Booking Terms And Conditions
The Booking Form constitutes the entire Agreement between WishTrips (“Operator” which expression includes all other companies/entities in its group, its operators and agents only to the extent they may provide any service or part thereof) 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 from, the Travel Reservation Ticket (TRT)/Service Voucher/s)
2-Conditions of Passage/Contract
i) In the event the Customer makes a booking with a travel agent which involves only some travel related arrangements by Operator, customer shall be deemed to have his contract only with his travel agent who shall be solely responsible and liable. ii) There is no contract between the Operator and the Customer until the Operator has received the appropriate non-refundable deposit. 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. iii) 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. iv) The Operator has the right at any time and for any reason: a) To terminate the contract 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) 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. v) In the event of the Operator exercising its right to amend or alter any Tour or holiday advertised in its Brochure/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 alternative Tour or holiday which Operator may offer, orc) To unconditionally accept the return of the tour cost charges in full and final settlement.vi) In any of the above cases, the Customer shall not 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. vii) 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. viii) 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 consequential loss or additional expense whatsoever ix) All Tours/services/arrangements will be subject to and operated/ provided in accordance with applicable laws, rules, regulations and guidelines including of the Government of India/Reserve Bank of India.
3-Operator undertakes to arrange for the Customer, through carriers, hotels and other providers of services, only the services detailed in the accompanying Travel Reservation Ticket (TRT)/Service Voucher/s).
5-The Customer has been supplied with details for the Tour arrangements and the Tour Brochure/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 filling and signing the Booking from or providing acceptance on Email on Bookings Terms and Conditions. The Booking Terms and Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties, on the Customer 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 signing the Booking Form it shall be deemed that the others have duly authorized the concerning signing Customer/s.
6-The signing of the Booking Form 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 nine months from the date of commencement.
- ii) Customer shall be solely responsible for obtaining all requisite visas and ensuring that the visas are valid for the frequency/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 requisite permissions, statutory clearances, Income Tax clearances, certificates 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 and operator shall not in any manner be responsible for or liable for any act or omission of such agency.
- v) Customer agrees that operator shall not 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.
8-Health and Insurance
- i) It shall be duty of the Customer to inform the Operator in case the Customer 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.
- ii) The Operator reserves the right to ask Customer to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed the Operator will not be liable to provide any assistance or money back.
iii) The Operator makes it a mandatory condition that the Customer is adequately covered by Overseas Medical Insurance policy and other appropriate Insurance Policies to cover the risk of life, limb and property while on tour, as the Operator will not be responsible for the same.
- iv) It may be noted that the tour cost does not include the insurance premium and that the Customer shall have to acquire the same at his cost.
- Reservation on the Tour shall be accepted by Operator only upon receipt of the Booking Form duty signed or acceptance on email wide mentioning Booking Terms and Conditions along with a non-refundable interest free deposit as mentioned in succeeding para which is adjustable against the Tour cost. It is expressly stated that these amounts may vary from time to time after booking.
- The Tour Cost, as detailed in the Brochure 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 to words the : Thirty days prior to Tour Cost : departure of tour.
- If the 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 charge of at least Re 2,000/- 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 y.
- All payments towards the tour cost must be made by the client to 360Trip in accordance with the procedure and time frame mentioned below.
- All payments made within 10 days prior to the tour departure date will have to be paid by online transfer / cash / Demand Draft only.
- Payments made towards the foreign exchange component of the tour will be calculated as per the rate of exchange of the day of payment.
- Asia, Cruise Included Packages, Middle East and Islands Timeline for Minimum Per Person Payment to be made by the Client-ChargesAt the time of booking – Interest free non-refundable deposit-INR 10,000 per person*By 25 days from date of departure of the Tour-50% of total tour costBy 15 days from date of departure of the Tour-100% of the total tour cost
- Europe, Cruise Included packages and Rest of the World
Timeline for the Minimum Per Person Payment to be made by the Client-Charges At the time of booking – Interest free non-refundable deposit-INR 25,000 per person*Before Visa processing / Visa application/ documentation – Non-refundable-INR 25,000 per person*By 35 days from date of departure of the Tour-60% of total tour cost By 25 days from date of departure of the Tour-100% of the total Tour Cost
- USA, Cruise Included packages and Rest of the World
Timeline for the Minimum Per Person Payment to be made by the Client-Charges At the time of booking – Interest free non-refundable deposit-INR 25,000 per person*Before Visa processing / application/ documentation – Non-refundable-INR 35,000 per person*By 45 days from date of departure of the Tour-60% of total tour cost By 35 days from date of departure of the Tour or No Show-100% of the total Tour Cost* In case of cruises, 100% of the cruise cost to be paid at the time of booking & will be forfeited in case of any cancellations, irrespective of time of cancellation.
When a Cancellation is made-Cancellation Charges per person From booking date until 45 days from date of departure-Booking amount + Visa charges + Cruise amount (if applicable)45 to 36 days from date of departure-60% of the tour cost35 days or less from date of departure or No Show-100% of the tour cost
- Full payment must be made in accordance with the procedure stated above. xi) In case of noncompliance there to by the client, the company reserves a right to cancel the tour / booking of then client with subsequent loss of deposit and apply and recover the cancellation charges as mentioned herein.
- All services 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 in addition to the Operator Terms and Conditions. Any cancellation of tour / services has to be communicated in writing, clearly stating the reasons for cancellation
- Operator is still liable to pay to all suppliers / vendors the agreed charges including penalties, if these services are released /cancelled within the above mentioned time frame.
- If circumstances force Customer to cancel the Tour, the cancellation must be intimated to Operator in writing. All Cancellations will attract Cancellation Charges as mentioned in Payment para above
- Note: In addition to the above booking policy; for Individual/ FIT booking the following is applicable:-
- 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.
- For dynamic properties like Marina Bay Sands / Atlantis / Venetian etc. and Reconfirmed Bookings, the above Cancellation may not be applicable and could vary.
- For Air tickets being issued: Full INR component has to be collected before issuance, else price will be subject to change.
- In case of cruises, 100% of the cruise cost paid will be forfeited in case of any cancellations, irrespective of time of cancellation.
i) There is no refund payable for any utilized or partially utilized services (e.g. Airline tickets, Meals, Entrance Fees, Optional Tour, Hotel, Sightseeing etc.)
- 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 .
iii) If a tour is cancelled by the Operator, then all monies 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 policies 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.
- Refunds, if any, shall be processed within a minimum period of 45 days of cancellation/termination.
- 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) The Customer understands and agrees that there shall be no refund if he does not utilize any service included in the Tour Cost or paid for like meals, rooms, entry tickets, excursions, etc. nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.
12-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 along with the booking from duty signed 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 guaranteed.
- 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.
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 will 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. Generally, one medium sized suit-case (30”x16”x10”) weighing not move than 20 kgs. is permitted. Customer will, however, make himself familiar with these limitations. Operator shall not be responsible for any cost, expense damage or other exposure as a result of such limitations of the carrier.
- ii) Customer may take out baggage insurance directly or through the assistance of operator against the requisite fee.
Customer understands that it is customary to tip the Coach drivers, porters and the guides in all parts of the world for services rendered. The Tour Manager of the Operator will be pleased to advise the Customer of the same.
i) Operator is responsible for arranging the Tour Services as applicable and stated in the Brochure
- ii) Customer acknowledges that Operator acts only as agent of the Independent Contractor and Operator is not responsible or liable for any act or omission of such independent contractors. Customer agrees that all tickets, coupons exchange orders etc. are furnished and issued subject to the terms and conditions 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 certificates/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 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 her on account of loss damage cost expense or otherwise of whatsoever nature, for any act or omission not directly attributable to Operator. In the event, it is determined that the loss, damage, cost or expense is the direct result of an intentional negligent, act or omission of Operator, Customer shall be entitled to only refund of the Tour Cost or part thereof, paid by him, as the case may be.
- 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 is a Travel and holiday organizer only. 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 brochure. The Operator is responsible for arranging the Tour services as applicable and stated in the brochure. Though the Operator takes care in selecting all the ingredients in the customer/s holiday, the Operator can only select and inspect the. 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 after, 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:
- a) Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any kind of theft howsoever caused.
- 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 the Customer including Force Majeure/Vis Major.
iii) In the event that Operator is unable to conduct a particular Tour the Operator shall at its own discretion refund the amount of cost of the said Tour to the Customer without any interest on the same The client will not be entitled to make any grievance thereafter in respect in respect of the same.
- iv) 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 the 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.
i) The communication directed at the address off the customer as disclosed in the ‘Booking Form’ 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. Operator shall not be responsible for any error on part of such travel agent in this regard.
i) If the customer on an escorted tour, has any grievance in respect of any services provided by any of the independent contractors, the client 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 grievance is genuine. If the customer fails to do this, any right to compensation or refund which the Customer may have, will be extinguished or reduced .
- ii) In case of Customer is not escorted by a tour manager, any grievance concerning services of any independent contractor, should be communicated to Operator at its registered office in writing 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.
iii) Any complaint by the Customer must be notified to the Operator in writing within 14 days of the end of the Tour as provided hereinabove. No claim notified to the operator outside this period will be entertained and the operator shall incur no liability whatsoever in respect thereof.
20-Withdrawal of Membership
Operator reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety or 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 Operator’s managers, including tour managers, employees, servants and agents but not to the independent contractor selected by the Operator.
This contract and all matters and disputes arising out of or relating to the contract shall be subject to the laws of India and courts/tribunals forums of the National Capital Territory of Delhi shall have exclusive jurisdiction.