Booking Terms & Conditions
Basil Leaf Holidays LLP is marketing and / or co-ordinating package tours (hereinafter for sake of brevity referred to as “Tours”) under its brand name Basil Leaf Holidays LLP.
- You / Client / Customer / Tour Participant: means and includes the Lead Passenger and on whose behalf the booking is made and/or the person making the booking.
- We / Us/ Company: means Basil Leaf Holidays LLP
- Infant / Child: An ‘Infant’ means a person below the age of two years, and a ‘Child’ means a person from the age of two and below the age of twelve years.
- Adult is a person whose age is more than 12 years as in the date of commencement of travel.
- Independent Contractor: means supplier of any infrastructural facility and shall include Hotels , Airlines, Caterers, Restaurants, places of entertainment like Theme parks, Museums, Art Galleries and the like, Railway, Ferry, Cruise, Coach; t our guide, leisure or adventure activity operator / conductor or any other person or organization selected by the Company to render services to the Tour Participant.
- GST means and includes Goods and Service Tax. Company’s Tours are sold subject to the present Terms and Conditions, as well as ‘How To Book Your Tour’ rules and the contract between the Company and the Tour Participant shall be governed by both the rules. No person including the employee/s and the agent/s of the Company even in writing has the authority to alter, amend, modify or waive any stipulation, representation, term or condition set forth in this document. Also assurance of any service or facility given by any employee/ agent of the Company, which is contrary to what is set forth in the brochure, price grid, and invoice, shall not be binding on the Company under any circumstance whatsoever.
- All tours are subject to prevailing laws, rules of RBI/GOI. Rights of admission to the tour expressly reserved.
We strive to make the contents of the brochure as accurate as possible and print it much ahead of actual travel period. It describes services/ amenities that are available under normal circumstances. However events, circumstances and factors beyond our control like traffic, bad weather, fairs, festivals, political unrest, riots, strikes, landslides, change of management/ closure of hotels/restaurants, over booking of hotels/ flights, cancellation/ re-routing/ rescheduling of flights, rail or roadways, closure of/ restricted entry at a place of sightseeing, less booking than the minimum number of seats to operate the group( applicable only for group tours) can affect the availability of services and necessitate change of routes/ itineraries. It may even necessitate stay in hotels in alternate cities or away from the one mentioned in the brochure / Itinerary. While every effort is made to maintain our services and follow the itinerary in the brochure/ itinerary , in few unavoidable instances we reserve the right to alter, amend, cancel, change or modify the itineraries. Where we come to know of the changes/events sufficiently in advance we will notify you during booking or prior to departure. Otherwise our tour manager or local representative will inform you of the changes on the spot and we solicit your full co-operation in accepting such circumstantial changes. Therefore no grievance regarding any itinerary/ service change which we are constrained to make, will be entertained from the Tour Participant during or after the tour.
SCOPE OF ACTIVITY
The Company is a travel and holiday organizer. We do not own/ control/ operate any Airline, Cruise lines, Railways, Coach Company, Hotel or any other independent contractor or service provider in relation with services mentioned in this brochure. Though we select all the ingredients, independent contractors, service providers for your holiday with due care we cannot assume responsibility for delay, deficiency or default if any in the services of such independent contractors, service providers, their management or staff leading to any injury / death/ loss/ damage to property or any such eventuality which do not fall within the scope of our normal selection and inspection process whilst engaging them. We are also not responsible for delay or deficiency in services of all independent contractors/ service providers that may be borne out of any act or actions of co-traveler, co- participant which may result in Tour Participant not availing some or all services on the tour as per brochure.
Hotels selected for each tour is set out in the brochure/ final confirmation , As you will be outdoors most of the time sightseeing we select hotels which are convenient and comfortable whilst keeping cost down. We take extra care to select hotel locations in either the city centre or away from it depending on the tour journey and availability. Hotels at some destinations may not have air conditioner or fan due to favorable weather condition. Due to trade fairs and conventions in the cities, the hotels may be blocked out for more than 2 years in advance. In view of this you may have to stay in hotels further away from the cities and itineraries may h ave to be altered/ amended. As hotel rooms are smaller we recommend maximum 3 persons in a room for your own comfort. Triple rooms are usually no larger than twin rooms, and the third bed is often a roll-away cot put in a twin bedded room for the night. How ever, in some international destinations there is no concept of roll-away bed. As a third person in a triple room, no extra bed or cot will be provided apart from the 2 queen size beds in the room. All baggage and personal effects are at all times and under all circumstances responsibility of the Tour Participant. The Company shall not be responsible or liable in case of loss of any such items from the hotel premises/coach/Airport/during travel or visit, etc. Some hotels offer facility of safe deposit lockers, which can be availed by the Tour Participant at their own cost and risk. The Company will not be liable for any loss/theft of the same. You need to be vigilant about your baggage and personal belongings. Any damages caused to the Hotel rooms or its belongings/ coach/ vehicle/ place of visit etc. during your stay/ tour/ visit, shall be borne and payable by you and the Company will not be liable for the same. Company is not liable if there is sudden disruption/ disorder of telephone, internet services, and other amenities while staying at the hotels. The client will have to abide by the check in/ check out time of the hotel. Any changes made directly by the Hotel come under their purview and we will not be liable for any compensation due to this change. Unprofessional behavior of the hotel staff does not come under the purview of the Company and the Company will not be responsible for the same. Facilities like mini bar, pay television channels, telephone etc. are not complimentary and these facilities if used by the client have to be paid for by the client directly to the hotel and such charges are not included in the tour cost.
CHILD ACCOMMODATION (UNDER 12 YRS)
It is expressly stated and it be understood that any child below 12 years paying the special ‘without bed’ rate will not be provided bed in the hotel under any circumstance. In case the Tour Participant on his own makes a change in rooming while on tour the Company will not be bound to refund or pay compensation towards such change/s. If any such change in rooming by the Tour Participant attracts additional charge he/she shall be bound to pay the same directly to the concerned hotel.
The Airlines are operating at its own rules and regulations. Each Airport and Airlines have different set of norms which would be strictly adhered to and the Company has not control over such norms. The Company shall in no circumstances whatsoever be liable to the Client or any person travelling with him/ her for Loss of Baggage by the Airline, Failure to provide meal of the Clients choice by the Airline, Overbooking of seats by the Airline, Failure on the part of Airline to accommodate Client despite having confirmed tickets, failure on the part of Airline to provide a seat of your choice during the travel by plane, Meals offered by the Airline / quality of meal, Flight delay, if the Client misses the flight, Changes of flight schedule/ routing/ airline mentioned at the time of booking, in this condition the expression “howsoever cause” includes willful negligence on the part of any person. If in the event that the Client is booked on a particular Airline on the flight, the client shall not hold the Company responsible for the same and no claim whatsoever can be made by the client against the Company. Airport taxes/ Airport Development Fee as applicable to be paid over and above the Tour cost should there be a rise post the printing of the brochure. All the booking/ cancellation/ changes of the airline ticket and the travel on such airline ticket will be subject to the terms and conditions of respective Airlines and the same may be provided to the client by the Company upon request, if available.
Tour Participants traveling by air will be subject to the airline restrictions/limitation on baggage weight/ size/pieces. You are required to confirm the baggage allowance with the respective airline before your departure. All baggage and personal effects are at all times and in all circumstances the responsibility of the Tour Participant and Company shall not be liable for their loss by airline/cruise/coach or any other carrier whilst on the tour. Tour Participants are advised to carry valuables on their person at all times. Wherever Safe Deposit Lockers are available you are advised to avail this facility in safeguarding valuables. In hotels/locations without this facility you should take all the necessary precaution in protecting your valuables. Company or any of the carriers used or its representative/s will not be responsible for loss of valuables or for making good such loss. Due to theft/ loss of baggage, Tour Participant can lodge a complaint with the local authorities on his/ her sole discretion, cost, risk and consequences.
HEALTH AND INSURANCE
It shall be the duty of the Tour Participant to inform the Company during booking of the tour if he/she has a medical condition that may affect his/her ability to enjoy and pursue the tour arrangements fully as per the itinerary mentioned in the brochure. Place of certain tours might not be suitable to individuals. Hence, we suggest that individuals may choose tours as per their medical conditions. The Company reserves the right where ever warranted to insist on medical fitness certificate any time prior to departure.
It is highly recommended that the Tour Participants acquire adequate insurance cover to secure their life, health and property as may be advised by your insurance agent to cover any eventualities associated with your domestic / overseas travel including health, accidental injury, loss, liability and the like depending on your assessment of your risk potential. Insurance if any, included in the tour price may be the standard travel care insurance policy upto 60 years of age provided by a third party insurance service provider and the scope of the cover may be limited in nature, the details of which shall be provided to you at the time of confirmation of your booking. The Tour Participants are advised to discuss your insurance needs directly with your insurance agent before proceeding on the tour and at your own cost procure any additional cover as may be advised. Please note, Insurance is the subject matter of solicitation, please read the terms and conditions of the insurance document carefully before finalizing your desired insurance cover.
Please note that the Tour Participant would have a direct contractual relation with the insurer and the Company is only a facilitator. Tour Participant shall therefore check the accuracy and correctness of the insurance policy and in case of any error or lapse report the same to the Insurer directly and get the same rectified by them, as the Company would not be responsible for the same.
In the event the medical condition has not been disclosed, the Company is not liable to provide any assistance or money back. The policy wordings and Terms and Conditions mentioned in the Insurance Policy will be applicable in case of any medical emergency.
All Tour Participants should hold valid travel documents viz. Passport and visas for travel or personal identification documents such as AADHAR card or Voter ID card for Bhutan permit. It will be the Tour Participant’s responsibility to apply for visa with complete set of documents required by the embassy/consulate within the stipulated period as advised by the Company. In the event the visa application made by Tour Participant or by the Company on his/her behalf is rejected by the consulate due to either inadequate supporting documents or for whatever reason or where the visa could not be processed due to late submission of application by the Tour Participant the Company shall not be liable for the eventuality and lead to forfeiture of booking amount paid and no claim whatsoever shall be entertained for the same. All cost, charges in respect of the said visa application shall be borne by the Tour Participant. Visa fees are non-refundable under any circumstances whatsoever.
However due to rejection of visa or non-processing of visa application due to any circumstances if the Tour Participant is unable to travel on the tour originally booked he/she shall have the option to postpone the tour to another available date or change to any other tour by paying transfer charge. The Company would not be responsible in any way in case of any clerical error regarding name, attachment of wrong photograph, duration and type of visa (single / multiple entry) occurring on passport, refusal of an entry visa and delays in grant or refusal of an entry visa.
Where passport is required to be mailed for visa / POE to different cities, Company would mail them by reputed courier. In case of transmission delays or loss of passport arising out of such transmission Company would not be responsible to compensate the Tour Participant for any consequence/s thereof.
Further the Company should not be held liable in case of loss of documents given by you in support of your visa application to the concerned consulate / embassy. The position in respect of cancellation of Tour by the Tour Participant due to non – availability of travel documents would not change only by virtue of the Tour Participant having lost such documents.
In the event of Company exercising its right to amend/alter any tour/holiday advertised in brochure subsequent to booking of the same by the Tour Participant, such Tour Participant shall have the option either to…
a) Continue with the tour or holiday as amended or altered or…
b) Accept any alternate tour or holiday which the Company may offer.
In either case Company will not be liable to refund or compensate the Tour Participant for any consequential loss, damage or additional cost. In the event that the Company is unable to conduct a particular tour for whatever reason and the Tour Participant is not exercising any of the above two options then it shall at its own discretion refund whatever amount collected towards the total cost of the tour without any interest after deducting actual expenses incurred on the services like visa charges, travel insurance, retention charges of the overseas suppliers and the like. The Tour Participant will not be entitled to raise any grievance in respect of the same.
If you wish to reschedule your travel you shall have to pay an additional charge as applicable. Such Request (should be in writing) would be considered subject to availability of seats in the group/ individual booking class for the given dates & ticket validity. Such deviation should be intimated to us less than 40 days prior to the scheduled departure date. If the deviation date is given less than 40 days prior to the departure date or if the tickets are already is sued, the exact additional charges will be advised to you on Confirmation of the deviation date. Taxes applicable extra.
The deviation request will be subject to availability and payment for the same does not guarantee the date requested. In case the dates requested by you are not available; the company will allot alternate dates accordingly, subject to seat availability in the group booking class. However incase the client wants to travel on a particular date only, and the same is not available in the group/ individual booking class, the difference in amount has to be borne by the client. With reference to transport while on tour – In case passenger wants to take a deviation guest has to pay the difference as applicable irrespective of deviation in kilometers or in hours as the tour costing is done on the basis of the exact tour itinerary approved by you.
CONDITIONS OF TRAVEL
The Tour Participant will have to strictly follow the Tour Program and return to India ( applicable for international tours) as per the validity of the air ticket. Those Tour Participants not travelling with the group throughout the Tour shall under no circumstances be entitled to any refund. It shall be noted that for all purposes, it shall be the responsibility of the Tour Participant to reach the place of commencement of the Tour and register with the representative of the Company at the appointed place, date and time. The Company is not responsible or liable if the Tour Participant does not reach the place of commencement of the Tour on time or if prior to his departure he loses his travel documents and / or baggage. In such a case, his booking will be treated as cancellation as in No Show.
Tour Participant shall not behave in a manner which may cause distress or annoyance to co-tour participants or co-travellers or which may endanger or damage property of the Company, co-tour participants, co-travellers or any other/s. Each of the booking conditions shall be severable from the other and if any provision be invalid, illegal or unenforceable the remaining provisions shall nevertheless have full force and effect.
The prices quoted in the brochure/quotation are calculated based on rates prevailing at the time of printing the brochure/ itinerary. The Company reserves the right to amend before the date of departure any tour price published in the brochure and accordingly recover applicable surcharges to make up for applicable currency fluctuations, changes in the various cross rate of exchange, fuel costs, interest rate on holiday loans and the like. All such increases in price must be paid for in full before departure by the Tour Participant.
REGISTRATION AND PAYMENT
Tour Participant is supplied the tour brochure narrating the tour details. The tour participant and/or his Travel agent by signing the booking form accepts the booking conditions mentioned in this document, not only on his behalf but on behalf of the all the Tour Participants mentioned in the booking form. In cases where only travel agent signs the booking form for and on behalf of the tour participant/s it shall be deemed to have been signed under due authority of the tour participant/s mentioned in the form. In cases where Tour Participants belong to more than one family under one form it shall be signed by head of each family. Signing of the booking form and payment receipt issued for payment made towards part consideration of the tour shall be a legally binding contract between the parties. The signing of the booking form shall mean acceptance by the Tour Participant in totality of the terms and conditions contained herein. The Company reserves the right to decline to book any person/s as tour participant/s for any tour without assigning any reason whatsoever.
There is no contract between the Company and the Tour Participant until the Company has received the specified non-refundable interest free booking amount. The Client confirms that with regard to the booking, the address of the Lead Passenger as mentioned in the Booking Form is accurate and complete in all aspects, and the said address will be used by us for determining the “location of the service recipient” for the purposes of levy of GST.
The full payment must be received in accordance with the procedure laid down in the final confirmation and payment schedule there in.. If not paid in accordance with the payment schedule the Company reserves the right to cancel the booking with consequent forfeiture of booking amount and apply scale of cancellation charges as mentioned in the brochure. Any payment made to the Tour participant’s travel agent by the Tour Participant would not constitute payment to the Company until the same is remitted to the account of the Company. The PAN Card copy will be mandatory for all the payments. The payments to be done only to the account details given in the final confirmation.
The Company reserves the right at any time and/or for any reason whatsoever to …
a) Terminate the contract after acceptance of booking amount but prior to the commencement of tour. In the event, the Company terminates the contract; it shall/will refund the booking amount to the Tour Participant without payment of any interest thereon after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of overseas suppliers and the like …
b) Amend, alter, vary or withdraw any tour, holiday, excursion or facility it has advertised or published or to substitute an independent contractor of similar class if it is deemed advisable or necessary. In either case, the Company shall not be liable towards any consequential damage, loss or extra cost suffered by the Tour Participant or to pay any compensation to Tour Participant.
It is hereby declared that the immunity provided under this contract shall be avail able to the Company’s Managers, including Tour Managers, Employees, Servants and Agents but not to the Independent Contractors selected by the Company.
FORFEITURE OF BOOKING AMOUNT
The Company shall be within its rights to forfeit the non-refundable interest free booking amount paid by the Tour Participant along with the completed booking form for confirmation of the seat(s) on the booked tour and also to recover scale of cancellation charges set out herein below
a) In the event the Tour Participant either cancels the booking or fails to adhere to the tour payment schedule set-out in the documentation check list handed over to the Tour Participant after booking
b) In the event his/her visa of any country(ies) is not granted or
c) In the event Tour Participant is unable to travel on the tour booked due to any reason whatsoever, including medical grounds. Forfeiture of booking amount will also be governed by the rules of “travel now pay later ” scheme.
The Company reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Tour due to Force Majeure or Vis Majeure. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators, airlines and the like and the decision of the Company on the quantum of refund shall be final and binding on the Tour Participants. In case the Company exercises its discretion to alter, amend or cancel any tour advertised in the Brochure and the Tour Participant who has registered for such tour exercising the option to continue with the tour as altered or amended, or to accept any alternate tour which the Company may offer, the Company shall not be liable for any compensation, damage, additional expense or consequential loss suffered by him/her or to pay any amount as refund to the Tour Participant.
Even in case of a Tour for which the payment was made in Foreign Currency if any, with or without part payment in Indian Rupees the said refund shall be made only in Indian Rupees at prevailing rate on date of refund as per existing Rules and Regulations.
Refund (if any) for amendments and/or cancellation will be paid directly by cheque to Tour Participants by the company. It would take 45 days to process refund and 60 days if tickets are already issued. There shall be no refund if the Tour Participant fails to join the Group/ itinerary confirmed at t he commencement of the Tour, or joins the Group itinerary late or leaves the Group / itinerary before culmination of the Tour. If the Tour Participant along with his family is compelled to discontinue the tour due to any reason such as illness, death, loss of passport, no claim shall be entertained for refund of un-utilized services. There shall be no refund if the Tour Participants does not or cannot utilize any service included in cost of tour like meals, rooms, excursions, extra bed and the like nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.
As we book services such as Airline / Hotel accommodations/ ground transportation etc. in advance and are bound to honour the payment commitments to service providers, cancellation of services earmarked for a particular departure results in the Company losing money depending upon the time of communication of cancellation to the supplier. Therefore any cancellation of tour booking by Tour Participant will attract cancellation charges as mentioned below:
|When a cancellation is made||Domestic tours||International tours|
|45 days or more prior to the departure of the Tour or in case of ‘non-payment’ of the Balance amount||Rs. 20,000/-||Rs. 40,000/-|
|44 to 15 days prior to the departure of the Tour||Rs. 30,000/-||Rs. 80,000/-|
|14 to 06 day prior to the departure of the Tour||Rs. 40,000/-||Rs. 100,000/-|
|05 day prior to the departure of the Tour or in case you are a “No Show” for the Tour||100% of the Tour cost||100% of the Tour cost|
In case the Tour Participant wants to cancel their tour booking for any reason, the same must be intimated in writing to the Company and deliver it to the concerned officer that the Tour Participant is dealing with at the sales outlet and obtain an acknowledgement. The letter must clearly mention the names of all passengers who want their bookings to be cancelled along with the reason for cancellation. In the event of the Tour Participant cancelling a third party tour/services booked through the Company, the Terms and Conditions of such other Tour Operator, including their payment schedule, cancellation, refund and the like shall be applicable, in addition to Company’s cancellation rules. Tour participant should intimate in writing citing reason for cancellation. If the Booking Form has been signed by one or more persons for themselves and for others mentioned in the form, communication signed by such signatories would be treated as valid communication for cancellation of all such persons mentioned in the form. The computation of the period of notice of cancellation shall commence only from the time the written request reached the Company at its sales outlet during office hours. ( 0900hrs to 1800hrs Monday to Friday only)
The Company reserves the right to cancel any Tour prior to departure, without assigning any reason. In such an event, all monies paid by you will be fully refunded forthwith in Indian Rupees currency only, but no compensation will be payable. In case of cruises, 100% of the cruise cost paid will be forfeited in case of any cancellations, irrespective of time of cancellation. The company cannot assume responsibility for any additional cost or any fees relating t o the issuance and / or cancellation of air tickets or other arrangements not done through the company. The comp any reserves the right to forfeit the booking deposit in case of any cancellations. However, passengers whose visas are not granted by the consulates must intimate us at-least 45 days in advance of the date of commencement/departure of the tour, at which time the company will deduct INR 5,000/- per person towards Guidance Charges over & above any other actual expenses, if any, incurred and refund the balance amount. However if such intimation is received after the said period of 45 days prior to the date of commencement/departure of the tour, the cancellation charges will be applicable as per the cancellation rules mentioned above .
Cancellation due to visa rejection: All clients travelling on Basil Leaf Holidays LLP tour must be in possession of a valid passport (with a minimum validity of 6 months from the date of travel) and obtained any visa required. However, kindly note that it is entirely the discretion of the concerned Consulate/ Authorities to grant/ reject visa even after submitting all relevant documents and the company will not be held responsible for the same. The company will not be responsible for non – issuance of visa due to receipt of incomplete or delayed documents from the clients. It is possible that the Consulate may as the passengers for additional documents or to appear for a personal interview. This is the sole discretion of the Consulate/ Authorities. Passenger whose visas are not granted by the Consulate will have to pay the administrative charges apart from the visa expenses and the balance deposit amount will be refunded. Cancellation charges which occur on account of visa rejection will need to be borne by the client
CURRENCY AND TRAVELLERS CHEQUES
We suggest you take your holiday spending money mainly by credit / debit cards so that there will be less of cash hassled for domestic tours, for international tours partly in currency or Travel Currency Card. Alternatively you can take a Travel Currency Card, which is by far the safest way to carry money and make payments. The card gives you anytime access to your cash at over 8,00,000 MASTER CARD ATM’s and in any denominations you wish to withdraw. This card is also accepted by over 12 million visa electron merchant outlets across the world.
GROUP HOLIDAYS TERMS
COACH / SEATING
We use air-conditioned / air-cooled luxury cars / coaches wherever possible. However, sometimes due to extreme weather conditions the same may not seem to be very effective. We find it fair to enforce daily seat rotation in the coach and hence do not allot seat number. On Asia tours the daily travel time by coach is roughly 8 hours under normal conditions. On International tours – Coaches are equipped with emergency washroom for use strictly in emergency since we provide frequent comfort stops during the journey. The Company will not be responsible for any defect in the coach or in the Air- conditioner / air- cooler or for the behavior of the Driver or the attendant. If you are carrying any high value items on the coach, we advise you not to leave them behind when you leave the coach. We will not be responsible or liable in case of loss of such items from the coach. All baggage and personal effects are at all times and in all circumstances your responsibility. Any damages caused to the coach during your travel, shall be payable by you and the company will not be liable for the same. The drivers are bound by specific rules, like maximum driving hours within a day and during a week, rest period per week etc Clients will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel, otherwise certain sightseeing schedules may be missed due to your actions/delays and the same will be non – refundable.
MEALS AND SPECIAL REQUESTS
Breakfast / lunch / dinner wherever provided on tour is on pre-set menus. The meal type is clearly indicated in the brochure / final confirmation. Unlike an airline, we cannot process request for special meal or specific diet. However, if Tour Participant intimates this while booking and if it is feasible we will try to provide them( can not guarantee) . We however, reserve our right to change the meal arrangement where circumstances compel us to do so. Where meal/s are missed by Tour Participant at his/her own will or due to late/non arrival at announced meal timing no compensation for such missed meal/s is claimable. Special requests for room allocation, diet consideration on tour/ cruise/ flights etc. must be given in writing at the time of booking, but all such requests shall be subject to avail ability. The Company will not be held liable for claims or damages or consequential loss if the company is unable to process such requests for want of availability.
Tours specified in the Brochure are subject to minimum participation of paying Participants. If the participation is below the minimum prescribed, the Company reserves the rights to amend, amalg amate, alter, vary, or cancel a Tour without incurring any liability to pay any compensation. If Company decides to operate t he tour with participation below the minimum stipulated the Company reserves the right to collect additional pro -rata amount.
Tipping is customary in all parts of the world for services rendered. Your tour manager / briefing sheet will guide you in this regard.
We may often operate more than one coach per departure date. For the comfort and convenience of our Tour Participants we may reverse the direction or slightly amend the itinerary which will be advised either at the start of the t our or on tour. In the event any Tour Participant misses part / whole of the sightseeing tour or any such tour due to delay / indisposition or any other reason whatsoever on his part, then he will not be entitled to claim any refund. We will advise you of these amendments, prior to the start of the tour or on tour. We may modify the itinerary based on various factors like mainte nance of historical monuments, museums, major events like sports conventions, religious festivals, etc. We may take a detour to reach sightseeing places due to traffic conditions; road blocks and that may vary the course of itinerary. We reserve the right to change the departure date or cancel a departure due to lack of enough number of passengers and will not take any responsibility for any ticket of the client which they may have purchased in advance for sector within India or abroad. Individuals are responsible for the adherence of time at all stages of the tour. In the event that a client misses on any part of the sightseeing tour or any such tour due to delay on his part, he will not be entitled to claim refund of the same. The company shall not accept any liability or responsibility for any damages, loss, baggage loss, injury, accident, death, breakdown, or irregularity, which may occur in carrying out the tour arrangement, weather conditions, political unrest, riots, strikes, war, quarantine and any oth er cause whatsoever and all such loss or expense must be borne by the passengers. We reserve the right to claim any additional expenses incurred due to delay or changes in schedules of train, aeroplane, bus, ship or other services. We further reserve the right to amend, alter, vary or withdraw any particular departure; excursions advertised or substitute a hotel of similar category if deemed necessary. For the convenience of our clients we will sometimes amend / alter the itinerary, however all services will remain the same.
TOURS AND ACTIVITIES
Where your tour involves adventurous activities, you acknowledge that the nature of tour may involve a significant amount of personal risk, including by way of example, personal injury, disease, loss or damage to property, inconvenience, and discomfort. You further acknowledge that you are fully aware of the risks of injury associated with your participation in these various activities and agree to voluntarily assume all such risk. We provide some of these services by booking services through third party operators. We have no control over the operators and accept no liability or responsi bility (in either case of any kind), other than as expressly set out in these Terms, for the actions or omissions of the operators (of any kind and including without limitation any negligence or de liberate or wilful actions or omissions) or for any circumstances that have an adverse impact on the ability of the operators to provide any services or to provide them on time. This exclusio n of liability relates to any form of personal injury (including death), any form of property damage, and any kind of cost, expens e, loss, damages (including without limitation any form of loss of income or profit) or compensation.
In furtherance to the refund clause mentioned above, there shall be no refund if the Tour Participant fails to join the Group at the commencement of the Tour, or joins the Group late or leaves the Group before culmination of the Tour.
CUSTOMISED HOLIDAYS TERMS
In customized holidays, usually all transfers and sightseeing tours are provided on Seat-in-coach (SIC) basis for international tours and for domestic tours private cars are exclusively booked for you. Though the FIT tour allows exclusivity and flexibility, the drivers strictly follows the routes & places of interest as mentioned in the itinerary booked by you. Variation made locally in the places to see & driving routes or visiting a place not mentioned in the itinerary may cost additional, that shall be advised to you by the Company and has to be paid directly to the driver. SIC are seats in a coach on a shared basis and operate at specific time. Passengers can pay additional and upgrade their transfers /sightseeing on private basis which are usually provided in a combi van.
In the event any tour participant misses part / whole of the sightseeing tour or any such tour due to delay/ indisposition or any other reason whatsoever on his part, then he will not be entitled to claim any refund.
MISCELLANEOUS TERMS AND CONTIONS OF PASSAGE
These conditions are applicable to every Client of the Company who books a brochure Tour or any Special Tour or travel arrangement. In the event of a client booking a Tour through the Company and/ or Tour Arrangement of any other Tour Operators like ______________ ___________ __________ . the “Terms and Conditions” specified by such Tour operator, including their payment schedule, cancellations, refund etc. shall be applicable, in addition to the Company’s “Terms and Conditions” while determining the contractual relation between the Client, the Tour Operator and the Company.
There is no contract between the Company and the Client until the Company has received the initial deposit amount as per confirmation / as conditions approved in writing.
No person other than the Company, in writing, has the right to vary, add, amplify or waive any stipulation, representation, term or condition in the brochure or the present terms and conditions.
The prices quoted in this brochure have been calculated at the rate prevailing at the time of printing of this brochure. The Company reserves the right to amend the prices published in this brochure/ tailor maid itinerary in case of currency fluctuations, changes in the various gross rates of exchange, and/or fuel costs, special/high season charge levied by the suppliers, hike in the airline/rail charges before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the Departure by the Client.
The Client will have to strictly follow the Tour Program and other guidelines informed to you from time to time and return to India as per the tour itinerary. There shall be no refund, if the client fails to join the group at the commencement of the tour, or joins the group later or leaves the group before culmination of the tour. It shall be noted that for all purposes, it shall be the responsibility of the Client t o reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time. The company shall in no circumstances whatsoever be liable to the client for:
- Any over stay expenses due to delay or changes in bus/ air/ trains/ ship/ or cancellation of special bogie or other services due to sickness, weather conditions, strike, war or any other cause whatsoever.
- Sightseeing missed & /or program being cancelled after the commencement of the tour & before the due period due to any unavoidable situations which are beyond our control. Any Loss/Damage of baggage by the Airlines/Hotels/Coach/Cruise.
The tour is subject to RBI/ GOI rules & regulations. Part of the tour cost will be paid in EURO/ USD/ AUD out of your BTQ.
Initial deposit just ensures only registration/ participation on the tour but does not entitle any services like Tickets, Visas, and Hotel Accommodation and other travel services until full payment has been received.
In case company offers any adventures activities then it is significant to note that all the passengers should enjoy such activity/ ride at their own risk as such kind of adventure might be risky at times especially for heart patients, expecting women, people with Blood Pressure, asthma etc.
The Company, reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers and the Company shall be under no liability to any such person. It is hereby declared that the immunity provided under this contract shall be available to the Company’s Managers, including Tour Managers, Employees, Servants and Agents but not to the Independent Contractors selected by the Company.
If you book with your own travel agent and your booking with that agent includes, but is not limited to Basil Leaf Holidays LLP arrangements, your contract is with your travel agent and Basil Leaf Holidays LLP is simply an agent to your travel agent.
In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance of the country is published. In the cast of one of more but not all passengers. signing ‘Booking Form’ it shall be deemed that others have duly authorized concerned signing passenger/(s)
We cannot endow with individual aid to any of the tour member for walking, dinning, getting on & off from any of the transport vehicle or other personal needs. So it is indispensable that a qualified companion must accompany such traveler who needs such assistance. In the absence thereof, such traveler will be joining the tour on his own risk and consequences.
Company solely reserves the right to publish group photographs of the passengers taken during the tour.
Distance, temperature & pre / post tour accommodation prices given in the Brochure / final confirmation are approximate & are subject to change. Photo of meals & sightseeing publishd in the Brochuer / final confirmation are only for reference & may change from actual meals served / sights.
Client hereby expressly consents and authorizes the Company to share his/her or his/her family/group information or data to any Supplier, Independent Contractor or third party for the purpose of providing services to the Client. The Client’s aforesaid consent and authority also extends to all such third party products, items and offers including sim cards which the Company may offer for free along with the Tour package ( applicable for specific international tours only) and which is not being separately sold to the Client.
The Company does not guarantee or warranty that the products, items and offers offered to the Client along with the Tour pack age shall be of a superior quality or that it shall meet the expectation of the Client or that the performance of the pro ducts, items and offers shall be satisfactory. These products, items and offers are offered by the Company to the Client on “AS IS”, “WHERE IS” and “HOW IS” basis, free of cost to the Client without any liability, risk o r responsibility on the part of the Company.
PRIVACY OF INFORMATION
The Company treats all the information furnished by you as confidential and will share only the necessary information with airline, hotels and other service providers who will provide the services to you during your tour. However the Company may be constrained to disclose the information furnished by you, if such disclosure is required by the law or by an order of a court or the rules, regulations or enquiry by any government / statutory agency having regulatory authority over the Company.
Any communication directed at the address or made through/on the contact details such as e-mail id, cell phone/telephone no./fax no. of the Client as disclosed in the “Booking Form” or made to the travel agent through whom the Client has made the bookings with the Company shall be deemed to have been communicated to and received by the Client. The Company shall not responsible for any error on part of mode of communication or the Travel Agent in this regard.
The Company shall be excused from the performance or punctual performance of any of terms and conditions/ services/ tour or part thereof as above, if the performance thereof is prevented or delayed by any cause beyond the reasonable control of the Company, which shall include acts of God, riots, wars, accidents, embargo, terror attacks, coup strike, natural calamities or requisition (acts of government) or delays/ negligence/ carelessness in the performance of the independent contractors caused by any such circumstances as referred herein. Any additional costs incurred by the Company, for the services provided to the Client, during the Force Majeure event, shall be paid by the Client.
Company shall under no circumstance whatsoever be liable to the Tour Participant or his co-traveler for:
- Personal injury, sickness, accident, loss, death, delay, discomfort, increased expense, consequential loss and/ or damage on account of theft howsoever caused.
- Temporary or permanent loss/damage to baggage/ personal effects howsoever caused. In this condition the expression “howsoever caused” includes willful negligence on the part of any person.
- Loss of baggage by the Airline/Cruise line/Surface transportation.
- Failure on the part of airline to accommodate Tour Participant/s despite having confirmed tickets.
- Airline not allowing Tour Participant to board the flight for reasons beyond the control of the Company.
- Damage or loss caused due to reasons beyond the control of the Company (Force Majeure Vis Majeure).
- Refusal to grant Visa by the consulate / embassy.
No liability on the part of the Company arising in anyway out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the same and shall in no case include any consequential loss or additional expense whatsoever.
If the Tour Participant has any complaint in respect of services of any independent contractor, he/she shall immediately notify the same in writing to the independent contractor and hand over copy thereof to the Tour Manager in order to enable the Company to take up the matter with the independent contractor.
Any claim or complaint by the Tour Participant must be notified to the Company in writing within 28 calendar days of the end of the Tour . No complaint or claim notified after this period will be entertained and the Company shall not incur any liability in respect thereof.
For all claims, disputes of whatsoever nature relating to the tours marketed / coordinated by Basil Leaf Holidays LLP the courts , forums and tribunals in Mumbai alone shall have exclusive jurisdiction.
I/We accept the booking terms & conditions.**
I hereby assure that the payments made for purchase of foreign exchange are out of the funds belonging to me (who is seeking to make the remittance) and the same are debited from my bank account or by cheque drawn on my account or by Demand draft / Pay Order or payment done through my Credit /Debit card(s). I undertake to submit all the required documents including Pan card, Passport, etc. for all the passengers travelling with me.
**This contract comes in force once the agreement is signed or acknowledged on mail.