These terms and conditions govern the TravoGrapher Traveler Refund Policy (the “Traveler Refund Policy”) available to Travelers who Hire a Photographer through the TravoGrapher platform (the "Site") or any other mode and suffer a Issue and the obligations of the Photographer associated with the Traveler Refund Policy.
(a) the Photographer (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Traveler the required services as mentioned by the Photographer.
(b) the description of the Photographer in the Profile on the Site is materially inaccurate with respect to:
(i) the features of the camera available with the Photographer, (ii) where the Photographer is handling the other traveler along with you instead of exclusivity as promised by the Photographer. (iii) the photographer did not came on the schedules dates / time as agreed
(c) (i) Traveler did not liked the Photos and photos were out of focus (ii) Photographer did not shared the photos with traveler due to any reason, reason can be – data corrupted, data damaged or due to any reason
(a) you must bring the Travel Issue to our attention in writing (TravoGrapher.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Photographer and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(b) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(c) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Photographer prior to making a claim for a Travel Issue.
If you are a Photographer, and if (i) TravoGrapher determines that a Traveler has suffered a Travel Issue and (ii) TravoGrapher either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Photographer or provides an alternative Photographer to the Traveler at possible location, you agree to reimburse TravoGrapher up to the amount paid by TravoGrapher within 30 days of TravoGrapher’s request. All determinations of TravoGrapher with respect to the Traveler Refund Policy, including with limitation on the size of refund maximum of amount paid by Traveler, shall be final and binding on the Travelers and Photographers. You also agree that in order for you to reimburse TravoGrapher up to the amount paid by TravoGrapher, TravoGrapher may off-set or reduce any amounts owed by TravoGrapher to you by this amount. If the Traveler keeps you for part or the entire time despite the Travel Issue, the Traveler will receive a refund that will reduce the amount of the Photographer Fees ultimately paid to you. If the Traveler is allotted to an alternative Photographer, you may lose part or all of the Photographer Fee payment for the Hiring and you may be responsible for reasonable additional costs incurred to relocate the Traveler to the alternative Photographer.
The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy established by a Photographer. If you dispute the Travel Issue you may notify us in writing (TravoGrapher.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim. You agree that all determinations of TravoGrapher with respect to the Travel Issue shall be final and binding on the Travelers and Photographers regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, TravoGrapher, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your Profile ranking, automated reviews indicating Travel Issues, cancelling future Hiring, suspending or removing the your Profile or imposing penalties or fees for the administrative burden associated with the Travel Issues.
(a) No Assignment/No Insurance. This Traveler Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveler, and the Traveler has not paid any premium in respect of the Traveler Refund Policy. The benefits provided under this Traveler Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. TravoGrapher reserves the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice. If TravoGrapher modifies this Traveler Refund Policy, we will post the modification on the Site or provide you with notice of the modification and TravoGrapher will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Traveler Refund Policy constitutes the entire and exclusive understanding and agreement between TravoGrapher and you regarding the Traveler Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between TravoGrapher and you regarding the Traveler Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the TravoGrapher Terms of Service.
(d) Controlling Law. This Traveler Refund Policy will be interpreted in accordance with the laws of the INDIA, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL TRAVOGRAPHER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TRAVOGRAPHER POLICY TERMS, EXCEED THE AMOUNT OF THE PHOTOGRAPHER FEES COLLECTED BY TRAVOGRAPHER FROM THE TRAVELER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A PROFILE OR HIRING AN PHOTOGRAPHER OR OTHERWISE USING THE SITE, SERVICES AS A PHOTOGRAPHER OR TRAVELER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.