Terms & Conditions - Nixtour

This agreement ("user agreement") incorporates the terms and conditions for Nixtour and its affiliate Companies ("Nixtour") to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of Nixtour by using Nixtour's websites or using any other customer interface channels of Nixtour which includes its sales persons, offices, call centers, advertisements, information campaigns etc. Both User and Nixtour are individually referred as 'party' to the agreement and collectively referred to as 'parties'.

The Users availing services from Nixtour shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Nixtour for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Nixtour with respect to any services to be provided by Nixtour shall be restricted to the scope of this agreement.
Nixtour reserves the right, in its sole discretion, to terminate the access to any or all Nixtour websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

Certain products or services (e.g. hotel reservations, insurance,holidays and others) may be provided by third party suppliers. In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Nixtour like the Air tickets,Holidays,Insurance, holiday packages etc. Such TOS will be provided/ updated by Nixtour which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

Nixtour's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Nixtour's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Nixtour document, then these terms shall control.

By using the Account Access service in Nixtour's websites, the User authorizes Nixtour and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information while registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Nixtour immediately in writing of any unauthorized use of their password or account or any other breach of security. Nixtour will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.

Nixtour reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Nixtour further reserves the right to alter any and all fees from time to time, without notice or as a part of promotion.
The User shall be completely liable to pay all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by Nixtour for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Nixtour is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User shall request Nixtour for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 30 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and Nixtour as the case may be. No refund would be payable for any requests made after the expiry of 30 days as above and all unclaimed amounts for such unutilized or 'no show' air or hotel booking shall be deemed to have been forfeited.

Any information which is specifically mentioned by Nixtour as Confidential shall be maintained confidential by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

Nixtour may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS,Whatsapp or by voice call on the contact number given by the User at the time of booking; Nixtour may also contact the User by voice call, SMS,Whatsapp or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS,Whatsapp and/ or voice call by Nixtour is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI,Meta or such other authority in India and abroad. The User will indemnify Nixtour against all types of losses and damages incurred by Nixtour due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Nixtour with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

Nixtour will be held responsible only for the transactions that are done by the User through Nixtour. Nixtour will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

The User has to represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

Nixtour will not be held responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. Nixtour does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any action by relying on such information.
The linked sites are not under the control of Nixtour and Nixtour is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement of the site by Nixtour.

The Customer agrees that the bookings made are subject to the cancellation policy set out on the booking page.

Unless explicitly provided by Nixtour in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and Nixtour doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by Nixtour shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Nixtour shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

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

The User agrees that in situations due to any technical or other failure in Nixtour, services committed earlier may not be provided or may involve substantial modification. In such cases, Nixtour shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Nixtour against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

Nixtour shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of Nixtour arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Nixtour for its services.

In no event shall Nixtour and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Nixtour website(s) or any other channel . Neither shall Nixtour be responsible for the delay or inability to use the Nixtour websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Nixtour website(s), or otherwise arising out of the use of the Nixtour website(s), whether based on contract, tort, negligence, strict liability or otherwise.

Nixtour is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Nixtour will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

The User is aware that Nixtour provides various services like hotel bookings, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes Nixtour to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Nixtour for specific exclusion at support@nixtour.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of Nixtour on its website in accordance of which Nixtour contacts, solicits the user or shares the user's information.

Nixtour may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by Nixtour and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

The travel bookings done by Nixtour are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. Nixtour is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

Unless otherwise specified, the Nixtour services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Nixtour website(s) without the express written approval from Nixtour.

Nixtour reserves the right to change the terms, conditions, and notices under which the Nixtour websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

Nixtour hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Nixtour considers itself and intends to be subject to the jurisdiction only of the courts of Kolkata, India.

The User expressly agrees that use of the services is at their sole risk. To the extent Nixtour acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Nixtour be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Nixtour may change the features or functionality of the services at any time, in their sole discretion, without notice. Nixtour expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Nixtour or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Nixtour pages or otherwise use any of the contents, pages, information or any other material provided by Nixtour. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Nixtour in writing.

The airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.
Nixtour merely acts as a facilitator to enable the User to book a flight ticket. The contract of service for utilization of the flight is always between the User and the concerned airline.
Airlines retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to Nixtour. As a facilitator Nixtour has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that a User may incur due to such change or cancellation of a flight.
Different tickets on the same airline may carry different restrictions or include different services and price.
The baggage allowance on given fare is as per the terms decided by the airline, and Nixtour has no role to play in the same. Some of the fares shown in the booking flow are "hand baggage fares" which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check-in baggage to a booking may vary from airline to airline. The User is advised to contact the airlines for detailed costs.

Some airlines enter into "code share" agreements with other Airlines. This means that on certain routes, the airline carrier selling or marketing the flight ticker does not fly its own aircraft to that destination. Instead, it contracts or partners with another airline to fly to that destination. The partner airline is listed as "operated by" in the booking flow.

If your flight is a code share, it will be disclosed to you in the booking process and prior to payment.

Nixtour will disclose any such code-share arrangements to the User, only when the ticketing airline discloses it to Nixtour in the first place.

The total price displayed on the Website on the payment page usually includes base fare, applicable government taxes and convenience fee. Users are required to pay the entire amount prior to the confirmation of their booking(s). In the event the User does not pay the entire amount, Nixtour reserves its right to cancel the booking. User agrees to pay all statutory taxes, surcharges and fees, as applicable on the date of travel.

To avail infant fares, the age of the child must be under 24 months throughout the entire itinerary. This includes both onward and return journeys. If the infant is 24 months or above on the return journey, User will be required to make a separate booking using a child fare. Any infants or children must be accompanied by an adult as per the terms of the airlines.

It shall be the sole responsibility of the User to ensure they are in possession of valid travel documents such as identity proof, passport, visa (including transit visa) etc. to undertake the travel. User agrees that in case of inability to travel for not carrying valid travel documents, Nixtour shall in no way be held liable.

User understands that the information (if any) provided by Nixtour regarding the travel documents is only advisory in nature and can't be considered conclusive. The User shall ensure checking the requirements of travel with the respective airlines of the respective jurisdictions the User may transit through or choose to visit.

User should check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights.
User should carry valid identification proofs, passport, age proofs as may be required to prove the identity, nationality and age of the passengers travelling on a ticket, including infants.

In the event User does not embark on the onward journey, the entire PNR pertaining to that booking shall be automatically cancelled by the airline. In such a scenario Nixtour has no control in the said process nor will be obligated to provide alternate bookings to the User. The cancellation penalty in such an event shall be as per the applicable airline rules.

Any changes that are made to any existing booking shall be subject to certain charges levied by the respective airline, apart from the service fee charged by Nixtour.
The User shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the airline's policy and fare class, charges for changes or modifications to existing bookings may vary.

Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to Nixtour receiving the same from the airlines. However, the convenience fee or Service Charge paid to Nixtour paid at the time of booking is a non-refundable fee.

All cancellations made directly with the airline need to be intimated to Nixtour, in order to initiate the process of refund. The processing time for refunds may vary depending on the mode of payment, bank etc. The refund shall be processed after deducting the Nixtour service fee which is independent of the convenience fee as mentioned above.

The refund will be credited to the same account from which the payment was made. For example, if the User used a credit card, Nixtour will make an appropriate charge reversal to the same credit card; like-wise if the User used a debit card, Nixtour will credit the money to the same debit card.

In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.

Nixtour acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context includes all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.

All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel or Supplier to Nixtour. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. Nixtour will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.

The hotel booking voucher which Nixtour issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can Nixtour be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of Nixtour in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of Nixtour (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.

Hotels reserves the sole right of admission and Nixtour has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. Nixtour will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of Nixtour. No refund would be applicable in case the hotel denies check-in under such circumstances.

The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. Nixtour would not, in any way, intervene in the same. The primary guest must be at least 18 years old to be able to check into the hotel.
The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out request is subject to availability and the hotel may charge an additional fee for providing such services.

The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.
Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. Nixtour will have no control over waiving the same.

Booking of a hotel can either be "Prepaid", or "Pay at hotel" as per the options made available by a hotel on the Website of Nixtour.
In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by Nixtour.

At the hotel's or Nixtour's sole discretion on case to case basis, the User may also be provided with an option to make a part payment to Nixtour at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide Nixtour with correct credit or debit card details. Nixtour may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

For security purposes, the User must provide Nixtour with correct credit or debit card details. Nixtour may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.
Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by Nixtour and solely at the behest of the Hotel.
In "Pay at hotel" model, the concerned hotel will collect the entire payment against the booking at the time of check-in. In case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the hotel. For security purposes, the User must provide Nixtour with correct credit or debit card details. Nixtour may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

"Independent Contractors" means hotelier or hotel owner, owner of any airlines or shipping company or railway ferryboat owner, coach owner, or any other person or organization which has been selected to render services to the User.
"Outbound Tour" means a tour operated by Nixtour outside of India and includes, but is not limited to, brochure tours, special tours, packages, cruise, sightseeing, carnival, cosmos, star cruise etc.
"Tour Cost" means total booking cost of all the services booked by the User for his outbound tour.
"Booking Fees" means a non-refundable fee or token money deposited at the time of booking by the User.
"Brochure" means catalogue, leaflet, e-mail or any other document containing the details about the itinerary and activities on an outbound tour.
"Infant" means a person below the age of 2 years and child means a person above the age of 2 years and below the age of 12 years.

Nixtour does not control or operate any airline, shipping company, coach, hotel, transport vehicles, restaurant, kitchen caravan or any other facility or service mentioned in the Brochure.
Nixtour shall not be responsible for any delay, improper service, standard of service provided by any service provider or any Independent Contractor, or for any injury, death, loss or damage which is caused by the act or default of any hotel, airlines, shipping companies, cruise, coach owners, tour operators who are Nixtour's independent contractors.
Nixtour shall not be responsible for any act or actions of co-travelers, co-passengers which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided on the outbound tour.

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

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

In no event shall the entire liability of Nixtour for any claims directly and indirectly arising out of the tour exceed the total booking amount paid by the User.
There can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Nixtour is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its User or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The User agrees that Nixtour being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds. The maximum liability of Nixtour in such events will be to refund the booking amount subject to receipt from the service providers.

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

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

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

Apart from the instant Terms of Service and the User Agreement, some specific terms and conditions are mentioned against the respective Outbound Tour in the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the Nixtour User Agreement & Terms Of Service and are to be read in consonance with each other.
No claim of the User against any change in the Brochure regarding the Outbound Tour shall be entertained if such changes are due to reasons beyond the control of Nixtour.

The menus are pre-set for meals on the Outbound Tour. The nature of meals is clearly indicated in the Brochure. Nixtour would not entertain a request for a special meal nor guarantees a special diet to the User except to the extent mentioned in the brochure.
Nixtour reserves the right to change the menu if circumstances necessitate such a change. In the event that the User is not able to avail the meals in the menu for any reason, no claim can be made for the unutilized meal against Nixtour.
User acknowledges that hotels worldwide serve breakfast at different ( local) time or time as specified in the confirmed booking voucher. User understands that Hotels do not pack or room deliver breakfast. The meal has to be consumed when served. If the User misses breakfast due to any reason, no claim for the same shall be entertained.
Nixtour may, in its sole discretion, entertain the requests for special meals, room allocations subject to such requests being honored by respective service providers. Nixtour would take all the necessary steps to ensure that these special requests are honored. However, in the event that such special requests are not honored, Nixtour would not be liable for any claim in this regard by the User. Extra cost, if any, for special meals or any such special requests have to be borne by the User.
User shall bear the additional charges of any special meal if purchased by him/ her and shall not be entitled to recover the same from Nixtour.
If the User fails to avail the meal due to the fault of Nixtour, then Nixtour's liability is limited to proportionate amount that the User had paid Nixtour for the meal while booking the outbound tour.

Nixtour takes all reasonable steps at the time of selecting the hotels that form a part of the Outbound Tour. The selection is based on an internal assessment of the respective hotels and such hotels selected are usually the best in the respective categories. Nixtour endeavors to provide details of the hotel to the User in advance vide proposed itinerary. However, Nixtour reserves the right to change hotels before booking, subject to availability or any other reason beyond its control.
Once the User opts for a certain category or star rating of a hotel, later no claim or dispute with regard to the star category or type of the hotel shall be entertained by Nixtour.
Nixtour would not be held liable or to make good any inconvenience or discomfort caused to the User due to but not limited to the insufficient services provided at the hotel. Nixtour acts as a facilitator between the User and the hotel, and would under no circumstances be held responsible for inadequate services provided by the hotel.
The User would be liable to make good any damage(s) caused by any act of him/her or their accompanying guests to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. Nixtour would not, in any way, intervene in the same.
No request for the change of hotel shall be entertained after the booking is confirmed. If User upgrades the hotel or changes the hotel on his own, he/she agrees to bear the charges incurred for change in the hotel and shall not be entitled to claim it from Nixtour.
User shall be responsible for his/ her baggage and valuables. Nixtour shall not be liable for any loss of baggage or theft of User's articles during their stay in the hotels or any time during the tour.

Nixtour will provide a proposed itinerary to the User before the booking. Such proposed itinerary shall be subject to changes. The confirmed booking details and hotel vouchers sent to the User before departure and after payment of entire booking amount shall be final.
The Outbound Tour price is subject to increase without any prior notice if this rate substantially changes prior to departure, then the User would be required to pay such incremental tour cost before the departure.
The days and nights of the itinerary are decided as per the availability of hotels and airlines. No claims regarding full utilization of last day or inclusion in the tour shall be valid.
Nixtour takes all reasonable steps at the time of finalizing the itinerary for the User to ensure that the itinerary is as per the convenience and comfort of the User. However, in the event of a change in the itinerary, Nixtour would inform the User accordingly before the departure of the User on the Outbound Tour.
Further, in the event of any change beyond the control of Nixtour in the itinerary of the User post departure for outbound tour, Nixtour shall inform the User accordingly as and when such a change occurs. Nixtour shall not be held responsible in any manner whatsoever for any loss that a User might suffer consequent to such a change.
Nixtour reserves the right to claim any additional expenses on account of delays or changes in the itinerary, caused by any reason whatsoever.
Nixtour reserves the right to amend, alter, vary or withdraw any particular departure, excursion or substitute a hotel of similar category, or any other aspect of the itinerary, if deemed advisable or necessary.
In the event that the User misses out on any activity on the outbound tour due to delay on his part, Nixtour would not be held liable to refund the money paid for the same.
Nixtour will not entertain any change in the itinerary at the request of the User after booking, as such change might disarray the entire tour. However, Nixtour may, in its sole discretion and subject to availability, provide changes in the itinerary made at the request of the User. User agrees to pay additional cost incurred due to such change/cancellation.

On the Outbound Tours, coaches are used for transfer purposes including local sightseeing. There are no seat numbers allocated and the Users shall follow instructions of the Tour Manager in this regard.
In case the User is carrying any valuable personal belongings, it is advisable not to leave them behind at the time of disembarking or leaving the coach. Nixtour will not be held responsible or liable in case of loss of such items from the coach. All baggage and personal effects are at all times and in all circumstances the responsibility of the User.
Any damage caused to the coach during travel as a consequence of the actions of the User shall be payable by the User and Nixtour would in no manner whatsoever be liable for the same.
The drivers of the coaches are bound by specific rules like maximum driving hours within a day/ during a week, rest period per day/ week etc. Users will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel. In the event that any of the sightseeing schedules is missed due to delays caused by the User, the cost of same will not be refunded to the User under any circumstances.
In the event of breakdown of any coach or any vehicle arranged for transportation, Nixtour will provide an alternative within reasonable time. Nixtour shall not be liable for any delays occurred due to such breakdown or traffic jam or for any reasons causing delay in the provision of alternative coach or vehicle.

Tipping is customary (unless otherwise stated in the brochure) in all parts of the world for services rendered (e.g. porters, coach drivers, guides etc.). This is however solely at the discretion of the User.
Tipping in Europe is something that is expected of anyone providing you a service, for example, local guides, waiters, tour manager, porter etc. However, it is mandatory to tip the coach driver a nominal amount of 2 Euros for Europe and UK and 2 Dollars for USA per person per day for the duration of the tour.

It is recommended that the User carries money partly in local currency (i.e. in the currency of the country where he/she is traveling), partly in traveler's cheques or travel currency card. Traveler's cheque is a safe way to carry money as they are easily cashable for a small service fee charged by the bank and can be replaced if they are stolen or lost, provided you have the traveler's cheque numbers and the counterfoil.
Alternatively, the User can carry a travel currency card, which is by far the safest way to carry foreign currency and provides 24*7 access to cash at relevant ATMs.

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

In case where a travel agent through whom the Users have booked the Outbound Tour, signs the booking form for and on behalf of the User, it shall be deemed and construed that the Users have duly authorized the said travel agent to sign on their behalf. The signing of the booking form by the travel agent would be binding on the User.
If the User books with a travel agent, the contract is with the User's travel agent and Nixtour is a supplier to the User's travel agent.
Correct information of the contact details of the User shall be provided at the time of booking. Nixtour takes no responsibility for any claims arising out of non-receipt of information if the specified contact number is not reachable or does not belong to the User.
Nixtour takes no liability for any promises made to the User by any other travel agent authorized by the User to make bookings. All products and services are provided as per Nixtour Broachers or any other document provided to the User at the time of booking the tour.
In case of bookings through other travel agents, refunds (if any) will be made to the travel agent authorized by the User to make bookings.

Nixtour may require the User to pay non-refundable interest-free booking fee at the time of booking the tour.
In the event that the User cancels the booking or fails to adhere to the tour payment schedule as informed in the documentation check list or in the event that the visa of the destination country is not granted or the User is unable to travel on the tour booked due to any personal reason, including medical ground or sickness, cancellation charges will apply as communicated to the User by Nixtour.
User acknowledges that booking of air tickets, hotels for a tour is done parallel to visa processing to ensure the availability as per the proposed itinerary. In the event of any denial or rejection of visa, Nixtour shall be entitled to recover any cost incurred in making such bookings by way of deducting cancellation charges as specified hereinabove. User acknowledges that such charges are just and fair and are deducted towards expenses that Nixtour incurs towards making bookings at the request of the User and consequent cancellation or non-travel by the User.

All the Users traveling on an outbound tour must be in possession of a valid visa (including transit Visa) to enter all the countries in which the Users intends to visit or pass through as a part of the outbound tour.
User(s) whose visas are not granted by the concerned consulates, must intimate Nixtour immediately about such rejection. Nixtour will deduct applicable cancellation charges in addition to any additional visa expenses incurred and refund balance amount if any.
In case of rejection, if User wishes to reapply/appeal against rejection of the visa, Nixtour shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process alongwith service fee to Nixtour. Unless otherwise applied by the User, Nixtour will not initiate reapplication of any visa application.

If the Outbound Tour is cancelled for any reason what-so-ever, including cases of visa rejection or voluntary cancellation by the User the cancellation charges as mentioned in the brochure or the itinerary will apply. In the absence of any such information, the following cancellation charges will apply:

Time period in which the cancellation is made:

• 45 days or more, prior to departure
• Between 44 and 31 days of departure
• Between 30 and 15 days of departure
• Between 14 and 8 days of departure
• Within 7 days prior to date of departure, or no-show for any reason what-so-ever 100% of Tour Cost

Payment shall be made as per the payment schedule provided on the brochure, Email or any other documented information as informed at the time of booking.
Payment can be made either online or by way of DD/cheque as specified to the User.
Payment can be made either in INR or any other foreign exchange/currency (as Nixtour depends on various out bound service providers/ Independent contractors for the purpose of planning the OBT) as specified in the brochure or any other documented information provided at the time of booking.
If any cheque towards the payment is dishonored, Nixtour, without notice to the User, shall be entitled to cancel the entire booking without any liability and take recourse to appropriate legal remedy.
Final documents and airline tickets will be shared with the User only after the balance payment is made to Nixtour by the User. PAN Card copy will be required when payments amounting to Rs.25,000/- or above are made by cash.
For purpose of computing the cost of tour or refund, the foreign exchange components of the outbound tour will be calculated at the prevailing day's rate of exchange. And any increase or decrease in the rate of exchange may cause the cost of tour/ refund amount to change and the User shall be bound to bear any such changes.
Nixtour is not obligated in any circumstance to provide break–up of the invoice for each of the service included in the package.

Nixtour is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled for a refund is subject to Nixtour receiving the amount from the said service provider. User acknowledges that Nixtour shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of Nixtour. In such events the User shall directly approach the service provider for any claims.
In case the User makes any changes in their accommodation while on the Outbound Tour, Nixtour shall not refund or pay compensation in any manner whatsoever. The User would also be liable to pay any additional sum that is required to be paid consequent to the aforesaid changes made in the accommodation.
In the event of any delay in the refund beyond the period specified herein, the entire liability of Nixtour shall be refund of the said amount with interest calculated at the applicable bank rate till the date the refund is made.

In the event of Nixtour amends or alters any tour or holiday after such a tour or holiday has been booked, the User shall have the option to continue with the tour or holiday as amended/ altered, or to accept any alternative tour or holiday which Nixtour may offer.
In either of these cases above, the User shall not be entitled to nor Nixtour be liable to the User for any damage, additional expenses or consequential loss suffered by the User. Nixtour’s liability in such cases shall be only to refund the amount of the cost of the said tour to the User (after deducting the actual expenses incurred by Nixtour for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.)

Nixtour may, from time to time, launch some promotions and discount offers on the tour package internally or externally through advertisements and some Users in the group tour might receive additional benefits due to entitlement to such promotion and discounts. No claims from Users in the group for such privileges shall lie if they are not entitled for the discounts or eligible under the promotion.
In case of publication of any travel scheme offering any discount or benefit by Nixtour, Nixtour shall have the sole right to withdraw such a scheme or discount at any time.

For tour arrangements like carnival, cosmos, star cruise, amusement parks, museums etc., the terms and conditions specified by such respective entities shall also be applicable.
It shall be the responsibility of the User to reach the place of commencement of the tour and register with the representative of Nixtour/ tour guide/ tour manager at the appointed place, date and time.
If a User avails pre-tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the group for the main tour at the appointed place, or cancels the tour after using the air tickets or pre-tour arrangements or part thereof, it shall be treated as "no show" and there will be no refund whatsoever for the unutilized pre-tour or main tour services.
Nixtour cannot be held liable for any hazard to the health, safety and well-being of the User in the course of availing any or all activities including adventure sports, Amusement park & rides, ferry ride, sightseeing or any other activity that may pose a threat of death or injury taken up by the User as a part of the OBT or on his own while on the OBT. Any incidental damage or loss, injury, accident, death etc. suffered in the due course of any such activity shall be at the sole risk and liability of the User attributable to Nixtour.

Nixtour reserves the right to withdraw tour membership of any User whose behavior is deemed likely to affect the smooth operation of the outbound tour or adversely affect the enjoyment or safety of other passengers. Nixtour shall not be liable for any damages due to such withdrawal.
It is a mandatory condition of booking that the User purchases a holiday insurance.
A transfer from one tour to another prior to the departure of the originally booked tour will be treated as a cancellation of the original tour and would attract the cancellation charges as stated hereunder and a fresh booking would have to be made at the prevalent rates.