Terms and Conditions – Travmax

1. All prices for all tours are on Twin sharing basis. In case of a single traveller, single supplement charges will apply.

2. The tour price includes all the inclusions mentioned and excludes all that’s not mentioned in the inclusions.

3. The tour cost usually includes Return Airfare, Hotel Stays, Transfers, Breakfasts, Sight Seeing, Visa Assistance ( not visa fees ). Please read the list of inclusions for each tour.

4. In the Traveasy plan the tour can be availed after making all the instalments or after making the complete payment at any stage.

5. All the prices are for normal season. High season surcharge or special days surcharge may apply.

6. If a tour is achieved with Travmoney as earned or incentive, it cannot be exchanged with cash.

7. Commission Payout of the current month will be released only when all instalments are paid on due dates without delay.

8. Minimum 2 instalments need to be paid to be eligible for availing the Travmoney/Travcash/Free Travel incentive.

9. All commissions are paid monthly.

10. For all Partners, Travellers willing to use the refer a friend model for Income and Incentives should adhere to the Partner rules of Travmax Holidays with regard to Micro, Macro and Mega Partners.

11. After booking the tour by making the payment of 20% of the tour cost or Rs. 11,000 ( whichever is higher as per the tour cost ), the tour price is valid for a period of 45 days only. A revised price may be applicable post 45 days depending upon the season.

12. All applicable Taxes are extra.

13. All the terms and conditions, rules and regulations pertaining to Travel packages and becoming a partner/distributor/advisor/franchise or amount of commission etc. can be amended, changed, modified, withdrawn, reintroduced or suspended anytime with or without notice. The same shall be binding on all the concerned.

14. In case of family travellers, in order to work as partner distributors/advisors/franchisees/resellers they need to fulfil all the requirements and conditions for each of its centre/partnership.

15. Booking cost paid is non-refundable.

16. After making minimum 2 instalments, a passenger can take an instalment holiday and can hold the tour up to 1 year as per his suitability. He will need to pay the revised cost of the tour applicable at that time.

17. Travmax Holidays reserves the right, at any time, without prior notice and liability and without assigning any reason whatsoever, to add/alter/modify/change or vary all of these terms and conditions or to replace, wholly or in part, this offer by another offer, whether similar to this offer or not, or to extend or withdraw it altogether.

18. In case the customer/partner does not pay the instalments on time as per the plan, the booking will be cancelled and the booking amount will be forfeited.

19. In the event of any misuse or abuse of the offer or the conditions by the traveller /partner/distributor/advisor or any travel agent, Travmax Holidays reserves the right to deny the offer or cancel the bookings without assigning any refund.

20. This offer is valid for bookings made through travmax account log-in only.

21. Cashback/Moneyback/Income/Commission will be credited within 45 days of travel corresponding to last eligible booking and after the payment of minimum 2 instalments or 20% of the tour cost ( which ever is highest ).

22. A partner/advisor needs to make 5 own sales in order to be eligible for maximum incentives and commissions.

23. 5% TDS and 5% Admn charges will be deducted from the final payout/commission.

24. Any fully cancelled or partially cancelled booking will not be considered for commission/offer as this is only for valid confirmed bookings.

25. Travmax Holidays shall not be liable to for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the offer or in travel, before, during and after.

26. All the Air Tickets and travel, hotel bookings and stays, transfers etc. etc. are third party arrangements and are outside the control of Travmax Holidays.

27. Travmax Holidays will not be responsible for any delays/dysfunctions/damages arising out of any of the activity before, during and after the travel/tour.

28. All the visas are the sole discretion of the respective embassy and Travmax Holidays can have no role in that. Incase the visa is delayed or denied, Travmax Holidays cannot be held responsible in any way whatsoever. Fees paid or any other charges paid are non refundable in case of any delay or denial.

29. In case of International travel, to grant entry into the foreign country is the prerogative of the presiding immigration officer. Though its usually not a problem but in case of some extra ordinary unusual circumstances if the entry is denied to anyone in particular or a group in together, Travmax Holidays will not be responsible in any way whatsoever. No refund shall be made in that case whatsoever.

30. Any Inconveniences, delays, damages, losses occurring before, during or after the tour due to any reason, due to any party, due to any conditions are not the responsibility of Travmax Holidays and no compensation/refund partial or full can be made in any such case.

31. Travellers are advised to keep special care of their personal belongings ( cash, mobile, documents etc. ) during travel, stays, transfers, flights, commute, dining, sightseeing etc. Travmax Holidays will not be responsible for any loss resulting out of anything lost or stolen or any other factor. No compensation/refund can be made in such case.

32. Decision on cashback/moneyback/income/commissions to be credited remains solely with Travmax Holidays.

33. Disputes, if any, arising out of or in connection with this arrangement/offer shall be subject to the exclusive jurisdiction of the competent courts in Chandigarh.

34. Travmax Holidays is very firm with its “Respect Your Visa” policy. Every traveller needs to respect, follow and abide by the terms and conditions of every visa of every country that’s been granted. The conditions regarding the duration and any other if applicable need to be strictly adhered to by each one as individuals or/and groups.

35. Travmax Holidays reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.

Terms for Plans

1. Down Payment Plan – By making full payment plus taxes, one can avail the tour immediately by choosing the available travel dates in the near future.

2. Part Payment Plan – By paying 20% of the total tour price, one can book the tour and can travel within 45 days by making the balance payment.

3. Instalment Plan – Partner can book the tour and can pay in 10 equal monthly Instalments. Partner can anytime pay the balance amount and can take the tour anytime.

– Making 2 instalments is mandatory to keep the booking of the tour.

– One can cancel the tour within 30 days of the booking and can get 100% refund.

– Upon cancelling the tour in between, 20% of the tour cost will be charged towards the cancellation amount.

– After paying 20% of the cost one can take an Instalment Holiday for a period of upto 6 months with the approval of the company only in case of exceptional circuimstances.

By Logging in the website www.travmaxholidays.com the user hereby certify and confirm that he/she is bound by the following terms & conditions :-

APPLICABILITY:

www.travmaxholidays.com is a website/ application owned and operated by ERC MAX Ventures Pvt. Ltd. to facilitate offering travel services like Air Ticket / Hotels / Holiday Packages / Travel insurance/other allied services to the travellers who intend to book the services for their travel needs. The services are provided from its user interface www.travmaxholidays.com and the same can also be made available through its sales office / head office and/or franchisee office.

USER OBLIGATIONS:

By availing services through www.travmaxtours.com the user accepts the terms and conditions including but not limited to Price details, Rules, Penalties, Refunds documentation required against the transaction made on Travmax/ERC Max Ventures Pvt. Ltd. . All services rendered are different from each other, hence specific rules of each transaction will apply. In case of any conflict, the present terms and conditions will prevail. Travmax/ERC Max Ventures Pvt. Ltd. reserves the right to use the email Id / mobile number or any other personal information supplied by the user to send the itinerary details and or send special promotions from time to time.

FOREIGN EXCHANGE TRANSACTIONS

While making payments in foreign currency, the user hereby undertakes and confirms that he has complied with all applicable rules and regulations/ guidelines prescribed by RBI from time to time. Use of this Site by any user for the purpose of any Foreign Exchange transaction is a deemed Declaration by the customer under Foreign Exchange Management Act, 2002 as to the purpose of the Transaction. The Company holds no responsibility for any kind of violation or irregularity committed by the User.

ONLINE PAYMENTS

By booking any transaction through payment gateway options, you irrevocably authorize and allow the Company and its employees /agents like banks and representatives designated by them to retrieve, use, store your relevant information/data at all times. For any transaction made through debit/credit card/netbanking/Wallet payment online, the entire responsibility of the same shall always rest upon you and the Company will have no answerability/liability /responsibility for any type of misuse/excess payment /wrong payment and false debit etc.

SERVICE CHARGES

Travmax/ERC Max Ventures Pvt. Ltd. reserves the right to add a service fee or Surcharge to the published fare on the website and once confirmed it will be the responsibility of the USER to pay all charges, fees, taxes arising out of each transaction. All commercial terms and conditions are subject to change solely at the discretion of Travmax without any notice. The user understands and confirms that this stipulation is fair considering the unique circumstances of travel trade.

Terms of use

This website/application (the “Site” & the “App”) is/are published and maintained by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd., a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any subsite (whether belonging to an ‘associate’ of Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. or otherwise) through this site, then such subsite may have its own terms and conditions of use which is specific to such subsite. Subsites may contain such additional terms and conditions of use as may be set out in such subsite. h3

Visa

Visa Approval is strictly subject to embassy/consulate/immigration solely.

If tour/flight is booked already and visa approval is delayed by embassy/consulate/immigra-tion, then travmax/zoogol/ERC Max Ventures Pvt. Ltd. will not be liable for flight cancellation and the cancellation charges/damages thereof.

Visa cannot be cleared once it is rejected by Embassy/Consulate/Immigration and any/all amounts paid are non-refundable and all amounts due/unpaid are payable and recoverable

In case of Overstay, penalty of USD 2500 will be imposed and must be payable by Customer/Traveller.

In case passenger involved in any illegal activity, all the fines & penalties must be payable by the Customer/Traveller.

Site and Its Contents

This Site is only for your personal use. You shall not distribute, ex-change, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site/App in any way.

Access to certain areas of the Site may only be available to registered members or Macro/Mega Partners. To become a registered member or Macro/Mega Partner, you may be required to upgrade your account. Please follow the upgrade account process to upgrade partnership account. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You can-not use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. or otherwise. By displaying them on this Site, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download such copy/copies of the Content to be used only by you for your personal use at home unless the subsite you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

Others rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information

Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law

Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer

Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded

Falsify the origin or source of software or other material contained in a file that is uploaded

Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file post-ed by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

User’s Material

You are prohibited from posting or transmitting any defamatory, libellous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.

Transglobal Holidays assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erro-neous, inaccurate, libelous, obscene or profane material. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. may change, edit, or remove any user material or conversa-tions that are illegal, indecent, obscene or offensive, or that violates Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. policies in any way.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. will fully cooperate with any law enforcement authorities or court order requesting or directing Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. to disclose the identity of anyone posting such materials.

Travmax Holidays Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd., as non-confidential.

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. does not cause Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. to have any special responsibility to you.

The copyright in the contents of this website belongs to Travmax/Zoogol/ERC Max Ventures Pvt. Ltd.. Accordingly, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. reserves all rights. Copying of part or all the contents of this website without permission of Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Agency Terms and Conditions

Payment due to Domestic/International Tours as per the Collection period noti-fied by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. from time to time.

(a) Voiding would be as per the Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. norms.

Refund charges would be as per the Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. Norms.

Service charges levied are to be collected from the customers on our behalf.

TDS will be deducted as per the law. TDS will be deducted on all commissions/incentives. The TDS certificate will be issued in the next Financial Year.

Responsibility for Taxes. Partner/Franchisee/Distributor/Advisor/Agent acknowledges that, regardless of any action taken by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd., the ultimate responsibility for Tax Collected at Source (‘TCS’) under section 206C(1G) or any other taxes as may be legally applicable and filing requirements in connection with the same thereof (hereinafter collectively referred to as ‘Tax Obligations’), is and shall remain his (or her) responsibility.

The credit limit will be on a weekly basis depending upon the certain guarantees.

Any advance amount paid by the agent will be non-interest bearing and should be utilized within 360 days from the date of payment. If such advance is not utilized within this period of 360 days, the unutilized portion shall be held in trust, for the benefit of the agent, by Transglobal Holidays for a period of 2 years from the date of payment of such advance after which the same shall be deemed as forfeited.

The User shall request Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. for any refunds against the unutilized or ‘no show’ air or hotel booking for any rea-sons within 90 days from the date of departure for the air ticket and/or the date of check-in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or no show air or hotel booking shall be deemed to have been forfeited.

Any other refunds or unadjusted credits received from suppliers (including hotels, airlines etc.) and not claimed or pursued by travel agents or suppliers within 2 years of receipt of such amounts by Company, shall be deemed to have been forfeited.

Partner/Franchisee/Distributor/Advisor/Agent will be responsible for maintaining all related documents including confirmation from the travelers that the amount paid by them for travel outside of India is in within the annual limits for res-ident individuals as prescribed by the Reserve Bank of India from time to time.

That our Client shall grant a limited and non-transferable right to you, the Noticee, to use the website of our Client – transglobalholi-days.com for conducting online booking of the various travel ser-vices as made available by our Client to you.

That you, the Noticee, shall make payment for the services availed by cash/cheque/demand draft/credit card, and in case of non-payment within 7 days of the due date you, the Noticee, shall be liable to pay interest at the rate of 0.1% per day till the date of payment of the full amount.

That you agree to indemnify us from and against any and all losses, liabilities, claims, damages, costs and expenses asserted against or incurred by us that arise out of any breach or non-performance of any covenant or agreement made or obligations to be performed by you;

Disclaimer

The material in this Site could include technical inaccuracies or typo-graphical errors. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. may make changes or improve-ments at any time.

The materials on this site are provided on an “As Is” basis, without war-ranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. disclaims all warranties of merchantability and fitness for a particular purpose.

It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. ‘ is not responsible for any inaccuracies in the photos.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. does not warrant or make any representations re-garding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications ser-vices or as a result of any maintenance or other service work carried out on this Website. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

You also acknowledge that through this Site, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. merely provides intermediary services in order to facilitate the highest quality services to you. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. is not the last-mile service provider to you and therefore, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.

Notwithstanding anything else to the contrary contained elsewhere here-in or otherwise at law, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1 (Indian Rupees One only).

Availability

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geo-graphical location. You should check with your local Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. authorized representative for the availability of specific products and services in your area.

Terms and Conditions of Use

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifica-tions of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. systems, as well as its clients’ interests are and remain, well-protected. Towards this end, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

If Travmax/Zoogol/ERC Max Ventures Pvt. Ltd., in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. may cancel the said orders at any time up to 4 hours before the scheduled time of departure of the relevant flight or 4 hours before the expected date of visit to any property booked through Travmax/Zoogol/ERC Max Ventures Pvt. Ltd..

General Provisions

You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories is-sued by them before booking travel to certain international destinations.

By offering for sale travel to particular international destinations, Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. does not represent or warrant that travel to such point is advisable or without risk. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. shall have no obligation to take the needs of any User into consideration in connection therewith.

Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. reserves its right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

No waiver by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd. of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

Any and all disputes arising in connection with the Service Agreement shall be settled in the first instance by good faith negotiations, and if the dispute cannot be settled within 7 days by mutual discussions, the same shall be settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by Travmax/Zoogol/ERC Max Ventures Pvt. Ltd., whereby the venue of the arbitration shall be Chandigarh and the arbitration proceedings to be conducted in English ; Each party shall bear its own costs (including legal costs) for participating in the arbitration proceedings, and the arbitrator’s fees and expenses and other incidental expenses shall be paid by the parties as determined by the arbitrator.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Chandigarh, India.

Grievances

In the event of any grievances regarding our services you may write to us at [email protected] © ERC Max Ventures Pvt. Ltd. | Terms & Conditions | Privacy Policy | Contact Us




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