TERMS AND CONDITIONS
Please read the following terms and conditions carefully. You must not make and accept any booking unless you understand and agree with the following terms and conditions (‘Terms and Conditions’). References to “us”, “we”, “our”, ‘Company’ and/or “” in these booking terms and conditions shall mean India Private Limited. References to ‘You’, ‘Client’ and/or ‘Customer’ means the person/s in whose name and/or on whose behalf the booking is made and/or whose name is on the Checklist and invoice. References to ‘supplier’ and/or ‘third party providers’ means supplier or provider of any travel related products and services from visa counsellors, passport officers and other relevant governmental agencies (such as DGCA), airlines, restaurants, theme parks, cruises, foreign exchange dealers, caterers, railways, car rental operators, tour operators, hotels, courier companies, transportation and logistics companies etc. We will rely on the authority of the person making the booking to act on behalf of any other travellers/persons on the booking and that person will bind all such other travellers/ persons to these Terms and Conditions. References to ‘Checklist’ means the checklist to be signed by the Client for each booking and forming a part of the Terms and Conditions.
PRICES
All prices are subject to availability and can be withdrawn or varied without notice. Prices quoted are subject to change at any time until full payment is received from the Client and tickets issued. Price changes may occur by reason of matters outside our control which increase the cost of the products or services. On account of such price change, Holiday Waves reserves the right to recover applicable surcharges to make up for foreign currency fluctuations, changes in the various cross rate of exchange, fuel costs, interest rate on holiday loans and the like if any. Further, we reserve the right to correct any pricing errors or omissions.
CANCELLATION FEES
We are unable to provide a refund to you until we receive the funds from the relevant supplier/ third party provider. Cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced or not. Fees will also apply where a booking is changed, or tickets or other travel documents are re-issued. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify and reimburse us the amount of that fee or charge.
As the tour/services to be provided to you are booked in advance from the relevant supplier/third party providers, cancellation of such services earmarked for such product or service, the terms and conditions and cancellation policy of the relevant supplier/third party providers would be applicable in addition to the Holiday Waves Terms and Conditions. Any cancellation of tour / services must be in writing clearly stating the reasons for cancellation. You expressly agree to the foregoing terms. Upon cancellation, Holiday Waves has the right to levy such cancellation charges as may be levied by the relevant supplier/third party provider from time to time. Such cancellation policies may be subject to change without prior intimation.
BOOKING AMOUNT AND FINAL PAYMENT
We require a minimum deposit as booking amounts as per the below chart per person at the time of booking. Your service provider will require amounts towards the bookings which amounts are non-refundable, non-transferable and interest free amounts. Final payment for the relevant booking is required no later than 6 weeks prior to departure unless otherwise stated on your invoice. Some airfares or services must be paid in full at the time of booking. The amounts mentioned below are mandatory, non-refundable and interest free booking amounts. However depending on the seasonality to the destination of travel, peak period, any events (such as trade fairs, exhibitions, etc), the booking amount is subject to change without prior notice. Accordingly, our travel consultant shall advice you the amounts payable at the time of booking
In case of third-party bookings, the non-refundable booking amount shall change depending upon the associated partner.
FORFEITURE OF BOOKING AMOUNT
Holiday Waves has the right to forfeit the booking amounts and recover cancellation charges in the event: (a) the tour/booking is cancelled by the Client (including on grounds of medical reasons); and/or (b) non-adherence of payment schedule as intimated by the travel consultant to the Client.
METHOD OF PAYMENT – CREDIT CARD TRANSACTIONS, ELECTRONIC TRANSFER AND PAYMENT BY CHEQUE
Prices are valid for payment by Credit card, cheque or bank transfer. Cheques are accepted but take up to four (4) business days to clear, you agree that you will not seek to charge back your payment to Holiday Waves. Please note that electronic payments may take up to two (2) business days to process. If you are paying by this method you will need to pay at least two (2)business days prior to the actual due date. Please provide us with the bank confirmation number of the electronic payment made for faster reconciliation at our end. You must notify your consultant of your payment once it has been made. Where you pay by cheque, you agree not to stop payment of the cheque even when you cancel a booking. You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of cancellation fees, before refunding the balance to you. Travel documents will not be issued until full payment with cleared funds is received.
As per the government of India regulations, customers will have to provide photocopies of their Income Tax PAN (Permanent Account Number) card to Holiday Waves, for all bookings above INR 25000 in value.
TAXES
All monetary consideration to be paid by the Client is exclusive of Service Tax (GST), where applicable. If Service Tax (GST) is imposed on a supply of Services made pursuant to a booking, the recipient of that supply of Services i.e. the Client must pay an amount equal to the Service Tax (GST) payable in respect of that supply of Services.
All amounts payable by the Client shall be paid free and clear of all deductions or withholdings. However, should either Holiday Waves or the Client are required by Law to make a deduction or withholding from any amount payable for a booking, then such party will be responsible to pay the deductions or withholding and remit any necessary filings to the appropriate government authority. Such party shall use its reasonable efforts to provide evidence of the deduction or withholding to the other party so that the other party can claim a tax credit for such deduction or withholding. In the event that a party cannot obtain the relevant documentation necessary to claim a tax credit for the deduction or withholding, then the other party remains obligated to pay the party for the amount of tax deducted or withheld. Both Holiday Waves and the Client agree to reasonably and in good faith cooperate with each other in the determination and administration of each Party’s tax collection and remittance responsibilities.
Certain taxes are mandatory in various countries. There may also be an additional local tax charged at some airports. All taxes are subject to change without notice. Some countries have local city/government tax which must be paid directly at the hotel/services used. The same are not a part of the package cost.
HEALTH AND TRAVEL INSURANCE
Client must ensure that the Client is aware of any health requirements and recommended precautions relevant to your travel and ensure that the Client carries all necessary vaccination documentation. In some cases, failure to present required vaccination documentation may deny you entry into a country. We recommend that the Client consult with their local doctor or travel medical service before commencing your travel. Advice on health requirements may be obtained from the Department of Health leaflet Advice on Health for Travelers, which may be obtained from the Department of Health of the country that will be visited.
In case the Client decides to obtain travel insurance, it should be noted that that Holiday Waves acts as a mere facilitator and that the contract of travel insurance is directly between the Client and the insurer. Client should check all the details of the travel insurance and in case of any error or lapse, report the same to be communicated to the Insurer directly and get the same rectified by them, as Holiday Waves would not be responsible for the same. If the Client declines travel insurance, Client may be required to sign a disclosure. All Clients not possessing valid travel insurance are travelling at their own risk.
FOREIGN EXCHANGE
Foreign Exchange utilization for the purpose of Land arrangements/ self use will be done from the individual BTQ Quota only. Payments will be accepted in accordance with the rules and regulations laid down by Reserve Bank of India. shall be required to provide such KYC documents as may be requested by Holiday Waves at the time of booking/ receiving the booking amounts.
Only the rupee value of the foreign exchange equivalent to INR 50,000/- in cash can be paid towards buying Forex and towards transactions involving forex remittances towards bookings/purchasing services. If the rupee value of the foreign exchange exceeds INR 50,000/-, then the entire amount has to be paid by Cheque, Demand Draft, Pay order, NEFT.
AGENCY
Holiday Waves acts as a travel agent only. We sell various travel related products on behalf of numerous suppliers/ third party providers such as transport, accommodation and other wholesale service providers, airlines, coach, rail and cruise line operators. Holiday Waves obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We exercise care in the selection of reputable service providers but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. We have no responsibility for these services nor do we make or give any warranty or representation regarding their standard. All bookings are made on Client’s behalf subject to the terms and conditions, including conditions of carriage and limitations of liability imposed by these service providers. Your legal recourse is against the specific provider and not Holiday Waves. If for any reason, any travel service provider is unable to provide the services for which you have contracted your remedy lies against the provider and not with Holiday Waves. If you have any issues or problems whilst travelling, please contact your travel agent prior to making any adjustment to your booking. Holiday Waves will not be held responsible for any costs incurred as a result of decisions made without prior agreement from your agent. Holiday Waves will not be liable for any delays/deficiencies of any services provided by the suppliers/third party providers.
BAGGAGE
In all circumstances and at all times it is the sole responsibility of the Client to take care of their baggage and personal effects and Holiday Waves shall not be liable for any loss of baggage/personal effects of the Client by airline/cruise/coach or any other carrier. It is advisable to carry valuables on person at all times and deposit the same in lockers, boxes etc. (whenever available). The Company or its representative/s will not be responsible for loss of valuables or for making good such loss.
Clients traveling by air will be subject to the airline restrictions/limitation on baggage weight/size/pieces as may be advised by the travel consultant at the time of booking. These will be subject to change without prior notice.
LIABILITY
We always do our best to make sure your holiday arrangements are satisfactory. However, we cannot accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of these service providers, over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of that particular purchased travel arrangements in respect of which claims arise. We do not accept any liability in contract, tort or otherwise for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. In particular, but without limitation to these conditions, we accept no responsibility for any loss, damage or injury you suffer as a result of terrorism, war (including civil-war), coup, riot, civil disturbance or any type of criminal act. It is your responsibility to inform yourself about the safety and security situation in the places you are travelling to.
Under no circumstances shall the Company be liable to the Client and/or travellers/persons travelling with the Client for any personal injuries, sickness, loss of baggage or denial of visas. In any case, the Company shall not be liable towards any consequential loss, damage or extra costs suffered by the Client for any reasons whatsoever.
FREQUENT FLYER
Please advise your consultant of your frequent flyer details. Your consultant will pass these details on to the relevant supplier but cannot guarantee that the supplier will credit points for your booking. Please retain all boarding passes to allow verification of your travel if required. In case of hotel loyalty cards, please check with the hotel front office at the time of check-in for crediting the loyalty points.
PASSPORTS AND VISAS
All individuals departing from India must be in possession of a valid passport and relevant visas. When assisting with international travel, Holiday Waves assumes that all travellers have valid passports. It is your responsibility to ensure that you have valid documentation, including but not limited to passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. All the expense incurred for the visa/passport interview shall be borne by you and is not a part of the package cost. The Client is personally responsible for ensuring that they have a valid passport, relevant visa/s.
Issuance of visas depends on the sole discretion of the visa counsellor /consulate and Holiday Waves shall only act as a representative on behalf of the Client for the purposes of submitting the visa applications and related documents. All the visa related application(s) and document(s) in respect of the visa processing shall be duly submitted to Holiday Waves as per the relevant visa guidelines and within the timelines, as advised by Holiday Waves from time to time. In the event the visa application made by the Client or by Holiday Waves (as the case may be) on his/her behalf is rejected by the visa counsellor/consulate due to either inadequate supporting documents or for whatever reason or where the visa could not be processed due to late submission of application by the Client, Holiday Waves shall not be liable for such rejection under any circumstances. Rejection of visa shall lead to forfeiture of booking amount paid and no claim whatsoever shall be entertained for the same. The decision of visa grant, duration of the visa validity, number of entries permitted in respect of each such visa as well as the timelines for communicating visa decisions is at the sole and absolute discretion of the visa counsellor/consulate and Holiday Waves shall have no liability whatsoever.
RE-CONFIRMATION AND FLIGHT DEPARTURE TIMES
You must reconfirm your flights and check for reschedules on your onward and return flights at least 24 hours prior to each journey as departure times can change.
REFUND
Holiday Waves reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a tour due to Force Majeure or any other circumstances. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, airlines, coach operators, etc. and the decision of Holiday Waves on the quantum of refund shall be final. Even in case of tour for which the payment was made in foreign currency with or without part payment in Indian rupees, the said refund shall be made only in Indian rupees at the prevailing buying rate of exchange on the date of refund as per existing Rules & Regulations.
Refunds (if any) for amendments and / or cancellations will be paid directly to the Client by Holiday Waves. In case of refund in foreign currency component, the said refund shall be made in Indian Rupees only at the prevailing buying rate on the date of refund as per existing statutes, rules and regulations. It would take at a minimum of sixty (60) business days to process such refunds
In case of Holiday Waves exercising its discretionary rights to alter, amend or cancel any tour or holiday advertised, the Client who has booked for such tour can exercise one of the following options:
- To continue with the tour as altered or amended; or
- To accept any alternative tour, which Holiday Waves may offer; or
- To unconditionally accept the return of the tour cost charges (after deduction of the actual expenses incurred by us on your booking like visa, travel insurance, ticket voiding charges and other overheads as applicable from case to case) in full and final settlement and Holiday Waves shall not be liable to pay the Client, compensation, consequential loss, damages, additional expenses or interest charges over and above as is computed by Holiday Waves as per these ‘Terms & Conditions’. The Client will not be entitled to make any grievance or any claims thereafter in respect of the same.
In case of the Client travelling on an amended tour, the legal relation between the parties shall not change only by virtue of the altered/amendment. The Client opting to continue with the tour arrangements as altered or amended shall pay additional charges, if any, levied by Holiday Waves.
There shall be no refund if the Client does not or cannot utilise any service included in the tour cost or paid for services like meals, rooms, entry tickets, excursions etc., nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.
In any case, the Company shall not be liable towards any consequential loss, damage or extra costs suffered by the Client for any reasons whatsoever.
TRAVEL DOCUMENTS
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm a travel and accommodation related arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. All travel documents are non-transferable. All airline tickets must be issued in the name of the passport/photo identity holder, some carriers will deny carriage if the name varies between the travel documents and the airline tickets, and the booking may be cancelled subject to cancellation charges. Please review your travel documentation carefully and advise us immediately of any errors in the details as set out in the Checklist. Any errors in names on your travel documentation will be your responsibility if not advised at the time of booking. It is your responsibility to collect all travel documents from us prior to travel.
PRIVACY POLICY
Holiday Waves is committed to protecting the privacy and confidentiality of personal information. Click here to view our Privacy Policy.
Our Privacy Policy is available for viewing at www.Holiday Wavesindia.com/privacy or in store.
PARTICIPATION ON TOURS, PUNCTUALITY, MEALS, ETC.
Holiday Waves is not responsible for any liability including missed sightseeing or subjecting to alternate travel arrangements if you fail to meet the local concerned representative at assigned timings and pick-up points. Holiday Waves shall also not refund any cost or expenses incurred for termination of services to be provided due to unacceptable behaviour on tour/services.
GRATUITIES
It is not a part of the cost quoted/invoiced for services requested. Though it’s a norm to give gratuities for service that you may like, but the same is discretionary.
SPECIAL EVENTS
During Sundays, local Holidays, special events or religious occasions, certain facilities such as Shopping, places of pilgrimage, sightseeing tours and Art Galleries/ Museums may be limited or not available to access, alternatives shall be offered whenever possible. However, Holiday Waves cannot be held responsible for any closure or necessary change in itinerary.
In case of Tours/sightseeing
- Holiday Waves may operate more than one coach per departure date
- Reverse the directions/slightly amend the itinerary
- Client shall reach the appointed place at the designated date and time
- No entitlement for refund where the Client misses the whole/part of the tour/sightseeing due to delay or any other reason whatsoever on its part
- Client shall behave in a diligent, cordial, and courteous manner and avoid any distress or cause annoyance to co-travellers or engage in quarrels with the co-travellers, abstain from acts which may damage the property of the Company, co-travellers or any others.
MEALS
All meal preferences should be indicated by the Client at the time of booking.
GOVERNING LAW
If any dispute arises in relation to the agreement between you and us as constituted by these Terms and Conditions or otherwise, the laws of India will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Bangalore and waive any right that you may have to object to an action being brought in those courts.
MONIES NOT HELD ON TRUST
Person booking or contacting with Holiday Waves must be 18 years of age or older and agree and undertake that they have authority to bind all passengers that they book on behalf of under the same Terms and Conditions.
BROUCHER ACCURACY
We endeavour to ensure that the contents of the brochure are accurate. The brochure describes amenities/services/activities that are available under normal circumstances; however such amenities/services/activities are subject to change due to events beyond the control of the Company such as strikes, festivals, traffic, bad weather, over booking of flights/hotels, rescheduling/rerouting/cancellation of flights rail or roadways, closure of / restricted entry at a place of sightseeing. We will undertake efforts to inform the change (if any) to the Client prior to or during booking of the package, tour etc, or else, our tour manager or local representative will inform you of the same. We appreciate your understanding and solicit your full co-operation in accepting such circumstantial changes. We will not be liable for any defect or deficiency in services on account of any changes in the amenities/services/activities mentioned in the brochures.
AGREEMENT
By signing these Terms and Conditions and payment of booking amounts, the Client (either through himself or its representative) accepts the booking conditions mentioned herein, not only on his behalf but on behalf of all the travellers/persons mentioned in the Checklist. The signing of the Terms and Conditions shall mean acceptance by the Client in totality of the Terms and Conditions contained herein. Holiday Waves reserves the right to decline to book any person/s without assigning any reason whatsoever. Signing of the Terms and Conditions shall legally bind the parties into a contract.
Until Holiday Waves has received the amount specified as non-refundable interest free booking amount in Booking Amounts and Final Payments above, there shall be no legal and binding contract between the parties. The payment in full shall be received as per the procedure mentioned in Deposits and final payments above. In case of any deviation with the process of payment Holiday Waves reserves the right to terminate the booking with resultant forfeiture of booking amount and apply cancellation charges as may be applicable from time to time. Any payment made by the Client would not constitute payment to Holiday Waves until the same is remitted to the account of Holiday Waves.
It is hereby declared that the immunities provided under these Terms and Conditions shall be available to the Company’s Directors, employees, officers and Agents. No person including the employee/s and the agent/s of the Company even in writing has the authority to alter, amend, modify or waive any stipulation, representation, term or condition set forth in this document. Also assurance of any service or facility given by any employee/ agent of the Company, which is contrary to what is set forth in the brochure, price grid, and invoice, shall not be binding on the Company under any circumstance whatsoever. All tours are subject to prevailing laws, rules of RBI/GOI. Rights of admission to the tour expressly reserved.
Client hereby agrees to waive any rights to challenge the validity or enforceability of these Terms and Conditions on the ground that the agreement created by acceptance of these Terms and Conditions was made electronically.