In the terms and conditions set out in this document, the following terms shall, unless contrary to the context, have the meaning specified.
- "You" means the person / s in whose name and / or whose behalf the Booking is made. Alternatively, the reference may be made in the third person as "Tour Participant"/ "They" / "Client" / "Them" / "His" / "Her".
- "We"/ "Us"/ "Company" means Cox & Kings Limited.
- "Infant" / "Child" mean respectively a person below the age of two years and a person more than the age of two and below the age of twelve years.
- "Contractor" / "Supplier" means supplier of any infrastructural facility and shall include hotel managements, airlines, caterers, restaurants, places of entertainment like theme parks, museums, art galleries etc shipping company, railway, ferry, cruise, coach who are to provide the services to the Client.
- "Tour Cost" means the tour cost mentioned in the Price Grid / Brochures / online and other payments such as taxes, surcharges etc payable by the client to the Company
- "Brochure" means printed Brochure, Website, Itinerary, Leaflets, Booklet, Price Grid.
- "Website" means www.coxandkings.com
- "Web pages" means pages on the Website www..coxandkings.com
- "Cancellation Policy" means and includes all the Cancellation Charges levied by the company from time to time, third party Cancellation Charges etc. as more particularly described hereinbelow or any other documents.
- "Visa Cancellation Policy" means and includes all the cancellation charges levied by the Company from time to time arising out of non granting / delayed granting of visa by the concerned Consulate due to any reason.
- "VISA" means a Certificate issued or a stamp marked (on the applicant's passport) by the immigration authorities of a country to indicate that the applicant's credentials have been verified and he or she has been granted permission to enter the country for a temporary stay within a specified period.(Note: The Company does not have any role to play for issuance / rejection of Visas other than being a facilitator)
- "Jurisdiction " means the geographical area over which a court or government body has the power and right to exercise authority. Parties hereto agree to confer exclusive Jurisdiction to Mumbai Courts / Forums.
- "Terms and Conditions" means these terms and conditions and includes the How to Book Rules, Booking Form, Web Pages, Brochure, Price Grid, Itinerary, Promotion Booklet and other documents as may be notified from time to time"
Brochure / Website Information - Disclaimers
We take reasonable care in preparing the Brochure, Price Grid, Web Pages and other Documents and in describing the services therein. However, we are not responsible / liable for any typographical / printing errors. Furthermore, Brochures may be printed several months in advance and the content may not always be fully updated. We therefore ask you to confirm the current information by contacting us.
Please note that the Itinerary may have changed. The products and services displayed may have changed. The photos of meals / sightseeing are for reference only and may differ from the actual meals / sights. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes. Hotels may be booked far off from the center of the city.
Itinerary May Change At Any Time
We reserve the right to alter, amend, change or modify the tour package and itineraries before or during the tour. We will make reasonable efforts to notify you promptly of such changes / events sufficiently in advance during booking or prior to departure of the tour. If such changes / events incur during the tour, our tour manager or local representative will inform you of the changes on the spot and we solicit your full cooperation 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 participants during or after the tour. Please note that promotional offers may have different terms and conditions which will be in addition to these terms and conditions and the requirements of the booking deposits, payments, deadlines and mode of payment may be defined in such promotions which will be over and above these Terms and Conditions.
Such changes may be necessitated due to factors beyond our control such as Force Majeure events, strikes, fairs, festivals, sport events, weather conditions, traffic problems, overbooking of hotels / flights, cancellation / re-routing of flights or railway, closure of / restricted entry at a place of sightseeing. Generally, we try to avoid dates when big Fairs, Exhibitions, etc and other events are held in certain cities as hotels are fully booked several years ahead. If you have to travel on such dates, you may have to stay in alternate hotels or hotels in other cities.
Due to airline's requirements the points of entry and exit in a city / country may change. We may operate more than one coach per departure date and may for convenience reverse the direction or amend the itinerary.
Change in itinerary may also be required or necessitated on account of actions, inactions, defaults or condition of tour participants.
We will make reasonable efforts to keep the over all package of services unchanged. However, we shall not be responsible / liable to refund any amount or pay any compensation on account of any change in itinerary.
In case the alternate arrangements made are materially superior as compared to the ones described in the Brochure, we may charge extra for the same at the time of booking or in the course of the tour.
| General Notice Regarding Booking
Please read carefully and understand the contents of the Tour Brochure / Itinerary, the 'Terms and Conditions', How to Book Rules, Price Grid and such other documents as may be applicable, as all these will form part of your contract with us once you effect the booking. To effect the booking, we may require you to sign the Booking Form and such other Documents as we may deem fit including (without limitation) the 'Terms & Conditions', 'How to Book' rules and 'Price Grid' ('collectively Booking Documents'). Upon executing the Booking Documents and on payment of the prescribed non-refundable interest-free booking amount, a binding contract shall come into existence.
We advise you to ensure before making a booking that you have and / or you will be able to provide all the required documents to enable you to travel. Please go through our web site and / or check with our staff to ascertain the required documentation.
Conditions Of Other Third Party Operators
In the event you are booking through us a tour / travel service of any third party operators, the terms and conditions of such third party operators, including their payment schedule, cancellation, refund etc shall be applicable to you in addition to these Terms and Conditions.
In the event that you are booking any product which includes helicopter services such as in case of Amarnath Yatra, Mata Vaishnodevi, Kailash Mansarovar tour etc. the same would be subject to the weather conditions / permissions of the shrine boards/ availability at the time of booking and / or any other statutory requirements. The client cannot hold the company responsible / liable for any such happening or non happening of any event which is beyond the control of the Company. If the helicopter service remains unutilized for any reasons whatsoever, including the aforesaid reasons then the Company shall not be responsible / liable for any refunds whatsoever.
You can purchase our services from our sales outlets, Agents or Franchises. In the alternative, you can register and book your tour / services online through our Website. Our Website provides the facility of making online booking of tours and services. However, we cannot give any guarantee or warranty with respect to the website booking engine which could malfunction due to various reasons including software or network errors. We have incorporated all modern protection technologies to ensure that information concerning you or your payments is kept secure and confidential.
The Company reserves the right to decline to register any person / s for any tour or to cancel their registration without assigning any reason.
One / Some Member(s) May Sign Booking Documents On Your Behalf
In case of one or more but not all tour participants named in the Booking Form sign the Booking Documents, it shall be deemed that the signatories have been duly authorized by all such tour participants to sign on their behalf assuming full responsibility and accordingly it shall be deemed that all such tour participants have signed the booking documents.
Your Travel Agent Can Sign The Booking Documents On Your Behalf
Where tour participants are booking through a Travel Agent, if such Travel Agent signs the Booking Documents, it shall be deemed that such signature is for and on behalf of all the tour participants named in the Booking Form assuming full responsibility. It shall be deemed and construed that all such tour participants have duly authorized the said Travel Agent to sign the Booking Documents on their behalf.
Contract Subject To Signature And Payments
Please note that there is no contract between the Company and the tour participants until the Booking Documents are signed and received by the company and the Company has also received the specified non-refundable interest free booking amount. The full payment must be received in accordance with prescribed payment schedule. 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 that you make to your Travel Agent would not constitute payment to the Company until the same is remitted to the account of the Company.
Cancellation / Amendment By Company
We reserve our right to amend or cancel the tour booked by you, without assigning any reason. Such amendment or cancellation may be due to circumstances beyond our control. In such cases, we will offer you alternative tour dates / tours or you would have the option of traveling as individual travellers, not as part of the original tours. If the alternative date / tour is not acceptable or you do not wish to travel as individual travellers, we would refund the money paid by you after deducting any costs incurred by us on your behalf including cruise cost, airlines, permits / visas, trawelltag, etc. within a period of thirty days from the date of amendment or cancellation. However, we would not be responsible or liable to pay any compensation or damages or consequential loss or interest or to refund any other expense incurred by you.
| Cancellation Of Booking By You
Should you wish to cancel your booking, you must notify us in writing. Such notification shall be deemed to have been given to us only on the date of the receipt of your letter, since we can act only on receipt. Please state the reason for your cancellation as it may be covered by your insurance policy. Claims must however be made direct to your insurance company.
The following Cancellation Charges for the land and airfare packages shall apply irrespective of the reason for cancellation. You understand and acknowledge that these charges are a genuine pre-estimate of the damages that we will suffer on account of cancellation. You understand that these damages are called liquidated damages in legal language, which are payable without proof of actual damages. You agree not to dispute such deductions or to demand proof of actual damages.
In case of cancellation, the following cancellation charges would apply.
For Land Packages or for Airfare Packages (Individual Holidays - FIT):
|When a cancellation is made
||Cancellation charges per person
|Clear 30 working days or more prior to the date of departure of the Tour or for non-payment of the balance Tour Cost within the stipulated time frame
|Clear 29 to 16 working days prior to the date of departure of the Tour.
||25% of the Tour Cost
|Clear 15 to 08 working days prior to the date of departure of the Tour.
||50% of the Tour Cost
|Less than 07 clear working days prior to the date of departure of the Tour.
||100% of the Tour Cost
|For Tours with Cruise
Less than clear 80 - 50 working days (depending on the cancellation policy of the particular cruise liner) prior to the date of the departure of the tour for the Cruise portion.
In case of third party products, such as cruise holiday, bus and train tickets, 5 Star hotels, services during the trade fair period, festival periods, the rules relating to cancellation and the cancellation schedule prescribed by the concerned third party service provider would be applicable and in addition the company shall have the right to claim service and communication charges of INR 2,000/- per person. Cancellation charges shall be subject to applicable tax.
Service tax will be applicable on all cancellation charges. Hence, post deduction of cancellation charges with service tax, balance amount will be refunded.
For Airfare packages (Group holidays):
|When a cancellation is made
||Cancellation charges per person
|Clear 40 working days or more prior to the date of departure of the Tour or for non-payment of the balance Tour Cost within the stipulated time frame
|Clear 39 to 25 working days prior to the date of departure of the Tour.
||50% of the Tour Cost
|Clear 24 to 10 working days prior to the date of departure of the Tour.
||75% of the Tour Cost
|Less than 09 clear working days prior to the date of departure of the Tour.
||100% of Tour Cost
|Less than clear 80 - 50 working days (depending on the cancellation policy of the particular cruise liner) prior to the date of the departure of the tour for the Cruise portion.
In case of third party products, such as cruise holiday, bus and train tickets, 5 Star hotels, services during the trade fair period, festival periods, the rules relating to cancellation and the cancellation schedule prescribed by the concerned third party service provider would be applicable and in addition the company shall have the right to claim service and communication charges of INR 2,000/- per person.
Cancellation charges shall be subject to applicable tax.
Service tax will be applicable on all cancellation charges. Hence, post deduction of cancellation charges with service tax, balance amount will be refunded.
It is a clear understanding between the parties that for the purpose of this clause cancellation can be due to any reason whatsoever including the reason of inability to participate due to any reason including illness, death, court orders, non-availability of travel documents etc.
As per the booking conditions, we are constrained to levy the aforesaid Cancellation Charges in addition to the actual administrative / service expenditure incurred towards visa / permit (In the case of travel to SAARC countries), trawelltag, retention charges by overseas supplier etc.
If you wish to cancel your booking, you need to inform us by any of the following methods, provided that such information should be given on a working day within working hours:
If the Booking Documents have been signed by one or more persons for themselves and for others mentioned in the Booking Form, then the communication signed by such signatory / s would be treated as a valid communication with full responsibility for cancellation for all Travel such persons mentioned in the form. Similarly if your Travel Agent seeks cancellation, we will act on the basis that he has been authorized or instructed by you to cancel and shall accordingly effect cancellation.
- By fax at 91 22 2270 9161 followed by a written communication to our Registered Office listed below OR
- By email to firstname.lastname@example.org followed by a written communication to our Registered Office listed below OR
- In writing on at the Registered Office of the Company: Cox & Kings Ltd, Bharat Deko Customer Service, Turner Morrison Building, 16 Bank Street, Fort, Mumbai - 400 001, India
Cancellation shall take effect only from the time the written request reaches the Company at its office in Mumbai on working days within office time at the details listed above. However, in the following cases you shall be deemed to have cancelled the tour even if no cancellation notice is issued by you: (i) If you fail to pay the tour costs in time or if you commit any other default in relation to your booking, we may treat such failure or default as a cancellation of the booking by you. In such case, the cancellation charges shall be computed with reference to the date on which we issue you a notice of cancellation;
(ii) If on your failure of payment or other default, no notice of cancellation is issued by us but your payment or default remains outstanding on the date of departure, the booking shall be deemed to have been cancelled by you without any advance notice, inviting the highest cancellation charge.
Amendment Of Booking By You
If you wish to amend or change your booking, you have to communicate your request to us in writing. Such requests for change or amendment will be accepted subject to availability.
Please note that:
- The amended or changed booking will be regarded as a new booking;
- An amendment fee of INR 750/- is payable in case of every amendment or change;
- In case the amendment is carried out within the cancellation period, then a cancellation charge shall apply as if a cancellation was made on the date the request for amendment or change is made. Please note the cancellation charges specified in the preceding section. Terms and Conditions shall also apply.
Transfer From One Tour To Another
A request in writing for transfer from one tour to another 30 days prior to the departure will be treated as cancellation on that tour and a fresh booking on another. In these cases, a transfer fee of Rs.750/- per person will be applicable in addition to the costs for re-processing your documentation including permits / visas / cruise / airlines / bus bookings / Trawelltag, etc. due to the transfer to another tour. In case you transfer within the cancellation period, then the Cancellation Policy will also apply. Terms & Conditions shall apply.
| Rate Of Exchange Applicable To Refunds
Please note that refunds of foreign exchange component of the Tour Cost will be based on our buying rate of that date. To make it clearer, every day we i.e. Cox & Kings Limited publish on our web page (http:// www.coxandkings.com/live/products/forex/index.php) and through our sales network, our buying and selling rate for foreign currency applicable for that day. When we receive Indian rupees from you in relation to a booking, we convert them into the foreign exchange component of the Tour Cost at our selling rate, then applicable. However, when we refund the foreign exchange component to you in Indian rupees, we do so at our buying rate applicable on the date of refund and after deductions of bank charges as applicable in cases of bank remittance / telegraphic transfer.
Our Scope Of Services
We are travel and holiday organizers only. We inspect and select the services to be provided to you. However, we do not own, operate or control any airline, shipping company, coach or coach company, hotel, transport, restaurant, kitchen caravan or any other facility or provider that is engaged to provide you services during the course of your tour.
Therefore, please carefully note that:
- You will need to adhere to the conditions, rules and regulations of each service provider. For instance, you will need to check the baggage rules of the airline to understand what kind of baggage and how much baggage you can carry. You will need to check the hotel rules to check the timings when your meal is served, to ensure that you are available at that time. The company is not responsible for the consequences if you breach such rules and regulations;
- If you cause any injury or damage affecting the service provider, then you may be responsible / liable to the service provider and if the service provider recovers any monies from us for such injury or damages, we shall separately charge you for the same;
- We cannot be held responsible / liable for any delay, deficiency, injury, death, loss or damage etc. occasioned due to act or default of such service providers, their employees or agents.
Please refer to the Itinerary in the Brochure / Website for details of the meals which would be served to you on the tour. Unlike an airline, we cannot process a special meal, nor can we guarantee a special diet. We do not assure special meals, quantity of meals or special timings or extra halts for infants, children, or passengers with diabetes, cholesterol, high blood pressure or any other condition. We cannot guarantee quantity of the food as may be provided by the service provider. If you have any such special requirements arising from medical conditions or from the needs of your children or otherwise, it would be advisable to travel on a customized tour and coach tours are not recommended.
We, however, reserve the right to change the meal arrangement, where circumstances compel us to do so. At some places a meal allowance may be paid to you to enable you to have a meal of your own choice.
The Company selects hotels for your stay at locations, which give comfort and value for money. For various reasons, such as reducing the overall traveling time on the coach for the following day, the hotels may be chosen away from the city centre.
Modern facilities such as attached toilets with showers / bathtubs are provided. We cannot guarantee the availability of adjoining rooms / interconnecting rooms / non-smoking room / rooms on the same floor etc. and are subject to availability.If you seek a change in rooming while on a tour, the same will be subject to availability and you will need to pay any additional charges as may be applicable.
The check in and check out times may vary from city to city. Usually, the check-in time is 12:00 noon and check-out by 11:00 a.m. You may have to wait for sometime till the rooms are cleared.However, in case the room is required on immediate occupancy / late check out, kindly inform our sales executive to assist on the same at an additional cost.
During trade fairs, sometimes last minute hotel tariffs may vary from their normal / displayed rates for which we shall not be responsible for any variation in the rate displayed by the hotel.
We shall not be held liable / responsible in case the hotel provided is not the same as mentioned on the Website at the time of booking. We reserve the right to change the hotel any time due to any reasons. No refunds will be provided in case we are not able to provide confirmation of the hotel mentioned on the Website.
Any damage caused to the hotel property by you will have to be paid directly and we would not be liable / responsible for the same.
Hotel standards vary throughout India. Hotels in India continually try to upgrade their services and there can be ongoing renovation works throughout the year. We will endeavor to obtain rooms as far away from such activity as possible but please bear in mind that hotels run on full capacity during peak season and specific rooms can rarely be pre-booked. Hotels may be booked far off from central place.
Economy hotels are budget hotels and they may not have any star category classification obtained from the relevant authorities of Government of India. Even 2 star properties approved by the India Tourism, Government of India, can be considered as economy hotels. These hotels may provide very bare basic amenities.
Standard hotels are mainly 3 star category hotels approved by the India Tourism, Government of India. They may also include Heritage hotels, Lodges and Resorts.
Deluxe hotels can be categorized with ratings of 4 star or 5 star approved by the HRACC, India Tourism, Government of India. They may also include Heritage hotels, Lodges and Resorts.
Heritage hotels are set in old or historic style buildings and are categorized into grand, classic and heritage. If you would like to stay in any hotels other than those featured in the tour itinerary, or you would like to upgrade the standard of your room, this can be arranged and you will be informed of the difference in price and this would be subject to availability.
Hotels can be booked on the following occupancy basis:
In case you book on a single occupancy basis, you will have to pay a single room supplement unless another tour participant is willing to share your room. You shall also be responsible / liable to pay the single room supplement if earlier having booked on a shared room basis, you later have to take the room on single occupancy basis since your intended room partner has either dropped out of the tour for any reason or since you and / or your room partner are no longer willing to share a room.
Note that the single room supplement will be charged in all cases where a booking on a shared room basis has to be changed to single room basis including the following:
(i) Intended room partner was arranged by you.
(ii) Intended room partner was arranged by us for you.
(iii) No room partner was found available for you.
Double / Twin Accommodation
A double room has either a single queen-size bed or two separate beds. If the Client requests for a room with queen-size bed or twin bed, the same would be provided subject to availability as most of the hotel rooms are twin-bedded. In case of non-availability of a room with a queen-sized bed, a twin bedded-room would be given. In case of non-availability of either of them, the booking will be made based on the availability of the hotel.
We recommend a maximum of only (3) three persons in one room. Triple rooms are usually no larger than twin rooms and the third bed is often a rollaway bed or cot placed in a twin room. Some hotels do not allow a third occupant. This however is subject to the concerned hotel policy.
A child travelling for whom 'without a bed' charge has been paid would not be entitled to a separate bed in the hotel. In case 'with bed' charge has been paid for the child and you decide not to avail such facility whilst on the tour, you would not be entitled to any refund. In case you decide to seek an extra bed for the child booked on 'without bed' basis on the tour, this will be provided subject to availability and you shall be bound to pay any additional amount charged by the concerned hotel directly.
| Pre / Post Tour / Add On Extension Packages
Pre / post tour accommodation / add on packages or extensions etc. are available to you at special rates. You must ensure that you request your Travel Agent or your sales officer for the same at the time of booking your tour.
Coach And Seating
We generally engage air-conditioned / non-airconditioned luxury coaches / cars, but we are not responsible / liable if the air-conditioning equipment malfunctions for any reason. Normally, the air conditioning will not function during hill drives for coaches and cars.
On group tours, you are not allotted seat numbers as a seat rotation system is followed. You must follow the instructions of the Tour Manager in this regard.
The coach / car drivers are bound by restrictions concerning maximum driving hours per day and per week and the itineraries are planned with regard to the same. It is therefore essential that the itineraries, schedules and timings are strictly adhered to by you so as to ensure that all the services can be duly provided. If you or any of your co-passengers miss any service due to unpunctuality, we shall not be responsible / liable to refund any amount. Further, we shall not be responsible / liable to refund any amount or pay any compensation for any change in itinerary or for missing any service due to the unpunctuality or actions of your co-passengers or for any delays due to any reasons.
Please note that smoking, consumption of alcoholic beverages and snacks is strictly prohibited on coaches / cars. Please keep the coach / cars clean to avoid discomfort to yourself and other tour participants.
Please take care not to leave behind any property in the coach / car while disembarking. The Company would not be responsible or liable in case of loss of such property under any circumstances.
Please note that porterage is not included in the tour price.
Baggage On Coach
Please note that porterage is not included in the tour price. It is often difficult to get porters to assist as hotels may or may not provide this service and it is therefore advisable to use bags with wheels. Coaches / cars have limited space for luggage and hence we permit only one suitcase and one handbag per person in the coach. The suitcase should be of a size of 158 cms. (width + length + height).
We shall in no circumstances whatsoever be responsible / liable to you or any person travelling with you, for loss of baggage by the airline, failure to provide meal of your choice by the airline, denied boarding or down-gradation due to overbooking or any other reason, failure on the part of the airline to accommodate you despite having confirmed tickets, quality or quantity of meals offered by the airlines, flight delay or rescheduling, flight cancellation, changes of flight schedule or routing, change of airline mentioned at the time of booking. In these circumstances, we will not be responsible / liable for the injury, loss or inconvenience suffered by you but you will be free to pursue your remedies against the concerned airline.
If you are travelling to a SAARC country, it is absolutely necessary to have your return air seats to India confirmed prior to your departure from India.
Baggage On Airline
If guests carry more than the permitted luggage weight then, in such case the guest may have to pay extra charges for luggage to the airline directly and the Company shall not be responsible / liable in this regard. You are requested to please refer to the baggage rules of the individual airlines as the same gets updated from time to time. Also, we are not responsible / liable for any loss or damage to baggage while it is in the custody of the airline.
Please note that every airline has a different set of rules and regulations regarding the weight restrictions, the kind of luggage and the number of baggage and furthermore, airlines keep changing the rules quite frequently. Hence, the guests are requested to please check the updated baggage rules of the individual airlines, with whom the ticket is booked.
We are not responsible / liable, in any manner, if you are unable to carry any baggage or if you have to pay any extra-charges due to restrictions imposed by the airline. You shall be responsible / liable to pay all such charges directly to the airline. Also, we are not responsible / liable for any loss or damage to baggage while it is in the custody of the airline.
Airline Date Change Before Departure
If are you travelling on an air ticket for a group tour issued by Cox & Kings and wish to travel in advance or return at a later date after the tour ends, then you must pay the applicable difference between the group airfare within the package holiday Tour Cost and the market airfare for the changed sector. The same will be quoted by us to you on your request. Over and above this you will also be required to pay an 'Airline Seat Rebooking and Reservation Fee' of INR. 2,750/- or as applicable per person per sector, per change depending on the airline (subject to availability of seats and ticket validity). Please note that you will not be able to avail of the group transfers and accordingly you will have to make your own way to meet up with the group on arrival and / or to your next destination when your tour ends. We shall not be responsible / liable to refund any amount to you in this regard. Terms & Conditions shall apply.
| Airline Confirmation And Re-Confirmation
Though you may receive a confirmed air ticket for a particular sector, airlines often overbook seats, due to which the airline may offload even confirmed passengers and may accommodate them on a subsequent flight. We will not be responsible / liable for any such offloading nor for any consequence of such offloading including delay, inconvenience or loss of tour services. As you are booked on a group fare ticket, please note that seat allotment will be made only when you physically report at the airport check in counter. You are advised to report at the airport check in counter at least 3 to 4 hours prior to the departure time. Seat allocation is a matter of airlines discretion and availability of seats which is not in the control of Cox & Kings. Hence Cox & Kings shall not be held responsible if you do not get seats together or do not get your preferred seats.
Please note that in case you are returning on a later date after the tour ends, the responsibility / liability to re-confirm air tickets 72 hours prior to the departure would be solely yours.
You Are Responsible For Your Documents And Possessions
You will have to take the risk and responsibility of all your baggage, belongings, currency, valuables, documents and personal effects (collectively 'baggage') at all times during the tour, whether during travel on the airline or during your stay in hotel or during your travel in coaches, while on excursions or otherwise.
If you forget to carry or if you lose essential travel documents such as permits, passport, ID, visa, tickets etc., you may be compelled to curtail the tour and you may have to incur extra expenses, for which you alone shall be responsible.
In view of what is stated above, please carefully note that:
- We shall not be responsible or liable for any loss or damage in respect of your baggage etc. or their contents whether due to theft, accident, negligence or otherwise;
- We shall not be responsible for any cancellation or curtailment of your tour compelled by any such loss of baggage etc. and we shall pay no compensation or refund to you;
- Some coverage in respect of baggage loss or damage may be provided by insurance.
It is advisable that you do not carry valuables on the tour. However, if you carry any valuables, we recommend that you use all available facilities to keep them secure during your tour. In this regard, some hotels provide Safe Deposit Lockers (which may be charged separately). In case of airlines, we recommend that you declare your valuables to the airline at the time of check-in and pay an additional charge, as may be stipulated by the airline, to make the airline responsible for valuables. Without such declaration, airlines can invoke limitation of liability protections provided in international conventions and laws. If your baggage is lost or misplaced at any time during the course of your tour, it is your responsibility / liability to take all appropriate actions to file complaints with the concerned authorities, including police, airline office etc. In the case of group travel, the Tour Manager is responsible for the whole group of tour participants, he may not be in a position to escort you to lodge a complaint with the authorities, as it could compromise the convenience and time of the group.
Furthermore, Tour Managers / Assistants / Escorts are assisting the tourists throughout the tour and are not responsible for tourists baggage or any kind of personal belongings. On the entire tour the tourists have to be responsible and carry the baggage on their own. Instructions as well as information of the tour are to be followed in the group tours and the Tour Manager / Company is not responsible for any instructions overruled by the tourists and / or its consequences.
Travel Documents, Visa, Permit And Clearances
It shall be solely your the Clients responsibility / liability to hold valid and genuine travel documents and statutory clearances, to enable you to travel on the tour such as ID / permits / passports / visas / cruise / train / bus / confirmed tickets / insurance or any other statutory certificates including immigration clearances, etc. In any case, your Passport must be valid for at least six months or as applicable subsequent to the scheduled date of return of the Holiday. It is the responsibility / liability of the Clients to furnish all documents required by the Company for application of visa etc. The Client acknowledges that the Company is merely a facilitator for providing visa guidance services. In the event the application for the visa made by any Client or the Company on behalf of the Client is rejected by the concerned Embassy or Authorities due to inadequate documents furnished by the applicant or due to any other reason whatsoever, the Company shall not be responsible / liable for the same. The visa fee includes the actual visa charge, cost of processing fees, professional charges, and overheads. All cost, charges in respect of the said application for the visa shall be borne by the Client and the non-refundable deposit paid by the client shall be forfeited and no claim whatsoever shall be made for the same.
Granting or rejecting visas and immigration clearance is the sole prerogative of the concerned sovereign governments and the Company is only a facilitator, the Company shall neither be responsible in case of nongranting of such documents nor liable for any delay, denial or other related act / omission or for any loss, expense, damage or cost resulting there from.
In case of cancellation of the tour by the Client due to non-availability of travel documents would not change only by virtue of the Client having applied for such documents through the Company. Even if the visas are rejected, the stipulated fees of the Company shall be payable by the Client. There will be no refund, if the Client, or any member of his party, is unable to travel due to the said reasons. In such cases, Cancellation Charges as applicable by the company will apply and the decision of the company will be final and binding upon you. Under the circumstances, you agree not to proceed legally against us unless there is a manifest error from our end.In the event that a client is unable to travel on the Holiday date originally booked by him / her, due to rejection of visas by the concerned Embassy, the said client shall have the option to postpone his / her holiday to any other future date or choose any other holiday destination subject to Cancellation Charges of the previous holiday. However, if the client books and pays within the cancellation period and is unable to travel due to any reason whatsoever including non-availability of visas or any travel documents, the Cancellation Policy will apply.
The Company would not be responsible / liable in any manner whatsoever for any clerical error done by the concerned Embassy / Consulate regarding name, attachment of wrong photograph, duration and type of visa (single / multiple entry) or passport number. We always use services of reputed courier companies for the purpose of transmission of passports to the Embassies / Consulates and to our clients in various cities. We would not be responsible for any loss or damage whether direct, incidental or consequential caused due to transmission delays or loss of passport. The documents forwarded by you for visa purpose are sent by us to the concerned Embassy / Consulate by third parties and hence we would not be responsible / liable for loss of your documents. We would however, make best attempts to trace your documents or assist you in obtaining alternative / certified copies of the lost documents.
For SAARC countries, please note that your passport must be valid for at least six months from the date of return of the scheduled tour. If you cancel the tour due to non-availability of the passport etc, you will be responsible / liable to pay Cancellation Charges.
Please note that your health is entirely your risk and responsibility. Our tours are suitable for persons of reasonable fitness. They may not suit persons who are medically infirm or who have special needs or requirements whether due to age, medical conditions or otherwise.
It shall be your duty to inform us in case you have any medical condition that may affect your ability to fully enjoy our tour arrangements or where the interests of other tour participants may be adversely affected by such condition.
We reserve the right (without obligation) to ask you to undergo medical tests and to provide written certification of your medical fitness before departure or at any time during the tour and if you fail to undergo such tests or fail to provide such certificates, we may decline to accept you or to continue you on the tour. Our actions in this regard may be guided not only by concerns for your health but also the convenience and health of the other tour participants.
However, it is not our obligation to check your medical condition and if you suffer any injury or aggravation on the tour or if you are unable to enjoy / complete the whole or any part of the tour due to your medical conditions, we shall not be responsible / liable to compensate you nor to refund any amount to you nor to pay your medical expenses.
In this regard, please note that service providers such as airlines may decline to accept you on medical grounds. Please carefully read and understand the rules and regulations of the service providers, because we shall not be responsible for the consequences that you may suffer.
To some extent, your losses on account of cancellation or curtailment attributable to hospitalization as also your expenses of hospitalization may be covered by insurance.
| Nri & Foreign Nationals
Non-resident Indians / foreigners can pay the Tour Cost in any convertible foreign currency received through normal banking channels or by debiting their NRE / FCNR accounts or against INR payment representing proceeds of foreign currency surrendered by them during their visit to India, duly supported by encashment certificates as per RBI rules. Foreign nationals residing in India can make payment in Indian Rupees against proof of residency and a photocopy of the same.
Please go through the Terms and Conditions carefully to understand your rights, responsibilities, risks and the extent of our liabilities.
As earlier stated, being tour organizers, we will not be responsible / liable to you for any loss, injury or damage in respect of life, limb or property, sickness, delay, discomfort, anxiety, service denial, service deficiency, additional expenses incurred by you or for any direct, indirect, consequential loss and / or costs and / or damage or any kind suffered by you howsoever caused arising out of any act, omission, default of any contractor / supplier or of any servant or agent employed by the contractor / supplier or of any third person who may be engaged or concerned in the provision of accommodation, meals, transportation, entertainment, refreshment etc.or any other service comprising the tour package. In view of this, please note that we shall have no liability in the following circumstances (amongst others):
- Failure on the part of airline to accommodate passengers (despite having confirmed tickets) or cancellation, change of route, delay of flights.
- Overbooking of seats / rooms by the airline / hotel.
- Loss of / delay of baggage by airline / coach / cruise / train.
- Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any kind of theft howsoever / wherever / whenever caused
- Rudeness or unprofessional behavior of staff of airline / hotel etc., quality of meals, facilities given etc.
- Any kind of service denial or deficiency by any contractor / supplier.
Further, please note that in any case, our liability arising from this contract shall not exceed the total amount paid for the tour holiday. Further, under no circumstances shall we have any liability in respect of any indirect, special or consequential losses / damages whatsoever.
As earlier stated, any loss or damage to your baggage will be borne entirely by you and we shall not be responsible / liable for the same in any manner. You may recover such damages by purchasing an appropriate insurance policy.
We shall not be responsible and / or liable for any damages caused to you due to reasons beyond the control of the Company (Force Majeure / Vis Majeure). Any overstay expenses due to delay or changes in bus / flights / ships / cruises / trains / hotels or cancellation of special bogie or other services due to sickness, weather conditions, war, threat of war, strikes, rebellions, disturbances, unrest, curfew etc. or any other cause whatsoever, shall be borne entirely by you and we shall not be liable / responsible for the same.
We are not responsible / liable for any acts, omissions or defaults of other tour participants which may result in injury, damage to your life / limb or property or interfere with enjoying any services to be provided on the tour.
The immunities provided under this contract to the Company shall be available to the Company's Managers, including Tour Managers, Employees, Servants and Agents but not to the contractors / suppliers selected by the Company.
Please note that we will be entitled to retain custody of your documents or properties entrusted to us till we receive payment of all amounts that are due to us in relation to your booking / travel.
You Will Need To Comply With Tour Conditions
You will have to strictly follow the tour program and comply with the Terms and Conditions of the various contractors / service providers such as hotels, airlines etc.You are responsible to register with the representative of the Company at the appointed date, place and time for departure and you would be treated as a no-show if you fail to do so and the consequences shall be yours entirely.
You are required to be punctual and adhere to the time-lines of the tour and of the contractors / service providers. If you are not punctual, you could miss your flight, your coach, your meals etc.We will not be responsible / liable in any way in such situations.
You shall not behave in a manner which may cause distress or annoyance to other tour participants or to any other person or which may create the risk of danger or damage to property belonging to us or other tour participants, service providers or any other persons.
You shall not carry any item or object, the possession of which is forbidden by any law, rules or regulations. Nor shall you violate any other law, rule or regulations. Should any tour participant misbehave or violate any laws, rules or regulations, we shall have the right to discontinue his / her participation and exclude him / her from the tour at his / her risk, cost and expense. Should we suffer any damage or liability on account of a tour participant's misbehavior, we shall be free to separately charge and recover our losses and expenses from him / her.
For any visit which has religious significance (example: cathedrals / temples / mosques etc.) you will need to follow the rules and regulations set by them. Examples could be:
i) Clothes not meeting with the required standards. Wherever required, you should cover your head with scarf; sleeveless clothes / shorts should not be worn. You must respect the place of worship.
ii) Photography which may be forbidden.
iii) Prohibition on eating or consumption of beverages.
iv) Maintaining silence during religious ceremony etc.
v) Obscene CDs, DVDs, books or such other media that may not be permitted in keeping with the spirit of the place;
No Refund For Unutilized Services
It is clearly understood that there shall be no refund or compensation whatsoever for unutilized services. This general rule applies to all kinds of non-utilization or under-utilization of tour services, whether of the whole or part of the tour and whether as a matter of your choice, or caused by your fault or compelled by circumstances such as ill-health, weather, external factors etc.
As a consequence of the above rule, please note that no refund will be admissible in the following circumstances (amongst others).
- There would be no refund if you fail to join the group at the commencement of the tour or join the group later or leave the group before culmination of the tour for any reasons whatsoever.
- There will be no refund if you fail to or are unable to utilize any of the services on the tour like airline travel, hotels, sightseeing, rides, cruises, meals, entrance fees, optional tours etc due to any reason whatsoever such as late reporting, ill-health etc.
Employees / Agents Not Authorized To Change Terms
important Note: No person including any of our Employees, Agents or Franchisees has the authority to alter, amend, or waive any stipulation, representation, Term or Condition set forth in this document. Assurance if any, given by any of our Employees, Agents, Franchisees or any other person, whether given verbally / in writing / by email / by sms or otherwise, which is contrary to the Terms and Conditions shall not bind us, in any manner.
| Please Carefully Check What The Tour Cost Includes And Excludes
Please refer to the relevant section of the Price Grid for the Tour Cost. All services to be provided to you will be as per those specified / confirmed and paid for as per the Invoices. If you avail any service such as porterage, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages, soft drinks, paid toilets or anything that is not specifically shown as included in the Tour Cost, then the payment for the same will have to be cleared by you.
Tipping is customary (unless otherwise stated in the Brochure) in all parts of the world for services rendered (e.g. porters, coach drivers, tour leaders, guides etc).
Currency And Travellers Cheques
We recommend that you hold your Foreign Exchange partly in Cash and Travelers Cheque. You can also opt to take a Foreign Currency Debit Card which is another safe mode of carrying exchange. Travelers Cheque can be encashed overseas for foreign exchange, for a nominal fee.
Tours specified in the Group Tours Brochure are operated subject to a minimum participation of paying adult Participants. If the participation is less than the minimum prescribed, we reserve the right to amend, amalgamate, alter, vary, or cancel a tour without incurring any liability to pay any compensation. If we decide to operate the tour with participation below the minimum stipulated or if you are required to travel as individual travelers (not as a group) we reserve the right to collect an additional pro-rata amount. In such cases you may not be provided certain services, which would have been provided in the group tour including the service of a Tour Manager and you may need to travel on an amended itinerary and services, such as transportation on a 'seat in coach' basis, where the coach departures are at fixed times and routes etc. Minimum Operating Strength (MOS) would be case to case and as per Seasonality of the tour.
Privacy Of Information
We try to maintain the privacy of the personal information provided by you. However, it would be necessary for us to share this information with cruise companies, airlines, hotels and other service providers who would be providing you service during the tour. We would also be constrained to disclose such information if we receive an order of the court, a requisition from any government or statutory authority, subpoena, or where under any laws, rules or regulations, such disclosure becomes necessary.
You agree to let us photograph and / or videograph the tour and specifically you agree to let us photograph and / or videograph you in the course of the tour. You agree to let us publish such photographs / videographs through all media including print media, websites, letters, emails etc. You also agree to let us track usage statistics. You agree and accept that all such photographs and / or videographs and statistics are our absolute property and we have the unrestricted right to use them for any legitimate purposes including advertisement and commercial purposes. Further, you agree that if you share with us any photographs and / or videographs taken by you during the tour, we would be free to publish such photographs and / or videographs through all media including print media, websites, letters, emails etc. We recommend that you register online so that we can send you updates and information on travel destinations.
Communications transmitted to your mailing address / email address on record shall be deemed to have been communicated to you even if returned undeliverable for any reason. All communication from you to the Company has to be in writing, not orally.
Where you book directly with us, we will address communications to you at your mailing address and / or e-mail address given in the Booking Form. Where you have booked through a Travel Agent, we will address communications to your Travel Agent, who made the booking on your behalf and the Travel Agent would be responsible for transmitting such communication to you. All monies paid to the Travel Agent shall not constitute payment to us unless deposited by your Agent with the Company.
Additional Conditions Apply In Case Of Promotions / Offers / Schemes
Please note that in case of special offers, promotions or schemes, the Terms and Conditions of these offers, promotions or schemes will be applicable in addition to these Terms and Conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions or schemes in order to be eligible to avail benefits under such offers, promotions or schemes. If you fail to make the payment by the due date and / or do not comply with all the terms and conditions of the offer, promotion or scheme, you would not be entitled to receive the benefit under such offer, promotion or scheme.
We shall have the absolute right to withdraw any scheme or discount at any time after such scheme or discount is published.
Please check your Invoice for the due date of your balance payments of the Tour Cost. This balance payment has to be made within 30 days from the booking date. If the booking is accepted within 30 days of the date of departure of the tour, the entire Tour Cost has to be paid upfront. A delay in payment of your Tour Cost (part payment or full payment) can result in a delay in processing your documentation, booking and issue of tickets (if applicable) and we may treat it as a cancellation of booking by you, which will be subject to the applicable Cancellation Charges as per the cancellation schedule.
We reserve the right to amend the prices published in this Brochure and on the Website and to adjust our charges based on various factors including currency fluctuations, fuel price rise, travel arrangements, special / high season charge levied by the suppliers, hike in any government taxes or any taxes or visa amounts and / or for any reason before the date of departure. All such increases in price must be paid for in full before your departure.
On Tour Assistance
Please promptly inform your Tour Manager of any grievances that you may have and immediately follow this up by writing to us. This will enable us to promptly rectify all genuine grievances in real time.
If you fail to do this, you will be deemed to have acknowledged and accepted the services of the Company in full satisfaction and you shall be deemed to have no grievance or complaint in that regard.
You should communicate the grievance to the Contractor on the emergency telephone number and adopt any of the following procedures provided that such communication should be made on a working day within working hours:
1.By fax at 91 22 2270 9161 followed by a written communication to our Registered Office listed below with a copy marked to the Independent Contractor,
2. By email to bdfeedback@coxandkings. com, followed by a written communication to our Registered Office listed below with a copy marked to the Independent Contractor,
3. In writing with a copy marked to the Independent Contractor, at the Registered Office of the Company:
Cox & Kings Ltd,
Bharat Deko, Customer Service
Turner Morrison Building, 16, Bank Street, Fort,
Mumbai - 400 001, India
Any complaint made by you must be notified to the Company in writing within 28 days of the end of the tour. No claim notified to the Company outside this period will be entertained and the Company shall incur no liability whatsoever in respect thereof.
Law And Jurisdiction
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the applicable rules. The Mediator shall be appointed by the Company.
If the dispute is not settled by mediation within thirty (30) days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute shall be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole Arbitrator to be appointed by the Company. The Arbitration proceedings will be in Mumbai. The arbitrator's decision shall be final and binding on both parties. In case of any dispute concerning the award the courts in Mumbai alone shall have exclusive jurisdiction. This contract will be governed by Indian law. You agree that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in the competent court / forum / tribunal in Mumbai only.
As to the interpretation of the aforesaid terms and conditions, the decision of Cox & Kings shall be final and binding upon you. The Company reserves its right to change the Terms & Conditions without assigning any reasons, any time without any prior notice.
If you have any tips, which you might want to share with us, do write in to us at our Registered Office as listed above or email us at email@example.com or fax to us at 91 22 2270 9161.
On behalf of the persons booked, I / We have read, understood and accepted the Terms and Conditions, How to Book rules, Brochure, Price Grid, Itinerary, Promotion Booklet, Cancellation Policy and Web pages, a copy of each of which has been furnished to me / us. I / We being duly authorized by the said persons do hereby agree and accept the same for self and on behalf of the said persons assuming full responsibility