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| ACCEPTANCE OF TERMS |
Incredibleairindiapackages.org website ("Website") is an internet based travel portal operated by Le Passage To India Tours & Travels Pvt. Ltd.(LPTI) a company incorporated under the laws of India , with its registered office at E 29, Hauz Khas, New Delhi - 110 016,
Through the Website, LPTI shall provide you ("User") travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service, as set out in Annexure 1; This Service may be availed by the User, his family members and friends in India at any time during the year through vendors ("Service Providers").
This User Agreement ("Agreement") sets out the terms and conditions on which LPTI shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by LPTI from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules or contract of carriage. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
LPTI at its sole Discretion Reserves The Right Not To Accept Any Order Placed By The User Through The Website Without Assigning any Reason Thereof. Nay Contract To Provide Any Service By LPTI is Not Complete Until Full Money Towards The Service Is Received From The User and Accepted by LPTI.
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| MODIFICATION OF TERMS |
| LPTI reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions. |
| LIMITED USER |
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the INCREDIBLEAIRINDIAPACKAGES.ORG name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. |
| DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY |
Incredibleairindiapackages.org has endeavored to ensure that all the information on the website is correct, but Incredibleairindiapackages.org neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Incredibleairindiapackages.org makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
Since Incredibleairindiapackages.org acts only as a booking agent, LPTI shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall LPTI be liable for the services provided by the service provider.
Although LPTI makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, LPTI is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers.
LPTI does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
LPTI does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
In no event shall LPTI be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the services;
(b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services;
(c) unauthorized access to or alteration of the user's transmissions or data;
(d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.
Neither shall LPTI be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, LPTI shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond LPTI control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
the maximum liability on part of LPTI arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
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| LINKS TO THIRD PARTY SITES |
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LPTI and LPTI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LPTI is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. INCREDIBLEAIRINDIAPACKAGES.ORG is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by LPTI of the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
LPTI is not responsible for any errors, omissions or representations on any Linked Site. LPTI does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. |
| PROHIBITION AGAINST UNLAWFUL USE |
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website. |
| USE OF COMMUNICATION SERVICES |
The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(f) conduct or forward surveys, contests, pyramid schemes or chain letters;
(g) download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
(h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i) violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
(j) violate any applicable laws or regulations for the time being in force in or outside India; and
(k) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
LPTI has no obligation to monitor the Communication Services. However, LPTI reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. LPTI reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LPTI reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LPTI sole discretion.
LPTI does not control or endorse the content, messages or information found in any communication service and, therefore, LPTI specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
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| TERMINATION/ACCESS RESTRICTION |
LPTI reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the INCREDIBLEAIRINDIAPACKAGES.ORG Services. INCREDIBLEAIRINDIAPACKAGES.ORG further reserves the right to alter any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the INCREDIBLEAIRINDIAPACKAGES.ORG Services.
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| USER'S OBLIGATIONS AND USER ACCOUNT |
In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from Incredibleairindiapackages.org as service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and that Incredibleairindiapackages.org does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party.
You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to INCREDIBLEAIRINDIA.ORG. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the INCREDIBLEAIRINDIAPACKAGES.ORG services. INCREDIBLEAIRINDIAPACKAGES.ORG will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using INCREDIBLEAIRINDIAPACKAGES.ORG Services.
The user also agrees and undertakes to immediately notify Incredibleairindiapackages.org of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. Incredibleairindiapackages.org shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or INCREDIBLEAIRINDIAPACKAGES.ORG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INCREDIBLEAIRINDIAPACKAGES.ORG has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants INCREDIBLEAIRINDIAPACKAGES.ORG the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
INCREDIBLEAIRINDIAPACKAGES.ORG is responsible only for the transactions that are done by the User through INCREDIBLEAIRINDIA.ORG. INCREDIBLEAIRINDIAPACKAGES.ORG will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
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| BREACH |
Without prejudice to the other remedies available to Incredibleairindiapackages.org under this agreement, the tos or under applicable law, Incredibleairindiapackages.org may limit the user's activity, o r e nd the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
(a) The user is in breach of this agreement, the tos and/or the documents it incorporates by reference;
(b) Incredibleairindiapackages.org is unable to verify or authenticate any information provided by the user; or
(c) Incredibleairindiapackages.org believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Incredibleairindiapackages.org .
Incredibleairindiapackages.org may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with Incredibleairindiapackages.org or use the website in any manner whatsoever until such time that the user is reinstated by Incredibleairindiapackages.org . Notwithstanding the foregoing, if the user breaches this agreement, the tos or the documents it incorporates by reference, Incredibleairindiapackages.org reserves the right to recover any amounts due and owing by the user to Incredibleairindiapackages.org and/or the service provider and to take strict legal action as Incredibleairindiapackages.org deems necessary.
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| PROPRIETARY RIGHTS |
INCREDIBLEAIRINDIAPACKAGES.ORG may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by LPTI and shall not copy, transmit or create derivative works of such material without express authorization from INCREDIBLEAIRINDIA.ORG.
The User acknowledges and agrees that they shall not upload post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. |
| RELATIONSHIP |
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and LPTI and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes LPTI and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed LPTI and its agents as their agent for this purpose. |
| HEADINGS |
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
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| INTERPRETATION OF NUMBER AND GENDERS |
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole. |
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| INDEMNIFICATION |
The User agrees to indemnify, defend and hold harmless INCREDIBLEAIRINDIAPACKAGES.ORG from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by INCREDIBLEAIRINDIAPACKAGES.ORG that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS. |
| SEVERABILITY |
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect. |
| TERMINATION OF AGREEMENT AND SERVICES |
Either the User or LPTI may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that LPTI may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or LPTI through a written notice to the other. LPTI shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify LPTI of such discontinuance.
Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and LPTI shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later |
NOTICES |
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) If to LPTI at the address posted on the Website.
(b) If to a non registered User, at the communication and/or email address specified in the application form availing of a INCREDIBLEAIRINDIAPACKAGES.ORG Service.
(c) If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
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| GOVERNING LAW |
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi .
LPTI hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction
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| Terms of Services (TOS)- Booking Terms and Conditions Annexure – 1 |
Booking Terms & Conditions |
The tour producers shall for the purpose of the tour mean LPTI, the tour operating division of Le Passage to India Tours & Travels, New Delhi, all personnel, agents and parties acting on their behalf. These Booking Terms and Conditions contain important information and it is essential that you carefully read and understand them.
The Contract is between LPTI and the Client, being all persons named on the booking form as travelling or intending to travel with LPTI. The person making the booking that is subject to these terms and conditions warrants that he/she is above 21 years of age and has full authority to do so on behalf of all persons named and confirms that all such persons are fully aware of and accept these conditions. No employee or agent of LPTI has the authority to vary or waive any of these terms or promise any discount or refund.
Acceptance of bookings will be confirmed in writing to you or your travel agent. Upon formal confirmation of admittance to the tour, the participant agrees that the tour producers:
Reserve the right of participation in the tour. Clients agree to accept the authority and decisions of LPTI’s employees, tour leaders and agents whilst on tour. If in the opinion of such person, the conduct of a client before or after departure appears likely to affect adversely the safe operation and normal conduct of a tour and the enjoyment of other tour participants, the client will be ordered to leave the tour immediately with no right of refund.
Shall at all times be entitled to make any arrangements for the issue of any ticket or coupon for transport or arrangements for conveyance or any accommodation as they in their discretion may think advisable. In issuing or obtaining the issue of any ticket or coupon, or arranging for transport, conveyance or accommodation, act as agents only and shall not in any way be liable as principals.
Shall not be liable, under any circumstances whatsoever & whether in contract or delict for any damage, injury (including death), loss, delay or inconvenience of any sort whatsoever which shall be caused to any passenger whilst on any tour or journey or while being a temporary resident in any foreign country as a result of any service provider not making satisfactory or any arrangements and whether caused through the act or default of any of the servants, agents or sub-contractors of the tour producers.
Shall not be obliged to make any refund for arrangements specified in the itinerary and not used by participants and advise that their couriers or representatives have no authority or permission to refund any monies paid or to give any right to claim a refund from the tour producers who cannot hold themselves responsible for the obtaining of refunds on lost or unused transport tickets, although efforts will be made to claim settlement on behalf of passengers.
Advise that each passenger agrees that he, his heir, executors, administrators and/or assigns shall indemnify the tour producers, its servants and agents from and against all claims for damages from any cause whatsoever to any person who may make a claim against the tour producers or any of them, whether loss or damage to property in the custody of the passenger or arising out of any injury to, or the death of any passenger, whether or not such claim is based on negligence of the tour producers, its servants or agents or any sub-contractors of the tour producers.
Reserve the right at any time to cancel or modify the tour or change any of the facilities, services or prices quoted (including flights, transport, hotel accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for any inconvenience, loss of time or enjoyment due to these changes.
Shall not be liable for any delay in, change to or cancellation of trips due to Force Majeure wherein circumstances are beyond the reasonable control of LPTI and include but is not limited to war or threat of war, riot, civil unrest, terrorism, industrial disputes, disease, natural, industrial or nuclear disasters, adverse weather conditions, fire, strikes or government travel advice. In such events, monies paid will be refunded, less any disbursements, expenses, or any other commitments incurred on behalf of the client and in such an event the tour producers will accept no further or other liability whatsoever.
3. Payment To secure a booking, LPTI requires a minimum deposit of 10 percent of the total tour cost per person. Deposits are non-refundable and non-transferable. This payment is deemed confirmation that the Client has read and accepts LPTI’s booking terms and conditions. For special tours, sporting events and for bookings made less than eight weeks prior to departure, the full tour price is payable upon confirmation. Clients booking by telephone, facsimile, e-mail or via the Internet will be deemed to have read the booking conditions and accepted them. The balance of all monies due, including any surcharges applicable at that time must be paid eight weeks before departure. Failure to remit final payment on the due date will result in the cancellation of reservations, forfeiture of deposits and may attract cancellation fees.
4. Prices and Validity All prices quoted are for cash transactions based on prevailing tariffs and exchange rates at the time of acceptance of the quotation and payment of the required deposit and are subject to tariff increases and currency depreciation until your full payment has been received. The tour producers reserve the right to pass on any surcharges to the client to cover increases in transportation costs, including the costs of fuel and security charges, landing and departure taxes at ports and airports over flying and airport charges. Surcharges will be made without notice to cover any increases that may arise from such circumstances prior to receipt of full payment by LPTI.
5. Flight Bookings LPTI will use its best efforts to ensure that all flight prices are correct at the time that they are quoted. Flight bookings are created when the payment of a deposit is received and whilst a booking may be held for the client, the fare can only be guaranteed when the flight booking has been paid for in full and the ticket has been issued. Full payment is required immediately upon confirmation when special, advance or Instant purchase; promotional and inclusive tour fares are used in conjunction with land arrangements and are subject to special conditions, restrictions and penalties as stipulated by the airline concerned. Flight bookings are not transferable and airlines reserve the right to amend or withdraw any airfare without prior notice. LPTI reserves the right to decline any booking at their absolute discretion.
6. Airline Responsibility. Passengers must travel as ticketed and are responsible for their onward flight reconfirmations that must be done at least 72 hours prior to flight departure. Failure to do so may result in the cancellation of flight reservations by the airline. A baggage allowance of 20kg is permitted on international flights. The airlines concerned are not to be held responsible for any act, omission, or event during the time passengers are not on board the aircraft. The ticket in use by the airline when issued shall constitute the sole contract between the airline and the purchaser of the ticket.
Your Tour LPTI operates normal, sports and adventure tours to destinations the world over, including certain regions where the standards of accommodation, transport, safety, security, hygiene, medical facilities and other infrastructure may, at times be lower than those you would normally expect. All trips, but especially those to sporting events, visiting remote or unstable regions or areas with extremes in climatic conditions or dangerous wildlife, involve a risk of injury, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. All bookings are accepted on the clear understanding that the clients are fully aware of the risks and potential hazards and agree to assume all such risks associated with the journey, which they undertake of their own volition.
7. Disclaimer : The tour producers, their associates, servants and agents act as booking agents for airlines and service providers and accept no liability for any injury, damage, loss, accident, delay or other irregularity whatsoever and howsoever arising and render the services on condition that they shall in no way be liable or accept responsibility in respect of any detail, negligence or otherwise with regard to airline bookings, hotel accommodation, sightseeing tours and transport or any other services nor are they liable for any loss or additional expense or inconvenience caused by changes in arrival or departure schedules, delays, missed transfers or flight connections, sickness, injury or death or any other cause whatsoever. LPTI will not accept responsibility or liability for any client who contravenes any law or regulation of any country visited. Any independent arrangements made by any clients are done so entirely at their own risk. The client warrants that he/she has not relied on any representation made by the tour producers that has not been stated expressly in these terms and conditions.
9. Cancellations The Client may cancel his/her booking at any time by communicating the cancellation advice to LPTI in writing. Written notification is essential even if verbal notification of an intention to cancel has been given. Upon receipt of your written cancellation by the tour producers, the following charges will apply. Beyond 8 weeks prior to departure – forfeiture of deposit, between 4 to 8 weeks 50% of the total tour cost, between 2 to 4 weeks 75% and within 2 weeks of tour departure 100% of the total tour cost. Special sporting events carry 100% cancellation charges. In addition to the above-mentioned charges, cancellation charges for air tickets issued by and on behalf of LPTI will apply as determined by airline tariff regulations and may vary due to the fare used and type of ticket issued. The full insurance premium is payable in the event of cancellation by the Client. The reason for cancellation, will determine whether these charges may be recoverable under your insurance policy. No refunds will be considered if you should leave a tour for any reason after the tour has begun.
10. Travel Insurance Is mandatory for all clients booking a tour produced by LPTI. Clients are solely responsible for arranging their own travel insurance cover against their sustaining any loss or expenses arising from unforeseen circumstances prior to or during the entire period of their proposed journey. Clients together with their personal property including baggage are at all times solely at their own risk. The travel insurance cover automatically provided with credit card purchases does not provide adequate cover as standard. A suitable insurance policy should provide adequate cover for accidental death or disability, medical expenses, including any related to pre-existing medical conditions, helicopter rescue and air ambulance, delays, cancellation &curtailment, loss of baggage, personal effects, money, travel documentation & personal liability. Where the client declines to purchase suitable insurance cover, he/she indemnifies the tour producer against all responsibilities and liabilities howsoever arising due to his/her failure to purchase adequate insurance cover. Clients arranging their own insurance cover should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients are required to carry proof of insurance with them and produce it if reasonably requested by the tour producer’s employees, agents or service providers. The tour producer reserves the right to cancel the client’s participation in a tour at any time, including after the start of the tour, with no right of refund, if the client is unable to provide proof of insurance.
11. Pre-existing Medical Conditions At the time of booking, clients must inform LPTI of any pre-existing medical conditions that might reasonably be expected to increase the risk of their requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other tour participants. Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition and make proper arrangements for the provision of any medication or other treatment that may be required during the tour. Failure to make such disclosures will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid by the client will be forfeited. In the case of ill health whilst on tour, LPTI may make such arrangements as it sees fit and recover the costs thereof from the client.
12. Ages, Fitness and Participation All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour. Persons over 60 years of age may have to provide medical evidence of fitness to travel on certain itineraries. Persons under 18 years of age will be accepted on tours only if accompanied by a parent or guardian who accepts full responsibility for them. LPTI reserves the absolute right to decline a booking at their sole discretion.
13. Unused services and refunds No refunds will be considered for no–shows or any unused services irrespective of whether they form part of the basic tour price, or in respect of pre-booked optional arrangements. No refunds on partially unused car rentals, apartment reservations or package components. No refunds in the event of delays and or cancellation of special sporting events due to acts of God, Force Majeure, weather conditions or any other unforeseen circumstances.
14. Amendments & Late Bookings A fee of USD 100.00 per amendment will be charged for amendments made to confirmed bookings in addition to any cancellation and administration charges applicable to documents or vouchers submitted for refund or re-issue. Any amendments/cancellations en route may be made directly with our local operators and may incur additional fees.
15. Travel Documentation: Visa regulations and restrictions applying to clients should be confirmed and adhered to by the clients at the time of booking. The responsibility for compliance with all governmental regulations relating to the provision of current and valid passports (at least 6 months), visas, inoculations, vaccinations, re-entry permits and the like where required is that of the client alone. Visas do not represent a guarantee of admittance to any destination and immigration authorities reserve the right to deny entry, repatriate, deport or prosecute alien visitors who fail to present the necessary documentation upon request or contravene immigration laws. Visas are issued at the sole discretion of the consulates or visa issuing authorities concerned in accordance with their specific visa application requirements and issuing terms and conditions. Their decision is final and no correspondence will be entered into. Moreover, they are not obliged to give any reasons for the refusal of visas, forfeiture of application fees, nor will they assume any responsibility for any financial loss or inconvenience that may be sustained by the applicant in the event of a refusal, delay, loss of passports / travel documents or any irregularity that may arise during the visa application process. The tour producer shall not be held liable for any consequence of any nature arising from any non-compliance of governmental regulations by the client who is further responsible to check all tickets, coupons and vouchers to ensure that they are in proper order prior to departure from his/her point of origin in. Any discrepancies related to missing or incorrectly detached flight/transport coupons, incorrect coupon data or lost/mislaid vouchers discovered after departure will result in the client paying the service provider directly for services and no refund or reimbursement will be entertained.
16. Delays: The tour producer, its employees and agents shall not be responsible and shall be exempt from all liability for any delays prior to departure from your point of origin or during the course of any tour whether brought about by force majeure, changes in flight schedules, overbooking by the airline, technical difficulties, strikes, adverse weather conditions or any other circumstances whatsoever. It is understood that all expenses relating to any such unscheduled extensions viz. hotels, airfares, taxi fares, meals, telephone calls etc. will be borne by the client.
17. Tour Price Exclusions airport taxes, fuel and other applicable surcharges passport, visa and courier fees, insurance, laundry, telephone bills, beverages, tips & gratuities to tour leaders, guide services, entrance fees, items of a personal nature, excess baggage, optional excursions and services not stipulated in the tour itinerary or brochure.
18. Complaints. If you have a complaint whilst on your trip, you must make it known to the LPTI tour leader or our local representative who will normally be able to take appropriate action. If you are not satisfied with their response and feel your enjoyment of the holiday is likely to be significantly affected you should notify us in writing and we will do our best to resolve the problem. If at the end of the trip you feel that your complaint was not properly dealt with, you must notify us within thirty days of the end of your trip.
19. Guaranteed Departures Holidays that are not group tours are guaranteed to operate once a booking has been confirmed unless otherwise mentioned. All trips are guaranteed to operate once a minimum of two persons is booked.
20. Publicity . You agree that LPTI may use images of you taken during the trip without recourse to you and without compensation for publicity and promotion purposes only, through whatever medium it chooses.
21. Authority of the Tour Leader At all times the decision of the LPTI tour leader or representative will be final on all matters likely to affect the smooth operation of the trip and the safety and well-being of tour participants.
22. Electronic Tickets If you purchased an electronic ticket directly from the airline over the internet, the credit card used to pay for the ticket must be presented by the cardholder upon check-in at the airport. Whilst the cardholder does not need to book and travel personally he/she must be physically present with the credit card used at the check-in counter. Failure to do so will result in the passenger having to make a guarantee payment either in cash or by alternative credit card.
23. Destination Enquiries Passenger enquiries with regard to local issues and prevailing conditions at your intended destinations should be made prior to departure from your point of origin. The tour producers make no representations as to the safety and security, prevailing conditions or other issues that may exist at any destination. Advice may be obtained from local governments, local consular offices or the official websites of the relevant foreign affairs / governmental departments concerned.
24. Hotel Check In and Check Out Times vary from place to place with the norm being 14h00 for check -in and 12h00 for check-out. Hotels reserve the right to charge for periods when the room is occupied before the normal check-in time and after the normal check-out time. For your comfort we therefore recommend that when booking the number of nights you intend to stay, you consider whether this covers your early arrival or your late check-out, neither of which is covered by the tour price. Upon check in, hotel staff will request an imprint of your credit card as a deposit for any in room services. You may settle your bill for any extras or have the cancelled voucher returned to you if there aren’t any when checking out.
25. Service Vouchers The LPTI voucher is our official document that serves as both a confirmation and exchange document for the arrangements you have purchased. You will be required to present it to your hotel, car rental or any other named service provider for the provision of the services mentioned therein. Vouchers are valid for the dates and services mentioned only and are not refundable, transferable or endorsable. Any unauthorized alteration renders the voucher null and void. Hotel, car rental or any other named service provider has no authority to refund any monies paid or grant any authority to claim a refund from the tour producers for lost or unused vouchers, transportation tickets, car rental and apartment or tour package components. Clients who have lost or mislaid their vouchers or are unable to present them upon request will be obliged to pay the service provider directly for the provision of services. There are no refunds for no-shows or any unused services that either form part of the basic tour price or pre-booked optional arrangements clients who may request upgraded and/or additional services not stipulated in the voucher are responsible to settle payment for the said services directly with the service provider concerned.
26. Airport Check-in Allow a minimum check in time of approximately three hours for international flights and one hour and half for domestic flights. Passengers are advised to check in as early as possible after the airline check in counters open to allow sufficient time to complete check-in, security and immigration formalities. Boarding gates close approximately twenty minutes prior to flight departure and are usually a considerable distance away from the departure control area. At most airports there are no longer any departure announcements so watch the departure information screens and report to your correct boarding gate in good time. E. &.O.E.
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