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Authentic India Tours Terms & Conditions

These terms and conditions (“T&Cs”) form the basis of your contract with South India Tours and Travel Limited (a company incorporated in England and Wales under registered number 10,845,229), trading as Authentic India Tours. In these T&Cs “you”, “your” etc. refer to all persons named on the booking form (including anyone who is added or substituted at a later date). “We”, “us”, “our” etc. refer to Authentic India Tours.

1. Making the booking

To make a booking, you must complete our booking form. Bookings must be made in English.

The person completing the form (“Lead Passenger”) must have authority to make the booking on behalf of all persons named in the booking and of their parent or guardian for any party member who is under 18 when the booking is made. The Lead Passenger must be over 18 and a member of the travelling party. The Lead Passenger will be responsible for paying all sums due to us under these T&Cs.

The completed booking form must be sent to us along with the payment referred to in section 4 below.

2. Confirmation

After receiving your booking form, we will check whether your chosen arrangements are available. If they are not, we will contact you to offer a suitable alternative. If you are not happy with any alternative we offer, we will return the payment you sent us with the booking form and no booking will arise.

If your chosen arrangements (or a suitable alternative acceptable to you) are available, we will accept your payment and issue you with a confirmation notice. Our issuing of the confirmation notice brings into existence the contract incorporating these T&Cs between the Lead Passenger, acting on behalf of all passengers in the party, and ourselves.

3. Confirmation notice

The confirmation notice will contain the names of all the passengers (which must be correctly spelt and identical to the full names in the passports), the dates and time of travel, departure and arrival points and other relevant information. Under these T&Cs you are responsible for checking that the information contained in the confirmation notice is correct and consistent with what you have booked. If it is not, you must notify us of any discrepancy within 48 hours of your receipt of the confirmation notice. If you do not follow this procedure, we will not have the opportunity of correcting any discrepancy as soon as possible and, therefore, any consequential loss attributable to the discrepancy will be your responsibility and not ours.

4. Payment

A non-refundable deposit of £250 per passenger or, if greater, 20% of the cost of the trip must be paid at the time of the booking. The balance of the cost of the trip must be paid at least 10 weeks prior to the commencement of your trip. The relevant date for payment of the balance will be shown in the confirmation notice. If the balance is not paid on time, we shall cancel your trip and retain your deposit.

If you are booking within 10 weeks of the commencement of your trip, full payment for your trip must be made at the time of booking.

We may require you to pay a higher deposit of up to 100% of the cost of the trip if there is a special component to your trip (e.g. train journey, stay at wildlife lodge) or your trip is at peak season (e.g. over Christmas and New Year). We will notify you of the requirement for an additional deposit at the time of booking or as soon as we are made aware of the requirement by our supplier.

5. Cost of your trip

The prices shown on our website (www.authenticindiatours.com) were calculated as at 1st January 2019 based on the costs we knew about and the exchange rates prevailing at that time. We reserve the right to change the prices shown on our website; these changes will be notified to you by us before your booking is accepted, so that you will have the opportunity not to go ahead with the booking at the revised prices.

6. Refunds / surcharges

If, after your booking is accepted, the costs of providing your trip change by more than 2% of the total cost of your trip (as invoiced by ourselves), we will pay you a refund equivalent to the decrease if the costs have fallen and you will pay us a surcharge equivalent to the increase if they have risen.  However, any change in the costs in the 30 days prior to commencement of your trip will be disregarded in calculating any refund or surcharge. The invoice raised by us for a surcharge must be paid by you within 10 days of receipt. Any refund due to you will be paid by us no later than 14 days prior to the commencement of your trip.

If the costs have risen so that you are facing a surcharge of more than 10% of the cost of your trip, you will have the option of cancelling your booking and receiving a full refund of all monies paid to us, except for any irrecoverable deposits previously paid by us to a supplier in respect of your trip.  To exercise this option, you must notify us in writing within 7 days of the receipt by you of the surcharge invoice from ourselves.

7. If you change your booking

If, after our confirmation notice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the Lead Passenger. You will be asked to pay an administration charge of £25 per person and any further cost we incur in making this alteration.  This may include any irrecoverable deposit previously paid by us to a supplier in respect of a trip component not utilised as a result of the alteration.

8. If you cancel your trip

You, or any member of your party, may cancel your travel arrangements at any time. Cancellation will take effect only on receipt by ourselves of written notification from the Lead Passenger of your cancellation. Since we incur costs in cancelling your travel arrangements, we will levy the following charges by reference to the date when we receive your written cancellation relative to the date on which your trip would have commenced.

Period between cancellation and trip commencement

Cancellation charge

More than 55 days

Deposit only

55 – 43 days

30% of the trip price

42 – 29 days

50% of the trip price

28 – 15 days

75% of the trip price

Less than 15 days

100% of the trip price

 

If greater, the cancellation charge will be the amount of any irrecoverable deposit previously paid by us to a supplier in respect of your trip.

We will issue a cancellation invoice detailing the cancellation charges incurred. Any sums due to us must be paid by you on receipt of the cancellation invoice. Any refund due to you will be paid by us within 7 days of receipt of your written notification of cancellation.

Note: you may be able to reclaim these charges if the reason for your cancellation is covered under the terms of your insurance policy.

9. If we change or cancel your trip

As we plan your trip arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

  • Prices

We also reserve the right to alter the prices of any trip shown on our website. You will be advised of the current price of the trip that you wish to book at the booking stage and before any contract is formed.

  • Cancellation

We will not cancel your travel arrangements less than 12 weeks before the commencement date, except for reasons of force majeure or failure by you to pay any sum due under these T&Cs. We may cancel your trip before this date, if, for example, the minimum number of clients required for a travel arrangement is not reached. If your trip is cancelled, you can either have a refund of all monies previously paid or you can accept an offer from us of alternative travel arrangements of comparable standard (if available). We will refund any price difference if the alternative is of lower value.

  • Changes

Most changes are minor. However, there may be occasions when we have to make “significant changes”. A significant change is a change made before trip commencement, which, taking into account both what you tell us at the time of booking and what we as a tour operator can be reasonably be expected to know, is reasonably likely to have a major effect on your trip. Examples of significant changes proposed prior to commencement of the trip would include: a change of accommodation to that of a lower official classification or standard for the whole or a major part of the duration of your trip; a change of accommodation area for the whole or a major part of the duration of your trip; or a significant change of itinerary leading to missing out one or more major destinations substantially or altogether.

If we have to make significant changes prior to commencement of your trip, we will notify you immediately and offer you the choice of the following options:

  • accepting the changed arrangements, with an appropriate revision to the trip price; or
  • accepting an offer from us of alternative travel arrangements of comparable or better standard (if available), with any price difference being refunded by us if the alternative is of lower value; or
  • cancelling your trip, in which case we will refund all monies you have previously paid to us.

10. Compensation

If we have to cancel your trip (for reasons other than force majeure or your failure to pay a sum due under these T&Cs) or if we have to make significant changes, we will pay you compensation, which will vary according to the period of time between the date of our notification to you of the cancellation or of significant changes and the date scheduled for your trip commencement. The compensation will be as follows:

Period between notification and trip commencement

Compensation per person

More than 56 days

Nil

56 – 28 days

£ 20

27 – 14 days

£ 40

Less than 14 days

£ 50

 

11. Force majeure

Except where otherwise expressly stated in these T&Cs, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, “force majeure”. In these T&Cs, “force majeure” means any event which we or the supplier of the service(s) in question cannot, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

12. Insurance

We consider adequate travel insurance to be essential. Details of the policy we offer are available on request. If you decide not to purchase this insurance, you must give details in writing of your alternative policy (insurer and policy number).

Please read your policy details carefully and take them with you on your trip. It is your responsibility to arrange and maintain suitable travel insurance for the period of travel. We will not be held liable for any costs or compensation due to your failure to arrange sufficient travel insurance.

13. Complaint during your trip

If you have a problem during your trip, please immediately inform your local guide (or, if none is available, our local agent or hotel manager) to enable them to try and resolve the matter. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Authentic India Tours, 45/51 Wychtree Street, Morriston, Swansea, SA6 8EX, giving your booking reference and all other relevant information. We regret we cannot accept liability for any complaint where you do not follow the process set out in these T&Cs.

If you have a complaint you have access to Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) for online sales

14. Arbitration

If your complaint cannot be resolved by us, you may, if you wish, refer the matter to the ABTA Arbitration Scheme or to a Court of law. The ABTA Arbitration scheme is arranged by The Association of British Travel Agents Ltd (ABTA), but is administered independently by the Centre for Effective Dispute Resolution. The ABTA scheme provides a simple and inexpensive method of arbitration on documents alone, with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than £5,000 per person or £25,000 per booking. If you decide to proceed to Arbitration under this scheme, you must send written notice of your decision to ABTA within 18 months from the scheduled end of your trip. Full details of the scheme are available from The Association of British Travel Agents Ltd at 30 Park Street, London, SE1 9EQ, or from www.abta.com.

 

15. ABTA

We are a member of ABTA, with membership number Y6513.  We are obliged under ABTA’s Code of Conduct to maintain a high standard of service to you.

16. Our liability to you

We are responsible for ensuring that your trip is of a reasonable standard and as described to you. If any part fails to reach this standard and affects your enjoyment of the trip, we will offer reasonable compensation providing it is not due to events outside our control. Our liability in all these cases is limited to a maximum of twice the value of the services affected.

We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same, whilst acting in the course of their employment in the provision of your trip. We will pay compensation equivalent to that which would be awarded in an English Court, but will not offer compensation if the injury, illness or death is caused by you or someone unconnected with the trip or in circumstances that could not have been expected or avoided even with all due care.

If you purchase excursions which do not form part of the trip, your contract will not be with us, but with the supplier. We regret we are unable to accept any responsibility in these circumstances.

17. Behaviour

Please note that your trip arrangements will be terminated by ourselves or the suppliers concerned (e.g. hotels, tour guides) if you are behaving in such a way as to cause, or be likely to cause, danger or distress to others or damage to property. In this situation, we will not be liable to make any refund, pay any compensation or meet any costs or expenses you incur as a result of your behaviour. Please note that at all times you are subject to the laws of the country you are visiting and must respect local cultures and customs.

18. Contract terms of our suppliers

Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide their services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with the applicable international conventions. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.

19. Passport, visa and immigration requirements

Your specific passport and visa requirements, along with other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Further information can be obtained at

https://www.gov.uk/browse/abroad/passports (https://www.gov.uk/browse/abroad/passports)

https://www.gov.uk/browse/visas-immigration (https://www.gov.uk/browse/visas-immigration)

20. Pre-travel advice

The Foreign and Commonwealth Office (FCO) travel advice unit may have issued information about your destination. You are advised to check this information on the internet at www.fco.gov.uk. It is our company policy to follow FCO advice pertaining to your destination. It is also your responsibility to check if you require any vaccinations or medical advice for the destination you intend to visit.

21. Accuracy of advertising material

The information contained on our website and in our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking.

22. Use of data

By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking (when it may be transferred abroad), for market research and analysis, to prevent fraud and to enable us to contact you by letter, telephone or email. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes or any other purposes which they determine appropriate.

23. Jurisdiction

The contract between you and us, including these T&Cs, is governed by and construed in accordance with English law. All parties agree to submit to the exclusive jurisdiction of the English Courts.