TERMS & CONDITIONS
1) There is no Contract between the company and the client until the company has received the initial l deposit amount per person as specified for each tour package. The full payment must be received in accordance with procedures laid down under Payments Terms. 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 the cancellation policy hereunder.
2) The Company has the right at any time and for any reason:
a) To terminate the Contract after acceptance of the deposit but prior to the Commencement of Tour without assigning any reason whatsoever. In the event, the Company terminates the Contract; the company shall refund the initial deposit amount without payment of any interest.
b) To amend, alter, vary or withdraw any tour, 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 Clients or for any compensation claims made.
c) The Company would be operating its Group Tours with minimum group strength of 18 adultpassengers in each group. If the group strength falls below 18 passengers, the Company reserves the right to Pre-pone OR Postpone OR Merge or Cancel the group. If the Company cancels the Group Tour for any of the above reasons then the monies paid till then by Clients will be refunded against the receipt copies. It is clear understanding between either parties that any loss arising on account of cancellation of flight / train / bus tickets booked by the Clients; either through the Company or on his/her own or through a third party; the Company shall not be liable for such losses or additional expense, or consequential loss suffered by the Clients.
3) No person other than the Company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition in this brochure.
4) In the event of the Company exercising its rights to amend or alter any of the services as mentioned in the itinerary, after such tour or holiday has been booked, the Client shall have the right:
a) To continue with the tour or holiday as amended or altered.
b) To accept any alternative tour or holiday which the company may offer. In either of these above cases the Client shall not be entitled to, or the Company shall not be liable to the Client for any damage. Additional expense, consequential loss suffered by him or to pay any amount as refund. Health & Safety:
The Company shall in no circumstances whatsoever will be liable to the Client or any person traveling for:
a) Any death personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any misadventure howsoever caused
b) Any act, omission, default or Independent Contractor or other person or be any servant or agent , employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facilities 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 negligence on the part of any person. 6) 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 tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.
7. a) If the Client has any complaint in respect of the services provided by any of the Independent Contractors, the Client shall immediately notify the same in writing to the Independent Contractor and a copy thereof should be handed over to the Tour Manager of the Company in order to enable the Company to take up the matter with the Independent Contractor so that in future other Clients do not face the same difficulty.
b) Any claim or complaint by the Client must be notified to the Company in writing within 28 days of the end of this holiday tour. No claim notified to this Company beyond this period will be entertained and the Company shall incur no liability whatsoever in respect thereof.
8) It is hereby declared that the immunities provided under this Contract 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.
9) Each of this condition shall be severable from the other end if any provision be invalid, illegal or unenforceable. The remaining provisions shall nevertheless have full force and effect.
10) Insurance: The tour cost does not include the any costs towards the Travel / Mediclaim Insurance premium. In case if the Client needs an Insurance coverage, it is suggested to go for suitable insurance policy on your own. The Client has to deal directly with the Insurance Company in case of settlement of any claim. The toll-free number is available on your policy document. FLY HIGH HOLIDAYS or its subsidiary companies or agents has no role to pay in this regard. Details of Insurance coverage are available with our sales team.
11) Change in Tour Price: The tour prices printed / advertised / quoted to Client are dynamic prices. The person booking tour early is likely to get the lowest price as communicated / offered by the Company, subject to availability of seats. Similarly, person booking tour at the last will be offered the highest prices. This pricing module has been adopted to get early bookings on tours. Hence it is quite obvious that persons travelling on a same group tour are likely to have paid different tour prices. The Company will not entertain any claim whatsoever on account of the same. Also it is clear agreement between either parties that the prices quoted in the proposal / brochure have been calculated based upon the prevailing hotel / transport tariffs / if international then depends on foreign currency and applicable taxes thereon at the time of printing this brochure. The Company reserves the right to amend the price published in this brochure in case of costs increased before the date of departure. All such increases in price must be paid for in full before departure by the Client.
12) Force Majure:-Acts of god (including exceptional adverse weather conditions), earthquake, fire , war (declared or undeclared), invasion, rebellion, revolt, riot, civil commotion, civil war, nuclear fission, strike, act(s) of omission/commission by any concerned government(s), or government agencies, judicial or quasijudicial authorities, occurrence of any event can force the Company to change or extended. Hence any additional expenditure occurred due to the above reasons the same will be borne by the passengers.
The menus are pre – set menus provided for breakfast/lunch/dinner on the tour as mentioned under each Tour itinerary and inclusions as printed in our brochure. The meals will be served either at restaurants of hotel of stay or the same could be arranged at local restaurants. The enroute meals or meals during excursions could be packed meals or served by enroot/local restaurants / dhabas. We cannot process a special meal nor do we guarantee the special diet to the customer. We however reserve the right to change the meal arrangement if circumstances make it necessary to do so. If a tour participant does not avail his/her meal in stipulated time; he/she has to avail the meal on his/her own arrangement and expenses. No claim can be made for the meal which he/she has missed and not utilized.
For the comfort and convenience of our passengers, we will sometimes reverse the direction, or slightly amend the itinerary. We will try to advise you of these amendments, prior to the start of the tour or on tour. In the event that a tour participant misses on any part of the sightseeing tour or any such tour due to delay on his part, he will not be entitled to claim refund of the same.
We have mentioned the indicative names of the Hotels for each tour. We reserve the right to change the same due to unavoidable circumstances. In that case we may provide alternative, similar accommodation for which we are not liable to pay any refund. We will not be responsible or liable in case of loss of property or life at the Hotel. Similarly any damages caused to the hotel rooms during your stay, shall be payable by the Clients and the Company will not be liable for the same.
The airfares the Company has contracted with various airlines are non-refundable. The Company shall in no circumstances whatsoever be liable to the Client or any person travelling with him/her for:
While all efforts would be made to accommodate members of a family traveling together in the same flight, depending upon the overall group size the company reserves the right to split the group into multiple airlines for any departure.
Loss of baggage/ loss of life or loss of other valuables by the airlines.
Overbooking of seats by the airline.
Failure on the part of airline to accommodate passengers despite having confirmed tickets.
Change of flight timings or change of route with or without prior intimation.
If in the event that the flight is over booked or cancelled for whatever reason and the client is not allowed/able to board the flight, the client shall not hold the Company responsible for the same and no claim whatsoever can be made by the client. All incidental expenses arising out of such situation will be payable by the Client.
Please note the low cost airlines do not provide meals on board.
There is a limitation how much luggage can be carried as check-in baggage and cabin (hand) baggage. Luggage carried over and above the limit will have the be paid for by the Client at the time of check-in. Please note for few sectors caring cabin baggage is not allowed.
Airport taxes /airport development fees as applicable to be paid over & above tour cost should there be a rise post the printing of the brochure.
Though chances are less, however depending upon the group size the company reserves the right to split the group into multiple airlines for any departure.
All the airline ticket bookings / cancellation and travel on such airline ticket will be subject to the terms & conditions as mentioned in our Booking & Cancellation policy mentioned in this document.
TRANSPORT / COACH /SITTING
We use Deluxe 2 X 2 Coaches or vehicles such as Tempo Traveller, Tata Winger, Chevrolet Travera, Mahindra Scorpio, Toyota Qualis, Tata Sumo or similar as per the availability of vehicles and actual size of the group. Our tour manager / local representative will take reasonable care of your luggage but if you are carrying any high value items on the coach, we advise you not to leave them behind when you leave the coach. We will not be responsible or liable in case of theft or robbery of the said items from the coach. All baggage and personal effects are at all times and under all circumstances your responsibility. Any damages caused to the hotel rooms / coach during your stay, shall be payable by the Clients and the Company will not be liable for the same. The drivers of the vehicles are bound by specific rules like maximum driving hours within a day/during a week, rest period per day/week etc. Clients will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel. In case, any of the sightseeing schedules is missed due to delays caused by the client, the same will not be refunded to the client under any circumstances. Please note that AC will not work in Hills and no claims to this regard shall be entertained.
TRANSFER FROM ONE TOUR TO ANOTHER
A transfer from one tour to another of the originally booked tour will be treated as a cancellation on that tour, thereby attracting the cancellation charges as stated in these terms and a fresh booking on another.
BOOKING & PAYMENT CONDITIONS
a) Tour prices are printed in our brochures. Please return duly signed and completed booking form to us or our appointed agents along with an initial deposit of Rs. 15,000/- per person for all tour packages. This initial deposit amount is non-refundable or non-transferable in the event of cancellation / change of travel date of tour by the Clients.
b) The Client must pay the balance amount 30 days prior to the date of departure of the Tour. If client fails to pay the balance amount within stipulated time then the booking shall be deemed to be the cancelled and entire initial deposit will be forfeited and the passenger shall not be entitled to the refund of the same.
c) All cheques / demand drafts to be payable in the name of ‘Fly High Holidays’. On payment of the deposit amount you will be given an official receipt from FLY HIGH HOLIDAYS. You can also book the tour through our Preferred Sales Agent OR Travel Agent.
AMENDMENTS / CANCELLATIONS
If the Client is willing to amend or cancel his/her booking because of whatsoever reasons including death, accident, illness, or any other personal reasons including non-payment of the balance payment, the Company is liable to recover Cancellation charges from the Client:
|When a Cancellation Is made||Cancellation Charges per person|
|on or before 30 days prior to the departure of the Tour||Initial deposit amount|
|29 -15 Days prior to the departure of the Tour||50%of the Total Tour Cost|
|14 days or less prior to date of departure or a "No Show " on the tour||100%of the Total Tour Cost.|
Any amendment in the original booking has to be given to us in writing. All changes will be processed only after the receipt of the same by the Company. However, if any of the amendment requests results in cancellation of one or more services, then the Company is liable to recover cancellation charges as indicated in the above-mentioned table. The above-mentioned cancellation charges are applicable only against the main Tour and optional tours published by the Company. If the Client has booked any other services such as air / train tickets or any third party product, then the Company is liable to recover cancellation charges as per cancellation terms of respective airline / railways or the cancellation terms of respective third party. The Company is also liable to recover its service charges against booking and cancelling such services for the Client.
Refunds (If any) for amendments and/or cancellations will be paid directly to the Client for booking made directly with the Company by way of Demand draft/Crossed cheque/ Cash at the discretion of the Company. For Bookings routed through our Preferred Sales Agents or Travel agent, the refunds will be routed through them. It would atleast take 30 days to process refunds. There is no refund payable for any unutilized services (e.g. Meals, Entrance Fees, Optional Tours, Hotels, and Sightseeing etc.) for any reason whatsoever.
CONDITIONS OF TRAVEL
The client will have to strictly follow the Tour Program. There shall be no refund, if the client fails to join the group at the commencement of the tour, or joins the group later or leaves the group before culmination of the tour. It shall 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. In case where a client along with his family is compelled to discontinue the tour due to any reason whatsoever including illness, death or loss of any travel documents, no claim shall be entertained for refund of unutilized services. Even if a client is unable to reach the place of commencement of the tour due to any reason whatsoever including loss of baggage or loss of travel documents, his booking shall be treated as "no show" on the tour and 100% cancellation charges will be levied. If a client avails pre - tour services or part thereof, or the air tickets (if booked under the offer) but fails to join the group for the main 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 will be no refund whatsoever for the unutilized pre-tour or main tour services. The Company reserves the right to withdraw tour membership of any client whose behaviour is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers and the Company shall be under no liability to any such person. The immunities provided under this contract shall be available to THE COMPANY's employees, directors, managers, including, Employees and Agents but not to the Independent Contractors selected by THE COMPANY. Each of these conditions shall be severable from the other and if any provision be invalid, illegal or unenforceable, the remaining provisions shall nevertheless have full force and effect. No liability on the part of THE COMPANY 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, incidental loss or additional expense whatsoever. It is a condition of Booking that the client takes out a Holiday Insurance. – Client may procure travel insurance (optional) at their own cost. THE COMPANY will not provide any assistance in obtaining any travel insurance. The prices quoted in this brochure have been calculated at the rate prevailing at the time of printing of this brochure. THE COMPANY reserves the right to amend the prices published in this brochure in case of fuel costs, special/high season charge levied by the suppliers, hike in the airline/rail charges before the date of departure and to surcharge accordingly. The Client must pay for all such increases in price in full before the departure. If no suit/action is brought against THE COMPANY within 15 days of the last day of the domestic tour, THE COMPANY shall be discharged from all liabilities under/or arising out of this Contract and the Client shall be deemed to have Relinquished/abandoned all his rights under or arising from this Contract. If the client books with a travel agent and such booking with that agent includes, but is not limited to THE COMPANY arrangements, the contract is with clients' travel agent and THE COMPANY is a supplier to clients' travel agent. In case of publication of any travel scheme offering any discount or benefit by THE COMPANY, THE COMPANY shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance of the contrary is published.