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
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
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.
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.
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 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.
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.
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
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.
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
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.
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.
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.
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.