Terms & Conditions
This User Agreement along with Terms Of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services and products of Genesis Travel Services.(GTS)
Any person (“User”) who inquiries about or purchases any products or services of GTS through its websites, mobile applications, sales persons, offices, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement. The websites and the mobile applications of GTS are collectively referred to as ‘Website’.
Both User and GTS are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.
“Terms of Service” available on GTS’s website details out terms & conditions applicable on various services or products facilitated by GTS. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
LIMITED LIABILITY OF GTS
Unless GTS explicitly acts as a reseller in certain scenarios, GTS always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as “Service Providers”). GTS’s liability is limited to providing the User with a confirmed booking as selected by the User.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. GTS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
Unless explicitly committed by GTS as a part of any product or service:
GTS assumes no liability for the standard of services as provided by the respective Service Providers.
GTS provides no guarantee with regard to their quality or fitness as represented.
GTS doesn’t guarantee the availability of any services as listed by a Service
Provider
By making a booking, User understands GTS merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not GTS Thus the ultimate contract of service is between User and Service Provider.
User further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. GTS, therefore cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.
USER’S RESPONSIBILITY
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through GTS. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an “as is” and “as available” basis. GTS may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. GTS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from GTS or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes GTS’s representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, GTS reserves the right to charge certain fees in the nature of convenience fees or service fees. GTS further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, GTS shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to GTS. In cases where the short charge is claimed prior to the utilization of the booking, GTS will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by GTS on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, GTS will process the refund of the booking amount paid by the User and intimate the User about the same. GTS is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and GTS as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
The User agrees and understands that all payments shall only be made to bank accounts of GTS. GTS or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of GTS. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by GTS or to any personal account of any person, GTS shall not be held liable for the same. User shall not hold any right to recover from GTS any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of GTS. The User shall immediately inform GTS if such details are demanded by any of its agents’ employees or representatives. GTS shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
Booking(s) made by the User through GTS are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
GTS provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks.
INSURANCE
Unless explicitly provided by GTSin any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case GTS shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by GTS shall be as per the terms and conditions of the third-party insurance company. GTS merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. GTS shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
TCS COMPLIANCE
TCS on Overseas tour packages:
‘Overseas tour package’ means any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.
‘Specified Person’ means a person defined as per provisions of Section 206CCA(3) of Income Tax Act, 1961.
The User is liable to pay Tax collected at source (TCS) on booking of an ‘Overseas tour package’ at an appropriate rate over and above the price charged for such package in compliance with the provisions of Section 206C (1G)(b) of the Income Tax Act, 1961. GTS will deposit the TCS amount so collected with the Government and issue appropriate document/certificate to the User in compliance with aforesaid provision.
The User is required to provide a valid PAN of User/Traveler(s) at the time of booking and overseas tour package with GTS. The User understands and agrees that GTS, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance of provisions of Section 206CC of Income Tax Act. The User agree that in case the PAN is found to be invalid, or it does not belong to User/traveler(s), GTS has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to said booking.
The User further understand and agrees that GTS would also, at the time of booking or at a later stage, validate User/traveler(s) PAN as per the provisions of Section 206CCA of Income Tax Act and if on validation the User qualifies as a ‘Specified person’, the User agrees to pay TCS to GTS at such higher rate as may be applicable under section 206CCA.
The User agrees to pay the additional TCS amount to GTS where, as a result of validation under section 206CCA, the TCS collected at the time of booking fall short of the applicable rate of TCS. If User fails or disagree to pay the additional TCS, GTS has the right to cancel the booking and process appropriate refund as per the cancellation policy applicable to such booking.
COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)
The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS)which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by MMT either at the time of booking or after the booking is made. In case the traveler is a minor, GTS will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.
The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, GTS has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
The User authorizes GTS to retrieve User’s/ traveler’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.
The User understands GTS does not collect User’s PAN details without consent.
The User authorizes GTS to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.
TOP OBLIGATION TO OBTAIN VISA
International bookings made through GTS are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.
GTS is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of GTS for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
CANCELLATION CHARGES
If the Outbound Tour is cancelled for any reason what-so-ever, including cases of visa rejection or voluntary cancellation by the User the cancellation charges as mentioned in the brochure or the itinerary will apply. In the absence of any such information, the following cancellation charges will apply:
Time period in which the cancellation is made
Charges:
45 days or more, prior to departure–Booking fees of Rs.10,000 will be charged.
Between 44 and 31 days of departure–50% of Tour Cost
Between 30 and 25 days of departure–75% of Tour Cost
Less than 25 days of departure–100% of Tour
Cost
No-show for any reason what-so-ever–100% of Tour Cost
Deposits paid for bookings are non refundable in nature. They can only be adjusted against another booking. In the event where no immediate booking is made, a credit note will be issued to be valid for 6 months. Incase client fails to utilise this credit note within the given time period, TA will not be responsible for the same.
TOP FORCE MAJEURE
There can be exceptional circumstances where GTS and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of GTS. If GTS has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that GTS being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, GTS’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge GTS from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall GTS and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
