Terms and Conditions.
All our products detailed in this website are sold subject to these Terms and Conditions and the same shall govern the contract between us. In the event of booking of any third party tours or travel products or services like cruise, flights, coaches, sightseeing etc, the Terms and Conditions specified by such Tour Operator, including their payment schedule, cancellation, refund etc. shall be applicable, in addition to our Terms and Conditions.
The services comprising the tours are provided by independent entities that own or operate airlines, surface transportation, hotels, restaurants, kitchen caravans, caterers, ships and cruises, places of entertainment like theme parks, museums, art galleries etc. Though we select reputed suppliers after we inspect their infrastructure, however, we have no direct control over such services or persons providing such services or their staff. We cannot be held responsible if the contemplated service is not provided by the supplier or there is a defect or deficiency in the services provided by any supplier. Consequently, any delay injury, death, loss or damage is caused on the above account does not render us liable to the Clients who have chosen us as organisers. However, in case a client is not satisfied with a particular service, we can take up the matter with the supplier if we are intimated immediately as per the process described in this document.
Similarly, we do not take responsibility for any act or omission of co-travellers or third parties, if it results in injury, damage or danger to the life/limb or property of any Client.
As we book services in advance and are bound to honour the commitments as to payment to the suppliers, cancellation of services earmarked results in the Company losing money depending upon the time of communication of cancellation to the supplier and therefore, the cancellation schedule, which is based on the above amongst other factors becomes applicable on cancellation.
DESCRIPTION OF SERVICES IN THE WEBSITE:
We upload the web-pages several months in advance. Naturally, the web-pages describes the then available services as accurately as possible. However, factors and circumstances beyond our control like traffic problems, weather conditions, fairs, festivals, sport events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants, overbooking of hotels/flights, cancellation/ re-routing of flights or railway, closure of / restricted entry at a place of sightseeing may result in changes in the services / itineraries. We, therefore, reserve the absolute right to alter, amend, change or modify the Tour Package, Itineraries, Tour Schedule, the Travel Plan and sightseeing. Where we may know of these sufficiently in advance we would notify you, otherwise our Tour Managers or local representative/s would inform you of the changes on the spot.
In case the alternate arrangements made are materially superior as compared to the ones described in the website, we may charge extra for the same anytime.
The services to which the Client is entitled to are described in the Website and/or the price grid or the concerned Invoice as the case may be. Please note that neither our staff members nor you are authorised to promise any service or facility over and above the mentioned ones and agree upon at the point of sale.
For the comfort and convenience of the Clients, we would sometimes amend the itinerary. The Company would also try to inform the Client about these changes, prior to the start of the tour or during tour if that be possible.
• The Client means the person/s in whose name and/or whose behalf the Booking is made and/or whose name appears on the Booking Form, Invoices and Service Voucher and includes every person availing the services of the Company.
• 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.
• Independent contractor means supplier of any infrastructural facility and shall include hotel managements, airlines, caterers, restaurants, places of entertainment like theme parks, museums, art galleries etc shipping company, railway, ferry, cruise, coach who are to provide the services to the Client.
• Third party product – means a product designed and operated by any person or concern other than the Company and will include cruises, rail passes / tickets, group/individual tours, hotels, transportation etc.
• Gender – the male shall include the female.
• Number – the singular shall include the plural.
Persons fulfilling the criteria set by relevant provisions of law relating to foreign exchange in India and R. B.I. Rules, whose passport is valid for at least six months subsequent to the date of departure of the tour and have been granted relevant visas to reach the point of commencement of the tour and travel throughout with the group are eligible to book on the tour.
You have been supplied with complete details of the Tour Arrangement / Itinerary / Price Grid and these Terms and Conditions for the relevant tour. You shall read the same carefully before filling and signing the Booking Form and the Terms and Conditions. You shall pay the non-refundable interest free booking deposit as per Divine orchid hoildays product policy at the time of booking. The Terms and Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties. In case of one or more but not all the Clients signing the Booking Form / Terms and Conditions, it shall be deemed that the others have duly authorised the concerned signing the Client/s to do so. In case you sign the Booking Form for and on behalf of the persons named in the Booking Form, it shall be deemed and construed that the Clients have duly authorized you to sign on their behalf. The signing of the Booking Form and the Terms and Conditions by the Client or by you shall reconfirm the acceptance of the Terms and Conditions contained herein by the Client/s in totality.
The Company reserves the right to decline to book any person/s for any Tour or to cancel their booking without assigning any reason.
No person including the Employee/s the Company or yourself have the authority to alter, amend, or waive any stipulation, representation, term or condition set forth in this document. Assurance if any, which is contrary to the terms and conditions given shall not bind the Company.
The Company has the right at any time to:
Terminate the Contract prior to the commencement of the Tour without assigning any reason whatsoever.
Amend, alter, vary or withdraw any tour, holiday excursion or facility it has advertised or published or to substitute a service by service of similar class or type if it is deemed advisable or necessary.
In either of the above cases, the Company shall not be liable for any refund/compensation whatsoever.
The company shall decide the prices of the respective tours from time to time and the relevant price list will be furnished to you from time to time. The said price list shall interalia include the price of the tour payable by you to us and the maximum price at which the said tour can be sold to the end user. In any event, you shall not sell any product at a rate higher than the maximum retail price fixed by the company.
BOOKING AND DEPOSIT
You should produce the original passport of the persons travelling at the time of booking.
Along with the Booking Form, you shall enclose the non-Refundable Interest-Free Deposit amount.
THE VISA DEPOSIT
In case the visas are to be obtained by us for the clients, you shall also pay a full Visa fee as per Divine orchid hoildays policy for any of the International tours at the time of booking on tours that require visas.
The visa fee would be utilized towards the cost of visas. If the amount spent for visas including administrative charges is exceeded such amount, you shall pay the difference. In the event of cancellation of the tour by either party, the said deposit would be refunded after deducting the amount spent by the Company including administrative charges and in case such amount is more than the deposit amount, you shall be liable to pay the difference to the Company.
Unless otherwise, the company receives the full payment, the company shall not be liable to process the booking / obtain visas for the clients.
It is entirely your responsibility to arrange, provide and carry on tour valid travel documents including Passport, which is valid for a period of at least six months from the date of travel on the tour with necessary Visa/s and immigration clearance (if applicable), confirmed air tickets, documents confirming insurance to cover risk to life, limb and property for the duration of the tour, medical clearances, inoculation/vaccination certificates as the case may be to be able to travel as per the tour itinerary.
IF YOU APPLY FOR VISAS THROUGH THE COMPANY
It is convenient and safe to have the Visa applications made to the concerned Consulates / Authorities through the Company. However, for certain visas including the visas for the USA and UK, the Client would have to attend a personal interview at their own cost.
As granting or rejecting visas and immigration clearance is the sole prerogative of the concerned sovereign governments, the Company shall neither be responsible in case of non-granting of such documents nor liable for any delay, denial or other related act/omission or for any loss, expense, damage or cost resulting therefrom.
You should ensure that you submit the relevant documents and photographs within the stipulated time as mentioned in the Documentation Check List given to you at the time of booking of the tour. Any additional information, details and documents, you possess to support the visa applications should be made available to the Company. The Company would not be responsible in any way in case any clerical error regarding names, attachment of wrong photographs, duration, type of visa (single/multiple entries) occurs in the consulate/embassy. You shall be fully responsible to check the visas, their validity, details and the correctness thereof. In the event the application for the visa made by you or the Company on your behalf is rejected by the concerned Embassy or Authorities due to inadequate supply of documents furnished by the applicant or due to any other reason whatsoever, the Company shall not be liable or responsible for the same.
The cost of processing visas is not included in your Tour Price unless provided otherwise. The visa fee when prescribed includes the actual visa charge, cost of processing fees, the professional charges of the Company and overheads. Even if visas are rejected, the stipulated fees of the Company shall be payable by you. There would be no refund if anyone unable to travel due to the said reasons. In such cases, the non-refundable deposit paid by you shall be forfeited and no claim whatsoever shall be made for the same and the cancellation schedule shall be applied in addition as applicable.
If the passports are required to be mailed for visas / POE to different cities, the company would mail the passports by reputed courier. In case of loss or delay of the passport arising out of such transmission, the company would not be responsible to compensate the holder for any loss whatsoever. The position in respect of cancellation of Tour by you due to non-availability of travel documents would not change only by virtue of your having applied for such documents through the Company.
In the event that a client is unable to travel on the tour originally booked by him, due to rejection of visas by the concerned embassy, the Company may in its discretion offer such client an option to postpone his tour to other available date or transfer his booking to any other tour. In such case the transfer fee for the transfer of the tour shall apply. In case the Client declines the offer, the cancellation schedule shall apply.
BALANCE PAYMENT, INVOICES, SERVICE VOUCHERS
The prices quoted in this website have been calculated at the rate prevailing at the time of printing of this website. The Company reserves the right to amend the prices published in this website and to charge accordingly 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 tax, hike of airline/rail charges before the date of departure. All such increases in price must be paid to the company in full before the departure of the tour.
All services would be as specified vide the Invoices and Service Voucher(s). A Service Voucher(s) is the written confirmation of the entitlement of the Client to travel on the tour and avail the services and the same must be presented by the Client to the Tour Manager or Service Provider as applicable on the first day of the tour. Services shall not be provided if the relevant Service Voucher in original is not produced. For some countries, the Client would be handed over internal flight/train tickets, hotel and other vouchers by the Tour Manager/company representative on arrival at the holiday destination.
The Service Voucher(s) along with air-tickets and other travel documents would be given to you 1 days prior to the departure, only on payment of full tour cost including foreign exchange component 45 days prior to the departure of the tour and adherence to the schedule of documentation by you. If the booking is accepted less than 45 days prior to departure, you shall make full payment of the tour cost including foreign exchange component and deposits at the time of booking. If a booking is accepted by the Company on a date closer than 45 days before departure, the air tickets and other travel documents would be given to you as early as may be possible prior to the departure time.
It is entirely your responsibility to check the Service Voucher(s) / Tickets / Visas / Insurance Policies carefully and to let the Company know immediately in the event of any error.
It is mandatory that you purchase an Overseas Medical and other Insurance Policies to cover the risk to life, limb and property whilst on tour for the duration of the trip.
It may be noted that the tour cost does not includes the insurance premium and that the Clients shall have to acquire the same at their cost. In case if the cost of the insurance is included in the tour or you want us to obtain the insurance policy for the above purpose, such policies would be for cover for the duration of the trip and relate to persons below the age of 60 years. In case of clients above the said age and in case of clients seeking extended stay abroad, there would be additional premium payable by them. Further it would be your responsibility to produce such medical reports as might be required by the insurer. Further please note that you would have a direct contractual relation with the insurer and the Company is only a facilitator.
You have to check the accuracy and correctness of the policies so obtained and in case of any errors or lapses report the same to the Insurance Company and get the same rectified as the company would not be responsible for the same.
It shall be your duty to inform the Company in case the Client has any medical condition that may affect his ability to enjoy and pursue fully the Tour Arrangements and wherein the interest of the Group or any member thereof is prejudicially affected. The Company reserves the right to ask any Client to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed, the Company is not be liable to provide any assistance or money back.
TOUR COST COMPONENT
It is mandatory that the Client should avail the foreign exchange component of the tour cost from the Company under his Basic Travel Quota entitlement. You have to pay the total tour cost component in Indian Rupees by way of a demand draft in favour of the Company / bank refered by Divine orchid hoildays. The Client would submit his request on a pre-printed Basic Travel Quota Form, which has to be completed and signed by him. The Company would forward the said form to the Authorised Dealer / Full Fledged Money Changer to release the amount of required foreign exchange to the Company for the cost of the tour as a part of the Basic Travel Quota of the Client.
Under the present guidelines of the Reserve Bank of India, all residents holding Indian passports are entitled to avail an amount not exceeding USD 10,000 or its equivalent per person in one calendar year for one or more private / leisure visits under the Basic Travel Quota. All individual travellers holding an Indian Passport are entitled to avail an amount of USD 25,000 or its equivalent per visit while travelling on business. In both the above cases the traveller cannot avail in excess of USD 2,000 or its equivalent by way of cash component.
PERSONAL FOREIGN EXCHANGE REQUIREMENT
The Company would be happy to provide the Client additional foreign exchange required for his personal use whilst travelling overseas. This exchange would be drawn from the balance of the Basic Travel Quota component of the Client with the Company.
The Client may take the foreign exchange for personal use partly in currency, partly in travellers cheques or Travel Currency Card. Travellers cheques are a safe way to carry money as they are easily encashed for a small service fee and can be replaced if they are stolen or lost, provided the Client has the lost travellers cheque numbers and the counterfoil subject to the rules applicable. Alternatively, one can take a Travel Currency Card, which is by far the safest way to carry money and make payments. The card gives anytime access to cash at over 8,00,000 VISA / VISA PLUS ATMs. This card is also accepted by over 12 Million Visa Electron Merchant Outlets across the world.
AIRLINE ‘CHANGE IN RESERVATION FEE’ It is absolutely necessary to have the return air seats to India confirmed prior to the departure from India.
The Clients wishing to change the date of their return journey after departure from India shall have to pay “Change in Reservation Fee”, directly to the airline, subject to availability of seats in the same booking class. This fee may range depending upon the airline and the class of booking.
TRAVEL ON YOUR OWN
If the Client wishes to travel by his own Air Tickets, he must provide us with correct travel details. The Company does not take the ownership of any alteration in the plan arising due change in airline schedule.
Though the ticket issued to the Client for a particular sector may have confirmed status, due to overbooking of seats the airline may offload any passengers and accommodate him on a subsequent flight for which the company will not be responsible.
If a client on an escorted tour wants to return on a date subsequent to the date on which the escorted tour ends, and in case of a client on individual tour, it shall be solely the responsibility of the Client to re-confirm the air tickets 72 hours prior to the departure.
CANCELLATION OF THE TOUR BY CLIENT – HOLIDAYS OF INDIA
As we book services 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 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 during office hours. The letter must clearly mention the names of all passengers who want their bookings to be cancelled. Please refer to the applicable cancellation charges on our service voucher or confirmation letter.
Further for the purpose of this clause, cancellation can be due to any reason whatsoever including the reason of inability to participate due to any reason including illness, death, court orders, non-availability of travel documents etc. As per the Booking Conditions, we are constrained to levy the aforesaid Cancellation Charges in addition to the actual expenditure incurred towards, retention charges by supplier. Company reserves the right to cancel a tour departure without assigning any reason. Under such circumstances amount paid by you will be refunded forthwith.
CANCELLATION OF THE TOUR BY CLIENT – GENERAL
If the Client wants to cancel the tour, he must intimate the Company in writing mailed to us at our office address on working days within office time. 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 for 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 office on working days within office time. Please refer to the applicable cancellation charges mentioned on our service voucher or confirmation letter.
In addition to the above, in case of cancellation of tour by either party, the amount spent by the Company on visas, medical insurance, POE including administrative charges would be payable by the Client. If the total cancellation charges mentioned above exceed the amount paid by the Client, the balance amount would be payable by the Client.
In case of Third Party Products, the rules relating to cancellation and the cancellation schedule prescribed by the concerned Third Party Service Provider would be applicable and in addition the Company shall have the right to claim service and communication charges. It is a clear understanding between the parties that for the purpose of this clause cancellation can be due to any reason whatsoever including the reason of inability to participate due to any reason including illness, death, court orders, non-availability of travel documents etc.
CANCELLATION OF THE TOUR BY COMPANY
In the event that the Company cancels a particular Tour, the Company shall refund the amount of the cost of the said Tour to you after deducting the expenses incurred by the Company on visa, insurance premium, POE charges, and other overheads as applicable. The Company shall not be liable to pay any compensation, interest or damages to you.
In the event of the Company exercising its rights to amend or alter any Tour or holiday advertised in their website after such Tour or Holiday has been booked but prior to departure, the Client shall have the option to continue with the Tour or holiday as amended or altered or to accept any alternative Tour or holiday, which the Company may offer. In either of these above cases the Company shall not be liable to the Client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund.
The Company shall not be responsible and / or liable for any damages caused to the Client due to reasons beyond the control of the Company (Force Majeure / Vis Majeure).
The Company shall, in no circumstances whatsoever be liable to the Client in case of:
Any loss of life, limb or property, sickness, delay, discomfort, additional expenses incurred by the Client, consequential loss and/or damage or any kind suffered by client howsoever caused arising out of any act, omission, default of any Independent Contractor or by any servant or agent employed by the Independent Contractor or third person who may be engaged or concerned in the provision of accommodation, meals, transportation, entertainment, refreshment or any other service comprising the tour package.
Failure on the part of airline to accommodate passengers despite having confirmed tickets or cancellation or change of route or delay of flights.
In any case, no liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever. The immunities provided under this contract to the Company 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 the tour or any part thereof cannot be conducted due to Force Majeure or Vis Majeure, the Company shall not be responsible to give any refund to the Client. However, it may at its sole discretion the Company give the refund based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators, etc. the decision of the Company on the quantum of refund shall be final.
Refunds (if any) would be paid by the Company directly to you.
It would take at least 45 days to process the refund (if due). In case of refund of foreign currency component, the said refund shall be made in Indian Rupees only at the prevailing buying rate on the date of refund as per existing Rules and regulations. It is clearly understood that there shall be no refund whatsoever if the Client does not or cannot utilize any of the services like hotels, sightseeing, rides, cruises, meals, entrance fees, optional tours etc due to any reason whatsoever.
CONDITIONS OF TRAVEL
The Client would have to strictly follow the Tour Program and return to India as per the validity of the air ticket. There shall be no refund if the Client fails to join at the commencement of the tour, or joins the tour later or leaves the tour before culmination. It be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the Company at the appointed place, date and time. Those clients who do not travel throughout the tour shall under no circumstances be entitled to any refund. In case a client along with his companions is compelled to discontinue the tour due to any reason whatsoever including injury, illness, death or loss of passport or any travel documents, no claim shall be entertained for refund of money paid for unutilized services. If a client is unable to reach the place of commencement of the tour due to any reason whatsoever, his booking shall be treated as ‘no show’ on the tour and 100% cancellation charges would be levied. If a client avails pre – tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the tour at the appointed place, or cancels the tour after using the air tickets or pre – tour arrangements or part thereof, it shall be treated as ‘no show’ and there would be no refund whatsoever for the unutilized pre-tour or main tour services. The Clients shall not behave in a manner which may cause distress or annoyance to other co-travellers or which may create the risk of danger or damage to property of the Company, the co-travellers or others. The Company shall be under no liability to any such person.
As the Client would be out sightseeing most of the time and retire to room only for the night, the Company selects hotels at locations, which give comfort and value for money. Hence depending on the day-to-day itinerary, the hotel may be confirmed either in the city or away from the city centre. Most hotels do not have air conditioners or fans. Double rooms in Europe are comparatively small and single rooms are even smaller. A double room has either a single queen-size bed or two separate beds. If the Client requests for a room with a queen-size bed, the same would be provided subject to availability as most of the hotel rooms in Europe are twin-bedded. In case of non-availability of a room with a queen-size bed, a twin bedded-room would be given.
The Company recommends that a double room be shared by not more than 3 persons, as a triple room is normally of the same size as a double room. In case of a triple room, the third bed is a rollaway bed or cot.
A child travelling for whom “without-a-bed” charge has been paid would not be entitled to a separate bed in the hotel. In case “with bed” charge has been paid for the child and the Client decides not to avail such facility whilst on the tour, he would not be entitled to any refund. In case the Client decides to seek extra bed for the child booked on “without bed” basis on the tour subject to availability, then he shall be bound to pay additional amount charged to them by the concerned hotel directly.
In case of a request in writing at the time of booking by the Client for preference of rooms, the Company would make every effort for the same; however, as room allocation is done by the hotel management there is no guarantee in this regard.
The Client travelling by air would be subject to the airline restrictions/limitations on baggage weight/size/ number, currently which for Economy Class is 23 Kg and one handbag (cabin luggage) not exceeding 7 kg per person except for flights to USA and Canada, where the passengers are permitted to carry two pieces of checked-in baggage and one handbag.
All baggage and personal effects are at all times and in all circumstances the responsibility of the Client. It is advisable that the Client does not carry valuables on the tour. However, if the Client carries any valuables, the same should preferably be kept in the Safe Deposit Lockers, that are commonly made available in most of the hotels.
Tipping is customary (unless otherwise stated in the itinerary/pricing) in all parts of the world for services rendered (e.g. porters, coach drivers, guides etc).
COACH / SITTING
The Company uses non-airconditoned, air-conditioned / air-cooled luxury coaches depending on the tour and the city on operations. The Clients shall follow the instructions of the local representative in this regard. Smoking, consumption of alcoholic beverages and snacks is strictly prohibited on coaches.
The Clients should not leave behind any property in the coach while disembarking. The Company would not be responsible or liable in case of loss of such property under any circumstances.
The drivers are bound by restrictions concerning maximum driving hours per day and per week, and the itineraries are planned having regard to the same. It is, therefore, essential that the itineraries, schedules and timings are strictly adhered to by the Clients so as to ensure that all the services can be duly provided. If the Client misses any service due to unpunctuality, there would be no refund for the same.
LAW & JURISDICTION
Law prevalent in India is applicable and as a part of the cause of action arises in Delhi and the Company has its Registered Office in Delhi, it is agreed between the parties that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in court/forum/ tribunal in Mumbai alone having jurisdiction to decide the matter.