This agreement ("user agreement") incorporates the terms and conditions for Dimaak Travel Technologies Private Limited and its brand Dimaak Tours to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of Dimaak Tours by using Dimaak Tours’ websites or using any other customer interface channels of Dimaak Tours which includes its sales persons, offices, call centers, advertisements, Digital media, Social media and information campaigns etc. Both User and Dimaak Tours are individually referred to as 'party' to the agreement and collectively referred to as parties.
The Parties agree as follows:
GENERAL TERMS AGREED BY THE USER
- All Hotel rates are Subject to Availability.
- Surcharge shall be additionally applicable during peak season in accordance with the destination.
- The quotation provided by our team is not a confirmation. The rates & Hotels are subject to availability at the time of reconfirmation.
- All private tours, the drivers shall wait for a maximum of 15 minutes for the pick-up.
- All SIC tours, the drivers shall wait for a maximum of 5 minutes for the pick-up.
- Hotels/Airlines shall be subject to availability till Reconfirmation.
- Early Check-In/Late Check-Out is subject to availability.
- Midnight surcharge applicable for all transfers operated between 2300hrs and 0600hrs.
- Room allocation: Twin rooms / Double rooms shall be as per the availability at the time of check-in.
- For Maldives - Due to flight delay, if you miss the seaplane transfer, Dimaak Tours shall not be responsible.
- There is No Refund for unutilised Service.
- International Hotel Check in time 1400-1500hrs, Check out Time 1100-1200hrs.
- User shall not be allowed to eat/drink in the coach.
- For NRI customer payments, additional fees and taxes may apply.
- All credit card payments shall attract 3% extra (card charges).
- The agreed itinerary shall be final. Changes made to the itinerary while travelling cannot be held against Dimaak Tours.
- Granting or rejecting visas and immigration clearance is the sole prerogative of the concerned sovereign governments and we at Dimaak Tours can only facilitate the entire process. We at Dimaak Tours shall not be responsible in case of non-granting of such documents. Even if the visas are rejected, cancellation charges/fees shall be payable by the Client. There shall be no refund if the Client, or any member of his party, is unable to travel due to the said reasons.
- If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Dimaak tours document, then these terms shall control.
NOTIFICATION OF ANY CHANGES OR DELAYS:
- As soon as the on-ground team provides information about any delays or changes in flights, hotel check-ins, or local activities brought on by operational, political, or unanticipated circumstances, Dimaak Tours will do everything in its control to notify the user as soon as possible. However, if this information arrives outside of regular business hours, such as before 10:00 AM or after 7:00 PM IST, the user may only be informed during the following available business hours.
DEPOSITS FOR HOTEL CHECK-IN
- For security and verification reasons, hotels may ask guests to present their passports at check-in and/or pay a refundable security deposit. In order to guarantee a seamless stay and to absolve themselves of any responsibility for damages to hotel property, guests must abide by these rules. However, such deposits are wholly the user's responsibility, and Dimaak Tours will not be held accountable for paying or reimbursing such deposits.
USER'S RESPONSIBILITY OF COGNISANCE
- The Users availing services from Dimaak tours shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Dimaak tours for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Dimaak tours with respect to any services to be provided by Dimaak tours shall be restricted to the scope of this agreement. It is the booking user's responsibility to ensure that the other users (on whose behalf the booking has been done) read the terms and conditions. Other users shall also be considered to be subject to the terms and conditions as they are accepted by the booking user. It is the booking user's responsibility to inform other travellers of all terms. Although travellers may use different accounts to make payments, the booking user shall be ultimately accountable.
- Dimaak tours reserves the right, in its sole discretion, to terminate access to any or all Dimaak tours websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
- In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Dimaak Tours, like the air tickets, holiday packages, etc. Such TOS shall be provided/ updated by Dimaak tours, which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
- There shall be no scope for assumptions in inclusions. Whatever is mentioned in the quotation shall only be included in the package. Anything excluded shall attract additional charges.
LIMITATION OF LIABILITIES
- The User expressly agrees that use of the services is at their sole risk. To the extent that Dimaak Tours acts only as a booking agent on behalf of third-party service providers, it shall not be liable for any aspect of the standards of service provided by the service providers. In no circumstances shall Dimaak Tours be liable for the services provided by the service provider.
- The User expressly agrees that any deficiency in service caused by the third-party service provider to the user shall not amount to a deficiency in service under section 2(11) of the Consumer Protection Act, 2019, on the part of Dimaak Tours.
- The User expressly agrees that Dimaak Tours shall not be liable for any unfair trade practices on the part of the third-party service provider.
- In no event shall Dimaak Tours and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Dimaak Tours website(s) or any other channel. Neither shall Dimaak Tours be responsible for the delay or inability to use the Dimaak Tours websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Dimaak Tours website(s), or otherwise arising out of the use of the Dimaak Tours website(s), whether based on contract, tort, negligence, strict liability or otherwise. Dimaak Tours is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
- Dimaak Tours shall not be liable for the negligence of its customers in examining any offered documentation, such as airline tickets, hotel vouchers, and tickets, to determine what is and is not included.
- Dimaak Tours shall not be liable for any mental agony or monetary loss caused due to the negligence or deficiency in service of any third-party service provider.
- Without prejudice to whatever is stated above, the maximum liability on the part of Dimaak Tours arising under any circumstances, in respect of any services offered on the site, shall be limited to the profit margin of Dimaak Tours in the particular service, less any cancellation, refund or other charges, as may be applicable. In no case shall the liability include any loss, damage or additional expense whatsoever beyond the profit margin of Dimaak Tours in the particular service.
CONFIDENTIALITY
- Any information which is specifically mentioned by Dimaak Tours 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 agreement and the obligations of both parties therein.
ONUS OF THE USER
- Dimaak Tours is responsible only for the transactions that are done by the User through Dimaak Tours. Dimaak Tours shall not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
- The User agrees that Dimaak Tours shall not be held liable for any amount transferred to any other bank account other than that of Dimaak Tours.
- The accuracy of the data and bookings has to be cross-verified by the user. The user warrants that they shall abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they shall comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
INDEMNIFICATION
- The User agrees to indemnify, defend and hold harmless Dimaak Tours and/or its affiliates, their websites and their respective lawful successors and assigns from and against any losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Dimaak Tours and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
- The user shall be solely and exclusively liable for any breach of any country-specific rules and regulations or general code of conduct, and Dimaak Tours cannot be held responsible for the same.
INSURANCE
- It is the user's responsibility to secure adequate insurance coverage, unless otherwise stated by Dimaak Tours in any particular service or deliverable. Dimaak Tours does not accept any claims resulting from such situations.
- If insurance is included in Dimaak Tours's services, it must be in accordance with the terms and conditions set forth by the insuring firm. Any claims or disputes must be handled directly by the user and Dimaak Tours shall not make any explicit or implicit promises that the insurance company shall accept the claims..
REFUND OF PAYMENT
- The User agrees that in situations due to any technical or other failure in Dimaak Tours, services committed earlier may not be provided or may involve substantial modification. In such cases, Dimaak Tours shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any liabilities of Dimaak Tours against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
FORCE MAJEURE
- The user agrees that 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, flight delays, operational and technical issues, route and flight cancellations etc. If Dimaak Tours is informed in advance of such situations where dishonor of bookings may happen, it shall make its best efforts to provide a similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by the respective service operators. The user agrees that Dimaak Tours, being an agent for facilitating booking services, shall not be responsible for any such circumstances. The customers must contact the service provider directly for any further resolutions and refunds.
- Dimaak Tours shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such an event, the user affected shall be promptly given notice as the situation permits.
JURISDUCTION
- Dimaak Tours hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Dimaak Tours considers itself and intends to be subject to the jurisdiction only of the courts of Chennai, India.
DISCLAIMER
- Dimaak Tours hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Dimaak Tours or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services.
JURISDUCTION
- Dimaak Tours hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Dimaak Tours considers itself and intends to be subject to the jurisdiction only of the courts of Chennai, India.
SEVERABILITY
- Any provision of this agreement that is found to be invalid or unenforceable in whole or in part shall only be affected by the invalidity or unenforceability of that provision or that portion of it; all other provisions of this agreement and the remaining portion of that provision shall remain fully enforceable.
VOLENTI NON-FIT INJURIA
- Dimaak Tours shall not be held liable for any bodily injury, accidents, death, property damage, or personal loss caused to the users, as they voluntarily accept the inherent risks associated with tours and potential risks as a result of their actions and demeanour. Therefore, the user cannot later claim or sue for the consequences due to various factors, including but not limited to: -
- Transportation via various modes such as planes, trains, cars, boats, or other means.
- Consumption of alcoholic beverages.
- Participating in Adventure Sports.
- Photographing in Risky Areas.
- Diving in Water Bodies.
- Challenges in high altitudes.
- Heat exhaustion.
- Quality of medical services in remote areas.
- Verbal or physical aggression.
USAGE OF TOUR CONTENT
- Dimaak Tours is granted a perpetual, worldwide, royalty-free, non-exclusive license or consent to use and display the user’s tour content (text, image, or video) for any marketing, advertising, or commercial purposes across all media without further payment when the user submits the tour content (text, image, or video) to Dimaak Tours. Thereby, upon the submission of the tour content, the user acknowledges that usage of the content by Dimaak Tours for any marketing, advertising, or commercial purposes is not a copyright infringement or defamation or violation of Section 66E of the Information Technology (IT) Act, 2000.
- Further, the user attests that the testimony is real and that you are the sole owner of its contents. The user is aware that Dimaak Tours may alter the video to make it longer or clearer and the user’s contribution is not required to be used.
- Therefore, Dimaak Tours shall not be liable for the usage of the tour content for the aforesaid purposes or any unauthorised reuse of the used content by any third party.
USER’S SPECIAL REQUESTS
- The User is aware that Dimaak Tours provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorises Dimaak Tours to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case the customer chooses not to be contacted, he /she shall write to Dimaak Tours for specific exclusion at contact@dimaak.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of Dimaak Tours on its website in accordance with which Dimaak Tours contacts, solicits the user or shares the user's information.
- If the user is not comfortable with any of their picture or videos used by Dimaak tours on the social media platform to engage the audience, they shall be removed upon receiving an email to contact@dimaak.com from the user.
ALTERNATIVE DISPUTE RESOLUTION
- The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or the interpretation thereof.
- Any dispute arising directly or indirectly out of or in connection with this Agreement can be referred to Arbitration in Chennai only.
- It is further agreed that, following the commencement of arbitration, the parties will attempt in good faith to resolve such dispute through Mediation, as per the Arbitration and Conciliation Act of 1996.
USER GUIDELINES
- To book optional sightseeing while on the trip, please contact our team and program charges are extra.
- It is recommended to buy a Local SIM card when you arrive at the airport, to make local calls for reconfirmation with coach drivers, operators.
- For INR to USD / Other currency exchanges - Please reach out to the team. We shall share our partner’s contact information for International Money Exchanges.
- Photographs are compulsory for on-arrival visas. Please keep one passport copy (Xerox) and one ticket copy (Xerox) ready to be submitted for on-arrival visas.
- It is always advisable to keep 2 passport-size photos with you during the journey. Please keep one Xerox copy of your passport with your relative in India and one Xerox copy with you during the travel.
- It is most important to have International Travel Insurance for the entire period of your stay in a foreign country.
- Examine any offered documentation, such as airline tickets, hotel vouchers, and tickets, to determine what is and is not included.
- The services are provided on an "as is" and "as available" basis. Dimaak Tours may change the features or functionality of the services at any time, in their sole discretion, without notice. If the User does not agree with any, in whole or in part, of the terms or material provided by Dimaak Tours, the sole and exclusive remedy is to discontinue using the services after notifying Dimaak Tours in writing.