The information data and material ("Information") contained in this web site ("Web Site" or "Site") has been prepared solely for the purpose of providing information about TripFactory Inc.. (hereinafter referred to as "TripFactory" ) and its partners and the services that they offer. We try to ensure that information contained on this Web site is accurate and up to date. However, you should always verify the information before acting on it.
- Use of the website
- Your Holiday Contract
When a booking is made, the 'lead name' on the booking guarantees that he or she has the authority to accept and does accept on behalf of the party the terms of these booking conditions. After we receive your booking and all appropriate payments, if the arrangements you wish to book are available, we will issue a confirmation invoice. A binding agreement will come into existence between us when we dispatch this invoice to the 'lead name' or your Tour Operator / Travel Agent.
It is important to check the details on your invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us or your Tour Operator / Travel Agent immediately as it may not be possible to make changes later.
- Website accuracy
Although TripFactory makes every effort to ensure the accuracy of the website information and pricing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
- Passports, visas, health requirements and travel documents
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. A full and valid passport is required for destinations we feature (including children) and Visas may be required for overseas destinations. Requirements may change and you must check the up to date position in good time before departure. By availing our services, you agree that TripFactory can only help you apply for the visa and is not responsible for any issues that may occur during this application including, but not limited to, delay, clarification or rejection by the embassy.
We consider adequate travel insurance to be essential. Please read and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. TripFactory cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. If you choose to travel without adequate insurance coverage, we will not be liable for any of your losses howsoever arising, which would have been covered had you purchased adequate insurance.
- Paying for Your Holiday
In order to confirm your chosen arrangements, you may either pay a partial amount as chosen by the Tour Operator or pay in full. If you choose to pay a partial sum, the remainder of the amount should be paid within 3 days of paying the partial amount. Paying any of these amount secures the specific types of airline tickets, tours, land transport etc, and this will be confirmed to you at time of booking. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable. Cancellation fees, processing and booking amendment fees, as well as insurance premiums, are due immediately after invoicing by TripFactory. The travel documents will be sent to the customer within 14 days after receipt of his final payment at TripFactory. If the booking is made less than 30 days before arrival, the entire travel price is due immediately upon receipt of the written travel confirmation. We accept payment by credit card, debit card, internet banking and transfers to our bank accounts.
- Convenience Fees
Convenience fees are applicable for all payments made after the date of booking, except for transfers into our Bank Account. We reserve the right to withdraw waivers for Convenience fees on payments made on day of booking.
Credit Card Fraud Contingency:
If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined or if you have supplied incorrect credit card information. We also reserve the right to do random checks in order to minimise credit card fraud. As a result of this, before issuing tickets we may require you to provide us with a fax or postal copy of proof of address, a copy of your credit card and a recent statement.
- Your Holiday Price
TripFactory endeavours to ensure that the most up to date and correct prices are shown on our website. TripFactory reserves the right to raise or lower their prices at any time. Occasionally, an incorrect price may be shown, due to an error. When TripFactory become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. We reserve the right to cancel the booking if you do not wish to accept the price which is actually applicable to the holiday.
- If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the 'lead name' on the booking or your Tour Operator through TripFactory.
You should be aware that these costs could increase the closer to the departure date that changes are made. Only one change of departure date, per booking may be permitted. Any change in departure date will be treated as a cancellation and full cancellation charges will apply.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
- If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification by mail, fax or email from the 'lead name' on the booking or your Tour Operator on your behalf, must be received at our offices.
Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.
Our cancellation charges are a percentage of the total holiday cost. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us.
Please note that any amendment charges are non-refundable.
Please note, if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements. In cases where cancellation charges made by our suppliers are higher than the cost of the deposit, we may pass the charge on to you. Please ask for full details and we will notify you of the specific charges applicable to your booking.
- If We Change or Cancel Your Holiday
Our Tour Operators begin planning the arrangements we offer many days in advance and so we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We must also reserve the right to cancel confirmed bookings at any time.
Most changes are minor but occasionally, we may have to make a Major Change. If we have to make a Major Change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:
- (for Major Changes) accepting the changed arrangements or
- Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
- Mode and Duration of Refund(s)
Refunds once initiated from our systems, are usually realised within 3-4 working days, but can take upto 21 working days to hit your accounts.
Refund will be initiated ONLY to the original mode of payment. In cases where refund is not possible to original mode of payment, refund may be done to buyer's banking account, wherein we will need to do verification (KYC) and proof of ownership of account. The timeline of the verification can vary from 7-15 working days.
All Paypal refunds, after 60 days of transaction, will be done ONLY to the Paypal linked E-mail ID (quickest mode) used to make initial payment. Exceptions will be handled from case to case basis, but we do not entertain cross-currency refunds (Refund currency different from payment currency).
We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. The carrier(s), flight timings and types of aircraft shown in this website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.
This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
When you book a Holiday with TripFactory you accept responsibility for the proper conduct for yourself and your party whilst on Holiday. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other partyÃ¢ÂÂs full legal costs) as a result of your actions.
- If You Have A Complaint
In the event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, you must immediately inform the representative of the Tour Operator, TripFactory and the supplier of the service(s) in question and complete a report form whilst in resort. Most problems or complaints can be resolved while you are away, however if you remain dissatisfied, please call us or write to care@TripFactory.com within 7 days of your return giving your booking reference and full details of your complaint and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
- Our Liability To You
- In respect of Packages
We promise that your Holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves or our employees to use reasonable skill and care in making, performing or providing your arrangements. However, we shall not be responsible for any errors which occur due to any systematic issues or fluctuation in prices or availability of flights/hotels/car or our service providers. In such cases we would be able to provide you a full refund.
- In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions.
Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/ flight, as well as using our reasonable skill and care in choosing our suppliers.
- In respect of Packages and other arrangements
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
- The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable
- Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
- Local Excursions/Activities/Events
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for through anybody other than TripFactory or its Tour Operators or whilst you are on holiday ("Local Events") are not part of your package holiday provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
- The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
- In respect of Packages
- Data protection/privacy
- Special requests and medical problems
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please call our Customer Care team or email to care@TripFactory.com
- General Limitation of Liability
To the maximum extent permitted by law, in no event shall the TripFactory be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to and caused by: (i) loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, inconvenience , stress, distress, loss of claim, business interruption, data or other intangible losses; (ii) any person's inability to use, unauthorized use of, delay, performance or non-performance of the site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service, including services rendered or products offered by the carriers, hotels and other suppliers providing travel or other services; (v) errors or inaccuracies contained on the Site or any information (including but not limited to the (descriptive) information (including rates, availability and ratings) of the travel services as made available on the Site), software, products, services, and related graphics obtained through the Site; (vi) any transactions entered into through the Site; (vii) any property damage, including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any use, delay or inability to use the Site, or any information, products, or services obtained through the Site; or (ix) any (personal) injury, death, property damage, or other damages attributable to the carriers, hotels and other suppliers providing travel or other services(its employees, directors, officers, agents, representatives or affiliated companies); or (x) any damages caused by a force majeure event (as defined below). The limitations of liability in this Agreement shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise.
A force majeure event is any event beyond the TripFactory's control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. TripFactory have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. TripFactory shall not be responsible for any carriers', hotels' and other suppliers' (providing travel or other services) breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall TripFactory be responsible for any other wrongdoing of any of the supplier (including any liability in tort), as to any products and/or services available through the Site.
- Prohibited Activities
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- use, transmit, copy, reproduce, download, print, modify, display, "frame", "mirror", publish, create derivative works from, transfer or sell the Content or any part of the Site without prior written authorization from us. You may copy, print, and/or download your travel reservations and itineraries from the Site for personal use.
- attempt to gain unauthorized access to this Site, any related website, Content, accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any content or information that you post, transmit or deliver;
- use this Site in any manner which could damage, disable, overburden, impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- do anything else which could cause damage to the Site, TripFactory and its employees, our reputation, or would otherwise have a negative impact; access, use or attempt to use the Site where this is not permitted by local law;
If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages.
- Jurisdiction and Applicable Law
These Terms & Conditions and any agreement to which they apply are governed in all respects by the laws of the state of Delaware without regard to conflicts of law principles. All guest claims must be submitted in writing and received by TripFactory no later than sixty (60) days after the completion of the TripFactory vacation. Guest claims not submitted and received within this time shall be deemed waived and barred.