Additional Information: Tours N Activities may seek certain information about the User and all other persons who are meant to be part of the Booking, to assess eligibility to complete the Booking and/or obtain the relevant Services.

Book/Booking: this means booking a Service by the User on the Tours N Activities Platform/Website.

Booking Confirmation: this includes a booking confirmation voucher/ticket along with a confirmation email issued by Tours N Activities once the User completes payment against a Booking.

Experiences/Services: it includes sightseeing tours, leisure activities, attraction tickets and other tourism and entertainment services.

Tours N Activities/We: Tours N Activities Inc. is a Delaware corporation, having its address at 82 Nassau St #60351 New York, NY 10038 and includes its affiliates, group/related companies, its successors and assigns.

Tours N Activities Account: the account created by any User while registering on Tours N Activities’s Platform/Website.

Tours N Activities Account Credentials: means the login ID and the password set by any User while creating a Tours N Activities Account.

'Tours N Activities Credits': are booking credits that can be acquired by Users in two ways:

By booking an Experience listed on Platform that offers cashback. This cashback is provided in the form of Tours N Activities Credits.

Receiving a refund against a cancelled booking.

Tours N Activities Credits are only available to Users who have a valid Tours N Activities Account.

Interactive Forums: means discussion forums, bulletin boards, review services or other forums in which You and other users of the Website may post User Content.

Listing: each Experience or Service listed on the Platform.

Platform/Website: The Internet booking platform of Tours N Activities accessible via www.Tours N Activities.com. It also includes related websites, affiliate and partner websites, mobile applications, tools, platforms, linked social media accounts or other facilities.

Privacy Policy: a legal document that governs the privacy terms of Tours N Activities.

Refund Amount: means the amount processed/refunded by a Supplier on cancellation of Booking.

Sales Channel: it includes Tours N Activities's websites, mobile applications, salespersons, call centres, branch offices, agents etc.

Suppliers: it includes the end service provider i.e. tour operators, activity organizers, attractions, travel agents and ticket suppliers.

Supplier Terms: the terms and conditions specified by the Supplier that will govern the provision of the Services provided by the Supplier and availing of the Services.

Terms of Use: a legal document that governs the usage of any Sales Channel by the User.

Third Party Websites: means websites operated by parties other than Tours N Activities.

User/You/Your: any person who visits/shows interest/avails any Service available on Tours N Activities's Platform or through any of its Sales Channel.

User Content: means any content posted by a User on the Platform in several different ways, including but not limited to writing reviews, making posts, uploading and posting photos or videos, making comments or suggestions, submitting ideas, rating other users' contributions and making other similar contributions or submissions to the Website and/or otherwise to Tours N Activities. The User Content is visible to all Users of the Platform.

Website Content: means the content and information available on the Website including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material.

These Terms of Use together with the Privacy Policy, constitute a binding contract between the User and Tours N Activities. These Terms of Use govern inter alia usage of any Sales Channel by the User including but not limited to Platform/Website. Tours N Activities operates the Platform/Website that allows inter alia (a) Suppliers to offer Experiences/Services listed on the Platform to the User(s); and (b) the conclusion of contracts directly between User(s) and the Suppliers of such Services.

Tours N Activities is not a travel or tour agency and does not provide such Experiences or Services on its own. When a User books an Experience or Service on the Platform, it purchases the same directly from the Supplier. Tours N Activities through its Platform only facilitates the purchase of tickets to the Experiences. Tours N Activities also does not act as an agent to the User, in any capacity, except to the extent of facilitating payments by User to the Suppliers.

By accessing, registering and/or by making a Booking on the Platform, User agrees to each of the terms mentioned in the Terms of Use, without any modification. The User represents that he/she has read and understood the Terms of Use. In all Bookings, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all persons named in the Booking.

Tours N Activities may revise these Terms of Use from time to time. The revised version will be effective from the date it gets posted unless otherwise specified. If changes/revisions to these Terms of Use reduce Your rights or increase Your responsibilities, Tours N Activities will post a notice of the same on the Tours N Activities website or intimate its Users via email. By continuing to use the Platform after Tours N Activities carries out changes to these Terms of Use, You agree to abide by and be bound by those changes. If You are not agreeable to any of the terms mentioned in this document, You must not use or access Tours N Activities’s Platform.

As a condition to the use of the Platform, You represent and warrant that: (i) all information supplied by You in the course of the use of the Platform and/or a completing Booking is true, accurate, current and complete, and (ii) You are 18 years or older.

If You as a minor wants to make any Booking on the Platform, You are bound to ensure that such Booking shall only be made by a person that has attained the age of majority (parents, siblings or legal guardian)

You further represent and warrant that (a) Your Tours N Activities Account is not currently suspended and you have not previously been restricted by Tours N Activities from using the Website; (b) You are not acting on behalf of a competitor of Tours N Activities; (c) You will not create more than one Tours N Activities Account; and (d) You have full power and authority to enter into this legally binding agreement with Tours N Activities and in doing so will not violate any other agreement to which You are a party.

We retain the right at our sole discretion to deny access to the Website to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

By accessing and using the Website, You agree and acknowledge that Tours N Activities does not endorse any of the Listings or content on the Website and Tours N Activities cannot vouch for its accuracy. You also agree that Tours N Activities merely provides a marketplace platform and is not an actual supplier of any Experience. You, therefore, access and use the Website at Your own risk.

You may need to create a Tours N Activities Account and provide information about Yourself to use some of the features on the Website, including when You make a Booking. You are responsible for maintaining the confidentiality of Your Tours N Activities Account Credentials. You are also solely responsible for all activities (including Bookings) that occur in connection with Your Tours N Activities Account. You agree to notify us immediately of any unauthorized use of Your Tours N Activities Account by sending an email to support@toursnactivities.com. You also agree that in case of any unauthorized use of Your Tours N Activities Account, You will not raise any claim against Tours N Activities. As a User of the Website, you understand and agree that neither Tours N Activities nor its affiliates will have any liability to you or others for any unauthorized bookings made using your Tours N Activities account and/or Tours N Activities account credentials. In case you notice any unauthorized use of your Tours N Activities Account, you will immediately (1) change the Tours N Activities Account Credentials and (2) inform Tours N Activities about such unauthorized use.

We may terminate or suspend access to Your Tours N Activities Account or Your ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your Tours N Activities Account or ability to use the Website if You misuse the Website. Any such termination or suspension could prevent You from accessing Your Tours N Activities Account, the Website, User Content, Website Content, and/or any other related information including but not limited to your active Bookings.

You may suspend Your Tours N Activities Account at any time by contacting us to request that We disable Your Tours N Activities Account, and by discontinuing Your use of any and all parts of the Website. If You suspend Your Tours N Activities Account, We may continue to display Your previously published User Content and are under no obligation to remove any of such User Content.

You can search for Experiences by using the various options made available on the Website or by using criteria like the type of Experience, travel destination etc. Search results are based on their relevance to Your search and other criteria.

When You Book a Listing, You are agreeing to pay the price mentioned in the Listing, applicable taxes and other applicable fees like the Tours N Activities service fee and any other fees/charges identified during check-out. The price of each Listing will be quoted on a per-person basis unless otherwise specified. The prices are based on the tariff specified by the Supplier who has made the concerned Listing available on the Platform. Tours N Activities does not determine the pricing of the Listings. The prices will be listed in the currency chosen by You while using the Website. Any currency conversions required to effect payment for the Booking will be done at the rate determined by Tours N Activities. The prices quoted against a Listing are subject to change without notice until a Booking has been made.

Services included in a Booking are determined by the Supplier. Prices quoted in a Listing only include the services as specifically shown on the listing page.

While these Terms of Use govern Your use of the Website, including Your request for a Booking, the provision of the Services by the Supplier and Your availing of the Services will be governed by the Supplier Terms. These Suppliers Terms may be specified in the Listing, communicated to You following the completion of the Booking, or be available on the website of the Supplier or the concerned Experience. You agree to read and understand and be bound by the Supplier Terms before availing of the Services under a Booking. Notwithstanding the foregoing, to the extent, the Supplier Terms conflict with these Terms of Use in respect of Your legal relationship with Tours N Activities, these Terms of Use shall prevail. Your interactions with Suppliers are at Your own risk.

You further agree and acknowledge that Tours N Activities shall not be liable to You or any other person for any losses, expenses, damages (including property damage) or injuries caused to You on account of (i) the Supplier Terms not being communicated to You; (ii) Your failure to read and understand the Supplier Terms; (iii) the Supplier’s breach of the Supplier Terms; (iv) any error, defect or inaccuracy in the Supplier Terms; or (v) any other acts, omissions, errors, representations, warranties, breaches or negligence of a Supplier.

The Booking of certain Listings requires You to meet certain prerequisites or criteria to establish Your eligibility to Book the Listing and avail of the relevant Services. You are required to read and understand the prerequisites or criteria which are part of the Supplier Terms. We may even seek certain Additional Information, to assess User’s eligibility to complete the Booking and/or obtain the relevant Services. You agree to provide the Additional Information accurately. If a Booking is completed based on inaccurate Additional Information and the Supplier finds You ineligible to obtain the Services, then Tours N Activities will not be liable for any losses, damages or costs incurred by You in connection with such Booking. Tours N Activities will also not be under an obligation to refund the Booking price if You are unable to obtain the Services from the Supplier because the Supplier found You ineligible for the same.

When You complete payment against a Booking a Booking Confirmation will be issued from Tours N Activities. On completion of payment against a Booking, a bipartite contract for the supply and purchase of the Services is formed directly between You and the Supplier.

In addition to these Terms of Use, a User shall also read the FAQs available in the "Help" section on Tours N Activities’s Website to have a detailed understanding of the services provided by Tours N Activities. The user agrees that it shall be bound by the content of such FAQs in addition to these Terms of Use.

When You make a Booking, Tours N Activities collects Your payment information and processes the payment to ensure that the price paid by You for the Booking is transferred and deposited to the account of the Supplier, after the deduction of Tours N Activities charges, if any. In doing so, Tours N Activities has a limited responsibility of collecting the payment from the User and transferring it to the Supplier. Full payment is required to make or confirm a Booking unless otherwise specified.

The value of the Booking may be subject to duties, foreign transactions fee, currency exchange or other fees applicable in Your country of residence. Your bank or payment card company may convert the payment into the local currency (of Your country of residence) and may charge fees, resulting in differences between the amount displayed on the Listing, and the final amount charged to You. Tours N Activities recommends that You contact Your bank or card company if You have any questions concerning any applicable currency conversion or fees.

Tours N Activities Credits are credits credited in the form of cashback. These can be earned by registered Users of Tours N Activities by booking Experiences on which cashback is available. Please note that cashback is not available on all Experiences listed on Tours N Activities. Users are advised to check and verify the cashback that is available for an Experience from the product information page and the booking page of an Experience. Tours N Activities Credits are neither transferable nor can be refunded or redeemed in the form of cash. Currently, Tours N Activities Credits cannot be used partially for a booking. Tours N Activities reserves the right to make changes to the usage terms of Tours N Activities Credits, including but not limited to their value, usage and validity without prior notice or intimation. In case, if Tours N Activities finds out that You are misusing the Tours N Activities Credits intending to cause an illegitimate loss to Tours N Activities and gain to Yourself, Tours N Activities shall have all the rights to take appropriate action including but not limited to reversal of Tours N Activities Credits and deactivation of Tours N Activities Account

Once a Booking is completed, it cannot be changed by You or cancelled with a refund, unless otherwise stated in the Listing or the Supplier Terms applicable to such Listing.

All matters concerning cancellation and modifications of Bookings are decided and/or determined by the Supplier. Given that the purchase of the Experience is a contract between You and the Supplier, Tours N Activities does not frame the terms of cancellation/modification of the Bookings or take any decision regarding cancellation/modification of the Bookings, unless agreed to the contrary between Tours N Activities and the concerned Supplier.

Subject to the terms of cancellation/modification set out in the Listing or Supplier Terms, You may: (i) opt to either cancel or modify a Booking; or (ii) reach out to Tours N Activities at the contact details specified in the Booking Confirmation to inquire about the options available for cancellation/modification of a Booking. Tours N Activities may, on receiving such a request, if required, contact the concerned Supplier and obtain information or seek confirmation before cancellation/modification of a Booking.

If a Booking has been cancelled/modified by You as per the terms mentioned herein and as per the cancellation terms of the Supplier, Tours N Activities will, subject to receipt of the Refund Amount from the Supplier, refund the applicable amount to You. Tours N Activities clarifies that under no circumstances will Tours N Activities pay You the Refund Amount until Tours N Activities receives it from the Supplier. Once Tours N Activities receives the Refund Amount from the Supplier, Tours N Activities will endeavour to initiate the refund within seven (7) days of receipt from the Supplier. As a default practice, Tours N Activities processes the Refund Amount to the original source of payment. However, In case the original source of payment is unavailable, You can choose to receive the refund in the form of Tours N Activities Credits to the Tours N Activities Account of the user. These Tours N Activities Credits are neither transferable nor can be refunded or redeemed in the form of cash. As referred previously, currently, Tours N Activities Credits cannot be used partially for a booking. Tours N Activities reserves the right to make changes to the usage terms of Tours N Activities Credits, including but not limited to, value, usage, and validity without prior notice or intimation.

If You make a Booking using a promotion code, or if You accept a discount or special-offer price during the check-out process, You may invalidate Your discount or special-offer price by cancelling/modifying Your Booking. Tours N Activities will process any refund to You after adjusting such discount or special offer availed by you at the time of Booking.

No refunds are available once an Experience has commenced, or in respect of any Experience's package, accommodation, meals or any other Services that You have started to utilize.

A Supplier may make a change to a Booking after Your purchase, changes including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other features and/or requirements of the Experience. Tours N Activities will endeavour to communicate to You any such changes at the earliest possible opportunity, as soon as Tours N Activities becomes aware of the same. Your rights, concerning such changes, vis-à-vis the Supplier, shall be governed by the Supplier Terms. Tours N Activities shall not be liable to You or any other person for any losses, expenses, costs, damages or injuries arising on account of or about such changes made to the booking.

Pursuant to such change(s), if the Supplier cancels the Booking or allows You to cancel the Booking, then Tours N Activities will endeavour to process the Refund Amount received from the Supplier within seven (7) days of receipt of the same from the Supplier. If the Supplier permits You to modify the Booking pursuant to the changes, any information that We receive on this matter will be communicated to You as soon as We become aware. Tours N Activities will not be liable to You or any other person for any losses, expenses, costs or damages arising on account of or concerning (i) Your inability to modify the Booking, (ii) the Supplier’s failure to communicate regarding the modification of the Booking with either us or You, or (iii) the Services availed pursuant to modification of the Booking.

We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier's interests and/or Your interests, to withdraw our services resulting in an override of the Supplier’s cancellation policy. We may also determine, in our sole discretion, to arrange for You a refund of a part or all of the amounts charged to You. You agree that We will have no liability for such cancellations or refunds.

In any scenario of cancellation of any Booking, You agree and understand that Tours N Activities shall be only liable to process the refund of the Booking amount upon receiving the same from the Supplier. You also agree that all liabilities against any Booking are attributable to the Supplier. Tours N Activities will not undertake any other liability of any sort including but not limited to any incidental losses incurred by You.

You are responsible and liable for Your acts and omissions and are also responsible for the acts and omissions of anyone participating in the Experience. For example, this means: (i) You are responsible for leaving the venue of an Experience in the same or substantially the same condition it was in when You arrived; (ii) You must act with integrity, treat others at the venue of the Experience with respect, always comply with all applicable laws and any terms or rules as may be set out by the Supplier. Your failure to comply with the applicable local laws or terms set out by the Supplier may result in the Supplier asking you to leave/exit the Experience or attraction or any other action as per law.

You acknowledge that the activities following the Booking carry inherent risks and accordingly agree that, to the maximum extent permitted by applicable law, You assume the entire risk arising out of Your access to and use of the Platform, participation in any Experience, any other interaction You have with other persons at the venue of the Experience or online. This means You are responsible to analyze and understand that the Experience chosen by you for the Booking is suitable for You by all means and manners. For example, Experiences may carry the risk of illness, bodily injury, disability, or death, and You freely and willfully assume those risks by choosing to participate in those Experiences.

The Website Content, as well as the infrastructure used to provide such Website Content, is either proprietary to us or granted to us under a valid license. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Website Content, or any products or services obtained from or through the Website. Any other use of the Website Content, products and/or services requires the prior written permission of Tours N Activities.

We maintain a zero-tolerance policy for any fraudulent activity. On certain occasions, where We suspect that occurance of a fraudulent transaction, We may contact You to request additional information to verify the legitimacy of Your booking and ensure it is not associated with any fraudulent activities. If You choose not to provide this requested information, We reserve the right to cancel Your booking. Please note that these actions are strictly in best interest of all the Users as well as the Suppliers and Tours N Activities will not be responsible for any such cancellations.

Fraudsters may employ different phishing techniques to obtain personal and confidential information including payment details of individuals, with an ill intent to defraud them. These phishing techniques may involve the creation of fake websites, messages, emails, and more. We strongly advise You to remain vigilant and informed about these phishing methods. If You come across or become a victim of any such phishing attempts in the name of Tours N Activities, we kindly request that You promptly report such activities to support@toursnactivities.com. We also urge You to immediately report such transactions to Your bank or any such other authority as may be required under law.

When You use the Tours N Activities Website, or send e-mails, text messages, and other communications from Your desktop or mobile device to us, You are communicating with us electronically and agree that We may communicate with You in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website.

You may unsubscribe from marketing-related e-mails by raising a request on support@toursnactivities.com. Any such request will be addressed within seven (7) working days of receipt of the request. However, Tours N Activities may continue to send You non-marketing messages, such as messages related to any upcoming Bookings.

You will keep Tours N Activities indemnified against any/all types of losses, expenses, costs, damages or injuries arising on account of or concerning any action taken by any local telecom-related regulatory authority or any other authority due to any erroneous complaint raised by the User with respect to the communications mentioned herein above or due to a piece of wrong contact information provided by the User for any reason whatsoever.

You and other users of the Website may post or submit some User Content to Tours N Activities or on its Website. We may use such User Content in several different ways, including but not limited to displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. You also agree that Tours N Activities may reach out to You to post reviews and/or shoot videos or images of the experiences booked by You which is entirely optional. In case, You agree to share such User Content with Tours N Activities, Tours N Activities shall have the unlimited right to use, repurpose or reproduce such User Content on its Platform. No consideration shall be payable by Tours N Activities to You for such User Content.

By submitting User Content, You grant Tours N Activities and its subsidiaries and/or affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that You submit in connection with such User Content. You acknowledge that Tours N Activities may choose to provide attribution of Your User Content at our discretion. You acknowledge and agree that User Content is non-confidential and non-proprietary. If it is determined that You retain moral rights (including rights of attribution or integrity) in the User Content, You hereby declare that (a) You do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) You have no objection to the publication, use, modification, deletion and exploitation of the User Content by Tours N Activities or its licensees, successors and assigns; (c) You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) You forever release Tours N Activities, and its licensees, successors and assigns, from any claims that You could otherwise assert against Tours N Activities under any such moral rights.

You alone are responsible for the User Content You submit. You assume all risks associated with such User Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by You of information in such User Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, such User Content as described herein. You may not imply that such User Content is in any way sponsored or endorsed by Tours N Activities

User shall be solely responsible and liable for any User Content posted, stored or uploaded on the Platform, or for any loss or damage thereto. User agrees to not post any User Content that may amount to defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or is in breach of law in any manner. In case Tours N Activities is held liable by any court of law or any governmental authority for any User Content posted by You on the Website, You agree to hold Tours N Activities indemnified against any such losses and/or damages suffered by Tours N Activities.

Tours N Activities may screen, edit or monitor User Content. Tours N Activities reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any User Content at any time and for any reason, and/or to have such actions performed by third parties on its behalf, and You are solely responsible for creating back-up copies and replacements of Your User Content at Your sole cost and expense. Tours N Activities has no obligation to retain or provide You with copies of Your User Content.

Any use by You of the Interactive Forums or other portions of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Interactive Forums, the Website and/or closure of Your Tours N Activities Account.

If You believe that Your work has been copied on our Website, or any of our other systems or networks in a way that constitutes copyright infringement, please write to us at support@toursnactivities.com. While sending any notice under this head of any alleged infringement, please provide the following information to Tours N Activities: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; A description of the copyrighted work that You claim has been infringed; A description of where the material that You claim is infringing is located on the Website; Your address, telephone number and email address; A statement by You that You have good faith and belief that the alleged useis not authorised by the copyright owner, its agent or the law; A statement by You, made under penalty of perjury, that the above information in Your notification is accurate and that You are the copyright owner or authorised to act on the copyright owner's behalf

Tours N Activities will only respond to those notices that substantially comply with the above requirements. We will investigate Your claim and will notify you by the method of contact You used to file Your notice with us

To ensure that Your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)

WE PROVIDE THE PLATFORM AND ALL WEBSITE CONTENT "AS IS" WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE: (I) WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY SUPPLIER, LISTING OR EXPERIENCE; (II) WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE WEBSITE; AND (III) WE DO NOT WARRANT THAT VERIFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED ON LISTINGS OR SUPPLIERS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. THE DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IN NO EVENT WILL Tours N Activities BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT Tours N Activities HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Tours N Activities’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO Tours N Activities IN CONNECTION WITH THE BOOKING WHICH FORMS THE SUBJECT MATTER OF A CLAIM HEREUNDER. THE DISCLAIMERS AND LIMITATIONS IN THIS CLAUSE WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

The User agrees that there can be certain exceptional circumstances where Tours N Activities and/or the Supplier may end up in a scenario where they will not be in a position to honour the confirmed bookings due to various reasons like an act of God, a pandemic, an epidemic, business exigencies, labour unrest, insolvency, government decisions, terrorist activity, any operational and technical issues, or any other reason beyond the control of Tours N Activities and/or Supplier.

The User understands and agrees that Tours N Activities merely being a marketplace, where Booking has been made, cannot be held responsible and liable for any such Force Majeure circumstance leading to the cancellation of a Booking. However, in case Tours N Activities has any advance knowledge of any such scenario that can lead to cancellation or dishonour of bookings, it will have a limited responsibility to refund the booking amount after deducting requisite and applicable charges if refunded by the concerned Supplier.

The User further agrees that in case the Booking doesn’t get confirmed because of some technical reasons (like network downtime, the issue with a third party server, the issue with payment gateway/banks etc.) or any other similar issues, Tours N Activities will have limited responsibility of refunding the booking amount, if any, received from the User. The user also agrees that once the said refund gets processed, Tours N Activities will be discharged from all the liabilities.

In case there are any indirect, punitive, incidental, special or consequential damages, Tours N Activities will not be liable for the same and the User will not come after Tours N Activities for recovery of any such losses

You shall indemnify, defend, and hold Tours N Activities and its employees, directors, agents, and Suppliers harmless from and against any action, claim, suit, proceeding, demand, investigation, or charge alleging any costs, losses, liabilities, damages, fines, judgments, fees, or expenses (including reasonable attorneys’ fees and court costs) arising out of (i) Your breach of these Terms of Use or the Supplier Terms (ii) Your failure to comply with applicable law in connection with the use of the Website or in obtaining the Services; or (iii) any personal injury, property damage, or death resulting from Your act or omission either in connection with the use of the Website, participation in the Experiences or availing of any of the Services.

Governing Law and Jurisdiction: These Terms of Use will be governed by and construed and enforced in accordance with the laws of the State of New York, without reference to conflict of laws principles. Each Party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts in the State of New York with regard to any dispute arising out of or relating to these Terms of Use.

Injunctive Relief: You acknowledge and agree that a breach of some of Your obligations herein may cause substantial harm to Tours N Activities, which could not be remedied by payment of damages alone. Accordingly, You hereby agree that Tours N Activities will be entitled to seek preliminary and permanent injunctive relief, without a requirement to post a bond, in any jurisdiction where damage may occur, in addition to all other remedies available to it for any such breach.

Assignment; Binding Effect: You shall not assign or delegate these Terms of Use or any of Your rights, or duties under these Terms of Use without the prior written consent of Tours N Activities, and any purported assignment shall be void and of no force or effect. Tours N Activities may freely assign or delegate these Terms of Use or any of its licenses, rights, or duties hereunder at Tours N Activities’s sole discretion. These Terms of Use will be binding upon and inure to the benefit of Tours N Activities, its successors, and permitted assigns.

Partial Invalidity: If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will, nevertheless, remain in full force and effect, and such provision will be reformed in a manner to effectuate the original intent of the provision in the form it was incorporated into these Terms of Use. If such reformation is not possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining terms will remain in effect.

No waiver: No waiver of any term or condition of these Terms of Use will be valid or binding on Tours N Activities unless the same has been assented to in writing by an officer of Tours N Activities. Tours N Activities’s failure to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by You of any of the provisions of these Terms of Use, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect Tours N Activities’s ability to enforce each and every such provision thereafter.

Entire Agreement: Between You and Tours N Activities, these Terms of Use set forth the entire agreement and understanding relating to the subject matter herein and supersede all prior and contemporaneous communications, representations, discussions, and agreements concerning such subject matter