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Terms
and Conditions |
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Dear
guests,
Om Tourism is earnestly trying to give you the best Tour experience
in every possible way. Our team is highly motivated and trained to
provide the best comfort throughout your tour.
To get the optimum pleasure from your tour you are required to read,
understand and accept all the terms and conditions before registering
for any of our tour.
Short Title, Extent and Commencement
:
-
These
Terms and Conditions
shall be called Om
Tourism (India and
International Tourist)
Terms and Conditions
2011-12.
-
They
extend to all India
and international
Tours organized by
Om Tourism
A) Definitions : In these Terms and Conditions unless the context
otherwise requires
-
Tourist/s
means the person
in whose Name or
on whose behalf Booking
and/or registration
is made for any of
India and/or International
Tours organized by
Om Tourism (which
expression shall,
unless it be repugnant
to the context or
meaning thereof be
deemed to mean and
include their respective
heirs, executors
and administrators).
-
Company
means Om Tourism
and also includes
all types of tours
conducted by the
company.
-
Tour/s
means any India and
International Tours
organized by Om Tourism
-
Tour
Escort / Leader /
Manager / Assistant
by whatever designation
called means a Person
designated by Company
to help / guide /
assist the tourist/s
in and or during
India and / or International
Tours Organized by
Om Tourism
-
Force
Majeure means an
event or circumstance
not within the reasonable
control, directly
or indirectly, of
Om Tourism in its
ability to perform
its obligations /
responsibilities
regarding the tour
including,
-
War,
hostilities
invasion, act
of foreign
enemies;
-
Rebellion,
revolution,
insurrection
or military
or usurped
power or civil
war;
-
Epidemic,
explosion,
fire, flood,
earthquake
or other exceptional
natural calamity
and act of
God;
-
Ionizing
radiation or
contamination
by radioactivity
from any nuclear
fuel, or from
any nuclear
waste from
the combustion
of nuclear
fuel, radioactive
toxic explosive,
or other hazardous
properties
of any explosive
nuclear assembly
or nuclear
component of
such assembly;
-
Riot,
commotion or
disorder;
-
Any
act or omission
of any Government
instrumentality;
-
A
change in Legal
Requirements;
-
Strikes
lock outs or
other industrial
disturbances;
and
-
Abnormal
weather or
sea conditions
including tempest,
lightning,
hurricane,
typhoon, rain
and temperatures.
-
Independent
Contractor means
a person and/or organization
selected by Om Tourism
to render services
including transport,
hotel, restaurants
, sightseeing to
the tourist/s and/or
to Om Tourism
h) Meal means breakfast, lunch, dinner and/or any other snacks
supplied. (i) Jain food means food without Ginger, onion, garlic
and potatoes served at the time of tour groups meals not necessarily
before sunset. (j) The masculine gender, shall also include feminine
gender and vice versa, the singular shall include plural and vice
versa and shall include grammatical versions thereof. (k) Each
of these terms and conditions shall be severable and if any provision
thereof is declared invalid, illegal or unenforceable, then remaining
provisions nevertheless shall have full force and effect.
-
Group
tours mean where
the services provided
are similar to all
the tourists in that
group.
Scope
of Activity :
The Company is an organization
that coordinates all
the services of the tour
to help the tourists
for undertaking the tour.
The Company takes utmost
care in selecting all
the services and or independent
Contractors who provide
them, to make tour of
the tourist comfortable.
All the tourists booking
and/or registering for
tour organized / proposed
to be organized by the
company shall read, apply
their mind and abide
by and strictly comply
and observe all the terms
and conditions laid down
herein.
Booking
:
-
Tourists
signature on the
tour Booking /
Registration form
Tourists signature on the tour Booking / Registration form and/or
payment of the initial registration amount whichever earlier shall
mean acceptance by the Tourist(s) in totality of the Terms and
Conditions contained herein. Affixing signature of one or more
tourists on the 'Booking/Registration Form', shall be deemed to
mean that the tourists other than signatories have duly authorized
the signing tourists and all the tourists for whom the Booking
/ Registration was made shall be deemed to have been bound by the
terms and conditions contained herein.
-
Tourist
intention to participate
in the tour
The payment of initial registration amount just indicates tourist
intention of participation on the tour but does not entitle him
to any of the services including travel tickets, visas, hotel accommodations
etc. until the full tour tariff payment has been received by the
Company.
-
Non
payment of full
tour tariff
If full tour tariff is not paid in time, the Company reserves the
right to cancel the booking/registration with consequent forfeiture
of deposit and the deduction of cancellation charges.
-
Travellers
in need of special
assistance
Special services cannot be given to any specific person in a group
tour. The Company, without committing itself or being held responsible
in any way whatsoever, will make reasonable attempt to accommodate
the special needs of disabled travellers/senior citizen's if informed
at the time of booking. Most transportation services are not equipped
with wheel chair ramps. A qualified companion at the entire cost
of the tourist must accompany the tourist who needs services not
provided by the Company and or independent Contractor to the other
tourists in the Group.
-
Transfer
of tour
A transfer from the originally booked tour to another tour is treated
as cancellation of earlier tour and a fresh booking of another
tour has to be made. All cancellation charges will apply on tour
tariff and not on discounted tour tariff for the earlier booked
tour. The tour tariff and discounts available / given for the cancelled
tour are not valid for fresh booking. Tour tariff and discounts
prevailing on the date of fresh booking of another tour will be
applicable.
-
Health
It is presumed that the tourists who have booked the tour have
gone through the itinerary and is well aware about the same.
It is presumed that the Tourist is Medically fit to undertake
the said tour. The people who are medically fit to undertake
the said tours shall join the said tour. The are people who
are and/or who have suffered from any ailments for which they
have taken medical treatment have gone into check up hospitalization,
shall not join the said tour. Many a times a tour manager is
unable to pay any attention and/or to provide medical treatment
for any tourist who requires medical attention. The tourist(s)
will have to make their own arrangement on the tour for Medical
Assistance. The Tour manager may not be in a position to help
the tourist. The Tour leader have to proceed as per itinerary
because of other members of the group may require his attention
to follow the tour itinerary. The Company shall not be responsible
for any lack of attention on the tour.
-
Tourist
with medical ailment
If any tourist is suffering from any medical ailment and have concealed
the same, the Company reserves the right to cancel the booking
/ registration of any tourist on medical and or other grounds without
assigning reasons therefore. The Company also reserves the right
to restrict / modify / amend the tour of such tourist/s without
assigning any reasons. If the company so directs, the tourist shall
have to travel by a separate transport at an additional cost to
be paid by tourist immediately. The tourist suffering from any
disease at the time of booking / registration is required to provide
the doctor's fitness certificate to undertake the tour. For Kailash
Mansarovar tour age limit is 69 years or as may be decided by the
competent authority from time to time and for the said tour the
medical fitness certificate of the tourist is a must. In case of
death of tourist all the arrangements for transportation of dead
body including procuring the death certificate, post-mortem, re-patriation
of dead body and all personal effects/property and insurance claims
etc. shall be made by the accompanying tourist and/or relative
of the deceased. Company shall not be responsible for extending
any help for the same. The entire expenses shall be borne by the
accompanying tourist or their relatives. The company or any tour
leader shall not be responsible for the same. If any of the relatives
want to visit the country where the tourist expired all the necessary
arrangement shall be made by the said relatives only.
-
Persons
other than those
booked
Persons, friends or relatives of the tourists, who have not booked
the tour shall not be allowed in hotel rooms, restaurants, Cars & sightseeing
places or for any activity on the tour.
Insurance
:
The tour cost does not
include insurance charges
unless it is mandatory
as per the prevailing
rules of the respective
countries. Tourist/s
are advised and recommended
to acquire adequate Insurance
Policy and Overseas Travel
Insurance cover as per
requirement of the Government
of the Country concerned
to meet expenses including
medical, legal, hospitalization,
accident etc. during
the tour.
For settlement of insurance claims and it is a matter solely between
the concerned insurance company and the tourist. Insurance companies
do not insure baggage. Tourist is advised not to carry valuables
or money on tour and keep any valuables in cargo baggage. In case
of any unfortunate event while on tour like hospitalization and/or
unfortunate demise, it shall be the sole responsibility of the guest/
relative of the hospitalized person/deceased to submit the necessary
claim to Insurance authorities and for further processing of the
claim.
Payments
by Tourist
-
Payment
of Registration
amount
The registration amount paid at the time of booking, is not refundable
and interest free. All the payments by the tourist shall be made
in accordance with the procedure laid down in the brochure. The
bookings will be processed by the Company only after the registration
amount is paid in full. If tourist fails to pay timely full tariff
the Company reserves the right to cancel the booking / registration.
In case of billing errors, Company reserves the right to re-invoice.
In case of dishonored cheques, issued by the tourist in favor of
the company the concerned tourist has to pay INR.150/- for every
such dishonor and in addition the Company reserves the right to
take necessary legal action in respect of dishonored cheques as
may be advised. The tourist booking the tour 20 days before the
tour departure (subject to availability) has to make all the tariffs/payments
to the Company by demand draft or cash.
-
Tour
Tariff
The tariff of the tour quoted is calculated as per the rates prevailing
at the time of quoting it. The Company reserves the right to change
the tariff in the event of modification / alteration / change /
variation in the said rates before the date of departure. Any such
increase in the tour tariff accordingly must be paid in full by
the tourist before tour departure. Any increase in tour tariff
during the tour must be paid in full by the tourist during tour.
Tour tariff for many domestic tours except the air – travel
tour charges does not include other modes of travel. All tour tariffs
are exclusive of all taxes applicable from time to time.
-
Discounts/Benefits
Early booking of tour makes the tourist eligible for the benefit
or discount as declared by the Company which are valid for
limited number of seats, limited period, specific tour and
varies from tour to tour, region to region and country to country,
tourist to tourist and age of the tourist. The Company reserves
the right to amend, alter, vary or withdraw any of the discounts/benefits
without prior intimation to the tourist. To be eligible for
any discounts/benefits tourist must pay the full registration
amount at the time of booking itself. Discounts/benefits are
generally applicable for tourists whose age is 2 years and
above for International tours and 5 years and above for Indian
tours.
-
Airlines
High season surcharge as per the rules of the Airline concerned
has to be paid by the Tourist. Any increase in airfare, airport
taxes, visa charges, fuel surcharges after the booking/registration
will have to be paid and borne by the tourist. Air Ticket Cancellation
charges plus deposit forfeit charges as are applicable under
the rules of the concerned Airline are to be paid by tourist
immediately in the event of cancellation of the tour by tourist.
-
Reimbursement
Reimbursement to the Company of payment due and payable by the
tourist but made on his behalf by the Company
Over and above the tour tariff paid by the tourist if Company pays
any money for and on behalf of the tourist as by law required or
otherwise, the same shall be reimbursed by the concerned tourist
to the company forthwith on demand by the Company.
-
Passport
Passport is an official document required whenever tourist intends
to travel abroad and in addition the tourist should have visa
of that particular country which the tourist wants to visit.
Before submission of the passport to the Company for obtaining
visa, tourist has to ensure that passport validity is minimum
180 days from the arrival date of the tour in India and it
has sufficient blank pages, which should not be damaged/stapled/torn,etc.
for recording the visas of the respective countries. All tourists
booking tours for Europe sector should ensure that the year
of issue on their passport should be after 01/01/2001.
-
Loss
of passport
Tourist travelling abroad should take care of not losing passport.
Loss of passport on tour involves costs and consequences such as
filing FIR, visiting Indian Embassy, getting new passport or landing
certificate, expenses on the stay, food, transportation etc. all
of which have to be borne and paid by the tourists only. Getting
the landing certificate or the new passport is the sole responsibility
of the tourists alone. Tour Manager is not responsible or liable
or under obligation, for the loss of passport and consequences
thereof. Entire consequential expenses shall be met by the tourist(s).
Any other tourist accompanying the tourist who has lost the passport
wishes to terminate the tour intermittently will also be responsible
to meet the expenses etc. No further refund will be given for the
tourist leaving the tour abruptly.
-
Tourists
Responsibility
It shall be sole responsibility of the tourist to hold required
valid travel documents and statutory clearances, including passports,
visas, confirmed travel tickets, insurance including medical insurance
certificates, any other document used to confirm the services of
tour including an arrangement with independent contractor and other
statutory certificates, to enable him/her to undertake tour. All
travel documents are non-transferable and must be issued in the
name of the passport/photo identity holder, otherwise if the booking
may be cancelled. Passport must be valid from the start of the
tour to at least six months subsequent to the scheduled departure
date of the tour. The Tourists shall ensure timely collection of
all such documents enabling them to undertake tour and be present
in time for departure. Tourists should keep certified true copies
and photo- copies of all documents including valid travel documents
and statutory clearances, including passports, visas, confirmed
travel tickets, insurance including medical insurance certificates,
any other document used to confirm the services of tour including
an arrangement with independent contractor and other statutory
certificates, used by him/her while on tour.
-
Photo
identification
All tourists travelling by air for Indian / domestic sectors are
advised to carry the photo identification in the form of driving
license, election ID card, Pan card and for students their school
/ college ID card. At certain sightseeing places, the Identification
proof is required for which company has no control and is mandatory.
The identification documents must be produced by the tourists as
per the rules and regulations prescribed at different locations.
-
All
services of the tour
including changes
in schedules of mode
of travel may have
an impact on tour
itineraries, and
the Company reserves
the right to change
/ modify / vary /
alter in the tour
itinerary and/ or
tour tariff accordingly.
Such changes etc.
shall be intimated
to tourist, prior
to the start of the
tour or on tour as
the case may be.
Additional charges
if any due to such
changes etc. over
and above the tour
tariff have to be
paid by the tourist
before or on tour
itself as the case
may be. Tourist shall
not claim refund
for missing any services
of the tour due to
delay on his part.
No complaints /compensations
and/or claiming of
refunds by the tourist
will be entertained
by the Company for
limitation and/or
non- availability
of certain services
including museums,
restaurants, sightseeing,
shopping etc. even
though included in
tour itinerary. City
tour includes panoramic
view of places as
mentioned in tour
program and unless
specifically mentioned,
it is panoramic view
or a photo stop.
Company reserves
the right to / modify
/ alter / vary /
change Tour Dates,
number of days of
the tour etc.
-
Deviations
If any tourist wishes to deviate from the tour itinerary the company
will permit such deviations at its discretion. For such deviation,
the tourist has to pay full cost thereof in addition to the
tour tariff before the tour departure.
-
Tourists
joining and/or leaving
the tour at places
other than indicated
in the tour.
-
Such
tourists should
possess the
entire air
travel tickets
including internal
sectors along
with valid
visas for the
respective
countries and
insurance cover
if required
by the concerned
countries,
unless otherwise
informed.
-
If
such tourists
are reaching
before the
scheduled arrival
time of the
tour at the
respective
airport then
they should
be present
in time at
the respective
airport arrival
hall of the
terminal where
the concerned
tour group
is landing.
-
If
tourists are
reaching after
the scheduled
arrival time
of the concerned
tour the tourist
should join
the tour group
directly at
the hotel/1st
destination/sight
seeing place,
etc. as the
case may be
on their own
and at their
own costs and
risks.
-
Such
tourist are
required to
provide to
the company
20 days in
advance before
the tour starts
details viz.
Inward and
outward flight/journey
details, Photocopy
of an airline
ticket, E mail,
mobile, contact
particulars
of the tourists.
Cancellation
Charges :
If the tourist decides
to cancel the tour for
any reason whatsoever
he shall make an application
in writing to that effect
within specified time
limit hereunder along
with the original receipt
issued by the Company.
Such cancellation will
attract the cancellation
charges stated hereunder.
Cancellation charges
for any mode of transport
ticket are applicable
as per the rules of the
concerned authority.
Air ticket cancellation
charges for special fares
if paid by the tourist
are NON REFUNDABLE. Any
refund payable will be
refunded to the tourist
after receipt of the
refund from respective
authorities after deducting
the processing charges.
INTERNATIONAL
TOURS
|
INDIAN
TOURS
|
Number
of days prior
to
departure written
cancellation application
is received by the company
|
Amount
you must pay
cancellation charges % on total tour price
|
Number
of days prior
to the departure
we receive
your written
application
|
Amount
you must pay
cancellation charges %
on total tour price
|
More
than 60 days
|
Registration
amount
|
More
than 60 days
|
5%
or 1000 whichever
is higher
|
60
- 46 days
|
15%
|
60
- 46 days
|
15%
|
45
- 31 days
|
25%
|
45
- 31 days
|
25%
|
30
-15 days
|
50%
|
30
-15 days
|
40%
|
14
- 04 days
|
60%
|
14
- 04 days
|
60%
|
03
- 01 days
|
80%
|
03
- 01 days
|
80%
|
On
the day of
departure
|
100%
|
On
the day of
departure
|
100%
|
On
Tour
|
100%
|
On
Tour
|
100%
|
Above cancellation
charges will apply
on the total tour price
excluding rail and
air fare.
Miscellaneous
:
-
Complaints
or grievances -
If the tourist has any claim, grievance and / or complaint in respect
of services provided by any of the independent contractors, the
tourist shall immediately notify the same to the independent contractor
in writing, and a copy thereof is handed over to the tour escort
/ leader / Manager / Assistant and /or Company not later than 7
days thereof to enable the Company to take up the matter with the
concerned independent contractor.
-
Government
rules for NRI (
NON RESIDENT INDIAN
) TOURIST -
All tourists staying abroad including NRIs or foreigners should
abide by all the laws, rules, regulations of Government of India
and/ or the country concerned while undertaking the tour.
-
Valuables
-
The Company advises tourists not to carry valuable items to the
extent possible with them on tour and invariably carry such items,
if any, with them while leaving the hotel for whatever reasons
and not to keep any valuables, money or important travel documents
etc. in suitcase. Better keep them in safe deposit lockers. In
case of any loss suffered by the tourist the Company is not liable
or responsible for the same.
-
Tourists
not allowed -
Guests other than tourist are not to be invited on tour by any
tourist and they are not allowed to use any of the services of
the tour.
-
Paid
Toilets -
At some places/destinations/country, there are paid toilet halts,
which tourists have to take care on their own.
-
Jurisdiction
-
All disputes pertaining to the tour and any claim arising there
under shall be subject to the Court of competent jurisdiction at
Pune only.
-
Refunds
if any, for variation/modification/amendments/alteration
and/or cancellations
etc. of any tour
will be paid directly
to the tourist by
'A/C payee' cheque,
in Indian Rupees
at the prevailing
rate of exchange
on the date of the
cheque, as per Reserve
Bank of India Rules
and Regulations,
irrespective of whether
the tour payments
in part or whole
were made in foreign
currency.
-
No
refund will be payable,
-
For
any missed
/ unused services
of the tour
including the
meals due to
any reason
whatsoever.
-
Where
full deposit
is required
to be paid
in advance
to the concerned
authorities
to enable Company
to confirm
the reservation
-
If
services of
the tour are
modified, varied,
amended, cancelled
or not utilized.
-
If
any tourist
decides and
or is required
to cancel the
tour due to
any changes
made in the
rules by the
concerned Government.
-
where
Airfares are
contracted
in bulk for
Airport to
Airport
-
If
the tour is
indefinitely
postponed due
to natural
calamity, riots,
political calamities
or any other
unforeseen
calamities
-
Refund
is not applicable
for Indian
/ domestic
sectors and
on certain
conditions
which include
that such air
tickets are
non refundable
and date change
is not allowed.
Reservations
:
The
Company reserves the
right to
-
Give
admission to any
person for any tour
or FIT package
-
Cancel
the booking / registration
of any of the tourist
after acceptance
of the payment but
prior to commencement
of the tour, without
assigning any reason.
In such event the
Company shall refund
the payment received
from the tourist
for the tour but
without payment of
any interest thereon,
-
Terminate
the booking / registration
during tour if the
tourist is not following
the group decorum
of the tour or misbehaves
or without assigning
any reason whatsoever.
In such an event,
no refund or compensation
will be paid to the
tourist and he will
have to bear and
pay the expenses
for his return travel,
-
Amend,
alter, vary or withdraw
any tour including
its services, flight
route etc. advertised
and or published
without assigning
any reason whatsoever,
-
Amend,
alter, vary or withdraw
the discounts/benefits
or the priority booking
of bus seats given,
if the minimum registration
amount is not paid
at the time of booking
or if any cheque
drawn in favour of
the Company is dishonoured,
and or without assigning
any reasons whatsoever.
-
To
vary, add, amplify
or waive any stipulation,
representation, term
or condition set
forth in this brochure.
Liability & Responsibility
of the Company :
The
liability of the Company
is restricted only
to the making reservation
in accordance with
the tourists requirements
and no further. Company
is not liable for any
loss of person or property
caused or damaged or
suffered by the tourist
on account of deficiency
in services by any
independent contractor.
Any gesture of courtesy
extended by the Company
to the tourist to minimize
such loss or damage
will not constitute
an admission of such
liability or a waiver.
The Company shall in
no circumstances whatsoever
be liable to the tourist
or any other person
for any loss or expenses
incurred due to:
-
Theft
or any other reason
whatsoever during
the tour and the
entire responsibility
of taking care of
their valuables shall
be that of the tourists,
-
Train/flight
delays, on account
of any reason whatsoever
rescheduling/cancellation
of train / flights
/ inter-connection
meals not being served
etc.
-
Any
overstay expenses
on account of any
delay or changes
in air, bus, ship,
train or cancellation
of special bogie
on account of Force
Majeure including
weather conditions,
strike, war, quarantine,
or any other reason
whatsoever,
-
Any
Sightseeing missed
and/or the program
being curtailed after
commencement of the
tour and/or before
the due period on
account of Force
Majeure including
any unavoidable circumstances
and any reason beyond
company control including
political, natural
calamity, monument
under renovation,
VIP movement and
security, heavy rush
at sightseeing places,
road traffic congestion
etc.,
-
Any
tour, holiday, excursion
facility exceeding
the total amount
paid or agreed to
be paid by the tourists
for the tour, including
any consequential
loss or additional
expense whatsoever
if the tourists is
not allowed to board
the train/flight
to on account certain
reasons beyond the
control of the Company
.
-
Any
loss of baggage by
independent contractor
or their agents,
hotel staff, bus/coach
or during tour including
damage or loss caused
to the tourist due
to Force Majeure,
negligence or technical
fault or any other
reason whatsoever
on account of any
change, amendment
or cancellation in
their schedule by
Airline/Railway Authority.
-
Allocation
of seats, and food
service in the aircraft.
-
Any
celebrity assigned
for the tour as an
entertainer not turning
up on the tour due
to the reasons beyond
the control of the
company.
-
Any
personal injury,
sickness, accident,
loss, delay, discomfort,
consequential loss
and/or damage or
any damage to baggage
or personal effects
howsoever caused;
-
Death
of the tourist while
on tour and all applicable
rules and procedures
of law are to be
followed strictly
and all the procedures
pertaining to the
death will have to
be tackled and handled
by the tourist or
their relatives themselves
at their own cost
and consequences.
-
Any
injury, loss, personal
harm, death or damage
caused to any person
or property by the
act or default of
the management /
employees / agents
of any independent
contractor.
-
Any
damages, additional
expenses or any consequential
losses suffered by
the tourists due
to Cancellation,
Amendment and or
alteration of any
of the services of
the tour mentioned
in the itinerary
/ Brochure by the
Company after the
registration / booking
by the tourist.
Each
of these conditions
shall be severable
from other if any provision
declared invalid, illegal
or unenforceable, then
remaining provisions
nevertheless have full
force & effect.
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