Tripcrafters

Terms of Service - Travel Professionals

TripCrafters Terms and Conditions

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT.

By registering with Tripcrafters through our online application form or otherwise, or by using the service(s) provided under these Terms of Service (“Terms”), you accept all terms and conditions of these Terms. If you do not agree to these Terms, please do not register with Tripcrafters.

These Terms are entered into between Tripcrafters Travel Online LLP (“Tripcrafters” or “we” or “us” or “our”), a limited liability partnership company incorporated under the LLP Act, 2008 with its registered office at Vasu Bhavan, Ground Floor, 11th Road, Khar West, Mumbai which connects Users (with Leads) with Travel Agents, facilitating the exchange of trip requests and travel services and the term "you" as used herein refer to all individuals and/or entities identified in the Travel Agent Registration form (“Account Owner”) that registers for a Tripcrafters Travel Agent Account (“Tripcrafters Account”) and all other persons authorized by the Account Owner to purchase Leads under the account of the Account Owner. By accessing and using the services hereunder, you agree to each of the Terms set forth herein. If you do not agree to these Terms, please do not use the Services.

Definitions

For the purpose of these Terms:

  1. Travel Agents or Agents shall mean any person or entity who acts as an agent of a supplier of, sells, or offers for sale any travel, transportation, or vacation arrangements;
  2. Users: shall mean people who are looking to book a vacation in the future through travel agents. Users may be individuals or representatives of a group of travelers.

Website- Merely A Venue/Platform

The Website acts as a match-making platform for user(s) to negotiate and interact with Travel Agent or Other Parties for services or for entering into negotiations in respect thereof. Tripcrafters or the Website are not parties to any negotiations that take place between the Travel Agent / Other Parties and the User; and are further not parties to any agreement including an agreement for services or otherwise, concluded between the Travel Agent / Other Parties and User.

Description of Services

Tripcrafters provides a service that connects Agents with potential Users who have submitted trip requests through Tripcrafters or its affiliates’ websites (“Website”), including but not limited to www.Holidify.com. These trip requests contain details such as User contact information and travel itineraries (“Leads”).

Tripcrafters offers these Leads for sale to up to three (3) Travel Agents who can service the User's trip request. Agents may review and choose to purchase the Leads at their discretion, within such time limit as specified by Tripcrafters.

Tripcrafters attempts to verify User information before providing Leads to Agents. Verification efforts may include contacting Users via phone, email, or written communication, including but not limited to WhatsApp. When a Lead is provided, Tripcrafters informs Agents about the mode of verification used, along with key details about the User’s vacation plan, such as their destination, starting location, tentative travel dates, number of travelers, and other relevant trip details.

However, Tripcrafters does not guarantee conversions from Leads, either on an individual basis or at a statistical level. The information provided with each Lead is correct to the best of Tripcrafters’s knowledge, but it cannot guarantee a User’s level of interest or intent to book travel services with the Agent. Tripcrafters do not guarantee any minimum conversion rate of the Leads.

Linked Website

The Website and Services may contain images of and/or links to third-party websites, whether in the form of advertising or otherwise (“Linked Websites”). The Linked Websites are not under the control of Tripcrafters, and Tripcrafters is not responsible for the contents of any Linked Website. Tripcrafters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tripcrafters of the site or any association with its operators.

Registration

Registration with Tripcrafters as a Travel Agent is free of charge. By registering with Tripcrafters and opening a Tripcrafters Account, you represent and warrant to Tripcrafters that all information submitted to Tripcrafters is current, complete and accurate. You further agree that you will keep this information current and up to date.

Registering on the Tripcrafters’s Website / platform does not automatically grant access or rights to use the services. Travel Agents must go through a stringent approval process before their account is activated.

Tripcrafters requires agents to provide various documents and references, including existing public profiles and customer reviews, to establish their legitimacy as a travel agency. Our team thoroughly reviews each application and reserves the right to approve or reject any registration at its sole discretion, without providing any reason for any rejection. Approval will only be granted if we determine that the applicant is a genuine travel agent with no suspicious activities or negative reviews reported.

Agents are expected to fully cooperate with Tripcrafters during the verification process by providing the necessary documents, references, and any additional information requested. Failure to provide the required materials or engaging in deceptive practices may result in the rejection of the application or the suspension of an existing account.

Account Access

Once your account with Tripcrafters is approved, Tripcrafters will provide you with an individual password selected by you for your Tripcrafters’s Account. You are responsible for keeping the password confidential and you are responsible for all activities that occur with the use of the Tripcrafters’s Account, whether or not such use is authorized. You agree that you will not share your password with anyone else and if you discover any unauthorized use, you will immediately inform Tripcrafters of such use.

You will also be able to invite other members of your team to your account by adding them as members on your account. You agree that you will be responsible for all actions taken by such individual users on behalf of your account, including but not limited to the purchase of Leads and contacting users whose Leads were purchased.

Purchase of Leads

If you decide to purchase a Lead from Tripcrafters , you shall purchase the Lead from Tripcrafters at the then prevailing price of the Lead as indicated in the online order form. You hereby expressly authorize Tripcrafters to deduct the price of the Lead from your available credit balance with Tripcrafters or to charge the credit card account(s) provided by you in the online order form, or any other credit card account substituted by you from time to time (at the discretion of Tripcrafters ) for all charges owed by you to Tripcrafters under or in connection with these Terms.

Tripcrafters charges the full amount of each invoice at the time of order. If it becomes necessary to take action to receive payment, for any reason whatsoever, you agree to pay all costs and expenses of collection, including, but not limited to, attorneys’ fees, the fees of any collection agency and court costs. Leads are subject to availability, and prices are subject to change.

Refund Policy

Tripcrafters is committed to providing high-quality, verified Leads to our Travel Agents. However, we understand that certain circumstances may necessitate a refund. Please find our detailed Refund policy here. This Refund Policy outlines the conditions under which refunds are granted, the process for requesting a refund, associated fees, and guidelines for maintaining refund privileges and is integral part of these Terms.

Under no circumstances shall you inform Users that they are entitled to a refund of any kind from Holidify or Holidify’s affiliates for any issues.

Servicing Leads

By purchasing Leads you acknowledge and agree that:

  1. the Lead you purchase may be purchased by up to two (2) other Travel Agents, who can service the trip request of the Lead,
  2. only the person purchasing the Lead may contact the User,
  3. you will contact the User within forty-eight (48) hours of purchase;
  4. you will only contact the User in the manner indicated by the User in the Lead;
  5. you will not disclose, sell, transfer, assign or give any Lead provided by or through TripCrafters to any other person or entity,
  6. you will use the Leads solely for the purpose of responding to the trip request of the User,
  7. you will comply with any and all applicable laws, rules and regulations and any applicable industry and ethical standards,
  8. you will not act or omit to act in any way towards a User that is fraudulent, deceptive, threatening, abusive, harassing, discriminatory, defamatory or invasive of that person's privacy, and (ix) you will not take any action designed to manipulate user feedback, reviews and ratings, and
  9. you will not take any action designed to manipulate user feedback, reviews and ratings

You are strictly prohibited from sharing our Leads with any external commercial entity or individual outside your organization. If we find that you have engaged in such activities, we reserve the right to terminate your Account without refunding any remaining credits and may take any further action we deem necessary, including legal action and indemnification.

Travel Agent Profile

By submitting your Travel Agent Profile to Tripcrafters , you grant, and you represent and warrant that you have the right to grant, to Tripcrafters an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, and distribute your Travel Professional Profile (including, without limitation, any and all information, images and content contained therein) to Users and to prepare derivative works of, or incorporate into other works, your Travel Agent Profile. You also grant to Tripcrafters irrevocable, perpetual, non-exclusive, fully paid, royalty free, worldwide license to use, copy, display, and distribute to show your profile on its Website, including but not limited to https://www.tripcrafters.com/ .

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on TripCrafters that infringes or violates someone else's intellectual property rights or otherwise violates the law

  2. We can remove any content or information you post on TripCrafters if we believe that it violates our Terms of Service

  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate

If you notice any intellectual property infringement on TripCrafters, please bring it to our attention by writing to us at [email protected]

User Feedback, Reviews and Ratings

Users may from time to time submit feedback and reviews to Tripcrafters about the services rendered by you in connection with your servicing of a Lead. You understand that Tripcrafters may from time to time publish such feedback and reviews and use such feedback and reviews to rate the services rendered by you. You acknowledge that Tripcrafters does not control, pre-screen and is not responsible for such feedback and reviews made that by purchasing a Lead you may receive feedback and reviews that are inaccurate, defamatory, offensive, indecent, inaccurate, misleading, discriminatory or otherwise objectionable. Tripcrafters shall not be liable for such reviews and feedback posted by Users, including but not limited to their accuracy, reliability, or potential impact.

User Complaint & Agent Disciplinary Policy

If we receive complaints against your services, including but not limited to complaints about payments, quality of services, bad behavior, or unresponsiveness, we reserve the right to initiate an investigation into your account.

We have the right to put your account on suspension/ temporary hold while we gather more information from the Users about the complaints, without specifying a timeline.

If we deem fit, we also reserve the right to share your registration documents with Users in cases where we feel that it is necessary to help them resolve their complaints. By agreeing to these Terms, you grant us permission to share such documents based on our judgment.

If the complaints are resolved in a timely manner, we may unblock your account and continue to offer you access to the Website/ platform. However, we reserve the right to permanently block your account, with or without refunding the balance credits remaining in your account, at our sole discretion.

If you fail to provide the full scope of services as agreed, Tripcrafters reserves the right to take appropriate action against you, including but not limited to legal recourse, on behalf of the Users.

Further, if we determine that you are not adequately servicing the Leads provided to you, whether based on customer complaints or other means, we reserve the right to notify other Users recently connected with you and advise them against making a booking with you. Our Website may have all appropriate disclosures for our Users on the basis of their past experience with the relevant Travel Agent, and you agree to such public disclosure, and that such public disclosure shall be treated as fair comment, and is not defamatory or derogatory in any manner. You agree not to bring any claim, legal proceedings or action against the Tripcrafters in this regard, including but not limited to any suit for defamation.

Lead Alerts

By registering with Tripcrafters you agree that Tripcrafters may send you, from time to time, emails alerting you of Leads (without User contact information) available for purchase. You are under no obligation to purchase any Leads from Tripcrafters. You also agree that Tripcrafters may send you from time-to-time communications notifying you of any Tripcrafters promotions, contests and surveys.

Proprietary Rights

All content that is made available in connection with the Website and Services is protected under copyright laws and international conventions and is owned by TripCrafters; provided that TripCrafters does not claim ownership of User Feedback that its users post.

Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TripCrafters. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.

You acknowledge and agree that TripCrafters owns, solely and exclusively, all rights, title and interest in and to the TripCrafters website (the "Website") including, but not limited to, all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto. All other trademarks, logos, and service marks (collectively the "Marks") used in the Website are the property of TripCrafters or their respective owners. Your use of the Website should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of TripCrafters or the third party owner thereof, as shall be relevant.

No Unlawful or Prohibited Use

As a condition of your use of the Website and Services, you agree that you will not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or interfere with any other party’s use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.

Representations and Warranties

You represent, warrant and covenant to TripCrafters that

  1. all persons authorized by the Account Owner to use the TripCrafters Account are Travel Agents,
  2. you maintain all requisite licenses, certifications, accreditations and authorizations required for the conduct of the Travel Agent business and all such licenses, certifications, accreditations and authorizations are valid and in good standing;
  3. you have the full right, power and authority to enter into these Terms;
  4. the execution of these Terms by you and your use of the Leads do not and will not violate any law or regulation or any agreement to which you are a party;
  5. You confirm that all information provided by you is accurate, complete, and not misleading in any manner;
  6. you may not use any hardware or software intended to damage or interfere with the proper and timely functioning of any service offered by Tripcrafters, or to surreptitiously intercept any system, data or personal information from Tripcrafters; and
  7. You confirm that there are no ongoing or anticipated legal disputes that may affect your ability to provide your services as per these terms and conditions.
  8. You further represent and warrant that you shall not engage in any act or omission that could reasonably be expected to harm the business, operations, financial condition, or reputation of Tripcrafters. You shall conduct in a professional, ethical, and lawful manner at all times and shall refrain from any conduct that may result in adverse consequences for the Company, including but not limited to: (a) engaging in any fraudulent, dishonest, or misleading activities; (b) making any false or defamatory statements about the Tripcrafters, its products, services, officers, directors, employees, or affiliates; (c) violating any applicable laws, regulations, or industry standards that could result in legal or reputational harm to the Tripcrafters; (d) disclosing confidential or proprietary information of the Tripcrafters to any unauthorized party; or (e) undertaking any action that creates a conflict of interest detrimental to the Tripcrafters.

The Agent acknowledges that any breach of these representation and warranty shall be deemed a material breach of these Terms, entitling Tripcrafters to seek all available remedies, including but not limited to termination of arrangement with Agent and pursuit of legal action for damages.

Termination

Either party may cancel these Terms at any time, with or without cause, by written notice to the other party. Notice of cancellation by you must include your full name, email address and password for proper identification. You may cancel by sending an email to Tripcrafters, at [email protected], with "cancel" typed in the subject field and the foregoing information included in the body of the message. Tripcrafters may cancel by email notice at your last known email address. In the event that an invoice/order is in mid process at the time of termination, Tripcrafters will complete its obligation to fulfill any balance of Leads due to you and you shall be obligated to make payment in full for such invoice/order; provided, however, if you contest a charge or have breached a payment or other obligation under these Terms, then Tripcrafters shall have the right, at its discretion, to cease providing any further Leads to you, without prejudice to its rights to recover the defaulted amount from you. Tripcrafters will not issue any cash refunds in the event of cancellation of services by either party.

Disclaimer of Warranties

You acknowledge that the Leads are provided hereunder "as is" with no warranty whatsoever and that your use of any services provided by Tripcrafters are at your own risk. Without limiting the foregoing, you acknowledge that Tripcrafters does not investigate or otherwise verify any of the Leads. Tripcrafters disclaims all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and/or non-infringement.

Tripcrafters makes no representations or warranties about the results that may be obtained by purchasing Leads and under no circumstances will Tripcrafters be responsible for any interactions between you and any user, including, without limitations, any transaction that may result. Notwithstanding anything contained herein, Tripcrafters accepts no liability if it is unable to perform a service as a result of: (i) a technical problem which is not in its control or for which it is not responsible, or (ii) the non-performance or partial performance of another party upon which it is dependent to perform a service.

Interaction Between Users

Tripcrafters provides an on-line platform for exchanging information between its users. Tripcrafters does not represent the traveler or the Travel agent in actual transactions that takes place between the travel and Travel Agents and does not charge any commission for enabling any transaction. Tripcrafters does not control and is not liable to or responsible for the quality, safety, lawfulness of the services offered on the Website or the ability of the Travel Agents to complete agreed service or the ability of traveler to complete the service transaction. Travel Agents are cautioned that there may be risks of dealing with people acting under false pretences on the Website. Website uses several techniques to verify the accuracy and authenticity of the information provided by users, Tripcrafters however, cannot and does not confirm each user(s)’s purported identity on the Website. Tripcrafters encourages Travel Agents to transact with common prudence and evaluate the user/traveller with whom they would like to deal with.

Travel Agents agree to fully assume the risks of any transactions (“Transaction Risks”) conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any services that are the subject of any such transaction.

Limitation of Liability

Tripcrafters disclaims all liability, whether based in contract, tort, negligence, strict liability, or otherwise, for damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, punitive, or exemplary damages) in any way arising from (a) the use or disclosure of any Lead (b) any transaction between you and a User (c) your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party (d) Privacy Policy and (e) these Terms.

Without limiting the foregoing, Tripcrafters shall not be liable for damages exceeding the amount paid by you to Tripcrafters in the one (1) month period immediately preceding the event that gave rise to the damages.

If there is a dispute between you and any user or any third party arising out of or related to the Lead(s) and/or the services provided by Tripcrafters , you understand and agree that Tripcrafters is under no obligation to become involved. In the event that you have such a dispute, you hereby release Tripcrafters , its officers, employees, agents, successors, and assigns from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

Indemnification

You shall indemnify and hold harmless Tripcrafters (and its officers, directors, partners, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense, including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of any claim, demand, action or proceeding based upon or arising out of any use of a Lead, use of any service provided by Tripcrafters , or the breach or alleged breach of any of the representations and warranties your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party or other terms and conditions by you set forth herein.

Violation of the Terms

Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to [email protected]. Tripcrafters ’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Privacy Protection

Tripcrafters ’s collection and use of information about you is subject to our Privacy Policy, which may be accessed by clicking here.

Terms Subject to Change

These Terms are subject to change/modification by Tripcrafters at any time. Tripcrafters will notify you of any changes by email. Changes shall become effective ten (10) days after emailing to you such new terms. Your failure to cancel these Terms within such period shall constitute your agreement to be bound by the new terms.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tripcrafters as a result of these Terms or use of any of Tripcrafters ’s services.

There are no third-party beneficiaries of these Terms.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

By choosing to give your number to use our services, you give the consent to receive SMS from Tripcrafters.

No waiver of any term or condition of these Terms will be valid or binding on a party unless agreed upon by such party in writing.

The terms and conditions contained in these Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, whether oral or written.

Agent may not transfer, assign, or novate its rights or obligations under these Terms to any third party without the prior written consent of TripCrafters. However, TripCrafters may novate any or all its right under the Terms to any third party or its affiliates, including Holidify Travels Pvt. Ltd.

The following sections survive any termination of these Terms: "Registration", "Purchase of Leads", "Proprietary Rights", "Representations and Warranties", "Termination", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification" and "Miscellaneous".