Tripjack

Terms and Conditions

This website is published and maintained by Trip Jack Private Limited, a company duly incorporated and existing under the laws of the Republic of India, together with its subsidiaries, affiliates, and associate entities, whether operating within India or in jurisdictions outside India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub-site (whether belonging to an 'associate' of Trip Jack Private Limited or otherwise) through this site, then such sub-site may have its own terms and conditions or acceptance mechanism of use which is specific to such sub-site. Sub-sites may contain such additional terms and conditions of use as may be set out in such sub- site.

These Terms and Conditions of use, along with any additional terms or agreements published on this Site, collectively form the complete understanding between Trip Jack Private Limited and you, the Travel Service Provider, regarding your access to and use of the Site. In the event of any inconsistency, the duly signed Terms and Conditions and Agreement shall take precedence and prevail.

Scope of Services

Trip Jack Private Limited provides the Travel Service Provider access to a technology platform on a non-exclusive, non-transferable and limited basis for the purpose of searching, booking and managing travel inventory made available by independent third-party suppliers including airlines, hotels, aggregators, destination management companies and other Travel Service Providers (“Suppliers”). You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

The Travel Service Provider acknowledges that such inventory is sourced from Suppliers and may vary in availability, pricing, content accuracy and geographical distribution.

Trip Jack does not guarantee availability of any inventory in any particular market, country or jurisdiction.

Representations and Warranties

The Travel Service Provider represents and warrants that:

  1. it is duly incorporated and validly existing under applicable law;
  2. it possesses all required licences, approvals and registrations to sell travel services;
  3. it is not subject to sanctions, trade restrictions or inclusion in any restricted or prohibited party list issued by any governmental or regulatory authority;
  4. it shall not use the Platform for unlawful, fraudulent or misleading transactions;
  5. all information submitted to Trip Jack about yourself and others, shall be true, accurate and continuously updated.
  6. You represent and warrant you have the necessary authority, whether implied or express, from your clients and the traveller to purchase air tickets, train tickets, booking of hotels, and other products and services offered on Trip Jack’s portal. You will inform the customers about the charges, benefits and the Terms and Conditions before making any booking.

Site and Its Contents

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

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional.

Ownership

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

There are a number of proprietary logos, service marks and trademarks found on this site whether owned/used by Trip Jack Private Limited or otherwise. By displaying them on this site, Trip Jack Private Limited is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal status.

Others' rights

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

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  3. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law.
  4. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.
  5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  6. Falsify the origin or source of software or other material contained in a file that is uploaded.
  7. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

User's Material

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

Trip Jack Private Limited assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libellous, obscene or profane material. Trip Jack Private Limited may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Trip Jack Private Limited's policies in any way.

Trip Jack Private Limited will fully cooperate with any law enforcement authorities or court order requesting or directing Trip Jack Private Limited to disclose the identity of anyone posting such materials.

Trip Jack Private Limited’s Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Trip Jack Private Limited, as non-confidential. You hereby give Trip Jack a non-exclusive, royalty free license to use submitted material for operating the platform.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Trip Jack Private Limited anywhere in the world, in any medium, forever.

Travel Service Providers Operational Obligations

The Travel Service Provider shall be solely responsible for onward sale of any booking to the traveller and for compliance with all consumer protection, tax, foreign exchange and travel regulatory requirements.

The Travel Service Provider shall indemnify Trip Jack against all claims, debit memos, penalties, losses or liabilities arising from:

The Travel Service Provider shall not directly contact Suppliers regarding bookings unless instructed by Trip Jack. Bookings exceeding specified room or passenger thresholds shall be treated as group bookings and governed by separate contractual terms.

The Travel Service Provider confirms that certain bookings made via the Trip Jack’s platform are for employees of listed corporates strictly for official purposes. The Travel Service Provider warrants it is authorised by these corporates and has collected and retained all necessary supporting documents. Such bookings are exempt from the Liberalised Remittance Scheme (LRS), and you will maintain records and submit monthly booking details to Trip Jack. Travel Service Provider shall be solely responsible for FEMA / LRS / remittance compliance. Any new corporate additions will be promptly notified to Trip Jack in writing before booking. You accept full liability for any misrepresentation or non-compliance and agrees to indemnify Trip Jack against all resulting claims or losses.

Payment Terms

All payments shall be made exclusively by the registered Travel Agency.

Third-party deposits shall not be permitted without prior written approval of Trip Jack.

Trip Jack may at its discretion extend credit facilities subject to execution of security documentation including bank guarantee, cash deposit or promissory note.

Chargebacks, payment reversals or fraudulent transactions shall be fully recoverable from the Travel Service Provider on demand.

Refund Limitation & Forfeiture

Refund requests must be submitted within 90 (ninety) days from travel date or check-in date.

Any refund or credit received from Suppliers and not claimed by the Travel Service Provider shall, after not less than 60 days’ prior written notice by email to the registered address, be deemed forfeited. Trip Jack shall maintain records of unclaimed refunds and cooperate with regulatory inquiries relating to such amounts.

Trip Jack shall not be obligated to process or release any refund, payment, or booking confirmation while any outstanding liability or dispute remains unresolved.

In all cases, refund of booking amount shall constitute full and final settlement, and no further compensation shall be payable.

Advance

Any advance balance shall be non-interest bearing and must be utilised within 365 days from deposit.

Unutilised balances beyond such period may be placed under administrative hold and may be forfeited after reasonable notice.

Transmitted Material

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

The copyright in the contents of this website belong to Trip Jack Private Limited. Accordingly, Trip Jack Private Limited reserves all rights. Copying of part or all the contents of this website without permission of Trip Jack Private Limited is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Contests and interactions

This site may contain contests that require you to send in material or information about yourself of offer prize. Each contest has its own rules, terms and conditions and you must read and agree to before you participate.

Disclaimer

The website, mobile application, and all content, information, and services made available thereon (collectively, the “Platform”) are provided on an “as is” and “as available” basis, subject strictly to the terms set out herein. To the fullest extent permitted under applicable law, Trip Jack Private Limited (“Trip Jack”) makes no representations, warranties, or guarantees of any kind, whether express, implied, statutory, or otherwise including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, or availability.

Intermediary Role and Third-Party Services- You are fully aware that Trip Jack operates solely as a technology-based intermediary facilitating access to travel-related information and booking capabilities offered by independent third-party suppliers, including airlines, hotels, tour operators, travel agents, and other service providers (“Suppliers”). Trip Jack is not the provider of the underlying travel services, does not control or operate such services, and shall not be deemed to be responsible for the acts, omissions, representations, warranties, defaults, or deficiencies of any Supplier.

Limitation and Exclusion of Liability

To the maximum extent permitted by applicable law, Trip Jack shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential losses or damages whatsoever, including loss of profit, loss of opportunity, loss of data, mental agony, or business interruption, arising out of or in connection with:

Liability for direct losses shall be subject to the aggregate cap set out below. Nothing in this Agreement shall exclude or limit Trip Jack's liability for fraud, wilful default, or death or personal injury caused by its negligence.

Trip Jack shall not be liable for airline schedule changes, cancellations, or bankruptcy.

Trip Jack's total aggregate liability to any party, whether arising in contract, tort, negligence, statutory duty, indemnity, or otherwise, shall not exceed the higher of:

(a) the fees actually paid by the Travel Service Provider to Trip Jack in the three (3) months immediately preceding the claim; or

(b) INR 10,000 (Indian Rupees Ten Thousand only)

The aggregate cap above shall not apply to liability arising from fraud, wilful misconduct, or death or personal injury caused by Trip Jack's negligence.

Platform Suspension Rights, Restriction, Blacklisting, and Termination

Trip Jack may take the following actions in the circumstances set out below:

Suspension or Restriction of Access Trip Jack may suspend or restrict a Travel Service Provider's access to the Platform by providing not less than 48 hours' prior written notice, where:

Immediate Suspension Notwithstanding the above, Trip Jack may suspend or restrict access immediately, without prior notice, where:

Forfeiture of Balances Trip Jack may forfeit outstanding balances only where any of the following conditions are satisfied:

(a) Trip Jack has issued a written notice to the Travel Service Provider specifying the nature of the breach in reasonable detail;

(b) the Travel Service Provider has been afforded a period of 7 (seven) working days from receipt of such notice to remedy the breach; and

(c) the Travel Service Provider has failed to remedy the breach within that cure period to Trip Jack's reasonable satisfaction.

Forfeiture shall not apply where the underlying breach is capable of being compensated by damages, and shall in all cases be proportionate to the loss suffered by Trip Jack.

Blacklisting Trip Jack may blacklist a Travel Service Provider only following the same notice and cure process set out above. Prior to blacklisting taking effect, the Travel Service Provider shall be afforded a reasonable opportunity to make written representations to Trip Jack, which Trip Jack shall consider in good faith before a final decision is made.

General Such suspension, restriction, forfeiture, or termination, carried out in accordance with this clause, shall not constitute a breach by Trip Jack of its obligations under this Agreement.

Platform Data Usage Restrictions

The Travel Service Provider acknowledges that all inventory data, pricing, availability, content, search results, booking functionality, technology interfaces, and related information made available through the Platform (“Platform Data”) are proprietary and confidential to Trip Jack Private Limited and/or its Suppliers.

The Travel Service Provider shall not, directly or indirectly:

Trip Jack reserves the right to monitor usage patterns and may immediately suspend or terminate access, cancel bookings, forfeit balances, and recover all resulting losses in the event of any breach of this clause.

Terms and Conditions of Use

Trip Jack Private Limited may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

Trip Jack Private Limited may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Trip Jack Private Limited reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Trip Jack Private Limited's systems as well as its clients' interests are and remain, well-protected.

Towards this end, Trip Jack Private Limited may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

If Trip Jack Private Limited, in its sole and absolute discretion, determines that any booking does not appear to be authentic, valid, enforceable, or is otherwise suspicious or non-compliant, Trip Jack Private Limited shall be entitled to cancel, modify, suspend, or refuse to honour such booking, including without limitation any associated flight reservation, hotel accommodation, or other travel service. Such action may be taken at any time up to five (5) hours prior to the scheduled departure time of the relevant flight or five (5) hours prior to the expected check-in date or time of visit to any property or service booked through Trip Jack Private Limited.

Site Copyright

The copyright on all original/custom artwork, maps, navigation elements, presentation methods and design elements included in our web sites is held exclusively by Trip Jack. Copyright on all descriptive text is held by Trip jack. Copyright on selected photographic images is also held by Trip jack.

Photographic images are reproduced with the permission of Trip jack and the product and/or service providers represented on the web site, or as shown where necessary to satisfy the copyright obligations associated with their electronic reproduction.

Where joint copyright is held over proprietary text or images, Trip jack reserves the right to pursue all copyright infringements on behalf of the primary copyright holder. Where the copyright for a photographic image is held exclusively by a third party under license, Trip jack reserves the right to vigorously protect the copyright of those images on behalf of the third party.

All HTML files used in Trip jack web sites are declared to be proprietary software product developed for use by Trip jack only, and as such are subject to international intellectual property conventions.

All custom graphics used are declared to be works of art created for use by Trip jack only, and as such are subject to international intellectual property conventions. Image files, HTML documents, and text files are not to be relocated to another server or duplicated for commercial purposes without the express written permission of Trip jack.

Trip jack, trading under its subsidiary business names, is a member of various Indian Regional Tourism Authorities, and as such exercises the right to reproduce images made available by these various organizations to their members for the purpose of generic and/or specific tourism promotion.

Please contact us if you have any further queries about our security, privacy or data handling procedures.

Indemnification and Limitation of Liability

You hereby agree to indemnify and keep indemnified Trip Jack Private Limited, on demand against all actions, claims, costs, liabilities and losses (including legal costs) which may be made against Trip Jack Private Limited or which Trip Jack Private Limited may suffer or incur as a consequence of or which relate to or arise directly or indirectly from any breach by you or any of your employees or affiliates, of these Terms or any negligent or reckless act, omission or default by you or any party engaged or employed by you.

Neither party shall be liable to the other in contract, tort or otherwise, whatever the cause thereof, for any loss of profit, business or goodwill or any indirect, special, consequential, incidental or punitive cost, damages or expense of any kind howsoever arising under or in connection with these Terms. Further, in no event shall Trip Jack's liability under this Agreement exceed INR 10,000 (Ten Thousand Indian Rupees only)

Relationship

Nothing contained herein shall create partnership, agency, employment, or joint venture relationship.

Travel Service Provider shall not represent itself as representative of Trip Jack.

Confidentiality, Intellectual Property Rights, and Data Protection

For the purposes of this clause, "Confidential Information" means any non-public information of a confidential or proprietary nature disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with the Platform or the Services, whether disclosed orally, in writing, electronically, or by any other means, and whether or not expressly marked as confidential, including but not limited to: technical data, trade secrets, business strategies, financial information, pricing structures, inventory data, Platform architecture, booking systems, software, customer data, traveller information, contractual terms, and any information that a reasonable person in the circumstances would understand to be confidential given its nature or the circumstances of its disclosure.

For the avoidance of doubt, the individual pricing of each inventory item as made available on the Platform ("Rates") shall constitute Confidential Information of Trip Jack Private Limited and shall be subject to the obligations set out in this clause.

Confidential Information shall not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party prior to disclosure, as evidenced by written records predating disclosure; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information; or (d) is received from a third party who is lawfully entitled to disclose it without restriction.

Mutual Confidentiality Obligations

Each party undertakes to the other that it shall:

  1. hold the other party's Confidential Information in strict confidence and treat it with no less care than it applies to its own confidential information of equivalent sensitivity, and in any event with not less than a reasonable standard of care;
  2. not disclose, publish, distribute, display, communicate, or otherwise make available the other party's Confidential Information to any third party without the prior written consent of the Disclosing Party;
  3. use the other party's Confidential Information solely for the purposes of performing its obligations or exercising its rights under these Terms, and for no other purpose whatsoever; and
  4. not at any point display, disclose, or share Trip Jack Private Limited's individual Rates, pricing structures, or inventory data on any public platform, direct-to-consumer channel, marketplace, or to any sub-agent, affiliate, or third party except to the limited extent necessary to complete a genuine booking transaction on behalf of a specific traveller.

Permitted Disclosures

A Receiving Party may disclose Confidential Information of the Disclosing Party in the following limited circumstances:

  1. to its own directors, officers, employees, professional advisers (including lawyers, accountants, and auditors), and authorised sub-contractors, strictly on a need-to-know basis and provided that each such person is subject to confidentiality obligations no less stringent than those set out in this clause; or
  2. to the extent required by applicable law, a court of competent jurisdiction, a regulatory authority, a stock exchange, or any governmental or statutory body with authority to compel disclosure, provided that the Receiving Party shall, to the extent permitted by law: (a) give the Disclosing Party prompt written notice of such requirement as soon as reasonably practicable before making the disclosure; (b) cooperate with the Disclosing Party in seeking a protective order or other appropriate relief; and (c) disclose only that portion of the Confidential Information that it is legally compelled to disclose.

Survival and Duration

The obligations of confidentiality set out in this clause shall come into effect on the date these Terms are accepted and shall survive the expiry or termination of these Terms for a period of 3 (three) years from the date of such expiry or termination, regardless of the reason for termination.

Remedies

Each party acknowledges that a breach of this clause may cause irreparable harm to the Disclosing Party for which monetary damages may not be an adequate remedy, and that the Disclosing Party shall accordingly be entitled to seek injunctive relief or other equitable remedies from a court of competent jurisdiction without being required to establish actual damages or post a bond, in addition to any other remedies available at law or in equity.

Trip Jack Private Limited retains all rights, title, and interest in its intellectual property rights, including the Platform and the Services together with all the intellectual property related thereto, including copyrights, trademarks, and domain names. You acknowledge that your use of the Platform shall not lead to an exchange of any intellectual property rights. All third-party trademarks and brand names that appear on the Platform are the property of their respective owners. You agree that you do not have the right to sub-license the use of Trip Jack Private Limited’s platform.

Each party shall comply with its respective obligations under the Digital Personal Data Protection Act, 2023 ("DPDPA"), the Information Technology Act, 2000 ("IT Act"), and all rules and regulations made thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("SPDI Rules"), in connection with any personal data processed in relation to the Platform and the Services.

The Travel Service Provider specifically undertakes and warrants that it shall:

  1. obtain valid, informed, and specific consent from all travellers and customers prior to collecting, processing, or sharing their personal data with Trip Jack, and shall maintain records of such consent in a manner sufficient to discharge the burden of proof under the DPDPA, 2023;
  2. ensure that all personal data submitted to Trip Jack through the Platform is accurate, complete, and limited to what is strictly necessary for the purpose of the booking or service being requested;
  3. implement and maintain reasonable security practices and procedures as prescribed under the IT Act, 2000 and the SPDI Rules, 2011, including technical and organisational measures appropriate to the nature and sensitivity of the personal data being processed; and
  4. notify Trip Jack in writing without undue delay, and in any event within 72 (seventy-two) hours, upon becoming aware of any actual or suspected personal data breach involving personal data submitted through or processed in connection with the Platform, and shall provide full cooperation to Trip Jack in investigating, containing, and remediating such breach.

Trip Jack's obligations as a Data Fiduciary in respect of personal data collected and processed by it are set out in its Privacy Policy, which is available on the Platform and is incorporated into these Terms by reference. The Travel Service Provider acknowledges that it has read and understood Trip Jack's Privacy Policy and shall bring it to the attention of travellers and customers on whose behalf bookings are made.

For the avoidance of doubt, where the Travel Service Provider shares personal data of third-party travellers or customers with Trip Jack, the Travel Service Provider shall be the primary Data Fiduciary in respect of such data and shall be solely responsible for ensuring that its collection and onward transfer of such data to Trip Jack is lawful and compliant with the DPDPA, 2023 and applicable law.

The Travel Service Provider shall not display, publish, distribute or sell wholesale rates or inventory obtained through the Platform on any direct-to-consumer website, marketplace or public distribution channel.

Governing Law, Jurisdiction, Dispute Resolution

These Terms shall be interpreted, construed, and enforced in all respects in accordance with the laws of India and subject to the jurisdiction of the courts in Mumbai. Any and all disputes arising out of or in any manner related to any provision of these Terms shall be settled in the first instance by good faith negotiations, and if the dispute cannot be settled within 7 (seven) working days by mutual discussions, the same shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended from time to time), before a sole arbitrator mutually agreed upon by the parties in writing within 15 (fifteen) days of the dispute being referred to arbitration. In the event the parties fail to agree upon a sole arbitrator within such 15-day period, the arbitrator shall be appointed by the Mumbai Centre for International Arbitration (MCIA) in accordance with its rules, or by such other arbitral institution as the parties may mutually agree upon in writing. The arbitration proceedings shall be conducted in the English language. The seat, venue, and place of the arbitration proceedings shall exclusively be Mumbai, India. Each party shall bear its own costs (including legal costs) for participating in the arbitration proceedings, and the arbitrator's fees, expenses, and other incidental costs shall be borne by the parties as determined by the arbitrator in the award.

Force Majeure Termination

Force Majeure means acts of God, natural disasters, epidemic, pandemic, war, civil unrest, government orders, sanctions, internet/telecom infrastructure failure, or airport/airline closure by governmental order. Economic hardship or price changes are expressly excluded. Affected party must: give written notice within 48 hours; use reasonable endeavours to mitigate; and upon resolution, resume obligations. After 30 days, either party may terminate by 7 days’ written notice without liability.

Grievance Redressal

In case of any queries with respect to these Terms or otherwise related to the Services, you can write to us at privacy@tripjack.com or reach out to your authorized representative.