103, First Floor, Niche Façade, new airport road, Viman Nagar, Pune-411014
AVD Holidays – Terms & Conditions
Dear Customer, We make every effort to provide you with the best services in a pleasant and friendly atmosphere at all times. We strive for your complete satisfaction to provide a safe, secure and enjoyable journey without any misunderstandings between the tour escorts, the Company and you at any time. The ‘Terms and Conditions’ given below, as also displayed on our website – www.avddrives.in, the tour registration form and any other printed material and brochures form the basis of our contract with you. You are required to read, understand properly and accept all the terms and conditions, before you register yourself/ family/ friend for any of our tour(s). Definitions – “Passenger/ Traveller/ Tourist/ You/ Guest/ Client” means the person/ persons in whose name/ on whose behalf booking or registration is made. “Company/ We/ Us” means AVD Holidays (A unit of AVD Drives Pvt. Ltd.) “Brochure” means tentative products for sale. Both these terms can be used interchangeably. “Independent contractor” means any hotelier/ hotel owner, owner of any airlines or shipping Company or Bus supplier or Railway or Ferry Boat/ Cruise/ Coach owner/ operator or any other person or organization who has been selected by the Company to render services to the Passenger (s) and who has agreed to render services to the Company. “Tour Escort/ Leader/ Manager” means person (s) who assist/ guides tourists on tour/trips or guide with information about tourist attractions. Unless the context otherwise requires words, importing the masculine gender, shall also include feminine gender and vice versa, and the use of the singular shall include plural and vice versa.
Guest’s signature on the booking form or payment of the registration/ booking amount whichever earlier shall mean acceptance in totality of the ‘Terms and Conditions’ contained herein by the guest (s). In case of one or more, but not all guest (s) signing the ‘Booking Form’, it shall be deemed that the others have duly authorized the concerned signing passenger/ s and everybody shall be deemed to have been bound by the Terms and Conditions mentioned herein. There is no contract between the Company and the guest (s) until the Company has received the initial registration/ booking amount. The initial deposit just ensures a seat or participation on the tour but does not entitle any of the services such as air tickets, visas, hotel accommodations, until the full tour payment has been received by the Company. The full payment must be received in accordance with the procedures laid down by the Company. If full payment is not paid in time, the Company reserves the right to cancel the booking with subsequent loss of deposit and apply the cancellation charges as mentioned herein. Jurisdiction: All disputes pertaining to the tour and travel, travel related services conducted by the Company and any claim arising there-under shall be referred to and decided by the Court of competent jurisdiction at Pune only. Scope of Activity: We are basically travel and holiday organizers only. We do not own or operate any airline or any other mode of transport like shipping, railway, motor, buses, coaches, etc. or any hotel or restaurant, other facility or services mentioned in this brochure. We only select but do not have any control in running them. We take utmost care in selecting all the ingredients for making your holiday a comfortable one. Thus, we are not liable and responsible for any injury, loss, personal harm, death or damage that may be caused to any person or property which may be caused by the act or default of the management or employees of any independent contractor and arising outside our normal selection and inspection process. It is imperative that all the passengers who book with us with an intention of touring with us, shall abide by and strictly comply and observe all the terms and conditions lay down herein.
1. Brochure Accuracy: This brochure along with tour tariff is published in Sep 2016. All previous brochures, letters and any other modes of circulation shall stand cancelled with immediate effect. Every effort is made to ensure brochure accuracy during publication, based on the available information at the time of publication of the brochure. Yet errors and omissions may creep in. The maps used in any brochure are inserted solely for convenience and are not to scale. The distances, temperatures and pre/ post tour accommodation prices given in the brochure are approximate and subject to change. Photographs of meals and sightseeing printed in this broacher are for reference only and may differ from the actual meals served/sights. We reserve the right to change any brochure information before or after a tour is booked, due to occurrence of any events beyond our control. Tour itinerary, tour price, departure date and hotels are subject to change. If we are aware of these changes sufficiently beforehand, we will inform you in advance. Otherwise, our tour escort or local representative will inform you of the changes on tour.
2. Hotels/ Rooms: We have taken care to select hotels, which are comfortable for you. Most of the rooms have a private bath or shower and they shall be located in the centre of the city or away from the center of the city. Air-conditioning, central heating and other facilities are solely at the hotelier’s discretion, expending upon factors such as weather conditions, local systems, tour type, etc. Accommodation is generally provided on Twin sharing bases. Triple rooms are not larger than twin rooms and the third bed is often a roll-away mattress put in a twin-bedded room. For all tours, accommodations in the hotels are made in standard rooms only (as per the tour itinerary). Guests will have to abide by the check-in and check-out time of the respective hotels. For Indian tours, the check-in time is 12 noon and check-out time is 10 a.m. For International tours, the check-in time for the hotels is 3 p.m. and check-out time for the hotel is at 12 noon. Early arrivals and late departures should be adjusted by the guests themselves as per the respective check-in and check-out timings for which additional cost may be applicable. The Company advises guests to carry valuable items with them while leaving the hotel for site seeing or outing. In case of any loss, the Company does not hold any liability or responsibility for the same. Laundry, telephone, mini bar, alcohol, beverages and food not on the menu, optional excursions, excess baggage fees, shopping, paid toilet, are all items of a personal nature. These additional services, if availed by the guest, will be charged separately to the guest and shall be paid in full by the guest before leaving the hotel, ship/cruise or restaurant by the concerned authority. The Company shall not bear any liability towards the same.
3. Coach/ Bus/ Vehicle: Seat nos. 1, 2, 3, 4 in each bus/ coach are reserved for the Tour Escort/ Guide/ Senior Citizens. There is a strict “no smoking”, “no alcohol” and “no eating” policy in the buses. If passengers are carrying any valuable items during the tour, Company advises the guests to carry the said valuable items with them when they leave the bus/ coach. All baggage and personal items are at all times and in all circumstances the responsibility of the Guests. The Company shall not be in any manner responsible or liable in case of loss of any items or baggage left in the said bus/ coach. Baggage insurance is recommended. Any damages caused by the Guests to the bus/ coach during the travel shall be reimbursed by the Guests to the bus/ coach owner/ operator and the Company will not be liable for the same. We hire air-conditioned/air-cooled, Non-AC coaches. The size of the coaches/ buses depends on the strength of the tour, accordingly seating capacity of the coaches/ bus vary, for smaller groups we use smaller vehicles similar to Tempo Travelers/ Combo and Large coaches for large groups. For some sightseeing we hire jeeps or taxies. On International tours some coaches may be equipped with an emergency wash room; however this facility is not to be used in lieu of the rest rooms at our frequent comfort stops. In case, Guests wishes to use this facility, he needs to pay tips to the driver directly. Premium Seats: For selected Domestic & International tours, seat number 3, 4, 5 and 6 are reserved as premium seats and can be booked by the guests at an additional cost. Premium seats cannot be availed if the tour is full.
4. Itinerary Changes and Unavailability of Sights: We may often operate more than one coach per departure date. For the comfort and convenience of the guests or sometimes circumstances beyond the control of AVD and, we may change the direction, or slightly amend the itinerary, including the flight/ train/ coach routing. The said changes shall be intimated to you, prior to the start of the tour or on tour. In the event that a passenger/ joining passenger misses out on any part of the sightseeing tour or any such tour due to delay on his part, he will not be entitled to claim refund for the same. During local or national holidays certain facilities such as museums and restaurants, sightseeing tours and shopping may be limited or not available for which there shall be no complaints and/or claiming of refunds. All itineraries are well planned. Airline Companies change their flight schedule due to varying economic conditions, political situations and demand. Such changes in the airline schedules may directly/indirectly create an impact on our tour itineraries, accordingly the Company reserves right to change its schedule due to such circumstances beyond its control. Such changes shall also cause variation by way of alterations/ additions in the tour program. City tour includes panoramic view of sightseeing places as mentioned in tour program. Unless specially mentioned from inside, it stands as panoramic view or photo stop.
5. Meals: There is a pre-set menu for meals as per the tour program. Packed meals would be served at some places. The types of meals are clearly indicated in the brochure. B – Breakfast, L – Lunch, D – Dinner and P – Packed. Unlike an airline, we cannot process a special meal, nor can we guarantee a special diet for any particular guest, except to the extent mentioned in the brochure and preferred by you. We, however, reserve the right to \ change the meal arrangements if circumstances make it necessary for us to do so. In the event of the guest missing any meal due to any reason, no claim can be made by the guest thereafter, for the meal he/she has missed and not utilized.
6. Payments: The registration amount paid at the time of booking is a non-refundable and interest free amount. All the payments shall be paid in accordance with the procedure laid down by the company. If guests fail to pay the final payment as per the instructions, we reserve the right to cancel the reservation. In case of billing errors, we reserve the right to re-invoice with correct pricing. In case of dishonoured cheques, passengers will have to pay bank charges for every such dishonour. A cheque dishonoured is an offence under the Negotiable Instruments Act 1881 and the Company reserves its right to take necessary legal action as may be advised. The bookings will be processed only after the registration amount is paid in full. Payment to be made in favour of AVD Drives Pvt. Ltd.
7. Tour Price: The price quoted in our proposal or brochure has been calculated as per the rates prevailing at the time of printing of such proposal or brochure. The Company reserves the right to amend/ alter the price published in such proposal or brochure in case of supplier rate fluctuations, currency fluctuations due to changes in the various 3 cross rates of exchange, changes in various taxes, visa fees and/or fuel costs, before the date of departure. Any such increase in price must be paid for in full before tour departure by the guest. In such exceptional cases any increase in price during the tour must be paid in full by the guest during tour. Indian tour price does not include rail/air fares. All tour prices are exclusive of service tax, any other government taxes applicable from time to time.
8. Deviations: If any guest wishes to deviate from the tour itinerary, the changes will be made subject to availability. For such deviation, the guest has to pay the additional supplementary cost in full before the tour departure, which may affect the guest’s tour price.
9. Tour Price other than Ex – Mumbai (International Tours): Tour price is based on departure from Mumbai, India, unless specifically mentioned. Passengers boarding flights from other places will have to pay the entire airfare difference and bear any additional expenses such as airport transfers, hotel stay etc. on their own. Guests who join the tour directly must possess airline tickets (including internal travel) and visas as per itinerary & insurance for Europe, USA, Egypt and Dubai tours and must submit a copy of their air tickets and visa to our office before departure.
10. Visa (International Tours): All passengers traveling on International tours must be in possession of a valid visa. It is at the sole discretion of the Consulate/Authorities to ask for original documents/ to call for a personal interview of the passengers at any time. It is however at the discretion of the guest to attend to the personal interview, and AVD shall not incur any expenditure in case of guests visiting the consulate for personal interview. Since, that the granting or rejecting visa is the sole prerogative of the concerned Consulate/ Authorities even after submitting all relevant documents or attending personal interview the Company will not be held liable or responsible for the same. In case the Visa application is rejected by the concerned embassy/ consulate or authorities, due to incomplete/ delayed documents furnished by the passengers or due to any other reason whatsoever, or there are errors in the date of visa granted or scanned photographs on the visa, the Company shall not be liable or responsible for the same. All costs and charges in respect of the said application for the visa, shall be borne by the passenger only and same will be intimated by Company. Any fines, penalties or any such payments arising due to not meeting with the requirements of any airport or government authority in respect of Passport or Visa documents, then it will be sole responsibility of Guest.
11. Travel Documents: It shall be solely the responsibility of the guest to hold valid travel documents and statutory clearances, such as passports, visas, confirmed air/rail tickets, insurance and medical insurance certificates, any other document used to confirm an arrangement with service provider and other statutory certificates, to enable him/ her to travel on tour. All travel documents are non transferable. All airline tickets must be issued in the name of the passport/ photo identity holder, some carrier may deny carriage if the name varies and the booking may be cancelled. Your passport must be valid for at least six months subsequent to the scheduled departure date of the tour with sufficient number of blank pages for visa purpose. It is the guest (s) responsibility to collect in time, their necessary travel documents or other documents from the booking office, which makes them eligible to travel on tour. For travel in India guests are required to carry any of the mentioned identity proof. Ie. Driving License / Aadhar Card/ PAN Card or Election Card.
12. Health and Insurance: It is advisable & highly recommended to acquire adequate Domestic & Overseas Travel Insurance cover for protection from any expenses such as medical, legal, hospitalization, accident etc. For most of the European countries, it is mandatory to obtain an Overseas Travel Insurance policy for the tour. Insurance claim is at the sole discretion of the Insurance Company. The insurance charges will be paid over & above the tour cost. It shall be duty of the guest to make full disclosure to the Insurance Company, as to whether the guest has any such medical condition that may affect his ability to enjoy and pursue fully the tour arrangements & wherein the interest of the group or any member thereof is prejudicially affected. The Company reserves its right to call for any written certification of his medical fitness before departure. In the event of a medical condition has not been disclosed, the Company will not be able to provide any assistance or money back and no further claims in this regard will be entertained. Guest should not hold AVD Drives Pvt. Ltd.( AVD Holidays) liable/ responsible for any reason whatsoever it may be, for settlement of claims. Note that claims, if any, will have to be directly forwarded to the respective insurance company by the guest and also documentation and follow-up regarding claims, settlement will have to be done by the guest themselves.
13. Transfer of Tour: A transfer from the originally booked tour to another tour will be treated as cancellation of earlier tour and a fresh booking of another tour will have to be made. Transfer is applicable within Domestic/International tours only. All cancellation charges stated in the Brochure will apply. Cancellation charges will be charged as per actual tour cost & not on a discounted tour price. Tour price and discounts existing on the date of fresh booking will be applicable.
14. Minimum group size requirements: In case the number of guests falls below the stipulated number and the Company decides to operate the tour with available participation or if the passenger (s) are required to travel as ‘Individual Travelers’, the Company reserves the right to collect additional amount from the guests. Passenger (s) traveling as individual travellers in such cases will not be provided certain services including that of tour escorts, group activities, meals and the passenger (s) may travel with some amendments, such as seat in coach (SIC), airport transfers which are at fixed times, etc.
15. Single Traveller: Guest traveling alone must pay single supplement charges if a suitable partner for double/ triple sharing is not available or the earlier partner cancels the tour before the tour departure. Single person not willing to pay single occupancy charges will have to share a room with two or three co-passengers, subject to availability and rules of that respective hotel or else has to wait till the willing person books the tour.
16. Discounts/ Benefits: The Company reserves the right to amend, alter, vary or withdraw any of the discounts/ benefits without prior intimation. The discount/ benefit are valid for limited number of seats and limited period for limited dates only. The discounts/ benefits given to the guests will be at the sole discretion of the Company and may vary from guest to guest and for bookings done on different dates for the same tour. To avail of any discounts/ benefits, guests must pay the full registration amount at the time of booking itself.
17. Cancellation: All bookings for airlines/ hotel accommodation/ ground transportation are blocked well in advance. We are liable to pay penalties to all our suppliers/ vendors if these services are not released within the mentioned time frame. If the guests wish to cancel the tour due to any reason, they shall make an application in writing to that effect within specified time limit along with the original receipt issued by the Company. Such cancellation will attract the cancellation charges given below.
Cancellation charges are applicable on total tour price excluding the discounts, Rail fare, Air fare & Visa fees. 1. The Company reserves the right to cancel any tour prior to its departure without assigning any reason. 2. In case of cancellation of tour by Company, full refund of tour cost will be extended & the company shall not be liable to pay any compensations, interest or damages to you. 3. Cancellation charges for any Rail ticket/ Air reservation is applicable as per the rules of railways/ airlines. Air ticket cancellation charges for special fares if paid by the guest are NON-REFUNDABLE. Any refund payable will be returned to the guests after receipt of the refund from respective airlines/railways after deducting the processing charges. 4. The tour may be pre-poned/ post-poned by the company in certain circumstances which are beyond its control like earthquake, epidemic or any other natural calamity, political disturbance, security problems etc., and guest agrees to co-operate with the company’s decision and make necessary suitable adjustments. In such case if the guest wishes to cancel the tour, Company will deduct minimum INR 10,000 for International tours and INR 5000 for Domestic tours per head minimum or actual amount received, whichever is higher, as processing fees to meet the partial loss suffered and rest of the balance amount paid by the guests will be carried forward to their account. Such guest shall be entitled to attend any tour within a year conducted by the Company from the date of departure of such tour and utilize the amount credited to their account. In such case guest has to pay the surplus amount of the tour price which they have selected if it is more than the balance amount carried forward to their account. 5. In case the number of guests falls below the stipulated number and the passenger (s) are required to travel as ‘Individual Travelers’, in such case if the guest wishes to cancel the tour, full refund of tour cost will be extended & the company shall not be liable to pay any compensations, interest or damages to you including refunds against to & fro journey. 6. If the passenger needs to cancel a tour due to rejection of visa or rejection of entry into the country, the cancellation charges of the Company will be applicable and shall be payable by the passenger. There will be no refund if the passenger, or any member of his party, is unable to travel due to the said reasons. 7. In case of cancellation due to major mishaps like Death in Family/Accident, Credit note will be issued against deposited amount, which can be utilized within 1 year from the date of booking. In such cases, guests are required to furnish Death/Medical Certificate. 8. In case of services provided by State Government, private resort, independent contractor services where full deposit is required to be paid in advance to enable us to confirm the reservation, no refund will be given if services are amended, cancelled or not utilized. Cancellation fees will also apply as per their cancellation charges to any additional services including accommodations, independent contractor services and optional excursions reserved prior to, during and after the tour. 18. Refund: Refunds if any, for amendments and/ or cancellations will be paid directly to the guests strictly by ‘A/ C payee’ cheque, in Indian Rupees at the prevailing rate of exchange within 45 days, as per Reserve Bank of India Rules and Regulations, irrespective of whether the tour payments were in part or whole in foreign currency. No refund will be payable, for any unused portion of the tour, due to whatsoever reason. No refund will be made in cash.
19. Medically Unfit Traveller: If any guest is suffering from any serious kind of a medical ailment, which may be a concern to some or all co-passengers traveling on a group tour, then the company reserve full right to restrict that particular guest from traveling on group tour with AVD Holidays, unless specifically permitted by certified Doctor, vide medical certificate provided by the respective guest to the company. In case of non discloser of his/ her medically unfit status, then for the hygienic conditions the passenger shall have to travel by a separate transport at an additional cost to be paid immediately on tour solely by the guest.
20. Travelers needing special assistance: The Company will make reasonable attempt to accommodate the special needs of disabled travellers/ senior citizen’s if informed at the time of booking, but the Company shall not be held responsible in the event of it being unable to do so, nor shall be responsible in case of any denial of services by carriers, hotels, restaurants, or other independent suppliers. Most transportation services are not equipped with wheel chair ramps. We regret that we cannot provide individual assistance to a passenger(s) for walking, dining, getting on and off motor coaches and other transportation vehicles, or other personal needs. A qualified companion must accompany travellers who need such assistance.
21. The Company reserves the right at any time and for any reason: 1. To cancel the application of any of the prospective guest without assigning any reason after acceptance of the deposit, but prior to commencement of the tour. In the event of the Company terminating the contract, the Company may refund the deposit without payment of any interest; 2. To amend, alter, vary or withdraw any tour, holiday, excursion, flight routing or facility it has advertised or published or, to substitute a hotel or air/ rail/ bus journey or independent contractor of similar class for reasons which may be deemed fit and proper by the Company. 3. To amend, alter, vary or withdraw the discounts/ benefits or the priority booking of bus seats given, if the minimum registration amount is not paid at the time of booking or if cheque is dishonoured. 4. To vary, add, amplify or waive any stipulation, representation, term or condition set forth in this Brochure other than any person including the Employee / s and the Agent / s of the Company, having authority in writing.
22. To Hold Company Harmless and Indemnity: The Company shall in no circumstances whatsoever is liable to the guest or any other person traveling, for any loss or expense incurred due to: 1. Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any damage to baggage or personal effects howsoever caused; 2. The coach drivers, mostly on international routes, are bound by specific Rules. Any sightseeing missed due to delay caused by any passenger shall be non-refundable. 3. Train/flight delays, rescheduling/ cancellation of train/flights, inter-connection occurring due to airline problem and/ or any change in train/ flight schedule or meals not being served; AVD Holidays is also not responsible for any alternate arrangements and the guest has no right to claim any loss or consequences arising due to the same. 4. Any overstay expenses due to delay or changes in air, bus, ship, train or cancellation of special bogie or other services due to sickness, weather conditions, strike, war, quarantine, or any other cause whatsoever. 5. Sightseeing missed and/ or the program being curtailed after commencement of the tour and/ or before the due period due to any unavoidable circumstances and any reason beyond our control such as political, natural calamity, monument under renovation, heavy rush at sightseeing places, road traffic congestion etc. 6. All the loss or expenses will have to be borne by the guest arising in any way out of this contract in respect of any tour; holiday, excursion facility which exceeds the total amount paid or agreed to be paid for the tour, and shall in no case include any consequential loss or additional expense whatsoever. If in the event of the guest(s) is booked on a particular train/ airline on a particular date and due to certain reasons beyond the control of the Company the guest (s) is not allowed to board the train/flight, the guest (s) shall not hold the Company responsible for the same and no claim whatsoever can be made by the tour participant against the Company. The Company shall not be responsible and/ or liable for any damage or loss caused to the guest (s) due to reasons beyond the control of the Company. The Company is not liable for any loss due to negligence or technical fault or any other reason whatsoever due to change amendment or cancellation by Airline/Railway Authority. 7. The Company shall not be responsible for any loss of baggage by the airline or by independent contractor or their agents, hotel staff, bus/ coach or while traveling etc. 8. The company shall not be responsible if any guest’s baggage, cash, jewellery or any other valuable (s) is lost due to theft or by any other reason whatsoever during the tour. Entire responsibility of taking care of their valuables shall lie on the guest (s).
23. Binding on passengers: 1. In the event of the Company exercising its rights to amend or alter any of the services as mentioned in the itinerary, after such a tour or holiday has been booked, the guest (s) agrees to co-operate with the company’s decision and shall accept the amendments/ alternations or accept any alternative tour or holiday, which the Company may offer. 2. In an event of cancellation, cancellation charges shall apply as per the terms and conditions mentioned herein. In either case, the guest shall not be held entitled to, or the Company shall not be liable for any damages, additional expenses or any consequential losses suffered by him or to pay any amount as refund.
24. Liability: 1. The liability of the Company is restricted only to the making reservation in accordance with the guest (s) requirements. The liability of the Company will cease on the issue of a ticket, reservation and travel document to the guest. 2. Company is not liable for any loss of person or property caused or damaged or suffered by the guest on account of deficiency in services by any independent contractor. 3. Any gesture of courtesy extended by the Company to the passenger to minimize such loss or damage will not constitute on admission of such liability or a waiver.
25. Complaints or Grievances: If any guest has any complaint in respect of services provided by any of the independent contractors, the guest shall immediately notify the same to the independent contractor in writing, and acknowledged copy thereof shall be handed over to the tour escort, to enable the Company to take up the matter with the independent contractor. Any claim or complaint by the guest must be notified to the Company in writing within 7 days after the tour completion date. No claim notified to the Company beyond this period will be entertained and the Company shall incur no liability in respect thereof. It is hereby declared that the amenities provided under the contract shall be available to the Company’s managers including tour escorts, employees, servants and agents but not to the independent contractors selected by Company. The Company reserves an unconditional right to refuse a booking/ terminate a guest on tour in event of an indecent behaviour at any time. AVD Drives Pvt. Ltd.(AVD Holidays) will not be responsible if any celebrity does not turn up on the tour due to the reasons beyond the control of the company.
26. Privacy of Information: We treat all information furnished by you as confidential and will share only the necessary information with airline, hotels & service providers who will provide services to you on tour. However, we may be constrained to disclose the information furnished by you, if such disclosure is required by law or by an order by court or the rules, regulations & enquiry by any govt. /statutory agency having regulatory authority over the Company. Each of these conditions shall be severable from other and if any provision is declared invalid, illegal or unenforceable, then remaining provisions nevertheless shall have full force & effect. The Company solely reserves the right to publish the guests’ photograph or group photograph taken during the tour. | |||||||||||||
Company’s Authorised Signatory Customer’s Signature