Travel Agent Terms of Use
These Travel Agent Terms of Use (“Terms of Use”) govern access to and use of the B2B online hotel booking portal operated under the brand name “Tytlees” at www.tytlees.com, including any successor website, mobile application or allied digital platform (the “Portal”), by any travel agent, tour operator or other business entity that registers on the Portal (“Travel Agent”, “Agent”, “you” or “your”). The Portal is operated by GARG HOLIDAYS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having its registered office at 306, Dohil Chambers, 46 Nehru Place, South Delhi, Delhi-110019 (“Tytlees”, “Company”, “we”, “us” or “our”).
By registering as a Travel Agent on the Portal, accessing the Portal, or making any Booking through the Portal, you accept and agree to be bound by these Terms of Use, together with any operating guidelines, policies, rate schedules and notices issued by Tytlees from time to time and incorporated herein by reference. If you do not agree to these Terms of Use, you must not register on, or use, the Portal.
1. Definitions
- “Booking” means a confirmed reservation for hotel accommodation and/or ancillary services made by a Travel Agent through the Portal on behalf of its customer(s).
- “Confidential Information” shall have the meaning ascribed to it in Clause 10 (Confidentiality) below.
- “Hotel” means a hotel, resort or property owner/operator that has listed its rooms, Rates and inventory on the Portal as a registered supplier.
- “Rates” means the net/B2B room tariffs, package rates and other charges applicable to a hotel’s rooms and services, as displayed to Travel Agents on the Portal, inclusive of all applicable taxes, levies, surcharges and fees unless expressly stated otherwise.
- “Guest” means the end customer of a Travel Agent for whom a Booking is made.
2. Acceptance and Term
These Terms of Use take effect upon the earlier of (a) your registration as a Travel Agent on the Portal, or (b) your first use of the Portal, and shall continue to govern your access to and use of the Portal until terminated in accordance with Clause 14 (Suspension and Termination) below. Tytlees may update these Terms of Use from time to time in accordance with Clause 17 (Amendment); continued use of the Portal following any such update constitutes acceptance of the updated Terms of Use.
3. Eligibility and Registration
- You represent and warrant that you are a duly constituted travel agent, tour operator or other business entity validly existing under the laws of India, with full right, power and authority to register on and use the Portal and to make Bookings on behalf of your Guests.
- You shall provide accurate, current and complete information at the time of registration, including your business constitution documents, PAN, GST registration (if applicable), bank account details and such other documentation as Tytlees may reasonably require, and shall promptly update such information in the event of any change. Tytlees reserves the right to verify any information provided and to refuse, suspend or revoke registration where such information is found to be false, incomplete or misleading.
- Access to the Portal is provided through login credentials issued to you, which are personal to your business and shall not be shared with, transferred to, or used by any third party. You are solely responsible for maintaining the confidentiality of your credentials and for all activity conducted through your account, and shall promptly notify Tytlees of any unauthorised access or use.
4. Access to the Portal and Licence
- Subject to your compliance with these Terms of Use, Tytlees grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Portal solely for the purpose of viewing Hotel listings, Rates and inventory, and making Bookings on behalf of your Guests.
- The Portal, its listings, Rates and content are made available on an “as is” basis as furnished by the respective Hotels. Tytlees does not itself provide hotel accommodation, and the contract of accommodation service in respect of each Booking is between the relevant Hotel and you/your Guest.
- Tytlees may, at its discretion, restrict, suspend or modify access to any part of the Portal, including specific listings, Rates or features, without incurring any liability to you, save as expressly provided in these Terms of Use.
5. Booking Procedure
- Bookings shall be made through the Portal in the manner prescribed by Tytlees from time to time. A Booking request shall be treated as confirmed only upon receipt of confirmation through the Portal; the Hotel shall confirm or reject a Booking request within twenty-four (24) hours of receipt, failing which the Booking shall, unless otherwise notified, be deemed confirmed on the terms requested.
- You are solely responsible for the accuracy of all Booking details submitted through the Portal, including Guest names, stay dates, room category and any special requests, and for promptly communicating the confirmed Booking terms, including the applicable cancellation policy, to your Guest.
- In the event a Hotel is unable to honour a confirmed Booking, Tytlees shall use reasonable efforts to arrange, or procure that the Hotel arranges, comparable or upgraded alternative accommodation for the Guest, at no additional cost to you or the Guest; any such alternative arrangement shall not entitle you to any claim against Tytlees beyond what is recovered from the relevant Hotel.
6. Rates, Payments and Commission/Margin
- Rates displayed on the Portal are net/B2B rates made available to you for onward booking by your Guests, inclusive of Tytlees’ margin/commission unless stated otherwise. You shall not be entitled to any rebate, discount or commission from Tytlees or the Hotel other than as expressly agreed in writing.
- Payment for Bookings shall be made by you to Tytlees in the manner, currency and within the timelines prescribed on the Portal at the time of Booking under one or a combination of the following commercial models, as approved by Tytlees for you: (a) pre-payment of the applicable amount prior to confirmation of a Booking (“Prepaid Model”); or (b) a credit facility extended to you by Tytlees at its sole discretion, subject to such credit limit and payment timeline as Tytlees may approve and communicate to you (“Credit Facility”); or (c) such other payment mechanism as may be notified. Tytlees may offer, restrict or vary the commercial model(s) available to you at its discretion, in accordance with Clause 6.5 below. Tytlees reserves the right to withhold confirmation of, or cancel, a Booking where payment is not received within the prescribed timeline.
- Where a Booking requires a direct payment by the Guest to the Hotel (including under the applicable cancellation policy), such payment shall be made through the mechanism specified by the Hotel, and Tytlees shall bear no liability for any failure, fraud or non-compliance arising from such payment mechanism.
- All amounts payable under these Terms of Use are exclusive of applicable Goods and Services Tax (GST) and other statutory levies, which shall be payable additionally in accordance with applicable law. You shall be solely responsible for the payment of your own taxes, including obligations relating to tax deduction/collection at source, wherever applicable.
- Tytlees may, at its sole discretion, determine, revise, suspend or withdraw a Travel Agent’s commercial terms, including but not limited to credit limits, payment timelines, booking limits and account status, at any time, by notice to you through the Portal or otherwise. Bookings confirmed prior to any such revision shall not be affected, but no Travel Agent shall have any vested right to the continuation of any particular commercial terms, payment model or credit facility.
- All payments to Tytlees under these Terms of Use shall be made from the registered bank account or payment instrument of the Travel Agent on record with Tytlees. Payments received from any person or entity other than the registered Travel Agent shall require Tytlees’ prior approval, and Tytlees reserves the right to reject, return, delay confirmation pending verification of, or investigate the source of, any such payment, without liability for any resulting delay in confirmation of the relevant Booking.
7. Cancellation, No-Show and Modification
Cancellations, modifications and no-shows shall be governed by the cancellation policy specified by the relevant Hotel and communicated to you through the Portal at the time of Booking. You shall disclose the applicable cancellation policy to your Guest at the time of Booking in a clear and transparent manner. Tytlees may apply a buffer of up to one (1) additional day beyond the Hotel’s stated cancellation/modification deadline for internal processing purposes; such buffer shall not reduce your entitlement to a refund where the cancellation is otherwise made within the Hotel’s stated policy.
In addition to the cancellation policy, you shall ensure that your Guests comply with all other applicable policies of the relevant Hotel communicated through the Portal at the time of Booking, including check-in and check-out requirements, occupancy limits, identification/age requirements, child and extra-bed policies, and any other operational policies of the Hotel, and such policies shall be binding on you and your Guests.
Any claim for a refund in respect of a Booking must be raised by you with Tytlees in writing within thirty (30) days of the scheduled check-in date or the date of cancellation, whichever is earlier, failing which such claim shall be deemed waived, save where the delay is attributable to the relevant Hotel’s failure to process the refund within its own stated timelines.
8. Agent Obligations and Restrictions
- You shall use the Portal, and all Rates, inventory and content made available to you, solely for the purpose of making bona fide Bookings on behalf of your Guests, and not for any speculative, fraudulent or unauthorised purpose.
- You shall not, and shall procure that your employees, representatives and sub-agents do not: (a) publish, display or otherwise pass on any Rate obtained through the Portal to any online or retail channel, or to any person other than the Guest for whom the corresponding Booking is made; (b) reverse-engineer, scrape, cache or systematically extract data from the Portal; (c) use any automated means (including bots or crawlers) to access the Portal without Tytlees’ prior written consent; (d) make speculative, fictitious or fraudulent Bookings, or Bookings for a Guest that has not authorised the same; or (e) engage in any conduct that could damage, disable or impair the Portal or interfere with any other user’s access to it.
- You shall comply with all applicable laws in the conduct of your business as a travel agent, including consumer protection and foreign exchange laws, and shall hold and maintain all licences, registrations and consents required to lawfully carry on such business.
- Breach of this Clause 8 shall entitle Tytlees to suspend or terminate your registration with immediate effect under Clause 14 (Suspension and Termination), without prejudice to any other right or remedy available to Tytlees.
- You shall not directly negotiate, agree or vary any commercial or Booking-related terms with a Hotel, and any dispute, discrepancy or claim relating to a Booking, Rate, commission or Hotel policy shall be raised with, and routed exclusively through, Tytlees for resolution. Tytlees shall not be bound by, and shall have no liability in respect of, any arrangement or understanding purported to be reached directly between you and a Hotel without Tytlees’ involvement.
9. Guest Data and Data Protection
You shall comply with all applicable data protection and privacy laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 and rules made thereunder, in relation to the collection, storage, processing and transfer of personal data of your Guests submitted through the Portal, and shall implement reasonable security practices and procedures to protect such data. You shall obtain all consents from your Guests necessary for the sharing of their personal data with Tytlees and the relevant Hotel for the purpose of processing Bookings. You shall indemnify Tytlees against any claims, damages, liabilities or penalties arising out of your breach of applicable data protection laws.
10. Confidentiality
You acknowledge that Rates, inventory, business terms and other information made available to you through the Portal constitute confidential and proprietary information of Tytlees and/or the relevant Hotel (“Confidential Information”). You shall keep such Confidential Information strictly confidential, shall not disclose it to any third party without Tytlees’ prior written consent (save to your employees on a need-to-know basis who are bound by like obligations of confidentiality), and shall not use it for any purpose other than making Bookings in accordance with these Terms of Use. This obligation shall survive termination of your registration for a period of three (3) years.
11. Intellectual Property
- Tytlees and its licensors retain all right, title and interest in and to the Portal, the “Tytlees” name, logo, domain name www.tytlees.com and all associated content, software and technology, save for content furnished by Hotels or by you.
- No licence or right in respect of Tytlees’ intellectual property is granted to you except the limited right of access set out in Clause 4 (Access to the Portal and Licence), which shall cease immediately upon termination of your registration.
- You shall not use Tytlees’ name, logo or trademarks in any manner, including as a keyword in search engine advertising, without Tytlees’ prior written consent.
12. Disclaimer and Limitation of Liability
The Portal, and all Rates, inventory and availability information displayed thereon, are made available on an “as is” basis as furnished by Hotels; Tytlees does not warrant the accuracy, completeness or currency of such information and shall not be liable for any error, omission or discrepancy therein save where directly caused by Tytlees’ gross negligence or wilful misconduct. Save in respect of the indemnification obligations under Clause 13, breach of confidentiality under Clause 10, or Tytlees’ gross negligence or wilful misconduct, in no event shall Tytlees be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, loss of profits, revenue or goodwill, arising out of or in connection with these Terms of Use or your use of the Portal, whether in contract, tort or otherwise, even if advised of the possibility of such damages. Tytlees’ aggregate liability to you under these Terms of Use shall, in any event, not exceed the aggregate commission/margin actually earned by Tytlees from Bookings made by you in the twelve (12) months preceding the event giving rise to the claim.
13. Indemnification
You shall indemnify, defend and hold harmless Tytlees and its officers, directors, employees and agents from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) any breach of these Terms of Use, including any representation or warranty, by you; (b) your violation of any applicable law; (c) your gross negligence or wilful misconduct; or (d) any claim by a Guest or third party arising from your acts or omissions, including in relation to a Booking made by you.
14. Suspension and Termination
- Either party may terminate a Travel Agent’s registration and access to the Portal for convenience by giving the other thirty (30) days’ prior written notice.
- Tytlees may suspend or terminate your registration and access to the Portal with immediate effect, by written notice, if: (a) you commit a material breach of these Terms of Use which, if capable of remedy, is not remedied within fifteen (15) days of written notice specifying the breach; (b) you become insolvent or are subject to winding-up/insolvency/bankruptcy proceedings; (c) you breach Clause 8 (Agent Obligations and Restrictions); or (d) Tytlees reasonably suspects fraudulent, unauthorised or unlawful use of the Portal by you.
- Upon termination or expiry of your registration: (a) you shall continue to honour, and remain liable for, all Bookings confirmed prior to the effective date of termination; (b) your access to the Portal shall cease; (c) you shall return or destroy Tytlees’ Confidential Information in your possession, save as required to be retained by law; and (d) any amounts accrued but unpaid as on the date of termination shall remain payable. Clauses 10 (Confidentiality), 11 (Intellectual Property), 12 (Disclaimer and Limitation of Liability), 13 (Indemnification) and 18 (Governing Law and Dispute Resolution) shall survive termination.
15. Force Majeure
Tytlees shall not be liable for any failure or delay in performing its obligations under these Terms of Use to the extent such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, fire, flood, epidemic or pandemic, strike, war, riot, terrorism or governmental action.
16. Relationship of the Parties
These Terms of Use are on a principal-to-principal basis. Nothing herein shall be construed to create any relationship of employer-employee, partnership, joint venture or agency between you and Tytlees. Neither party shall have the authority to assume, create or incur any liability or obligation on behalf of the other. Registration on the Portal is non-exclusive, and Tytlees is free to register other travel agents, including your competitors.
17. Amendment
Tytlees may amend, modify or supplement these Terms of Use, including any operating guidelines, rate schedules and policies referenced herein, at its discretion, by posting the updated version on the Portal or otherwise notifying you. Such amendments shall take effect from the date specified therein, and your continued use of the Portal thereafter shall constitute acceptance of the amended Terms of Use.
18. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of India. In the event of any dispute, controversy or claim arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination (“Dispute”), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiations within thirty (30) days of a written notice of the Dispute. If the Dispute is not resolved within such period, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by Tytlees. The seat and venue of arbitration shall be New Delhi, and the language of arbitration shall be English. Subject to the foregoing, the courts at New Delhi shall have exclusive jurisdiction over all matters arising out of or in connection with these Terms of Use.
19. Miscellaneous
- Notices. All notices under these Terms of Use shall be in writing and delivered to the addresses/e-mail IDs provided at registration, or to Tytlees at hello@tytlees.com.
- Assignment. You may not assign or transfer your rights or obligations under these Terms of Use without Tytlees’ prior written consent. Tytlees may assign these Terms of Use in connection with any sale, merger or reorganisation of its business, upon notice to you.
- Severability. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
- Waiver. No failure or delay by Tytlees in exercising any right under these Terms of Use shall operate as a waiver thereof.
- Entire Agreement. These Terms of Use, together with any operating guidelines and policies incorporated by reference, constitute the entire agreement between you and Tytlees with respect to your use of the Portal and supersede all prior understandings relating thereto.
20. Support and Grievance Redressal
For any queries, support requests or grievances relating to your use of the Portal or these Terms of Use, you may contact Tytlees as follows: Support Email: it@tytlees.com; Support Contact Number: +91 9811552121; Support Hours: 9:00 a.m. to 6:00 p.m. (IST), Monday to Saturday, excluding public holidays. Tytlees shall endeavour to acknowledge and address all queries and grievances within a reasonable time.
By registering as a Travel Agent on the Portal, you confirm that you have read, understood and agree to be bound by these Travel Agent Terms of Use.