Terms and Conditions
We make all possible efforts to secure services from reputed suppliers for you so that you can travel safely and securely and you get best value for money. Our individual customized tours are known as 'INSTANT HOLIDAYS'. We also sell travel related products designed and operated by Third Parties. All our products are sold subject to these Terms and Conditions and How to Book rules (collectively referred to as "Terms and Conditions" for the sake of brevity) and the contract between the Client and us shall be governed by the same. In the event of the Client booking through us, any third party tours or travel products or services, the Terms and Conditions specified by such Tour Operator, including their payment schedule, cancellation, refund, rules and regulations etc. shall be applicable, in addition to our Terms and Conditions. In order to avoid any misunderstanding kindly read the Tour Brochure, the Price Grid, the Booking Form and the Terms and Conditions carefully.
2. BROCHURE ACCURACY:
Brochures are printed several months in advance and the description of the services mentioned in the brochure, are as normally available and as accurate as possible. However, we do not have direct control over the suppliers as we are Tour Operators and do not own any hotels, airlines, restaurants, railways, cruises or coaches. Circumstances beyond our control like major road works, traffic congestions, weather conditions, fairs, festivals, sport events, political / religious gatherings, strikes, change of management / closure of hotels / restaurants, over booking of hotels / flights, cancellation / re-routing of flights or railway, closure of / restricted entry at a place of sight seeing may result in changes in the services / itineraries. Therefore, we reserve absolute right to alter, amend, change or modify the Tour Package, Itineraries, Tour Schedule, Travel Plan, Tour arrangements and sightseeing mentioned in the Brochure. Where we may know of these changes sufficiently in advance we will notify you. There are also very big Fairs and Exhibitions and events lasting up to 2 weeks or even more, where all the hotels are fully booked several years ahead eg. Eurocup, Olympics etc. In such cases, the applicable cancellation charges levied by third party suppliers such as hotels, cruises, airlines are 100%, which are payable by you. Every effort is made to avoid such dates, but in the few instances where it is unavoidable, it may be necessary to stay in hotels in other cities. (This would be advised at the time of booking). We request your co-operation where such changes are made. No complaints or grievances in this regard would be entertained either during the tour or after the tour has concluded. Photos of meals / hotel rooms / transportation / sightseeing / properties published in the brochure are only for reference and may differ from the actual meal served / sights etc. Distance, Exchange Rate, Visa regulations and temperatures mentioned in the brochure are approximate or may vary.
In case the alternate arrangements made are materially superior as compared to the ones described in the Brochure, we reserve the right to charge extra for the same anytime.
3. THE HOLIDAY PRICE INCLUDES AND EXCLUDES:
Please refer to the relevant section in the price grid. For Instant Holidays, all services will be as per those specified / confirmed and paid for as per the Invoices and Service Vouchers. If you avail any service which is not included in the Holiday package or get yourself upgraded then the payment for the same will have to be cleared by you directly. Please note that, porterage, tips, gratuities, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages and soft drinks, paid toilets etc are not included unless specifically mentioned as included in the Brochure or Price Grid.
4. SAFE DEPOSIT LOCKERS:
It is advisable that the tour participants carry their valuables on their person at all times. If Safe Deposit Lockers are available, the tour participants should avail the facility at their own risks and liability. This facility may be additionally charged by the hotel, which will have to be directly paid by the client to the hotel. If the Safe Deposit facility is not available, the tour participants must take all necessary precautions in protecting their valuables as the Company / service providers /company's representatives shall not be liable for any loss of valuables or for making good such loss.
Tipping is customary (unless otherwise stated in the brochure) in all parts of the world for services rendered (e.g. porters, coach drivers, guides etc). Your Sales advisor will guide you in this regard.
This is a measure to ensure your safety and time discipline. Clients will have to strictly adhere to the prescribed timetable for the day. Please adhere to time discipline so that scheduled sightseeing is not missed due to your actions. In case any sightseeing or services are missed due to your default the same will be non-refundable. Tour Participants are requested to strictly follow the time schedule given at all times including the departure time from the hotel, sightseeing places, etc.
If availed of meal option on a Instant holiday, there are pre-set menus provided by the restaurant. We, however, reserve the right to change the meal arrangement, where circumstances compel us to do so. Unlike an airline, we cannot process for a special meal, diet meal etc. nor can we guarantee a special diet for customers if applicable. In the event that the Client wakes up late and misses breakfast and in the event that the Client is out on his own and reaches late and misses meals, then no claim can be made by him for the meal which he has missed and not utilized
8. CURRENCY AND TRAVELLERS CHEQUES:
We suggest you take your holiday spending money partly in currency, partly in travelers cheques or Travel Currency Card. Travellers cheques are a safe way to carry money as they are easily encashed for a small service fee and can be replaced if they are stolen or lost, provided you have the lost travellers cheque numbers and the counterfoil subject to American Express being satisfied with the genuineness of the claim. Alternatively, you can take a Travel Currency Card, which is by far the safest way to carry money and make payments.
Keeping in mind the itinerary, we take great care to select the locations of hotels, which are chosen both for their comfort and value for money. Due to conventions and trade fairs, Olympics etc in the cities the hotels may be blocked out more than 2 years in advance. In view of this, you may have to stay in hotels further away from the cities and itineraries may have to be amended / altered. All hotels are twin bedded (in Europe) and in keeping with European standards are comparatively small. Single rooms are much smaller than twin-bedded rooms. A double room has a queen-size bed and a twin room has two separate beds. Requests for double rooms will be subject to availability and in cases when a double is not available, we will provide you with a twin room.
We recommend a maximum of only three persons in one room. Triple rooms are usually no larger then twin rooms and the third bed is often a rollaway bed or cot placed in a twin room. Modern facilities such as attached toilets with showers / bathtubs are provided. General check in time is usually 2 p.m. and check out time is usually 11 a.m., early check-in and late check-out is subject to availability unless pre-paid and booked in advance.
In case of a passenger booking on a single basis, will have to pay single room supplement.
Any damage caused to the hotel property by you will have be paid by you directly to the hotel and we would not be responsible and / or liable for the same.
10. ACCOMMODATION FOR CHILD BELOW 12 YEARS OF AGE:
It is expressed and given to understand that a child below 12 years of age who is booked on the tour paying the special rate without a bed will not be provided with a bed in the hotel while on the tour under any circumstances unless a supplement is paid. In case the Client decides to make any change in the rooming while on the tour then they shall be bound to pay additional amount charged to them by the concerned Hotel directly to the Hotel.
11. CONDITIONS OF PASSAGE:
These conditions are applicable to every Client of the Company, who books a Brochure Tour or any Special Tour or travel arrangement. In the event of a Client booking through us a Tour or Tour Arrangement of any other Tour Operators like Carnival Cruises, Cosmos, Globus tours, Star Cruise etc., the 'Terms and Conditions' specified by such Tour Operator, including their payment schedule, cancellation, refund, rules and regulations etc. shall be applicable, in addition to our 'Terms and Conditions' while determining the contractual relation between the Client, the Tour Operator and us.
12. SCOPE OF ACTIVITY:
We are travel and holiday organisers only. We do not control or operate any airline, neither do we own or control any shipping company, coach or coach company, hotel, transport, restaurant, railways, cruise or any other facility or service mentioned in this Brochure. Though we take care in selecting all the ingredients in your holiday, we can only select and inspect them. As we have no control in running them, we cannot be responsible for any deficiency in service, delays, improper services provided by any agency, airline, transport, hotel, cruise or any provider of services, for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hotel, airlines, shipping companies, cruise, coach owners / coach operators / tour operators who are the Company's independent contractors.
We are also not responsible for the delay or deficiency in services provided by agency, airline, transport, hotel, cruise or any provider of services, and / or any act or actions of co-travellers, co-passengers which may result in injury, damage to the life / limb or property of the Client or interfere with enjoying or availing the following and / or the other services to be provided on the tour.
The Client has been supplied with details for the Tour Arrangements and the Tour Brochure / Itinerary for the relevant year and season. The Client shall read the same as well as the 'Terms and Conditions' and the 'Booking Conditions' carefully before filling and signing the Booking Form. The Terms & Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties, on the Client signing the Booking Forms and making payment towards the prescribed non-refundable interest free deposit amount. In case of one or more but not all Clients sign the 'Booking Form', it shall be deemed that the others have duly authorised the concerned signing Client/s. In cases where the travel agent through whom the clients have booked the tour signs the Booking Form for and on behalf of the persons named in the Booking Form, it shall be deemed and construed that the clients have duly authorized the said travel agent to sign on their behalf. The signing of the Booking Form by the Client or by their travel agent shall mean acceptance in totality of the Terms and Conditions contained herein by the Client/s.
No person including the Employee/s and the Agent/s of the Company other than the Company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition set forth in this Brochure. Any assurance given by any person shall have no consequence.
The Company reserves the right to decline to register any person/s as Client/s for any Tour or to cancel their registration without assigning any reason.
- You / Client/s means the person/s in whose name and / or whose behalf the Booking is made and / or whose name is on the Booking Form, Invoices and Service Voucher(s).
- We / Us / Company means Cox & Kings Limited.
- Child / Infant: An 'Infant' means a person below the age of two years, and a 'Child' means a person above the age of two and below the age of twelve years.
- Independent contractors means 'any hotelier / hotel owner, owner of any airlines or shipping company or railway, ferry boat owner / operator, cruise, coach owner / operator, owner / operator of any other Person or Organisation etc. who have been selected by the Company to render services to the Client'.
- Holiday Price means the tour cost mentioned in the Price Grid and other payments such as taxes, surcharges etc payable by the client to the Company.
- "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.
- There is no contract between the Company and the Client until the Company has received the appropriate non-refundable deposit. The full payment must be received in accordance with the procedure laid down in the Brochure under the heading "HOW TO BOOK". If not paid in that time, the Company reserves the right to cancel the booking with the consequent loss of deposit and apply the scale of cancellation charges as mentioned in the "HOW TO BOOK" section.
- The Company has the right at any time and for any reason
- To terminate the Contract after acceptance of deposit but prior to the commencement of the Holiday without assigning any reason whatsoever. In the event, the Company terminates the Contract, the Company may refund the amount of deposit to the client without payment of any interest after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of overseas suppliers, ticket voiding charge etc.
- To amend, alter, vary or withdraw any tour, holiday excursion or facility it has advertised or published or to substitute an independent Contractor of similar class, if it is deemed advisable or necessary. In either case, the Company shall not be liable for any demand, additional expense or consequential loss suffered by the clients or for any compensation claim.
15. TRAVEL DOCUMENTS AND CLEARANCES:
It shall be solely the Clients' responsibility to hold valid and genuine travel documents and statutory clearances, to be able to travel on the Holiday, such as passports, visas, confirmed air-tickets, insurance and medical insurance certificates and other statutory certificates including immigration clearance etc. In any case, your Passport must be valid for at least six months subsequent to the scheduled date of return of the Holiday. Please note that guest travelling to Malaysia should have a valid passport for at least nine months subsequent to the scheduled date of return of the holiday.
It is the responsibility of the Clients to furnish all documents required by the Company for application of visa etc. We are mere facilitators 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 liable or responsible 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. UK and USA visa will have to be obtained by the Client directly, however the Company can only assist in preparing and submitting the visa application based on documents provided by clients. Certain consulates / embassies may call the clients for personal interviews and / or biometrics,
As granting or rejecting visas and immigration clearance is the sole prerogative of the concerned sovereign governments and the Company is only a facilitator, the Operator shall neither be responsible in case of non-granting 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. The position in respect 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 Operator. Even if the visas are rejected, the stipulated fees of the Operator 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 fact, many a time, due to such cancellations, the company suffers losses because, sometimes, the cancellation is done at a time of holiday rush like Olympics etc. and the third party suppliers such as hotels, airlines and cruises levy 100% cancellation charges. 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.
The Company would not be responsible 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 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.
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.
16. HEALTH AND INSURANCE:
- It shall be the duty of the Client to inform the Company in case the Client has any medical condition that may affect his ability to enjoy and pursue fully the Holiday Arrangements and wherein the interest of the Group or any member thereof is prejudicially affected.
- The Company reserves the right to ask the Client to undergo medical test and to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed the Company will not be liable to provide any assistance or money back.
- The Company makes it a condition that the Client is adequately covered by Overseas Mediclaim Insurance Policy and other appropriate insurance policies from the Insurance Company identified and named by us to cover the risk of life, limb and property while on tour, as Cox & Kings (I). Ltd., will not be responsible for the same.
- It may be noted that the tour cost includes the insurance premium. However, persons above specified age or tour participants wanting to extend their stay abroad beyond the duration of the tour shall have to acquire the same at their cost.
- In case, if any adventure sports are included in the tour package, the clients shall avail of the same at their own risk having regard to their medical condition. The Company shall not be liable for any death, injury or other loss that may be occasioned due to participation of client in such an adventure sports.
17. FORFEITURE OF DEPOSITS:
The Company shall be within its rights to forfeit the non- refundable interest free deposit paid by the client to the company along with the prescribed booking form duly completed for the tour booked by the client. In the event the client cancels the booking or on failure on the part of the Client to adhere to the tour payment schedule as informed in the documentation check list or in the event the visa of any country is not granted or is unable to travel on the tour booked by the client due to any reason whatsoever, including medical ground or sickness, the non refundable interest free deposits shall stand forfeited, and the scale of cancellation set out in the "How To Book" section of the brochure shall be applicable and binding. The Client expressly agrees to the foregoing terms and conditions.
In the event of the Company exercising its rights to amend or alter any Tour or holiday advertised in their Brochure / itinerary after such Tour or Holiday has been booked, the Client shall have the right:
- To continue with the Tour or holiday as amended or altered;
- Or to accept any alternative Tour or holiday, which the company may offer.
- In either of these above cases the Client shall not be entitled to or the company shall not be liable to the client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund.
- In the event that the Company is unable to conduct a particular Tour, the Company may at its own discretion, refund the amount of the cost of the said Tour to the Client (after deducting the actual expenses incurred by us on the booking like visas, insurance premium, ticket voiding charges, and other overheads as applicable etc on a case to case basis) without any interest on the same. The Client will not be entitled to make any grievance thereafter in respect of the same. Refund, if any would be paid to the client as per the prevalent rate of exchange in Indian Rupees (INR) as per the RBI regulations at the time of making the refund.
- The Company shall, in no circumstances whatsoever be liable to the client or any person travelling with him for:
- Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any kind of theft howsoever caused;
- Any act, omission, default of any independent Contractor or other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the client or for any person traveling with him howsoever caused.
- The temporary or permanent loss of or damage to baggage or personal effects howsoever caused including willful negligence on the part of any person.
- Loss of baggage by the airlines / coach / cruise / train.
- Overbooking of seats / rooms by the airline / hotel.
- Failure on the part of airline to accommodate passengers despite having confirmed tickets or change of route.
- If in the event that the Client is booked on a particular airline and the said flight is over booked / cancelled for whatever reason and the Client is not allowed/able to board the flight, the Client shall not hold the company responsible for the same and no claim whatsoever can be made by the Client against the company for refund or compensation.
- Any overstay expenses due to delay or changes in bus / flights / ships / trains or cancellation of special bogie or other services due to sickness, weather conditions, war or any other cause whatsoever.
- The Company shall not be responsible and / or liable for any damages caused to the Client due to reasons beyond the control of the Company (Force Majeure / Vis Majeure).
- In any case, 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 for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.
If the Client, has any grievance in respect of any services provided by any of the Independent Contractors, the Client shall immediately inform the Company and the Independent Contractor, so that the Company can take up the matter with the Independent Contractor and the Company has the chance to rectify the problems then and there, if the grievance is genuine. If you fail to do this, any right to compensation or refund which you may have, will be extinguished or reduced.
In case of Client/s grievance concerning services of any independent contractor should be communicated on the emergency telephone number given to you immediately, followed by written communication mailed to the Registered Office of the company at Turner Morrison Building, 16 Bank Street, Fort, Mumbai - 400 001 / via facsimile no. 91 22 2270 91 61 or emailed at firstname.lastname@example.org as immediately as possible and a copy thereof should be marked to the independent contractor, whereby the Company has the chance to rectify any problems, if the grievance is genuine. Failure to do so will result in the client losing any right as to compensation or refund.
Any complaint by the Client 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.
20. 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 Consulates, Embassies, 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 under any law, rules or regulations, such disclosure becomes necessary.
The company reserves the right to publish photographs of clients taken during the tour.
As the services to be provided to the tour participants are booked several months in advance, cancellation of such services earmarked for a particular departure results in the Company losing money depending upon the time of cancellation to the Supplier. Therefore any cancellation of tour / services booked by a tour participant will attract cancellation charges as specified by the company. If the tour participant books a third party product or service, the Terms and Conditions and cancellation policy of such third party would be applicable in addition to the Company's Terms and Conditions. Any cancellation of tour / services has to be in writing clearly stating the reasons for cancellation. You expressly agree to the foregoing terms.
22. YOUR SUGGESTIONS:
If you have any tips, which you might want to share with us, do write in to us at this address: Customer Service Cell, Cox & Kings Ltd., Turner Morrison Building, 16 Bank Street, Fort, Mumbai - 400 001 or email to us at email@example.com
23. SPECIAL REQUEST:
Where special requests for room allocation, diet consideration, handicap assistance on tour / hotel / transportation / cruise etc. are made in writing at the time of booking, every effort will be made to try and deliver. However the Company will not be held liable for claims of damages or consequential loss if such requests are not honored. In case of persons with special needs, it is necessary that a qualified companion accompanies such a person. Regrettably, the Company cannot endow any aid for walking, dining, getting on and off from vehicles and for other personal needs etc. to such persons.
The communication directed at the address of the Client as disclosed in the 'Booking Form' shall be deemed to have been communicated to the Client. A Travel Agent through whom a Client books will act to relay information from Client to Company and vice versa. The Company shall not responsible for any error on part of such Travel Agent in this regard.
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, airlines, coach operators, etc. and the decision of the company on the quantum of refund shall be final. Even in case of tour for which the payment was made in foreign currency with or without part payment in Indian rupees, the said refund shall be made only in Indian rupees at the prevailing buying rate of exchange on the date of refund as per existing Rules & Regulations.
Refunds (if any) for amendments and / or cancellations will be paid directly to Clients by the company. In case of refund in foreign currency component, the said refund shall be made in Indian Rupees only at the prevailing buying rate on the date of refund as per existing statutes, rules and regulations. It would take at least 45 days to process such refunds.
In case of the Company exercising its discretionary rights to alter, amend or cancel any Tour or holiday advertised, the Client who has booked for such Tour can exercise the option:
- To continue with the Tour as altered or amended; or
- To accept any alternative Tour, which the Company may offer; or
- To unconditionally accept the return of the tour cost charges (after deduction of the actual expenses incurred by us on your booking like visa, insurance premium, ticket voiding charges, POE charges and other overheads as applicable from case to case) in full and final settlement and the company shall not be liable to pay the client, compensation, consequential loss, damages, additional expenses or interest charges over and above as is computed by the Company as per these 'Terms & Conditions'. The Client will not be entitled to make any grievance thereafter in respect of the same.
There shall be no refund if the Client does not or cannot utilise any service included in the Tour Cost or paid for like meals, rooms, entry tickets, excursions etc., nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.
26. CONDITIONS OF TRAVEL:
The Client will have to strictly follow the Tour Program and return to India as per the validity of the air ticket. There shall be no refund, if the client is not present at the commencement of the tour. It shall be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time. If a client along with his family is compelled to discontinue the tour due to any reason whatsoever including illness, death or loss of passport or any travel documents, no claim shall be entertained for refund of unutilized services. Even if a client is unable to reach the place of commencement of the tour due to any reason whatsoever including loss of baggage or loss of travel documents, his booking shall be treated as 'no show' on the tour and 100% cancellation charges will be levied.
Cox & Kings Limited, reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers and Cox & KingsLimited, shall be under no liability to any such person. 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.
Each of these conditions shall be severable from the other and if any provision be invalid, illegal or unenforceable, the remaining provisions shall nevertheless have full force and effect. No liability on the part of the Company arising in any way out of the Contract in respect of any tour, holiday, excursion facilities shall exceed the total amount paid or agreed to be paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.
It is a condition of Booking that you take out a Holiday Insurance.
The prices quoted in the price grid have been calculated at the rate prevailing at the time of printing of this brochure. The Company reserves the right to amend the prices published in this brochure in case of currency fluctuations, changes in the various gross rates of exchange, and / or fuel costs, special / high season charge levied by the suppliers, hike in the airline/rail charges etc. before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the departure by the Client. Refund, if any would be paid to the client as per the prevalent rate of exchange in Indian Rupees (INR) as per the RBI regulations at the time of making the refund.
If no suit / action is brought against the Company within three months of the last day of the FIT Tour, the Company shall be discharged from all liabilities under / or arising out of this Contract and the Client shall be deemed to have relinquished / abandoned all his rights under or arising from this Contract.
If you book with a travel agent and your booking with that agent includes, but is not limited to Cox & Kings arrangements, your contract is with your travel agent and Cox & Kings is simply a supplier to your travel agent.
In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time, unless a specific assurance to the contrary is published.
In the terms and conditions set out in this document, the following terms shall, unless contrary to the context, have the meaning specified.
28. LAW & 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] days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute may be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed in accordance therewith. 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 laws. 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.