Terms & Conditions

TBO Tek Limited (TBO/we/us/our), is engaged in providing B2A (business to agency) travel distribution services via its travel portal and/or booking platform ("Platform") to its customers/agents globally, that allows agents to conduct bookings for travel and travel related products and services worldwide (where the product availability can vary from market to market) ("Services").

This web site (the "Site") is published and maintained by TBO, a company incorporated and existing in accordance with the laws of 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 subsite (whether belonging to an affiliate TBO or otherwise) through this site, then such subsite may have its own terms and conditions of use which is specific to such subsite. Subsites may contain such additional terms and conditions of use as may be set out in such subsite. We recommend that you separately go through such terms and conditions.

Site and Its Contents

As long as you comply with the terms of these terms and conditions, TBO grants you a non-exclusive, non-transferable, limited right to enter, view, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

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 and create an account thereof. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons, and such like (the "Content"), are TBO's intellectual property and are protected by 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 ("Marks") found on this Site whether owned/used by TBO or otherwise. By displaying them on this Site, TBO is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content and Marks may violate copyright laws, trademark laws, and other intellectual property laws, the laws of privacy and publicity, and other civil and criminal statutes.

Others Rights

By way of example and not as a limitation, you agree that when using the Site or any facility available hereto, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
• Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all consents thereof as may be required by law.
• Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of TBO's systems.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters, or download any file posted by TBO and/or TBO user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

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

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

TBO's Rights

If you send any communications or materials to the emails published by TBO on the Site by email or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by TBO, as non-confidential. In any case, internet transmissions are never completely private or secure. You understand that any message or information you share to the 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).

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way TBO uses such material.

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

Agency Terms and Conditions

These Terms and Conditions ("Terms") and any additional terms posted on the Platform govern your use of our Platform and the provision of Services to you for purchase of the products and services as listed on our Platform ("Inventory"). By accessing our Platform, availing our Services, or purchasing any Inventory thereof, you indicate to have read and understood, and agree to be bound by the most recent version of these Terms and all other applicable laws and regulations, without any limitation or qualification. We may, change or modify these Terms or may modify, change, or discontinue any aspect of the Services or the Inventory at any time. You are responsible to read this document from time to time to ensure that your use of the Service and purchase of the Inventory remains in compliance with these Terms.

This document is an electronic record under the provisions pertaining to electronic records in various statues under the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Scope Of Services

You may be provided access to TBO's travel inventory database on a non-exclusive, non-assignable, and limited basis. You acknowledge and agree that the Inventory contains content, product, and/or services owned, operated, and/or provided by third-party supplier from whom TBO acquires the Inventory including flights, hotels, cruises etc. ("Supplier(s)"). The Inventory displayed on the Platform may not be available for purchase in your particular country or locality.

2. Your Representations

You hereby represent, warrant, and undertakes that: (i) you have all the necessary licenses, consents, and permissions for agreeing to these Terms; (ii) you are duly organized and validly existing under the laws of the jurisdiction in which you are established; (iii) neither you nor your stakeholders, directors, affiliates, acting directly or through the you are not a Restricted Person and do not have any connections or dealings with any Restricted Person in any capacity and you or any of your associated entities or persons are neither incorporated in, or resident of a country which is subject to economic or trade sanctions, nor do they deal with any third-party which is subject to such economic or trade sanctions; and (iv) all information that you submit to us is true and accurate and that you will keep your registration and account information updated and not use the Platform or the Services for any purpose that is unlawful.

For the purposes of this section, "Restricted Persons" means an individual or entity listed on, or 50% (fifty percent) or more owned or controlled, directly or indirectly, individually or in the aggregate, by any one or more parties on, any of the following lists: the EU Consolidated List of Designated Parties, maintained by the European Union; the Consolidated List of Asset Freeze Targets, maintained by HM Treasury in the United Kingdom; any other list of designated parties maintained by the EU or its Member States; the United States List of Specially Designated Nationals and Blocked Persons or the United States Foreign Sanctions Evaders List, maintained by the United States Treasury Department's Office of Foreign Assets Control; the United States Entity List or the United States Denied Persons List, maintained by the United States Commerce Department's Bureau of Industry and Security; or any list of parties subject to asset-freezing measures issued by the United Nations as may be amended from time to time.

3. Your Obligations

i. You are responsible for the Onward Sale of any Inventory to the traveller who consumes the Inventory (the "End Customer") and are responsible to check and confirm the legality, purpose, and usage of the booking request made by the End Customer. If a claim is made against TBO following an Onward Sale through Services rendered by TBO, then you shall indemnify TBO against all losses, fees, expenses, and costs arising as a result of such claim. For the purposes of this clause "Onward Sale" means and includes such sales that are made by you either to the End Customer or to any other client or agent.

ii. You further undertake to ensure that you shall: (a) adhere to any policy of the Supplier(s) of the Inventory which shall automatically become applicable on you; or (b) not tamper with or disrupt with the operation of the Platform or act in a fraudulent, deceptive, non-genuine, or illegitimate manner when using the Platform, availing the Services, or dealing with End Customers; or (c) not make or allow bookings other than in response to a specific request by an End Customer; or (d) not directly contact any Supplier(s)s in relation to bookings unless TBO expressly instructs you to do so. Any direct communications from such Supplier(s)s which you receive should be referred immediately to TBO.

iii. You hereby agree and acknowledge that TBO shall not be liable for any failure by your or any third-party service provider's systems that results in the failure of or inability to process a booking; or any actions which result from misuse or inappropriate use of the Platform or the Services.

4. Other Terms

• i. (a) Voiding of any airline (domestic/international) ticket would be as per the airline norms plus INR100 per ticket as a TBO RAF charges i.e. Cancellation/Reissuance charges etc.
  (b) Refund charges would be as per the airline norms plus INR 200 per ticket as a TBO RAF charges.
• ii. Service charges levied are to be collected from the customers on our behalf.
• iii. (a) Any voidation/cancellation of the ticket will be entertained only till 1800 hours IST.
  (b) If the payment is not made on time TBO can anytime cancel all the PNR's/tickets without any prior notice.
• iv. Any kind of misuse of airline/GDS PNR will solely be your responsibility and the amount will be recovered from you as an when TBO receives the debit note by the airline or by the GDS.
• v. There will no adjusting of the refund in the payment schedule. The refund will be given back to you whenever we have received it from the airline.
• vi. TDS will be deducted as per the law. TDS will be deducted on all commissions/incentives. The TDS certificate will be issued in the next financial year.
• vii. Responsibility for Taxes. You acknowledge that, regardless of any action taken by TBO, the ultimate responsibility for tax collected at source ("TCS") under section 206C(1G) or any other taxes as may be legally applicable and filing requirements in connection with the same thereof (hereinafter collectively referred to as "Tax Obligations"), is and shall remain your responsibility.
• viii. Any advance amount paid by the agent will be non-interest bearing and should be utilized within 360 days from the date of payment. If such advance is not utilized within this period of 360 days, the unutilized portion shall be held in trust, for the benefit of the agent, by TBO for a period of 2 years from the date of payment of such advance after which the same shall be deemed as forfeited.
• ix. You shall request TBO for any refunds against the unutilized or 'no show' booking for any reasons within 90 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, or other supplier of the inventory, and also the terms as provided by TBO, as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or no-show air or hotel booking shall be deemed to have been forfeited.
• x. Any other refunds or unadjusted credits received from suppliers (including hotels, airlines etc.) and not claimed or pursued by you within 2 years of receipt of such amounts by TBO, shall be deemed to have been forfeited.
• xi. You will be responsible for maintaining all related documents including confirmation from the travellers that the amount paid by them for travel outside of India is in within the annual limits for resident individuals as prescribed by the Reserve Bank of India from time to time.
• xii. You are granted a limited and non-transferable right to use the Site for conducting online booking of the various travel services as made available by TBO to you.

5. Disclaimer

i. You agree and acknowledge that through this Platform, TBO merely provides intermediary services and therefore, TBO shall not be or deemed to be responsible for any deficiency of services or in the product provided by any person or Supplier(s) (airline, travel/tour operator, hotel, facility, or similar agency) that you engage or hire or appoint pursuant to or resulting from, the materials available on the Platform or any inaccuracies in the photos uploaded by such Supplier(s). However, TBO may aid the facilitation of communications between you and such person or the Supplier(s) with respect to such deficiency on a case-to-case basis.

ii. Your bookings are entirely at your risk as to cost and consequences. TBO does not accept liability for damages, losses, or delays that may result therefrom including but not limited to improper documents for travel to such destinations.

iii. TBO expressly disclaims any representations, warranties, or conditions in connection with these Terms, whether express, implied, statutory, or otherwise, including without limitation, warranties of merchantability, fitness for a particular purpose, of title and non-infringement, of usage of trade, of course of dealings, of accuracy or completeness of results, data or information and all warranties are provided on an "as-is" basis.

iv. TBO is providing a technology solution which by its nature is not error free. TBO does not warrant that use of its Services will be uninterrupted, continuous or error free. If there is any compromise or misuse due to any act or omission which is not directly and solely attributable to TBO, including compromise or misuse of your log-in credentials or your failure to implement sufficient security measures, then TBO cannot be held responsible for such compromise.

v. You acknowledge that the Inventory is provided to TBO by its Supplier(s) and therefore TBO cannot guarantee that the Inventory shall be free from any inaccuracies or errors. In such cases, TBO may modify the affected booking to reflect the correct tariff, giving you notice and may offer you a free cancellation within a given timeline. TBO may also discuss the remedy for any loss thereof that is incurred by you. If neither is accepted by you, then it shall implicate your acceptance of the corrected rate. Notwithstanding the above, TBO or the Supplier(s) reserve the right to cancel the booking and in the event of such cancellation, TBO will refund monies paid by you in relation to such booking(s) (if applicable). You further agree and confirm that subject to the terms between TBO and its Supplier(s), certain Inventory may be changed (enhanced, amended, suspended, or removed), or may no longer be available for distribution through the Platform at any time without notice and without liability to TBO. To clarify, this does not affect bookings already made and not consumed.

vi. You agree that TBO reserves the right to cancel such booking which is in breach of these Terms or any other applicable terms and conditions, or the policies of the Supplier(s).

6. Confidentiality, Intellectual Property Rights, and Data Protection

i. You agree to keep confidential any information that is exchanged between you and TBO or is received by you pursuant to usage of the Platform and the Services which by its very nature can be deemed to be confidential. You shall not at any point of time display, disclose, or otherwise communicate publish or promote / distribute / share TBO's individual pricing of each Inventory item, as available and mentioned on the Platform ("Rates") or Inventory directly or indirectly to any online platform which is directly available to end consumer (traveller) ("B2C Chanel") or otherwise.

ii. TBO 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 TBO's Platform.

iii. Your hereby warrant that you are properly and sufficiently notified under the provisions of the applicable data protection legislation to ensure that no breach of said legislation shall occur by your use of the Platform. You confirm that you shall ensure that you have in place adequate security measures for the security of all data.

7. Payment Terms

i. All payments shall be made solely by the registered Travel Agency, which shall remain exclusively responsible for all financial transactions related to TBO services.

ii. Third-Party Payments: Payments made by any Third Party on behalf of the Travel Agency shall require TBO's prior written consent, which may be granted or denied at its sole discretion. Consent requests must be submitted in writing with all relevant supporting documentation.

iii. "Third Party" means any person or entity other than the Travel Agency, its beneficial owner(s), or authorized employees acting within the scope of their employment. Any other party depositing funds with TBO on the Agency's behalf shall be deemed a Third Party.

iv. Travel Agency may make the payments for its bookings by: (i) making an upfront payment for its booking(s); or (ii) on a credit basis where the credit can be against bank guarantee/ promissory note/letter of credit/cash deposit when specifically agreed by TBO in writing. Travel Agency shall make payments as per the due date mentioned in the invoice. Travel Agency agrees that this obligation shall continue even in case of a Force Majeure Event.

v. Cancellation and Amendment Process: Subject to the policies of the Supplier(s) related to the terms of the booking, confirmed bookings can be cancelled or amended without any charges prior to the cancellation and amendment deadline to avoid penalties. Bookings cancelled or amended after the deadline shall be invoiced to you with the applicable charges.

vi. Credit Card Fraud And Chargeback: You may use your corporate credit card for making bookings or only such card which you have been authorised to use by the End Customer. You shall be responsible for ensuring that a genuine credit card is used for payments. You are responsible for all credit card verifications and any associated chargebacks by the bank. A chargeback will be charged to you on receipt of the same from the bank. If you make any unauthorised use and a third-party claim (including claim for chargeback or claim for fraud) is raised against TBO, then you shall be liable to indemnify TBO for such claims on demand.

vii. Rates And Currency: Subject to the terms of the booking, all rates quoted are, inclusive of all taxes and service charges except, city tax, local govt, tourism department taxes etc. which may be payable by End Customer to Supplier(s) directly. You must pay the invoices in the same currency as they are raised. Settling invoices in a different currency may be allowed at our sole discretion at an exchange rate determined by us.

viii. Booking Procedures for Hotels And Apartments: You must not use the online booking system for any bookings other than free independent travelers (FIT) bookings. If you request for a booking of 6 (six) to 8 (eight) rooms or more, as may be applicable on a case-to-case basis, it shall be a group booking which is not covered under these Terms and shall be governed separately by the terms provided to you by TBO specifically for the particular group booking. If you conduct a group booking, you shall become liable for all additional penalties and costs that may be levied by both the Supplier(s) and TBO.

ix. Corporate Bookings: The Travel Agency confirms that certain bookings made via the TBO platform are for employees of listed corporates strictly for official purposes. The Travel Agency 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 the Agency will maintain records and submit monthly booking details to TBO. Any new corporate additions will be promptly notified to TBO in writing before booking. The Agency accepts full liability for any misrepresentation or non-compliance and indemnifies TBO Tek Limited against all resulting claims or losses.

x. Refunds: Refund requests shall be processed as per the cancellation policy provided by the Supplier(s). You waive any statutory and other legal rights that you may have for claiming refunds for cancellation of bookings if such right to refund is not provided for as a specific refund item. The refund shall be made to the original instrument used at the time of booking. In the event TBO is unable to immediately refund the amount, such amount shall lie as future available credit. Refunds will be done only through the original mode of payment.

8. Suspending Your Access to the Platform

TBO may, with immediate effect and without prior notice, suspend, restrict, or terminate the Travel Agency's account or its access to the Platform: (i) if Travel Agency breaches (or TBO reasonably anticipates that Travel Agency may breach) any of its obligations herein; (ii) if TBO, in its sole discretion, believes it is necessary to prevent: (a) any misuse of the Platform; or (b) use of the Platform in a way which- (I) creates a harm or financial detriment to TBO or its affiliates; or (II) constitutes a threat to TBO's (or any other party's) information security; (iii) If it is determined that the Travel Agency has breached, or attempted to breach, the payment terms set forth in Clause 7, including but not limited to the unauthorized deposit of funds by a Third Party, or if such payments are connected to any suspicious, fraudulent, or unlawful activities. The exercise by TBO of any of it rights hereunder shall not result in a breach of these Terms by TBO, and neither the exercise of such right, nor any consequence thereof, shall give rise to or be the basis for any claim by you or a consumer or any liability for TBO.

9. Force Majeure

In no event shall neither party be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including, accidents, acts of war or terrorism, acts of government, trade embargoes, civil or military disturbances, nuclear or natural catastrophes, pandemics, epidemics, lockouts or lockdowns, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (each a "Force Majeure Event"). In the event a Force Majeure Event persist for a continuous period of more than 30 (thirty) days then both parties have the right to terminate the Services with immediate effect by providing a written notice.

10. Indemnification and Limitation of Liability

You hereby agree to indemnify and keep indemnified TBO, on demand against all actions, claims, costs, liabilities and losses (including legal costs) which may be made against TBO or which TBO 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 TBO's liability under this Agreement exceed INR 1,00,000 (One Lakh Indian Rupees only).

11. Availability

The Inventory displayed on the Site may not be available for purchase in your particular country or locality. The reference to such Inventory on the Site does not imply or warrant that such Inventory will be available at any time in your particular geographical location. You should check with your local TBO authorized representative for the availability of specific Inventory in your area.

12. Terms and Conditions of Use

i. TBO 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.

ii. TBO 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.

iii. TBO reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of TBO's systems, as well as its clients' interests are and remain, well-protected. Towards this end, TBO may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

iv. If TBO, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then TBO may cancel the said orders at any time up to 4 hours before the scheduled time of departure of the relevant flight or 4 hours before the expected date of visit to any property booked through TBO.

13. General Provisions

i. You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.

ii. TBO requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.

iii. By offering for sale travel to particular international destinations, TBO does not represent or warrant that travel to such point is advisable or without risk. TBO does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

iv. TBO reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. TBO shall have no obligation to take the needs of any User into consideration in connection therewith.

v. TBO reserves its right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

vi. No waiver by TBO of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

vii. TBO provides B2A wholesale rates which must be sold as part of the package and must not be standalone.

14. Relationship

You agree and acknowledge that you and TBO are both independent contractors and nothing in these Terms shall make us joint ventures, partners, employees, agents, or representatives of each other. You shall not make any representation that suggests otherwise. You shall not at any time in any manner describe itself as an agent or representative of TBO.

15. 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 New Delhi. 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) days by mutual discussions, the same shall be settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by TBO, whereby the venue of the arbitration shall be New Delhi and the arbitration proceedings shall be conducted in English. Each party shall bear its own costs (including legal costs) for participating in the arbitration proceedings, and the arbitrator's fees and expenses and other incidental expenses shall be paid by the parties as determined by the arbitrator. The venue, seat and place of the arbitration proceedings shall exclusively be at New Delhi.

16. Grievance Redressal

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