GENERAL TERMS & CONDITIONS FOR TRAVEL
You hereby con¬firm that you have read and have been made to understand the entire terms & conditions for travel and have fully understood your liabilities and the conditions of travel. This is an electronically executed document, legally binding and enforceable pursuant to the provisions of the Indian contract Act and Information Technology Act, 2000 along with Rules and amendments thereof.
This agreement does not require any physical, electronic, or digital signature.
This agreement is effective from the date of your acceptance of the same. You (Customer) accept and acknowledge that clicking on”I Accept” shall be deemed as your voluntary acceptance (hereinafter referred to as “Acceptance”) of this agreement.
In case You are not the rightful/authorized person who is voluntarily Accepting this Agreement, you must immediately notify the Company within 24 hours of such Acceptance. TUI India reserves the right, in its sole discretion, to terminate the access to the website and the related functionalities, or any portion thereof at any time, without notice.
1. You also con¬firm that you have read and understood the cancellation and refund policy and are aware that in some cases TUI India Private Limited (“Operator”) may forfeit your entire deposit and in such cases, you may not be entitled to any refund.
2. You have understood that Operator is engaged in planning, scheduling, organizing and arranging tours by availing the services of various other independent contractors such as airlines, hotels etc. and Operator shall not hold responsible for any acts of omission or commission or de¬ficiency in service or negligence or otherwise done by any such independent service providers.
3. You hereby acknowledge that you cannot travel outside India without a valid passport, visa and other required travel documents.
4. Further you are aware that the immigration department and customs officials may also deny you to travel outside India; in such circumstances, neither Operator nor airline shall be responsible for the same.
5. You further acknowledge and agree that Operator provides visa services, but it acts only as a guide and submits documents on your behalf to the foreign embassies/high commissions for the grant of visa.
6. VISA: Operator or its servant/s or agent/s do not guarantee that the visa shall be granted as they neither has the authority nor the powers to grant visa. Grant of visa is the sole prerogative of the embassy/high commission /consulate. You are free to obtain visa from any other sources or travel agents.
7. You further agree that there may be instances during your travel journey when Operator may be forced to change the itinerary due to disruption of any nature, weather conditions, or any other reason beyond the control of Operator (including Force Majeure/Vis Major.), in such cases you shall be liable to pay additional sums along with applicable taxes. In case of payment made in currency other than INR, the rate of exchange as per the FEMA, RBI guidelines and any other law for the time being in force will be applicable.
8. Permanent Account Number (PAN) of lead passenger/co-passenger or of Guardian in the case of minor passenger shall be mandatorily submitted to Operator.
9. You hereby declare that you are not violating any terms and conditions of the FEMA provisions and withdrawal of the foreign exchange limits on individuals. You also hereby authorized Operator to purchase foreign exchange on your behalf for hotel and lodging or such other purposes for which remittance must be made in foreign currency.
(a) The Terms and Conditions of Travel herein and any Special Terms and Conditions, if any constitutes the entire Agreement between Operator and the Customer (which expression shall mean the person/s in whose name and/or whose behalf the Booking is made and/or whose name is on the Booking form, the Travel Reservation Ticket (TRT) / Confirmation Voucher/s).
(b) The full payment must be received in accordance with the payment schedule de¬fined in section 10 of the present document. If not paid in that time, Operator reserves the right to cancel the booking with the consequent loss of deposit and may apply scale of cancellation charges as mentioned in section 11 of the present document.
✓ “Child/Infant”: An “Infant” means a person below the age of two years, and a “Child” means a person above the age of two and below the age of eleven (11) years on the date of end of travel/tour.
✓ “Minor” means the person below the age of eighteen (18) years.
✓ “Customer” shall mean the traveler, or the person who has signed this Booking Terms & Conditions for Travel and shall also mean himself as well as all such persons for whom the booking has been made for travel.
✓ “Tour/s” means any travel arrangements organized by Operator. “Scheduled Departure Tours” designates all Tours featured in Group departure – Long Haul, Group Departure – Short Haul and Group Departure – Domestic. Apart from Scheduled Departure Tours and Lifetime Experiences, all other Tours are FIT customized Tours.
✓ “Tour Manager” means a person designated by the Operator to help/guide/assist the Customer/s during the Tour.
✓ “Force Majeure/ Vis Major” includes circumstances beyond the Operator's control like acts of God/nature, major road works, traffic congestions, weather conditions, fairs, festivals, sports events, political /religious gatherings, strikes, change of management /closure of hotels/restaurants, over booking of hotel/flights, delay/cancellation/re-routing of flights or railway, closure of/restricted entry at a place of sightseeing.
✓ “Independent Contractor/s” means any hotelier/hotel owner, owner of any airlines, shipping company or railway, ferry, boat owner, cruise, coach owner, transport owner, owner of any other person or organization who have been selected by Operator to render services to the Customer.
✓ Meal includes breakfast, lunch, dinner, and/or any other snacks supplied.
✓ The masculine gender shall also include feminine gender and vice versa, the singular shall include plural and vice versa and shall include grammatical versions thereof.
✓ “GIT” shall mean Group Tours comprising of more than 10 people on a shared basis.
✓ “FIT” shall mean Flexible individual traveler numbering less than 10 people comprising of single family.
✓ “LIFETIME EXPERIENCE”’ packages shall mean Luxury Tours wherein Operator creates a tailor-made package especially for the travelers on their request and all payments are made upfront by Operator for reservations etc.
Conditions of Contract
i) Only customers eligible to travel under LRS for Holiday Tours and LERMS/LRS as applicable for Trade fairs can participate in those tours operating to destinations outside India as prescribed under the FEMA and RBI guidelines
ii) In the event the Customer makes a booking directly with a travel agent, customer shall be deemed to have his contract only with his travel agent who shall be solely responsible and liable.
iii) There is no contract between the Operator and the Customer until the Operator has received the entire amount. The full payment must be received in accordance with the Tour Check List given to the Customer at the time of booking. If not paid in that time, the Operator reserves the right to cancel the booking with the consequent loss of deposit and apply scale of cancellation charges as mentioned under Cancellations.
iv) Customer shall participate in the Tour in its entirety. The Customer will have to strictly follow the Tour Programme and return to India as per the validity of the air ticket. It is agreed that for all purposes, it shall by the responsibility of the Customer to reach the place of commencement of the Tour and register with the representative of the Operator at the appointed place, date and time. Operator shall not be responsible in any manner for refund or otherwise, in the event Customer does not participate in any part of Tour and/or does not avail of the services including but not limited to meals, rooms, entry tickets, excursions, mislaid or destroyed travel tickets or vouchers in part or whole.
v) The Operator has the right at any time and for any reason:
a. To terminate the contract in the case of “GIT” after acceptance of deposit but prior to the commencement of the tour without assigning any reason whatsoever. In such an event, Operator shall refund the non – refundable deposit and/or Tour Cost as may be applicable. It is expressly agreed that the Customer shall not be entitled to any other amount whether by way of interest or otherwise and Customer agrees not to make any claim, therefore.
b. In case of “GIT” and “FIT”: To alter, amend, change, modify, vary or withdraw any tour package, itineraries, tour schedule, travel plan, tour arrangements and sightseeing, holiday, excursion or facility it has advertised or published at any time whether before or after registration or before or after the departure of the tour or to substitute an independent Contractor of similar class if it is deemed advisable or necessary. In such events Operator shall not be liable for any additional expense or consequential loss suffered by the Customer for any claim on any account whatsoever. vi) In the event of the Operator exercising its right to amend or alter any Tour or holiday advertised in its Document/Itinerary even after such Tour or holiday has been booked, the Customer shall have the right:
a. To continue with the Tour as amended or altered, or
b. To accept any alterative Tour or holiday which Operator may offer, or
c. To unconditionally accept the return of the tour cost charges in full and final settlement. vii) In any of the above circumstances, the Customer neither shall be entitled to, nor shall the Operator not be liable to the Customer for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund. The Customer will not be entitled to make any grievance thereafter in respect of the same.
viii) In case the Customer travels on an amended tour the legal relation between the parties shall not change only by virtue of the amendment. The Customer opting to continue with the tour arrangements as altered or amended shall pay additional charges if any levied by the Operator.
ix) These conditions are applicable to every Customer of the Operator who books a Tour or any Special Tour or travel arrangement. In the event of a Customer booking through Operator, a Tour or Tour Arrangement of any other Independent Contractor like Carnival, Cosmos, Star Cruise etc. the “Booking Terms and Conditions” specifi¬ed by such Independent Contractor including their payment schedule, cancellation, refund etc. shall be applicable in addition to these “Booking Terms and Conditions” while determining the independent Contractor and Operator.
x) Each of these conditions shall be severable from the other and if any remaining provisions shall nevertheless have full force and effect. No liability on the part of the Operator arising in any way out of the Contract in respect of any tour, holiday, excursion facilities shall exceed the total amount paid or agreed to be paid for the tour holiday and shall in no case include any con sequential loss or additional expense whatsoever.
xi) All Tours/services/arrangements will be subject to and operated/ provided in accordance with operational and applicable laws, rules, regulations, and guidelines issued by the Government of India and Reserve Bank of India.
Operator undertakes to provide to the Customer, through carriers, hotels, and other providers of services, only the services detailed in the accompanying Document.
The Customer has been supplied with details for the Tour arrangements and the Tour Document/Itinerary for the relevant year and season. The Customer shall read the same as well as the Booking Terms and Conditions and Tour Check List carefully before fi¬lling and signing the Booking form. The Booking Terms and Conditions, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties, on the Customer/s signing the Booking Form and making payment towards the prescribed non-refundable interest free deposit amount. In case of one or more but not all Customer accepting Booking T&C’s it shall be deemed that the others have duly authorized the concerning signing Customer/s. The acceptance of the Booking T&C’s by the Customer shall mean acceptance in totality of the Booking Terms and Conditions contained herein by the Customer/s.
i) Customer shall be solely responsible for obtaining his passport and ensuring that the passport is valid for minimum 09 months from the date of return.
ii) Customer shall be solely responsible for obtaining all requisite visas and ensuring that the visas are valid for the /period as may be necessary for purposes of the Tour. It is the responsibility of the Customer to furnish all documents required by the Operator for application of visa etc. UK, USA, and any other visa which require the personal presence of the passenger will have to be obtained by customer directly.
iii) Customer shall be solely responsible for obtaining all prior requisite permissions, statutory clearances, Income Tax clearances, certi¬ficates and approvals, e.g., from the POE (Emigration) or related to health, insurance and shall complete all other travel formalities as may be necessary.
iv) Customer may seek assistance of Operator for purposes of the above mentioned documents/formalities against payment of Operator’s fee therefore, Operator may arrange an independent agency to provide such assistance to Customer but Operator shall not in any manner be responsible for or liable for any act or omission of such agency.
v) Granting of visa is at the discretion of the competent authority. Customer agrees that Operator neither shall be responsible for nor liable for any error, delay, denial or other related act/omission by any Government authority, etc. or for any loss expense damage or cost resulting there from, credit or waiver, whether on account of travel related documents or otherwise, in the event Customer and/ or any member of his party is unable to travel due to the said reasons.
Health and Insurance
i) It shall be duty of the Customer to inform the Operator in case the Customer has any medical condition which could affect his ability to enjoy and pursue fully the Tour arrangements, wherein the interest of the Group or any member thereof is prejudicially affected.
ii) The Operator reserves the right to ask Customer to provide written certifi¬cation of his medical ¬fitness before departure. In the event where a medical condition has not been disclosed, the Operator will not be liable to provide any assistance or money back.
iii) TUI India acts as facilitator only for all Insurance Products, any claims, disputes etc. shall be serviced by the Insurance Service Provider/ Insurance Company only. Customer constitutes no rights for any claim rejections, amount disputes or any disputes against the duly underwritten Insurance Policy by the Insurance Company.
i) The operation of tour specified in the Document are subject to minimum participation of paying participants, if the participation is below the minimum prescribed, the Operator reserves the right to amend, amalgamate, alter, vary or cancel a Tour
ii) In the alterative, Operator may, at its sole discretion decide to operate the tour with participation below the minimum stipulated participants, or if the participants are required to travel as ‘Individual Travelers’ the Operator may, at its sole discretion, apportion the extra cost amongst the remaining Customers. the Customers may travel with the same itinerary with some amendments, such as Seat in Coach, airport transfers which are at fi¬xed times etc. In the event of such apportionment, if a customer does not desire to participate in the Tour, he may cancel his Registration and receive full refund of the Tour Cost provided such cancellation is received by Operator no later than 48 hours after intimation of the extra cost.
i) The S. No. 54 of Notification No. 9/2017 - Integrated Tax (Rate), dated 28.6.17, as amended from time to time, exempts services provided by a Tour Operator to a foreign tourist in relation to a tour conducted wholly outside India. Therefore, Operator will not charge any GST from the person eligible to claim the benefit of this entry.
ii) Zero Rated Supply – The Operator will not charge any GST from foreign customers in case all the conditions of zero-rated supply (or export of service) as given in Section 16 of the IGST Act are fulfilled.
iii) Reservation on the Tour shall be accepted by Operator only upon acceptance of Booking T&C’s along with a non-refundable interest free deposit as mentioned in succeeding paras which is adjustable against the Tour cost. It is expressly stated that these amounts may vary from time to time after booking.
iv) The Tour Cost, as detailed in the Document and as may be revised, if necessary, shall be paid by Customer as follows: Non-refundable interest free deposit: At the time of booking; Balance payment towards the tour Cost: Thirty days prior to departure of tour.
v) If the FIT Customer/s wishes to travel in advance, i.e. before the proposed departure date and or return after the tour ends, the Customer/s will have to pay such extra charges as may be applicable with the minimum tip charge of at least Re 2,000/- plus applicable taxes as Reservation fees per person, per sector, per change (subject to seats available in the same class of travel and ticket validity) In case the dates requested by the Customer/s are not available, the Company will provide alternate dates accordingly, subject to seat availability.
vi) All payments towards the tour cost must be made by the client to Operator in accordance with the procedure and time frame mentioned below.
vii) All payments made within 15 days prior to the tour departure date will have to be paid by online transfer / cash / Demand Draft only.
viii) Payments made towards the foreign exchange component of the tour will be calculated as per the rate of exchange of the day of final payment.
International Land packages:
General Cancellation Policies for land service on International destinations: -
|25% of the Package cost||if cancelled between 46 to 59 days prior to the departure + Actual Visa Fees|
|50% of the Package cost||if cancelled between 25 to 45 days prior to the departure + Actual Visa Fees|
|75% of the Package cost||if cancelled between 04 to 14 days prior to the departure + Actual Visa Fees|
|100% cancellation||if cancelled 3 days prior to the departure|
Cancellation Policies of Non-Refundable land services for International destinations: -
100% cancellation against booking
Other Terms & Conditions
- If Selected Hotel is unavailable / Non-operational, an alternate arrangement will be offered with similar Category Hotel. - Surcharges may be applicable against booking on selected dates/ period - The flow of the Itinerary may be amended without cutting the selected sightseeing / activities, as per the operational feasibility - Porter Fees at the Hotel, Airports, Rail stations & Cruise terminals are not included
Visa Related Terms & Conditions: - Final decision regarding a visa application are solely with the respective Embassy - Passport must have a minimum validity of 06 months from the date of return to travel to any international destination.
|Flight Inclusive Land Package||Payment Example||Cancellation Example||Land Package Only|
|Timelines||Payment Policy||Cancellation Policy||Example - Total package cost 70000 (Including refundable flight)||Example - Total package cost 70000 (Including refundable flight)||Payment Policy||Cancellation Policy|
|30 Days & above||Initial Payment- 25% of the total package cost or 10000 + flight cost (Incase of a Non-refundable flight)||The initial amount paid for the package shall be Non-refundable||17500||17500||Initial Amount - 25% of the land package or Rs.10000/- which every is higher||Initial Amount is non-refundable if cancelled after 24 hours of receipt of the booking amount|
|30 -15 Days||Initial Payment- 50% of the total package cost or 10000 + flight cost (Incase of a Non-refundable flight)||The initial amount paid for the package shall be Non-refundable||35000||35000||Initial Payment- 50% of the total package cost||Initial Amount is non-refundable if cancelled after 24 hours of receipt of the booking amount|
|Less Than 15 Days||100% flights cost package cost||The booking falls under 100% cancellation||70000||70000||Initial Payment- 100% of the total package cost||Initial Amount is non-refundable if cancelled after 24 hours of receipt of the booking amount|
ix) Full payment must be made in accordance with the procedure stated above.
Note: In addition to the above booking policy; for Individual/ FIT booking the following is applicable: a. The above is a general payment policy and the same is subject to change depending on the travel date, the destination like Maldives, Hong Kong etc., the package and the services booked and paid for.
b. For dynamic properties and Reconfirmed Bookings, the above payment policy may not be applicable and could vary.
c. For Air tickets being issued: Full price (inclusive of IGST/GST) of the same has to be received by TUI India before issuance, else price (inclusive of IGST/GST) will be subject to change.
d. In case of cruises, for customized holidays payment policy will be applicable as per the policies of respective cruise liners.
xii) In case of non-compliance there to by the client, the company reserves a right to cancel the tour / booking of that client with subsequent loss of deposit and may apply and recover the cancellation charges as mentioned herein.
i) All services provided such as Airline seats / Hotel accommodation / ground transportation etc. for tours are pre-blocked. If Customer books a third-party product or service like Cruise/ Eurail, the Terms and Conditions and cancellation policy of such third party would be applicable. Any cancellation of tour / services has to be communicated in writing, clearly stating the reasons for cancellation.
ii) If circumstances force Customer to cancel the Tour, the cancellation must be intimated to Operator in writing. All Cancellations will attract Cancellation Charges along with applicable taxes including GST as mentioned in Payment para above.
Note: In addition to the above booking policy; for Individual/ FIT booking the following is applicable:
a. The above is a general cancellation policy and the same is subject to change depending on the travel date, the destination like Maldives, Hong Kong etc., the package and the services booked and paid for. b. For dynamic properties and Recon¬firmed Bookings, the above Cancellation may not be applicable and could vary. c. For Air tickets being issued: Full price (inclusive of IGST/GST) of the same has to be received by Operator before issuance, else price (inclusive of IGST/GST) will be subject to change. d. In case of cruises, 100% of the cruise cost paid will be forfeited in case of any cancellations, irrespective of time of cancellation. e. In case there is any loss on account of fluctuation in rate of exchange at the time of cancellation or amendment of bookings, the same shall be borne by the Customer.
i) There shall be no refund payable for any unutilized or partially utilized services nor any refund be made for lost, mislaid or destroyed travel tickets or vouchers
ii) The refund for the foreign exchange component of the tour will be refunded in INR only and will be at the prevailing day’s rate of the exchanges of Operator.
iii) If a tour is cancelled by the Operator, then all money will be refunded after taking into consideration the actual expenses incurred E.g. Visas, etc.
iv) Operator reserves the right to determine, in its sole discretion, the quantum of refund payable, if any, in case of cancellation or amendment of a Tour due to Force Majeure or Vis Major. In this respect, the Operator may take in to account cancellation polices of and charges levied by independent Contractors. Irrespective of the currency of payment which was made to Operator, the refund, if any shall be made only in Indian rupees at the prevailing rate of exchange on the date of refund as per applicable laws, rules and regulations.
v) Refunds, if any, shall be processed with in a minimum period of 45 days of cancellation/termination.
vi) Under no circumstances whatsoever shall the Operator be liable to refund the non-refundable interest free deposit whether the booking gets cancelled due to failure of customer to make payment as required or Customer cancels the booking due to his inability to join the tour as per schedule or avail of the services in whole or in part for whatsoever reason including absence of valid documents, medical grounds or death.
vii) In case of refund, a refund voucher can be issued, and taxes paid (inclusive of IGST/GST) earlier to mentioned on refund voucher for adjustment. However, refund of GST will be made to the extent of allowed to Operator under the GST law.
Forfeiture of Deposits
i) Operator shall be within its rights to forfeit the non-refundable interest fee deposit paid by the Customer to the Operator for the tour booked by the Customer, in the event: a. The Customer cancels the booking.
b. The Customer does not adhere to the tour payment schedule as informed in the Tour Check List.
c. In the event the visa of any country is not granted.
d. Customer is unable to travel on the tour booked by the Customer due to any reason whatsoever, including medical. ii) Fee deposit/s shall stand forfeited and the scale of cancellation set out herein above shall be applicable and binding.
i) Operator shall provide only such transportation as is set out in the Document. No transportation from or to the home of customer shall be provided unless requested for separately and paid for in addition to the Tour price
ii) There is a strict no smoking, drinking, and eating policy on the buses/ coaches. If the Customer/s is/are carrying any high value items on the coach, the Operator advises the Customer/s not to leave them behind when he/they leave the coach, as the Operator will not be liable in case of theft or robbery of the said items from the coach. All baggage and personal effects are, always and in all circumstances, the Customer’s responsibility.
iii) The drivers are bound by specifi¬c Rules, like maximum driving hours within a day and during a week etc. Customers 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 their actions and the same will be non-refundable.
i) Operator shall make all possible efforts to provide accommodation in the hotels as mentioned in Document. In the event, a hotel(s) is (are) not available, Operator shall provide accommodation in other hotel(s) of similar standard.
ii) The tour is based on twin sharing or double accommodation.
iii) On the tour packages, the Customer/s will be out sightseeing most of the time and hence the Operator has taken care to select hotel which are comfortable whilst keeping cost down. The list of hotels selected for each place are set out in the Document. Depending on the city and the day to day itinerary and the fact that the Customer/s will be out sightseeing most of the day, the hotel may be con¬firmed either in the city or away from the city center. A double room has a queen-size bed and a twin room has two separate beds. Requests for double rooms will be subject to availability and in cases when a double is not available, Operator will provide the Customer/s with a twin room.
iv) Operator recommends a maximum of only three persons in one room. Triple rooms are usually no larger than twin rooms and the third bed is often a roll-away bed or cot placed in a twin room. Modern facilities such as attached toilets with showers/bathtubs are provided. Most of the rooms have private baths or shower. Due to the favorable weather conditions in Europe & USA, hotels do not have air conditioners or fans.
v) It is expressly agreed that a child below 11 years of age who is booked on the tour paying the special rate without a bed will not be provided with a bed in the hotel while on the tour under any circumstances. In case the Customer decides to make any change/s in the rooming while on tour subject to availability, then the Customer shall be bound to pay additional amount charged to him by the concerned hotel directly to the hotel.
There are pre-set menus provided for meals on the tour. The type of meal is clearly indicated in the Document. Unlike an airline, the Operator cannot request for a special meal, nor can it ensure a special diet for Customers, if applicable. The Operator, however, reserves the right to change the meal arrangement, if circumstances make it necessary to do so. In the event the Customer wakes up late and misses breakfast and/or if the Customer is out on his own and reaches late and misses lunch and/or dinner, then no claim can be made by him for the meal which he has missed or not utilized.
Where special requests for room allocation, diet consideration etc. are made in writing at the time of booking, every effort will be made to ensure that they are honored by Independent Contractor. However, Operator shall not be held liable for claims of damages or consequential loss if such requests are not honored by the concerned independent Contractor.
i) All baggage of Customer shall be subject to limitations imposed by a carrier or the applicable laws. Customer will, however, make himself familiar with these limitations by visiting the website of the respective Airline. Operator shall not be responsible for any cost, expense damage or other exposure because of such limitations of the carrier.
ii) Customer may take out baggage insurance directly or through the assistance of Operator against the requisite fee.
It is solely upon the discretion of the Customer/s to tip any employee/s, servant/s, agent/s or manager/s. No refund can be claimed from the Operator for such transaction.
i) Operator is responsible for arranging the Tour Services as applicable and stated in the Document.
ii) Customer acknowledges that the Operator acts as a tour operator, but the Operator is not responsible or liable for any act or omission of any independent contractors. Customer agrees that all tickets, coupons exchange orders etc. are furnished and issued subject to the terms and conditions mentioned herein and to the terms and conditions relating to the service of each Independent Contractor. Customer further agrees that each separate contract of such independent Contractor when issued shall constitute the sole agreement between the Customer holder and the Independent Contractor.
iii) All certi¬ficates/documents and other travel Documents issued by Operator or otherwise issued to Customer are subject to the terms and conditions of the concerned sub-contractor, as governed by the laws of the related country and/or applicable international laws, conventions.
iv) Customer agrees not to hold the Operator or its Directors, Agents or Employees responsible, nor seek from any or all of them any amount on account of loss damage cost expense or otherwise of whatsoever nature, for any act or omission not directly attributable to Operator.
v) Customer agrees that he would not be entitled to make any claim against Operator on any account whatsoever unless the same is lodged with the Managing Director of Operator at its Registered Office address not later than 14 (fourteen) days after the culmination of the Tour along with requisite proof.
vi) Operator is making and/or coordinating tours for group tours, and/ or individual tours. The Operator does not control or operate any airline, it does not own or control any shipping company, coach or Coach Company, hotel, transport, restaurant or any other facility or service mentioned in the Document. The Operator is responsible for organizing and planning the Tour services as applicable and stated in the terms and Condition. It cannot be responsible for any delay, improper services provided by any agency, airline, transport, hotel or any provider of services or for any injury, death loss or damage which is caused by the act or default of the management or employees of independent Contractors.
vii) Operator reserves absolute right to alter, amend, change or modify the Tour package, itineraries, the Tour Schedule, the Travel plan, Tour arrangements and sightseeing. Any change in the Accommodation Transportation, itinerary or other services, effected prior to the Registration/departure of the tour would have been informed to the Customer at the times of Registration/departure of Tour. However, Operator shall have the right at its sole discretion thereafter to change the Accommodation, Transportation, itinerary or other services, as may be required in its sole discretion including whether they are for reasons beyond the control of Operator or otherwise.
i) Operator shall in no circumstances whatsoever be liable to the Client or any person traveling with him for:
b. Any act, omission, default of any independent contractor or other person or by any servant or agent employed by the provision of accommodation refreshment, carriage facility or service for the client or for any person traveling with him howsoever caused. c. The temporary or permanent loss of or damage to baggage or personal effects howsoever caused including willful negligence on the part of any person. d. If in the event that the Customer is booked on a particular airline and the said flight is over booked/cancelled for whatever reason and Customer is not allowed/able to board the flight, the Customer shall not hold the Operator responsible for the same and no claim whatsoever can be made by the Customer against the Operator. ii) Operator shall not be responsible and/or liable for any damages caused to the Customer due to reasons beyond the control of Operator including Force Majeure/Vis Major.
iii) In the event that Operator is unable to conduct a Tour the Operator shall at its own discretion may refund the amount of cost of the said Tour to the Customer without any interest on the same. The Customer/s will not be entitled to make any grievance thereafter in respect of the same.
i) The communication directed at the address of the customer as disclosed at the time of online Booking on Website shall be deemed to have been communicated to the customer.
ii) A Travel Agent through whom a customer books will act to relay information from customer to Operator and vice versa.
For the process of booking, to ensure travel and to meet customers’ requirements, the Operator needs to use and share the personal information provided such as name, address, any special needs/dietary requirements etc. as the Operator is required to pass the relevant information to relevant employee/s, servant/s including independent contractor for the smooth touring process. The Operator takes full responsibility to ensure that proper security measures has been taken to protect customers’ information. The Operator will not pass any information to any person not responsible for part of the travel arrangements.
In case, if the Customer shares any information to travel agent other than the Operator, there shall be no liability on the Operator.
i) If the customer on an escorted tour, has any grievance in respect of any services provided by any of the independent contractors, he shall immediately inform the Tour Manager in writing with a copy to the Operator and the independent Contractor so that Operator can take up the matter with the independent contractor and Operator has the chance to rectify the problems then and there. If the customer fails to do this, any right to compensation or refund which the Customer may have, will be extinguished or reduced.
ii) Any grievances concerning the misuse or breach of data protection with respect to customers’ personal information as provided to the Operator, should be communicated to the Operator at the registered office in writing as soon as possible and a copy thereof should be sent to the person liable for breach of data protection, whereby the Operator has the chance to rectify any problems if the grievance is genuine. Failure to do so will result in the customer losing any right as to compensation.
iii) In case of Customer is not escorted by a tour manager, any grievance concerning services of any independent contractor, should be communicated to Operator either by e-mail or on emergency phone mentioned in the service voucher as immediately as possible and a copy thereof should be sent to the independent contractor, whereby the Operator has the chance to rectify any problems if the grievance is genuine. Failure to do so will result in the customer losing any right as to compensation or refund.
Behavior & Cancellation
The Operator reserves the right to cancel the tour if the traveler’s behavior is deemed likely to affect the operation of the tour or adversely affect the enjoyment or safety of the passengers and Operator shall be under no liability to any such person. It is hereby declared that the immunities provided under this contract shall be available to the TUI Operator’s manager/s, including tour mangers, employees, servants, and agents but not to the independent contractor selected by the Operator.
Amendments/Modification of Terms
TUI India reserves the right to change the terms, conditions, and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
Governing Law and Jurisdiction
This contract and all matters and disputes arising out of or relating to the contract shall be govern by Indian Laws and subject to the territorial laws of India and courts/tribunals forums of the National Capital Territory of Delhi shall have exclusive territorial jurisdiction to the matter.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY USER.