Terms & Conditions
TripCarnival is a brand of Trip Carnival Tourism LLC. “TripCarnival” or “Trip Carnival Tourism LLC” herein refers to same company i.e “Trip Carnival Tourism LLC” and can be used in place of each other.
TripCarnival offer web surfers, through the TripCarnival website at URL address: https://www.tripcarnival.com (hereinafter the “Website”) tourism, leisure and recreational activities (hereinafter the “Activity” or the “Activities”) provided by service providers that are independent partners of TripCarnival (hereinafter the “Supplier(s)”).
These General Terms and Conditions define the terms and conditions in which TripCarnival sells their Suppliers’ offerings.
TripCarnival reserves the right to amend these Conditions at any time, without notice, it being agreed that such amendments shall not apply to orders that have previously been accepted and confirmed by TripCarnival. Thus, the Conditions, that may be updated and amended at any time, may be consulted regularly and apply, as soon as they are updated, to any new order.
The general terms and conditions are subdivided into:
I. Booking Agreement with TripCarnival and Our Suppliers
II. Website Terms of Use
III. Reviews Policy
I. YOUR BOOKING AGREEMENT WITH TRIPCARNIVAL AND OUR SUPPLIERS
Please read the booking agreement carefully as they are the sole terms and conditions of the contract between you and the relevant Supplier of the accommodation, transport or any other booked service.
Application of Booking Agreement:
These booking conditions are applicable to all bookings made from TripCarnival website or through TripCarnival’s customer service call centre.
These terms and conditions apply equally to all residents of any country around the world, including but not limited to UK, USA, UAE, India, Singapore, Australia, Germany, France and Canada.
Status of TripCarnival as an agent:
For all cases, the role of TripCarnival is that of an agent to the relevant service provider (wherein the relevant service provider is the supplier and the Principal).
The name and contact information of the relevant service provider will be available on the TripCarnival booking voucher.
Terms and Conditions of the relevant service providers and their agents:
Since we only act as an agent in respect of all bookings we make with the relevant service providers or their agents for accommodation, transport or any other booked services hence the relevant service provider’s booking conditions will prevail over our terms and conditions in cases where TripCarnival and the relevant service providers terms and conditions conflict with each other.
The relevant service provider’s conditions may limit or exclude their and our liability to you and they may be subject to international conventions. Copies of the relevant parts of these terms and conditions are available on request from TripCarnival or the relevant service provider.
Our Liability to You:
We act only as a booking agent for any accommodation, transport, guide service, attraction and/or any other event or service on the booking and we have no liability of any kind whatsoever to you or your party or dependents for any death, personal injury, loss, consequential loss or damage of any kind you or your party or your dependents may suffer unless caused by our own negligence. TripCarnival or our employees are acting either as agents for the relevant supplier or as agent for you and your party. TripCarnival, and its suppliers also accept no responsibility or liability whatsoever for any government restraints, acts of war and terrorism, weather conditions, or for any misadventure or casualty or any other force majeure or causes beyond their control. Subject to the terms and conditions on this site, TripCarnival’s liability shall be limited to up to the price paid for the booked arrangements.
Availability of Activites:
TripCarnival endeavors to promptly update the availability of Activities but it is duly specified that TripCarnival cannot guarantee the availability of all the Activities for all the proposed dates.
Certain Activities may be subject to restrictions (age, etc.) and it is up to Web surfers to check them and to ensure that they meet any conditions indicated on the Website.
As necessary, it is specified that each Web surfer is obliged to obtain information on the formalities for entering and spending time in the country in which the selected Activity is proposed, as well as any restrictions (health, etc.).
Prices of Activites:
Unless otherwise stated, the prices indicated are per person and inclusive of tax. It is specified that certain transactions may involve bank fees, and in such case the Web surfer must contact his/her bank in order to learn the amounts and conditions thereof.
The prices are specified on the Website in the browsing currency depending on IP address of web user’s device, it being duly specified that this involves conversion of the price defined in AED, at the exchange rate on the date of viewing by the Web surfer.
The prices shown on the Website may be changed without notice, and only become final and binding upon signature of the contract.
Creation of a customer account and identification process:
The Web surfer undertakes to provide the information requested on the Website.
Should he/she fail to answer the questions that are identified as being mandatory, the Web surfer will not be able to go on to the next stage of creation of his/her account.
The Web surfer undertakes to provide accurate information. In the event of an error while entering information, he/she shall immediately inform TripCarnival using the email address [email protected]. TripCarnival may not be held liable for any non-compliance due to the provision of incorrect information by the Web surfer.
If the Web surfer decides to process the booking as “Guest” user; the system will auto create an account based on details entered for billing purpose. The details of login and password will be shared with Web surfer on email address submitted by him/her.
Payment:
Payment shall be made in the AED, and is subject to conversion charges applicable by your bank.
The payment may be made according to the means and under the terms indicated in the FAQs of the product page, as the Web surfer chooses.
Only the price corresponding to the activities that are actually available and confirmed will be charged. In the case of an order for which certain Activities have not been confirmed as they are not available, the price corresponding to those activities which are not available will be refunded
For payments by bank or credit card, TripCarnival has set up a secure payment system. The Web surfer is then redirected to the secure payment system in order to fill in his/her bank details. The service provider stores the data until confirmation of the order and the resultant payment. TripCarnival disclaims all liability that may result from a data transmission problem.
Processing and confirmation of the booking by TripCarnival:
If the chosen activity is available:
After checking availability with its suppliers for chosen date, TripCarnival will send the Web surfer a confirmation email in respect of his/her booking containing all the information related to the booking. The contract will be thus be formed as from the date of confirmation of the booking by TripCarnival. By printing and/or saving this e-mail, the Web surfer will have proof of its order and of formation of the contract.
A confirmation email for the order containing all the information relating to the order and the withdrawal form will be sent to the Web surfer.
It is duly specified that, the Web surfer does not have a right of withdrawal for Activities which are to be provided on a specified date or during a specified period, that have been reserved and confirmed and that such Activities may only be cancelled as per cancellation policy of the activity.
If the chosen Activity is unavailable:
The Web surfer is reminded that the Activities proposed by TripCarnival are subject to availability on the part of its suppliers. In the event that any Activity is unavailable, the contract will not be formed, and the Web surfer will then be informed as soon as possible.
The Web surfer is also reminded that TripCarnival will refund the amount in case of unavailability of activity. Refund will be made in AED. TripCarnival will not be responsible for any loss resulting due to fluctation or conversion of foreign exchange.
No claim may be made or compensation obtained if the chosen Activity is unavailable.
Booking Amendments requested by you:
The Web surfer has the possibility to ask to change his/her booking, except for Activities which are stated to be “Non Cancellable and Non Changeable”.
Any request for a change shall be sent to [email protected] (specifying the booking number, the customer’s name and the date), which will handle this request as soon as possible.
However, it is duly specified that TripCarnival is not in any event required to accept such a request and cannot guarantee the availability of the Partners. In addition:
Change request up to 7 days (inclusive) prior to the date of the Activity booked, the Web surfer will generally not be asked to pay any costs, except for Activities which are the subject of specific conditions for cancellation as duly specified in the “Booking Policy” section listed as FAQs of product page;
• In the event of a request made less than 7 days prior to the date of the Activity, TripCarnival reserves the possibility to charge a fee for processing the request, as specified in the offer and indicated on the voucher.
Cancellation by you:
The Web surfer may request the cancellation of his/her booking, except for Activities which are stated to be “Non Cancellable and Non Changeable”, tickets, and Activities corresponding to a special period.
Any request for cancellation shall be sent to [email protected] (specifying the booking number, the customer’s name and the date), which will handle this request within 15 days. The date of receipt will determine the date of cancellation.
The cancellation fees that may be borne by the Web surfer are shown in the “Booking Policy” section of each product page listed as FAQs and also indicated on the voucher.
Cancellation or Amendments made to your booking by us:
As the result of an external event or due to circumstances beyond the control, Suppliers may have to change the conditions and dates of certain of their Activities or even cancel their Activities.
In such a situation, TripCarnival will then take all steps to inform the Web surfer in order to find the most suitable solutions. This information will be confirmed in writing to the Web surfer, who will have to inform TripCarnival of his/her choice as soon as possible. If the new offers made by TripCarnival are not satisfactory to the Web surfer, he/she will be able to ask for a full refund for the Activity booked from [email protected], specifying the booking number provided to him/her.
A circumstance beyond our or the relevant service providers’ control is one that cannot be foreseen or avoided, even after taking all due care and includes but is not limited to war, terrorist activity, civil unrest, industrial disputes and bad weather situations or forecasts.
Special Request:
Please inform us at time of booking of any special requests for any service or facility that is not included as part of your booking. We will enquire with the relevant service provider and where possible will try to accommodate your request, but please note such requests cannot be guaranteed.
Correct details:
The details transferred via TripCarnival must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs, if defective details are provided by the user.
Arrival at Meeting Point:
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.
Insurance:
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
Time Zones:
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
Exclusion of Participation:
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
Travel Voucher(s):
TripCarnival will provide soft copies of vouchers relevant for each booking. Please note that each product has a separate voucher and hence there could potentially be multiple vouchers for your booking. It is your responsibility to print out all the vouchers related to your booking and present them to the relevant service providers. When presenting your pre-paid voucher(s) for redemption, the Lead Traveler is required to present valid photo identification, bearing the name of the Lead Traveler. The voucher may be confiscated if Photo ID, Credit Card / Gift Certificate and Signature do not match the Lead Traveler.
Airport and Port Transfers:
You are responsible for providing precise arrival time and pick up location information (like airport, flight number, cruise docking port, hotel address) at least 72 hours before the travel date to the contact email or phone numbers mentioned in the booking voucher. Failure to do so can lead to loss of service and TripCarnival Limited, its affiliates or the relevant service provider will not be liable for any refunds or penalties.
Hotel Reservation and Accomodation:
If we are not able to trace for you an accommodation in your preferred hotel, all efforts will be undertaken to provide you with a suitable alternative of similar budget and standard. Speaking of check-in / check-out policy, it largely depends on the hotel that you´ve chosen. TripCarnival cannot be held responsible for any early or late check-in and check-out requests which are not adhered by the hotel due to their busy schedule.
The star ratings may be different to official ratings as they vary significantly by country, and often within countries. Hence it is your responsibility to review the description of hotel facilities, rooms, meals and other amenities to make the best decision for yourselves.
You acknowledge that the availability of the facilities and features listed for each hotel are under the direct control of the hotel and as such TripCarnival cannot be held responsible if those facilities or features are not made available to you during the period of your stay. If a facility or feature is of particular importance to you, then you should check with TripCarnival customer service or the hotel that this facility or feature will be available during your dates of stay.
Please note that, in particular, swimming pools and air conditioning are only available seasonally and it is your responsibility to check whether these facilities will be available during your stay. You acknowledge that the inclusion in the hotel’s facilities of car parking, means that a provision is made by the hotel for car parking. You acknowledge that the availability and cost of the car parking is determined by the individual hotel. It is your responsibility to check the availability and cost of the car parking provided by each hotel.
Consent to receive Marketing Communication:
When you sign up or make a booking you consent to receive our marketing communication. You can unsubscribe from our marketing communication by using the link on our individual marketing communication or by writing to us on [email protected].
Amendment of Booking Agreement with TripCarnival and its suppliers:
These Booking Agreement with TripCarnival and its suppliers can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.
Price and Price Amendments:
As we (TripCarnival) act only as an agent in the booking process, TripCarnival and the relevant suppliers reserve the right to change, amend or correct prices shown on our site at any time before or after you have booked. After you have booked, if the price of your booking changes in such a way we will pass on the details of the change as soon as possible.
II. Website Terms of Use
Website Ownership:
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is property of Trip Carnival Tourism LLC. Bookings through this website are subject to the Booking Agreement with TripCarnival and its suppliers.
Application of Terms of Use:
These terms of use (the “Terms of Use”), together with our privacy policy (the “Privacy Policy”), apply to any use of the Website. Visitors of the Website (“User” or “you”) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.
No Offer:
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the TripCarnival Platform and the supplier’s acceptance of the booking request according to the Booking Agreement with TripCarnival and its suppliers.
No Warranty:
While TripCarnival tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). TripCarnival may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. TripCarnival may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. TripCarnival does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, TripCarnival does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
Limitation of Liability:
TripCarnival excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
Third Party Content, links to other websites:
TripCarnival does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. TripCarnival does not recommend or endorse such content, and will not have any liability relating to it. Where TripCarnival links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to [email protected].
Intellectual Property Rights:
As between you and TripCarnival, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
Amednments to the Terms of Use:
TripCarnival may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. TripCarnival expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.
Applicable Law and Jurisdiction:
These Terms and Conditions are governed by the laws of Dubai, United Arab Emirates. If any part of these Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the rest of the Terms and Conditions will continue in effect.
Any booking made with TripCarnival will be governed by and subject to the Terms & Conditions. No variation to these Terms and Conditions shall be of any effect unless made in writing by and with the authority of TripCarnival.
III. Reviews Policy:
Web Users who use the TripCarnival website to book an activity will be asked to evaluate the activity’s quality after carrying it out. These reviews shall be published on the activity’s description sheet.
Customers who have taken part in an activity proposed by the TripCarnival website can also be asked to leave a review directly with the service provider. These reviews shall publish on the activity’s description sheet.
Who can write a review:
Only those travelers who have booked and completed a tour or activity through us are invited to write about their experiences. No internal or supplier reviews will be posted on the site, although we reserve the right to publish replies from operators alongside original reviews.
Specifically, by using such a service, you represent and warrant that:
a) you own or otherwise control all of the rights to the User Materials that you post;
b) as at the date of posting, the User Materials submitted are accurate;
c) User Materials that you supply do not breach any TripCarnival Terms of Use, guidelines or policies (as applicable from time to time);
f) you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so;
Use of Image or Video:
Images and videos submitted to us will normally be published alongside the review as far as they don’t contain any illicit or commercial content not related to the experience itself. Images and videos are also kept on file and may be used in other areas on TripCarnival or on our affiliates sites at our discretion..
You disclaim any proprietary rights you may have in such User Materials, and the same may be freely used, copied, distributed and made available in any medium and in any form by TripCarnival or its affiliates without your permission.
Display of Information:
We believe that travelers want to hear from other real travelers, find out where they are from, when they experienced the tour(s) and how did they experienced it. As such, we have decided to share simple personal information about the travelers as part of the reviews. These will not be shared with other 3rd parties without your permission.
Content of Reviews:
We do not edit or alter the content of any reviews submitted by our travelers although we reserve the rights not to publish reviews that violate any of the guidelines . In such cases, the traveler will be notified of the reason(s) through email.
Publishing of reviews:
We aim to review submissions within the shortest time possible to ensure that each review posting is true and credible – we cannot publish hearsay. In the event of a specific complaint, we may forward the complaint to the operator to seek a resolution by gathering the required facts before publishing the content, to ensure a fair view can be obtained.
If you have returned from a tour that you booked via TripCarnival and you haven’t received an email from us asking for your review, please contact us at [email protected].
Indemnity and Liability:
You agree to indemnify TripCarnival and its affiliates for all damages, losses, costs and expenses in relation to claims brought by any third party against TripCarnival or its affiliates arising out of or in connection with breach of these Terms of Use in relation to such a service.
Specifically, by using such a service, you represent and warrant that:
a) you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
b) you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
TripCarnival does not edit the User Materials submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such User Materials or their subsequent posting, use or distribution. In addition, TripCarnival does not verify, endorse or approve the views or comments expressed in any User Materials which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk.
TripCarnival reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any User Materials. Amongst other things, this includes situations where TripCarnival receives a third party complaint and/or has reason to believe that there has been a breach of these Terms of Use.