ContractThe Booking Form constitutes the entire Agreement between Barganza Travel & Cargo Pvt. Ltd. (“Operator” which expression includes all other companies/entities in its group, its operators and agents only to the extent they may provide any service or part thereof) and the Customer (which expression shall mean the person/s in whose name and/or whose behalf the Booking is made and/or whose name is on the Booking from, the Travel Reservation Ticket (TRT)/Service Voucher/s)
a) To terminate the contract after acceptance of deposit but prior to the commencement of the tour without assigning any reason whatsoever. In such an event, operator shall refund the non – refundable deposit and/or Tour Cost as may be applicable. It is expressly agreed that the Customer shall not be entitled to any other amount whether by way of interest or otherwise and Customer agrees not to make any claim therefore.
b) To alter, amend, change, modify, vary or withdraw any tour package, itineraries, tour schedule, travel plan, tour arrangements and sightseeing, holiday, excursion or facility it has advertised or published at any time whether before or after registration or before or after the departure of the tour or to substitute an independent Contractor of similar class if it is deemed advisable or necessary. In such events Operator shall not be liable for any additional expense or consequential loss suffered by the Customer for any claim on any account whatsoever.
vi) In the event of the Operator exercising its right to amend or alter any Tour or holiday advertised in its Brochure/Itinerary even after such Tour or holiday has been booked, the Customer shall have the right:
a) To continue with the Tour as amended or altered, or
b) To accept any alterative Tour or holiday which Operator may offer, or
c) To unconditionally accept the return of the tour cost charges in full and final settlement.
vii) In any of the above cases, the Customer shall not be entitled to, nor shall the Operator not be liable to the Customer for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund. The Customer will not be entitled to make any grievance thereafter in respect of the same.
viii) In case the Customer travels on an amended tour the legal relation between the parties shall not change only by virtue of the amendment. The Customer opting to continue with the tour arrangements as altered or amended shall pay additional charges if any levied by the Operator.
ix) These conditions are applicable to every Customer of the Operator who books a Brochure Tour or any Special Tour or travel arrangement. In the event of a Customer booking through Operator, a Tour or Tour Arrangement of any other Independent Contractor like Carnival, Cosmos, Star Cruise etc. the “Booking Terms and Conditions” specified by such Tour Operator including their payment schedule, cancellation, refund etc. shall be applicable in addition to these “Booking Terms and Conditions” while determining the independent Contractor and operator.
x) Each of these conditions shall be severable from the other and if any remaining provisions shall nevertheless have full force and effect. No liability on the part of the Operator 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 con sequential loss or additional expense whatsoever
xi) All Tours/services/arrangements will be subject to and operated/ provided in accordance with applicable laws, rules, regulations and guidelines including of the Government of India/Reserve Bank of India.
i) Brochures are printed several months in advance and the brochure’s description of services is as accurate as possible. However, Operator does not own any hotels, airlines, restaurants, cruises or coaches. There may be changes in the services/itinerary including for reasons of Force Majeure / Vis Major.
ii) In case the alternate arrangements made are materially superior as compared to the ones described in the Brochure, Operator reserves the right to change extra for the same any time.
iii) The prices quoted in the brochure have been calculated at the rate prevailing at the time of printing of this brochure. Operator 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 changes before the date of departure and to surcharge accordingly. The Customer must pay for all such increases in price in full before the departure.
iv) No person including the Employee/s and Agents of the Operator other than the Operator, in writing has the authority to vary, add amplify or waive any stipulation, representation, term or condition set forth herein or the Brochure.
v) Customer accepts that the Services detailed in the Brochure are as are normally available, especially at the time the Brochure is printed, and which Operator shall endeavour to provide subject to Operator’s right to alter, amend, change, modify, change, modify, vary or withdraw the same.
vi) In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to with draw such a scheme or discount at any time unless a specific assurance to the contrary is published.
vii) Operators shall not be responsible for or bound by any printing, typographical error other such errors in the Brochure.
Operator undertakes to arrange for the Customer, through carriers, hotels and other providers of services, only the services detailed in the accompanying brochure.
The Customer has been supplied with details for the Tour arrangements and the Tour Brochure/Itinerary for the relevant year and season. The Customer shall read the same as well as the Booking Terms and Conditions and Tour Check List carefully before filling and signing the Booking from. The Booking Terms and Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties, on the Customer signing the Booking Form and making payment towards the prescribed non-refundable interest free deposit amount. In case of one or more but not all Customer signing the Booking Form it shall be deemed that the others have duly authorized the concerning signing Customer/s.
The signing of the Booking Form by the Customer shall mean acceptance in totality of the Booking Terms and Conditions contained herein by the Customer/s.
i) Customer shall be solely responsible for obtaining his passport and ensuring that the passport is valid for minimum nine months from the date of commencement.
ii) Customer shall be solely responsible for obtaining all requisite visas and ensuring that the visas are valid for the frequency/period as may be necessary for purposes of the Tour. It is the responsibility of the Customer to furnish all documents required by the Operator for application of visa etc. UK, USA and any other visa which require the personal presence of the passenger will have to be obtained by customer directly
iii) Customer shall be solely responsible for obtaining all requisite permissions, statutory clearances, Income Tax clearances, certificates and approvals, e.g., from the POE (Emigration) or related to health, insurance and shall complete all other travel formalities as may be necessary.
iv) Customer may seek assistance of Operator for purposes of the above mentioned documents/formalities against payment of Operator’s fee therefore. Operator may arrange an independent agency to provide such assistance to Customer and operator shall not in any manner be responsible for or liable for any act or omission of such agency.
v) Customer agrees that operator shall not be responsible for nor liable for any error, delay, denial or other related act/omission by any Government authority, etc. or for any loss expense damage or cost resulting there from, credit or waiver, whether on account of travel related documents or otherwise, in the event Customer and/ or any member of his party is unable to travel due to the said reasons.
Health and Insurance
i) It shall be duty of the Customer to inform the Operator in case the Customer has any medical condition that may affect his ability to enjoy and pursue fully the Tour arrangements and wherein the interest of the Group or any member thereof is prejudicially affected.
ii) The Operator reserves the right to ask Customer to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed the Operator will not be liable to provide any assistance or money back.
iii) The Operator makes it a mandatory condition that the Customer is adequately covered by Overseas Medical Insurance policy and other appropriate Insurance Policies to cover the risk of life, limb and property while on tour, as the Operator will not be responsible for the same.
iv) It may be noted that the tour cost does not include the insurance premium and that the Customer shall have to acquire the same at his cost.
i) The operation of tour specified in the Brochure are subject to minimum participation of paying participants, if the participation is below the minimum prescribed, the Operator reserves the right to amend, amalgamate, alter, very or cancel a Tour without incurring any liability to pay any compensation.
ii) In the alterative, Operator may, at its sole discretion decide to operate the tour with participation below the minimum stipulated participants, or if the participants are required to travel as ‘Individual Travellers’ the Operator may, at its sole discretion, apportion the extra cost amongst the remaining Customers. Persons traveling as individual travellers in such cases will not be provided certain services including that of tour managers and the Customers may travel with the same itinerary with some amendments, such as Seat in Coach, airport transfers which are at fixed times etc. In the event of such apportionment, it a customer does not desire to participate in the Tour, he may cancel his Registration and receive full refund of the Tour Cost provided such cancellation is received by Operator no later than 48 hours after intimation of the extra cost.
i) Reservation on the Tour shall be accepted by Operator only upon receipt of the Booking Form duty signed along with a non-refundable interest free deposit as mentioned in succeeding paras which is adjustable against the Tour cost. It is expressly stated that these amounts may vary from time to time after booking.
ii) The Tour Cost, as detailed in the Brochure and as may be revised, if necessary, shall be paid by Customer as follows : Non-refundable interest free deposit: At the time of booking Balance payment to words the : Thirty days prior to Tour Cost : departure of tour.
iii) If the Customer/s wishes to travel in advance, i.e. before the proposed departure date and or return after the tour ends, the Customer/s will have to pay such extra charges as may be applicable with the minimum charge of at least Re 2,000/- as Reservation fees per person, per sector, per change (subject to seats available in the same class of travel and ticket validity) In case the dates requested by the Customer/s are not available, the Company will provide alternate dates accordingly, subject to seat availability.
iv) All payments towards the tour cost must be made by the client to Barganza Travel & Cargo Pvt. Ltd. in accordance with the procedure and time frame mentioned below.
v) All payments made within 10 days prior to the tour departure date will have to be paid by online transfer / cash / Demand Draft only.
vi) Payments made towards the foreign exchange component of the tour will be calculated as per the rate of exchange of the day of payment. vii) Asia, Cruise Included Packages, Middle East and Islands
Timeline for Minimum Per Person Payment to be made by the Client
At the time of booking – Interest free non-refundable deposit
INR 10,000 per person*
By 25 days from date of departure of the Tour
50% of total tour cost
By 15 days from date of departure of the Tour
100% of the total tour cost
. * In case of cruises, 100% of the cruise cost to be paid at the time of booking & will be forfeited in case of any cancellations, irrespective of time of cancellation..
When a Cancellation is made
Cancellation Charges per person
From booking date up to 25 days from date of departure of the Tour