Terms and Conditions contained herein govern the agreement between the Website-User, i.e. YOU (hereinafter ‘User’) and M/s Dolphin Travel Private Limited (DTPL), a company incorporated and registered under the Companies Registration Act, 1956 of the Republic of India and having its registered office at B-6, Lajpat Nagar - II, New Delhi-110 024 and its division M/s Dolphin Holidays (Hereinafter collectively ‘DH’).
Disclaimer
At the outset, it is made clear that the material posted on this web-site is provided on “as is” basis. DH does not warrant, expressly or impliedly that the material contained in this site is free from technical inaccuracies or typographical errors. DH does not also warrant that the functions contained in this site will be uninterrupted or hassle-free, or the site is virus-free and devoid of other harmful components.
DH makes no warranties express or implied and totally disclaims, without limitation, implied warranties or conditions of merchantability, fitness for any specific purpose, or non-infringement of intellectual property or other violations of rights.
DH disclaims any responsibility for correctness, accuracy or reliability of material derived from other service-providers such as airlines, travel/tour operator, hotel, bank, credit card company, facility provider or similar agency, who are directly or indirectly behind the running of this site or with whom DH may happen to be associated, for providing you the services offered, or with sites linked to this site.
DH disclaims all responsibilities and shall not be liable for any loss or damage caused or in connection with inability to access or use of this Web-site, which may be caused by factors, beyond the control of DH, and may include, without limitation, the unavailability, inoperability or interruption of the internet, or other telecommunication services or as a result of any maintenance or other service work being carried out on this Web-site.
DH further disclaims any responsibility for any direct, indirect, incidental, consequential loss, damage, punishment, cost or expense of any kind incurred from or out of use of this web-site.
DH further disclaims any responsibility for lack or deficiency of services provided by airlines, travel/tour operator, hotel, bank, credit card company, facility provider or similar agency, who are directly or indirectly behind the running of this site or whom you shall engage or hire or commission pursuant to or resulting from, the material available in this site.
DH has not reviewed or checked up the correctness, reliability or accuracy of material posted by the Linked Web-sites. DH does not endorse any Linked Web-site and disowns all responsibilities on this account. User may make use of the Linked Web-site, purely at his/her own risk.
Preliminary Introductory Recitals:
WHEREAS M/s Dolphin Travel Private Limited (DTPL), is a company incorporated and registered under the Companies Registration Act, 1956 of the Republic of India, is having its registered office at 16 Gole Market, New Delhi-110 001, and is engaged in, as its prime business concern, in the business of tour, travel and related services industry for the past several decades.
AND WHEREAS marching with time and keep pace with the needs and requirement of the industry, M/s Dolphin Holidays, has been set up as a division of M/s Dolphin Travel Private Limited (DTPL), to cater to the needs of the internet-users.
AND WHEREAS DTPL and its division Dolphin Holidays together provide the following services:
(a).On-line Air Travel bookings, domestic as well as inter-national
(b).Non-online/Conventional Booking for inbound tour packages, outbound tour packages, domestic tour
packages, Medical Tourism, Conference Management, Cruises and Worldwide Hotel
(c).Non-online/Conventional Booking of Dolphinn Chain of Hotels
AND WHEREAS DTPL and its division Dolphin Holidays together also provide the following conventional services:
(a).Itinerary Planning, Consultancy and Management
(b).Visa Planning and assistance
(c).Worldwide Car Rentals
(c).Planning and Managing Group and Fit tours
(d).Conference and Event management in India and overseas
(e).Full-fledged money changer (Foreign Exchange)
(f).Airport Facilitation
AND WHEREAS for providing online Air Travel bookings, domestic as well as international, DTPL has entered into a ‘White Label Agreement’ with M/s TekTravels Private Limited, a Company incorporated and registered under the Companies Registration Act, 1956 of the Republic of India and having its registered office at 75-76, 2nd Floor, Aurobindo Marg, Adhchini, New Delhi doing its business in the name and style of “Travel Boutique Online” (TBO) and maintaining its B2B portal at www.travelboutiqueonline.com. Under the White Label Agreement, DTPL has accepted the TBO as the sole and exclusive travel booking engine provider for air tickets, hotels, insurance and other allied travel services offered by the DTPL.
AND WHEREAS under the ‘White Label Agreement’ between DTPL and “Travel Boutique Online” (TBO), all TBO terms and conditions, rules, policies and operating procedures, including but not limited to, policies relating to customer orders, customer service and ticket fulfillment are to apply to the Users.
Terms and conditions as regards Air-Travel:
DH provides on-line Air Travel booking services, domestic as well as inter-national; for both Refundable Fare Air-tickets as well as Non-refundable Fare Air-tickets.
In order to facilitate highest quality services, DH provides intermediary services as a booking agent on behalf of TBO and the concerned Air-lines, the ultimate service providers of air-travel. TBO and the concerned Air-lines are necessary, rather more prominent players in this kind of service offered. Terms and conditions of TBO and as well as that of concerned Air-lines shall apply in full measure.
DH reserves the right to verify and confirm the authenticity, enforceability and validity of orders place by you. .
DH in its sole and exclusive discretion, reserve the right not to accept any order placed by the User through the Website, without assigning any reason thereof.
User may choose voluntarily the destinations for his/her travel. Some destination may involve greater risk than others. Sole responsibility for making a choice of destination, in this context, would be of User only. By offering for sale travel to any particular destination, DH does not represent or warrant that the travel to such destination is advisable, safe or hassle-free.
DH does not accept any responsibility for providing visa and other necessary travel documents required for visit to international destinations. This is the personal responsibility of the User.
3.7 If DH considers, in its sole and exclusive discretion, that the travel order placed by the User is not reasonable, authentic, enforceable or valid, then DH may cancel the said order, at any time, up to 4 hours before the scheduled time of departure of the relevant flight.
Mode of Payments:
All online payments are to be made through the Axis Bank, which is the ‘Payment Gateway Provider’ of the DH, and the formalities of the Axis Bank in this context are to be met by the User.
All rules, regulations, guidelines and instructions given by the Reserve Bank of India, from time to time, shall be applicable on all transactions between the DH and the User.
Service-fee charged by the DH for air-travel booking shall be non-refundable in the event of cancellation of travel booking.
DH provides Prepaid Ticket Advise (PTA) or the Air-ticket on the portal, as a print out of e-ticket from the ticket queue, after the User meets his/her commitment as to payment for the air-travel. The User must carry with him/her the e-ticket provided by DH at the time of checking-in the counter of the Airline concerned. In case, the User is having PTA with him, then the Airline representative will take a print-out and provide the e-ticket to the User at the time of checking-in.
The User must carry with him his/her photo-identification (I.D. proof) such as, Govt. issued photo Identity-card, Election-card, Driving license etc. along with e-ticket. For international travel, Passport is the only valid photo identity proof accepted. If, the User fails to produce the necessary photo identification proof or the e-ticket, he/she may not be issued the Boarding-pass/allowed to travel. For this, DH shall not be responsible in any manner.
3.13 In case, an infant (between 0-2 years) is traveling, it is mandatory to carry the birth-certificate of the infant along with the ticket. It must be noted that an infant is not allocated a separate seat in the Aircraft.
3.14 If, the fare-rules of the Airline concern permit the User to make the changes in itinerary, the User can change the date and time of Air travel. However, there can never be any change of sector(s) for which the booking is made. For making any changes, the User needs to contact DH representative.
Cancellation of Booking:
Cancellation of Air-travel booked through DH, should be made by SMS or e-mail to DH, and shall be valid, only if, it is duly confirmed by the DH by SMS or e-mail. In case the cancellation request is directly made to the Airline concerned, then User must provide the documentary proof of the same to DH within 48 Hours to initiate the refund process.
Refund in respect of Refundable Fare
Refund in respect of Refundable Fare Air-tickets is made after deduction of the cancellation fee charged per sector per passenger by the Airline concerned as per its terms and conditions. Different rates of cancellation fee are charged by different Airlines, which the User must enquire before booking an Air-travel, especially on promotional Fare. Additionally, cancellation charges are payable to DH by the User to the tune of Rs. 250 per sector per passenger on Domestic Travel and Rs. 1,000 per sector per passenger on International Travel.
Refund, if any, in respect of Non-Refundable
Refund, if any, in respect of Non-Refundable Fare Air-tickets is made in respect of taxes collected only and not the Fare charged by the Airlines. Different Airlines have different refund policies for non-refundable tickets, which the User must enquire before booking an Air-travel. Additionally, cancellation charges are payable to DH by the User, for facilitating refund in respect of non-refundable air-tickets, to the tune of Rs. 250 per sector per passenger on Domestic Travel and Rs. 1,000 per sector per passenger on International Travel.
Refund process may take 15-20 days from the date of the cancellation request. In case where the payment is made online, the refund amount, after deducting the cancellation charges, shall be credited to the same account/card which is used to make the online payment. Payments made by other mode, shall be refunded by account-payee cheque within a maximum of 30 days from the date of registering cancellation.
Conventional Booking for inbound, outbound and domestic tours, MICE and Events
DH undertakes bookings in conventional style, i.e. non-online booking, as regards, inbound, outbound and domestic tours, MICE and Events. For this, the User must get in touch with the DH representative or send an e-mail to make any request or queries.
All terms and conditions are settled in conventional style and payments are also made with mutual understanding of the User and the DH representative, as per mutual convenience.
If the tour package booked through DH needs to be cancelled, we must be conveyed about it through an e-mail at info@dolphinindia.com. The following system would apply:
If cancellation occurs 7 days prior : A processing fee will be levied.
If it is less than 7 days prior : 1-night retention plus a processing fee will be levied.
If cancelling after the check-in-date : No refund
However, some tariffs may be non-refundable as per the tour cancellation policy of DH. Taxes as applicable will also be charged.
DH reserves the right to change the deadline or completely revise it at its discretion without any prior information during Common Wealth Games, 2010 or during any Trade Fair, Exhibition, Conference and Event etc. happening in the city of New Delhi.
Terms and conditions as regards Booking of Dolphinn Hotels:
DH has three hotels in the City of New Delhi, namely Just Like Home, Dolphinn Grand and Dolphinn Select, for which bookings are made in conventional style, i.e. not online booking. For this, the User must get in touch with the DH representative or send an e-mail to make any request or queries.
If DH accepts a special facility, under which User can pay the hotel directly at the reception at the time of checking in, the User is obliged to provide his/her Credit Card details in order to guarantee the room-confirmation.
DH has the following hotel cancellation policy:
15 days prior to check-in : No cancellation charges
15-7 days prior to check-in : 50% of the full amount would be charged as retention.
7-3 days prior to check-in : 75% of the full amount would be charged as retention.
71 Hrs. prior to check-in/No Show : 100% of the full amount would be charged as retention.
Other terms and conditions relating to booking of Dolhpinn Chain of Hotels are as under:-
Any amendments in the booking, 71 hours before the date of check-in would be at hotel discretion.
No credit against the buffet meals would be applicable.
Check-in time would be 12.00 Noon/ Check-out time 12.00 Noon.
Minimum One Night Retention will be charged for Early Departure.
For NIL cancellation charges, DH can set the deadline one month before the check-in or completely revise it, at its discretion without any prior information during Common Wealth Games, 2010 or during any Trade Fair, Exhibition, Conference and Event etc. happening in the hotel premises or in the city of New Delhi.
If DH considers, in its sole and exclusive discretion, that the hotel booking order placed by the User is not reasonable, authentic, enforceable or valid, then DH may cancel the said order, at any time, up to 4 hours before the scheduled checking in of any Hotel or resort booked through DH.
Booking of Hotels other than that of Dolphinn Chain of Hotels:
The User may avail the services of booking hotels other than the Dolphinn Chain of Hotels. In this regard, DH provides conventional style of services. All queries be forwarded by e-mail in this respect. Needless to say, terms and conditions of respective Hotels, shall also apply in that event.
Facilitating Foreign Exchange:
The User may avail full-fledged Money Changer Services (Foreign Exchange) provided by the DH. All queries be forwarded by e-mail in this respect or can be made at the counter of the business premises of DH. All rules and policies of Reserve Bank of India apply in this respect.
Conventional booking for Other Services provided:
The User may avail other services such as Itinerary Planning, Consultancy and Management, Visa Planning and assistance, Worldwide Car Rentals, Planning and Managing Group and Fit tours, Conference and Event management in India and overseas and Airport Facilitation, provided by the DH. All queries be forwarded by e-mail in this respect or can be made at the counter of the business premises of DH. Earliest possible response/attention is provided.
Restrictions as to Liability:
Without prejudice to whatever is stated above, the maximum liability on the part of DH arising under any circumstances, in respect of any services offered on the Web-site, shall be limited to the refund of total amount received from the User for availing the services less any cancellation, refund or others charges, as may be applicable. In no case, the liability shall include any consequential loss, damage or additional expenses whatsoever beyond the amount charged by DH for its services.
DH will not be liable to the User or to any other person for any direct, indirect, incidental punitive or consequential loss, damage, cost or expenses of any kind whatsoever and howsoever caused from out of the User’s usage of this Web-site. Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, DH’s liability (whether by way of indemnification to the User or otherwise) shall be restricted to a maximum of INR 1,000 (Indian Rupees One thousand only).
General:
Limitations, disclaimers and exclusions contained in the present Terms and conditions, shall apply without regard to whether the damages arise from (a) use of Web-site (b) breach of contract (c) breach of warranty (d) negligence or any other cause of action, to the extent such exclusion and limitations are not prohibited by statutory laws, rules and regulations applicable thereto, as are in vogue in the National Capital Territory of Delhi, India.
Fees payment:
DH reserves the rights to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the DH services. DH further reserves the right to alter any and all fees from time to time, without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the services of DH.
In no event DH shall be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the material on the Web-site of DH, even if, an authorized representative of DH has been notified orally or in writing of the possibility of such damage. Because, some jurisdiction do not allow limitations on implied warranties, or limitations of liabilities for consequential or incidental damages, these limitations may not apply to the User.
Revision and Errata:
The materials appearing on the DH’s Web-site may include technical, typographical, or photographic errors. The DH does not warrant that any of the materials on its Web-site are accurate, complete or current. The DH may make changes to the materials contained on its Web-site at any time without notice. However, DH does not make any commitment to update the materials.
Any User availing services of DH through this Web-site, shall be deemed to have read, understood and expressly accepted these terms and conditions, which shall govern the desired transaction or provision of such services by DH for all purposes, and shall be binding on the User.
DH reserves the right, in its sole discretion, to terminate the access to any or all DH Web-sites and the related services or any portion thereof at any time, without notice and without liability.
Privacy Policy:
The User hereby consents, expresses and agrees that he/she has read and fully understood the Privacy Policy of DH. The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her. The User further consents that the DH has a free discretion to amend, modify, cancel or invoke any aspect of the Privacy Policy, to which the User will have no objection whatever.
Unless otherwise specified, the Web-site of DH is for the User’s personal and non-commercial use. The User may not modify, copy, distribute, transmit, display, re- produce, publish, transfer or sell any information, software or services obtained from the DH.
Material contained in this web-site is protected by and subject to Copyright, Trade Mark laws and other laws applicable, as are in vogue in the National Capital Territory of Delhi, India.
Headings/Captions:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices or the right to use this Web-site by the User contained herein or any other section or pages of Web-site of DH.
Interpretation as to Number and Gender etc.:
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include’, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this agreement as a whole.
Indemnification:
The User agrees to indemnify, defend and hold harmless DH and its respective lawful successors and assigns from and against any and all 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 DH and its 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.
Severability:
If any clause of these terms and conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such part of that clause. Remaining part of the said clause and all other clauses of these terms and conditions shall continue to be in full force and effect.
Prohibition against unlawful use:
As a condition of the use of the Web-site, the User warrants that he/she will not use the Web-site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this agreement. In addition, the Web-site shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Web-site. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Web-site.
Force Majeure:
DH shall not be responsible for any failure to fulfill its obligation under these terms and conditions, if the failure is occasioned on account of factors beyond the reasonable control of DH, including without limitation acts or omissions of Government or Military Authority, acts of God, fire, floods, labour-disturbances, riots or wars etc.
Amendments to the Web-site and to the terms and conditions etc.
DH may at any time, in its sole discretion, amend, modify, cancel or remove the whole or part of the Web-site, as well as all or any of the terms and conditions posted at the Web-site, temporarily or permanently, without notice and without liability.
Waiver
Waiver on the part of DH, of any term or condition contained herein, shall not be valid or binding on DH, unless it is in writing and signed by a duly authorized representative of DH.
User’s Obligations:
The User represents and confirms that the User is of legal age to enter into a binding contract and is otherwise not incapable of entering into a valid contract. The User further confirms that he/she is not a person barred from availing the services under the laws of India or other applicable law.
The User also understands that the services may include certain communications from DH as service announcements and administrative messages. The User understands and agrees that the services are provided on “as is” basis and that DH does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
Dispute Resolution:
If any dispute arises between the User and the DH, in connection with any matters relating to use of this web-site or in connection with the services offered by the DH, then the same shall be subject to exclusive territorial jurisdiction of Courts set up by Law, in the National Capital Territory of Delhi, India.
Governing Laws:
For the resolution of disputes between the User and the DH, governing Laws shall be the Laws in vogue in the National Capital Territory of Delhi, India, without reference to conflict of laws principles. By virtue of the fact that the User avails any of the services offered by the DH on this Web-site, it shall be deemed unequivocally that the User has read, assimilated, understood and accepted the terms and conditions given above. It shall also be assumed that the User has consented, without any qualifications and reservations, to abide by the terms and conditions regarding the use of this Web-site as well as to the terms and conditions availing services offered by DH.
