Terms and Conditions
Terms and Conditions
1. Acceptance of Terms
- 1 These terms and conditions ("Terms") apply to Tingu Travel Limited (collectively “Tingu”, “we”, “us” or "our"). The Terms govern access to, and use of, Tingu’s website located at http://www.tingutravel.com ("Website"), including any content, functionality and services offered for sale on, or purchased on or through the Website, whether as a guest or a customer.
- 2 These Terms constitute a legal agreement between you (“User” or “you”) and Tingu. By accessing and using the Website, you agree and accept, without modification, limitation or qualification, the terms and conditions contained herein. You represent and warrant that you possess the legal right and ability to enter into this agreement and to use the Website in accordance with all terms and conditions herein. If you do not agree to, or cannot comply with these Terms, please refrain from using this Website.
- 3 We reserve the right, at our sole discretion, to change, modify, add or remove any part of these Terms, at any time. Changes to the Terms will become effective once posted on this Website. It is your responsibility to read these Terms every time you visit the Website. Accordingly, your continued use of this Website after any change is deemed to be your acceptance of the modified Terms.
2.3 Use of Personal Information. We do not and will not, by way of the Website, use Personal Information other than as required to facilitate a transaction that a customer has requested or initiated for the purchase of our services, or as necessary in order for us to communicate and engage with you and other audiences through different channels, including (but not limited) in relation to after sales support, offers and suggestions, and to obtain your feedback once you purchase any services (the “Business Purpose”). We will use such information solely for the Business Purpose.
2.4 Collection of Personal Information. When you use our Website, we collect and store your Personal Information which is provided by you from time to time. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. The Personal Information that we collect includes:
2.4.1 basic details such as your name, email address, physical address, and contact numbers;
2.4.2 technical information (including your location, IP address, browser details, traffic data, location data), such as information from your visits to our Website (page interaction information, length of visits, etc.), or in relation to marketing emails we send to you; and
2.4.3 any other information relating to you which you may provide to us.
2.5 Sharing your Personal Information. We may disclose your Personal Information to third parties. We will only do so where you have given your consent, where we are required to do so by law, or where it is necessary for the purpose of or in connection with legal proceedings or in order to exercise or defend legal rights. We do not sell, rent, distribute, or otherwise make Personal Information commercially available to any third party.
2.6 Storing Personal Information. We will retain your Personal Information for the length of time needed to fulfil the purposes for which it was collected, unless we specifically agree to a longer retention period with you, or a longer retention period is required or permitted by law.
2.7 Information Security. We have implemented reasonable administrative, technical and physical measures to protect your Personal Information against loss, misuse and alteration.
3. Cookies Policy
3.1 Information collected. Some cookies collect information about browsing and purchasing behavior when you access our Website via the same computer or device. This includes information about pages viewed or services purchased and your journey around a website. All data passed by cookies is anonymous and will never contain individual details such as your name, address, telephone number or payment information but may contain our customer reference number that is unique to you.
3.2 Managing Cookies. Most browsers allow you to refuse to accept and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. However, disabling or deleting our cookies may affect the functionality of our Website and your ability to make a transactional purchase.
4. Accessing the Website and Account Security
4.1 Access to the Website. We reserve the right to withdraw or amend this Website, and any services provided on the Website, in our sole discretion, and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
4.1.1 making all arrangements necessary for you to have access to the Website; and
4.1.2 ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
4.2 Registration Details. To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other similar information. It is a condition of your use of this Website that all the information you provide on the Website is correct, current, and complete.
4.3 Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Usernames, passwords and any other information, as applicable, may be provided to you separate from this Website. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4.4 Violation of Terms. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Intellectual Property Rights Generally
5.1 Ownership of Intellectual Property. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Permitted Use. These Terms permit you to use the Website for the limited Business Purpose as agreed between us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
5.2.1 your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials;
5.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes;
5.2.3 you may print or download a reasonable number of pages of the Website and not for further reproduction, publication, or distribution; and
5.2.4 you cannot remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
5.3 No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
6.1 The name and logo of our company, the terms Tingu, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
7. Links to Third-Party Websites
7.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. Prohibited Uses
8.1 You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, local, or international law or regulation, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
8.2 Additionally, you agree not to:
8.2.1 use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
8.2.2 use any device, software, or routine that interferes with the proper working of the Website;
8.2.3 attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or
8.2.4 otherwise attempt to interfere with the proper working of the Website.
9. Monitoring and Enforcement; Termination
9.1 We have the right to:
9.1.1 take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
9.1.2 terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
9.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
10. Changes to the Website
10.1 We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Linking to the Website and Social Media Features
11.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
11.2 Subject to the foregoing, you must not:
11.2.1 establish a link from any website that is not owned by you;
11.2.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
11.2.3 link to any part of the Website other than the homepage; or
11.2.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
11.3 You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
12. Geographic Restrictions
12.1 The owner of the Website is based in the United Arab Emirates. We make no claims that the Website or any of its content is accessible or appropriate outside of this area. Purchasing goods and services through this Website may not be legal by certain persons or in certain countries. If you access the Website from outside the designated area, you do so on your own initiative and are responsible for compliance with local laws.
13. Terms of Service
13. 1 Booking and Booking Confirmation. Your booking from our Website does not constitute an offer by us to supply the service. By placing a booking, you make an offer to us to purchase the service and such booking is subject to acceptance by us. The booking shall only be deemed to be accepted when we issue written acceptance of the booking (“Booking Confirmation”) at which point and on which date a contract shall come into existence. We may decline any booking in whole or in part. If we are unable to accept the booking, we shall inform you of this in writing, no contract shall come into existence and you will not be charged for the service.
13.2 Booking Process. All bookings shall be made by means of an online [booking form] you complete and submit to make an offer to purchase services from our Website (“Online Booking Form”). Our written acceptance of the booking in the form of a Booking Confirmation shall be binding with respect to the subject matter of the contract and, subject to these Terms, our obligations to supply the Service. All communications in relation to your booking will be sent to the contact information stated on the Online Booking Form.
13.3 Price. The booking price will be the price indicated on the Online Booking Form and the price is inclusive of statutory value added tax (VAT). All payments due under the contract will be paid in AED dirhams, without deduction of exchange, transfer, collection or other charges. We accept payment by credit or debit card. Any other forms of payments are subject to our prior, written consent and you shall be responsible for any additional costs incurred as a result of using any other forms of payment
13.4 Payment. Your booking must be paid in full at least 30 days before the departure date for a multi-day trip, and 7 days before for a day trip. If you book within 30 days of your departure date, payment must be made in full at the time of booking. If payment is not received by the due date, we reserve the right to cancel your booking.
13.5 Instalment payment. You have the option to pay for your trip in instalments as stated on the Website. The first payment is due immediately upon sign up. Thereafter, your payments are due on the first of the following month. You have seven days to make the payment, after which the payment is now overdue. The full payment for the trip is due one month before the departure date, for a multi-day trip. If you are unable to pay your final balance by the due date, we reserve the right to treat your booking as cancelled by you, in which case the cancellation conditions as set out in clause 13.8 will apply.
13.6 Changes by Tingu. While we endeavour to operate all trips as described, we reserve the right to change the trip itinerary. Please refer to our Website before departure for the most recent updates to your itinerary.
(a) Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the portion of the booking only or accepting an alternative tour offered.
(b) After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
13.7 Cancellation by Tingu. We reserve the right to refuse or cancel any booking. We will contact you if all or any portion of your booking is cancelled or if additional information is required to accept your booking.
13.8 Cancellation by you. You may cancel your booking at any time by providing us with written notification of your cancellation. The following charges will be levied on any cancellation…
For Multi-day trips:
(a) Up to 60 days before the trip - full refund (less bank transfer fees);
(b) 59 to 30 days before the trip - 50% refund (less bank transfer fees); and
(c)Less than 30 days before the trip - no refund
For Day Trips:
(a) Up to 7 days before the trip - full refund (less bank transfer fees)
(b) Less than 7 days before the trip - no refund
13.9 Refunds. If, for any reason, your booking is not accepted or cancelled, all monies you have paid to us for that booking will be refunded. Refund claims should be requested within 30 days of cancellation. If your booking is cancelled after the credit card has been charged or payment otherwise collected, the said amount will be reversed or otherwise returned. Refunds shall be paid within 14 business days of receipt of notice of cancellation after which we shall not have any further liability to you.
13.10 Special offers. We may offer special discounts and offers and a selection of these are outlined on our Website. The special discounts and offers are subject to change and you will be advised of the full terms and conditions applicable to the specific discounts and offers when you make your booking and these may differ from the Terms. Discount codes provided by us are for one-time use only, and are non-refundable and non-exchangeable for cash. They are also not applicable for group bookings.
13.11 Our Services. Our Services include:
(a) sightseeing tours;
(b) admissions to sights scheduled on the itinerary unless otherwise stated;
(c) meals as stated in the tour package;
(d) accommodation every night of the tour package, unless otherwise stated; and
(e) transportation for group activities mentioned in the itinerary, unless otherwise stated.
13.12 Excluded services. The following are excluded from the Services provided by Tingu:
(a) International and domestic flights to and from the destination unless otherwise stated;
(b) airport transfers, taxes and excess baggage charges, unless expressly included in the travel package;
(c) meals other than those specified on the travel package;
(d) visa and passport fees;
(e) travel insurance; and
(f) optional activities and personal expenses.
13.13 Special requests. We will do everything we can to ensure that special requests are met, but cannot make any guarantees that such requests will be fulfilled. Although they will be noted on your booking, any failure to meet special requests will not entitle you to compensation.
13.14 Our responsibilities. We do not own or manage the accommodation, restaurants and other facilities used in conjunction with the tours arranged. While we have exercised care in selecting and making appropriate arrangements with third party service providers of accommodation, restaurants and other facilities, we assume no liability for injury, damage, delay, loss, accident or irregularity in connection with third party service providers.
13.15 Your responsibilities. You are responsible for:
(a) arranging your own travel insurance and details of your insurance policy must be provided on the booking form. No booking forms can be accepted without sufficient proof that personal policies have been arranged. Please ensure that your insurance cover applies to the specific activities you are booking and which are confirmed on the Booking Confirmation;
(b) ensuring that you have a valid passport, visas and all necessary documentation for the countries you are touring. We accept no responsibility for any delay or expense should your documents not be in order;
(c) arranging your own flights to and from the destination, checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. We will not accept responsibility for you missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit of refunds will be given for delayed and/or missed flights;
(d) disclosing any pre-existing medical conditions you may have; and
(e) ensuring the safety of your equipment and personal effects. We will not accept any responsibility for any loss or damage or delay to your luggage or effects unless directly caused by the negligence of one of our representatives.
14. Disclaimer of Warranties
14.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS ORDERED, SOLD OR OTHERWISE OBTAINED THROUGH THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
14.2 YOUR USE OF THE WEBSITE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES BY US OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.3 TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
14.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on Liability
15.1 Tingu is not liable if the non-performance or bad performance of the contract is due to:
(a) a failure to act on the side of the customer;
(b) an unforeseeable and unavoidable omission by a third party, which is not involved in providing the contractually agreed services;
(c) force majeure or an event, which Tingu or a service provider could not have foreseen or avoided, notwithstanding the exercise of due care, including but not limited to acts of war, strikes, social unrest, weather conditions, decisions taken by the authorities, third-party delays, epidemic and pandemic outbreaks.
15.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
15.3 The limitation of liability set out above does not apply to liability resulting from our gross negligence or wilful misconduct.
15.4 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16.1 You agree to defend, indemnify, and hold our company harmless, as well as our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, any use of the Website's content and services other than as expressly authorised in these Terms.
17. Governing Law and Jurisdiction
17.1 All matters relating to the Website and these Terms, including the Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with laws of England and Wales.
18. Dispute Resolution and Arbitration Agreement
18.1 In the event of a dispute arising out of or relating to the Terms, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within thirty (30) days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be three, and the seat, or legal place, of arbitration shall be the Dubai International Financial Centre in Dubai, UAE.
19. Limitation on Time to File Claims
19.1 Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
20. Waiver and Severability
20.1 No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
21. Entire Agreement
21.1 These Terms constitute the sole and entire agreement between you and us regarding the Website, our services and, where applicable, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, except with respect to any separate, written agreement you may have entered into with us, the provisions of which shall supersede any of these Terms in the event of a conflict (only to the extent of the inconsistency or conflict).
22. Your Comments and Concerns
22.1 This website is operated by Tingu Travel Limited.
22.2 All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].