Defination
You / Client / Customer I Tour Participant : means the person/s in whose name and/or on whose behalf the booking is made and/or whose name is on the booking form and invoice
We / Company : means 99 DESTINATIONS HOLIDAYS PVT. LTD. Infant I 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.
Independent Contractor : means supplier of any infrastructural facility and shall include hotel managements, airlines, caterers, restaurants, places of entertainment like theme parks, museums, and the like, railway, ferry. cruise, coach or any other person or organization selected by the Company to render services to the Tour Participant
Company's tours are sold subject to the following Terms and Conditions, as well as how to book rules and the contract between the Company and the Tour participant shall be governed by the same. No person including the employees and the aerials 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 laws, rules, of RBI/GOI. Rights of admission to the tour reserved.
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-tour participant which may result n tour particulars not availing some or all services on tour as per brochure.
Hotel
Hotels selected for each tour is set out in the brochure. As you will be outdoors most of the time sightseeing we select hotels which are comfortable whilst keeping cost down. Most hotel rooms have private bath or shower. We take extra care to select hotel locations in either the city centre or away from it depending on the tour journey. Hotels do not have air conditioner or fan due to favorable weather condition. 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 rollaway cot put in a twin bedded room for the night.
Child Accommodation (Under 12)
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 directly pay the same directly to the hotel concerned.
Meals
Breakfast / lunch / dinner wherever provided on tour is on pre-set menus. The meal type is clearly indicated in the brochure. 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. 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.
Coah / Seating
We conditioned / air-conditioned luxury coaches. We find it fair to enforce daily seat rotation in the coach and hen, do not allot seat number. On Europe tours the daily travel time by coach is roughly 8 hours under normal conditions. Coaches are equipped with emergency washroom for use strictly in emergency since we provide frequent comfort stops during the journey.
Tour Participants traveling by air will be subject to the airline restrictions / limitation on baggage weight / size / pieces. It is currently 20 kg per person on Economy Class for all destinations except on flights to USA and Canada where a person is permitted to carry 2 pieces of checked in baggage and one hand bag.
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 inline / 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.
Visa
All Tour Participants should hold valid travel documents viz. Passport and visas for travel. 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.
However due to rejection of visa or no 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 in the embassy consulate. Where passport is required to be mailed for visa I 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 to us in support of your visa application as the same were forwarded by us to the concerned consulate I embassy through third parties. In such case we will make our best efforts to trace the lost document and if still the same are not traceable we will assist you in obtaining alternative / certified copies of the thus lost documents from concerned authorities.
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 applied for such documents through the Company.
Amendments
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 etc. The tour participant will not be entitled to raise any grievance thereafter in respect of the same.
Itinerary Change
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 tour 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.
Refund
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, etc. 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 falls to join the Group at the commencement of the Tour, or joins the Group late or leaves the Group before culmination of the Tour. Ifthe 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 unutilized services.
Them shall be no refund if the Tour Participants does not or cannot utilize any service included in cost of tour like meals, rooms, excursions, etc. nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.
Cancellation
As we book services in advance and are bound to honor 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 specified by the company.
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 etc. 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 ~ ring office hours
Liability
Company she I under no circumstance whatsoever be liable to the tour participant or his co traveler for : 1) Personal injury, sickness, accident, loss, death, delay, discomfort, increased expense, consequential loss and / or damage on account of theft howsoever caused. 2) 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. 3) Loss of baggage by the Airline / Cruise line / Surface transportation. 4) Failure on the part of airline to accommodate tour participant's despite having confirmed tickets. 5) Airline not allowing tour participant to board the flight for reasons beyond the control of the company. 7) Damage or loss caused due to reasons beyond the control of the company (Force Majeure Vis Majeure).
No liability on the part of the Company an sing in any way 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.
Complaints
It 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 days of the end of the Tour. No complaint or claim notified after this period will be entertained the Company shall not incur any liability in respect there of.
Jurisdiction
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