Introduction
Welcome to Duniya Safari
This document, henceforth referred to as the "Terms and Conditions", constitutes a legally binding agreement between the user, hereinafter referred to as "the Customer", and Duniya Safari, hereinafter referred to as "the Company", a specialized provider of bespoke international tour packages.
Purpose and Scope of the Agreement
These Terms and Conditions govern the Customer's use of the Company's services, including but not limited to the planning and booking of international travel, as well as the use of the Company’s website, located at www.duniyasafari.com. The document delineates the rights, obligations, and responsibilities of both the Customer and the Company.
Acceptance of the Terms
By accessing, utilizing, or obtaining any content, data, materials, information, products, or services through the Company's website or engaging the Company's services in any manner, the Customer acknowledges and agrees to be bound by these Terms and Conditions. Should the Customer disagree with any part of these terms, they must refrain from using the Company's services and website.
Interpretation and Understanding
- Reading and Interpretation: The Customer is advised to read these Terms and Conditions carefully, as they impact their legal rights and obligations, including but not limited to waivers of rights, limitations of liability, and indemnity obligations.
- Amendments and Revisions: The Company reserves the right to amend, modify, or revise these Terms and Conditions at any time, with such modifications effective immediately upon being posted on the Company's website. Continued utilization of the Company's services and website following such modifications constitutes the Customer’s acceptance of the revised Terms and Conditions.
- Capacity and Agreement: The Customer hereby represents and warrants that they are of legal age and possess the legal capacity to enter into this Agreement. Electronic acceptance of this Agreement via the use of the Company's services, including navigation of the website, inquiries, or bookings, shall be deemed as effective and binding as if the Customer had physically signed an agreement with the Company.
Scope of Services Provided by the Company
The Company offers a range of travel-related services which include, but are not limited to, customized tour planning, itinerary creation, booking and arrangement of accommodations, activities, transportation, and visa assistance, and the provision of travel advice and assistance.
Communications and Inquiries
For any inquiries or clarifications regarding these Terms and Conditions or any aspect of the Company's services, the Customer is encouraged to contact the Company at contact@duniyasafari.com. The Company commits to providing prompt and comprehensive responses to all customer inquiries.
Use of Our Website and Services
Provision of Website
The website of Duniya Safari (www.duniyasafari.com) is provided expressly for the personal, non-commercial use of the Customer. Its primary function is to furnish the Customer with information concerning the services offered by Duniya Safari, facilitate the Customer in making informed decisions, and enable the booking of travel packages and related services provided by Duniya Safari.
Restrictions on Use
The Customer is hereby prohibited from utilizing the Website for any purposes that are unlawful, prohibited by these Terms and Conditions, or in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. This includes but is not limited to:
- Any form of hacking, "scraping" of information, unauthorized access to, or modification of the Website or its related systems and networks.
- The transmission of any material that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
- Engaging in any activity that is harmful to the Website or its users, such as phishing, spamming, or transmitting any unsolicited advertising, promotional materials, or other forms of solicitation.
Accuracy of Information
The information and material displayed on the Website, including but not limited to descriptions of travel packages, pricing information, and travel tips, are provided for the Customer’s reference. While Duniya Safari endeavours to ensure that the information provided is current and accurate, it should be noted that this information is subject to change without notice, and may not always represent the most current information available. Duniya Safari does not warrant the accuracy, completeness, or usefulness of this information and under no circumstances will Duniya Safari be liable for any reliance placed on such information by the Customer or any other visitor to the Website.
Intellectual Property
The content, including texts, graphics, images, logos, icons, software, and other material on the Website, is the property of Duniya Safari or its content suppliers and is protected under both domestic and international intellectual property laws. Except as explicitly provided in these Terms and Conditions, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution, without Duniya Safari’s express prior written consent.
Travel Services
Making a Booking
Bookings for travel packages offered by Duniya Safari can be made through various channels, including but not limited to the Company's website, telephonic communication, or in-person visits to the Company's office. The Customer agrees to provide accurate and complete information as required for the booking process.
Payment Terms
Upon making a booking, the Customer is obligated to pay either the full amount or a deposit as specified by Duniya Safari. The specific payment terms, including the amount, due dates, and acceptable methods of payment, will be communicated & documented during the booking process.
All prices quoted are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once the payment has been received in full. Until then, prices may be subject to increase without prior notice.
Cancellation and Changes
Cancellation by the Customer
Should the Customer wish to cancel or modify their booking, such cancellation or modification may incur charges. These charges may arise from airlines, hotels, or other service providers and are subject to the terms and conditions of those service providers.
Duniya Safari will inform the Customer of any applicable cancellation or modification fees before finalizing such changes. These fees will be in addition to any charges imposed by Duniya Safari.
Cancellation Policies
It is incumbent upon the Customer to familiarize themselves with the cancellation and refund policies pertinent to the booked services. Different suppliers may have distinct policies, and it is the Customer’s responsibility to understand these.
Travel Insurance
Duniya Safari strongly advises the Customer to purchase comprehensive travel insurance at the time of booking. This insurance should cover, but is not limited to, trip cancellation, medical emergencies, and loss or damage of personal belongings.
Customer’s Responsibility
If the Customer decides to not purchase travel insurance from Duniya Safari, then the Customer bears the sole responsibility for ensuring that they are adequately insured for the entire duration of their travel. The Company shall not be liable for any consequences arising from the Customer's failure to obtain appropriate insurance.
Force Majeure Circumstances
Definition and Scope
"Force Majeure" refers to any event beyond Duniya Safari's reasonable control, including but not limited to acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquakes, pandemics, or default of suppliers or subcontractors.
Effect of Force Majeure
Duniya Safari shall not be considered in breach of its obligations or liable to the Customer, for any delay or failure in performance resulting from Force Majeure circumstances. This exemption applies while such event continues and for such time as is reasonable afterwards to resume performance.
Upon the occurrence of a Force Majeure event, Duniya Safari will endeavour to notify the Customer promptly and shall use reasonable efforts to resume performance as soon as possible.
Travel Documentation
Documentation Requirements
The Customer is responsible for possessing valid travel documents, including but not limited to passports (with 6 months validity), visas, and health certificates, as required by the destinations included in their travel itinerary.
Visa and Entry Requirements
The Customer must seek and adhere to advice and requirements regarding visas and entry conditions from the relevant embassies or consulates of the destination countries.
Health & Safety
Health Precautions
The Customer is responsible for understanding and complying with all health and safety requirements, including vaccinations and other medical precautions, related to their travel destinations.
Advisory Role of Duniya Safari
While Duniya Safari may provide general advice on health and safety matters, it is not responsible for issuing specific health consultations or ensuring the Customer's compliance with health advisories and requirements. The Customer should consult with healthcare professionals for specific travel health advice.
User Comments, Feedback, and Other Submissions
User-Generated Content
Conditions for Submission
Users of the Duniya Safari website are welcome to post reviews, comments, and other forms of content, herein collectively referred to as "User-Generated Content". This User-Generated Content must adhere to the following conditions:
- It shall not be illegal or engage in unlawful activity.
- It shall not be obscene, libelous, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Duniya Safari in its sole discretion.
- It shall not be invasive of privacy or publicity rights.
- It shall not infringe upon the intellectual property rights, including but not limited to copyrights, patents, or trademarks, of any person or entity.
- It shall not contain viruses, corrupted data, or other harmful, disruptive, or destructive files or programs.
- It shall not solicit personal information from other users of the website for commercial or unlawful purposes.
- It shall not advertise or offer to sell or buy any goods or services for any business purpose, unless such an area of the website specifically allows such messages.
Responsibility for User-Generated Content
Users are solely responsible for the User-Generated Content they submit, including its legality, reliability, accuracy, and appropriateness. By posting User-Generated Content, users agree to indemnify Duniya Safari against all claims and liabilities resulting from that content.
Monitoring and Enforcement
Rights of Duniya Safari
Duniya Safari reserves the right, but not the obligation, to do the following at any time, at its sole discretion, without notice:
- Monitor the User-Generated Content posted on the website.
- Edit, alter, move, or remove any User-Generated Content, whether it is in breach of these terms and conditions or otherwise objectionable.
- Disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
No Liability
Duniya Safari assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Intellectual Property Rights
Rights to User-Generated Content
By posting User-Generated Content on the Duniya Safari website, users grant Duniya Safari a perpetual, non-exclusive, royalty-free, transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content throughout the world in any media.
Usage of Customer's Holiday Pictures
Grant of Rights
The Customer hereby grants Duniya Safari a non-exclusive, royalty-free, worldwide license to use photographs, videos, or other digital media ("Holiday Pictures") taken during their travel arranged by Duniya Safari.
Purpose of Use
These Holiday Pictures may be used for marketing, promotion, or any other business purposes, including but not limited to social media posts, marketing materials, and advertisements.
Customer Consent
By sharing Holiday Pictures with Duniya Safari, the Customer consents to the use of these images as described herein. The Customer affirms that all persons appearing in the Holiday Pictures have given their consent for the use of these images.
Right to Withdraw Consent
The Customer retains the right to withdraw consent for the use of their Holiday Pictures by Duniya Safari at any time by providing written notice to Duniya Safari.
Liability Disclaimer for Duniya Safari
Disclaimer on Travel Information and Services
The information, services, products, and materials available through the Duniya Safari website, including but not limited to data, text, images, graphics, and maps, are provided for general reference and convenience purposes only. While Duniya Safari strives to keep the information up-to-date and accurate, there may be instances of inaccuracies, typographical errors, or outdated content, particularly with regards to travel schedules, pricing, and availability of travel packages.
No Warranty of Accuracy
Duniya Safari does not guarantee the accuracy, completeness, reliability, or timeliness of the information, services, products, or other materials available through its website. All such items are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability in Travel Arrangements
Duniya Safari shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of the Customer's access to, use of, inability to use, or reliance on any services or information provided through Duniya Safari’s website. This includes, but is not limited to, liabilities arising from:
- Errors, mistakes, or inaccuracies of content.
- Personal injury or property damage of any nature whatsoever resulting from the Customer’s access to and use of our services.
- Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein.
- Any interruption or cessation of transmission to or from our services.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Duniya Safari.
Travel Service Providers
Duniya Safari acts as an intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage, hotel accommodations, ground transportation, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such suppliers in connection with such products and services.
Indemnity
You agree to indemnify and hold Duniya Safari, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of Duniya Safari’s services in violation of this Agreement and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth above.
Changes to These Terms and Conditions
Right to Amend
Duniya Safari expressly reserves the right to revise, update, modify, or otherwise change these Terms and Conditions at any time and in its sole discretion. These changes may be made for various reasons, including but not limited to accommodating changes in the law, reflecting new operational practices, or addressing new features or services on the website.
Notification of Changes
While Duniya Safari endeavors to provide notice of significant changes to these Terms and Conditions, it is under no legal obligation to do so. As such, it is the responsibility of users to periodically review these Terms and Conditions to stay informed of any updates. The date of the last modification or revision will be noted at the top of the Terms and Conditions.
Acceptance of Revised Terms
Continued use of the Duniya Safari website, its services, or both after any changes to these Terms and Conditions will constitute acknowledgement and acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Duniya Safari services and website.
Effect of Changes
Any changes made to these Terms and Conditions will apply to all users of our website and will govern all past and future transactions involving Duniya Safari services. This includes changes that may affect previously accrued rights and obligations of the users.
Documentation of Changes
In the event of any changes, the revised Terms and Conditions will be posted on the Duniya Safari website, replacing the previous version of these Terms and Conditions. Duniya Safari may, but is not obligated to, provide additional notice of more significant changes through other means such as email notifications or announcements on the website.
Jurisdiction
Governing Law
These Terms and Conditions and any separate agreements whereby Duniya Safari provides services to the Customer shall be governed by and construed by the laws of Kolkata, West Bengal, India.
Jurisdiction for Disputes
Any disputes or claims arising out of or in connection with the services of Duniya Safari, including disputes relating to these Terms and Conditions, shall be exclusively subject to the jurisdiction of the competent courts located in Kolkata, West Bengal, India.