TERMS AND CONDITIONS
Standard Terms and Conditions of Business
1. Definitions
In these conditions of contract:
“Dhakul Chan” means Nice Holidays Discovery Group Company Limited., Travel Agent
corporation with its principal office at: 805 8TH Floor, Hang Bong Commercial Centre, 28
Shanghai Street, Jordan, Kowloon.
“Customer” means any person, firm or company with whom Dhakul Chan contracts for the
provision of Arrangement Services by Dhakul Chan or with whom Dhakul Chan contracts, as agent
for a Third Party Supplier for the provision of Travel Services.
References to “you”, “your” etc., are references to the Customer, authorized representatives of
the Customer or those for whom travel is requested by the Customer.
“Authorized Bookers” means any person authorized by the Customer to use the Arrangement
Services.
“Arrangement Services” means Dhakul Chan’s services in recommending, booking and/or
otherwise arranging, negotiating and reporting of the supply of Travel Services by Third Party
Suppliers to the Customer including without limitation the provision of Online Booking Services.
“Passenger” means any Passenger in respect of whose travel Dhakul Chan provides the
Arrangement Services or organizes Travel Services on the instructions of the Customer.
“Third Party Suppliers” means any third parties who supply any Travel Services to the Customer.
The identity of the relevant Third Party Supplier for a Travel Service will be communicated to the
Customer by Dhakul Chan.
“Travel Services” means travel by air, land or sea, accommodation, car rental, travel insurance or
other related travel services.
“Online Booking Services” means any system provided by Dhakul Chan to enable the Customer
to make online bookings for Travel Services.
2. General
a) These conditions shall be deemed to be incorporated into all contracts for Arrangement
Services made by Dhakul Chan with the Customer to the exclusion of all other terms and
conditions and all work undertaken by Dhakul Chan shall be deemed to be carried out on the
terms of these conditions unless otherwise expressly agreed in writing by Dhakul Chan.
b) Dhakul Chan shall provide such Arrangement Services to the Customer and organize such
Travel Services for the Customer as may be requested by the Customer and agreed by Dhakul
Chan from time to time. In the absence of any express written instructions to the contrary which
are agreed by Dhakul Chan, Dhakul Chan may accept (and the Customer shall be bound by) any
requests made by any employee, agent or other representative of the Customer.
c) When taking bookings for or otherwise arranging Travel Services Dhakul Chan will be acting as
a disclosed agent and the relevant Third Party Supplier will be responsible for providing the Travel
Services to the Customer. Dhakul Chan will not be responsible for any default or failure in any
supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the
Customer or any Passenger (directly or indirectly) as a result of the acts or omissions of the Third
Party Supplier.
d) By making a booking, the Customer will be entering into a legally binding contract with the
relevant Third Party Supplier in respect of the Travel Services to be provided by such Third Party
Supplier. The contract for the Travel Services will be subject to the terms and conditions of that
Third Party Supplier (copies of which are available to the Customer on request) and the Customer
will be bound by such terms and conditions. It is the responsibility of the Customer to ensure that
it and its Passengers comply with such terms and conditions including those which relate to
check-in times, luggage allowances etc.
e) No Passenger or any other third party will have any rights against Dhakul Chan except as set
forth.
3. Fees and Payment
a) The Customer shall pay to Dhakul Chan on demand all costs, fees, taxes etc as invoiced by
Dhakul Chan to the Customer in respect of any Arrangement Services and any Travel Services in
accordance with the payment terms set out in such invoice or otherwise agreed by Dhakul Chan.
b) Dhakul Chan reserves the right to request advance payment for Arrangement Services and/or
Travel Services.
c) Travel Services which are not ticketed/confirmed at the time of booking may incur a higher fee
than that given at the time of booking. Until the booking is confirmed and committed to by the
Customer the price cannot be guaranteed and is subject to change.
d) Dhakul Chanmay charge a booking fee or receive commission from bookings for Travel
Services.
e) A convenience fee will be payable by the Customer at Dhakul Chan’s standard rate for any costs
incurred by Dhakul Chan if payments are made by credit card.
4. Credit account facilities
a) If credit account facilities have been made available by Dhakul Chan to the Customer then all
sums due by the Customer to Dhakul Chan shall be payable as set out in paragraph 4(c) below.
Dhakul Chan reserves the right to decline credit account facilities or to withdraw such facilities.
Dhakul Chan reserves the right to retain any funds due to the Customer such as refunds or credits
to offset against any outstanding debt. Should no such credit account facilities be made available
by Dhakul Chan to the Customer or should these facilities be at any time withdrawn then Dhakul
Chan reserves the right to request an advance payment from the Customer in respect of all Travel
Services and Arrangement Services.
b) Upon the withdrawal of credit account facilities all monies owing to Dhakul Chan will become
immediately payable.
c) Payment by the Customer of monies outstanding upon credit accounts is due as cleared funds
within 7 days from the date of the invoices, excluding invoices for foreign currency or travelers
checks which are due for payment by the Customer upon receipt of the invoice.
5.Payment for Travel Services by Dhakul Chan
a) From time to time Dhakul Chan may (at Dhakul Chan’s discretion) make payment to a Third
Party Supplier for Travel Services on behalf of a Customer using a Dhakul Chan credit card or
other payment method. Additional fees may be applied for such a service and the cost of
reconciling any credit card.
b) Where payment for Travel Services is made using a Dhakul Chan credit card or other payment
method the Customer agrees to indemnify Dhakul Chan from any misuse of the card or payment
details by any current or past employee, consultant or agent of the Customer.
c) Customer shall acknowledge that Dhakul Chan may need to take currency risk fee. Dhakul Chan
may need to charge extra currency rate to substitute potential exchange rate fee that may occur
without prior notice.
6. Booking terms, amendments or cancellations
a) The Customer is responsible for the accuracy of all data supplied to Dhakul Chan or any Third
Party Suppliers including without limitation any information entered using the Online Booking
Services. In the event that such information is found to be incorrect additional costs may apply to
correct such data. Details of such additional costs are available upon request.
b) Dhakul Chan reserves the right to charge an administration fee start from HKD $350 per
passenger for amendments or cancellations of any bookings, including where no additional
documentation is required.
c) The Customer acknowledges that the Travel Services may be subject to cancellation by the
Third Party Supplier without prior notice. The Customer is responsible for checking and complying
with the specific change or cancellation terms for the Customer’s bookings.
d) While Dhakul Chan will make commercially reasonable efforts to assist those making or
arranging bookings on behalf of the Customer in complying with the Customer’s travel policy, it is
the responsibility of the Customer to ensure that all those making or arranging bookings on its
behalf comply with its travel policy. Dhakul Chan will not be held responsible for any bookings
made outside of the Customer’s travel policy.
e) If the Customer requires a purchase order number or similar payment code to be provided
when a booking is made, it is the responsibility of the Customer to ensure that such number is
provided and that is it accurate. The Customer shall be required to pay in full all invoices and
charges for bookings which have been made even if a valid purchase order or similar payment
code was not provided at the time of booking.
7. Refunds
a) Credits or refunds (if any) for Travel Services not used may only be issued upon the return of all
the relevant documentation relating to the Travel Service concerned and are subject to the terms
and conditions of the relevant Third Party Supplier.
b) In the event that any cancellation or refund requires the consent of or calculation by the
relevant Third Party Supplier then the invoice issued shall remain due and payable in terms of
Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the
Customer’s account on receipt of same by Dhakul Chanfrom the Third Party Supplier.
c) All relevant documents required for a refund must be sent to Dhakul Chan by registered mail. It
is the responsibility of the Customer to ensure that the documents are received by Dhakul Chan.
d) Without prejudice to the generality of Clauses 4(a) and 4(b) above, the Customer acknowledges
and agrees that:
i) Any credits or refunds in respect of rail travel services can only be issued provided the relevant
documentation is returned within one month of date of the issue of the said documentation (or on
any other terms of the relevant Third Party Supplier relating to the ticket issued); and
ii) Not all tickets may be refunded or altered and that any refunds made may be liable to
additional fees, which Dhakul Chan and/or the Third Party Supplier may from time to time levy.
e) If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket
or the charges levied then clarification should be sought at the time of booking.
f) There are various product that may not be cancelled, full refund, or partically refund. However
we will state them clearly on our product page. It is customer responsibility to read product terms
and condition, we reserve the right to change them prior notice.
g) If you are making online booking or with a third party, a confirmed with guaranteed booking
means the booking can not be cancelled. It is up to the customer responsibility to acknowledge
guarantee book, and that no cancellation can be made after full payment has been transfer.
8. Late Payments
In the event that any sums due by the Customer to Dhakul Chan are not paid when due then,
without prejudice to any other remedies of Dhakul Chan, Dhakul Chan may at any time:
a) Suspend all or part of the provision of the Arrangement Services to the Customer; and/or
b) Charge interest on all overdue sums at a rate of 1.5% per month until paid; and/or
c) Cancel (without any liability to the Customer or to any Passenger) any bookings for Travel
Services made on behalf of the Customer in respect of which payment is outstanding, with any
cancellation fees incurred as a result thereof being for the account of the Customer.
9. Liability
a) Subject to Clause 9(b), in the event of a claim by the Customer or by any Passenger in respect
of the supply of the Arrangement Services or any other liability whatsoever for which Dhakul Chan
is responsible in law, Dhakul Chan’s liability in any event shall not exceed the total amount paid or
payable by the Customer to Dhakul Chan by way of fees for the supply of the Arrangement
Services concerned and the associated Travel Services.
b) Dhakul Chan shall incur no liability whatsoever to the Customer or any Passenger in respect of
any indirect, special, consequential, punitive or other damages (howsoever incurred).
c) Dhakul Chan shall not be liable to the Customer or any Passenger for any default or failure in
any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by
the Customer or any Passenger (directly or indirectly) as a result of the acts or omissions of the
Third Party Supplier.
10. Insurance
The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/
or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage
or injury incurred in connection with the Travel Services or any travel resulting there from. Dhakul
Chan shall make commercially reasonable efforts to assist the Customer and/or the Passenger in
obtaining such a policy of insurance from an insurer on the express request of the Customer and
on payment of the appropriate premium. The Customer agrees to make each and every
Passenger aware of the provisions of this Clause 10.
11. Waiver
No delay or failure to take action under these Standard Terms and Conditions shall constitute any
waiver by Dhakul Chan of any provision of these Standard Terms and Conditions.
12. Variation
Dhakul Chan reserves the right to review and adjust all elements of fees without prior notice to
take account of (but not limited to) inflation, increased charges, costs, or changes to terms and
conditions by Third Party Suppliers or other parties that may impact on us.
13. Data Protection
a) In providing Arrangement Services to the Customer, Dhakul Chan may collect and process
personal data (including names, contact details, passport numbers, credit card details, travel
preferences and dietary requirements) relating to the Customer and/or the person for whom the
Customer is making travel arrangements in order to make bookings for Travel Services with Third
Party Suppliers.
b) The Customer acknowledges that in order to make a booking with Third Party Suppliers, Dhakul
Chan may transfer to, and store personal data both inside and outside the USA and the European
Economic Area, and the Customer consents to Dhakul Chan transferring and storing personal data
in this way.
c) A copy of the personal data which Dhakul Chan holds about the Customer and any Passengers
for whom the Customer is making travel arrangements can be requested by the Customer or the
Passenger (as applicable) at any time.
d) The Customer acknowledges that Dhakul Chan may transfer the Customer’s data (including
personal data) to Third Party Suppliers and that any use of such data by the Third Party Suppliers
will be in accordance with their terms and conditions and outside of Dhakul Chan’s control.
14. Confidentiality
a) Each party undertakes to the other to keep confidential all information (written, oral, or in
electronic form) concerning the business, business systems, methodologies, and affairs of the
other that it shall have obtained or received as a result of the provision of Arrangement Services
or Travel Services (“Confidential Information”).
b) Notwithstanding the above, the parties may disclose Confidential Information to: i) their parent
company or subsidiary and their officers, directors, employees and professional advisers (including
auditors), ii) where requested or required by any court of competent jurisdiction or any competent
judicial, governmental, supervisory or regulatory body or iii) with the prior written consent of the
other party.
c) For the avoidance of doubt, Confidential Information excludes information that: i) is or becomes
public knowledge other than as a direct or indirect result of any breach of this clause 15 or ii) is
known by a party before the date the information is disclosed by the other party or is lawfully
obtained by a party after that date.
15. Jurisdiction and Governing Law
These terms and conditions, any supply of the Arrangement Services to the Customer and/or the
Passenger and any contracts between Dhakul Chan and the Customer shall be governed by the
laws of Maryland and shall be subject to the jurisdiction of the state courts and federal district
courts within the State of Maryland, without prejudice to the right of Dhakul Chan to seek
recovery of any sums due from the Customer before any court of competent jurisdiction.
16. Online Booking Services
If Dhakul Chan provides you with access to Online Booking Services, the following supplemental
terms will apply to your use of the Online Booking Services and any travel arrangements made
using such services, in addition to the other provisions set out in these terms and conditions:
a) Use of the Online Booking Services
The Online Booking Services are operated by or on behalf of Dhakul Chan. The Customer is
responsible for procuring and maintaining its network connections and telecommunications links
from its systems to the data centers hosting the Online Booking Services system.
While will work to ensure the continued availability of the Online Booking Services Dhakul Chan
shall not be liable if for any reason the Online Booking Services are unavailable at any time or for
any period.
Access to the Online Booking Services may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond Dhakul Chan’s control.
The Customer shall and shall procure that its employees, subcontractors, consultants and agents
take reasonable measures to prevent the Online Booking Services being used to: (a) transmit any
files, data or other material that actually or potentially infringes the intellectual property rights of
any person; (b) create a false identity or to otherwise attempt to mislead any person as to the
identity, source or origin of any communication; (c) interfere, disrupt or attempt to gain
unauthorized access to any computer system, server, network or account for which it does not
have authorization to access or at a level exceeding its authorization; or (d) disseminate or
transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or
program.
The Customer shall not:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish,
download, display, transmit, reverse compile, disassemble, reverse engineer or otherwise reduce
to human-perceivable form or distribute all or any portion of the software used in the Online
Booking Tool;
(ii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially
exploit, or otherwise make the Online Booking Services available to any third party except the
Authorized Users; or
(iii) Use the Online Booking Services to provide services to third parties.
b) Bookings made using the Online Booking Services
The Customer is responsible for ensuring that all information which it submits using the Online
Booking Services is accurate and complete in all respects.
It is the Customer’s responsibility to confirm all information regarding its bookings is correct
before submitting a booking.
All bookings submitted and confirmed through the Online Book Service system are chargeable to
the Dhakul Chan does not warrant that the Customer’s use of the Online Booking Services will be
uninterrupted or error-free; or that the Travel Services and/or the information obtained by the
Customer through the Online Booking Services will meet the Customer’s requirements.
c) Authorized Bookers
Only the Customer and its Authorized Bookers are permitted to use the Online Booking System.
The Customer must:
Ensure sure that all log ins and passwords required to access the Online Booking Services are
secured and cannot be used by anyone else;
Ensure that the details of any Authorized Bookers are communicated to Dhakul Chan; and
Notify Dhakul Chan by telephone immediately and confirm such notification in writing within 24
hours in the event that any Authorized Bookers leaving the organization or in the event that their
authorization status is removed.
The Customer will be obligated to pay any booking fees or cancellation charges incurred as a
result of a booking being made using the Online Booking Services by someone who is not an
Authorized Booker in the event that the Customer has failed to notify Dhakul Chan in writing of
the change of status or in the event that the Customer has failed to keep its log ins and passwords
secure.
The Customer is responsible for ensuring that its Authorized Users use the Online Booking
Services in accordance with these terms and conditions of this agreement and shall be responsible
for any Authorized User’s breach of such terms.
d) Third Party Suppliers
Where the Online Booking Services provide links to websites, products or services of Third Party
Suppliers:
The Customer shall be responsible for complying with the Third Party Supplier’s terms and
conditions including fare restrictions and applicable change and cancellation policies;
Dhakul Chan is not responsible for the content of the Third Party Supplier’s website or the
accuracy of any information contained on such website including but not limited to fares and
availability;
The Customer’s use of a Third Party Supplier’s website is subject to any applicable terms and
conditions of use and privacy policies on such site
Dhakul Chan makes no representation or commitment and shall have no liability or obligation
whatsoever in relation to the content or use of, or correspondence with, any such Third Party
Supplier’s website, or any transactions completed, and any contract entered into by the Customer,
with any such Third Party Supplier. Any booking for Travel Services or other contract entered into
or completed via the Online Booking Services with a Third Party Supplier is between the
Customer and the relevant Third Party Supplier, and not Dhakul Chan.
e) Security
Reasonable steps have been taken to put in place security measures to protect any data which is
provided by the Customer in relation to the Online Booking Services. The server hosting the
Online Booking Services system uses SSL (secure sockets layer) data encryption to help keep your
data secure. Where possible, personal information entered is encoded before it is sent to us,
protecting it as it is transferred over the Internet. However, the Customer accepts that the
transmission of information via the internet is not completely secure and while Dhakul Chan will
make commercially reasonable efforts to ensure that any information entered into the Online
Booking Services is secure, it does not guarantee the security of the data transmitted to or from
these Services.
Dhakul Chan is not responsible for any delays, delivery failures, or any other loss or damage
resulting from the transfer of data over communications networks and facilities, including the
internet, and the Customer acknowledges that the Online Booking Services may be subject to
limitations, delays and other problems inherent in the use of such communications facilities.
f) Booking Terms and Conditions
By making a booking using the Online Booking Services, you are entering into a legally binding
contract with the relevant Third Party Supplier. That contract is governed by, and you will be
subject to, the terms and conditions of that Third Party Supplier (copies of which are available to
you on request). For the avoidance of doubt, Dhakul Chan is not a party to that contract and shall
not be responsible for any default or failure in any supply or any defects in performance by any
Third Party Supplier, or for any loss, claim, cost, damage or injury incurred by you (directly or
indirectly) as a result thereof.
A fee shall apply to every booking made through the Online Booking System which will be agreed
in advance with the customer.
The Customer must ensure that the names of travelers are input as they appear on the individual’s
passport. It is the responsibility of the Customer to ensure the accuracy of the data. Dhakul Chan
will not be liable for any change or amendment fees resulting from incorrect data input.
Dhakul Chan reserves the right to place restrictions on the destinations or ticket types that a
Customer can book using the Online Booking System.
Requests for special assistance, preferred meals, seating preferences and frequent flyer credit will
be registered with the airline. Please note that this is on a request basis only. The airline may not
offer the service on the selected flights or, for operational reasons, may not be able to fulfill the
request.
g) Ticketing
The Dhakul Chan ticketing department operates during normal office hours of 9 AM to 4.30 PM
Eastern Time. Any bookings made outside of these office hours may be ticketed the following
working day.
h) Access to the Online Booking Services
Dhakul Chan reserves the right to vary the content of these terms at any time; such variation shall
take effect immediately and will be available to view online.
The Customer acknowledges that access to the Online Booking Services is provided at Dhakul
Chan’s discretion. Dhakul Chan may withdraw access to the Online Booking Services at any
time.TERMS AND CONDITIONS
Standard Terms and Conditions of Business
1. Definitions
In these conditions of contract:
“Dhakul Chan Group” means Nice Holidays Discovery Group Company Limited., Travel Agent
corporation with its principal office at: 805 8TH Floor, Hang Bong Commercial Centre, 28
Shanghai Street, Jordan, Kowloon.
“Customer” means any person, firm or company with whom Dhakul Chan contracts for the
provision of Arrangement Services by Dhakul Chan or with whom Dhakul Chan contracts, as agent
for a Third Party Supplier for the provision of Travel Services.
References to “you”, “your” etc., are references to the Customer, authorized representatives of
the Customer or those for whom travel is requested by the Customer.
“Authorized Bookers” means any person authorized by the Customer to use the Arrangement
Services.
“Arrangement Services” means Dhakul Chan’s services in recommending, booking and/or
otherwise arranging, negotiating and reporting of the supply of Travel Services by Third Party
Suppliers to the Customer including without limitation the provision of Online Booking Services.
“Passenger” means any Passenger in respect of whose travel Dhakul Chan provides the
Arrangement Services or organizes Travel Services on the instructions of the Customer.
“Third Party Suppliers” means any third parties who supply any Travel Services to the Customer.
The identity of the relevant Third Party Supplier for a Travel Service will be communicated to the
Customer by Dhakul Chan.
“Travel Services” means travel by air, land or sea, accommodation, car rental, travel insurance or
other related travel services.
“Online Booking Services” means any system provided by Dhakul Chan to enable the Customer
to make online bookings for Travel Services.
2. General
a) These conditions shall be deemed to be incorporated into all contracts for Arrangement
Services made by Dhakul Chan with the Customer to the exclusion of all other terms and
conditions and all work undertaken by Dhakul Chan shall be deemed to be carried out on the
terms of these conditions unless otherwise expressly agreed in writing by Dhakul Chan.
b) Dhakul Chan shall provide such Arrangement Services to the Customer and organize such
Travel Services for the Customer as may be requested by the Customer and agreed by Dhakul
Chan from time to time. In the absence of any express written instructions to the contrary which
are agreed by Dhakul Chan, Dhakul Chan may accept (and the Customer shall be bound by) any
requests made by any employee, agent or other representative of the Customer.
c) When taking bookings for or otherwise arranging Travel Services Dhakul Chan will be acting as
a disclosed agent and the relevant Third Party Supplier will be responsible for providing the Travel
Services to the Customer. Dhakul Chan will not be responsible for any default or failure in any
supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the
Customer or any Passenger (directly or indirectly) as a result of the acts or omissions of the Third
Party Supplier.
d) By making a booking, the Customer will be entering into a legally binding contract with the
relevant Third Party Supplier in respect of the Travel Services to be provided by such Third Party
Supplier. The contract for the Travel Services will be subject to the terms and conditions of that
Third Party Supplier (copies of which are available to the Customer on request) and the Customer
will be bound by such terms and conditions. It is the responsibility of the Customer to ensure that
it and its Passengers comply with such terms and conditions including those which relate to
check-in times, luggage allowances etc.
e) No Passenger or any other third party will have any rights against Dhakul Chan except as set
forth.
3. Fees and Payment
a) The Customer shall pay to Dhakul Chan on demand all costs, fees, taxes etc as invoiced by
Dhakul Chan to the Customer in respect of any Arrangement Services and any Travel Services in
accordance with the payment terms set out in such invoice or otherwise agreed by Dhakul Chan.
b) Dhakul Chan reserves the right to request advance payment for Arrangement Services and/or
Travel Services.
c) Travel Services which are not ticketed/confirmed at the time of booking may incur a higher fee
than that given at the time of booking. Until the booking is confirmed and committed to by the
Customer the price cannot be guaranteed and is subject to change.
d) Dhakul Chan may charge a booking fee or receive commission from bookings for Travel
Services.
e) A convenience fee will be payable by the Customer at Dhakul Chan’s standard rate for any costs
incurred by Dhakul Chan if payments are made by credit card.
4. Credit account facilities
a) If credit account facilities have been made available by Dhakul Chan to the Customer then all
sums due by the Customer to Dhakul Chan shall be payable as set out in paragraph 4(c) below.
Dhakul Chan reserves the right to decline credit account facilities or to withdraw such facilities.
Dhakul Chan reserves the right to retain any funds due to the Customer such as refunds or credits
to offset against any outstanding debt. Should no such credit account facilities be made available
by Dhakul Chan to the Customer or should these facilities be at any time withdrawn then Dhakul
Chan reserves the right to request an advance payment from the Customer in respect of all Travel
Services and Arrangement Services.
b) Upon the withdrawal of credit account facilities all monies owing to Dhakul Chan will become
immediately payable.
c) Payment by the Customer of monies outstanding upon credit accounts is due as cleared funds
within 7 days from the date of the invoices, excluding invoices for foreign currency or travelers
checks which are due for payment by the Customer upon receipt of the invoice.
5.Payment for Travel Services by Dhakul Chan
a) From time to time Dhakul Chan may (at Dhakul Chan’s discretion) make payment to a Third
Party Supplier for Travel Services on behalf of a Customer using a Dhakul Chan credit card or
other payment method. Additional fees may be applied for such a service and the cost of
reconciling any credit card.
b) Where payment for Travel Services is made using a Dhakul Chan credit card or other payment
method the Customer agrees to indemnify Dhakul Chan from any misuse of the card or payment
details by any current or past employee, consultant or agent of the Customer.
6. Booking terms, amendments or cancellations
a) The Customer is responsible for the accuracy of all data supplied to Dhakul Chan or any Third
Party Suppliers including without limitation any information entered using the Online Booking
Services. In the event that such information is found to be incorrect additional costs may apply to
correct such data. Details of such additional costs are available upon request.
b) Dhakul Chan reserves the right to charge an administration fee of up to $300 per passenger for
amendments or cancellations of any bookings, including where no additional documentation is
required.
c) The Customer acknowledges that the Travel Services may be subject to cancellation by the
Third Party Supplier without prior notice. The Customer is responsible for checking and complying
with the specific change or cancellation terms for the Customer’s bookings.
d) While Dhakul Chan will make commercially reasonable efforts to assist those making or
arranging bookings on behalf of the Customer in complying with the Customer’s travel policy, it is
the responsibility of the Customer to ensure that all those making or arranging bookings on its
behalf comply with its travel policy. Dhakul Chan will not be held responsible for any bookings
made outside of the Customer’s travel policy.
e) If the Customer requires a purchase order number or similar payment code to be provided
when a booking is made, it is the responsibility of the Customer to ensure that such number is
provided and that is it accurate. The Customer shall be required to pay in full all invoices and
charges for bookings which have been made even if a valid purchase order or similar payment
code was not provided at the time of booking.
7. Refunds
a) Credits or refunds (if any) for Travel Services not used may only be issued upon the return of all
the relevant documentation relating to the Travel Service concerned and are subject to the terms
and conditions of the relevant Third Party Supplier.
b) In the event that any cancellation or refund requires the consent of or calculation by the
relevant Third Party Supplier then the invoice issued shall remain due and payable in terms of
Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the
Customer’s account on receipt of same by Dhakul Chan from the Third Party Supplier.
c) All relevant documents required for a refund must be sent to Dhakul Chan by registered mail. It
is the responsibility of the Customer to ensure that the documents are received by Dhakul Chan.
d) Without prejudice to the generality of Clauses 4(a) and 4(b) above, the Customer acknowledges
and agrees that:
i) Any credits or refunds in respect of rail travel services can only be issued provided the relevant
documentation is returned within one month of date of the issue of the said documentation (or on
any other terms of the relevant Third Party Supplier relating to the ticket issued); and
ii) Not all tickets may be refunded or altered and that any refunds made may be liable to
additional fees, which Dhakul Chan and/or the Third Party Supplier may from time to time levy.
e) If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket
or the charges levied then clarification should be sought at the time of booking.
8. Late Payments
In the event that any sums due by the Customer to Dhakul Chan are not paid when due then,
without prejudice to any other remedies of Dhakul Chan, Dhakul Chan may at any time:
a) Suspend all or part of the provision of the Arrangement Services to the Customer; and/or
b) Charge interest on all overdue sums at a rate of 1.5% per month until paid; and/or
c) Cancel (without any liability to the Customer or to any Passenger) any bookings for Travel
Services made on behalf of the Customer in respect of which payment is outstanding, with any
cancellation fees incurred as a result thereof being for the account of the Customer.
9. Liability
a) Subject to Clause 9(b), in the event of a claim by the Customer or by any Passenger in respect
of the supply of the Arrangement Services or any other liability whatsoever for which Dhakul Chan
is responsible in law, Dhakul Chan’s liability in any event shall not exceed the total amount paid or
payable by the Customer to Dhakul Chan by way of fees for the supply of the Arrangement
Services concerned and the associated Travel Services.
b) Dhakul Chan shall incur no liability whatsoever to the Customer or any Passenger in respect of
any indirect, special, consequential, punitive or other damages (howsoever incurred).
c) Dhakul Chan shall not be liable to the Customer or any Passenger for any default or failure in
any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by
the Customer or any Passenger (directly or indirectly) as a result of the acts or omissions of the
Third Party Supplier.
10. Insurance
The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/
or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage
or injury incurred in connection with the Travel Services or any travel resulting there from. Dhakul
Chan shall make commercially reasonable efforts to assist the Customer and/or the Passenger in
obtaining such a policy of insurance from an insurer on the express request of the Customer and
on payment of the appropriate premium. The Customer agrees to make each and every
Passenger aware of the provisions of this Clause 10.
11. Waiver
No delay or failure to take action under these Standard Terms and Conditions shall constitute any
waiver by Dhakul Chan of any provision of these Standard Terms and Conditions.
12. Variation
Dhakul Chan reserves the right to review and adjust all elements of fees without prior notice to
take account of (but not limited to) inflation, increased charges, costs, or changes to terms and
conditions by Third Party Suppliers or other parties that may impact on us.
13. Data Protection
a) In providing Arrangement Services to the Customer, Dhakul Chan may collect and process
personal data (including names, contact details, passport numbers, credit card details, travel
preferences and dietary requirements) relating to the Customer and/or the person for whom the
Customer is making travel arrangements in order to make bookings for Travel Services with Third
Party Suppliers.
b) The Customer acknowledges that in order to make a booking with Third Party Suppliers, Dhakul
Chan may transfer to, and store personal data both inside and outside the Hongkong and the
Asian Economic Area, and the Customer consents to Dhakul Chan transferring and storing
personal data in this way.
c) A copy of the personal data which Dhakul Chan holds about the Customer and any Passengers
for whom the Customer is making travel arrangements can be requested by the Customer or the
Passenger (as applicable) at any time.
d) The Customer acknowledges that Dhakul Chan may transfer the Customer’s data (including
personal data) to Third Party Suppliers and that any use of such data by the Third Party Suppliers
will be in accordance with their terms and conditions and outside of Dhakul Chan’s control.
14. Confidentiality
a) Each party undertakes to the other to keep confidential all information (written, oral, or in
electronic form) concerning the business, business systems, methodologies, and affairs of the
other that it shall have obtained or received as a result of the provision of Arrangement Services
or Travel Services (“Confidential Information”).
b) For the avoidance of doubt, Confidential Information excludes information that: i) is or
becomes public knowledge other than as a direct or indirect result of any breach of this clause 15
or ii) is known by a party before the date the information is disclosed by the other party or is
lawfully obtained by a party after that date.
15. Jurisdiction and Governing Law
These terms and conditions, any supply of the Arrangement Services to the Customer and/or the
Passenger and any contracts between Dhakul Chan and the Customer shall be governed by the
laws of Maryland and shall be subject to the jurisdiction of the state courts and federal district
courts within the State of Maryland, without prejudice to the right of Dhakul Chan to seek
recovery of any sums due from the Customer before any court of competent jurisdiction.
16. Online Booking Services
If Dhakul Chan provides you with access to Online Booking Services, the following supplemental
terms will apply to your use of the Online Booking Services and any travel arrangements made
using such services, in addition to the other provisions set out in these terms and conditions:
a) Use of the Online Booking Services
The Online Booking Services are operated by or on behalf of Dhakul Chan. The Customer is
responsible for procuring and maintaining its network connections and telecommunications links
from its systems to the data centers hosting the Online Booking Services system.
While Dhakul Chan will work to ensure the continued availability of the Online Booking Services
Dhakul Chan shall not be liable if for any reason the Online Booking Services are unavailable at
any time or for any period.
Access to the Online Booking Services may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond Dhakul Chan’s control.
The Customer shall and shall procure that its employees, subcontractors, consultants and agents
take reasonable measures to prevent the Online Booking Services being used to: (a) transmit any
files, data or other material that actually or potentially infringes the intellectual property rights of
any person; (b) create a false identity or to otherwise attempt to mislead any person as to the
identity, source or origin of any communication; (c) interfere, disrupt or attempt to gain
unauthorized access to any computer system, server, network or account for which it does not
have authorization to access or at a level exceeding its authorization; or (d) disseminate or
transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or
program.
The Customer shall not:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish,
download, display, transmit, reverse compile, disassemble, reverse engineer or otherwise reduce
to human-perceivable form or distribute all or any portion of the software used in the Online
Booking Tool;
(ii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially
exploit, or otherwise make the Online Booking Services available to any third party except the
Authorized Users; or
(iii) Use the Online Booking Services to provide services to third parties.
b) Bookings made using the Online Booking Services
The Customer is responsible for ensuring that all information which it submits using the Online
Booking Services is accurate and complete in all respects.
It is the Customer’s responsibility to confirm all information regarding its bookings is correct
before submitting a booking.
All bookings submitted and confirmed through the Online Book Service system are chargeable to
the Dhakul Chan does not warrant that the Customer’s use of the Online Booking Services will be
uninterrupted or error-free; or that the Travel Services and/or the information obtained by the
Customer through the Online Booking Services will meet the Customer’s requirements.
c) Authorized Bookers
Only the Customer and its Authorized Bookers are permitted to use the Online Booking System.
The Customer must:
Ensure sure that all log ins and passwords required to access the Online Booking Services are
secured and cannot be used by anyone else;
Ensure that the details of any Authorized Bookers are communicated to Dhakul Chan; and
Notify Dhakul Chan by telephone immediately and confirm such notification in writing within 24
hours in the event that any Authorized Bookers leaving the organization or in the event that their
authorization status is removed.
The Customer will be obligated to pay any booking fees or cancellation charges incurred as a
result of a booking being made using the Online Booking Services by someone who is not an
Authorized Booker in the event that the Customer has failed to notify Dhakul Chan in writing of
the change of status or in the event that the Customer has failed to keep its log ins and passwords
secure.
The Customer is responsible for ensuring that its Authorized Users use the Online Booking
Services in accordance with these terms and conditions of this agreement and shall be responsible
for any Authorized User’s breach of such terms.
d) Third Party Suppliers
Where the Online Booking Services provide links to websites, products or services of Third Party
Suppliers:
The Customer shall be responsible for complying with the Third Party Supplier’s terms and
conditions including fare restrictions and applicable change and cancellation policies;
Dhakul Chan is not responsible for the content of the Third Party Supplier’s website or the
accuracy of any information contained on such website including but not limited to fares and
availability;
The Customer’s use of a Third Party Supplier’s website is subject to any applicable terms and
conditions of use and privacy policies on such site
Dhakul Chan makes no representation or commitment and shall have no liability or obligation
whatsoever in relation to the content or use of, or correspondence with, any such Third Party
Supplier’s website, or any transactions completed, and any contract entered into by the Customer,
with any such Third Party Supplier. Any booking for Travel Services or other contract entered into
or completed via the Online Booking Services with a Third Party Supplier is between the
Customer and the relevant Third Party Supplier, and not Dhakul Chan.
e) Security
Reasonable steps have been taken to put in place security measures to protect any data which is
provided by the Customer in relation to the Online Booking Services. The server hosting the
Online Booking Services system uses SSL (secure sockets layer) data encryption to help keep your
data secure. Where possible, personal information entered is encoded before it is sent to us,
protecting it as it is transferred over the Internet. However, the Customer accepts that the
transmission of information via the internet is not completely secure and while Dhakul Chan will
make commercially reasonable efforts to ensure that any information entered into the Online
Booking Services is secure, it does not guarantee the security of the data transmitted to or from
these Services.
Dhakul Chan is not responsible for any delays, delivery failures, or any other loss or damage
resulting from the transfer of data over communications networks and facilities, including the
internet, and the Customer acknowledges that the Online Booking Services may be subject to
limitations, delays and other problems inherent in the use of such communications facilities.
f) Booking Terms and Conditions
By making a booking using the Online Booking Services, you are entering into a legally binding
contract with the relevant Third Party Supplier. That contract is governed by, and you will be
subject to, the terms and conditions of that Third Party Supplier (copies of which are available to
you on request). For the avoidance of doubt, Dhakul Chan is not a party to that contract and shall
not be responsible for any default or failure in any supply or any defects in performance by any
Third Party Supplier, or for any loss, claim, cost, damage or injury incurred by you (directly or
indirectly) as a result thereof.
A fee shall apply to every booking made through the Online Booking System which will be agreed
in advance with the customer.
The Customer must ensure that the names of travelers are input as they appear on the individual’s
passport. It is the responsibility of the Customer to ensure the accuracy of the data. Dhakul Chan
will not be liable for any change or amendment fees resulting from incorrect data input.
Dhakul Chan reserves the right to place restrictions on the destinations or ticket types that a
Customer can book using the Online Booking System.
Requests for special assistance, preferred meals, seating preferences and frequent flyer credit will
be registered with the airline. Please note that this is on a request basis only. The airline may not
offer the service on the selected flights or, for operational reasons, may not be able to fulfill the
request.
g) Ticketing
The Dhakul Chan ticketing department operates during normal office hours of 9 AM to 5.30 PM
Eastern Time. Any bookings made outside of these office hours may be ticketed the following
working day.
h) Access to the Online Booking Services
Dhakul Chan reserves the right to vary the content of these terms at any time; such variation shall
take effect immediately and will be available to view online.
The Customer acknowledges that access to the Online Booking Services is provided at Dhakul
Chan’s discretion. Dhakul Chan may withdraw access to the Online Booking Services at any time.
Best Regards,
Dhakul Chan Nice Holidays Discovery Group Company Limited.
Tel: +852 2392 1155 Fax: +852 2392 9845
Official Line: @dhakulchan
