Terms & Conditions for Traveller
On confirmation of booking your contract is with
M/S SRIADVITHA TOURISM (OPC) PVT. LTD. A contract exists between us. When we confirm your tour/travel services and have received the deposit amount from your end.
The services contracted a minimum deposit of RS. 5000/- is to be paid by you to M/S SRIADVITHA TOURISM (OPC) PVT.LTD. The deposit is required to hold the booking on confirmed basis.(This amount is not refundable)
Balance payment is to be made 15 days prior to the date of start of services. Any booking made within 15 working days of the date of services would be considered to be a late booking and for same the full and final payment is required to be made at the time of booking itself
Note: Apart from above, in case of bookings for special train journeys, hotel or resort bookings during the peak season (X-Mas, New Year) full payment is required to be made at the time of booking itself.
Mode of Payment:
- For Domestic clients
- Domestic clients can make payment using any of the following methods:-
- By Online Payment Gateway system through (American Express/Visa/Master Card / Discover / Diners Club).
- By Debit Card verified by Master / Visa / Maestro.
- By Offline Credit Card Payment (American Express / Visa / Master Card / Discover / Diners Club).
- By Cash / Cheque / Demand Draft.
- By Bank Transfer (RTGS & NEFT).
In case of payment through credit/ debit card, the bank charges (3% extra) – would be levied over and above the total amount.
Note: All payments should be free and clear of any withholding tax and deduction. Bank charges, if any, for remittance (by remitting bank or by intermediary bank) would be strictly borne by payer.
All payments are to be made in name of M/S SRIADVITHA TOURISM (OPC) PVT. LTD.
Policy Regarding Cancellation / NO SHOW / EARLY DEPARTURE :
In case of cancellation of tour/travel services due to any avoidable/unavoidable reason/s we must be informed in writing. Cancellation charges would be effective from the date we receive letter in writing and cancellation charges would be (Tour booking advance amount Rs.5000/- is not refundable but you have send to tour your blood relation substitute you. If you are not sending any person substitute you. You will applicable balance amount only) as follows:-
- 60 days & prior to arrival – 10% of the tour/service cost.
- 59 days to 30 days prior to arrival – 20% of the tour/service cost.
- 29 days to 15 days prior to arrival – 25% of the tour/service cost.
- 14 days to 08 days prior to arrival – 50% of the tour/service cost.
- 07 days to less days, prior to arrival or no show – NO REFUND.
Please note – Irrespective of above mentioned cancellations slabs – in case of cancellation of tour / travel services after the booking is made with us – a minimum 10% service charges would be applicable.
In case you cancel the trip after commencement refund would be restricted to a limited amount that too would depend on the amount that we would be able to recover from the hoteliers we patronize. For unused hotel accommodation, chartered transportation and missed meals etc. we do not bear any responsibility to refund.
In case of special train journey (like Palace on Wheels, Royal Rajasthan on Wheels, Deccan Odyssey, Golden Chariot, Indian Maharaja & Maharajas Express) – a separate cancellation policy is applicable (which would be advised as and when required).
For high peak season bookings (from 20th Dec to 15th Jan) – please note that if the booking for high peak season is/are cancelled, due to whatsoever reason, no refund would be made for said cancellation
In regard to refund of unused / unutilized services (which are paid for and cancelled in advance) the refund amount would be worked out on the basis of cancellation policy as described above and the money would be accordingly refunded to the person who has made the payment to us. Please note that the refund process may take 2 – 4 weeks due to banking procedures. If the refund is made to the credit card account OR to Bank account, the bank charges would be debited from the refund amount.
Arrival and Departure Policy:
Check-In Timings: 1200 – 1500 Hours
Early arrival is subject to availability. For guaranteed early check-in, reservation needs to be made starting from the previous night.
Extra Usage of Vehicle:
Please note that the cost of extra usage of vehicle (cars / coaches with the driver) is not included in the services and hence extra usage of Vehicle after transfer or after sightseeing is not allowed until unless it is mentioned in the detailed itinerary / services.
Our liabilities & limitations:
Please note that after the finalization of the tour/service cost, if there are any hikes in entrance fees of monuments/museums, taxes, fuel cost or guide charges by the Govt. of India, the same would be charged as extra.
SRIADVITHA TOURISM (OPC) PVT. LTD. rates are based on the prevailing rates as negotiated by us with the hotels, airlines etc. Hotels and Airlines retain the right to modify the rates without notice. In case of such change – the rates quoted by us before modification can be changed by us according to the modifications by hotels or airlines.
SRIADVITHA TOURISM (OPC) PVT. LTD. and its associates acts only in the capacity of an agent for the hotels, airlines, transporters, railways & the contractors providing other services & all exchange orders, receipts, contracts & tickets issued by us – are issued subject to terms & conditions under which these services are provided by them. The tickets, coupons or passage contract in use by carrier / hotel or other contractors rendering services shall constitute the sole contract between the Clients and such contractor.
SRIADVITHA TOURISM (OPC) PVT. LTD. Itineraries are sample itineraries, intended to give you a general idea of the likely trip schedule. Numerous factors such as weather, road conditions, the physical ability of the participants etc. may dictate itinerary changes either before the tour or while on the trail. SRIADVITHA TOURISM (OPC) PVT. LTD. reserves the right to amend any aspect of the itinerary including transportation and accommodation without notice in the interest of the trip, participants’ safety, comfort and general well being without making any rebate, allowance or refund and extra cost, if any, would be payable by the client.
SRIADVITHA TOURISM (OPC) PVT. LTD. shall not be responsible for any delay or change in program or expenses incurred or special / consequential loss, injury and damage – directly or indirectly – due to natural hazards, flight cancellations, accident, breakdown of machinery or equipment’s, breakdown of transport, weather, sickness, landslides, political closures, acts of God, perils incident to the sea, floods, fire, acts of Government or any other authorities, wars, civil disturbances, riots, theft, pilferage, epidemics, quarantines, medical or custom department regulations, defaults, or any other causes beyond our control or any untoward incidents or any such causes whatsoever including any liability or extra expenses sustained by the Clients. Further, the Clients shall be liable for the liability or extra expenses incurred by him / her as a result of the forgoing causes.
SRIADVITHA TOURISM (OPC) PVT. LTD. shall not be responsible and shall not accept any liability towards the Clients or his/her legal representative for any loss of property or damages resulting from death or injuries including loss of services which the Clients may sustain on account of act, negligence or default by any transportation Company, hotel agents or any other body of persons, its agents or service providers providing such services or facilities or arising out of or while engaged in any tour, means of transportation or other services, whether due to ownership, maintenance , use, operation or control of any automobile, bicycle, boat, motor, or other vehicle in common carrier or otherwise and whether due to its or there negligence or otherwise or regardless of how caused. Clients using sporting equipment, bicycles, sailing boats, scuba diving gear, hired or supplied by hotels or rental bodies shall do so at their own risk.
SRIADVITHA TOURISM (OPC) PVT. LTD. does not have any insurance policy covering the expenses for accident, sickness, loss due to theft, or any other reasons. Visitors are advised to seek such insurance arrangements in their home country. All baggage & personal property/s at all times are at the client’s risk.
SRIADVITHA TOURISM (OPC) PVT. LTD. reserves the right to cancel any services in case it deems that the tour, trip or passage is impracticable for any reason or should circumstances warrants such action, upon refunding the value thereof and the Client shall not have any other or further claim against the company by any reason thereof.
SRIADVITHA TOURISM (OPC) PVT. LTD. reserves the right to refuse to carry out its contract with any person whom it may consider to be undesirable in its absolute discretion and it shall not be required to show any reason for doing so.
All disputes arising in connection with this Agreement shall be referred to an Arbitrator to be appointed by SRIADVITHA TOURISM (OPC) PVT. LTD. All such disputes shall be subject to the jurisdiction of Delhi (India) Courts only. The laws of India shall govern the validity, interpretation, construction, performance and enforcement of these terms and conditions.
Not Included in the Tour Cost
The cost of gratuities, insurance sightseeing, excess baggage charges, laundry, drinks, tips, airport taxes, meals except where indicated and items of personal nature are not included in the tour cost.
High Season / Trade Fairs / Festivals
Special conditions shall apply for booking high season/trade fairs/festival which will be advised at the time of booking.
Scope of Activity
We are travel and holiday organizers only. We do not control or operate any airline, neither do we own or control any shipping company, coach or coach company, hotel transporter or any other facility as mentioned in the manual. We take care in selecting all ingredients in a client’s holiday, But because we only select and inspect them and have no control in running of them, we cannot be held responsible for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hoteliers, airlines, shipping companies, coach owners/coach operators who are the company’s independent contractors arising outside our normal selection and in special process.
Hotel Check In and Check Out Timings
Normally the check in is 1400 hrs. at all hotels worldwide and the checkout time is 1200hrs. Early check in and late check out is always subject to availability at the hotel and can never be guaranteed under any circumstances. Should the clients be arriving early in the morning and be requiring the room on his/her arrival, the room confirmation must be requested for the previous night.
‘Client’ means the personal/persons in whose name or on whose behalf the booking is made.
‘Company’ means SRIADVITHA TOURISM (OPC) PVT.LTD. Independent contractors means “Hotelier/Hotel Owners”, Owner of any airline or shipping company or railway, ferry boat owner/operator/coach owner/or any other person who has been selected by the company to render service to the client. No person other than the company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition.
The company shall in no circumstances, whatsoever, be liable to the clients for: Any death, personal injury, sickness accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or nay misadventure however caused.
Any act, omission, default or independent contractor or other person or nay servant or Agent employed by them who maybe engaged or concerned in the provision of accommodation, refreshment, carriage facilities or services for the client or for any other person travelling with him howsoever caused.
The temporary or permanent loss or damage to baggage or personal effects howsoever caused in this condition the expression “howsoever caused” includes negligence on the part of any person.
No liability on part of the company arising in any way out of this contract in respect of any tour, holiday, and excursion facility, shall expect the total amount paid or agreed to be paid for the holiday and shall in no case include any consequential loss or additional expense whatsoever.
If the clients has any complaint in respect of the service provided any of the Independent Contractors, the client shall immediately notify the same in writing to the independent contractor and with a copy to IHPL Office where the booking had been made on his return. This will enable our company to take up the matter with the independent Contractor so that in future other clients do not face any difficulty.
Each of these conditions shall be severable from the other. If any provision where invalid, illegal or unenforceable then the remaining provision shall nevertheless have full force and effect.
DIRECT SELLER/DISTRIBUTOR TERM & CONDITIONS
These Terms and Conditions are to be read together with the Direct Seller Application (Form SA-88-ID, the “Application”).They become binding if and when
SRIADVITHA TOURISM (OPC) PVT. LTD. in its sole discretion, accepts the Application pursuant to Clause 2 here in and Section 3 of the Rules of Conduct for SRIADVITHA TOURISM (OPC) PVT. LTD. Distributors (the “Rules of Conduct” or the “Rules”)
(a.) Cooling Off Period: shall, subject to Clause 9, mean a period of 90 days from the date of acceptance of this Direct Seller application by SRIADVITHA TOURISM (OPC) PVT. LTD. within which period any new Direct Seller/Distributor shall be entitled to terminate this Contract without penalty and be entitled to full refund of price of–products or materials purchased from SRIADVITHA TOURISM (OPC) PVT .LTD. upon return of such products or materials in saleable condition.
(b.) Direct Seller: shall mean a person appointed by SRIADVITHA TOURISM (OPC) PVT .LTD. on a principal-to-principal basis through this Direct Seller Contract to undertake sale, distribution and marketing of SRIADVITHA TOURISM (OPC) PVT.LTD. Products and services and to register Preferred Customers within the Territory. An SRIADVITHA TOURISM (OPC) PVT. LTD. Direct Seller may introduce or Sponsor direct sellers and support them to build their direct selling business of SRIADVITHA TOURISM (OPC) PVT LTD goods & services.
(c.) Direct Seller Contract: in accordance with Rule 2.1 of the SRIADVITHA TOURISM (OPC) PVT. LTD .Rules of Conduct shall mean and include the following:
- The Direct Seller Application Form SA-88-ID;
- These Terms and Conditions forming part of the Direct Seller Application;
iii. The SRIADVITHA TOURISM (OPC) PVT. LTD. Sales and Marketing Plan;
- The Code of Ethics of SRIADVITHA TOURISM (OPC) PVT.LTD. Distributors;
- The Rules of Conduct for SRIADVITHA TOURISM (OPC) PVT. LTD. Distributors;
- The SRIADVITHA TOURISM (OPC) PVT. LTD. Refund Policy; and
vii. The Quality Assurance Standards;
As amended from time to time. SRIADVITHA TOURISM (OPC) PVT. LTD. may notify any such amendments on its website, www.sriadvithatourism.com
(d.) Saleable: shall mean marketable, unused, not expired, not seasonal, discontinued or special promotional products and/services.
(e.) Territory: shall mean the Republic of India.
(f.) Effective Date: shall mean the date of submission of the duly filled Direct Seller Application, subject to Approval by SRIADVITHA TOURISM (OPC) PVT.LTD.
- Distributorship / Direct Selling. SRIADVITHA TOURISM (OPC) PVT.LTD. Appoints, as of the Effective Date, the individual(s) identified in the above Direct Seller Application, or if applicable, the legal entity listed therein (the “Entity”), as a Direct Seller of SRIADVITHA TOURISM (OPC) PVT.LTD. Products and services, and the Applicant(s) (here in after individually or collectively referred to as the “Direct Seller or Distributor”) agree(s) to such appointment. As of the Effective Date and upon receipt of ordering information and completion of any required formalities, the Distributor may, on a non-exclusive basis, within the Territory as may be communicated by SRIADVITHA TOURISM (OPC) PVT. LTD. and otherwise in accordance with the Direct Seller Contract, purchase SRIADVITHA TOURISM (OPC) PVT. LTD. Products from SRIADVITHA TOURISM (OPC) PVT. LTD. in order to sell, distributes and markets the same, and also registers Preferred Customers.
- Duration: This Direct Seller Contract shall remain valid and continue to remain in full force unless terminated earlier by either Party with or without cause as given herein below in Clause 9.
- No Employment Relationship: The Distributor hereby confirms that he/she/they has or have entered into this Direct Seller Contract as an independent contractor. Nothing in the Direct Seller Contract shall establish either an employment relationship or any other labour relationship between the Parties or a right for the Distributor to act as a procurer, broker, commercial agent, contracting representative or other representative of SRIADVITHA TOURISM (OPC) PVT.LTD. When purchasing and selling SRIADVITHA TOURISM (OPC) PVT. LTD. Tour Packages , the Distributor shall operate as an independent vendor, acting in his/her/their own name, at his/her/their own responsibility and for his/her/their own account.
- No Assignment: This Direct Seller Contract is intuited personae entered into on a personal basis, and neither this Direct Seller Contract nor any of the rights or obligations of the Direct Seller/Distributor arising here under may be assigned or transferred without the prior written consent of SRIADVITHA TOURISM (OPC) PVT. LTD.
- Representative(s): The Co-Applicant/Authorized Representative(s) acknowledge(s) that SRIADVITHA TOURISM (OPC) PVT.LTD. will deal exclusively with the Primary Applicant/First Authorized Representative in respect of all SRIADVITHA TOURISM (OPC) PVT .LTD. Business matters, and also pay commissions and/or any other incentives to and in the name of the Primary Applicant / Entity only.
- Payments and Bank Accounts: SRIADVITHA TOURISM (OPC) PVT .LTD. will make all payments on account of commissions, discounts, returns or refunds etc. through bank transfer in favour of the Primary Applicant/Entity only as per the details provided in the Direct Seller Application or as may be updated by the Primary Applicant/Entity in writing from time to time. The bank account must be opened and operated in full compliance with Indian law, including with respect to applicable foreign Exchange laws.
- Obligations of Direct Sellers:
(a.)The Distributor shall not sell any SRIADVITHA TOURISM (OPC) PVT.LTD. Product for a price exceeding the Maximum Retail Price mentioned on the labels of the SRIADVITHA TOURISM (OPC) PVT.LTD products.
(b.)The Distributor shall, throughout the validity of this Direct Seller Contract, strictly adhere to all applicable laws, regulations and other legal obligations hat affects the operation of his/her/their business. The Distributor shall be responsible for obtaining any applicable registration, license, approval or authorization, to carry out the business as Direct Seller, copy of which shall be provided to SRIADVITHA TOURISM (OPC) PVT.LTD. Upon request.
(c.)Direct Sellers for SRIADVITHA TOURISM (OPC) PVT.LTD shall:
- always carry their identity card and not visit the consumer’s premises without prior appointment / approval;
- Truthfully and clearly identify themselves and state the purpose of solicitation to the prospective consumer and state the identity of SRIADVITHA TOURISM (OPC) PVT.LTD. provide complete explanation and demonstration as well as description of the nature of products and services being offered for sale, provide details of prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service, complaint redress mechanism etc.;
iii. Provide a bill and receipt to the consumer for orders placed;
- Subject to applicable legal requirements, maintain proper books of accounts in prescribed forms;
(d.)Direct Sellers for SRIADVITHA TOURISM (OPC) PVT.LTD. Shall not:
- use misleading, deceptive or unfair trade practices for sale or recruitment of prospective direct sellers;
- Require or encourage other SRIADVITHA TOURISM (OPC) PVT.LTD. Direct sellers to purchase SRIADVITHA TOURISM (OPC) PVT.LTD products or services in unreasonably large quantities;
iii. Provide any literature and/or training material, not restricted to collateral issued by SRIADVITHA TOURISM (OPC) PVT. LTD to a prospective and/or existing direct seller which have not been approved by SRIADVITHA TOURISM (OPC) PVT.LTD.
- Require prospective or existing direct sellers to purchase any literature or training material or sales demonstration equipment.
- Strictly adhere to, inter alia, the SRIADVITHA TOURISM (OPC) PVT.LTD. Code of Ethics and SRIADVITHA TOURISM (OPC) PVT. LTD. Rules of Conduct for SRIADVITHA TOURISM (OPC) PVT.LTD Direct Sellers.
- Termination of the Direct Seller Contract.
The Direct Seller may without assigning any reason, after giving written notice to SRIADVITHA TOURISM (OPC) PVT.LTD. Terminate this Contract with immediate effect and this contract would be terminated automatically. A direct seller shall not be entitled to purchase SRIADVITHA TOURISM (OPC) PVT.LTD. Products or services upon serving the notice, In addition to the above:
(a.) SRIADVITHA TOURISM (OPC) PVT.LTD. May terminate this Direct Seller Contract forthwith in case:
- the Direct Seller violates the provisions of the Code of Ethics or the Rules of Conduct;
- For reasons of non-performance of sales of SRIADVITHA TOURISM (OPC) PVT.LTD. Products and services as per the targets defined from time to time, if any,;
iii. For the breach of any provision hereof including but not limited to non-compliance to Rule 4.2.1 and Rule 4.10 of the SRIADVITHA TOURISM (OPC) PVT.LTD. Rules of Conduct;
- For the breach of Direct Selling guidelines published by the Government of India or any State Government;
- Due to misrepresentation by the Direct Seller to any consumer or prospective Direct Seller; or
- due to legal, regulatory or other developments that require material operational changes within the Territory, in which case SRIADVITHA TOURISM (OPC) PVT.LTD. may, if regulatory conditions allow, endeavor to restructure the contractual relationship with the Direct Seller on such terms and conditions as are then practical and legally permissible.
(b.) SRIADVITHA TOURISM (OPC) PVT.LTD. shall also have the right to terminate this contract by giving 30 days’ notice in writing if the Direct Seller fails to make any purchase or sale of SRIADVITHA TOURISM (OPC) PVT.LTD. products or services for a consecutive period exceeding 12 months. SRIADVITHA TOURISM (OPC) PVT.LTD. may from time to time amend any of the documents comprising the Direct Seller Contract through notice on its website, www.sriadvithatourism.com. If the Distributor does not agree to be bound by such amendment(s), he/she/they may terminate the Direct Seller Contract with immediate effect by giving a written notice to SRIADVITHA TOURISM (OPC) PVT.LTD. Otherwise, the Distributor’s continued relationship with SRIADVITHA TOURISM (OPC) PVT.LTD. constitutes an affirmative acknowledgment by the Distributor of the amendment(s), and his/her/their agreement to be bound by the same.
- Severability. If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and Effect.
- Governing Law. The Direct Seller Contract and all questions of its interpretation shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its principles of conflicts of laws. The Agreement is civil in nature and hence, it is to be governed and construed in accordance with the Indian Contract Act, 1872, the Code of Civil Procedure and other applicable laws of India.
- Dispute Settlement. The parties shall endeavor to settle any dispute or difference arising out of or in connection with the Direct Seller Contract through mutual discussions within 30 days of such dispute arising. The Direct seller agrees that in the event it is not satisfied by any decision of SRIADVITHA TOURISM (OPC) PVT.LTD. or in the event that any issue raised by the Direct seller has remained unresolved for a period of more than two months, and / or during the subsistence of this agreement or upon or after its termination, any issue or dispute that the Direct seller may have regarding the interpretation or operation of the clauses of this arrangement or any issues arising there from shall be referred to Grievance Redress Committee set up by the company. Any dispute, difference or claim remaining unresolved post reference to the Grievance Redress committee discussions shall be submitted to binding arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be at New Delhi and the award of the Arbitrator shall be final and binding on all Parties. Subject to the above, courts at New Delhi shall alone have jurisdiction in relation to the Direct Seller Contract and matters connected here to.
- Limitation on Liability. SRIADVITHA TOURISM (OPC) PVT.LTD’s. liability, whether in contract or otherwise, arising out of or in connection with this Direct Seller Contract shall not exceed the less of(a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the Parties or; (b) the total commission earned by the Distributor during the six-month period preceding the date of the dispute.