Introduction and Acceptance of Agreement
Thank you for choosing Roamkaro. We take all efforts to make sure that you have a delightful holiday experience. To avoid any misunderstanding, we request you to read, understand and abide by the below ‘Terms and Conditions’ along with Privacy Policy before you book any tour or holiday or any service or make any transaction with Roamkaro at any of the Roamkaro sales offices or at sales partner or online on Roamkaro’s website or any mobile application or otherwise. Once you book any tour or service with Roamkaro, it is understood that you are giving your unqualified consent to accept and abide by the ‘Terms and Conditions’. In case you disagree with any part of these ‘Terms and Conditions’, kindly do not proceed with the booking.
- ‘Terms and Conditions’ extend to all group tours, customized holidays, corporate tours, any other services and products for Domestic, International or Inbound organised by ‘Roamkaro Technologies Private Limited’.
- Roamkaro has the final authority on the interpretation of these ‘Terms and Conditions’.
- Roamkaro reserves the right to amend, vary, add, amplify or waive any stipulation, representation, term or condition mentioned in the ‘Terms and Conditions’.
- Under any unprecedented force majeure situation or any changes in Government policy, Roamkaro reserves the right to supersede any part of these ‘Terms and Conditions’ with an alternate and valid enforceable provision.
- Each of these ‘Terms and Conditions’ shall be severable and if any provision thereof is declared invalid, illegal, or unenforceable, then remaining provisions nevertheless shall have full force & effect.
- These ‘Terms and Conditions’, together with the other booking related terms/ communication sent periodically, represent the entire agreement between Roamkaro and you.
- There is no agreement between the Company and you until the company has received the initial registration amount/deposit as the case may be.
Definitions
1 ‘Roamkaro Technologies Private Limited’ works under the brand name ‘Roamkaro’, therefore, both these names will be considered one and the same and used synonymously therein.
2 ‘Website’ means www.Roamkaro.com and ‘Web page’ means a page on the Website www.Roamkaro.com.
3 ‘Brochure’ means a document with tour information in the form of printed brochure, E-brochure, E-itinerary, leaflet, booklet, travel planner, Tour Price list, Tour Information Email etc.
4 ‘Tour’ means any Domestic/ International/ Inbound Tour organized by Roamkaro.
5 ‘Group Tour’ means number of guests booked on any scheduled tour comprising minimum 20 guests for Indian tour and 30 guests for international tour.
6 ‘FIT’ means Free Independent Travel and ‘GIT’ means Group Inclusive Tour.
7 ‘Corporate Tour’ means a special tour designed for corporates, industries, institutions, independent organisations, ad-hoc groups or individuals to facilitate their meetings, incentives, conferences, exhibitions, seminars, team building and other events. This segment is also known as MICE i.e. Meeting. Incentive. Conference. Exhibition.
8 ‘Customized Holiday’ means a tailor-made holiday designed as per the requirements of an individual guest. This segment is also known as FIT.
9 ‘Inbound’ or ‘India Inbound’ means tours, packages or any service provided to foreign nationals or non-resident Indians to explore the states of India and the Indian Subcontinent.
10 ‘Speciality Tour’ means a group tour designed to meet special interest of travellers which include but not limited to Honeymoon Special, Women’s Special, Seniors’ Special, Singles’ Special, Short Trips, Cost Saver, Festival Tours, Adventure Tours, Trekking Tours etc.
11 ‘Sales Partner’ means Roamkaro’s authorized travel agent who possess the requisite licenses, permissions, expertise and infrastructure to sell the tour/s organised by Roamkaro to all the prospective guests. These include sales channels such as PSPs i.e. Preferred Sales Partners; KSPs – Key Sales Partners, OSP – Overseas Sales Partners and franchisees.
12 ‘Travel Advisor’ means Roamkaro’s authorized sales person who assists and guides guests on booking their Roamkaro tour/service.
13 Associate/ Destination Management Company (DMC) / Contractor/ Supplier/ Vendor means a service provider of a tour or package which includes but not limited to airline, cruise, railway, road transport, hotel, restaurant, caterer, sightseeing attraction, entertainment park etc.
14 ‘Tour Manager/ TM / Tour Leader/ Tour Escort / Tour Assistant’, is a person designated by Roamkaro to conduct the tour as per the itinerary. S/he will also assist or guide the guest/s during the tour.
15 ‘Guest/s’ means all the tourists, travellers, vacationers, sightseers, visitors, backpackers, customers, clients who have registered their names or enquired about tour/ package or booked the tour by making part or full payment for any scheduled tour, customized package or any other travel related service provided by Roamkaro.
16 ‘Gender’ – The masculine gender shall also include feminine gender and vice versa, the singular shall include plural and vice versa and shall include grammatical variations if any.
17 ‘Tour price’ means the price mentioned in the Tour Price Grid on the website/ mobile application/ sms/ email/ Whatsapp/ brochure / E-brochure/ leaflet/ advertisements on print, electronic and social media etc. which is to be paid by guests for booking the tour. Taxes, surcharges, if any, are payable over and above the Tour Price.
18 ‘Child’ means a guest who falls below the age of 11 years.
19 ‘Infant’ means a guest who falls below the age of 2 years.
20 ‘Extra bed’ or mattress means an additional roll-on mattress on floor in twin/ double bed room.
21 ‘Surcharge’ means an additional fee/ charge/ tax over and above the initially quoted tour price which is due to peak season/ special event, charged by the associates/ suppliers/ contractors/ tourism or government authorities.
22 ‘Peak Season’ and ‘Super Peak Season’ are the seasons of the year where the demand surpasses the supply which results in overall cost increase. This includes but is not limited to Summer Vacation, Diwali Vacation, Christmas Vacation, New Year Holidays, any Country Specific Vacation/ Festival or National/International Events etc.
23 ‘First Day/ Last Day/ Day’ of the tour shall start at any time (i.e. in the morning / afternoon / evening /night/ midnight) at the first destination depending on the arrival of the respective flight/ train/ cruise or any other mode of transport and the same shall be in case of the last day of the tour. In other words, a ‘Day’ of the tour shall mean a part of the day or 24 hours or its part thereof.
24 ‘Meal Service’ on tour comprise of pre-set breakfast (B)/ lunch(L)/ dinner(D) and/or any other snack and mineral water bottle as mentioned in the itinerary.
25 ‘Jain Meal’ on tour means food without onion & garlic served at Lunch and Dinner as per the tour itinerary, not necessarily before sunset. It may be a buffet service or a table service.
26 ‘VISA’ means ‘Visitor’s International Stay Admission’ is a conditional authorization granted by the immigration authorities of a territory to foreigners allowing them to enter, remain within, or to leave that territory for a specified period of time. This is in the form of a paper authorisation or a stamp/sticker endorsed on the applicant’s passport. Roamkaro is a facilitator and does not have any role in the granting / rejecting of the Visa.
27 ‘Force Majeure’ means an event or circumstance not within the control, directly or indirectly, of Roamkaro in its ability to perform its obligations/ responsibilities regarding the tour, including
- war, hostile invasion, act of foreign enemies;
- rebellion, revolution, terrorism, insurrection or civil war;
- political unrest, government orders, riots, commotion, disorder, curfews, strikes, lockouts etc.;
- any act or omission of any government instrumentality;
- a change in legal requirements;
- infectious diseases, epidemic, pandemic;
- explosion, fire, flood, drought, tsunami, earthquake, volcanic eruption, hurricane, tempest, typhoon, cyclone, snowstorm, thunderstorm, landslides and other exceptional natural calamities and acts of God;
- ionizing radiation or contamination by radioactivity from any nuclear fuel/ waste or radioactive toxic explosive of any nuclear assembly;
28 ‘Cancellation Policy’ means a policy laid down in Roamkaro’s ‘Terms and Conditions’ wherein applicable cancellation charges are specified which are to be borne by the guests on cancellation of their tour.
29 ‘Cancellation Charge’ means a charge borne by the guest upon cancelling their tour for any reason whatsoever.
30 ‘Refund’ means repayment of the sum of money to the guest paid by him/her at the time of booking the tour after deducting the applicable cancellation charge.
31 ‘Future Tour Voucher’ (FTV) means a credit voucher of a specified value issued by Roamkaro on cancellation of the tour. FTV must be utilized by the guest/s for booking their future tour with Roamkaro within the specified period and as per the agreed terms indicated in the said FTV.
32 ‘Tour Transfer Charge’ (TTC) means ‘estimated maximum charge’ that the guest may have to pay if their booked tour is being postponed due to the occurrence of certain unavoidable / Force Majeure situation.
33 ‘Operational Expense’ means expenses that Roamkaro has to incur through its normal course of business to conduct its tours and business operations.
34 ‘Jurisdiction’ means the geographical area over which a court or government body has the power and right to exercise authority. For any legal matter involving the company, parties hereto agree to confer exclusive jurisdiction to Noida Courts / Forums
Payment Options
Travel Loan:
- Bank and financial institutions give travel loan on EMI basis. ‘EMI’ means the equated monthly instalment of amount payable by the guest to the respective bank/ financial institution/ issuer comprising principal amount, interest and other charges, if applicable.
- The EMI facility being offered by the bank/ financial institution/ issuer to the guest/s, is governed by the respective terms and conditions of each bank/ financial institution/ issuer and the guest is advised to approach them in case of any enquiry, complaint or dispute about the EMI transaction.
- For availing the EMI facility; down payment, instalment, interest, processing fee etc. is charged by the respective Bank/ financial institution/ issuer as per their policy.
- In case of tour cancellation, Roamkaro will charge cancellation charges as per the Cancellation Policy and Bank/ Financial Institution/ issuer shall process the refund (if any) after deducting the cancellation charge.
- Bank/ financial institution/ issuer is at their sole discretion in providing EMI facility to guest/s and Roamkaro has no role to play in the approval, extension, pricing, modification, pre-closure, closure or any matter incidental thereto pertaining to the EMI facility.
- Roamkaro shall not be held liable for any dispute arising out of or in connection with such EMI facility between the guest and the Bank/ Financial Institution/ issuer.
Credit Card EMI:
- Credit card holders can avail Equated Monthly Instalments (EMI) facility through their bank, for their tour payment.
- Bank is at its sole discretion in providing this EMI facility to their user and Roamkaro has no role to play in the approval, extension, pricing, modification, pre-closure, closure or any matter incidental thereto pertaining to the Credit Card EMI facility of the guest.
- Roamkaro shall not be held liable for any dispute arising out of or in connection with such Credit Card EMI facility between the guest and the bank.
- In case of tour cancellation, Roamkaro will charge cancellation charges as per the Cancellation Policy and shall process the refund, if any.
General Terms
- Changes in Terms and Conditions: We may timely revise the ‘Terms and Conditions’ without prior notice to you. These changes will be updated by publishing the new version on our website. You are expected and should check these terms each time you visit our website, to keep track of and be aware of any changes or updates. By continuing to use our website after any such revision, you will be considered to have accepted the updates too. Latest updated ‘Terms and Conditions’ will override all previously sent/ published Terms and Conditions.
- No person other than the company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation of these ‘Terms and Conditions’. Employee/s and the Partners/s of Roamkaro have no authority to vary, add, amplify or waive any stipulation, representation, term or condition set forth in the Terms and Conditions of Roamkaro. Any assurance given by any Employee/s and the Agent/s shall have no effect or consequence.
- Enforceability: Should any of these Terms and Conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of Roamkaro. Provisions not otherwise held invalid shall remain in force.
- No Prejudice to Consumer Rights: If you are acting as a guest (i.e. an individual acting for his/her private purposes not associated with a business or profession) then nothing in these ‘Terms and Conditions’ shall affect your legal rights as a consumer to the extent they may not be excluded or limited by law, and our ‘Terms and Conditions’ shall be read subject to this.
- Jurisdiction: This Agreement is subject to interpretation as per the laws of India. All disputes pertaining to the tour/ package/ service and any unresolved dispute/ claim arising therein shall be subject to the Court of Jurisdiction at Noida (India) only.
- Complaint Procedure & Consumer Protection: If any guest has a query, concern or problem during their booking process or holiday then they should immediately inform their Roamkaro’s Travel Advisor or Tour Manager present on tour. In case of Customized Holiday, they should contact their virtual guest relation representative. We will try to resolve the query or find a solution for the problem as soon as possible. If the matter does not get resolved locally then guest should call Roamkaro’s guest relation emergency Number +91 76786 29885 or write to planners@roamkaro.com by quoting their booking reference number and all relevant information. Failure to follow this procedure may delay or deny us the opportunity to investigate and rectify the problem, which may affect the manner in which guest’s complaint is dealt with and their rights under this contract. Any unresolved issue must be brought to our notice within 30 days after completion of the tour/service. Roamkaro will try to resolve the same on priority, however timeline for the same will depend on the factors involved in it. Any claims made after 30 days of completion of the tour will not be considered by Roamkaro.
- Applicable Law and Dispute Resolution: Roamkaro is committed to participating in a consumer-friendly dispute resolution process. The guest and Roamkaro each retain the right to seek relief in small claims court [Noida] as an alternative to arbitration. At least 30 days prior to filing a complaint against each other, Roamkaro and the guest each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. Guests must send the said all communication related to such disputes or for that matter any other notice or legal complaints to ‘Roamkaro’s corporate office, situated at 12a, Block-G, Sector 22,Noida (UP), 201301, India.’ Roamkaro will send its reply to the registered email address of the guest submitted at the time of booking. A notice must include: the party’s name and preferred contact //information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 60-day period, only then may either party commence legal proceedings by filing a written Complaint at the Consumer Redressal Commission or the Court of Law. Any such notices pertaining to legal disputes must be sent at Roamkaro’s Corporate office located at 12a, Block-G, Sector 22,Noida (UP), 201301, India.
- Arbitration: Any dispute arising out of or in connection with these Conditions, and/or the subject matter or any agreement between the guests and Roamkaro, including any question regarding its existence, validity or termination, shall be referred to the Arbitral Tribunal consisting of a sole Arbitrator appointed by the mutual consent of both the parties and the said Arbitrator shall not be related, directly or indirectly, as an employee, an agent, dealer or representative of either party or otherwise interest in other party or its business. The proceeding of the Arbitration shall be conducted in the English language and the venue for such Arbitration shall be Noida. The expenses involved in such Arbitration proceeding shall be born and paid by the parties equally
- Indemnification: The guests shall hold Roamkaro fully indemnified and harmless in case any suit, action, application, revision, writ petition, execution proceedings, claim, demand or any other legal proceedings are initiated against Roamkaro due to any action /s of the guest. Guest/s also agree to indemnify Roamkaro against all third-party claims, actions, damages and remedies which may be brought against us in respect of their participation in the operation of the tour.
- Disclaimer of Warranties: You expressly agree that your use of, or inability to use, the service is at your own risk. All products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. And also it does not warrant that your use of our service will be uninterrupted, timely, secure or error-free and the results that may be obtained from the use of the service will be accurate or reliable.
- Attorney/ Client Fees: If guest/s is unsuccessful in any legal action instituted against us, then they must indemnify us for the full amount of any claim including but not limited to legal costs, attorney/ client fees etc.