Terms & Conditions
General Terms & Conditions:
Acqua travel (Acqua) acts as agent for Local Operators featured on the Platform and does not provide travel services itself. Acqua’s role is to:
Select Local Operators for you to contract directly with; provide a website and booking platform at www.Acqua.travel (the “Platform”) which allows you to access travel services provided by Local Operators, together with applicable information relating to your travel services booked through the Platform; provide a forum for communication directly with Local Operator in connection with the travel services you request; provide a secure, easy way to pay such Local Operators using credit or debit card and to financially protect all payments made through the Platform; and provide protection to you for the travel services purchased with a Local Operator, in accordance with applicable Regulations.
Acqua acts as an agent of Local Operators whose travel services are featured on the Platform, or as detailed by Local Operators and communicated to you by Local Operators through the Platform or otherwise. Acqua selects Local Operators for whom it acts as an agent (based on the experience, reputation, quality of service and reliability of Local Operators as researched by Acqua), for you to contract directly with Local Operators for the provision of travel services.
Local Operators are responsible to you (under the contract they form with you under Local Operator’s Terms and Conditions) for:
providing you with applicable information relating to the travel services that you book (both prior to booking, and then post-booking and prior to departure), as provided through the Platform or directly to you by Local Operator; ensuring the travel services that you book with Local Operator confirm with the contract you have made with that Local Operator under Local Operator’s Terms and Conditions (irrespective of whether the travel services are to be performed by that Local Operator or other)
Use of the website:
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Website in accordance with all Terms of Use herein. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete, and accurate. Furthermore, you also confirm that the traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Privacy policy:
Acqua believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and is incorporated by reference.
Procedure:
Acqua provides a forum (in a secure environment within the Platform) for communication between you and Local Operator. As Acqua acts as a travel agent, Local Operator will be responsible to you and all persons included in any booking you make, for all aspects of your booking under the contract you enter into with them. Acqua does not therefore provide the travel services which you may purchase from Local Operators through the Platform.
When you book any travel services through the Platform, Local Operator’s Terms and Conditions applicable to the relevant Local Operator with whom you book with will apply, as provided to you at (or prior to) the time you make a booking. You will be deemed to have accepted Local Operator’s Terms and Conditions provided to you with your Itinerary, if you proceed to booking that trip (whether such booking is taken via the Platform, over the telephone, email or otherwise). Acqua takes all reasonable care in selecting Local Operators that make their travel services available through the Platform. Local Operators are responsible to you for providing the travel services to you in accordance with relevant local standards in the destination country for which you book travel services, and Local Operator’s Terms and Conditions. Acqua will provide you with reasonable assistance in relation to any complaint you might have against a Local Operator. You may also wish to review any available comments and ratings made by previous customers of Local Operator, which may be on our Platform. Should there be any concerns regarding any travel services purchased by you these must be brought to the attention of Local Operator by you directly at the time, and to Acqua. If you do not notify Local Operator and Acqua at the time any concerns come to your attention, then this will affect the ability of Local Operator to remedy those concerns at the time and may affect the remedies available to you upon your return.
Acqua provides the Platform for the purposes of allowing users access to travel services provided by Local Operators. You should not seek to contact Local Operators directly outside this Platform when arranging a booking, otherwise this affects Acqua’s ability to track bookings made with Local Travel Operators that have originated from the Platform. Doing so would also mean that you would not get any financial protection or potentially other protection under the Regulations for travel arrangements booked outside of the Platform, in accordance with these Terms.
The process of taking bookings with Local Operators for the provision of travel services is set out in detail on the Platform and summarized in these Terms. All bookings are subject to the following terms:
Enquiries:
You may make enquiries through the Platform with Local Operators featured on the Platform, for the provision of information relating to potential itineraries and/or travel services provided by a Local Operator. You may use the Platform to ask Local Operators for further information relating to its travel services and/or itineraries and to ask for quotations for itineraries by contacting Local Operator through the Platform. Please note that travel services and any itineraries and/or quotations may be withdrawn at any time prior to you receiving confirmation of your booking from Local Operator and/or Acqua through the Platform. All travel services sold through the Platform are not an offer by us to sell any travel services, but instead the Platform provides a mechanism for you to choose and purchase travel services from Local Operators, who are the providers or organizers of all and any travel services as described. Local Operators are free to accept or reject a proposed booking from you (or we may do so on their behalf).
Itineraries:
The Platform includes itinerary planning functionality, which is provided by Acqua in order to assist you in planning your trip and finding a suitable Local Operator to provide the desired travel services. You may use the existing itinerary and request customization depending on your requirement or use the featured itinerary as and an example and request our Local operator for changes. Local Operators can then provide price details to you via the Platform for the proposed itinerary. The Platform also provides functionality for you to make secure payments for a booking, once an itinerary and a price has been agreed with Local Operator, and for Acqua to process payments on behalf of Local Operators.
Local Operators provide specific information about the travel services provided by them on the Platform and in Itineraries put together for you. Such information is provided by Local Operators in good faith and Local Operator is responsible to you in respect of the accuracy of that information. We may provide general information about destinations and sample trip itineraries, including leisure suggestions that might be appropriate for certain locations, based on our experience of the areas and knowledge of such activities in those locations. However, this is provided as general information only and you will need to check with the relevant Local Operator about all specific information relating to the travel arrangements that you book.
If you or any member of your travelling party has any special needs or a disability which may affect your or their travel, please provide full details before you confirm your booking details so enquiries can be made with Local Operator about the suitability of the travel arrangements, or alternatively advise Local Operator directly before confirming your booking with them.
Making a Booking:
Once you are satisfied with itinerary and are ready to book, our local operator will send you the invoice, payment link. You will then be required to enter all relevant details requested during the booking process on the Platform and to accept the Acqua booking terms
Any bookings made through the Acqua Platform will be directly with the Local Operator and the Local Operator will be responsible to you for all aspects of your booking and all travel services. If you have any specific requirements or needs then these should be brought to the attention of the Local Operator prior to booking and we would suggest that you communicate directly with the Local Operator through the Platform to enquire about any specific needs or requirements when asking for itinerary details or for a quotation, to ensure that your needs and requirements can be satisfied (if possible), prior to making a booking.
Confirmation:
Once you have completed the booking and made payment of either the deposit or the full cost of the booking (as requested by the Local Operator at the time the booking is made through the Platform, the booking will be confirmed by the Local Operator by providing you with notification through the Platform. Your booking will not be confirmed until you have received formal booking confirmation from the Local Operator through the Platform. Please check that all names, dates and timings are correct on receipt of all relevant documents and booking confirmations to ensure that these are correct. If you notice any errors in your booking confirmation, please raise this immediately with the Local Operator directly. Any changes required to these details may incur charges (if the error was made by you) that the relevant Local Operator will notify you of. The names given when you book must be the same as in the relevant passport. The booking information you supply will be passed on by us to the relevant Local Operator or other persons necessary for the provision of your travel services. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you provide such as details of any disabilities, or dietary and religious requirements. In making this booking, you agree that this information can be sent on to the relevant persons. Please also read our Privacy Policy,
Payments:
Acqua accepts payments from you on behalf of the Local Operators. The name on your credit card statement may appear as Indus Travels or Fly Wire. Acqua passes this money (minus relevant bank charges and our commission) to the Local Operators, in accordance with our payment arrangements with the Local Operator. In accepting payments on behalf of the Local Operators, Acqua is acting solely as agent and is not responsible for any aspect of providing the travel services (which are provided solely by the Local Operator or its authorised sub-contractors). Acqua is also not responsible for any aspect of the contract between you and the Local Operator, or for the acts or any omissions of the Local Operator (subject to the Regulations and these Terms). Where you are only paying a deposit to confirm the booking with a Local Operator, you agree to pay the full balance of required monies through the Platform at the relevant payment date specified by the Local Operator in its booking terms and conditions. Acqua reserves the right to notify the Local Operator if required payments have not been received by you on the relevant payment dates. Acqua shall not be responsible for any action a Local Operator may take in connection with your booking, including cancellation or amendment to your booking, in accordance with the Local Operator’s Terms and Conditions.
Your deposit is non-refundable once the tour is confirmed by Acqua. The balance of the tour package cost must be paid (and received in Indus Travel’s office) 75 days prior to the first day of the tour. If the balance is not received on time, Acqua reserves the right to treat the booking as cancelled by you. If the booking is cancelled by you in this manner, all monies paid shall be treated as a cancellation charge to cover Acqua' costs. If you book the tour within 75 days prior to the departure of the tour, the full amount must be paid when the booking is confirmed.
Communication:
Once you have made a booking with a Local Tour Operator through the Platform, you may communicate with the Local Tour Operator directly, however the Platform is the most expeditious way to contact the Local Tour Operator and we advise keeping communications through the Platform so you can keep easy track of these and of all information relevant to your booking.
Promotions & Special Pricing:
Promotion codes, special pricing/discounts, and offers are valid within the specified time period for bookings as featured on the Acqua website and will not be applicable on any customized itineraries.
Changes By You:
Changes to an existing reservation up to the Final Payment Date, whatever the cause, will incur a $100 per person amendment fee, potential loss of any supplier fees (such as non-refundable event tickets, park permits, and sea cruise reservations) plus any costs for replacement services. On/ after the Final Payment Date, the $100 change fee is no longer valid, instead cancellations terms apply. This includes name changes* and removal of any services such as optional tours and transfers. *Please note that name changes to airline reservations are subject to full cancellation and rebooking. Replacing a traveling passenger with another traveling passenger constitutes a cancellation, subject to cancellation penalties, and is not covered by this Changes By You policy. Changes or additions after departure are subject to local rates at the time of amendment and must be paid directly by the traveler to the service provider. There are no refunds for unused services.
Force Majeure:
Acqua shall not be liable for any claims, losses, damages, financial costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever, resulting from events beyond our or a supplier’s reasonable control, including but not limited to acts of God, strikes, lockouts or other labour disputes or disruptions, wars, blockades, insurrections, riots, infectious diseases, earthquakes, weather conditions, floods or acts or restraints imposed by government authorities.
Refunds:
Once a Tour has commenced, no refund can be given for any unused portion of the Tour, including, but not limited to, any unused portion resulting from a change to the Tour itinerary on account of an extraordinary circumstance. Indus recommends the purchase of Travel Insurance to protect yourself for trip interruption.
Documents:
Provided full payment is received no later than your Final Payment Due date, documents will be sent via email and Indus Wallet App which you can download from App Store or Google Play Store approximately 21 days prior to the departure of your Tour.
Cancellation By You:
You may cancel your booking at any time prior to the commencement of the tour by notifying us in writing, which must be signed by the person that signed the Reservation Form. Depending on the type/style of tour you have booked the cancellation charges will be as follows. In light of this we highly recommend travel insurance.
Cancellation Charges:
75 Days or more before the first day of the tour 75% of the amount paid or deposit amount. Less than 75 Days before arrival 100% non-refundable/Non-Transferrable
Cancellation By Local Operator:
Local Operator reserves the right to cancel the tour and/or to make changes to the travel arrangements. Such cancellations and/or changes are sometimes necessary due to circumstances beyond our control. If your tour is canceled or changed or alternate departure date is offered, we will notify you in writing at the earliest possible date and will offer you a credit for the amounts you have paid to us to be used for an alternate date or changed tour. OUR LIABILITY IN SUCH A CASE IS LIMITED TO A CREDIT TO YOU OF ANY AMOUNTS YOU HAVE PAID US TO BE USED ON A LATER DATE.
Alterations To The Tour:
Occasionally non-major changes may be made to your travel arrangements which we reserve the right to do at any time and we will advise you at the earliest possible date. These changes may be the result of force major or similar reasons beyond our control, delays in departure, weather conditions, over bookings or closure of a hotel, strikes, riots, decisions by state government or tourist organizations, altering the itinerary, the duration of time spent at a location or even omitting a destination or part of the itinerary due to the local situation. In such cases, we will offer comparable alternative arrangements, if possible, but if not, will make an appropriate refund to you commensurate with the nature of the change.
Prices:
All prices are based on either CAD or US dollars. Once your booking is accepted by us, we will not make any changes to your price after you have paid the final balance. Prior to the time you pay the final balance, we may revise the tour solely due to increased transportation costs, including costs of fuel, tax and any currency fluctuation. No such revisions shall amount to more than 15% of the tour price. If you do not wish to accept the changes, you'll be entitled to cancel the tour with a full refund of all amounts you have paid us. OUR LIABILITY IN SUCH A CASE IS LIMITED TO A RETURN TO YOU OF ANY AMOUNTS YOU HAVE PAID TO US.
Disputes:
In the event of any dispute between you and a Local Tour Operator, this must be dealt with between you and the Local Tour Operator, as your contract is with them, however, please inform us in the event of a dispute, so that we can provide any relevant assistance in dealing with a complaint or dispute (in accordance with clause 4 above). If you have a problem whilst you are abroad relating to the travel services, you should bring this to the immediate attention of the Local Tour Operator to give them the opportunity to investigate and rectify your complaint. If you fail to follow this procedure, there will be less opportunity to investigate and rectify a problem. If you wish to complain upon your return home, then please contact Acqua and the Local Tour Operator directly within 2 Weeks. Acqua will provide you with reasonable assistance in relation to communicating and seeking to resolve any complaint you may have against the Local Tour Operator for the provision of its travel services if you wish (including forwarding correspondence and providing the Platform for any continued communication between you and a Local Tour Operator). The Local Tour Operator will be liable to you in respect of any payments or any other matters in connection with your complaint, including any applicable compensation, refunds, or other monies to which you may be entitled.
Passports and Visas:
All passengers and travelers are responsible for securing proper documentation prior to joining the tour. Passports are required. Neither we nor the Local Tour Operators accept any responsibility if you cannot travel because you have not complied with any passport, visa, or immigration requirements. Please ensure that passport/s are valid for a minimum of 6 months beyond the intended date of return and contain between 2-6 blank “Visa” pages. US and Canadian passport holders require separate visas for countries they intend to visit, and passengers and travelers are advised to check with respective consulates and/or visa agencies for full details.
Responsibilities:
Acqua does not own or operate any of the accommodation or transport or other facilities used in connection with the tours. We, therefore, are not liable for the conduct, actions or negligence of those parties or their staff, employees, or agents. We do accept responsibility for our employees only. When you travel with an airline, the conditions or carriage of that airline will apply to you and the airlines. Those conditions are the subject of International Agreements and may limit or exclude liability. Acqua makes arrangements with airlines, hotels and other independent parties to provide you with the travel services included in the tour. These parties are independent suppliers over whom we have no direct control. We are not liable for personal injury, property damage or for any other loss, claim or damage in the event of any failure by any person or company to render any transportation, accommodation or travel service which is part of the tour, or for the expenses incurred due to delays caused by weather, strikes, war, civil disturbances, natural disasters, flight delays, government actions, mechanical failures, acts of God, or any other such condition or event. We cannot and do not assume any responsibility or liability for flight delays, cancellations or missed connections and are not liable for any expenses or consequences resulting therefrom. In no event shall Acqua be responsible for incidental or consequential losses or damages.
Disclaimer:
You, and each party traveling in your tour and named in the booking form, expressly acknowledge that you are cognizant of all risks of travel and arrangements for trips of this nature and fully disclaim, waive and discharge Acqua (including its officers, members, directors, and employees) from any and all liability, claims, damages, loss or responsibilities (including damage to or loss of your property or your injury or death) with regard to the proposed tour and arrangements made with respect thereto, even if caused by the negligence of any airlines, transportation companies, hotels or any other party rendering any of the services or accommodations included in the tour. Acqua shall similarly not be liable for any claims, losses, damages for delay of baggage or other properties, inconvenience, loss of enjoyment, upset and disappointment, distress or frustrations whether physical or mental, resulting from any act or omission of any other party providing services to you. In the event of a service being withdrawn by any party who is to provide a tour service or accommodation, Acqua shall have no responsibility and our sole obligation shall be to make an appropriate refund to you commensurate with the nature of the service or accommodation which has withdrawn. All services and accommodations are subject to the laws, customs, and regulations of the countries in which these services are rendered. You acknowledge that you and each member of your tour group are solely responsible for determining that you are in sufficiently good health to undertake the tour. You also acknowledge that you are aware that conditions in other destinations are not as advanced as in North America and that you understand and assume the risks associated with travelling in some countries. As an example, vehicles are not likely to be equipped with seat belts or other passenger restraints. You also acknowledge that parties who might require special assistance may have to make their own arrangements and should consider whether the tour is appropriate. There are some countries do not have special accommodations such as ramps for wheelchairs nor does it have special accommodations for the blind or deaf. If your tour includes any bus transportation, you should be aware that there may be a minimum age (usually 8 years old) for such travel. It shall be your obligation to make us aware of any such situations. If a particular hotel is unavailable, an equivalent hotel of the same standard shall be offered.
Terms And Conditions:
The payment of your deposit shall constitute consent to all provisions contained under these general information, terms and conditions.
