable under section 206CCA. The User agrees to pay the additional TCS amount to SPOT A TRIP where, as a result of validation under section 206CCA, the TCS collected at the time of booking fall short of the applicable rate of TCS. If User fails or disagree to pay the additional TCS, SPOT A TRIP has the right to cancel the booking and process appropriate refund as per the cancellation policy applicable to such booking.
COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)
The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS)which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveller will be shared by the User on or before the cut-off date prescribed by SPOT A TRIP either at the time of booking or after the booking is made. In case the traveller is a minor, SPOT A TRIP will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.
The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, SPOT A TRIP has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
The User authorizes SPOT A TRIP to retrieve User’s/ traveller’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.
The User understands SPOT A TRIP does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.
The User authorizes SPOT A TRIP to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.
OBLIGATION TO OBTAIN VISA
International bookings made through SPOT A TRIP are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.
SPOT A TRIP is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of SPOT A TRIP for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
FORCE MAJEURE
There can be exceptional circumstances where SPOT A TRIP and / or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of SPOT A TRIP. If SPOT A TRIP has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that SPOT A TRIP being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, SPOT A TRIP’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge SPOT A TRIP from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall SPOT A TRIP and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
ADVERTISERS ON SPOT A TRIP, AND LINKED WEBSITES
The Website may contain links to third party websites. SPOT A TRIP does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and SPOT A TRIP shall assume no liability for the same.
SPOT A TRIP is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
SPOT A TRIP does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of SPOT A TRIP and hence SPOT A TRIP is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. SPOT A TRIP is providing these links to the Users only as a convenience.
RIGHT TO REFUSAL BY SPOT A TRIP:
SPOT A TRIP at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
SPOT A TRIP will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to SPOT A TRIP under this User Agreement or under applicable law, SPOT A TRIP may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
• The User is in breach of this User Agreement; or
• SPOT A TRIP is unable to verify or authenticate any information provided by the User; or
• SPOT A TRIP believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of SPOT A TRIP, or SPOT A TRIP itself.
Once a User has been suspended or terminated, such User shall not register or attempt to register with SPOT A TRIP with different credentials, or use the Website in any manner whatsoever until such User is reinstated by SPOT A TRIP. SPOT A TRIP may at any time in its sole discretion reinstate suspended users.
If a User breaches this User Agreement, SPOT A TRIP reserves the right to recover any amounts due to be paid by the User to SPOT A TRIP, and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to SPOT A TRIP which is, or communicate with SPOT A TRIP using language or content which is:
• abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
• contrary to any applicable law;
• violates third parties' intellectual property rights;
• a spam; or
• in breach of any other part of these terms and conditions of use.
If the User violates any of the aforesaid terms, SPOT A TRIP shall be at liberty to take appropriate legal action against the User.
RIGHT TO REFUSAL BY END SERVICE PROVIDER:
User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through SPOT A TRIP with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of SPOT A TRIP and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not SPOT A TRIP.
RIGHT TO CANCEL
The User expressly undertakes to provide SPOT A TRIP with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from SPOT A TRIP.
In case SPOT A TRIP discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travellers is not correct or that any fact has been misrepresented by that User, SPOT A TRIP shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, SPOT A TRIP shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, government authority approaches SPOT A TRIP to cancel any booking, SPOT A TRIP will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold SPOT A TRIP responsible for any loss or damage arising out of measures taken by SPOT A TRIP for safeguarding its own interest and that of its genuine customers. This would also include SPOT A TRIP denying or cancelling any bookings on account of suspected fraud transactions.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
SPOT A TRIP's employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately on support@spotatrip.com.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless SPOT A TRIP, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and SPOT A TRIP cannot be held responsible for the same.
COVID-19 RELATED TERMS & CONDITIONS:
User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:
• exhibiting any symptoms associated with COVID 19.
• refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.
• suffering of any ailment making the User vulnerable to the virus
• posing a threat to the health and safety of others
In such cases SPOT A TRIP will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by SPOT A TRIP to the User subject to receipt of the same from the end service provider.
User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveller will have to follow in order to undertake the travel.
The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, SPOT A TRIP will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.
User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. or at the time of checking-in for a flight, into a hotel etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.
User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard the User may be required to furnish a medical proof or health declaration in a applicable format.
MISCLLEANEOUS
SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Ernakulam, Kerala.
AMENDMENT TO THE USER AGREEMENT: SPOT A TRIP reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
CONFIDENTIALITY: Any information which is specifically mentioned by SPOT A TRIP as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
FEEDBACK FROM CUSTOMER: SPOT A TRIP would like to know the feedback of the Users for improving its services. The User hereby authorizes SPOT A TRIP to contact the User for their feedback on various services offered by SPOT A TRIP. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to SPOT A TRIP for specific exclusion at support@spotatrip.com.
PRIVACY POLICY: User shall also refer to SPOT A TRIP's Privacy Policy available on SPOT A TRIP's website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by SPOT A TRIP and its affiliates in accordance with the terms of the Privacy Policy.
GRIEVANCE REDRESSAL: SPOT A TRIP strongly believes in resolving the issues raised by the User(s). In the event if user feels that it’s concern has not been resolved to it’s satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 days from the date of escalation. To reach the grievance officer please use this link to submit the details. User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 days from the date of ticket generation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer through this link.
In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:
Name: Mr. Sanish Abdul Rahiman
Email ID: support@spotatrip.com
Address: Spot A Trip,
B.No:24/463,opp. Lakeshore hospital,
Nettoor P.O,Ernakulam, Kerala,India-682019
Working hours : Mon to Sat (9:00 to 18:00)
TERMS OF SERVICE
*FLIGHT TICKETS
*HOTELS
*BUS
*INBOUND AND OUTBOUND DOMESTIC TOURS
FLIGHT TICKETS
TERMS OF THE AIRLINES
The airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.
SPOT A TRIP merely acts as a facilitator to enable the User to book a flight ticket. The contract of service for utilization of the flight is always between the User and the concerned airline.
Airlines retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to SPOT A TRIP. As a facilitator SPOT A TRIP has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that a User may incur due to such change or cancellation of a flight.
Different tickets on the same airline may carry different restrictions or include different services and price.
The baggage allowance on given fare is as per the terms decided by the airline, and SPOT A TRIP has no role to play in the same. Some of the fares shown in the booking flow are "hand baggage fares" which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check-in baggage to a booking may vary from airline to airline. The User is advised to contact the airlines for detailed costs.
CODE SHARE
Some airlines enter into "code share" agreements with other Airlines. This means that on certain routes, the airline carrier selling or marketing the flight ticket does not fly its own aircraft to that destination. Instead, it contracts or partners with another airline to fly to that destination. The partner airline is listed as "operated by" in the booking flow.
If your flight is a code share, it will be disclosed to you in the booking process and prior to payment.
SPOT A TRIP will disclose any such code-share arrangements to the User, only when the ticketing airline discloses it to SPOT A TRIP in the first place.
PRICING
The total price displayed on the Website on the payment page usually includes base fare, applicable government taxes and convenience fee. 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 amount, SPOT A TRIP reserves its right to cancel the booking. User agrees to pay all statutory taxes, surcharges and fees, as applicable on the date of travel.
To avail infant fares, the age of the child must be under 24 months throughout the entire itinerary. This includes both onward and return journeys. If the infant is 24 months or above on the return journey, User will be required to make a separate booking using a child fare. Any infants or children must be accompanied by an adult as per the terms of the airlines.
TRAVEL DOCUMENTS
It shall be the sole responsibility of the User to ensure they are in possession of valid travel documents such as identity proof, passport, visa (including transit visa) etc. to undertake the travel. User agrees that in case of inability to travel for not carrying valid travel documents, SPOT A TRIP shall in no way be held liable.
User understands that the information (if any) provided by SPOT A TRIP regarding the travel documents is only advisory in nature and can't be considered conclusive. The User shall ensure checking the requirements of travel with the respective airlines of the respective jurisdictions the User may transit through or choose to visit.
CHECK-IN TERMS
User should check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights.
User should carry valid identification proofs, passport, age proofs as may be required to prove the identity, nationality and age of the passengers travelling on a ticket, including infants.
USE OF FLIGHT SEGMENTS
In the event User does not embark on the onward journey, the entire PNR pertaining to that booking shall be automatically cancelled by the airline. In such a scenario SPOT A TRIP has no control in the said process nor will be obligated to provide alternate bookings to the User. The cancellation penalty in such an event shall be as per the applicable airline rules.
CHANGES TO EXISTING BOOKING
Any changes that are made to any existing booking shall be subject to certain charges levied by the respective airline, apart from the service fee charged by SPOT A TRIP.
The User shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the airline's policy and fare class, charges for changes or modifications to existing bookings may vary.
REFUND
Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to SPOT A TRIP receiving the same from the airlines. However, the convenience fee paid to SPOT A TRIP paid at the time of booking is a non-refundable fee.
All cancellations made directly with the airline need to be intimated to SPOT A TRIP, 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 SPOT A TRIP service fee which is independent of the convenience fee as mentioned above.
The refund will be credited to the same account from which the payment was made. For example, if the User used a credit card, SPOT A TRIP will make an appropriate charge reversal to the same credit card; like-wise if the User used a debit card, SPOT A TRIP will credit the money to the same debit card.
In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.
HOTELS
ROLE OF SPOT A TRIP AND LIMITATION OF LIABILITY OF SPOT A TRIP
SPOT A TRIP acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context includes all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.
All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to SPOT A TRIP. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. SPOT A TRIP will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL
The hotel booking voucher which SPOT A TRIP issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can SPOT A TRIP be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of SPOT A TRIP in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of SPOT A TRIP (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.
Hotels reserves the sole right of admission and SPOT A TRIP has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. SPOT A TRIP will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of SPOT A TRIP. No refund would be applicable in case the hotel denies check-in under such circumstances.
RESPONSIBILITIES OF THE USER
The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (wilful/negligent) 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. SPOT A TRIP would not, in any way, intervene in the same.
The primary guest must be at least 18 years old to be able to check into the hotel.
The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out request is subject to availability and the hotel may charge an additional fee for providing such services.
ADDITIONAL CHARGES BY THE HOTEL
The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.
Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. SPOT A TRIP will have no control over waiving the same.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by SPOT A TRIP.
At the hotel's or SPOT A TRIP's sole discretion on case to case basis, the User may also be provided with an option to make a part payment to SPOT A TRIP at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide SPOT A TRIP with correct credit or debit card details. SPOT A TRIP may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
For security purposes, the User must provide SPOT A TRIP with correct credit or debit card details. SPOT A TRIP may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.
Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by SPOT A TRIP and solely at the behest of the Hotel.
BUS
ROLE OF SPOT A TRIP
SPOT A TRIP only provides a technology platform that connects intending travellers with bus operators. It doesn't operate any bus or offer the service of transportation to the User. SPOT A TRIP also doesn't act as an agent of any bus operator in the process of providing the above-mentioned technology platform services.
The bus ticket booking voucher which SPOT A TRIP issues to a User is solely based on the information provided or updated by the bus operator regarding the seat availability.
The amenities, services, routes, fares, schedule, bus type, seat availability and any other details pertaining to the bus service are provided by the respective bus operator and SPOT A TRIP has no control over such information provided by the bus operator.
LIMITATION OF LIABILITY OF SPOT A TRIP
In its role as a technology platform to facilitate transactions between the bus operators and the Users, SPOT A TRIP shall not be responsible for the operations of the bus operator including, but not limited to the following:
•Timely departure or arrival of the bus;
•The conduct of bus operator's employees, representatives or agents;
•The condition of the bus, seats etc. not being up to the customer's expectation or as per the description provided by the bus operator;
•Cancellation of the trip due to any reasons;
•Loss or damage of the baggage of the customer;
•The bus operator changing a customer's seat for any reason whatsoever;
•Bus operator informing a wrong boarding point for the issuance of the booking confirmation voucher, or changing such boarding point eventually with or without any notification to SPOT A TRIP or the User;
•Bus operator using a separate pick-up vehicle to transport the User from the designated boarding point to the actual place of departure of the bus.
RESPONSIBILITIES OF THE USERS
Users are advised to call the bus operator to find out the exact boarding point, or any information which they may need for the purpose of boarding or travel in that trip.
At the time of boarding the bus, Users shall furnish a copy of the ticket, and any valid identity proof like aadhar card, passport, PAN card or voter identification card or any other identity proof issued by a government authority.
Users are required to reach the boarding place atleast 30 minutes before the scheduled departure time.
All tickets issued shall be non-transferable.
User needs to compulsorily obtain a bus ticket at the regular fare in case a child above the age of 5 years is accompanied by them, unless otherwise a particular bus operator specifies otherwise in their terms and conditions.
CANCELLATION OF TICKET
Cancellation of tickets can be done either through the User's login in the SPOT A TRIP's website or mobile application, or by calling on the customer care number;
Any cancellation is subject to such cancellation charges as mentioned on the ticket.
RESPONSIBILITIES OF THE USERS
The User agrees to comply with the terms and conditions of Activity Provider in addition to SPOT A TRIP's User Agreement and Terms of Service.
The User will be required to present the booking / confirmation voucher issued by SPOT A TRIP in order to avail the Activity.
The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of Activity booked outside India or any other document as specified by the Activity Provider in order to utilize the Activity booked.
The User may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Activity where mandated by the Activity Provider.
The User shall reach out to Activity Provider directly for any concerns subsequent to the confirmation of reservation.
The User should ensure that he qualifies all the eligibility criteria for availing the Activity including but not limited to age limit, weight limit, medical conditions etc. User understands that in case he is found unfit or illegible for the Activity, Activity provider may or may not allow the User to avail the said Activity.
PAYMENTS FOR BOOKINGS, AND CANCELLATIONS
Reservations will be subject to cancellation and refund policies of the Activity Provider which may vary from time to time.
SPOT A TRIP may charge applicable taxes or service charge, convenience fees etc. wherever applicable.
SPECIAL OFFERS AND COUPONS
The following terms will additionally apply to any coupon provided by SPOT A TRIP:
• SPOT A TRIP responsibility is limited to sharing the coupon with the User
• The redemption of coupon is User's responsibility, and providing the service will be the Activity Provider's responsibility;
• The expiry date of the coupon shall be mentioned on the coupon and the User will not be able the use the coupon subsequent to the date of expiry;
• The coupon is not redeemable for cash;
• The coupon once purchased cannot be refunded or cancelled.
INBOUND AND OUTBOUND TOURS
DEFINITIONS
"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 to render services to the User.
"Outbound Tour" means a tour operated by SPOT A TRIP outside of India and includes, but is not limited to, brochure tours, special tours, packages, cruise, sightseeing, carnival, cosmos, star cruise etc.
"Tour Cost" means total booking cost of all the services booked by the User for his outbound tour.
"Booking Fees" means a non-refundable fee or token money deposited at the time of booking by the User.
"Brochure" means catalogue, leaflet, e-mail or any other document containing the details about the itinerary and activities on an outbound 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 SPOT A TRIP AND LIMITATION OF LIABILITY
SPOT A TRIP 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.
SPOT A TRIP shall not be responsible for any delay, improper service, standard of service provided by any service provider or 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 SPOT A TRIP's independent contractors.
SPOT A TRIP shall not be responsible for any act or actions of co-travellers, 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.
SPOT A TRIP 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 SPOT A TRIP, SPOT A TRIP 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 SPOT A TRIP.
In no event shall the entire liability of SPOT A TRIP 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 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 SPOT A TRIP 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 SPOT A TRIP being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds. The maximum liability of SPOT A TRIP in such events will be to refund the booking amount subject to receipt from the service providers.
BROCHURE
All information given in the Brochure is based on the information available at the time of publication. SPOT A TRIP reserves the right to change any information contained in the Brochure before or after booking the outbound tour due to any event(s) beyond the control of SPOT A TRIP.
In case SPOT A TRIP becomes aware of any change before the departure for an Outbound Tour, SPOT A TRIP will take all reasonable steps to notify the User before the departure for that Outbound Tour. In the event of SPOT A TRIP becoming aware of the changes post the departure for the Outbound Tour, the SPOT A TRIP tour manager or local representative will inform the User about the change.
The prices quoted in the brochure will be calculated at the rate prevailing at the time of printing of the brochure. SPOT A TRIP reserves the right to amend the prices published in the brochure in case of currency fluctuations, changes in the various gross rates of exchange, and/ or fuel costs, special/ high season charge levied by the suppliers, 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 Outbound Tour in the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the SPOT A TRIP User Agreement & Terms of Service and are to be read in consonance with each other.
No claim of the User against any change in the Brochure regarding the Outbound Tour shall be entertained if such changes are due to reasons beyond the control of SPOT A TRIP.
MEALS AND SPECIAL REQUESTS
The menus are pre-set for meals on the Outbound Tour. The nature of meals is clearly indicated in the Brochure. SPOT A TRIP 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.
SPOT A TRIP 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 SPOT A TRIP.
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 room deliver breakfast. 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.
SPOT A TRIP may, in its sole discretion, entertain the requests for special meals, room allocations subject to such requests being honoured by respective service providers. SPOT A TRIP would take all the necessary steps to ensure that these special requests are honoured. However, in the event that such special requests are not honoured, SPOT A TRIP 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 SPOT A TRIP.
If the User fails to avail the meal due to the fault of SPOT A TRIP, then SPOT A TRIP's liability is limited to proportionate amount that the User had paid SPOT A TRIP for the meal while booking the outbound tour.
HOTELS IN THE OUTBOUND TOUR
SPOT A TRIP takes all reasonable steps at the time of selecting the hotels that form a part of the Outbound 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. SPOT A TRIP endeavours to provide details of the hotel to the User in advance vide proposed itinerary. However, SPOT A TRIP reserves 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 SPOT A TRIP.
SPOT A TRIP 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. SPOT A TRIP acts as a facilitator between the User and the hotel, 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. SPOT A TRIP 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 SPOT A TRIP.
User shall be responsible for his/ her baggage and valuables. SPOT A TRIP 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
SPOT A TRIP will provide a proposed itinerary to the User before the booking. Such proposed 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 Outbound 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.
SPOT A TRIP 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, SPOT A TRIP 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 SPOT A TRIP in the itinerary of the User post departure for outbound tour, SPOT A TRIP shall inform the User accordingly as and when such a change occurs. SPOT A TRIP shall not be held responsible in any manner whatsoever for any loss that a User might suffer consequent to such a change.
SPOT A TRIP reserves the right to claim any additional expenses on account of delays or changes in the itinerary, caused by any reason whatsoever.
SPOT A TRIP 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 outbound tour due to delay on his part, SPOT A TRIP would not be held liable to refund the money paid for the same.
SPOT A TRIP 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, SPOT A TRIP 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 AND SITTING
On the Outbound 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. SPOT A TRIP 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 SPOT A TRIP 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, SPOT A TRIP will provide an alternative within reasonable time. SPOT A TRIP 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 AND TRAVELLERS CHEQUES
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. 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 YEAR OF AGE
If a child below 12 years of age is booked on the outbound 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 Outbound 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 SPOT A TRIP 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. SPOT A TRIP 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.
SPOT A TRIP 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 SPOT A TRIP Broachers 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.
CANCELLATION CHARGES
If the Outbound 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 brochure or the itinerary will apply. In the absence of any such information, the following cancellation charges will apply:
Time period in which the cancellation is made Charges
45 days or more, prior to departure Booking fees
Between 44 and 31 days of departure 25% of Tour Cost
Between 30 and 15 days of departure 50% of Tour Cost
Between 14 and 8 days of departure 75% of Tour Cost
Within 7days prior to date of departure, or no-show for any reason what-so-ever 100% of Tour Cost
PAYMENT OF THE TOUR COST
Payment shall be made as per the payment schedule provided on the brochure, 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 SPOT A TRIP depends on various out bound service providers/ Independent contractors for the purpose of planning the OBT) as specified in the brochure or any other documented information provided at the time of booking.
If any cheque towards the payment is dishonoured, SPOT A TRIP, 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 SPOT A TRIP 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 foreign exchange components of the outbound 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.
SPOT A TRIP is not obligated in any circumstance to provide break–up of the invoice for each of the service included in the package.
REFUNDS
SPOT A TRIP 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 SPOT A TRIP receiving the amount from the said service provider. User acknowledges that SPOT A TRIP 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 SPOT A TRIP. In such events the User shall directly approach the service provider for any claims.
In case the User makes any changes in their accommodation while on the Outbound Tour, SPOT A TRIP 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 SPOT A TRIP 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 SPOT A TRIP amends or alters 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 SPOT A TRIP may offer.
In either of these cases above, the User shall not be entitled to nor SPOT A TRIP be liable to the User for any damage, additional expenses or consequential loss suffered by the User. SPOT A TRIP’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 SPOT A TRIP for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.
PROMOTION & DISCOUNTS
SPOT A TRIP 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 SPOT A TRIP, SPOT A TRIP 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 SPOT A TRIP/ 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.
SPOT A TRIP 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 OBT or on his own while on the OBT. 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 attributable to SPOT A TRIP.
MISCELLANEOUS
SPOT A TRIP reserves the right to withdraw tour membership of any User whose behaviour is deemed likely to affect the smooth operation of the outbound tour or adversely affect the enjoyment or safety of other passengers. SPOT A TRIP 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.
PAYMENT TERMS:
User agrees that apart from booking charges as charged by the Operator, SPOT A TRIP may charge an additional amount in nature of convenience fee or service fee. The said additional charges covers the cost incurred by SPOT A TRIP towards facilitating such booking. User agrees that the said charges are strictly non-refundable in nature. User further agrees that the amount collected by SPOT A TRIP for any given booking is passed on to Operator and therefore, SPOT A TRIP cannot be called as an Operator just because it collects payment for any booking.
The estimate cost provided at the time of booking is not to be construed as the final price, unless specifically indicated. The final amount will be calculated based on the verification of the vehicle at the time of return to the Operator or its representative. Basis the information received by the Operator, any refunds, as applicable will be made to the User.
Apart from the charges explained above, User at the time of booking will also have to make payment towards Security Deposit. The amount paid towards Security Deposit is strictly governed by the terms of Operator and SPOT A TRIP will have no role to play in decisive terms for refund of such Security Deposit at the time of handover of Cabs.
Any booking is subject to applicable cancellation policy set out on the booking page or as communicated to the User at the time of booking.
User also agrees that expenses like toll charges, permit charges, parking charges, entry fees, Service Tax & any other Government Tax as per Government guidelines are to be borne by the User. User also understand that in case of violation of any traffic and/or road rules, penalty charged by any concerned authority shall be borne by the User.