These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf on entity (“You”, “User”) and ORN Vacations Pvt. Ltd and our affiliated entities (hereinafter referred to as “TripFactory”, “we”, “us”, “our”). The information, data and material (“Information”) contained in this web site – “holidays.tripfactory.com” (“Web Site” or “Site”) has been prepared solely for the purpose of providing information about Tripfactory and its partners and the services that they offer.

You agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Tripfactory reserves the right to alter, change, modify, add or remove portions in whole or in part of these Terms at any time. Such changes shall be effective when posted on the Site. Notwithstanding anything to the contrary, it is Your responsibility for regularly reviewing the Terms, including amendments thereto as may be posted on the Site and shall be deemed to have accepted the amended Terms by continuing the use of Site.

Eligibility & Use of the Website

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Website in accordance with all Terms of Use herein. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete and accurate. Furthermore, you also confirm that the traveler is not an unaccompanied minor.

User Representations

By using the site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with the Terms of Use.
You are not under the age of 18.
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site.
You will not access the site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the site for any illegal or unauthorised purpose;
Your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Your Holiday Contract

When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of the party the terms of these booking conditions. After we receive your booking and all appropriate payments, if the arrangements you wish to book are available, we will issue a confirmation invoice. A binding agreement will come into existence between us when we dispatch this invoice to the ‘lead name’ or your Tour Operator / Travel Agent.

It is important to check the details on your invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us or your Tour Operator / Travel Agent immediately as it may not be possible to make changes later

Passports, visas, health requirements and travel documents

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. A full and valid passport is required for destinations we feature (including children) and Visas may be required for overseas destinations. Requirements may change and you must check the up to date position in good time before departure. By availing our services, you agree that TripFactory can only help you apply for the visa and is not responsible for any issues that may occur during this application including, but not limited to, delay, clarification or rejection by the embassy.

Insurance

We consider adequate travel insurance to be essential. Please read and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. TripFactory cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. If you choose to travel without adequate insurance coverage, we will not be liable for any of your losses howsoever arising, which would have been covered had you purchased adequate insurance.

Paying for Your Holiday

In order to confirm your chosen arrangements, you may either pay a partial amount as chosen by the Tour Operator or pay in full. If you choose to pay a partial sum, the remainder of the amount should be paid within 3 days of paying the partial amount. Paying any of these amount secures the specific types of airline tickets, tours, land transport etc, and this will be confirmed to you at time of booking. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below under the head “If you change your booking” will become payable. Cancellation fees, processing and booking amendment fees, as well as insurance premiums, are due immediately after invoicing by TripFactory. The travel documents will be sent to the customer within 14 days after receipt of his final payment at TripFactory. If the booking is made less than 30 days before arrival, the entire travel price is due immediately upon receipt of the written travel confirmation. We accept payment by credit card, debit card, internet banking and transfers to our bank accounts.

Convenience Fees

Convenience fees are applicable for all payments made after the date of booking, except for transfers into our Bank Account. We reserve the right to withdraw waivers for Convenience fees on payments made on day of booking.
Credit Card Fraud Contingency:
If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined or if you have supplied incorrect credit card information. We also reserve the right to do random checks in order to minimise credit card fraud. As a result of this, before issuing tickets we may require you to provide us with a fax or postal copy of proof of address, a copy of your credit card and a recent statement.

Your Holiday Price

TripFactory endeavours to ensure that the most up to date and correct prices are shown on our website. TripFactory reserves the right to raise or lower their prices at any time. Occasionally, an incorrect price may be shown, due to an error. When TripFactory become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. We reserve the right to cancel the booking if you do not wish to accept the price which is actually applicable to the holiday.

If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the ‘lead name’ on the booking or your Tour Operator through TripFactory.
You should be aware that these costs could increase the closer to the departure date that changes are made. Only one change of departure date, per booking may be permitted. Any change in departure date will be treated as a cancellation and full cancellation charges will apply.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.

If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time. Written notification by mail, fax or email from the ‘lead name’ on the booking or your Tour Operator on your behalf, must be received at our offices.
Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.
Our cancellation charges are a percentage of the total holiday cost. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us.
Please note that any amendment charges are non-refundable.
Please note, if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements. In cases where cancellation charges made by our suppliers are higher than the cost of the deposit, we may pass the charge on to you. Please ask for full details and we will notify you of the specific charges applicable to your booking.

If We Change or Cancel Your Holiday

Our Tour Operators begin planning the arrangements we offer many days in advance and so we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We must also reserve the right to cancel confirmed bookings at any time.

Most changes are minor but occasionally, we may have to make a Major Change. If we have to make a Major Change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:

(for Major Changes) accepting the changed arrangements or
Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or

Mode and Duration of Refund(s)

Refunds once initiated from our systems, are usually realised within 3-4 working days, but can take upto 21 working days to hit your accounts.
Refund will be initiated ONLY to the original mode of payment. In cases where refund is not possible to original mode of payment, refund may be done to buyer’s banking account, wherein we will need to do verification (KYC) and proof of ownership of account. The timeline of the verification can vary from 7-15 working days.
All Paypal refunds, after 60 days of transaction, will be done ONLY to the Paypal linked E-mail ID (quickest mode) used to make initial payment. Exceptions will be handled from case to case basis, but we do not entertain cross-currency refunds (Refund currency different from payment currency).

Flights

We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. The carrier(s), flight timings and types of aircraft shown in this website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.

This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

Behaviour

When you book a Holiday with TripFactory you accept responsibility for the proper conduct for yourself and your party whilst on Holiday. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.

If You Have A Complaint

In the event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, you must immediately inform the representative of the Tour Operator, TripFactory and the supplier of the service(s) in question and complete a report form whilst in resort. Most problems or complaints can be resolved while you are away, however if you remain dissatisfied, please call us or write to care@TripFactory.com within 7 days of your return giving your booking reference and full details of your complaint and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.

Our Liability To You

In respect of Packages
We will endeavour that your Holiday arrangements will be made, performed or provided with reasonable skill and care. This means that in the event, for example, your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves or our employees to use reasonable skill and care in making, performing or providing your arrangements, we will make all commercially and practicable reasonable efforts to rectify the same. However, we assume no liability, including but not limited to, any errors which might occur due to any systematic issues, fluctuation in prices, availability of flights/hotels/car or for the standard of services as provided by the respective service providers. In such cases, our maximum liability will be limited to refund of booking amount. Such refund shall be subject to Tripfactory receiving the same from the respective service provider.
In respect of other arrangements
We use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions.
Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/ flight, as well as using our reasonable skill and care in choosing our suppliers.
In respect of Packages and other arrangements
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable
Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose.
Local Excursions/Activities/Events
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for through anybody other than TripFactory or its Tour Operators or whilst you are on holiday (“Local Events”) are not part of your package holiday provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local industry standards in practice.

Data protection/privacy

In order to process your booking and meet your requirements, we must pass your personal details on to the relevant suppliers of your travel arrangements. We would also like to hold your information (including any email address), where collected by us, for our own and for TripFactory’s future marketing purposes (for example, to inform you of promotional/competition offers or to send you our brochure). If you do not wish to receive such approaches in future, please change your communication preferences in the website. For full details of our data protection and privacy policy, and an explanation of how your personal details will be used by us, please refer to our privacy policy

Special requests and medical problems

If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.

We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please call our Customer Care team or email to care@TripFactory.com

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

To the maximum extent permitted by law, in no event shall the TripFactory be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to and caused by: (i) loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, inconvenience , stress, distress, loss of claim, business interruption, data or other intangible losses; (ii) any person’s inability to use, unauthorized use of, delay, performance or non-performance of the site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service, including services rendered or products offered by the carriers, hotels and other suppliers providing travel or other services; (v) errors or inaccuracies contained on the Site or any information (including but not limited to the (descriptive) information (including rates, availability and ratings) of the travel services as made available on the Site), software, products, services, and related graphics obtained through the Site; (vi) any transactions entered into through the Site; (vii) any property damage, including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any use, delay or inability to use the Site, or any information, products, or services obtained through the Site; or (ix) any (personal) injury, death, property damage, or other damages attributable to the carriers, hotels and other suppliers providing travel or other services(its employees, directors, officers, agents, representatives or affiliated companies). The limitations of liability in this Agreement shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the total amount of transaction in question.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

FORCE MAJEURE

A force majeure event is any event beyond the TripFactory’s control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. The user agrees that TripFactory will have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

Ownership of Content & Prohibited Activities

Any and all the trademarks, copyrights, service marks, logos, brands and service marks and other intellectual and proprietary rights associated with the services and displayed on/accessed on the website and the content and information on this Website (including, but not limited to, audio, video, graphics, software, price, availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us and owned or controlled by us or licensed to us. Use of the Website is, and at all times, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
use, transmit, copy, reproduce, download, print, modify, display, “frame”, “mirror”, publish, create derivative works from, transfer or sell the content or any part of the Site without prior written authorization from us. You may copy, print, and/or download your travel reservations and itineraries from the Site for personal use.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
attempt to gain unauthorized access to this Site, any related website, content, accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means;
manipulate identifiers, including by forging headers, in order to disguise the origin of any content or information that you post, transmit or deliver;
use this Site in any manner which could damage, disable, overburden, impair or otherwise interfere with the use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
do anything else which could cause damage to the Site, TripFactory and its employees, our reputation, or would otherwise have a negative impact; access, use or attempt to use the Site where this is not permitted by local law;

If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages.

Jurisdiction and Applicable Law

These Terms & Conditions and any agreement to which they apply are governed in all respects by the laws of the courts in Bangalore, India and the courts in Bangalore, India shall have exclusive jurisdiction without regard to conflicts of law principles. All guest claims must be submitted in writing and received by TripFactory no later than sixty (60) days after the completion of the TripFactory vacation. Guest claims not submitted and received within this time shall be deemed waived and barred.

Miscellaneous

If any part of these Terms of Use is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms shall continue in full force.
The parties are independent contractors. These Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
These Terms of Use operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

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