These Terms and Conditions (the "Terms") govern the legally binding relationship between us when you use our Website and the Services that we provide. By using the Website or Services, you acknowledge that you understand these Terms and agree to be legally bound by them. In these Terms, references to "us," "we," or "our" shall mean Travelling Desi Company registered in India. When we refer to "you," we mean any person that accesses or uses the Services. Bookings made via our Website, or with our employees over the phone, via email, or via any other method of communication, are subject to these Terms. One person making the Booking on behalf of other travellers is taken to have the authority to agree to these Terms on behalf of any other travellers.

1. Definitions

1.1 Any headings are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.

1.2 Unless the context clearly indicates a contrary intention, use of any gender includes the other genders, the singular includes the plural and vice versa, and natural persons include legal entities and vice versa.

1.3 The following terms shall have the meanings assigned to them hereunder, namely:

• Accommodation Provider: means the provider of a hotel, home, accommodation, or other place of lodging;

• Activity Provider: means the provider of any tours, activities, or experiences;

• Additional Services: means a service related to your Booking provided by a Service Provider, including (without limitation) upgrades, incidental charges, additional luggage, priority seating, meals, mini-bar, dry cleaning and laundry, passenger information change, rebooking, or cancellation. The fees associated with the provision of Additional Services are set by the Service Provider and/or other third party and are not included in the Total Price, except where the requested Additional Services are added by you to your Booking with us during the Booking process, which may incur an additional handling fee charged by us that will be displayed to you at the time of your Booking. Where any Additional Services are sought by you following your completed purchase of a Booking, you acknowledge that these arrangements are your sole responsibility and that you will be required to directly contact the Service Provider or any other third party as required to fulfil your request for the Additional Services;

• Booking: means the process of purchasing a selected hotel, flight, or activity (including any multiple of these) and the resulting outcome of this process. A Booking is completed when we confirm that we have received and accepted your payment for the Total Price;

• Carrier: means the airline providing the services of carriage by air. When placing a Booking, the identity of the Carrier (including the identity of the Carriers of any connecting flights) for your Booking will be made known to you. Please be aware that, due to circumstances beyond our control, the operating Carrier of your flight may be different from the one displayed at the time of your Booking. As such, it is important that you verify the identity of your operating Carrier prior to your departure;

• Service Provider: means the Carrier, Accommodation Provider, or Activity Provider responsible for delivering the service(s) purchased as part of a Booking. For the avoidance of doubt, where a Booking involves multiple Service Providers, each Service Provider is to be taken as a separate entity responsible only for the provision of their respective part of the services under the Booking;

• Services: means the Booking services provided by us at the Website in accordance with these Terms that enables you to purchase Travel Products. The Services we provide are further detailed in Section 2 of these Terms;

• Total Price: means the final price displayed immediately prior to the purchase of your Booking, including any Additional Services selected by you (e.g., additional luggage, upgrades, meals, etc.) during the Booking process;

• Travel Document: means any physical or digital document that is intended to confirm a contract that we have arranged on your behalf with a Service Provider. These documents may be, but are not limited to, hotel vouchers, airline itineraries/e-tickets, and activity tickets;

• Travel Product: means the products that we sell on the Website, namely accommodation, flights, activities, and any Additional Services purchased during your Booking;

• Travelling Desi Account: means the registered account used to log in to the Website;

• Travelling Desi Wallet: means the wallet associated with your Account on the Website used to store your deposited funds or funds otherwise acquired by you; and

• Website: means the website located at Travelling Desi and all associated subdomains at this location.

2. Services

2.1 This section sets forth the contractual relationship between you and us on the basis of which we will provide you with the Services related to the Travel Products that we sell to you in exchange for the Total Price. The following are the Services that we provide to you:

• Displaying information and pricing of Travel Products on the Website;

• Provision of Website functions that enable you to make a Booking and purchase Travel Products for the Total Price;

• Facilitation of the agreement between the relevant Service Provider and you; and

• Delivery of your Travel Documents resulting from your Booking.

2.2 You agree to be bound by these Terms when you complete and send us your online order on the Website in relation to your Booking and when we subsequently confirm the acceptance of your payment. Where your Booking is completed via any other method other than through the Website (e.g., where one of our employees places the order on your behalf following email correspondence), these Terms will be entered into on the basis of your explicit and binding offer to purchase a Booking following the provision of all relevant information in relation to your Booking by us to you.

2.3 By purchasing the Booking, you express and warrant that you have the legal capacity to enter into and be bound by these Terms, and that you have read and understood the terms and conditions and any other relevant materials of the relevant Service Provider(s).

2.4 You acknowledge that the information you provide when placing a Booking is accurate and up to date, and you agree that we shall bear no liability for any inaccurate information provided (except where the inaccuracy or error has resulted due to a fault on our part). It is your responsibility to ensure that any information provided by you to us during the Booking process, including, without limitation, passenger details, travel dates, departure point and destination, is correct and that any documents you receive from us in relation to your Booking are in order.

2.5 If you wish to derive the benefits associated with a particular frequent flyer program when purchasing a Booking for a flight with a Carrier, you acknowledge that it is your responsibility to provide us with your frequent flyer number, either during the Booking process in the relevant section of the Booking form on the Website or via correspondence with us at any time before your departure. Please note that we will not be liable for any foregone frequent flyer benefits under any circumstances.

2.6 Please note that these Terms are separate from any terms, conditions, or agreements that you enter into with the Service Provider(s) or any other third party responsible for the fulfilment of your Travel Product. By proceeding with your Booking, you acknowledge that these are separate, mutually independent legal relationships conducted with different parties.

2.7 We reserve the right to change or remove any Travel Products advertised on the Website without notice, including, but not limited to, where the Service Provider’s offer is changed or removed, or where a computer malfunction or human error has occurred. This includes prices quoted to you via email or any other method of correspondence. Our Website will subsequently be updated accordingly to reflect the accurate availability, information, and price of the Travel Product(s). In some cases, the price of a Travel Product may change between the time that you select the Travel Product and the time when you attempt to complete the purchase of your Booking. If a change of this nature occurs, we will take reasonable measures to ensure that you are aware of this change before you purchase the Booking. Please note that we are under no obligation to provide you with a reimbursement or refund of any kind if the price of a Travel Product becomes lower following the successful completion of your Booking.

3. Travelling Desi Account

3.1 In order to use some aspects of the Services, including to successfully purchase a Booking, you will be required to create a Travelling Desi Account. As part of the registration process, you will need to provide certain information that enables us to create your Travelling Desi Account. You acknowledge that it is your responsibility to ensure the confidentiality of your Travelling Desi Account login credentials, including your password, and that you will be solely responsible for any actions conducted on your Travelling Desi Account (including any Bookings). You agree to notify us immediately of any unauthorized use of your Travelling Desi Account.

3.2 We may terminate or suspend access to your Travelling Desi Account or your ability to use the Services, in whole or in part, for any reason at our sole discretion and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your Travelling Desi Account temporarily or permanently.

3.3 You may opt to terminate your Travelling Desi Account at any time. By terminating your Travelling Desi Account, you agree to discontinue your use of any and all parts of the Services.

4. Travel Requirements

4.1 Our staff may be able to assist you with information pertaining to passports, visas, and other travel documents you may require for your trip. Please be aware that, while we can assist in providing this information to you, the information that we provide is general in nature and it is ultimately your responsibility to ensure that you have the relevant documents required for your trip. Any penalties, fines or additional expenses incurred as a result of the failure to obtain these documents will be incurred solely by you (subject to our liability).

4.2 Any customer not holding a valid passport or visa is responsible for making sure that they obtain a valid passport and/or visa before travelling. Your passport must be valid for a minimum of 6 months beyond the date of your return to India. It is your responsibility to verify whether you require a visa for your trip, as visa requirements may vary depending on your nationality, destination, and any layover points on your journey.

4.3 For any travel to countries requiring COVID-19 vaccination and testing documents, it is your responsibility to familiarize yourself with the applicable requirements and have the necessary documents available to you before departure.

4.4 Any customer who does not comply with travel regulations and fails to present valid documentation may be denied boarding or entry to their destination. This may occur with no right to claim a refund of any kind.

5. Payments and Cancellations

5.1 The Total Price is required to be paid in full at the time of your Booking. Payments must be made by a credit or debit card through the payment processor or another method provided during the Booking process on the Website. Payments are subject to any applicable fees and will be processed via our payment processor. Your payment details are encrypted and processed securely. We do not store any of your credit or debit card information.

5.2 Please be aware that some Service Providers may have different payment terms and cancellation policies, which may apply to your Booking. You agree to review and accept these terms prior to making a Booking.

5.3 Cancellation requests must be made in writing and will be subject to the cancellation policy of the relevant Service Provider. All cancellation requests will be acknowledged and confirmed via email. It is your responsibility to familiarize yourself with the applicable cancellation policy of each Service Provider prior to making a Booking.

5.4 We are not responsible for any cancellation fees or charges resulting from the cancellation of your Booking. All cancellation charges will be your responsibility, regardless of whether your Booking has been successfully cancelled or not.

5.5 In the case of no-show, cancellations, or alterations of your Booking initiated by you, you will be liable for any costs incurred as a result of such changes.

5.6 Changes to your Booking must be made in writing and will be subject to the terms of the relevant Service Provider. We will inform you of any fees associated with the requested changes prior to processing your request.

6. Liability and Disclaimer

6.1 We will make reasonable efforts to ensure that the information we provide on the Website is accurate and up to date. However, we do not warrant the accuracy of the information provided, and we accept no liability for any errors or omissions on the Website. Any reliance you place on the information provided is at your own risk.

6.2 To the fullest extent permitted by law, we shall not be liable for any loss, damage, or expense arising from your use of the Services or any Travel Product, including but not limited to:

• Direct or indirect loss of profits or revenue;

• Loss of business;

• Loss of goodwill;

• Loss of data;

• Special or consequential loss or damage; or

• Personal injury or death.

6.3 Our liability in relation to any Booking or Travel Product purchased by you is limited to the total amount paid by you for the relevant Travel Product.

7. Indemnification

7.1 You agree to indemnify, defend, and hold harmless Travelling Desi and its affiliates, directors, officers, employees, and agents from any claim, demand, liability, loss, or expense, including reasonable attorneys' fees, arising out of or related to your use of the Services, your Booking, or your violation of these Terms.

8. Governing Law and Jurisdiction

8.1 These Terms are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts located in India for any disputes arising out of or relating to these Terms or your use of the Services.

9. Changes to these Terms

9.1 We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Website. Your continued use of the Services after any changes have been made constitutes your acceptance of the revised Terms.

10. Agency

10.1 The Services that we provide to you are in the capacity of an agent with permission to sell products on behalf of various Service Providers. We have an obligation to you to finalize the Booking on your behalf and arrange contracts between you and Service Providers. Any Travel Products that you purchase in connection with your Booking under these Terms are provided to you by third parties, not Travelling Desi.

10.2 Though we endeavor to select reputable third parties to provide your Travel Product(s) to you, the provision of Travel Products is outside of our control and scope of liability. Any arrangement made by us on your behalf is subject to the terms and conditions of the Service Provider in charge of delivering the purchased Travel Product(s) to you. The terms and conditions of your relevant Service Provider can be provided to you on request. If there are issues with the provision of your Travel Product(s), or the Service Provider is unable to provide the contracted services, unless there has been a fault on our part, your legal rights are against the specific Service Provider, not against Travelling Desi.

11. Representation

11.1 We represent and warrant to you that our Services: (a) will be provided with due care and skill; (b) will be reasonably fit for the specified purpose; (c) can be reasonably expected to achieve the desired result; and (d) will be provided within a reasonable time.

11.2 EXCEPT AS DESCRIBED IN THE PRECEDING ITEM ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES THAT WE SELL AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY (EXCEPT IN RELATION TO NON-EXCLUDABLE OBLIGATIONS).

12. Limitation of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT DOES TRAVELLING DESI NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, OR RELATED BODIES CORPORATE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DELAY, INCONVENIENCE OR ADDITIONAL EXPENSE WHICH MAY BE SUFFERED DUE TO (WITHOUT LIMITATION) YOUR USE OF, OR THE INABILITY TO USE, OUR SERVICES, THIRD PARTY PROVIDERS, FORCE MAJEURE, OR EVENTS THAT WE CANNOT CONTROL OR WHICH COULD NOT HAVE BEEN PREVENTED BY REASONABLE DILIGENCE ON OUR PART.

12.2 IF IT IS DETERMINED THAT TRAVELLING DESI IS LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF, OR IS CONNECTED TO, YOUR USE OF OUR SERVICES, OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE REISSUE OF YOUR BOOKING (OR CORRECTING THE DEFECTIVE PART OF YOUR BOOKING), OR THE PROVISION OF CREDIT OR REFUND FOR THE TOTAL PRICE OF YOUR BOOKING AT THE PRO RATA CONTRACT RATE.

12.3 IN THE EVENT THAT THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT POSSIBLE, AS PERMITTED BY APPLICABLE LAW.

13. Miscellaneous

13.1 Changes to the Website. We may make improvements to, and/or change, the Website at any time. Travelling Desi, its suppliers, and any of its related third parties make no representation about the suitability of the information, software, products, and services contained on the Website for any purpose, and the inclusion or offering for sale of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Travelling Desi, suppliers, Service Providers, or any of related third parties. All such information, software, products, and services are provided "as is" and without warranty of any kind.

13.2 Our Connection to You: You agree that, by using our Services, no joint venture, agency, partnership, or employment relationship exists between you and us.

13.3 Supplier Relations. Travelling Desi suppliers and Service Providers are independent contractors and not agents or employees of Travelling Desi. Travelling Desi is not liable for a supplier’s acts, errors, omissions, representations, warranties, breaches, or negligence or for any losses, personal injuries, death, property damage, or other damages or expenses arising out of any act or omission of a supplier.

13.4 Destination Risk. By offering Travel Products in international destinations on the Website, Travelling Desi does not warrant that travel to such destinations is without risk. Accordingly, Travelling Desi will not be liable for any damages or losses that may be incurred by you as a result of you traveling to such destinations. You are strongly advised to check the relevant travel advisories issued by your country for any destination you are visiting and to take the necessary precautions. Travelling Desi cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas, and documentation for your journey. You are advised to check with the relevant embassies, consulates, and/or visa departments from which you originate. It is your responsibility to obtain the necessary documents.

13.5 Taxes. The tax charge on any Travel Product purchase(s) via Travelling Desi is a recovery of all applicable transaction taxes that Travelling Desi pays its suppliers in connection with your travel arrangements. Taxability and the appropriate tax rate can vary greatly by location. Travelling Desi's actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates and taxability in effect at the time. You acknowledge that Travelling Desi is under no obligation to account to you or refund you in this regard.

13.6 Currency Rates. The currency rates displayed on the Website are not verified or guaranteed by Travelling Desi as being accurate and should be used as guidelines only. Rates are not guaranteed to be updated every day and actual rates may vary.

13.7 Accuracy of Information. The information, software, products, and services published on the Website may include inaccuracies or errors, including pricing errors. Travelling Desi and its affiliates do not guarantee the accuracy of any part of the Website and disclaim all liability for any errors or other inaccuracies relating to the information, pricing, and description of the Travel Products on the Website. In addition, Travelling Desi expressly reserves the right to correct any pricing errors on our Website on pending and/or confirmed reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending Booking at the correct price or we will cancel your Booking without penalty.

13.8 The information, software, Travel Products, and Services that are published, displayed, or used on this website may include inaccuracies or typographical errors, and Travelling Desi and its suppliers will not, therefore, be liable for any inaccuracies displayed on the website relating to, without limitation: descriptions of Travel Products; photographs of Travel Products; property of Accommodation Providers; or lists of amenities or facilities and their respective availability.

13.9 Any ratings of Travel Products displayed on the Website are intended only as general guidelines. Travelling Desi does not, therefore, guarantee the accuracy of the ratings, which may change from time to time. Any reliance you place on such ratings is at your own entire risk.

13.10 Our Rights. We reserve the right not to accept customers or Bookings (or, in exceptional cases, to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or Booking include, but are not limited to: Service Provider request, breach of the Terms of Use, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious Bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, or blacklisting by governments or international organizations. Where a Booking is rejected or canceled by Travelling Desi and a payment has already been made, you will receive a refund of the Total Price. We also reserve the right to bar ("blacklist") users from the Website, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Website under any other name or through any other user. You must also not create more than one Travelling Desi Account. In rare cases, we may also have to cancel or reject a Booking due to "obvious errors," independent of the origin of such errors. For clarity, an obvious error is a mistake on the Website (e.g., in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such a case. Whether to cancel or reject a Booking for this reason is in Travelling Desi's sole discretion.

13.11 Compliance with Law Enforcement. These Terms are subject to existing laws and legal processes that Travelling Desi is subject to in delivering the Services and all other aspects of these Terms. Nothing contained in these Terms limits our right to comply with law enforcement, governmental or legal requests, or requirements relating to your use of the Services. To the extent permitted by applicable law, you agree to bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued, or be forever barred.

13.12 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be construed in accordance with applicable law as closely as possible to reflect the original intent of the parties.