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Our Environmental Responsibility
Our Social Responsibility
General Business Conditions
| A - Holiday Contract
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| A.1)
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On confirmation of a holiday with explorIndya (the "Company") and accepting the holiday experience as stated in your Holiday ScrapBook, the customer ("You") will be bound by a holiday experience contract.
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| A.2)
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A Holiday experience is confirmed either in writing via email or via telephone/ Skype telecommunication, in person by You and once you receive acknowledgement of the same in writing from us. This confirmation then expressly binds, You, as well as all traveling members as well, who have agreed to enter into this holiday services contract.
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| A.3)
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The Final Holiday ScrapBook received by You from the Company on confirmation will be in effect on acceptance of the same and it's contents within. The contract will then be in effect on said acceptance.
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| A.4)
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Each version of your Holiday ScrapBook has a valid duration of 30-days of it being sent to You. If the contents of the ScrapBook change, an amended version will be drawn up by the Company highlighting the changes as discussed and will be re-presented to You.
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This new version will then be valid for a duration of 30-days from the time this amended Holiday ScrapBook is re-presented to you. The holiday contract is effective on the basis of the latest Holiday ScrapBook sent to You, should You declare acceptance of the same within the stipulated 30-day period.
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| B - Payment
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| B.1)
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Upon confirmation of the Final ScrapBook and consequently the booking, the Company will send you a Comprehensive Holiday Invoice for the trip. The payment schedule is as follows:
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B.1(i) 30% (100% for Nepal & Bhutan) of the comprehensive holiday billing will be due and must be paid on receipt of the said invoice to confirm a holiday experience.
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B.1(ii) The remaining 70% of the comprehensive holiday billing will be due 30-days prior to the start of the holiday experience.
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B.1(iii) If the holiday experience is planned and confirmed 4-weeks or lesser than the date of departure, then conditions B.1 (i) and B.1 (ii) shall not apply and You shall pay 100% of the amount upon receipt of the Comprehensive Holiday Invoice from the Company.
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| B.2)
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Upon receiving the final payment, the Company will send You the Final ScrapBook via email and the inward tickets (if any).On arrival at your first port of call a representative will meet you at the airport and assist you to your hotel where you willhave all your relevant travel documents awaiting you.
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| B.3)
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The payments above shall be made provided the holiday experience is not cancelled for reasons mentioned in Conditions G.1 & G.2.
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| C - Services
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| C.1)
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The services to be provided by the Company, which are contractually agreed upon, are those mentioned in the service description in your Holiday ScrapBook and the details related to this shall be given in the travel confirmation in the form of Your Final Holiday ScrapBook which You shall receive. The details contained within the Final Holiday ScrapBook are binding upon the Company.
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| C.2)
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However the Company reserves the right to declare a change/ changes in the details before making the travel confirmation, of which You will be informed of such said change/ changes before confirmation from Your end.
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| D - Change in Services
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| D.1)
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Changes in or deviations from the individual Holiday services mentioned in the Final Holiday ScrapBook, which become necessary after making the contract and which have been effected by the Company in good faith are allowed only as long as changes or deviations are not significant and do not detract from the overall holiday experience.
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| D.2)
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Any guarantee claims remain intact, if the changes in services are flawed.
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| D.3)
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The Company shall be obliged to inform you immediately regarding any changes or deviations in the service. If required, the Company will offer You a change in booking free of cost or cancellation free of cost.
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| D.4)
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In case, in the opinion of the Company, there is a significant deviation or change in an important service then You may withdraw from the contract without paying any charges or You may demand booking of an alternative holiday experience if the Company is in a position to offer You the same at no extra charges to You. You must however exercise this right immediately after the Company declares such a said change to the holiday experience.
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| D.5)
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The ineffectiveness of individual terms of service of the holiday experience contract does not result in ineffectiveness or invalidation of the whole holiday experience contract.
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| E - Withdrawal, Cancellation/ Changes in Booking
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| E.1)
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You can always withdraw or cancel before the start of the tour.
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| E.2)
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The date of cancellation is the date on which the Company receives notice of such a withdrawal/ cancellation.
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| E.3)
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Withdrawal/ Cancellation notice must be sent in writing for it to be effective.
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| E.4)
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Cancellation penalties related to such said withdrawal/ cancellation of a holiday experience with the Company are highlighted below (For India, Andamans & Sri Lanka):
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E.4 (i) Cancellation 30-days or more prior to start of holiday experience: 20% of composite holiday billing.
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E.4 (ii) Cancellation 15 - 29 days prior to start of holiday experience: 30% of composite holiday billing.
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E.4 (iii) Cancellation 1 - 14 days prior to start of holiday experience: 80% of composite holiday billing.
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E.4 (iv) Cancellation/ shortening trip after start of trip: 100% of composite holiday billing.
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E.4 (v) Force Majeure - any acts of God, riots, strikes, etc. beyond the control of any parties, preventing both parties from fulfilling their obligations under the contract: 100% of the composite holiday billing.
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| E.5
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Cancellation penalties related to such said withdrawal/ cancellation of a holiday experience with the Company are highlighted below (For Bhutan & Nepal):
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E.5 (i) Cancellation 60-days or more prior to start of holiday experience: 30% of composite holiday billing.
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E.5 (ii) Cancellation 59 - 30 days prior to start of holiday experience: 70% of composite holiday billing.
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E.5 (iii) Cancellation/ shortening trip after start of trip: 100% of composite holiday billing.
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E.5 (iv) Force Majeure - any acts of God, riots, strikes, etc. beyond the control of any parties, preventing both parties from fulfilling their obligations under the contract: 100% of the composite holiday billing.
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| F - Un-utilized Holiday Services
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If for some reasons you do not complete some contracted holiday services, due to sudden illness, early return or other compelling reasons, then in these events the Company shall try to secure compensation from service providers for the expenses saved. This obligation is not applicable if these are wholly insignificant services or if the compensation is against legal or Company regulations.
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| G - Cancellation of Contract by the Company
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| G.1)
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If for some reasons the contract is terminated or cancelled by the Company,
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then the Company is obliged to refund all payments for said contract received from You after deducting a 10% fee towards expenses incurred as inevitable costs.
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| G.2)
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In this case (G.1), the Company is not liable to return interest earned on the payments received by you.
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| H - explorIndya's Liability
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| H.1)
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Within the guidelines of ethical business principles, explorIndya is liable as under:
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H.1) (i) Efficient and thorough travel preparations.
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H.1) (ii) Careful selection of third-party service providers in accordance with quality of service stated to You.
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H.1) (iii) Correctness of holiday experience descriptions as mentioned in your Holiday ScrapBook under Section 3.
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H.1) (iv) Correctness of holiday experience descriptions as highlighted under any changes stated by the Company in Section 3.
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| H.2)
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explorIndya is responsible for the faults of a person or persons providing services through Your holiday experience.
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| I - Guarantee
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| I.1)
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Remedial Measures: If a tour does not take place as per the contract, then You have the right to demand remedial measures from the Company. The Company can refuse the remedial measures if it entails disproportionate expenses.Remedial measures can be in the form of an equivalent substitute service. The Company can refuse this provision as well if the equivalent substitute entails disproportionate expenses.
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| I.2)
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Reduction to the cost of a Holiday experience: You can demand a reduction to the cost of Your holiday experience, if it was not conducted as per the contract. This cost will be reduced in proportion to the real value of the tour at the time of booking if it had taken place under proper conditions. No reductions will be entertained if You intentionally refrain from pointing out defects or undisclosed deviations from the contract.
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| I.3)
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Termination of the Contract: A contract can be terminated by You if you find that the holiday experience is hampered by a significant defect and the Company has not offered a remedial measure within a reasonable period of time.
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This termination must reach the Company within the framework of legal regulations and for your interests of record-keeping and legal proof, through a written medium. The same shall apply in reverse if You cannot undertake the tour for an important reason known to the Company. In this case You shall pay the Company the portion of holiday experiences availed of.
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| I.4)
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Compensation: You can demand compensation in the events of Reduction or Termination, provided the reasons for reduction/ termination were within the control of the Company.
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| J - Obligation to Co-operate & Statue of Limitations
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| J.1)
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You must immediately inform the Company about any complaints you might have. The Company is authorized to provide remedial measures, if/ where possible.
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| J.2)
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If you intentionally refrain from pointing out a defect, then You cannot make a claim for either Reduction, Termination or Compensation from the Company.
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| J.3)
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Claims against the Company relating to non-performance of services as per the Contract are to be made within one (1)-month after the end of your holiday experience as stated in your contract. After this period the Company will entertain claims only if you can prove to the Company that you could not adhere to this timeframe for reasons that were beyond your control.
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| J.4)
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The Statute of Limitations of one (1)-year applies to all claims made by You. This limitation begins the day your holiday experience ends as per your contract. If the negotiations between the Company and You regarding the claim or the reasons based on the claims are suspended, then the limitation is held back until You or the Company refuses to proceed with the negotiations. The limitation starts three (3)-months after the end of the restraint.
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| K - Passport, Visa & Health Codes
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| K.1)
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Valid and current travel documents and identity papers are the sole responsibility of You and other traveling members as per the contract.
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| K.2)
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The relevant consulate to the traveling country in Your home country is responsible to inform you about Passport and Visa requirements and other relevant visa documentation and application procedures.
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| K.3)
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The Company shall not be responsible for inadvertent delays or untimely processing of visas in Your home country by the relevant diplomatic agency/ consulate.
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| K.4)
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You are solely responsible for adhering to all health regulations stipulated by Your home country/ Health Ministry as highlighted for the country You will be traveling to. Non-adherence of the same will preclude any claims against the Company in the event of withdrawal/ reduction/ termination of the holiday experience contract by You.
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| L - Jurisdiction
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| L)
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As all holiday experiences at explorIndya are ultimately finalized in the Nilgiris, Tamil Nadu, jurisdiction shall be subject to the Nilgiri Courts ONLY and EXCLUSIVELY.
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