There is no contract between the company and the holiday participant until the company has received the appropriate non-refundable deposit. The full payment must be received in accordance with procedure laid down in the brochure under the heading " How to book." If not paid in that time the company reserves the right to cancel the booking with consequent loss of deposit and apply scale of cancellation charges as mentioned in this brochure.
The company has the right at any time and for any reason:
To terminate contract after acceptance of deposit but prior to the commencement of holiday without assigning any reason whatsoever. In the event, the company terminates the contract, the company may refund the amount of deposit to the holiday participant without payment of any interest.
To amend, alter, vary or withdraw any holiday, excursion or facility it has advertised or published or to substitute an independent contractor of similar class if it is deemed advisable or necessary. In either case, the company shall not be liable for any damage, additional expense or consequential loss suffered by the holiday participants or for any compensation claim.
It is the responsibility of the holiday participant to hold valid transfer documents such as passport and visas / valid Identification cards issued by Govt. authorities and to furnish all documents required by the company for application of the same. In the event the application for visa made by any holiday participant or by the company on behalf of the holiday participant is rejected by the concerned embassy or authorities due to inadequate documents furnished by the applicant or due to any other reason whatsoever, the company shall not be liable or responsible for the same. All cost, charges in respect of the said application for the visa shall be borne by the holiday participant.
Health and insurance: It shall be the duty of the holiday participant to inform the company in case the holiday participant has any medical condition that may affect his ability to enjoy and pursue fully the holiday arrangements. The company reserves the right, where appropriate, to ask the holiday participant to provide written certification of his medical fitness before his departure. It is advisable that the holiday participants acquire adequate insurance cover to secure their life, health and property. It may be noted that the holiday cost does not include the insurance premium and that the holiday participants shall have to acquire the same at their cost.
Forfeiture of deposits: The company shall be within its rights to forfeit the non-refundable interest free deposit paid by the holiday participant to the company along with the prescribed booking form duly completed with the request for confirming the seat (s) for the holiday booked by the holiday participants, in the event the holiday participant cancels the booking or on failure on the part of the holiday participant to adhere to the holiday payment schedule as informed in the documentation checklist or is unable to travel on the holiday booked by the holiday participant due to any reason whatsoever, including medical ground or sickness, the non-refundable interest free deposits shall stand forfeited, and the scale of cancellation set out in the "How To Book" section of the brochure shall be applicable and binding.
No person other than the company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition set forth in this brochure.
In the event of the company exercising its rights to amend or alter any holiday advertised in their brochure after such holiday has been booked, the holiday participant shall have the right:
a) To continue with the holiday as amended or altered.
b) To accept any alternative holiday which the company may offer. In either of these above cases the holiday participant shall not be entitled to or the company shall not be liable to the holiday participant for any damage, additional expense, consequential loss suffered by him or to pay any amount as refund.
c) In the event that the company is unable to conduct a particular tour, the company shall at its own discretion refund the amount of the cost of the said holiday to the holiday participant without any interest on the same. The holiday participant will not be entitled to make any grievance thereafter in respect of the same.
The company shall, in no circumstances whatsoever be liable to the holiday participant or any person travelling 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 them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the client or for any person travelling with him howsoever caused.
c) The temporary or permanent loss of or damage to baggage or personal effects howsoever caused. In this condition the expression "howsoever caused" includes willful negligence on the part of any person.
d) If in the event that the holiday participant is booked on a particular airline and due to certain reasons the said flight is over booked and the holiday participant is not allowed to board the flight, the holiday participant shall not hold the company responsible for the same and no claim whatsoever can be made by the Holiday Participant against the company.
e) The company shall not be responsible and/or liable for any damage caused to the holiday participant due to reasons beyond the control of the company (Force Majeure / Vis Majeure).
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 or agreed to be paid for the holiday and shall in no case include any consequential loss or additional expense whatsoever.
If the holiday participant has any complaint in respect of services provided by any of the independent contractors, the holiday participant shall immediately notify the same in writing to the independent contractor and a copy thereof should be handed over to the holiday manager of the company in order to enable the company to take up the matter with the independent contractor.
Any claim or complaint by the holiday participant must be notified to the company in writing within twenty eight days of the end of this SOTC Holidays of India. No claim notified to the company outside the period will be entertained and the company shall incur no liability in respect thereof.