TERMS AND CONDITIONS
We at Funky Travels look forward to the opportunity to act as your booking agent for your travel needs. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms “we”, “us” “I” and “our” refers to Funky Travels. The term “you”,”your” refers to the customer visiting our website, booking through us or otherwise using our services.
1. Our Agreement with You
Products and Suppliers
We sell a variety of travel related products from different service providers (“Suppliers”). Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms and conditions and you should make sure you understand them. Certain software and content found on our website is owned or licensed by us or our suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.funkytravels.com
Funky Travels is acting as intermediary or “Booking Agent” for products and services that are not directly supplied by us (For e.g. Airline, ground transportation, hotel accommodation, meals, tours, cruises etc.) All airline tickets are subject to supplemental price, post purchase if there are increases imposed by government or airlines. You may be charged additional sums by Funky Travels to offset increased fees, fuel surcharges, taxes and fluctuations in foreign exchange markets or combination thereof. Acceptance of these terms and conditions hereby consent you to any post purchase price increases and authorize Funky Travels to charge you for such additional amounts.
Payment and Cancellation
In order to book a tour, 100% of the payment is required in advance either by cash or bank transfer. In case of bank transfer, any charges levied by the bank with respect to the transfer will have to be incurred by you. We reserve the right to refuse personal checks as method of payment.
If your tours have been amended or cancelled for any reason by the suppliers in the country of your tour, we as your booking agent will ensure that you are promptly notified of any significant changes once we become aware of such change. We hold no liability for any changes or costs incurred as a result thereof. You will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the suppliers or cancelling your booked arrangements and receiving any applicable refunds. We do not guarantee any refunds. We will not be held responsible for any tour cancellations as a result of acts of God, war or terrorism.
If you have booked a flight through us and we are alerted to a significant change by your airline before you leave your resident country, we will contact you by email to advise you of this. Please ensure that you have given your contact number or email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.
After you have left your resident country on tour, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact the airline at least 48 hours before scheduled departure of each flight to do this. Alternatively, you could also check for flight schedules on the airline website. Please note, for some airlines it is mandatory to confirm with them your intention to fly.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the rights to charge an administration fee should you make a request for such documents to be sent as a hard copy.
2. Your Agreement with Us
Your acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1 – 3 of this Agreement and any additional terms and conditions of any supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to applicable travel related product or service, and (d) our right to charge your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website and those using your name or account.
If you change or cancel your booking
If the tour is cancelled by you, prior to 60 days from departure, then 50% of the booking amount will be refunded. If the tour is cancelled by you, less than 60 days from departure, then there will be no refund. In case of Expeditions or Uncharted destinations, there will be no refund, regardless of time of cancellation, as these tours need to be booked 6 months in advance.
Changes to name details are not allowed by many airlines and other suppliers. Please bear in mind that most airlines and suppliers treat a name change as a cancellation, to which standard conditions and charges would apply. Flights must be taken in the sequence they appear on your ticket or e-ticket confirmation. If you plan not to take a flight as booked, please contact the airline in advance to discuss options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
Important Notice regarding Airline Reservations
If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – DO NOT leave the counter. Check your ticket. If the status box / section shows “OK” for the flight in question, the airline policies typically require them to accommodate you on that flight or if that is not possible, they must either find you a substitute flight or pay you denied boarding compensation. If necessary ask to speak to supervisor.
If you have a complaint on your tour
If you have a problem during the holiday, please inform the relevant supervisor i.e. the hotel manager / supervisor for any hotel related problems or the land tour supervisor for any tour related issues. Should they be unable to resolve your issues, please immediately contact us via email or call and we will look into the matter at the earliest.
If you fail to contact us on time, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in case of loss, theft, damage etc.
Prior to booking international travel, we recommend that you review any government prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk. You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements or not being granted a visa to the country of your travel by the relevant embassies / consulates.
Travel Insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel and visa arrangements. We are unable to provide you with the facilities to arrange travel insurance, but we can recommend you an agency who can do so. We hold no liability on this part or are in no way beneficiaries of the agency we recommend.
Vaccinations and Oral Medications
Vaccinations or oral medications may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged and taken all necessary vaccinations or oral medications for your itinerary. Some countries may require you to carry proof of medication / vaccination, which you must procure from the relevant authorized medical practionners / bodies.
Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations in anticipation of demand. You will only use our website and services in compliance with applicable law. Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any software or program (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website. Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, Trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
You agree to indemnify us and our affiliates, and any of our suppliers and any such parties’ directors, employees and agents from and against any claims, causes of action, demands, losses, damages or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
You consent to us processing and sharing information about you and other members of your party that you have provided to us out of your free will and consent. 3.
3. Additional Terms
Warranties, Disclaimers and Limitation of Liability
For the avoidance of doubt, references herein to “Us”, “We” and “Our” shall also refer to our affiliates. The information, software, products and services provided by us or our suppliers or published on our website may include inaccuracies or errors, including (but not limited to) pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We express the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price.
Any ratings for suppliers are intended only as general guidelines and we do not guarantee the accuracy of the ratings. We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information, software, products and services provided by us or contained on our website for any purpose. The inclusion or offering of any products or services by us does not constitute our endorsement or recommendation of such product or service. All such information, software, products and services are provided “As is” without warranty of any kind. We disclaim all warranties that our website, its servers or any email sent from us or our suppliers are free from viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, software, product and services including all implied warranties and conditions of merchantability, fitness for purpose, title and non infringement.
The carriers, hotels, ground transportation and other suppliers providing travel or other services on this website are independent contractors and NOT our agents or employees. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting there from. We have no liability and will make no refund in the event of delay, cancellation, overbooking, strike, force majeure or other causes beyond our control and we have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or our services or with the delay or inability to access, display or use our website whether based on a theory of negligence, contract, tort, strict liability or otherwise and even if we have been advised of the possibility of such damages.
If despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed One Hundred US Dollars (USD 100) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our suppliers as a result of this agreement or your use of our website. We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.funkytravels.com from time to time to review the most current version of this Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications of this Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason and such termination shall not affect any right to relief to which we are entitled at law or in equity. This Agreement shall be governed by the laws of the State of Goa, India. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.