Terms & Conditions

Definition

Tour Participant: Means the person/s in whose name and/or whose behalf the booking is made and/or whose name is on the booking form and invoice. Company: means Three Sixty Five Tours Pvt Ltd. Infant / Child: An ‘Infant’ means a person below 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, etc, railway, ferry, cruise, coach or any other person or organization selected by the company to render services to the tour participant.

Company's tours are sold subject to the following Terms and Conditions, as well as how to book rule contract between the Company and the Tour participant shall be governed by the same. No person including the Employee/s and the Agent/s of the Company even in writing has the authority to alter, amend or waive any stipulation, representation, term or condition set forth in this document. Also assurance of any service or facility given by any employee / agent of the Company, which is contrary to what is set forth in the brochure, price grid, and invoice, shall not bind the Company.

All tours are subject to law, rules of RBI/GOI

INFORMATION ACCURACY

We strive to make the content of the brochure as accurate as possible and print it much ahead of actual travel period. It describes services/amenities that are available under normal circumstance. However events, circumstance and factors beyond our control like traffic, bad weather, fairs, festivals, strikes, change of management/closure of hotels/restaurants, over booking of hotels/flights, cancellation/ re-routing/ re-scheduling of flights, rail or roadways, closure of restricted entry at a place of sight seeing can affect the availability of services and necessitate change of routes/ itineraries. It may even necessitate stay in hotels in alternate city/ies or away from the one mentioned from the brochure. While every effort is made to maintain our services and following the itinerary in the brochure, in few unavoidable instances we reserve the right to alter, amend, change or modify the Tour Package, Itineraries, Tour Schedule, Travel Plan, Sightseeing etc where we come to know of the changes/events sufficiently in advance we will not notify you during booking or prior to departure. Otherwise our tour manager or local representative will inform you of the changes on the spot and we solicit your full co-operation in accepting such circumstantial changes. Therefore no grievance regarding any itinerary/service change which we are constrained to make, will be entertained from the tour participant during or after the tour.

SCOPE OF ACTIVITY

The company is a travel and holiday organizer. We do not own/control/operate any Airline, Cruise lines, Railways, Coach Company, Hotel or any other independent contractor or service provider in relation with services mentioned in this brochure. Though we select all the ingredients, independent contractors, service providers for your holiday with due care we cannot assume responsibility for delay, deficiency or default if any in the services of such independent contractors, services providers, their management or staff leading to any injury/death/loss/damage to property or any such eventuality which do not fall within the scope of our normal selection and inspection process whilst engaging them. We are also not responsible for delay or deficiency in services of all independent contractors/service providers that may be borne out of any act or actions of co-traveler, co-tour participant which may result in tour participant not availing some or all services on the tour as per brochure.

CHILD ACCOMMODATION (UNDER 12 YRS)

It is expressly stated and it would be understood that any child below 12 years paying the special ‘without bed’ rate will not be provided bed in the hotel under any circumstance. In case the tour participant on his own makes a change in rooming while on tour the company will not be bound to refund or pay compensation towards such change/s. if any such changes in rooming by the tour participant attracts additional charge he/she shall be bound to directly pay the same directly to the hotel concerned.

MEALS

Breakfast / lunch / dinner wherever provided on tour is on pre-set menus. The meals type is clearly indicated in the brochure. Unlike an airline, we cannot process request for special meal or specific diet. However if tour participant intimates this while booking and if it is feasible we will try to provide them. We however, reserve our right to change the meals arrangement where circumstances compel us to do so. Where meal/s are missed by tour participant at his/her own will or due to late/non arrival at announced meal timing no compensation for such missed meal/s is claimable.

BAGGAGE

Tour Participants traveling by air will be subject to the airline restrictions/limitation on baggage weight/size/pieces. It is currently 20kg per person on Economy class for all destinations except on flights to USA and Canada where a person is permitted to carry 2 pieces of checked-in baggage and one hand bag.

All baggage and personal effects are at all times and in all circumstances the responsibility of the Tour participant and company shall not be liable for their loss by airline/cruise/coach or any other carrier whist on the tour. Tour participant are advised to carry valuables on their person at all times. Wherever Safe Deposit Lockers are available you are advised to avail this facility in safeguarding valuables. In hotels/locations without this facility you should take all the necessary precaution in protecting your valuables. Company or any of the carriers used or its representative/s will not be responsible for loss of valuables or for making goods such loss.

TIPPING

Tipping is customary in all parts of the world for services rendered. Your tour manager / briefing sheet will guide you in this regard.

HEALTH AND INURANCE

Tour participant is bound to inform the company during booking of the tour if he/she has a medical condition that may affect his/her ability to enjoy and pursue the tour arrangements fully as per the itinerary mentioned in the brochure. The company reserves the right where ever warranted to insist on medical fitness certificate any time prior to departure.

It is important that Tour participant acquires adequate insurance cover to meet medical exigency, loss of baggage, travel documents etc and pay the premium directly to the insurer if not already included in tour price. Please note that the tour participant would have a direct contractual relation with the insurer and the Company is only a facilitator. Tour participant shall therefore check the accuracy and correctness of the insurance policy and in case of any error or lapse report the same to the Insurer get the same rectified by them, as the company would not be responsible for the same.

AMENDMENTS

In the event of company exercising its right to amend/alter any tour/holiday advertised in brochure subsequent to booking of the same by the tour participant, such tour participant shall have the option either to a) Continue with the tour or holiday which the company may offer. In either case company will not be liable to refund or compensate tour participant for any consequential loss, damage or additional cost. In the event that the company is unable to conduct a particular tour for whatever reason and the tour participant is not exercising any of the above two options then it shall at its own discretion refund whatever amount collected towards the total cost of the tour without any interest after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of the overseas suppliers etc. The tour participant will not be entitled to raise any grievance thereafter in respect of the same.

CONDITIONS OF TRAVEL

The Tour Participant will have to strictly follow the Tour Program and return to India as per the validity of the air ticket. Those Tour Participants not travelling with the group throughout the Tour shall under no circumstances be entitled to any refund. It shall be noted that for all purposes, it shall be the responsibility of the Tour Participant to reach the place of commencement of the Tour and register with the representative of the company at tile appointed place, date and time. The Company is not responsible or liable if the Tour Participant does not reach the place of commencement of the Tour on time or if prior to his departure he loses his travel documents and / or baggage. In such a case, his booking will be treated as cancellation as in NO SHOW.

Tour Participant shall not behave in a manner which may cause distress or annoyance to co-tour participants or co-travellers or which may endanger or damage property of the company, co-tour participants, co-travellers or any other/s. Each of the booking 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.

TOUR PRICE

The prices quoted in the brochure are calculated based on rates prevailing at the time of printing the brochure. The Company reserves the right to amend before the date of departure any tour price published in the brochure and accordingly recover applicable surcharges to make up for foreign currency fluctuations, changes in the various cross rate of exchange, fuel costs, interest rate on holiday loans etc. All such increases in price must be paid for in full before departure by the tour participant.

REGISTRATION

Tour Participant is supplied the tour brochure narrating the tour details. The tour participant or his Travel agent by signing the booking form accepts the booking conditions mentioned overleaf and the contents under 'How to book' section, not only on his behalf but on behalf of the all the tour participants mentioned in the booking form. In cases where only travel agent signs the booking form for and on behalf of the tour participant/s it shall be deemed to have been signed under due authority of the tour participant/s mentioned in the form. In cases where tour participants belong to more than one family under one form it shall be signed by head of each family. Signing of the booking form and payment receipt issued for payment made towards part consideration of the tour shall be a legally binding contract between the parties. The signing of the booking form shall mean acceptance by the tour participant in totality of the terms and conditions contained herein. The company reserves the right to decline to book any person/s as tour participant/s for any tour without assigning any reason whatsoever. There is no contract between the company and the tour participant until the Company has received the specified non¬refundable interest free booking amount. The full payment must be received in accordance with the procedure laid down in the brochure in the "Booking Process" Section. If not paid in accordance with the payment schedule the company reserves the right to cancel the booking with consequent forfeiture of booking amount and apply scale of cancellation charges as mentioned in the brochure. Any payment made to the tour participant's travel agent by the tour participant would not constitute payment to the Company until the same is remitted to the account of the Company.

The Company reserves the right at any time and/or for any reason whatsoever to a) Terminate the contract after acceptance of booking amount but prior to the commencement of tour. In the event, the Company terminates the contract; it may refund the booking amount to the tour participant without payment of any interest thereon after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of overseas suppliers etc. b) 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 towards any consequential damage, loss or extra cost suffered by the tour participant or to pay any compensation to tour participant. 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.

FORFEITURE OF BOOKING AMOUNT

The Company shall be within its rights to forfeit the non-refundable interest free booking amount paid by tour participant along with the completed booking form for confirmation of the seat(s) on the booked tour and also to recover scale of cancellation charges set out in the Booking process section of the brochure a) In the event the tour participant either cancels the booking or fails to adhere to the tour payment schedule set-out in the documentation check list handed over to the Tour Participant after booking b) In the event his/her visa of any country(ies) is not granted or c) In the event tour participant is unable to travel on the tour booked due to any reason whatsoever, including medical grounds.

REFUND

The Company reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a tour due to Force Majeure or Vis Majeure. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators, etc. and the decision of the Company on the quantum of refund shall be final and binding on the tour participants.

In case the Company exercises its discretion to alter, amend or cancel any tour advertised in the brochure/website and the tour participant who has registered for such tour exercising the option to continue with the tour as altered or amended, or to accept any alternate tour which the Company may offer, the Company shall not be liable for any compensation, damage, additional expense or consequential loss suffered by him/her or to pay any amount as refund to the tour participant.

Even in case of a Tour for which the payment was made in Foreign Currency if any, with or without part payment in Indian Rupees the said refund shall be made only in Indian Rupees at prevailing rate on date of refund as per existing Rules and Regulations. Refund (if any) for amendments and/or cancellation will be
paid directly by cheque to Tour Participants by the company. It would take 45 days to process refund and 60 days if tickets are already issued. There shall be no refund if the Tour Participant fails to join the Group at the commencement of the Tour, or joins the group late or leaves the Group before culmination of the Tour, Tour Participant along with his family is compelled to discontinue the tour due to any reason such as illness, death, loss of passport, no claim shall be entertained for refund of unutilized services.

There shall be no refund if the tour Participants does not or cannot utilize any service included in cost of tour like meals, rooms, excursions, etc. nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.

LIABILITY

Company shall under no circumstance whatsoever liable to the tour participant or his co-traveler for: 1) Personal injury, sickness, accident, loss, death, delay, discomfort, increased expense, consequential loss and/or damage on account of theft howsoever caused. 2)Temporary or permanent loss/damage to baggage/personal effects howsoever caused. In this condition the expression "howsoever caused" includes willful negligence on the part of any person. 3)Loss of baggage by the Airline/Cruise line/Surface transportation. 4)Failure on the part of airline to accommodate tour participant/s despite having confirmed tickets. 5)Airline not allowing tour participant to board the flight for reasons beyond the control of the company. 7)Damage or loss caused 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 same and shall in no case include any consequential loss or additional expense whatsoever.

COMPLAINTS

If the tour participant has any complaint in respect of services of any independent contractor, he/she shall immediately notify the same in writing to the Company in order to enable the Company to take up the matter with the independent contractor.

Any claim or complaint by the tour participant must be notified to the Company in writing within 28 days of the end of the tour. No complaint or claim notified after this period will be entertained and the Company shall not incur any liability in respect thereof.

JURISDICTION

For all claims, disputes of whatsoever nature relating to the tours marketed / coordinated by Three Sixty Five Tours Pvt Ltd the courts in Chennai alone shall have exclusive jurisdiction.