Terms & Conditions
All our products are sold subject to these Terms and Conditions and the contract between the Client and us shall be governed by the same. All our products are sold subject to these Terms and Conditions and the contract between the Client and us shall be governed by the same.
- BROCHURE / ITINERARY ACCURACY
Brochures are printed several months in advance and the brochures’ description of services are printed as accurate as possible during the time of its publication. However, we do not have direct control over the suppliers as we are Tour Operators and do not own any hotels, airlines, restaurants, cruises or coaches. Circumstances beyond our control like major road works, traffic congestions, weather conditions, fairs, festivals, sport events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants, closure of / restricted entry at a place of sight seeing and any other circumstances not mentioned herewith may result in changes in the services / itineraries. Therefore, we reserve the absolute right to alter, amend, change or modify the Tour Package, Itineraries, tour Schedule, travel plan, tour arrangements and sightseeing. Where we may know of these sufficiently in advance we will notify the client, otherwise our Tour Managers or local representative/s will inform you of the changes on the spot. There are also very big Fairs and Exhibitions lasting up to 2 weeks, where all the hotels are fully booked several years ahead. Every effort is made to avoid such dates, but in the few instances where it is unavoidable, it may be necessary to stay in hotels in other cities. (This would be advised as advance as possible).
- THE BOOKING
Your contract is with Kumbha2021.online. A contract exists between us when we have confirmed that we have space available on the tour of your choice and we have received your signed Travel Confirmation Form and advance.
Upon completion of the signed booking form 30% of the tour cost, must be paid to the company.
Payments should be made in the name of Kumbha2021.online by cheque,DD and other online payment methods mentioned in payment policy preferably. Payment by DD can be drawn at our cost. In unavoidable circumstances, cash payments are accepted. For bookings which are made within 10 working days of tour departure, the full amount will become immediately payable either by cheque,DD and other online payment methods.
Once the completed Travel Confirmation Form and the advance have been received an invoice will be sent, along with a receipt for the money already paid. The full payment towards the cost of the tour must be paid at least 20 days prior to tour departure. Failure to pay the balance within the specified period will result in the cancellation of the booking, and the payment of a cancellation fee, as detailed below.
- SCOPE OF ACTIVITY
We are travel and holiday organizers only. We do not control any shipping company, coach or coach company, hotel, transport, restaurant, kitchen caravan or any other facility or service mentioned in this Brochure and Itineraries. Though we take care in selecting all the ingredients in your holiday, we can only select and inspect them. As we have no control in running of them, we cannot be responsible for any delay, improper services provided by any agency, airline, transport, hotel, any provider of services, for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hotel, airlines, shipping companies, cruise, coach owners/coach operators/tour operators who are the Company’s independent contractors. We are also not responsible for the delay or deficiency in services provided by agency, hotel, any provider of services, and/or any act or actions of co-travelers, co-passengers which may result in injury, damage to the life or property of the Client or interfere with enjoying or availing the following and /or the other services to be provided on the tour. We do take all reasonable steps in ensuring that the organization, maintains standards and provide a service that is acceptable to the company. The information within this brochure has been compiled with all reasonable care and is correct to the best knowledge of the company and is published in good faith.
- TRAVEL DOCUMENTS AND CLEARANCES
It shall be sole responsibility of the Clients to hold valid travel documents and statutory clearances, to enable you to travel on the Tour such as passports, insurance and medical insurance certificates and other statutory certificates including immigration clearance. In any case, your Passport must be valid for at least six months subsequent to the scheduled departure date of the tour.
As granting or rejecting visas and immigration clearance is the sole prerogative of the concerned sovereign governments, the Operator shall neither be responsible in case of non-granting of such documents nor liable for any delay, denial or other related act/omission or for any loss, expense, damage or cost resulting there from. The position in respect of cancellation of Tour by Client due to non-availability of travel documents would not change only by virtue of the Client having applied for such documents through us. Even if visas are rejected, our stipulated fees shall be payable by the Client. There will be no refund to the Client, or any member of his party, is unable to travel due to the said reasons. In such cases, the non-refundable deposit paid by the clients shall be forfeited and no claim whatsoever shall be made for the same.
In the event that a client is unable to travel on the tour originally booked by him/her, due to rejection of visas by the concerned embassy, the said client shall have the option to postpone his/her tour to any other future date or transfer his tour to any other tour and in such case the transfer fee for the transfer of the tour shall apply. However, if the client books and pays within the cancellation period and is unable to travel due to any reason whatsoever including non-availability of visas or any travel documents, the cancellation policy will apply.
- HEALTH AND INSURANCE
It shall be the duty of the Client to inform the Company in case the Client 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.
- The Company reserves the right to ask the Client to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed the Company will not be liable to provide any assistance or money back.
- The Company makes it a condition that the Client is adequately covered by Overseas Mediclaim Insurance Policy and other appropriate insurance policies from the Insurance Company identified and named by us to cover the risk of life, limb and property while on tour, as Kumbha2021.online will not be responsible for the same.
- It may be noted that the tour cost may or may not include the insurance premium and that the clients shall have to acquire the same at their cost.
In the event of the Company exercising its rights to amend or alter any Tour or holiday advertised in their Brochure/ itinerary after such Tour or Holiday has been booked, the Client shall have the right:
- To continue with the Tour or holiday as amended or altered;
- Or to accept any alternative Tour or holiday, which the company may offer. In either of these above cases the Client shall not be entitled to or the company shall not be liable to the client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund. In the event that the Company is unable to conduct a particular Tour, the Company shall at its own discretion, refund the amount of the cost of the said Tour to the Client (after deducting the actual expenses incurred by us on your booking like visa, insurance premium, POE charges, and other overheads as applicable from case to case) without any interest on the same. The Client will not be entitled to make any grievance thereafter in respect of the same.
The Company shall, in no circumstances whatsoever is liable to the client or any person traveling with him for
- Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any kind of theft howsoever caused;
- Any act, omission, default of any independent Contractor or other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the client or for any person traveling with him howsoever caused.
- The temporary or permanent loss of or damage to baggage or personal effects howsoever caused including willful negligence on the part of any person.
- Failure on the part of airline to accommodate passengers despite having confirmed tickets or change of route.
- If in the event that the Client is booked on a particular airline and the said flight is over booked/cancelled for whatever reason and the Client is not allowed/able to board the flight, the Client shall not hold the company responsible for the same and no claim whatsoever can be made by the Client against the company for refund or compensation.
The Company shall not be responsible and / or liable for any damages caused to the Client due to reasons beyond the control of the Company (Force Majeure / Vis Majeure).
In any case, no liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever
- CONDITIONS OF TRAVEL
The Client will have to strictly follow the Tour Program and return to India as per the validity of the air ticket. There shall be no refund, if the client fails to join the group at the commencement of the tour, or joins the group later or leaves the group before culmination of the tour. It shall be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time. In case if a client along with his family is compelled to discontinue the tour due to any reason whatsoever including illness, death or loss of passport or any travel documents, no claim shall be entertained for refund of unutilized services. Even if a client is unable to reach the place of commencement of the tour due to any reason whatsoever including loss of baggage or loss of travel documents, his booking shall be treated as “no show” on the tour and 100% cancellation charges will be levied. If a client avails pre – tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the group for the main tour at the appointed place, or cancels the tour after using the air tickets; tour arrangements or part thereof, it shall be treated as “no show” and there will be no refund whatsoever for the unutilized pre-tour or main tour services.
Kumbha2021.online, reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers and Kumbha2021.online, shall be under no liability to any such person. It is hereby declared that the immunities provided under this contract shall be available to the Company’s Managers, including Tour Managers, Employees, Servants and Agents but not to the Independent Contractors selected by the Company.
Each of these conditions shall be severable from the other and if any provision be invalid, illegal or unenforceable, the remaining provisions shall nevertheless have full force and effect. No liability on the part of the Company 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 consequential loss or additional expense whatsoever.
If no suit/action is brought against the Company within three months of the last day of the Tour, the Company shall be discharged from all liabilities under/or arising out of this Contract and the Client shall be deemed to have relinquished/abandoned all his rights under or arising from this Contract.
In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance of the contrary is published.
- LAW & JURISDICTION
For all complaints, suits, claims or disputes of whatsoever nature relating to any products by Kumbha2021.online and third party products and tours the courts, tribunals in Rishikesh, India alone shall have exclusive jurisdiction. All tours are subject to laws, rules of RBI/GOI.