OCEAN TOUCH PRIVATE LIMITED

 

Terms and conditions of Ocean Touch Private Limited

 

You agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

 

Ocean touch Pvt. Ltd. reserves the right to alter, change, modify, add or remove portions in whole or in part of these Terms at any time. Such changes shall be effective when posted on the Site. Notwithstanding anything to the contrary, it is Your responsibility for regularly reviewing the Terms, including amendments thereto as may be posted on the Site and shall be deemed to have accepted the amended Terms by continuing the use of Site.

 

Eligibility & Use of the Website

 

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Website in accordance with all Terms of Use herein. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use.

You agree to be financially responsible for all of your use of the Website as well as for use of your account by others. You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete and accurate. Furthermore, you also confirm that the traveler is not an unaccompanied minor.

 

User Representations

 

By using the site, you represent and warrant that: 

 

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with the Terms of Use.
  • You are not under the age of 18.
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site.
  • You will not access the site through automated or non-human means, whether through a bot, script, or otherwise;
  • You will not use the site for any illegal or unauthorised purpose;
  • Your use of the site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

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

 

Payment for Your Holiday Bookings

 

  • 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 30 days before your check in date 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 below under the head “If you change your booking” will become payable. Cancellation fees, processing and booking amendment fees, as well as insurance premiums, are due immediately after invoicing by Ocean Touch Pvt. Ltd. The travel documents will be sent to the customer within 14 days after receipt of his final payment at Ocean Touch Pvt. Ltd.
  • 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.

 

 

Online Payment Criteria

 

  • Any payment for the booking or full payment made through online payment gateway shall be chargeable and the charges are applicable on that transaction and it will solely bear by the customer.
  • If customer does any booking through online payment, the payment gateway charges are payable to the payment gateway will be applicable on that transaction.

 

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 minimize 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.

 

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 Ocean Touch Pvt. Ltd.
  • 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 before 7 days from the date of travel. 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 travelers. 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 realized within 7 working days, but can take up to 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 Cashfree refunds, after 60 days of transaction, will be done ONLY to the Cash free linked Account (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).
  • Note: The escalation team of Ocean Touch Pvt. Ltd forward the request for refund the amount, once they find the reason for refund favorable or genuine.

 

 

Tour Itinerary

  • Ocean Touch Pvt. Ltd. tries its level best to operate the tour as per the original tour itinerary. The itinerary given at the time of booking or mentioned on the website/ brochure/ leaflet is based on the information available at that time and is subject to change depending on various factors such as state or country regulations/ airline/ cruise/ rail/ road transport/ hotel/ sightseeing etc.
  • Ocean Touch Pvt. Ltd. reserves the right to change/ alter/ amend the itinerary before the tour departure or while on tour. The information about the same will be conveyed to the guests via email/ sms/ call or by the Tour Manager while on tour.
  • Changes in the original tour itinerary can be caused by Force Majeure events, fairs, festivals, sports events, weather conditions, traffic problems, cancellation or re-routing or overbooking of flights/ cruises/ railways, overbooking or closure of hotel, closure of entry of a sightseeing attraction etc. This unforeseen situation may attract additional charges which have to be borne by the guest.

 

 

Behaviour

 

  • When you book a Holiday with Ocean Touch Pvt. Ltd 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 party’s 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, Ocean Touch Pvt. Ltd and the supplier of the service(s) in question and complete a report form whilst in resort or hotel. Most problems or complaints can be resolved while you are away, however if you remain dissatisfied, please call us or write to _____________________________ 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.

 

Data protection/privacy

 

In order to process your booking and meet your requirements, we must pass your personal details on to the relevant suppliers of your travel arrangements. We would also like to hold your information (including any email address), where collected by us, for our own and for Ocean Touch future marketing purposes (for example, to inform you of promotional/competition offers or to send you our brochure). If you do not wish to receive such approaches in future, please change your communication preferences in the website. For full details of our data protection and privacy policy, and an explanation of how your personal details will be used by us, please refer to our privacy policy.

 

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 sales@theoceantouch.com

 

Mandatory Health Requirement:

 

  • Guests must abide by the mandatory requirements for travel to the destination, such as Vaccination, RT-PCR tests, RAT, web check-in, self-declaration, e-pass formalities, health checks on arrival/ on tour etc. as per the state or country. These requirements or regulations are subject to change periodically. Any cost incurred for such requirements should be borne by the guests. It will be the sole responsibility of the guest to carry the certificate or test report with them and present it whenever asked for by the officials. Any State or Country or service provider such as Airline, Cruise Company, Railway may decline the entry to a guest/s on medical grounds in such situation the consequences including all kinds of expenses will be borne by the guest.

 

Travel During Pregnancy:

 

  • Ocean touch Pvt. Ltd. does not recommend travel during pregnancy. The Company does not provide any specialized facilities and/or treatments required for childbirth, prenatal, or early infant care on tour. Guest should consider the risks of traveling where necessary medical care for pregnancy may not be available and may not be reachable in a timely manner to address potential medical complications, problems, and emergencies that can occur during pregnancy.

 

 

 

Limitation of Liability

 

  • To the maximum extent permitted by law, in no event shall the Ocean Touch Pvt. Ltd 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:
  1. 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;
  2. any person’s inability to use, unauthorized use of, delay, performance or non-performance of the site;
  3. unauthorized access to or tampering with your personal information or transmissions;
  4. 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;
  5. 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;
  6. any transactions entered into through the Site;
  7. 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
  8. 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
  9. 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). 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.

 

  • Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the total amount of transaction in question.

 

FORCE MAJEURE

 

  • A force majeure event is any event beyond the Ocean Touch Pvt. Ltd’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. The user agrees that Ocean Touch Pvt. Ltd will 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.

 

Ownership of Content & Prohibited Activities

 

  • Any and all the trademarks, copyrights, service marks, logos, brands and service marks and other intellectual and proprietary rights associated with the services and displayed on/accessed on the website and the content and information on this Website (including, but not limited to, audio, video, graphics, software, price, availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us and owned or controlled by us or licensed to us. Use of the Website is, and at all times, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. 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.
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
  • 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, Ocean Touch Pvt. Ltd 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 courts in Singapore and the courts in Singapore shall have exclusive jurisdiction without regard to conflicts of law principles. All guest claims must be submitted in writing and received by Ocean Touch Pvt. Ltd no later than thirty (30) days after the completion of the Ocean Touch Pvt. Ltd vacation. Guest claims not submitted and received within this time shall be deemed waived and barred.

 

Disclaimer

 

  • The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any

(1) errors, mistakes, or inaccuracies of content and materials,

(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,

(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

(4) any interruption or cessation of transmission to or from the site,

(5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or

(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

  • As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

 

Consumers are protected by the Consumer Bill of Rights. The bill states that consumers have

1- The Right To Be Informed – regarding services

2- The Right To Choose – options

3- The Right To Safety – safety policies

4- The Right To Be Heard – resolution team

5-The Right To Have Problems Corrected – resolution team

6-The Right To Consumer Education- information

7-The Right To Service– Service criteria