Terms & Conditions – Xplore World

Applicability

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 Xplore World. (“XW”).

Any person (“User”) who inquiries about or purchases any products or services of Xplore World through its websites, sales persons, offices, call center, branch offices, franchisees, agents, etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.

Both User and Xplore World are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.

“Terms of Service” available on Xplore World’s website details out terms & conditions applicable to various services or products facilitated by Xplore World. 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.

Eligibility to Use

The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of Xplore World. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.

As a minor, if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of the creation of the account is false.

Before using the Website, approaching any Sales Channels, or procuring the services of Xplore World, the Users shall compulsorily read and understand this User Agreement and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with Xplore World. If the User does not agree with any part of this Agreement, then the User must not avail of Xplore World’s services and must not access or approach the Sales Channels of Xplore World.

All rights and liabilities of the User and Xplore World with respect to any services or product facilitated by Xplore World shall be restricted to the scope of this User Agreement.

Content

All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons, and similar content (“Content”), are registered by Xplore World and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.

User agrees to follow all instructions provided by Xplore World which will prescribe the way such User may use the Content.

There are a number of proprietary logos, service marks, and trademarks displayed on the Website and through other Sales Channels of Xplore World as may be applicable. Xplore World does not grant the User a license, right, or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will be in violation of the applicable law.

Xplore World respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

Clear identification of such copyrighted work that you claim has been infringed.
Location of the material on the Website, including but not limited to the link of the infringing material.
The proof that the alleged copyrighted work is owned by you.
Contact information.

Website

User shall not distribute exchange, modify, sell, or transmit anything from the Website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

XW will always make its best endeavors to ensure that the content on its websites or other sales channels is free of any virus or other malware. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information

XW reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User.

Limited Liability of XW

Unless XW explicitly acts as a reseller in certain scenarios, XW always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, etc. (collectively referred to as “Service Providers”). XW’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 of any such services shall be the sole responsibility of the Service Provider. XW 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 XW as a part of any product or service:

XW assumes no liability for the standard of services as provided by the respective Service Providers.
XW provides no guarantee with regard to their quality or fitness as represented.
XW doesn’t guarantee the availability of any services as listed by a Service Provider.

By making a booking, User understands XW merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not XW. 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. XW, 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 XW. 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. XW may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. XW 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 XW 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 XW’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.

Security and Account Related Information

While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify XW immediately in writing of any unauthorized use of their password or account or any other breach of security. XW will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else’s account at any time.

User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.

XW keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., XW may at times verify certain information of its Users like their credit score, as and when required.

Additionally, XW may share your Personal Information in an anonymised and/ or aggregated form with a third party that XW may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.

XW adopts the best industry standard to secure the information as provided by the User. However, XW cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.

The data of the User as available with XW may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

Fees and Payment

In addition to the cost of booking as charged by the Service Providers, XW reserves the right to charge certain fees in the nature of convenience fees or service fees. XW further reserves the right to alter any and all fees from time to time. Any such additional fees, including fees 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, XW shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to XW. In cases where the short charge is claimed prior to the utilization of the booking, XW 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 XW on account of a change in the rate of taxes or imposition of new taxes, or levies by the 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, XW will process the refund of the booking amount paid by the User and intimate the User about the same. XW 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 XW 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 the bank accounts of XW. XW 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 XW. 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 XW or to any personal account of any person, XW shall not be held liable for the same. User shall not hold any right to recover from XW 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 XW. The User shall immediately inform XW if such details are demanded by any of its agents’ employees or representatives. XW 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 XW are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

Usage of the Mobile Number, Communication Details Of the User by XW

XW will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change, or any such other information relevant to the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail, or any other alternate communication detail provided by the User at the time of booking.

XW may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking, and also to help the User with the same.

The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email, or any other mode by XW are:

upon the request and authorization of the User;
‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of the Telecom Regulation Authority of India (TRAI), and
In compliance with the relevant guidelines of TRAI or such other authorities in India and abroad.

The User will indemnify XW against all types of losses and damages incurred by XW due to any action taken by TRAI, Access Providers (as per TRAI regulations), or any other authority due to any erroneous complaint raised by the User on XW with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

Insurance

Unless explicitly provided by XW in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case, XW shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by XW shall be as per the terms and conditions of the third-party insurance company. XW merely acts as a facilitator in connecting the User with the insurance company. The User shall contact the insurance company directly for any claims or disputes. XW 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 a 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 the 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. XW will deposit the TCS amount so collected with the Government and issue the appropriate document/certificate to the User in compliance with the aforesaid provision.

The User is required to provide a valid PAN of User/Traveler(s) at the time of booking an overseas tour package with XW. The User understands and agrees that XW, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance with provisions of Section 206CC of the Income Tax Act. The User agrees that in case the PAN is found to be invalid, or it does not belong to the User/traveler(s), XW has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to the said booking.

The User further understands and agrees that XW would also, at the time of booking or at a later stage, validate the User/traveler(s) PAN as per the provisions of Section 206CCA of the Income Tax Act, and if on validation the User qualifies as a ‘Specified person’, the User agrees to pay TCS to XW at such higher rate as may be applicable under section 206CCA. The User agrees to pay the additional TCS amount to XW where, as a result of validation under section 206CCA, the TCS collected at the time of booking falls short of the applicable rate of TCS. If the User fails or disagrees to pay the additional TCS, XW has the right to cancel the booking and process the appropriate refund as per the cancellation policy applicable to such booking.

Compliance of Liberalized Remittance Scheme (LRS)

The RBI mandates the collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which includes 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 XW either at the time of booking or after the booking is made. In case the traveler is a minor, XW will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance with 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, XW has an obligation to cancel the booking in compliance with the law and process a refund as per the cancellation policy applicable to the 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 XW to retrieve User’s/ traveler’s (in case booking on someone’s behalf) PAN details from the Users profile, previous bookings or share User/traveler’s data with a third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.

The User understands XW does not collect the User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.

The User authorizes XW to share User/traveler data with a third party(ies) for collecting or verifying PAN details of the User/traveler.

Obligation To Obtain Visa

International bookings made through XW are subject to the requirements of visa including but not limited to the transit visa, and 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.

XW 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 of whether or not the User has availed the services of XW for the visa process too. Refunds, if any, will be as per the applicable terms of the booking and cancellation policy.

Force Majeure

There can be exceptional circumstances where XW and/or the Service Providers may be unable to honor the confirmed bookings due to various reasons like an 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 XW. If XW has advanced knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide a similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operator. The User agrees that XW 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, XW’s obligation shall be limited to refunding the booking amount, if any, received from the customer. Such refund shall completely discharge XW from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall XW 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.

Advertisers On XW, And Linked Websites

The Website may contain links to third-party websites. XW does not control such websites and is not responsible for their content. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and XW shall assume no liability for the same.

XW is not responsible for any errors, omissions, or representations on any of its pages, links, or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.

XW does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of XW and hence XW is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. XW is providing these links to the Users only as a convenience.

Right To Refusal By End Service Provider

User agrees that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through XW with/without assigning any reasons or owing to reasons including but not limited to behavioral issues, public safety, health hazards, infectious diseases, government orders/notification, etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of XW and the User agrees that any claim, refund, or damages against such refusal shall lie solely against the end service provider and not XW.

Right To Cancel

The User expressly undertakes to provide XW with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on the part of the User would disentitle the User from availing the services from XW.

In case XW discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, XW shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, XW shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency or government authority approaches XW to cancel any booking, XW will cancel the same without approaching the concerned User whose booking has been canceled.

The User shall not hold XW responsible for any loss or damage arising out of measures taken by XW for safeguarding its own interest and that of its genuine customers. This would also include XW denying or canceling any bookings on account of suspected fraudulent transactions.

Fake Calls And Other Similar Phishing, Spamming or Fraudulent Activities

XW’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP, etc. nor will they ever request for a fund transfer to a person or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.

Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.

Indemnification

The User agrees to indemnify, defend and hold harmless XW, its affiliates, and their respective officers, directors, lawful successors, and assigns from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country-specific rules and regulations or general code of conduct and XW cannot be held responsible for the same.

Covid-19 Related Terms & Conditions

The user agrees that due to the recent outbreak of the COVID-19 pandemic, which has been declared a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:

Exhibiting any symptoms associated with COVID-19.
Refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms, etc.
the suffering of any ailment making the User vulnerable to the virus
poses a threat to the health and safety of others

In such cases, XW will assume no liability for the refusal of service by the end service provider. The User also agrees that a refund, if any, for such bookings will be processed by XW to the User subject to receipt of the same from the end service provider.

User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments, and statutory bodies have/may come up with a detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.

The User agrees to abide by all such guidelines/SOP while undertaking any travel. Failure to abide by such a detailed set of guidelines/SOP may lead to a situation where the service provider or any person authorized by the Central Government, State Government, or statutory body may disallow the User to undertake the travel. In such circumstances, XW will not be held liable for such refusal to travel, and refund, if any, shall be strictly as per the terms of the service provider.

User understands that the Central Government, State Governments, and various other bodies, may mandate downloading of Arogya Setu App or submitting a self-declaration form prior to entering a transit point like an airport, railway station, etc., or at the time of checking-in for a flight, into a hotel, etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternative such as self-declaration when demanded.

The user undertakes that all bookings are subject to certain minimum medical well-being criteria specified by the Govt. / appropriate authority from time to time. Users should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard, the User may be required to furnish medical proof or health declaration in an applicable format.

Miscellaneous

SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.

AMENDMENT TO THE USER AGREEMENT: FLP reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

CONFIDENTIALITY: Any information which is specifically mentioned by XW as confidential shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

FEEDBACK FROM CUSTOMER: XW would like to know the feedback of the Users for improving its services. The User hereby authorizes XW to contact the User for their feedback on various services offered by XW. Such feedback may be collected through emails, telephone calls, SMS, or any other medium from time to time.

PRIVACY POLICY: The user shall also refer to XW’s Privacy Policy available on XW’s website which governs the use of the Websites. By using the Website, the User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by XW and its affiliates in accordance with the terms of the Privacy Policy.

TERMS OF SERVICE:

VISA SERVICES:

Role of XW and Limitation of Liability

XW solely acts as a facilitator for visa processing and is not responsible for the grant or rejection of the User(s) visa in any manner whatsoever. Issuance of visa is the sole decision of the concerned Embassy.

Services offered by XW should not be considered or construed as Visa advisory or consultancy in any manner as it acts on the instruction of the User. The user understands that he is solely liable to understand the requirement of a Visa to undertake his travel booked for the desired destination country/Countries and then instruct XW accordingly to initiate the Visa application process.

XW’s role is limited to informing the User about the documentary requirements for applying for a visa of a specific country or jurisdiction, collecting those documents as provided by the User, and submitting those documents to the respective embassy or high commission. Such requirements for making a visa application (including, but not limited to, documentation, fees, and time frames) are provided by XW on the basis of the information provided by the respective embassy or high commission. XW cannot and will not advise on the merit, completeness, or suitability of the documents, or the likelihood of approval or rejection of the visa being applied for.

XW may also inform the average time taken for the processing of a visa application by the respective embassy or high commission. However, it is the User’s responsibility to approach XW for the application of a Visa in a time-bound manner so as to secure a Visa prior to the date of departure.

Each country has varying requirements for passports and visas. For instance, certain nations require a minimum number of blank pages in succession or a certain minimum balance period of validity of the passport. These requirements are established by those respective countries and are subject to change without notice. While XW will make its best efforts to ensure that its User(s) are given, correct and updated information, there may be instances where the requisite information is not made available to XW, as a result of which XW may not be able to provide the same to its customers. In such cases, XW will not be held responsible for any inaccuracy in such information.

The approval or rejection of a visa is at the sole discretion of the respective embassy or the high commission to which the visa application is submitted. XW has no role in either assessing or processing the visa application. Such approval or rejection depends on a lot of factors, such as the information provided by the User, current or previous nationality, place of application of visa, residence, gender, age, profession, recent travel, and religion.

On the User’s behalf, the concerned consulate, embassy, or high commission, may call the User for a face-to-face interview, at its sole discretion. XW shall have no role to play in this process. XW will however inform the User about the date, time, and any other requirements as communicated by the concerned Embassy or High Commission for the interview.

XW may also appoint third-party vendors for the visa application process for different countries. Such third-party vendors will be responsible for applying for the visa of customers for the respective countries they have been appointed for.

For visa applications where submission of passports is required, XW shall take all necessary steps to ensure that the passport is safely delivered to the User. However, XW shall not be held liable if the passport is lost in transit or misplaced by the logistics service provider.

The countries for which the visa application services are being offered are mentioned in the visa section of the desktop site and the mobile app. The list of countries is subject to change at the discretion of XW.

XW shall not be held liable for the acts and omissions of any consulate, embassy, or authorities in delaying or not issuing the visa for any reason whatsoever. XW also cannot be held liable for any incidental cost/expenses in connection thereto incurred by the User. In certain instances, even when a visa is issued, the User may be denied entry as it is the local immigration authorities who have a final say on the entry decision.

In addition to Visas, certain countries may require additional conditions to be fulfilled. For example, an “OK TO BOARD” approval may be required for the User(s) traveling to Dubai. The user understands that it is the complete discretion of the concerned Airline/ department to grant or reject “ok to board” and XW has no role to play in this regard. XW merely acts as a facilitator between the User and the concerned department/ Airlines for the application of OK TO BOARD. User(s) are required to provide valid communication details (mobile number/ email id) at the time of applying for the Visa / OK TO BOARD services, as these will be the only point of contact for timely updates on the status of User Visa / OK TO BOARD application by XW.

Responsibilities of The Users

By engaging XW to facilitate the process of visa application, User authorizes XW to file the necessary visa applications along with visa fees, and embassy charges on his/ her behalf to the concerned embassy.

The User undertakes to provide the documents required for the processing of the visa, promptly to XW. The User further undertakes that the documents submitted are genuine and further the information provided by the customer is true and correct. XW shall bear no responsibility to verify the genuineness of the documents or the information provided.

User(s) are also required to provide to XW with all necessary and correct information, to allow XW to submit an application for visa processing. Such information may include but is not limited to, the User’s name, address, contact details, holiday destination, and any other information which XW considers necessary for the purpose of processing the User’s visa application.

Once XW returns the passport and documents of a User to him/her, it is their responsibility to check that all required visas have been obtained and details mentioned therein are correct and match their travel itinerary. The user shall also check his/her personal details mentioned on the visa issued.

In case of rejection, if the User wishes to reapply/appeal against the rejection of the visa, XW shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process along with the service fee to XW. Unless otherwise applied by the User, XW will not initiate the reapplication of any visa application.

In certain cases, the third-party vendor appointed by XW may refuse to submit the User’s visa application basis the credentials of a User, which may be decided on the basis of the documents submitted by the User. This will be done only in cases where the vendor is of the opinion that there exists a substantial risk of the visa being rejected. In such cases, if certain additional documents are required, the same will be informed to the User, and the application would be submitted only if such additional documents are submitted and are found to be in order. However, if the application is not submitted by the vendor, the visa fee shall be refunded but the service fee of XW shall remain non-refundable.

Payments and Other Charges

XW will charge the User a service fee towards the cost of providing the services of submitting the application on the User’s behalf to the concerned embassy. This service fee is in addition to the visa fees, embassy charges, and other similar fees by whatever name is called or as prescribed by the respective embassy. User shall pay such service fee to XW at the time of engaging XW to provide the visa-related services. XW will not be liable to refund the service fees for any reason whatsoever, even if the User ultimately decides not to submit the visa application, or if the visa application gets rejected.

In addition to the aforesaid service fees, any charges for logistics, i.e. pick up of documents, collection of passports, courier charges, etc. or any other cost incurred by XW beyond its regular scope of work shall be separately payable to XW by the User.

Embassy fees, taxes, and other charges which are not there under the control of XW are subject to changes made by embassies or government authorities without prior notice to XW, and XW cannot be held liable for this. Such fees, taxes, and other charges are not refundable after the visa application is submitted to the respective embassy. The aforesaid is as per the guidelines of the respective embassy, and XW has no control over the same.

OUTBOUND AND DOMESTIC TOURS :

Definitions

“Independent Contractors” means hotelier or hotel owner, owner of any airlines or shipping company or railway ferryboat owner, coach owner, or any other person or organization which has been selected to render services to the User.

“Outbound Tour” means a tour operated by XW outside of India and includes, but is not limited to, brochure tours, special tours, packages, cruises, sightseeing, carnival, cosmos, star cruise, etc.

“Tour Cost” means the total booking cost of all the services booked by the User for his outbound tour.

“Booking Fees” means a non-refundable fee or token money deposited at the time of booking by the User.

“Brochure” means a catalog, leaflet, e-mail, or any other document containing the details about the itinerary and activities on an outbound tour.

“Infant” means a person below the age of 2 years and child means a person above the age of 2 years and below the age of 12 years.

Role of FLP and Limitation of Liability

XW does not control or operate any airline, shipping company, coach, hotel, transport vehicles, restaurant, kitchen caravan, or any other facility or service mentioned in the Brochure.

XW shall not be responsible for any delay, improper service, or standard of service provided by any service provider or any Independent Contractor, or for any injury, death, loss, or damage caused by the act or default of any hotel, airline, shipping companies, cruise, coach owners, tour operators who are XW’s independent contractors.

XW shall not be responsible for any act or actions of co-travelers, or co-passengers which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided on the outbound tour.

XW being merely a facilitator, shall not be liable for the following:

Personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage, or any kind of theft howsoever caused to the User or any person traveling with them.
Any act, omission, or default of any travel agent or third party or any other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility, or service for the User or for any person traveling with him /her.
The temporary or permanent loss of, or damage to, baggage or personal belongings howsoever caused including wilful negligence on the part of any person.
Any delay made in the delivery of the service by the concerned service providers.
Failure on the part of the airline to accommodate passengers despite having confirmed tickets for any reason whatsoever including overbooking, change of route, etc., or failure on the part of the hotel to allow check-in despite confirmed booking for whatever reason.
Any claims of any dispute with the tour manager.
Any claim arising due to delay at the airport and if the User has to wait at the airport or at the hotel for check-in due to any technical snag or any other reason not attributable to XW, XW shall not be liable for making any arrangements, including but not limited to food or any hotel arrangement in case of such delays.
Any damages caused to the User due to reasons beyond the control of XW.

In no event shall the entire liability of XW for any claims, directly and indirectly, arising out of the tour exceed the total booking amount paid by the User.

There can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations, etc. If XW is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide a similar alternative to its User or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The User agrees that XW being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds. The maximum liability of XW in such events will be to refund the booking amount subject to receipt from the service providers.

Brochure

All information given in the Brochure is based on the information available at the time of publication. XW reserves the right to change any information contained in the Brochure before or after booking the outbound tour due to any event(s) beyond the control of XW.

In case XW becomes aware of any change before the departure for an Outbound Tour, XW will take all reasonable steps to notify the User before the departure for that Outbound Tour. In the event of XW becoming aware of the changes post the departure for the Outbound Tour, the XW tour manager or local representative will inform the User about the change.

The prices quoted in the brochure will be calculated at the rate prevailing at the time of printing the brochure. XW reserves the right to amend the prices published in the brochure in case of currency fluctuations, changes in the various gross rates of exchange, and/ or fuel costs, special/ high season charge levied by the suppliers, hike in the airline/ rail charges before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the departure by the User.

Apart from the instant Terms of Service and the User Agreement, some specific terms and conditions are mentioned against the respective Outbound Tour on the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the XW User Agreement & Terms Of Service and are to be read in consonance with each other.

No claim of the User against any change in the Brochure regarding the Outbound Tour shall be entertained if such changes are due to reasons beyond the control of XW.

Meals and Special Requests

The menus are pre-set for meals on the Outbound Tour. The nature of meals is clearly indicated in the Brochure. XW would not entertain a request for a special meal nor guarantees a special diet to the User except to the extent mentioned in the brochure.

XW reserves the right to change the menu if circumstances necessitate such a change. In the event that the User is not able to avail of the meals on the menu for any reason, no claim can be made for the unutilized meal against XW.

The user acknowledges that hotels worldwide serve breakfast at different (local) times or times as specified in the confirmed booking voucher. The user understands that Hotels do not pack or room-deliver breakfast. The meal has to be consumed when served. If the User misses breakfast due to any reason, no claim for the same shall be entertained.

XW may, in its sole discretion, entertain the requests for special meals, and room allocations subject to such requests being honored by respective service providers. XW would take all the necessary steps to ensure that these special requests are honored. However, in the event that such special requests are not honored, XW would not be liable for any claim in this regard by the User. Extra costs, if any, for special meals or any such special requests have to be borne by the User.

User shall bear the additional charges of any special meal if purchased by him/ her and shall not be entitled to recover the same from XW.

If the User fails to avail the meal due to the fault of XW, then XW’s liability is limited to the proportionate amount that the User had paid XW for the meal while booking the outbound tour.

Hotels in The Outbound Tour

XW takes all reasonable steps at the time of selecting the hotels that form a part of the Outbound Tour. The selection is based on an internal assessment of the respective hotels and such hotels selected are usually the best in the respective categories. XW endeavors to provide details of the hotel to the User in advance vide the proposed itinerary. However, XW reserves the right to change hotels before booking, subject to availability or any other reason beyond its control.

Once the User opts for a certain category or star rating of a hotel, later no claim or dispute with regard to the star category or type of the hotel shall be entertained by XW.

XW would not be held liable or to make good any inconvenience or discomfort caused to the User due to but not limited to the insufficient services provided at the hotel. XW acts as a facilitator between the User and the hotel, and would under no circumstances be held responsible for inadequate services provided by the hotel.

The User would be liable to make good any damage(s) caused by any act of him/her or their accompanying guests to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. XW would not, in any way, intervene in the same.

No request for a change of hotel shall be entertained after the booking is confirmed. If the User upgrades the hotel or changes the hotel on his own, he/she agrees to bear the charges incurred for change in the hotel and shall not be entitled to claim it from XW.

The user shall be responsible for his/ her baggage and valuables. XW shall not be liable for any loss of baggage or theft of User’s articles during their stay in the hotels or at any time during the tour.

Itinerary

XW will provide a proposed itinerary to the User before the booking. Such proposed itinerary shall be subject to changes. The confirmed booking details and hotel vouchers sent to the User before departure and after payment of the entire booking amount shall be final.

The Outbound Tour price is subject to increase without any prior notice if this rate substantially changes prior to departure, then the User would be required to pay such incremental tour cost before the departure.

The days and nights of the itinerary are decided as per the availability of hotels and airlines. No claims regarding full utilization of the last day or inclusion in the tour shall be valid.

XW takes all reasonable steps at the time of finalizing the itinerary for the User to ensure that the itinerary is as per the convenience and comfort of the User. However, in the event of a change in the itinerary, XW would inform the User accordingly before the departure of the User on the Outbound Tour.

Further, in the event of any change beyond the control of XW in the itinerary of the User post departure for an outbound tour, XW shall inform the User accordingly as and when such a change occurs. XW shall not be held responsible in any manner whatsoever for any loss that a User might suffer consequent to such a change.

XW reserves the right to claim any additional expenses on account of delays or changes in the itinerary, caused by any reason whatsoever.

XW reserves the right to amend, alter, vary, or withdraw any particular departure, excursion or substitute a hotel of a similar category, or any other aspect of the itinerary if deemed advisable or necessary.

In the event that the User misses out on any activity on the outbound tour due to delay on his part, XW would not be held liable to refund the money paid for the same.

XW will not entertain any change in the itinerary at the request of the User after booking, as such change might disarray the entire tour. However, XW may, in its sole discretion and subject to availability, provide changes in the itinerary made at the request of the User. The user agrees to pay additional costs incurred due to such change/cancellation.

Coach and Sitting

On the Outbound Tours, coaches are used for transfer purposes including local sightseeing. There are no seat numbers allocated and the Users shall follow the instructions of the Tour Manager in this regard.

In case the User is carrying any valuable personal belongings, it is advisable not to leave them behind at the time of disembarking or leaving the coach. XW will not be held responsible or liable in case of loss of such items from the coach. All baggage and personal effects are at all times and in all circumstances the responsibility of the User.

Any damage caused to the coach during travel as a consequence of the actions of the User shall be payable by the User and XW would in no manner whatsoever be liable for the same.

The drivers of the coaches are bound by specific rules like maximum driving hours within a day/ during a week, rest period per day/ week, etc. Users will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel. In the event that any of the sightseeing schedules is missed due to delays caused by the User, the cost of same will not be refunded to the User under any circumstances.

In the event of a breakdown of any coach or any vehicle arranged for transportation, XW will provide an alternative within a reasonable time. XW shall not be liable for any delays occurred due to such breakdown or traffic jam or for any reasons causing a delay in the provision of an alternative coach or vehicle.

Tipping

Tipping is customary (unless otherwise stated in the brochure) in all parts of the world for services rendered (e.g. porters, coach drivers, guides, etc.). This is however solely at the discretion of the User.

Tipping in Europe is something that is expected of anyone providing you a service, for example, local guides, waiters, tour managers, porters,s, etc. However, it is mandatory to tip the coach driver a nominal amount of 2 Euros for Europe and the UK and 2 Dollars for the USA per person per day for the duration of the tour.

Currency and Traveler's Cheque

It is recommended that the User carries money partly in local currency (i.e. in the currency of the country where he/she is traveling), partly in traveler’s cheques or travel currency card. Traveler’s cheque is a safe way to carry money as they are easily cashable for a small service fee charged by the bank and can be replaced if they are stolen or lost, provided you have the traveler’s cheque numbers and the counterfoil.

Alternatively, the User can carry a travel currency card, which is by far the safest way to carry foreign currency and provides 24*7 access to cash at relevant ATMs.

Accommodation for Child Below 12 Year of Age

If a child below 12 years of age is booked on the outbound tour without paying for a separate bed, then no separate bed will be provided in the hotel.

Bookings Through Third Party/ Travel Agents

In case where a travel agent through whom the Users have booked the Outbound Tour, signs the booking form for and on behalf of the User, it shall be deemed and construed that the Users have duly authorized the said travel agent to sign on their behalf. The signing of the booking form by the travel agent would be binding on the User.

If the User books with a travel agent, the contract is with the User’s travel agent and XW is a supplier to the User’s travel agent.

Correct information of the contact details of the User shall be provided at the time of booking. XW takes no responsibility for any claims arising out of non-receipt of information if the specified contact number is not reachable or does not belong to the User.

XW takes no liability for any promises made to the User by any other travel agent authorized by the User to make bookings. All products and services are provided as per XW Broachers or any other document provided to the User at the time of booking the tour.

In case of bookings through other travel agents, refunds (if any) will be made to the travel agent authorized by the User to make bookings.

Forfeiture of Deposits

XW may require the User to pay non-refundable interest-free booking fee at the time of booking the tour.

In the event that the User cancels the booking or fails to adhere to the tour payment schedule as informed in the documentation checklist or in the event that the visa of the destination country is not granted or the User is unable to travel on the tour booked due to any personal reason, including medical ground or sickness, cancellation charges will apply as communicated to the User by XW.

The user acknowledges that booking of air tickets, and hotels for a tour is done parallel to visa processing to ensure the availability as per the proposed itinerary. In the event of any denial or rejection of visa, XW shall be entitled to recover any cost incurred in making such bookings by way of deducting cancellation charges as specified hereinabove. User acknowledges that such charges are just and fair and are deducted towards expenses that XW incurs towards making bookings at the request of the User and consequent cancellation or non-travel by the User.

Cancellation Due to Visa Rejection

All the Users traveling on an outbound tour must be in possession of a valid visa (including a transit Visa) to enter all the countries in which the Users intend to visit or pass through as a part of the outbound tour.

User(s) whose visas are not granted by the concerned consulates, must intimate XW immediately about such rejection. XW will deduct applicable cancellation charges in addition to any additional visa expenses incurred and refund the balance amount if any.

Cancellation Charges

If the Outbound Tour is canceled for any reason whatsoever, 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
Between 44 and 31 days of departure	25% of Tour Cost
Between 30 and 15 days of departure	50% of Tour Cost
Between 14 and 8 days of departure	75% of Tour Cost
Within 7days prior to date of departure, or no-show for any reason what-so-ever	100% of Tour Cost

Within 7 days prior to the date of departure or no-show for any reason what-so-ever 100% of Tour Cost.

Payment of The Tour Cost

Payment shall be made as per the payment schedule provided on the brochure, Email, or any other documented information as informed at the time of booking.

Payment can be made either online or by way of DD/cheque as specified to the User.

Payment can be made either in INR or any other foreign exchange/currency (as XW depends on various outbound service providers/ Independent contractors for the purpose of planning the OBT) as specified in the brochure or any other documented information provided at the time of booking.

If any cheque towards the payment is dishonored, XW, without notice to the User, shall be entitled to cancel the entire booking without any liability and take recourse to appropriate legal remedy.

Final documents and airline tickets will be shared with the User only after the balance payment is made to XW by the User. A PAN Card copy will be required when payments amounting to Rs.25,000/- or above are made in cash.

For the purpose of computing the cost of the tour or refund, the foreign exchange components of the outbound tour will be calculated at the prevailing day’s rate of exchange. And any increase or decrease in the rate of exchange may cause the cost of tour/ refund amount to change and the User shall be bound to bear any such changes.

XW is not obligated in any circumstance to provide a break–up of the invoice for each of the services included in the package.

Refunds

XW is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled to a refund is subject to XW receiving the amount from the said service provider. User acknowledges that XW shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of XW. In such events, the User shall directly approach the service provider for any claims.

In case the User makes any changes in their accommodation while on the Outbound Tour, XW shall not refund or pay compensation in any manner whatsoever. The User would also be liable to pay any additional sum that is required to be paid consequent to the aforesaid changes made in the accommodation.

In the event of any delay in the refund beyond the period specified herein, the entire liability of XW shall be refunded of the said amount with interest calculated at the applicable bank rate till the date the refund is made.

Amendments

In the event of XW amends or alters any tour or holiday after such a tour or holiday has been booked, the User shall have the option to continue with the tour or holiday as amended/ altered or to accept any alternative tour or holiday which XW may offer.

In either of these cases above, the User shall not be entitled to nor XW be liable to the User for any damage, additional expenses, or consequential loss suffered by the User. XW’s liability in such cases shall be only to refund the amount of the cost of the said tour to the User (after deducting the actual expenses incurred by XW for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.

Promotion & Discounts

XW may, from time to time, launch some promotions and discount offers on the tour package internally or externally through advertisements and some Users in the group tour might receive additional benefits due to entitlement to such promotion and discounts. No claims from Users in the group for such privileges shall lie if they are not entitled to the discounts or eligible under the promotion.

In case of publication of any travel scheme offering any discount or benefit by XW, XW shall have the sole right to withdraw such a scheme or discount at any time.

Tour Arrangements & Other Activities

For tour arrangements like carnival, cosmos, star cruise, amusement parks, museums etc., the terms and conditions specified by such respective entities shall also be applicable.

It shall be the responsibility of the User to reach the place of commencement of the tour and register with the representative of XW/ tour guide/ tour manager at the appointed place, date and time.

If a User avails pre-tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the group for the main tour at the appointed place, or cancels the tour after using the air tickets or pre-tour arrangements or part thereof, it shall be treated as “no show” and there will be no refund whatsoever for the unutilized pre-tour or main tour services.

XW cannot be held liable for any hazard to the health, safety and well-being of the User in the course of availing any or all activities including adventure sports, Amusement park & rides, ferry ride, sightseeing or any other activity that may pose a threat of death or injury taken up by the User as a part of the OBT or on his own while on the OBT. Any incidental damage or loss, injury, accident, death etc. suffered in the due course of any such activity shall be at the sole risk and liability of the User attributable to XW.

Miscellaneous

XW reserves the right to withdraw tour membership of any User whose behavior is deemed likely to affect the smooth operation of the outbound tour or adversely affect the enjoyment or safety of other passengers. XW shall not be liable for any damages due to such withdrawal.

It is a mandatory condition of booking that the User purchases a holiday insurance.

A transfer from one tour to another prior to the departure of the originally booked tour will be treated as a cancellation of the original tour and would attract the cancellation charges as stated hereunder and a fresh booking would have to be made at the prevalent rates.