GENERAL TERMS AND CONDITIONS OF SERVICE
1. Background: We are [Insert Entity Name together with a brief description of the business] (“Groupla”). Groupla provides travel related services including itinerary planning, travel booking and hotel booking (“Services”). You are reading these General Terms and Conditions (“Terms”) because you wish to avail of Groupla’s Services.
2. Correctness of Information: During the time you avail Groupla’s services, you will be required to give information about yourself and your travel companions, including name, address, age, PAN and Aadhaar. You hereby promise Groupla that any and all such information provided there is correct and complete.
3. Applicability: Please read these Terms carefully. Upon your signature in the space provided at the end of the Terms, the General Terms will form a binding, enforceable contract between you and Groupla. If you accept these General Terms without any additions or deletions, they become effective upon your signed acceptance. No addition or deletion to these General Terms will bind Groupla without the signed acceptance by an authorized signatory of Groupla.
4. Group Bookings: In the event you are acting on behalf of a group of people, whether travelling with you or not, or as a representative of an organisation whose members are availing Groupla’s Services, you are deemed to have been authorised by those third parties to act on their behalf in relation to Groupla. Your acceptance or deemed acceptance of these Terms shall constitute acceptance by every traveller on whose behalf you are availing the Services. Groupla shall treat you as the single point of contact as regards any communication about these Terms and as regards your travel.
4. Group Bookings: In the event you are acting on behalf of a group of people, whether travelling with you or not, or as a representative of an organisation whose members are availing Groupla’s Services, you are deemed to have been authorised by those third parties to act on their behalf in relation to Groupla. Your acceptance or deemed acceptance of these Terms shall constitute acceptance by every traveller on whose behalf you are availing the Services. Groupla shall treat you as the single point of contact as regards any communication about these Terms and as regards your travel.
5. Supplemental Terms: In addition to these General Terms, there may be one or more “Supplemental Terms” which may apply to specific aspects of the Services availed. Please note that as regards general legal matters, these General Terms shall prevail and as regards technical, commercial and operational matters, the relevant Supplemental Terms shall prevail. However, while Groupla always intends to interpret these General Terms and any Supplemental Terms harmoniously, in the event of any inconsistency between them, the interpretation placed by Groupla shall be final and binding on you.
6. Tour or Itinerary Planning Services: Itinerary planning is a consultative and iterative process involving multiple discussions between you and Groupla. We will provide you with tour plans to choose from and our recommendations on a good faith basis. The final choice of itinerary is your choice and your responsibility alone.
7. Travel Bookings: Groupla shall provide you details as regards modes of travel and their relative pros and cons as regards timeliness, cost, convenience and such other factors. The final choice of method of travel is your right and your responsibility alone. Groupla shall not be responsible for any delays, cancellations, accidents or any other partial or complete failure of the availability of the chosen method of travel.
8. Accommodation Bookings: Groupla shall provide you details as regards options for accommodation and their relative pros and cons as regards cost, convenience, safety and such other factors. The final choice of accommodation is your right and your responsibility alone. Groupla shall not be responsible for any delays, cancellations, accidents or any other partial or complete failure of the availability of the chosen accommodation
9. Commercial Terms: You shall pay Groupla the prices, charges, and fees (by whatever name called) as accepted by you. You acknowledge and understand that payment charges may vary based on your mode of payment. You may be required to make payments in advance. Cancellation charges shall apply as outlined in the Supplemental Terms. Any deposits or advance payments made by you are non-refundable unless explicitly stated otherwise in the Supplemental Terms. Final payment deadlines must be adhered to, failing which bookings may be cancelled without refund. In the event that Groupla issues a refund, Groupla reserves the right to withhold administrative fees.
10. Representations and Warranties: In order to avail Groupla’s services, you would have supplied information, including personal details, details of destinations, preferred and confirmed options for dates, venues and modes of travel and stay. You represent and warrant that all such information is correct and complete.
11. Disclaimers:
11.1:- You are aware that many aspects of travel and local stay depend on third parties including airlines, railways, hotels, civic and visa authorities. Groupla is not responsible for any delays, cancellations, or any other impacts of these third parties on your travel plans. Groupla shall not be responsible for any rejection or delayed processing of visa applications or their impact on you travel plans.
11.2:- Groupla provides its services “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
11.3:- Groupla does not warrant or guarantee the performance, reliability, or suitability of any third-party service providers, including airlines, hotels, transportation companies, or other vendors engaged as part of the tour. Groupla shall not be responsible for any acts of such third-parties or their general conduct towards you.
11.4:- During the course of provision of Services, Groupla acts as an intermediary between you and other third-parties. You agree to be bound by any third-party terms and conditions which are necessary for you to avail of their services. Groupla shall, to a reasonable extent, make known to you these terms and conditions beforehand. However, Groupla shall, in no event, be responsible if your non-compliance with third-party terms and conditions, impact your travel plans.
11.5:- Accuracy of Information: Groupla makes every effort to provide accurate and up-to-date information about itineraries, accommodations, and travel arrangements. However, Groupla cannot guarantee that all information is free from errors or omissions.
11.6:- Third-Party Services: Groupla merely acts as an intermediary for accommodation, transportation, and other services provided by third parties. Groupla is not responsible for the performance, quality, or availability of services provided by these third parties.
11.7:- Changes in Itinerary: Groupla reserves the right to make changes to the itinerary, accommodations, or other arrangements as deemed necessary.
11.8:- Client Responsibility: You are responsible for ensuring you meet all legal, health, and entry/exit requirements for travel, including visas, passports, vaccinations, and compliance with customs regulations.
11.9:- Price Adjustments: Prices are subject to change due to fluctuations in taxes, fuel surcharges, currency fluctuations or other costs beyond Groupla’s control.
11.10:- Assumption of Risk: Participation in the tour may involve risks, including but not limited to personal injury, illness, property loss, or travel delays. You acknowledge and accept these risks. Groupla is not responsible for lost, stolen, or damaged personal belongings during the tour.
11.11:- Travel Insurance: You are strongly encouraged to purchase comprehensive travel insurance covering trip cancellations, medical emergencies, personal liability, and baggage loss. Groupla is not liable if you fail to secure adequate insurance.
11.12:- No Guarantee of Satisfaction: Groupla does not guarantee satisfaction with the services provided or your subjective experiences during the tour.
11.13:- Medical Conditions and Accessibility: You must disclose any medical conditions, disabilities, or dietary restrictions at the time of booking. Groupla is not liable for any issues arising from failure to disclose such information.
11.14:- Medical Conditions and Accessibility: You must disclose any medical conditions, disabilities, or dietary restrictions at the time of booking. Groupla is not liable for any issues arising from failure to disclose such information.
12. Medical Conditions and Accessibility: You must disclose any medical conditions, disabilities, or dietary restrictions at the time of booking. Groupla is not liable for any issues arising from failure to disclose such information.
13. Indemnity: You shall indemnify, defend, save and hold harmless Groupla against any and all losses, damages, liabilities, proceedings, claims and liabilities arising out of or resulting from:
- Breach of these Terms by you.
- Breach or violation of any local laws, rule, statute, direction or contract by you.
- Any loss, harm or injury caused to any person by you.
- Any nuisance caused to any other party or acts of public nuisance including those committed under the influence of alcohol drugs or any illegal substance.
14. Limitation of Liability: Notwithstanding anything to the contrary, the aggregate liability of Groupla to you shall be limited to the service charges you have paid Groupla reduced by fees, charges and taxes paid by Groupla to third parties. In no event shall Groupla be liable under any theory of law and whether advised of such liability or not, for any indirect damages whatsoever, including but not limited to special, incidental, consequential, punitive, or exemplary damages or loss of profits.
15. Governing Law and Dispute Resolution: These Terms shall be governed and construed in accordance with the laws of India. Disputes or differences arising out of or related to the Services or these Terms shall be resolved by negotiations between the parties. In the event a dispute remains unresolved by negotiations for 30 days from the commencement of the dispute, the parties shall refer the dispute to a mediator having not less than 15 years of experience in mediating commercial and consumer disputes. Subject to the foregoing, the courts in Bengaluru City shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms and you hereby submit to the same unconditionally.
16. Miscellaneous:
16.1:- Notices: Communications of a routine nature may be transacted by email. Communications of a non-routine nature, including notices for termination shall be given in writing and transmitted by prepaid registered mail addressed to the address first written above and marked to the attention of the principal points of contact indicated in these Terms.
16.2:- If any provision of these Terms is held to be illegal, invalid or unenforceable, the same shall not affect the remaining provisions hereof, which will remain in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as part of these Terms, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
16.3:- Entire Agreement/Amendment: These Terms together with signed addenda and any exhibits attached hereto shall form the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior or contemporaneous negotiations and agreements, oral or written, between them regarding the subject matter hereof.
16.4:- Counterpart Execution: These Terms may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.
16.5:- Non-Disparagement: You shall refrain from any disparagement, defamation, libel, or slander of Groupla and its founders, shareholders, directors, officers, employees, vendors, clients and other stakeholders.
16.6:- Force Majeure: Groupla shall not be held liable for delays, changes, or cancellations caused by acts of God, natural disasters, pandemics, strikes, war, civil unrest, government actions, or any other unforeseen events.