1. When you make a
booking you undertake that you have the authority to accept and do accept these
booking conditions on behalf of yourself and your party. A contract will exist
upon our accepting any monies from you towards the booking, or upon the issue of
our Confirmation/Invoice, whichever is earlier. These conditions, in conjunction
with the information set out in our brochure, form the entire agreement between
ourselves and yourself. Any advice/information given to you by your travel agent
which is inconsistent with our brochure and these conditions will not form part
of your contract with ourselves.
2. Making a Booking
When you make a booking with us for a ‘Incredible India Bike Tour’ holiday and
we accept it, you must pay a deposit of £500.00 per person. A
Confirmation/Invoice will then be sent to you setting out the balance due which
must be paid no later than two months prior to departure. If you are departing
within two months, then the total holiday cost is payable in full upon booking.
If the deposit is not paid on time, we reserve the right to cancel your travel
arrangements. If the balance is not paid on time we shall retain your deposit
and reserve the right to cancel your travel arrangements and levy the
cancellation charges set out in Clause 5 below
3. Prices
Prices are fixed at the time of booking and will not be subject to surcharges.
We reserve the right to change our prices at any time before you book, including
any special offers we may from time to time have, which may or may not be the
same as set out in our publicity material.
4. Changes by You
If you wish to change your plans in any way and we can accept the change, a
charge of £25.00 per person per amendment will apply, provided your instructions
in writing are received two months or more prior to departure. Thereafter,
except as provided by applicable law, cancellation charges, as specified in
Condition 5 (below), apply.
Period before scheduled departure date
Cancellation charge as a percentage of total
holiday price
Two months or more
Deposit only
Less than two months, but one month or more
No cash refund, but credit of 50%
discount on any further trip booked.
Less than one month or 'no show'
100% - No refund
5. If You Cancel Your Booking
You or any member of your party may cancel your holiday at any time providing
that the cancellation is made in writing by the person who made the original
booking and is communicated to us either directly, You will receive a refund of
the amount paid, less the cancellation fees specified above. Refunds are made
only through the original booking office.
6. If We Amend Your Booking
It is unlikely that we will have to amend your booking. Occasionally changes may
be made which we reserve the right to do at any time. Most of these changes are
minor and we will advise you at the earliest possible date
The above is the only recompense that will be paid to you. As we do not control
the day-to-day management of your accommodation, it is possible that we may be
advised that the reserved accommodation may not be suitable or available to you
upon arrival in a resort. If this happens, we will endeavour to provide
accommodation of at least the same standard in the same resort area. If only
accommodation of a lower standard is available, then we will refund the
difference of the brochure price between the accommodation booked and that
available together with compensation of £30 per person for any inconvenience.
IMPORTANT NOTE: We are not responsible for changes that arise as a result of
situations outside our control, such as technical or maintenance problems with
means of transportation, changes imposed by re-scheduling or cancellation of
flights by an airline, war or threat of war, civil strife, industrial disputes,
natural disasters, bad weather or terrorist activity.
7. If We Cancel Your Holiday
We reserve the right in any circumstance to cancel your holiday. However, in no
case will we cancel your holiday less than two months before the scheduled
departure date unless it is for reasons outside our control, or for late or
non-payment by you. If we have to cancel your holiday (other than for late or
non-payment by you) we will offer you either (i) an alternative holiday of
comparable type, though if the alternative offered is at additional cost, the
difference will be payable by you and any 'No Surcharge Guarantee' on the
original booking will not apply, or (ii) a full refund of all monies paid, in
either case being the only recompense which will be due to you.
8. Our Liability
We accept responsibility for the negligent acts and/or omissions of our
employees, agents, sub-contractors and suppliers while acting within the scope
of, or in the course of, their employment with us and for any deficiencies in
the services we are contractually obliged to provide, or the failure of such
services to reach a reasonable standard. In any such case our liability shall be
limited to a maximum of twice the original holiday cost. We do not accept
responsibility in respect of death, bodily injury or illness of any person
taking one of our holidays except when caused by the negligent acts and/or
omissions of our employees, agents, sub-contractors or suppliers while acting
within the scope of, or in the course of their employment agency contract, of
supply or sub-contract. Although where the services in question consist of
carriage by air, by sea or rail, or the provision of accommodation, the limit of
our liability shall be as provided for under applicable law and/or international
convention.
9. Documentation
Where travel and health documents are necessary to comply with the requirements
of any country you may wish to visit, then it is your responsibility to procure
them. If failure to obtain any such documents results in fines, surcharges or
other financial penalty being imposed upon us, then you shall reimburse us
accordingly. You must ensure, by consulting your own doctor if necessary, that
specific health precautions deemed prudent for the country/resort you intend to
visit and the appropriate medication/inoculations are complied with.
10. Conduct
We reserve the right in our absolute discretion to terminate your holiday
arrangements without notice should your behaviour be such that it is likely in
our opinion to cause distress, damage, annoyance or danger to any other person.
Or, should we consider that you are not physically capable of completing the
tour or should we have concerns about your medical condition. In such
circumstances, no refund or compensation will be due to you.
11. Unused Services
No refund will be due to you in respect of non-utilisation of any part of the
travel arrangements made for you.
12. Insurance
We cannot stress enough the importance of taking out adequate holiday insurance
against cancellation charges, unexpected curtailment of your holiday, medical
expenses arising overseas, loss or damage to luggage and personal liability
claims against you. Should you elect not to effect suitable travel insurance
cover despite this advice, then you undertake on behalf of yourselves and all
members of your party to indemnify both ourselves and our overseas agents and
representatives (as applicable) for any costs that arise which would otherwise
have been met had such insurance cover been taken out.
13. Complaints
We do our very best to ensure your travel arrangements go according to plan.
However, if you have a complaint arising from what we have agreed to provide for
you, please let us know at the earliest opportunity, if necessary by calling our
office from wherever you may be. If a problem arises during your holiday, it is
important you advise our representative at the earliest opportunity, who will
endeavour to put things right. If your complaint cannot be resolved locally you
should advise us within 28 days of the incident, in writing, giving your
original booking reference number and all other relevant information. Your
letter will be given prompt attention. If you fail to follow this simple
procedure we cannot accept responsibility, as we would have been deprived of the
opportunity to investigate the matter and rectify any problem.
14. Applicable Law
This contract between us, and these booking conditions, are governed by and
construed in accordance with Indian law. We both agree to submit to the
exclusive jurisdiction of the Courts of India.
