Traveller Refund Policy Terms
These terms and conditions govern the WeNomads Traveller Refund Policy (the “Traveller Refund Policy ”) available to Travellers who book and pay for a Trip listed by a Tour Partner through the WeNomads platform (the "Site") and suffer a Travel Issue and the obligations of the Tour Partner associated with the Traveller Refund Policy.
Travel Issue. A “Travel Issue” means any one of the following:
- The Tour Partner of the Trip
- Cancels a reservation before the scheduled start of the trip.
- The description of the Trip in the listing on the Site is materially inaccurate with respect to:
- The purpose of the Trip (e.g., the activity type which the trip is categorized into),
- The mentioned dates of the Trip (Some of the trips may have a clause that mentions that trip dates can be changed by Tour Operators depending on various factors such as climatic conditions, political conditions etc. In such cases the cancelation policy specified on the trip detail page will prevail)
- Specially mentioned inclusions represented in the listing description are not provided, such as Trekking equipment, Vehicles etc.
- The Tour Partner of the Trip
- The Traveller Refund Policy. If you are a Traveller and suffer a Travel Issue, we agree, at our discretion, to either
- Reimburse you up to the amount paid by you through the Site either via payment gateway itself, through cheque, credit note or an alternative trip as determined by WeNomads in our discretion, depending on the nature of the Travel Issue suffered or
- use our reasonable efforts to find and book you another similar trip which in our determination is reasonably comparable to the trip described in your original reservation in terms of purpose (activity), features and quality. All determinations of WeNomads with respect to the Traveller Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travellers and Tour Partners.
- All valid and accepted claims (including Tour Partners trip specifric Terms and Conditions or Cancelation policy) will be settled within 45 days of acceptance.
- Conditions to Claim a Travel Issue. Only a Traveller may submit a claim for a Travel Issue. If you are a Traveller, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
- you must bring the Travel Issue to our attention in writing (firstname.lastname@example.org) or via telephone (+91 11 49725151) and provide us with information (including photographs or other evidence) about the Trip and the circumstances of the Travel Issue within 24 hours after the start of your Trip, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
- You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
- You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Tour Partner prior to making a claim for a Travel Issue.
- The rights of the Travellers under the Traveller Refund Policy do not supersede the cancellation policy established by a Tour Partner. So please read the entire Trip detail page including but not limited to its Cancelation Policy, Inclusions/Exclusions and other Terms and Conditions clauses.
- Minimum Quality Standards, Tour Partner Responsibilities and Reimbursement to Traveller. If you are a Tour Partner, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, purpose etc. and do not present a Traveller with Travel Issues. During the 24-hour period following the Trip starts, Tour Partner either in person or through associates should be available, or make a third-party available, in order to try, in good faith, to resolve Traveller issues.
If you are a Tour Partner, and if
- WeNomads determines that a Traveller has suffered a Travel Issue related to an Trip listed by you and
- WeNomads either reimburses that Traveller any amount up to the amount paid by the Traveller through the Site for the Trip or provides an alternative Trip to the Traveller, you agree to reimburse WeNomads up to the amount paid by WeNomads within 30 days of WeNomads’s request. All determinations of WeNomads with respect to the Traveller Refund Policy, including without limitation the size of any refund to the Traveller, shall be final and binding on the Travellers and Tour Partners. You also agree that in order for you to reimburse WeNomads up to the amount paid by WeNomads, WeNomads may off-set or reduce any amounts owed by WeNomads to you by this amount. If the Traveller remains for part or all of the stay despite the Travel Issue, the Traveller will receive a refund that will reduce the amount of the Trip Fees ultimately paid to you. If the Traveller is relocated to an alternative Trip, you may lose part or all of the Trip Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Traveller to the alternative Trip. However, the rights of the Travellers under the Traveller Refund Policy do not supersede the cancellation policy established by a Tour Partner. If you dispute the Travel Issue you may notify us in writing (email@example.com) or via telephone (+91 11 49725151) and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveller prior to disputing the Travel Issue claim. You agree that all determinations of WeNomads with respect to the Travel Issue shall be final and binding on the Travellers and Tour Partners regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, WeNomads, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Trip or imposing penalties or fees for the administrative burden associated with the Travel Issues.
- General Provisions.
- No Assignment/No Insurance - This Traveller Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveller, and the Traveller has not paid any premium in respect of the Traveller Refund Policy. The benefits provided under this Traveller Refund Policy are not assignable or transferable by you.
- Modification or Termination - WeNomads reserves the right to modify or terminate this Traveller Refund Policy, at any time, in its sole discretion, and without prior notice. If WeNomads modifies this Traveller Refund Policy, we will post the modification on the Site or provide you with notice of the modification and WeNomads will continue to process all claims for Travel Issues made prior to the effective date of the modification.
- Definitions - Capitalized terms not otherwise defined herein shall have the meaning set forth in the WeNomads Terms of Service.
- Controlling Law - This Traveller Refund Policy will be interpreted in accordance with the laws of India, without regard to its conflict-of-law provisions.
- Limitation of Liability - IN NO EVENT WILL WENOMADS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WENOMADS POLICY TERMS, EXCEED THE AMOUNT OF THE TRIP FEES COLLECTED BY WENOMADS FROM THE TRAVELLER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN TRIP OR OTHERWISE USING THE SITE, SERVICES AS A TOUR PARTNER OR TRAVELLER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
- "Block your Seat" feature which allows travellers to temporary hold a seat by making part payment. However, confirmation is subject to following terms and conditions -
- Balance payment should be made before the last date mentioned in the “Block your Seat” section
- Balance payment can be made in different denominations and at multiple intervals, as long as they are done before the last date mentioned in the “Block your Seat” section
- If the complete payment is not done before the last day, entire amount will be forfeited and no return will be made.
- Contacting WeNomads - If you have any questions about the Traveller Refund Policy, please contact WeNomads at firstname.lastname@example.org