Indian odyssey terms and conditions
IMPORTANT: We recommend that you read the booking conditions carefully before you book your holiday. These booking conditions include important information and set out contractual terms and conditions that apply to any booking(s) that you make with Indian Odyssey, Registered office 24 Viewfield Road, Aberdeen, AB157XP. (Indian Odyssey & Select Odyssey are travel divisions of Engenuity Consultants Ltd. Regd. No. SC270553)
In these terms and conditions, “we”, “us” and “our” means Indian Odyssey. References to “you”, “guests” and “your” refers to all persons named on the booking, except where otherwise stated. References to “arrangements”, “travel arrangements”, “trip” and “itinerary” means the travel arrangements Indian Odyssey agree to book and make for you in accordance with our contract.
These conditions apply to all bookings for holidays with Indian Odyssey and together with the relevant information provided by us and or the agreed itinerary form the basis of your contract with Indian Odyssey.
1. BOOKING YOUR TRAVEL ARRANGEMENTS
a) After selecting your holiday and reading the booking terms and conditions, please send us the booking form with the appropriate nonrefundable deposit. On receipt of your booking request, a confirmation invoice will be sent to you, normally within 12 working days. No contract exists until we send you a written confirmation of your holiday. In case of independent tour, the confirmation invoice would state your requested holiday costs and you will be advised of any arrangements which are still on request and not confirmed at the time the confirmation was issued. Thereafter, you would be kept updated with the progress made. In case of group tour or a escorted journey, you would be advised of availability straightaway.
b) A non-refundable deposit of £350 per person (or as indicated in your quote/tour brochure) is payable at the time of booking of the holiday. Some hotels/resorts might require a higher deposit especially during peak season. You would be informed of any such requirements at the time of booking. In case you book less than 12 weeks before departure, the total cost of the holiday is payable at the time of booking.
c) The balance of the price of your holiday must be paid at least 12 weeks before the date of departure (or as indicated in your quote/tour brochure). In case the balance is not paid in time, we reserve the right to cancel your booking and retain the deposit.
d) Any special requests should be indicated on the booking form or made in writing. Indian Odyssey will try to accommodate such requests, but cannot guarantee that they will be met. Furthermore, we will not be liable if any special request is not met unless the request relates to a medical condition or disability and Indian Odyssey specifically confirms it in writing. Confirmation that a special request has been noted or passed on to the supplier of the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the special request will be met. Unless and until specifically confirmed, all special requests are subject to availability. Indian Odyssey cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request.
e) If you or any member of your party has any medical problem or disability that may affect your holiday, you must inform us before you confirm your booking so that appropriate advice can be given regarding the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation, or, if full details are not given at the time of booking, cancel when we become aware of these details. You must keep us updated in relation to any change or deterioration in any medical condition or disability,
f) All communications will be sent to the address of the first person named in the booking form unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
2. YOUR RESPONSIBILITIES
a) It is your responsibility to ensure you have a passport valid for at least 6 months after your return from your destination.
b) You are responsible for checking in for flights at the correct time and for presenting yourself to take up all pre-booked components of your arrangements. Indian Odyssey will not accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your travel arrangements. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
c) Indian Odyssey strongly advises that all our guests take out comprehensive travel insurance that covers personal liability, personal accident, medical expense (including medical air evacuation) and cancellation. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate your individual needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising.
d) Details of any travel or other arrangements which you make in conjunction with your Indian Odyssey arrangements ( i.e. separate flights, hotels and/or transfers) which are not booked through Indian Odyssey, must be given to us as soon as possible. Indian Odyssey cannot be held responsible for any inaccurate or incomplete information you give us or for the effect of this on your confirmed itinerary. Any expense or charges Indian Odyssey incur in amending the itinerary as a result of such inaccurate or incomplete information will be your sole responsibility and Indian Odyssey will not be responsible for any inconvenience, loss or damage you suffer.
e) You are responsible for ensuring all travel documentation is in order as soon as you receive them. Please ensure all names are exactly as stated in the relevant passports. Having copies of these documents and taking them with you is recommended. If there is any aspect of the information provided by Indian Odyssey that is incorrect or incomplete, contact Indian Odyssey immediately as it may not be possible to make changes later. Indian Odyssey cannot accept any liability if not notified of any inaccuracy (which is the fault of Indian Odyssey) in any document within 10 days of sending it out (5 days of tickets). Indian Odyssey will do its utmost to rectify any mistakes notified outside these limits but you must meet any costs involved in doing so.
f) All guests staying with us are expected to conduct themselves in an orderly and acceptable manned and not to disrupt the enjoyment of other guests. If in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to casue delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party will may also be required to pay for loss and/or damage caused by your actions and well hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must
be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including leagal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
3. ALTERATION TO YOUR HOLIDAY
3.1 ALTERATIONS BY YOU
a) If you wish to make any amendments to your travel arrangements, after we have issued a confirmation invoice, we would do our utmost to make all the changes as required by you. However, we would require a written notification from the person who signed the booking form at least 5 weeks before the date of departure. This must be accompanied by a payment of £50 per person to cover our administration costs. Additional charges may apply for change of departure date; a change made during peak season or in case payments have been already made to the suppliers.
b) If you wish to make any amendments after your holiday has begun, we would do our utmost to implement it, but we cannot guarantee that it will be possible. Any costs incurred in making such amendments would be passed on to you and the unavailed part of the previously booked holiday would be liable to 100% cancellation charge.
3.2 ALTERATIONS BY US
a) It is unlikely that we will make any changes to your travel arrangements, as we plan the arrangements months in advance. We cannot rule out occasional changes, which can be either minor or significant changes.
b) If there is a minor change we will, if reasonably practicable, advise you of the change before your departure, but we are not obliged to do so or pay any compensation towards it. A minor change is any change apart from the significant change as described below.
c) A significant change is one, which involves omission of a featured overnight stop or change in standard of accommodation or rescheduling departure dates for escorted/group journeys. When such a change takes place we would advise you as soon as is reasonable possible and offer you revised arrangements. You would then have a choice to either take up the revised arrangements (in case of lower price, we refund you the difference or advise supplement for higher standard arrangements) or to withdraw from the contract with full refund of all monies paid. In case such a change takes place at 8 weeks or less prior to your departure for reasons within our control, we would offer you compensation of £25 per person i.e. only if you have paid the full price of the holiday by the prescribed
d) No compensation will be paid under circumstances caused by force majeure i.e. war or threat of war, civil strife, industrial dispute, terrorist activity, accident, natural or nuclear disaster, fire, adverse weather conditions, airline failure, airport disruptions (closure or strikes).
3.3 PRICE CHANGES
a) All prices show on the website are accurate and are regularly updated. However, unless you choose to pay for your holiday in full at the time of booking, the price of your holiday is, regrettably, subject to the possibility of surcharges in certain limited circumstances. However, a surcharge will only be levied in the event of variations in transportation costs, (including costs of fuel and increases in normal published airfares), taxes or fees chargeable for services such as landing taxes at airports or currency fluctuations. Even then, Indian Odyssey will absorb an amount equal to 2% of your holiday price (excluding amendment charges and any insurance premiums) before passing on any surcharge to you. Only amounts in excess of this 2% will be charged. Surcharges will be notified by a revised confirmation invoice sent to you (or your travel agent). No surcharge will be levied within 30 days prior to the departure date. If the surcharge would increase the total holiday price shown on your original confirmation invoice by 10% or more, you may cancel your booking within 14 days of the date of issue of the revised confirmation invoice and obtain a full refund of all payments made to Indian Odyssey. Alternatively, you may purchase a different holiday from us.
4. ENTERTAINMENT, RIDES, ARTISTS & CONCERTS
a) All information provided in tour details is done so in good faith. We cannot accept responsibility for the non- appearance of any artist/ special guest or the cancellation/ withdrawal/closure of any event/concert/entertainment or ride (eg. boat rides) for whatever reason. Should any such situation arise the tour arrangements will still proceed. We will not be in a position to advise you in advance of any such cancellation etc. Such situations will not constitute a significant change to your holiday arrangements entitling you to cancel or change to another holiday without paying our normal charges and no compensation will be payable.
5.1 CANCELLATION BY YOU
a) Should you wish to cancel your holiday, you must notify in writing to Indian Odyssey as soon as possible. Your holiday would be deemed to be cancelled only on the date we receive your written request. If your cancellation is due to circumstances beyond your control, you may be able to claim the monies through your travel insurance depending on the terms and conditions of the travel policy. Your cancellation will attract the following cancellation charges depending on the number of days Indian Odyssey receive your notice of cancellation:
Itineraries which do not include Bhutan
Days prior to departure date advice of cancellation received % of total itinerary cost
More than 70 days Loss of deposit
69 – 29 days 40% of total cost
28 – 14 days 75% of total cost
13 days or less 100% of total cost
Itineraries which include Bhutan
Days prior to departure date advice of cancellation received % of total itinerary cost
More than 70 days Loss of deposit
70 days or less 100% of total cost
5.2 CANCELLATION BY US
It is unlikely that we would cancel your holiday. However, we reserve the right to cancel your holiday (without assigning reasons) at any time over 8 weeks before your departure date. In case such a cancellation does take place, we would offer you an alternative holiday or you would have the choice of refund of all monies paid by you. In case we cancel your holiday within 8 weeks of your departure date, it will be due to reasons of force majeure or failure on your part to make the final balance payment for your holiday.
6. INCLUSIONS AND EXCLUSIONS
We detail the inclusions and exclusions (if not stated, any element not included in inclusion list) in the tour along with price of the tour and it is deemed that you have clearly noted them before you made booking with us. In case you have any clarifications, you are requested to ask us before making booking with us. Upon confirmation of your booking we assume all inclusions and exclusions noted within your itinerary are acceptable to you, any amendments after confirmation may result in additional costs (refer to clause 2e and 3.1a)
7. TRAVEL DOCUMENTS
Travel documents are normally sent to you approximately 2 weeks before departure date. These include international flight tickets (if purchased from us), final itinerary, detailed service voucher, local/ regional 24 hrs contact at your destination, some useful suggestions including tipping etc. Vouchers for hotels and internal travel etc. are delivered by our representative on your arrival at the destination.
8. IF YOU HAVE A PROBLEM
Indian Odyssey and its staff/associates always do their best to ensure that you have an enjoyable holiday. However, in case you are dissatisfied and have a complaint, you should immediately advise your local representative. If your complaint is not resolved you should contact us (email or fax) immediately. If the complaint is still not resolved, please register a written complaint to us within 10 days of your completing the tour along with supporting documentation (even if you have not returned to UK). Failure to take any of these steps will deny Indian Odyssey the opportunity to resolve it immediately and/or to investigate it properly. We will not accept liability for any complaint that was not notified to our local/regional representative and to Indian Odyssey in writing at the relevant time.
Your holiday contract with us is made on the terms of these booking conditions which are governed by Scottish Law and the jurisdiction of the Scottish courts.
10. OUR LIABILITY
a) We do not accept any responsibility for the failure of the airline and/or flight/ticket provider and in the event of any such failure; we are not liable for any compensation or refund. All Indian Odyssey clients travel by scheduled airlines and in the event of a departure being delayed, your welfare will be responsibility of airline involved. Of course, Indian Odyssey, its agents and representatives would always give as much additional assistance as reasonably possible.
b) Indian Odyssey will take every step to ensure that your tour arrangements are of appropriate standard. All descriptions, information and opinions are given in good faith based on the latest information available to us. Please note that appropriate standards would be those prevalent in your destination, which may not be same as Western standards. In the unlikely event that any part of the holiday is not provided as promised, for reason within our control, we will pay you appropriate compensation, if this has affected your enjoyment of the holiday. Our liability in all cases shall be limited to a maximum of the price of the holiday.
c) If any client suffers death, illness or injury whilst overseas, arising out of any activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance but are not liable for the consequences of such independent act.
d) Indian Odyssey acts only in the capacity of agents for the hotels, airlines, bus companies, railroads, shipping lines or owners or contractors
providing accommodations, transportation or other services. As a result all coupons, receipts or tickets are issued subject to the terms and conditions specified by the supplier. By acceptance of tour organisation through Indian Odyssey the participant agrees that neither Indian Odyssey nor its subsidiaries shall be held liable for any injury, damage, loss, delay, or irregularity caused by person not controlled by it, such as, (without limitations) airlines, bus and shipping companies, suppliers of accommodation, transportation or other services, or resulting from any acts of God, defects in vehicles, strikes wars, whether declared or otherwise, civil disturbances, medical or customs regulations, acts of terrorism, epidemics or government restrictions. Indian Odyssey cannot be held responsible for any additional expenses or liabilities sustained or incurred by the participant as a result of the above mentioned causes.
11. FINANCIAL SECURITY
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non- provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme