TERMS AND CONDITIONS

The following terms and conditions form the basis of your contract with “GOLD TOURS AND TRAVEL LLP” (hereinafter referred to as “Travel Agency”). These Terms and Conditions apply to the Traveller(s) making the booking and all other Travelers on whose behalf the bookings are made. Please read these Conditions carefully. They apply to all bookings made through Travel Agency, who are acting as agents on behalf of all of the suppliers (including airlines, tour and cruise operators, transportation and accommodation providers) in your booking. You are contracting with the suppliers, whose terms and conditions apply to your booking. Copies of those terms and conditions are available upon request. These booking conditions govern your relationship with Travel Agency. While asking the Agency to confirm the booking, the Agency shall assume that the Traveller(s) has read and agreed to the terms and conditions mentioned herein below.

All references in these Terms and Conditions to “trip”, “booking”, “contract” or “arrangements” mean such trip arrangements unless otherwise stated. References to “departure” mean the start date of these arrangements.

1. Booking(s)

1.1 A Booking form needs to be furnished with the relevant information by each and every traveller. If a Traveller(s) is unable to fill the online form, he/she can ask for an offline form. If a Traveller(s) is not a major (i.e. is below 18 years of age) at the time of booking, the form also needs to be signed by his/her parent or guardian or initialled online during the booking process. The booking form must then be sent to us together with the payments.

1.2 The booking shall be confirmed only after receipt of the duly complied booking form along with minimum deposit of 20% of the total cost(apart from airfare) of the package per Traveller.

1.3 When the Travel Agency confirms the availability of the Traveller(s) chosen trip and the Traveller(s) books the same within the applicable time limit, the said booking will be treated as confirmed and a contract between the Travel Agency and the Traveller(s) will come into existence. The Travel Agency will then send a receipt of the invoice and all payments made in the said regard.

1.4 Full payments must be made for all the bookings within four weeks prior to the date of departure.

1.5 If, for any reason, the balance (including any surcharge where applicable) is not received by the due date, the Travel agency reserves the right to treat the booking as cancelled by the Traveller(s) and the Traveller(s) shall not have any right in whatsoever manner. Also, the Traveller(s) shall be bound to pay the Cancellations charges as mentioned in para 4.

1.6 When a ticket, tour or other service (hereinafter referred to as ‘ticket’) is reserved, we shall send an email confirming the booking, with a booking reference number. A booking fee may be charged. Examine tickets carefully upon receipt. We and the Service Provider accept no liability for ticket errors resulting from incorrect information provided by you. If there is any inaccuracy, the Provider must be notified within 18 hours of receipt of your tickets. The Provider aims to ensure that all tickets booked by us are issued correctly and efficiently. Names on travel documents must match exactly those shown on passports, where applicable. If an e-ticket has been provided by us, it must be taken when travelling as it may be required on demand. Traveller(s) should also have a valid form of identification during travel.

1.7 The check-in and check-out time shall be 3pm and 12 noon respectively.

1.8 Passport and visa requirements: The passport and visa requirements for the Bookings will be communicated to the Traveller(s) over call or mail but requirements may change and the Traveller(s) must check the latest position prior to the date of departure. The Traveller(s) must ensure he/she is in possession of all necessary travel and health documents before departure, in case of default the Travel Agency will not be responsible in any manner whatsoever. All costs incurred in obtaining such documentation shall be borne by the Traveller(s). If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on the Travel Agency, the Traveller(s) will be responsible for reimbursing the Travel Agency for the same. If in case the Visa Authority refrains/deports a Traveller(s) from the airport for any reason whatsoever the Travel Agency will not be responsible for the same and the concerned Traveller(s) will be solely responsible for it.

2. Payments

2.1. All fares quoted by Travel Agency are subject to availability and are only available when payment has been received from the Traveller(s). There are various ways to pay, including credit/debit cards, bank/wire transfers, cash and cheque. Merchant Fees are charged by Credit/Debit Card Companies and Bank/Wire transfer to process payments.

2.2. If prices, rates or inclusions vary from the quotation or from an advertised price, Travel Agency will intimate the Traveller(s) of any change prior to the booking request and any transaction being processed. It is not uncommon for suppliers (e.g. Airlines, Visa Office, Cruise Liners and Hotels) to sell out, alter or withdraw prices including advertised special rates. If the Traveller(s) does not wish to proceed with the booking at the new price, he/she may cancel the booking request at no cost. Once the booking has been confirmed and payment received, any new specials released cannot be applied to existing bookings.

2.3. Prior to full and final payment being received, the Travel Agency reserves the right to vary prices and rates in the event of changes in exchange rates or price rises made by the suppliers. If the cost of any service increases due to exchange rate fluctuations, price increases, tax changes or any other reason, the Traveller(s) is required to pay the increase when notified by the Agency. The Travel Agency is not liable in any way if any increase occurs due to exchange rate fluctuations, taxes or supplier notifications (increase in airfares, hotel accommodation charges). Rates quoted are appropriate to the particular product at the time of quoting and these rates may change prior to the travel date. All prices are subject to availability and can be withdrawn or varied without notice.

2.4. In continuation to point 1.4, in some cases like special train journeys, hotel or resort bookings during the peak season (Summer Vacation, X-Mas, New Year) full payment is required to be sent in advance and will be non-refundable and non-changeable under any circumstances.

2.5. The price quoted for any trip does not include travel cost to and from the start and/or return point of your trip, personal equipment and personal expenses such as laundry, wines, water, beverages, passport and visa fees, vaccination fees, insurance, tipping to driver and foreign port taxes unless specifically indicated in the package inclusions while on the trip and any other expenses specifically excluded on the trip description and/or invoice.

3. Travel Insurance

Travel Agency strongly recommends that all the Travelers have comprehensive travel insurance at the time of paying a deposit. The policy should provide cover for loss of deposit, cancellation and additional expenses, medical expenses (in respect to any illness, injury, death), repatriation and loss or damage to baggage and valuables. The Traveller(s) are responsible for making any special or increased insurance arrangements which the Traveller(s) deems necessary. Please read your policy details carefully and take them with you on your trip. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

4. Cancellation & Charges

4.1. The deposits on the tours having special offers are NON-REFUNDABLE and NON-CHANGEABLE.

4.2. Cancellation of bookings must be notified to the Travel Agency b message or email by the Traveller(s) personally or the Traveller(s) acting on behalf of the group as soon as possible. The notice of cancellation will only be effective when it is received in writing within the working hours by the Travel Agency. Flights once booked are non-refundable & non changeable, however if there is any name change request, the final decision will be of airlines, since in most of the cases, the name change is also not allowed. In case of a force majeure, if flights are cancelled then the cancellation charges applicable will be at the discretion of the airlines.

4.3. Depending on the reason for cancellation, the Traveller(s) may be able to reclaim the cancellation charges (less any applicable excess) under the terms of his/her insurance policy. Claims must be made directly to the insurance company concerned. Where a part cancellation of a booking affects the basis on which the price was calculated, the Travel Agency will recalculate and re-invoice the Traveller(s) accordingly.

4.4. The Traveller(s) may transfer his/her place to someone else {introduced by the Traveller(s)} if Traveller(s) is prevented from travelling, provided the Travel Agency is notified not less than 2 weeks before departure and subject to practicality of changing certain bookings made in the Traveller’s name. All costs and charges incurred by the Travel Agency and/or incurred or imposed by any of the suppliers, as a result of the same must be paid by the Traveller(s), before the transfer can be affected. Any overdue balance payment must also be received by the Travel Agency.

5. Health

5.1. Acceptance of Risk- The Traveller(s) acknowledges that the trip and services offered by the Travel Agency may involve a significant amount of risk to his/her health and safety. By traveling with the Travel Agency, the Traveller(s) acknowledges that he/she has considered any potential risks to health and safety. The Traveller(s) hereby assume responsibility for all such risks and release the Travel Agency from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Travel Agency. The Traveller(s) is also liable to fill a medical questionnaire prior to booking a trip.

5.2. If any information given in the application form or medical questionnaire is shown to be materially incorrect or incomplete, the Travel Agency reserves the right to cancel the Traveller’s booking or terminate his/her participation in the trip, depending on when the Travel Agency becomes aware of the true position. In this situation cancellation charges as set out in paragraph 4 will apply and we will not be responsible for any costs or expenses incurred as a result.

6. Special requests

If the Traveller(s) has any special requests, kindly inform the same to the Travel Agency prior to making the booking. Where possible, the Travel Agency will endeavour to arrange for such special request with the suppliers. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request in the invoice or any other documentation is not perse a confirmation that the request will be met. Until and unless specifically confirmed, all special requests are SUBJECT TO AVAILABILITY.

7. Modification

7.1. Bookings once done cannot be modified.

7.2. In some cases, modifications can be made subject to the practicality of the same and the cost associated with it. The Traveller(s) must inform the Travel Agency atleast 4 weeks prior to the date of departure about the intended modifications via email and a correspondence call. The Travel Agency does not charge an amendment fee for making the modifications but will only pass on any extra costs involved in providing additional or alternative services which are incurred or imposed by any of its suppliers.

7.3. Change of holiday dates shall be treated as a cancellation of the original booking (cancellation charges will apply as per para 4) and a fresh booking will be made. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.

8. Itinerary

The Travel Agency will provide each Traveller(s) an Itinerary of the trip, if the same is not mentioned in the Trip details. Both the Travel Agency and the Traveller(s) shall at all times adhere to the itinerary. In certain exceptional circumstances or events like adverse weather or road conditions or such conditions amounting to Force Majeure (refer para 10), or operating conditions imposed by owners and operators of accommodation, facilities and transport, the Travel Agency will deviate from the itinerary but for the sole purpose of the safety of the Traveller(s). If in case due to unfavourable weather conditions, the Traveller(s) has to extend his/her stay, then the cost of the same shall be borne by the Traveller(s) only and in no event the Traveller(s) can claim the same from the Travel Agency.

9. Changes and Cancellation on behalf of Travel Agency

9.1. The Travel Agency reserves the right to make changes/correct errors in advertised/confirmed details of the trip and cancel confirmed bookings. The trips offered by the Travel Agency may require a minimum number of participants to enable the Travel Agency to operate them. If the minimum number of bookings required for a particular trip has not been received, the Travel Agency is entitled to cancel the said trip. The Travel Agency will notify the Traveller(s) of cancellation due to abovesaid reason atleast 20 days prior to departure.

9.2. In exceptional cases, the Travel Agency reserves the right to make a “significant changes” in the trip. A significant change is cancellation of trip by the Travel Agency due to occurrence of an inevitable circumstance which the Travel Agency reasonably thinks fit to have a major effect on the said trip. If the Travel Agency has to make a significant change or cancel, the Traveller(s) will be intimidated about the same as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-

 To accept the changed arrangements; or
 To purchase an alternative trip of a similar standard to that originally booked (if available). The Travel Agency will offer the Traveller(s) at least one alternative trip of equivalent standard for which the Traveller(s) will not be asked to pay any more than the price of the original trip. If the selected trip is cheaper than the original one, the Travel Agency will refund the price difference; or
 To choose from other available trips (If the Traveller(s) does not wish to accept the alternative trip option), the Traveller(s) will have to pay the difference amount if the trip so selected by him/her is of a higher price range as compared to his/her original trip. If the selected trip is cheaper than the original one, the Travel Agency will refund the price difference; or

Please note, the above options are not available where any change made is a minor one.

9.3. If the Travel Agency is bound to make a significant change, the Travel Agency will where appropriate, pay the Traveller(s) the reasonable compensation depending on the circumstances and when the significant change is notified to the Traveller(s) subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:

 The Travel Agency is forced to make a change as a result of unusual and unforeseeable circumstances beyond their control such as force majeure, the consequences of which could not have been avoided even with all due care; or
 where applicable, the Travel Agency had to cancel because the minimum number of bookings necessary for them to operate the said trip had not been reached; or
 No compensation will be payable and the above options will also not be available if the Travel Agency had to cancel as a result of the Traveller(s) failure to comply with any requirement of the booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one; or
 Very rarely, we may be forced by “Force Majeure” (refer para 10) to change or terminate your trip after departure but before the scheduled end of your time away. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

10. Force Majeure

A Force Majeure Event means any event beyond the reasonable control of the Travel Agency or the service provider. A Force Majeure event includes but is not limited to fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellion, strike, lockouts, adverse weather condition or any other act or omission of God, Government or any other party beyond the control or responsibility of the Travel Agency or Service Provider. Except where otherwise expressly stated in these Terms and Conditions, the Travel Agency will not be liable to pay any compensation where the Travel Agency is not able to fulfill their obligations or for the loss/damage suffered by the Traveller(s) due to the above mentioned unforeseeable events.

11. Travel Agency’s Liability

11.1. The Travel Agency is obliged to provide, make or perform the trip arrangements as agreed with reasonable care and skill. Subject to the Terms and Conditions, the Travel Agency will be held responsible if the Traveller(s) suffers death or personal injury or the trip arrangements are not provided as promised or prove deficient as a result of the failure of the Travel Agency to use reasonable skill and care in providing, making or performing the trip arrangements.
In such an event, it is the sole responsibility of the Traveller(s) to show/prove that reasonable skill and care has not been used by the Travel agency in order to make a claim against the Travel Agency. The Travel Agency will only be responsible for the doings of their employees, agents and suppliers acting within the course of their employment and/or agreement respectively.

11.2. The Travel Agency will not be responsible for any injury, illness, death, loss of any kind, damage, expense, cost or claim of any description which results due to the following :

 Act(s) and/or omission(s) of the Traveller(s); or
 Act(s) and/or omission(s) of a third party not connected with the provision of the trip and which were unforeseeable or unavoidable; or
 Force Majeure (refer para 10)

11.3. The travel Agency will not be responsible for any services which do not form part of the trip. If any supplier agrees to provide or arrange any additional services to the Traveller(s) i.e. apart from the services included in the trip, the Travel Agency will not be responsible for such services.

11.4. The Traveller(s) is required to inform the Travel Agency of any special requirement related to food, at the time of booking itself. The Travel Agency will try to arrange for such request but shall inform the Traveller(s) prior to the date of departure weather such request has been fulfilled or not.

11.5. Unless specifically mentioned in the trip details, accommodation provided by the Travel Agency shall be on twin sharing basis, i.e. the Traveller(s) cannot compel that he/she will not stay with a Co-Traveller. The rooms will be assigned upon check-in and the list of Travelers will also be provided. The Travel Agency will not be responsible for any kind of loss and/or damage caused to the Traveller(s) because of any other Co-Traveller.

11.6. Transportation shall be provided according to the availability, it is not mandatory that throughout the journey all the Travelers will be in a single vehicle, Travelers can be shuffled to different vehicle also.

11.7. Hotels mentioned in the trip details are subject to availability. The Travel Agency reserves the right to book another hotel of similar standard in case the mentioned hotel is full. If a higher standard of hotel is booked then the Traveller(s) will pay the difference amount to the Travel Agency.

11.8. In case any loss of and/or damage to any luggage or personal possession of the Traveller(s) is caused due to negligence of the Travel Agency, the maximum amount the Travel Agency is liable to pay is Rs.5000/- (Rupees Five Thousand Only) towards the claims of the Traveller(s), unless a lower limitation is applicable under para 11.9. It is the duty and responsibility of the Traveller(s) to have appropriate Travel Insurance covering their personal belongings. In all cases, except involving death or personal injury, where the Travel Agency is found guilty, the Travel Agency at max shall pay to the concerned Traveller(s) the actual amount of the trip (excluding airfare and amendment charges) paid by him/her, unless a lower limitation applies to his/her claim under para 11.9. The above-mentioned amount shall only be paid by the Travel Agency in case the concerned Traveller(s) has not realized any benefit at all from the Trip.

11.9. In cases, where any claim or part of a claim (including those involving death or personal injury) concerns/is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or foreign regulation applies, the maximum amount of compensation that the Travel Agency will be liable to pay to the concerned Traveller(s) shall be limited only.

11.10. The Travel Agency cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information given to the Travel Agency by Traveller(s) concerning his/her booking prior to the Travel Agency accepting it, the Travel Agency could not have foreseen that the Traveller(s) would suffer or incur if the Travel Agency breached the contract; or (ii) which did not result from any breach or other fault by the Travel Agency or its employees or the suppliers. Additionally the Travel Agency cannot accept liability for any business losses including self-employed loss of earnings.

12. Responsibility of Traveller(s)

12.1. The Traveller(s) is responsible to appropriately fill the Booking form and the medical questionnaire.

12.2. The Traveller(s) is responsible for purchasing a Travel Insurance that covers all the aspects of the Trip.

12.3. The Traveller(s) is responsible to inform the Travel Agency at the time of the booking itself about any special requests relating to food, accommodation, medical facilities etc.

12.4. In case the Traveller(s) wishes to exceed his/her trip beyond the duration of the trip, then he/she will be solely liable for his/her safety and well-being for the extended duration. The Travel Agency will not be responsible if the Traveller(s) is met with a bad situation.

12.5. The Traveller(s) is solely responsible for a medical injury caused to him/her due to his/her own negligence.

12.6. The Traveller(s) will be solely responsible to take care of his/her personal belongings.

12.7. The Traveller(s) accepts responsibility for any damage or loss caused by him/her. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made directly to the accommodation owner or manager or other supplier or to the Travel Agency, as the case may be, as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, the Traveller(s) will pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. The Traveller(s) will also be responsible for meeting any claims subsequently made against the Travel Agency and all costs incurred by the Travel Agency (including the Travel Agency’s and the other party’s full legal costs) as a result of his/her actions. The Traveller(s) should ensure to have appropriate travel insurance to protect him/her if such a situation arises.

13. Delays

The Travel Agency shall in no case be responsible for any delays in flights/trains/any mode of transport. The Traveller(s) shall in an event of delay forward their claims to the specific airlines/railways etc. Depending on the circumstances, the Airline/railways may pay the compensation and/or provide refreshments in the event of the significant delay or cancellation. The Traveller(s) shall pursue the airlines or other transport operator concerned for the payments of claims due. It is the responsibility of the Traveller(s) to ensure that they have arrived before time at the departure location of the trip, all costs associated with the same are to be borne by the Traveller(s) only.

14. Decisions, Behaviour and Damage

14.1. During the trip, all decisions will be taken by the tour guide/local guide, employee(s) of Travel Agency and/or employee(s)/service provider and the Traveller(s) must abide by them. The tour guide/local guide, employee(s) of Travel Agency and/or employee(s)/service provider reserves the right to terminate the trip of the Traveller(s) if they are of reasonable opinion that the concerned Traveller(s) continued presence is prejudicing or is likely to prejudice the good order, discipline, safety or successful operation of the trip or the safety or well-being of other Traveller(s) or other third party or if the concerned Traveller(s) breaks any law or regulation of any country where the trip takes place.

14.2. The Travel Agency is of reasonable opinion that all Traveller(s) to have consideration for all co-Traveller(s). If a Traveller(s) behaves in such a way as to cause or be likely to cause danger, upset or distress to the Travel Agency’s staff or any third party or damage to property, the Travel Agency is entitled, without prior notice, to terminate the concerned Traveller(s) trip.

14.3. The Travel Agency reserves the right to terminate a Traveller(s) from the said trip, where the information provided in the Traveller(s) application form or medical questionnaire proves to be materially inaccurate or incomplete. Where a Traveller(s) trip is terminated, he/she will be required to leave the trip immediately and the Travel Agency will have no further responsibility towards him/her. The Travel Agency will not give any refunds and will not pay any expenses or costs incurred as a result of the termination. In addition, the concerned Traveller(s) will have to indemnify the Travel Agency against any loss or expense that may be incurred as a result of his/her actions.

15. Complaints

In the unlikely event that a Traveller(s) has a reason to complain or has had a bad experience on a trip, the Traveller(s) must immediately inform the Trip guide/Local agent (if the same is provided by this) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to the Trip Guide/Local Agent, Supplier of the service(s) and the Travel Agency as soon as possible. If the Complains and claims of the Traveller(s) are not in accordance with this clause, then the Travel Agency shall not be responsible to settle such claims and complaints. In the unlikely event, if the complaint and claim of the Traveller(s) is not amicably resolved instead of going to the court, the Traveller(s) can settle the same through the Travel Agency’s independent resolution scheme, which is both cost & time effective and solution oriented. Full details are available on request.

16. Venue; Jurisdiction and Choice of Law

It is mutually agreed between the Traveller(s) and the Travel Agency that all duties and obligation arising herein shall be governed by the laws of India. If a dispute, disagreement or proceeding arising herein shall be firstly resolved through Arbitration having seat at New Delhi, India and if not resolved, the same shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.