Terms And Conditions
TRAVEL BUSINESS CONDITIONS
A. Tour Contract:
A.1 Travel or Tour Package Confirmation
A.1.1. After the Finalizing the Booking with Companion Enterprises Pvt Ltd, Guest / Client / Traveler / Tourist (You), will receive confirmation. Along with confirmation of travel package, you will receive the complete details of the travel arrangements and shall also includes the additional terms and conditions issued by the Company or policy statements altogether with an invoice for the upcoming trip, in addition to a booking form sent by the Company to You.
A.1.2. After You confirm the booking, which means by accepting the travel confirmation, the contract shall come in to effect (“Tour Contract”).
A.1.3. You shall be bound by the provisions of the Tour Contract as well as these General Business Conditions (“Conditions”) and any additional terms that are set out in the travel confirmation.
A.2 Mode of Confirmation
You shall confirm a booking by filling and sending the scanned Copy of the booking form provided to you with the travel confirmation.
A.3 Confirmation on behalf of other travelers
A.3.1. You as representative may also confirm a booking on the behalf of all the travelers listed in the Tour Contract, for whom you will be fully taking the contractual responsibility just as for yourself.
A.3.2. In such cases, it shall be deemed that You are authorized to accept the travel confirmation on behalf of all those travelers and any and all such other people shall also be fall under and accepted the terms and conditions mentioned in the Tour Contract, these Conditions and any additional terms that are set out by the Company in the travel confirmation.
B.1 Tour Price
B.1.1. The Company will send You a travel confirmation along with an invoice for the upcoming trip, which shall become effective once You confirm the travel package booking.
B.1.2. The invoice shall contain details of the costs associated with the tour (“Tour Price”) which shall include the cost of the products and services You will be availing during your travel/holiday, other travel related expenses and all applicable taxes.
B.1.3. The Company may either send the confirmation to You by email or post depending geographical distance at the time of booking and You shall make payments based on the following schedule, and by mode of payments mentioned in the Tour Contract:
B.1.3.a. After you received and accepted the travel confirmation along with invoice from the Company, Forty Five percent (45%) of the total invoiced price of the trip must be paid as an advance for confirmation of the booking. The remaining Fifty Five (55%) amount will be payable by at least 30 days prior to the initiated travel date.
B.1.3.b. Please note that in case of Five Star (5*) hotel or Luxury Package, Seventy Five (75%) of the total invoiced price of the trip must be paid as an advance for confirmation of the booking. The remaining Twenty Five (25%) amount will be payable by at least 30 days prior to the initiated travel date.
B.1.3.c. If the booking is made and confirmed by you within thirty (30) days before the proposed date of departure, clauses B.1.3.a and B.1.3.b mentioned above shall not apply and You shall pay the entire amount which will be hundred percent (100%) of the invoiced price of the trip upon receipt of the travel confirmation and invoice from the Company.
B.2 Delivery of Relevant Travel Documents by the Company:
Once you made the complete payment, only then the Company will send You all the hotel vouchers and other travel documents for the booked and paid tour.
B.3 Revision of Prices; Exchange Rates
B.3.1. There is possibility of human or technical error which causes miscalculation or error in package price results into overcharge or undercharge, even after the confirmation or contract signed, the travel confirmations are required to be revised. In such an case, the Company shall apply or claim the additional payment from You or refund the excess amount to You within a designated period of time.
B.3.2. Kindly note that the approximate prices of travel packages mentioned on the Company’s website(s) at http://www.companion-travels.com/or any other websites owned and operated by the Company (“Company Website(s)”) are subject to change.
B.3.3. It is clarified that the Tour Prices are calculated based on the then current exchange rate, tax structure and fuel prices on the date of the Tour Contract offered to You and once You accept the travel confirmation, there shall be no revision in the Tour Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in the exchange rate of the relevant currencies, tax structure or Fuel Prices.
C.1 Details of Services Offered
The Company agree to offer You the services that are mentioned in the service description as part of the trip proposal. The details related to such services shall be given in the travel confirmation.
C.2 Applicability of Local Laws to the Services provided
In addition, all the tours and services provided by the Company are subject to the enacted laws, rules and regulations of the Governments of the countries of travel and the Company is thus bound to operate as per the prevailing regulations, permissions and sanctions that are granted for such tours and services.
- Change in Tour Contract by the Company:
D.1 Right to Change in Services
D.1.1. The Company reserves the right to modify, change, alter, amend or deviate from the tour services mentioned in the travel confirmation after your acceptance of the Tour Contract but before the commencement of the tour.
D.1.2. These changes may be carried out by the Company on account of cancellation of certain bookings and reservations by third party service providers, non-availability of certain features, packages or other services requested by You, or the inability and incapacity of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or on account of any unforeseen and unpredictable circumstances.
D.1.3. The Company will make a reasonable effort to notify You of such developments in advance of your tour.
D.1.4. The Company, however, assures You that the changes made as a consequence of these aforementioned events, will be effected in good faith keeping in mind your interests and preferences and will be in line with the overall plan of the tour.
D.1.5. If required, the Company may at its solediscretionoffer You the option to either a change in booking at no extra cost or in the event of any material change to the tour as a result of the above, cancellation of the entire tour package.
D.2 The ‘New Tour Contract’
If You choose to continue with the altered/modified/changed itinerary as provided in clause D.1.5 hereinabove, the Company shall draw up a new travel confirmation incorporating the changes. In addition, if availing of the alternate services requires You to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.
D.3 Acceptance of the ‘New Tour Contract’
D.3.1. You are not under an obligation to accept the altered/modified/changed travel confirmation.
D.3.2. Should You choose to accept the altered/modified/changed travel confirmation and the revised charges associated therewith, the new ‘Tour Contract’ and the new invoice shall replace the old Tour Contract and invoice, and will be the contract that binds You.
D.3.3. You may choose to terminate the original Tour Contract and not accept the new contract, in which case You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all rightful and lawful service, consultancy and advisory charges including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.
- Cancellations, changes to booking and applicable charges and refunds:
E.1 Cancellation of or Changes to the Tour Contract by You
E.1.1. You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Company, subject to the cancellation policy provided in clause E.2 below.
E.1.2. The date of cancellation or change is the date on which the company receives notice of your cancellation or change request.
E.1.3. It is clarified that any alterations to the tour requested by you, including advancements or postponements of tour dates, shall constitute a change to the tour and will be subject to the cancellation policy in clause E.2 below to the extent of the changes only.
E.2 Charges relating to Cancellation or Change
E.2.1. All refunds in the event of cancellation or change of a Tour Contract shall be subject to the cancellation charges as follows:
For trips to India:
Time of cancellation
30 or more days prior to the start date of the tour
20% of the value of the trip
15-29 days prior to the start date of the tour
30% of the value of the trip
8-14 days prior to the start date of the tour
50% of the value of the trip
1-7 days prior to the start date of the tour
65% of the value of the trip
Cancellation / shortening / unused portion of trip after start of trip (including date of commencement of the trip)
100% of the total value of the trip
E.2.2. The cancellation of or changes to international or domestic flights booked and hotels for which payment is already issued by the Company as part of your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges must be borne fully by You.
E.3 Disbursement of Refund Amount
The Company shall disburse any applicable refund amount within thirty (30) days of the receipt of the request / instruction to cancel or change the tour.
- Cancellation or Change of the Tour Contract due to Circumstances Beyond Control of the Company:
The Company shall not be responsible to You for any loss, injury or damage to person, property, changes in tour itinerary, or otherwise in connection with any accommodation, transportation or other services, resulting – directly or indirectly – from any Act of God, dangers, weather conditions, volcanoes, floods, fire, accident, breakdown in machinery or equipment, breakdown of transport, wars, civil disturbances, strikes, riots, thefts, pilferages, epidemics, medical or custom department regulations, defaults, exigencies or any other causes beyond our control. Either You or the Company may choose to terminate the Tour Contract due to any beyond Company control event. On termination of the Tour Contract as specified in this clause, the Company shall, where possible, make a commercially reasonable effort to refund the amount paid by You, less the amount already spent on You by the Company during the tour and any other non-refundable fees and charges. However, please note that the Company shall not be obligated to and does not guarantee that You shall receive a refund. You shall be liable to pay costs for the services and products utilized until the date of termination. In the event of termination due to a Force Majeure Event, the Company shall not be liable to pay any compensation, interest or damages to You. The Company has the obligation to take reasonable measures to bring You back to your origin if the Tour Contract includes a return journey. However, any additional costs for the return journey must be borne solely by You. In case of a Force Majeure Event, the Company reserves the right to change / modify / vary / alter the tour itinerary and/ or Tour Price accordingly. Any such change shall be intimated to You, prior to the start of the tour or on tour, as the case may be. Additional charges, if any, due to such changes may be charged to You. In the event of a Force Majeure Event, where You choose to continue with the tour, You shall not be entitled to any refunds from the Company for limitation and/or non- availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in tour itinerary.
- Liability of the Company for third party acts:
The Company takes no responsibility for and the Company is not liable for, any loss of life/limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party not associated with or engaged by us. In addition, we also take no responsibility for any act or omission of any of your co-travelers, if it results in any injury, damage, danger to the life/limb or property, delay or hardships to You.
- Guarantee and Financial Protection:
H.1 Remedial Measures
If the Company fails to perform its promises substantially in accordance with the Tour Contract, You are entitled to ask the Company for solution of the deficiency in services. If the Company fails to remedy a material breach of the Tour Contract, You may terminate the Tour Contract as provided below. However, the Company can refuse to undertake remedial measures if it entails disproportionate, additional or anticipated expense and/or damages.
H.2 Termination of the contract by You for breach by the Company
If the tour is hampered significantly due to a deficiency of service on the part of the Company and the Company does not offer any remedial measure within a reasonable period of time, then You can terminate the Tour Contract in accordance with these Conditions through a written notice to the Company. However, in such a situation, You are bound to pay the Company the portion of the Tour Price for such services that You have already availed of.
I. Obligation to cooperate:
I.1 Cooperation with third party service providers
I.1.1. You must at all times cooperate with the personnel of third party service providers, airlines staff, hotel staff, adventure activities instructors, tour guides, the local tour management etc. during your holiday/trip within the framework of legal regulations.
I.1.2. You shall also co-operate and assist them to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
I.1.3. If You have any issues or grievances in this regard, You must quickly inform the Company, who shall take necessary action for solving the situation at its sole discretion.
I.2 Transactions entered into by You as an individual
I.2.1. In addition, You are solely responsible for all the money or materialistic transactions and purchases made by You during your holiday and the Company shall not be responsible for any of them unless they transactions are made through the Company.
I.2.2. The Company will also not censor, screen or otherwise control any of these transactions and evaluate whether these transactions are legal and valid as per the law of the country You are a citizen of or reside in.
I.2.3. All these are your sole responsibility and You alone shall bear any associated liability.
I.3 Compliance with applicable laws
I.3.1. You agree to co-operate or comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in India or its state or locality You visit as part of a tour.
I.3.2. In the event of any violation, non-observance or breach of any applicable laws, rules, regulations and codes of conduct of India, state, city or locality You visit, You alone shall be liable for any acts or omissions that attract any prosecution, penalties or any other disadvantage, the Company shall bear no responsibility or be liable in any manner for these.
I.4 Accuracy of Information provided by You
You shall also provide the Company only accurate and valid information while requesting for any services under these Conditions, and shall refrain from providing inaccurate and fallacious information or misrepresenting or concealing any relevant facts.
I.5 Competence to contract
I.5.1. You must be an adult and of legal age to enter into a binding agreement with the Company and should not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
I.5.2. You must also not be barred from using or availing of any services under the laws of India, or other applicable laws.
- Passport and Visa:
J.1 Passport and Visa Requirements
J.1.1. It is your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months from the date of return of your trip.
J.1.2. You should acquaint yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in India.
J.1.3. You shall be required to obtain the visa yourself. However, in no circumstances, the Company shall facilitate procuring of the visa on your behalf.
J.1.4. Please note that the cost of visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company.
J.1 These Conditions, the Tour Contract and any other documentation provided to You by the Company shall be governed by the laws of India.
J.2 Subject to any mandatory laws, You hereby irrevocably agree that the relevant courts of New Delhi, India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and any matter arising there from and no other courts shall have any jurisdiction whatsoever in respect of such disputes.
J.3 You irrevocably waive any right that You may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
K.1 You (“The Indemnifying Party”) agree to indemnify, defend and hold harmless, the Company, its directors, executives, employees, agents and other officers, its lawful successors and assigns and/or the Company’s affiliates, their websites and their respective lawful successors and assigns (“the Indemnified Party”), from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Party that arise out of, result from, or may be payable by virtue of any breach or non-performance, of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Conditions or the additional terms set out in the Tour Contract.
K.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of these Conditions.
- Intellectual Property Rights – Company Website(s):
L.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.
L.2 The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.
L.3 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of such materials either in whole or in part without the Company’s express authorization or consent.
The services of the Company are provided on an “as it is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Conditions.
N.1 Communication with the Customers/Clients
N.1.1. The Company may ask for your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of your booking and reservations, to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.
N.1.2. If You are comfortable with a particular medium of communication only or do not want the Company to communicate with You via any particular medium, You can register a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
N.2 Collection, protection and sharing your information with third parties
N.2.1. In order to make your tour reservations and other bookings, we will collect certain information from You including certain personal details such as age, gender, vocation, etc., and may share it with third parties including, but not limited to government agencies, hotels, and other third party service providers on an as-needed basis only.
N.2.2. However, we assure You that we maintain complete privacy of the information provided by our customers and will share only such information with the third parties as is necessary for the purposes of your travel booking, reservation compliance with law and other travel related purpose.
N.2.3. In addition, we may also collect your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
N.2.4. We reiterates that such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause.
N.2.5. We may also request You to give us your feedback and share your experiences on the tour/holiday by providing us with testimonials. These accounts or information may be published or displayed on the Company Website(s) and on brochures, presentations and other documents and can be viewed by anyone who visits, browses or reads these. This information may also appear in search results on the internet.
N.2.6. We assure You that the Company does not provide or share your personally identifiable or other information to third parties except as expressly provided in these Conditions or otherwise after having obtained your definitive consent and permission.
N.2.7. However, please note that we may disclose and share your information including personal information to comply with legal processes, in response to legal notices and inquiries including but not limited to civil and criminal proceedings, court orders, and other compulsory disclosures, when we in good faith believe that the information is required by the law or in order to assist government/legal enforcement agencies in their investigation and preventive actions against any suspected or actual, illegal or unlawful activity or conduct.
N.2.8. We may also use your personal information to enforce these Conditions and safeguard the rights, interests, property and personal safety of the Company, its customers/clients and the public in general.
N.3 Non- Commercial and Personal Use
Unless otherwise specified, the Company’s services are for your personal and non – commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company Website/s or from the travel consultants and advisors without the express written approval/consent from the Company.
N.4 Revision/modification of the terms of these Conditions
N.4.1. The Company endeavors to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information.
N.4.2. However, there is a possibility that the information, software, products, services, images on the Company Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Company and its employees.
N.4.3. These inaccuracies will be rectified immediately once brought to the attention of the Company and its employees or other officers.
N.4.4. We strongly recommends that You do not rely upon or act in accordance with any advice/suggestions received from any person except an authorized representative/employee/officer of the Company.
N.4.5. The Company may make any improvements, additions, changes, rectifications, alterations to the content of the Company Website(s) at any time.
N.4.6. The Company reserves the rights to alter the terms of these Conditions, without notice. We recommend that You read these Conditions regularly to avoid any inconvenience.
The invalidity or unenforceability of one provision of these Conditions and/or of the Tour Contract shall not affect the validity, legality or enforceability of the remainder of these Conditions and/or of the Tour Contract.
N.6 Further Assistance
We at the Company believe in serving our clients with sincerity and honesty and therefore You can contact our travel consultants via telephone or write to us with your queries and we will be delighted to answer any query that You may have or provide any clarification that You may seek.