Booking Terms & Conditions

1.1

In these Terms:

• “Company”, “we”, “us” and “our” mean Wilson & Hughes India Private Limited (CIN: U43299CH2024PTC045689), a company incorporated under the Companies Act, 2013, having its registered office at (35, 100 Feet Road, Ghitorni, New Delhi, Delhi 110030), trading under the brand “Cox & Kings”.
• “You”, “your” and “Client” mean the lead passenger in whose name the booking is made, the person making the booking, and every person named in the booking.
• “Booking Form” means our printed or electronic booking form, including acceptance by OTP.
• “Tour” means the tour, holiday package or travel arrangement you have booked.
• “Tour Cost” means the total price payable for the Tour, exclusive of taxes, visa fees, insurance premium and any amount described as payable separately.
• “Independent Contractor” means any airline, hotel, cruise line, railway, ferry operator, coach or transport operator, restaurant, guide, activity operator, insurer or other person selected by us to provide any part of the Tour.
• “Departure Date” means the scheduled date of commencement of the Tour stated in your confirmation.
• “GST” means Goods and Services Tax. “TCS” means Tax Collected at Source. “RBI” means the Reserve Bank of India.

1.2

Headings are for convenience only. The singular includes the plural. “Including” means “including without limitation”. “Days” means calendar days unless stated as business days.

2.1

These Terms govern every booking made with us. They prevail over our brochures, itineraries, website, advertisements, quotations and correspondence to the extent of any conflict.

2.2

Where the Tour includes a product supplied by a third party — for example a cruise line, a visa assistance, a rail journey or an airline — that supplier’s own terms, including its payment, amendment and cancellation rules, apply in addition to these Terms and prevail over these Terms in respect of that product.

2.3

Only the Company, in writing and signed by an authorised signatory, may vary, add to, waive or override any part of these Terms. No employee, representative, tour manager or travel agent has authority to do so, and no oral assurance given by any person has any effect.

2.4

We may update these Terms at any time. The version in force on the date of your booking confirmation applies to your booking, except where a change is required by law.

3.1

There is no contract between you and us until we have received the minimum booking deposit.

3.2

Payment of the deposit registers your booking only. It does not entitle you to any service — including ticketing, visa processing or hotel confirmation — until the Tour Cost is paid in full.

3.3

Where one person signs the Booking Form, or accepts the OTP, for a group, that person is deemed authorised to act for every person named in it. Notice we give to that person is notice to all of them, and any request from that person, including a cancellation or amendment, binds all of them.

3.4

We may decline to register any person for any Tour, or cancel a registration, without giving reasons. Where we do so before departure for a reason other than your breach of these Terms, we will refund the amount you have paid, without interest.

4.1

We are travel organisers and agents. We select and book Independent Contractors on your behalf. We do not own, operate or control any airline, hotel, cruise ship, coach, railway, activity operator or other facility used on the Tour.

4.2

We take care in selecting Independent Contractors. We are not responsible for any act, omission, default, negligence, delay or deficiency in service by an Independent Contractor or its management or employees, or for any injury, illness, death, loss or damage arising from it.

5.1

Prices are calculated on the rates, exchange rates, fuel costs, taxes and levies prevailing on the date of quotation or publication, and remain subject to change until the Tour Cost is paid in full.

5.2

We may revise the price before departure if there is any change in exchange rates, airfares, fuel or transport costs, supplier or hotel rates, government levies or taxes, or in the size of the group. Any increase is payable in full before departure. Any increase arising during the Tour is payable on tour.

5.3

We may adjust the price, and the payment and cancellation terms, for departures affected by peak or blackout periods (such as Christmas, New Year, festivals and major sporting or cultural events), force majeure events, extreme weather, or changes in wildlife migration or flowering patterns. Any such adjustment will be notified to you at the time of booking.

5.4

Prices, inclusions and service standards vary between products and between departures of the same product, and are not comparable across products.

5.5

The price does not include anything not expressly listed as included. Excluded items include visa fees, insurance premium (unless stated), airport taxes and development fees, tips, porterage, laundry, telephone, internet, minibar, paid television, optional excursions and expenses of a personal nature.

6.1

The minimum booking deposit is payable when you book. It holds your booking on a confirmed basis.

6.2

The balance is payable as set out in the package booked by you.

6.3

If you do not pay on time we may charge interest at 12% per annum, calculated on a daily basis, on the overdue amount; and we may cancel your booking, forfeit the amount already paid, and recover any shortfall from you as cancellation charges.

6.4

If any cheque or other instrument is dishonoured, you will pay INR 500 for each instrument, and we may take such legal action as we are advised.

6.5

We may re-invoice to correct a billing error.

7.1

Payments made in Indian Rupees towards the foreign exchange component of the Tour are converted at our prevailing rate of exchange on the date the payment is received. All currency fluctuation is borne by you.

7.2

Foreign exchange is released against the documentation required by the RBI from time to time, including the A2 form, passport copy and PAN card copy, and forms part of your Basic Travel Quota (BTQ).

7.3

The card or bank account debited for the foreign exchange component must belong to the traveller. You may pay for a dependent parent or child, but not for any other person. HUF accounts may not be used.

7.4

We don’t allow payment in foreign exchange notes.

7.5

If you hold a passport issued by a country other than India, the foreign currency component must be paid in foreign currency and not in Indian Rupees.

7.6

A copy of your PAN card is mandatory where a single payment exceeds INR 50,000, or the value of the booking file exceeds INR 2,00,000, or the foreign currency equivalent of either.

8.1

Pay only into the Company’s designated bank account, or at a Company office. Do not pay into the personal account of any employee, representative, agent or other third party. If you do, you bear the entire risk and consequences, and we expressly disclaim all responsibility and liability.

8.2

A receipt is valid only once the amount is irrevocably credited to and realised in our bank account.

8.3

You will not reverse, charge back, stop or otherwise recall any payment made to us. If any payment is reversed, debited, nullified or recovered from our account for any reason — including a technical fault, system error or banking or internet issue — you will make good that amount immediately, without waiting for a demand from us, and you indemnify us against all resulting claims, demands, liabilities, expenses and losses.

9.1

All prices are exclusive of GST, TCS and any other tax, cess or levy, which are payable by you in addition, at the rate in force on the date of invoice.

9.2

GST is charged on the basis of the address recorded in your Booking Form. You confirm that address is accurate and complete, and that it may be used to determine your location for GST purposes.

9.3

Tax is collected at source on overseas tour programme packages and, where applicable, on standalone overseas services, at the rate and on the basis prescribed by law from time to time. TCS collected is reflected in the annual tax statement of the person in whose name the invoice is raised, and may be claimed as credit against income tax.

9.4

Where services booked in one financial year are cancelled and refunded in a later financial year, the TCS already collected is not refundable. It remains available to you as tax credit.

9.5

You confirm that your PAN is operative and linked to Aadhaar where applicable. You will inform us of any change, and you indemnify us against any liability arising from incorrect information given by you, or from short collection or non-collection of TCS.

10.1

We block airline seats, hotel rooms, ground transport and other services well in advance, and we are liable to pay our suppliers whether or not you travel. The charges below reflect that commitment.

10.2

Cancellation must be in writing. It takes effect only when the written request is received at the office where you booked, on a working day within office hours. The date of receipt determines which slab applies.

10.3

Cancellation charges will be applicable as per the package booked by you and mentioned in the package well before you make the payment.

10.4

GST and TCS are payable in addition to the cancellation charges.

10.5

The following are forfeited in full whenever you cancel, whatever the slab: (a) the minimum booking deposit; (b) the cruise component of any Tour, irrespective of when you cancel; (c) any fare, rate or product sold as non-refundable, promotional or a special offer; and (d) flight charges, visa fees, insurance premium and any amount already paid to a third-party supplier on a non-refundable basis. Where the total under (a) to (d) exceeds the slab charge, the higher amount applies.

10.6

Cancellation charges apply whatever the reason for cancellation, including visa refusal, illness, bereavement, loss of documents or a change of mind.

10.7

Where a booking is made without a fixed departure date, the booking amount is forfeited on cancellation.

10.8

Cancellation charges are not transferable and cannot be applied towards any future booking or tour.

10.9

We are not liable for any incidental expense or consequential loss you incur as a result of a cancellation, including loss of earnings, loss of enjoyment, or the cost of connecting flights, accommodation, transfers, visas, document fees or vaccinations arranged by you.

10.10

If you do not reach the point of commencement of the Tour, or join late, or leave before the Tour ends, or discontinue for any reason, it is treated as a no-show and 100% cancellation charges apply, with no refund for unused services. This applies even where you have already used part of the pre-tour services or the air tickets included in the Tour Cost.

11.1

We may cancel, reschedule or change the departure date of any Tour before departure, for reasons including insufficient demand, unsafe conditions, supplier failure, regulatory requirement or any event beyond our control.

11.2

If we cancel, we will offer you alternative dates of travel or refund, in Indian Rupees, the amount you have paid, after deducting expenses actually incurred on your behalf such as visa fees. No compensation, interest, damages or consequential loss is payable, and we are not responsible for any arrangement you made independently that depended on the Tour operating.

11.3

Tours operate subject to a minimum of 20 full-paying travellers travelling together, which is also the minimum for a Cox & Kings tour manager to accompany the group. Below that number, we will offer you an alternative departure date.

11.4

We may amend, alter, vary, substitute or withdraw any tour, excursion, flight, routing, cruise ship, cabin category, hotel, facility, discount or concession, and may substitute an Independent Contractor or hotel of a similar class, where we consider it necessary or advisable. We are not liable for any resulting damage, additional expense or consequential loss.

11.5

If we amend the Tour after you have booked, you may (a) continue with the Tour as amended, (b) accept an alternative we offer, or (c) cancel, in which case the charges in Clause 10 apply. In cases (a) and (b), no refund or compensation is payable.

11.6

We may terminate this contract after accepting your deposit but before the Tour commences, without giving reasons, in which case we will refund the amount you have paid, without interest.

12.1

A request to change your departure date, or to transfer to another tour, is treated as a cancellation of the original booking. The charges in Clause 10 apply and must be paid before a fresh booking is made.

12.2

A fresh booking is subject to availability, current pricing and our approval. We may vary the charge to reflect how close the request is to the Departure Date and any additional cost we incur. We are not liable for any loss or expense you incur as a result of a change you request.

13.1

A request for any additional or reduced service outside the booked Tour (a “deviation”) must be made in writing and is registered only on receipt of advance caution money for the services concerned.

13.2

Registering a request and accepting caution money does not amount to acceptance. We may accept or reject a deviation at our discretion, subject to availability. If we accept, we will confirm the deviation and collect the balance amount and applicable taxes. We give no assurance, guarantee or warranty that a deviation will be accepted, and we disclaim all liability in this regard.

14.1

Refunds are paid to you directly where you booked with us, and through your travel agent where you booked through an agent.

14.2

Refunds take at least 30 business days from the date we receive your complete documentation. Refunds involving airlines, cruise lines or overseas suppliers take between 30 and 90 business days, and depend on our recovering the amount from that supplier.

14.3

There is no refund for any service that is unused or partly used, including air tickets, hotel nights, meals, entrance fees, sightseeing and optional tours.

14.4

The foreign exchange component is refunded in Indian Rupees only, at our prevailing rate of exchange on the date of refund and in accordance with RBI rules, whether or not you paid in foreign currency.

14.5

Refunds are paid without interest.

15.1

You must hold a passport valid for at least six months beyond your date of return, with sufficient blank pages, together with every other document required for your journey.

15.2

Tour documents — vouchers, itinerary and air tickets — are sent by email to the address you registered with us, or made available through the Cox & Kings mobile application. It is your responsibility to check them and to tell us immediately of any error.

16.1

Every traveller must hold a valid visa. You are responsible for applying in good time, for completing and verifying the application accurately, and for submitting complete and genuine documents. We do not verify the genuineness of documents you give us.

16.2

The grant of a visa, its duration and category, the interview appointment and the processing time are entirely at the discretion of the Embassy, Consulate or visa facilitation centre. We have no control over that process and are not responsible for the outcome, for delay, or for non-issue arising from incomplete or late documents from you. A personal interview may be required at the authority’s discretion.

16.3

When a visa is issued — whether delivered to you or to us, and whether a paper, sticker or electronic visa — you must check every detail, including name, photograph, validity, category and authorisation.

16.4

If your visa is refused, you must tell us in writing before the Departure Date. Cancellation charges are calculated from the date we receive that written notice.

16.5

If you choose to reapply, you pay the visa fee and all related charges again, and you may not claim them from us.

16.6

Visa fees are borne by you, or paid by us and recovered from you, as the authority’s rules require.

17.1

A valid visa does not guarantee entry. Immigration authorities in India or abroad may, in their discretion, refuse you permission to travel or to enter, or may deport you. If that happens, the Tour is discontinued for you, no refund is payable for the unused part, and we are not liable for any resulting cost or loss.

18.1

Hotels are those shown in the itinerary or of a similar category. Categories vary with the product booked.

18.2

Where hotels in a city are unavailable — for example during trade fairs, conventions, festivals or major events, for which hotels are often blocked more than two years in advance — you may be accommodated outside the city or in another city, and the itinerary may be adjusted accordingly.

18.3

Room sizes, facilities and standards vary by country, season and hotel category. Air conditioning, heating, fans, tea and coffee facilities and similar amenities are not guaranteed. In many countries air conditioning operates seasonally or only on official declaration by the local authority, and during a heatwave it may cease to function because it is not built for those temperatures.

18.4

A triple room is normally a twin room with a rollaway bed, and is not larger than a twin. Double beds are usually queen size. Where a rollaway bed is unavailable, the hotel may allocate a separate room instead. We recommend no more than three persons to a room.

18.5

You must observe the hotel’s check-in and check-out times. Anything you arrange directly with the hotel is paid by you directly, and we are not liable for it or for any compensation in respect of it.

18.6

We are not responsible for the conduct of hotel staff, for facilities provided or not provided in the room, bathroom or premises, or for any interruption of telephone, internet or other services. Raise any issue with the hotel reception and with your tour manager at the time so that it can be addressed.

18.7

You are liable for any damage you cause to a hotel room or to hotel property.

19.1

Coaches are air-conditioned or air-cooled. In extreme weather the system may be less effective. We are not responsible for any defect in the coach or its air conditioning, or for the conduct of the driver or attendant.

19.2

Seats are rotated daily and are not allocated.

19.3

Drivers are bound by statutory limits on daily and weekly driving hours and rest periods. You must keep to the day’s timetable. Sightseeing missed because of your delay is not refundable.

19.4

Eating and drinking are not permitted on the coach.

19.5

Luggage is limited to one check-in bag and one hand bag per person, because boot space is limited.

19.6

Coaches are not wheelchair accessible and have steps for boarding and alighting.

19.7

Parking restrictions in many cities mean the coach cannot stop everywhere. In several European cities private coaches are not permitted in the centre, so sightseeing is by local transport and on foot. Your tour manager will arrange photo stops wherever possible.

19.8

You are liable for any damage you cause to the coach.

20.1

Air tickets are subject to the conditions of carriage of the operating airline, which prevail. Airlines operate to their own rules and you must comply with them.

20.2

We are not liable for anything within the airline’s control, including baggage loss or damage, the meal served or the absence of a meal, overbooking, denied boarding despite a confirmed ticket, schedule, routing or airline changes, flight delay, or a flight you miss.

20.3

Seat allocation is entirely at the operating airline’s discretion. Your booking does not guarantee a specific seat. Seats may be selected at web check-in or through your sales coordinator, subject to airline policy. Seat selection is a chargeable ancillary service and any fee is payable by you.

20.4

Flights may be operated as direct, non-stop or connecting services depending on availability and fare conditions. We seek the most efficient routing at the best available fare. If you want a particular flight, routing or timing, you may choose a Join Direct departure or pay the applicable fare difference. We are not responsible for airline schedule changes, layovers or re-routing imposed by the airline.

20.5

If you miss a flight, the entire ticket is treated as a no-show and a new ticket must be purchased by you.

20.6

Airport taxes and airport development fees are payable by you.

20.7

Airfares are based on the fare structure current on the date of quotation. Any increase in fuel price, taxes, government levies or airline charges before ticketing is payable by you.

20.8

Where the Tour begins from a hub city, you travel to and from that hub at your own expense unless stated otherwise. For departure dates and prices from your city, please contact our sales office or your travel agent.

21.1

Where the Tour includes a cruise, the cruise line’s terms — payment schedule, amendment, cancellation, refund and conditions of carriage — apply in addition to these Terms and govern that component.

21.2

The cruise component is 100% non-refundable from the date it is confirmed, irrespective of when you cancel.

21.3

We may substitute a ship or cabin category of a similar class where we consider it necessary or advisable, and are not liable for any resulting damage, expense or consequential loss.

22.1

Meals are pre-set as described in the itinerary. À la carte is not available. A packed meal may be provided on some days. We cannot guarantee a special meal or diet beyond what the itinerary states, and we may change meal arrangements where circumstances require, without giving reasons.

22.2

No refund is payable for a meal you miss, for any reason.

22.3

Requests for rooming, diet or other preferences must be made in writing at least 45 days before the final payment date, and are subject to availability. We are not liable for any loss or damage if a request cannot be met. Requests made after booking, and late requests, may not be accommodated and may carry a charge.

23.1

A person aged 12 years or below is a child. A person above 12 years is an adult.

23.2

A child booked at the special rate without a bed will not be provided with a bed at any hotel on the Tour, in any circumstances.

23.3

Any change to rooming made on tour is subject to availability and is chargeable. No refund or compensation is payable for a rooming change you make on tour.

24.1

Brochure and itinerary details are indicative. They are based on information available when the material was prepared, often several months in advance. Your actual experience may differ from promotional material. Images are for representation only, and distances, temperatures and pre- or post-tour rates are approximate and subject to change.

24.2

We may change the itinerary before or during the Tour — including reversing the direction of travel, altering flight routing, changing hotels, combining or splitting groups, operating more than one coach per departure, or substituting sightseeing — because of road works, restaurant closures, monument or museum maintenance, festivals, sporting or political events, strikes, security alerts, traffic conditions, weather or any other operational reason. Where we know in advance we will tell you; otherwise your tour manager or local representative will inform you on tour. On some departures you may be joined with another group where numbers are low, and a local representative or driver may accompany you for only part of the Tour.

24.3

You are responsible for keeping to the timings of the Tour at every stage. If you miss any part of the Tour because of your own delay, no refund is payable.

24.4

We may recover any additional expense we incur because of a delay or change in the schedule of any flight, train, coach or ship, or a change in the number of nights or in the hotels used.

25.1

Optional activities are booked and paid for directly with the tour manager on Day 1 of the Tour, in local currency in cash unless we say otherwise. They are 100% non-refundable and non-cancellable once booked. GST applies to optional activities pre-paid in India.

25.2

Adventure, sporting and similar activities carry inherent risk. If you choose to take part you do so entirely at your own risk, cost and consequences, having satisfied yourself as to your own fitness. Such activities may be unsuitable for people with cardiac conditions or high blood pressure, for expectant mothers, and for others with medical conditions.

25.3

Having chosen and paid for an itinerary in your own judgement, you release the Company and its directors, officers, shareholders, agents and employees from all liability for personal injury, illness, death, property damage or loss of any kind arising in connection with any activity on the Tour, whether provided by us or by an Independent Contractor.

26.1

You must tell us in writing, at the time of booking, of any pre-existing medical condition, disability or limitation that may affect your ability to complete the Tour or that may prejudice other members of the group. We may require written certification of medical fitness before departure.

26.2

We may, in our judgement, decline a booking or decline to carry you if your medical or health condition makes you unfit for the Tour.

26.3

If a condition is not disclosed to us in writing, we are not liable to provide any assistance or refund in respect of anything arising from it, directly or indirectly.

26.4

Tours vary in pace and physical demand. Please choose a Tour suited to your health, on medical advice where appropriate. Sightseeing generally involves walking, sometimes over long distances, at sites, parks and airports; comfortable walking shoes are advisable.

26.5

We cannot provide individual assistance to any traveller with walking, dining, boarding or alighting from any vehicle, or with personal needs. A traveller who needs such assistance must be accompanied by a qualified companion able to provide it; in the absence of such a companion, that traveller joins the Tour at their own risk and consequences. A traveller who uses a wheelchair must carry their own.

27.1

If you or an immediate family member (spouse, child or parent) is admitted to hospital, you must notify us as soon as reasonably possible and in any event within 48 hours of admission, and give our sales representative the hospital admission card. The card must show the patient’s name, the date of admission and the hospital’s contact details. Late notification may delay or forfeit any credit note or refund.

27.2

We may verify the admission card and any related documents, including by contacting the hospital directly, requesting further documents and consulting medical professionals. Any discrepancy or fraudulent submission results in immediate rejection of the claim; we may take legal action, each party bearing its own advocates’ fees, and recover from you the cost of our investigation and verification.

27.3

On verification, we will take the matter up with the relevant suppliers to establish what can be recovered, and will tell you the outcome. We may issue a credit note valid for one year from issue. However, no cash/bank refund will be issued.

27.4

An administrative fee applies to the processing of any credit note or refund under this clause. We will tell you the amount when you claim, and it will be deducted from the sum issued.

27.5

Air tickets are refunded only if the airline permits. If the airline declines, we will tell you, and you must give us a letter setting out your name, booking details and confirmation that the tickets were issued within the group inventory. We will then explore alternatives such as a credit voucher or a rescheduled booking, subject to the airline’s policy and availability.

27.6

If you discontinue the Tour because of illness, death, loss of passport or travel documents, or for any other reason, no claim for refund of unused services will be entertained.

28.1

We may remove any person from the Tour whose behaviour is likely to affect its smooth operation, or the enjoyment or safety of other travellers. No refund or compensation is payable, and we have no liability to that person.

28.2

We value our staff, tour managers, representatives and vendors, and we have zero tolerance for abuse, misconduct or violence towards them. Any such conduct will result in immediate offloading from the Tour and may result in legal proceedings, at your cost and consequences.

28.3

Where any destination is affected by an epidemic, pandemic or comparable public health condition, you will comply, at your own cost, with all laws, advisories, guidelines, directives and protocols issued by any government or authority in India or abroad, before, during and after the Tour — including protocols on quarantine, vaccination, testing and conduct in public places. You are responsible for all consequences of non-compliance, including any consequence of a positive test result during the Tour.

29.1

Travel and health insurance is strongly recommended and, for some Tours, mandatory. You may buy it from us, acting as agent for the insurer, or from any insurer you choose. The choice of insurer is entirely yours.

29.2

Where insurance is included in the Tour Cost, it is a standard group policy. It does not cover pre-existing health conditions, whether disclosed or not. Travellers above 60 years of age, and those extending their stay, are required to pay an additional premium.

29.3

Insurance is a contract between you and the insurer. Cover, exclusions, limits, claims and settlement are entirely at the insurer’s discretion. We have no role in and no liability for any coverage or claim issue, including rejection of a claim, and we cannot influence the outcome.

29.4

You must read the policy wording, including its exclusions and limits, before you travel. We are not responsible for any consequence of your not having done so. We will pass any query to the insurer and revert with their response.

30.1

Your baggage, valuables and personal effects remain your responsibility at all times and in all circumstances — in transit, at hotels, on coaches, at airports, on cruises and at places of visit. This includes properly securing luggage, safeguarding valuables and following all security guidance we or our suppliers give.

30.2

We are not liable for any loss, theft, damage or misplacement of baggage, belongings or valuables, however caused, and we are not liable to pay any financial or material compensation in respect of it. Where a hotel offers a safe deposit facility, you use it at your own cost and risk.

30.3

Do not leave high-value items on the coach when you leave it. Every destination carries some risk of theft and bag-snatching, so please take particular care of your belongings.

30.4

If your baggage is lost or stolen, you may lodge a complaint with the local authorities at your own discretion, cost, risk and consequences.

30.5

We strongly advise you to take out adequate insurance against baggage loss, theft and damage, and for health.

31.1

We are not liable for any failure or delay in performing our obligations, or for any loss or damage suffered by you or any member of your group, where it is caused by an event beyond our reasonable control. Such events include act of God, natural calamity, extreme weather, epidemic or pandemic, war, terrorism, riot, civil unrest, coup, strike, embargo, accident, government action or requisition, closure of airspace or borders, supplier insolvency, and any delay, negligence or carelessness of an Independent Contractor caused by any such event.

31.2

Any additional cost we incur in providing services to you during a force majeure event is payable by you.

32.1

We are not liable for any death, personal injury, illness, accident, delay, discomfort, increased expense, loss, damage or consequential loss, however caused, arising out of any act, omission, default or negligence of an Independent Contractor or of any servant or agent employed by it in providing accommodation, refreshment, carriage or any other service.

32.2

We are not liable for any overstay cost arising from a delay in, change to or cancellation of any flight, train, coach or ship, or for any sightseeing missed or programme cancelled after the Tour has commenced because of circumstances beyond our control.

32.3

Our total liability under or in connection with your booking, on any basis whatsoever, will not exceed the amount you have paid or agreed to pay to us for the Tour. In no case are we liable for consequential loss or additional expense.

32.4

The protections and immunities in these Terms extend to our directors, officers, employees, tour managers, servants and agents, but not to Independent Contractors.

32.5

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under Indian law. Where any exclusion or limitation is held unenforceable, it applies to the maximum extent permitted, and the remaining provisions continue in force.

33.1

If you have a complaint about a service provided by an Independent Contractor, raise it on the spot: notify the contractor in writing and give a copy to your tour manager, so that we can take it up with them and prevent a recurrence for other travellers.

33.2

Any claim or complaint against us must reach us in writing within seven days of the end of the Tour. We will not entertain a claim notified after that period, and we have no liability in respect of it.

34.1

We treat the information you give us as confidential and process it in accordance with our privacy policy.

34.2

You consent to and authorise us to share your information, and that of everyone named in your booking, with airlines, hotels, insurers, visa authorities, other Independent Contractors, third-party suppliers and fellow travellers, to the extent needed to provide the Tour.

34.3

We will disclose information where required by law, by an order of a court, or by any government, statutory or regulatory authority having jurisdiction over us.

35.1

Any communication sent to the postal address, email address, mobile number or fax number recorded in your Booking Form — or to your travel agent where you booked through one — is deemed to have been communicated to and received by you and by everyone named in your booking.

35.2

We are not responsible for any failure of the mode of communication, or for any error or omission by your travel agent.

36.1

We may photograph or film groups during the Tour and use those images for publicity. If you do not wish to be included, tell us in writing before departure and we will exclude you.

37.1

Any product, item, offer or service given free with the Tour — such as a SIM card — is supplied on an “as is, where is and how is” basis, at no cost to you, and is subject to the terms of the third party supplying it. We give no guarantee or warranty as to its quality, performance or suitability, and accept no liability, risk or responsibility for it or for any after-sales service. You may decline it at your discretion.

38.1

Where your travel agent signs the Booking Form or accepts the OTP, you are deemed to have authorised the agent to do so, and to have accepted these Terms in their entirety.

38.2

Refunds due to you are routed through your agent. We are not responsible for any act or omission of your agent, or for any assurance the agent gives that is not contained in these Terms.

39.1

Each provision of these Terms is severable. If any provision is held invalid, illegal or unenforceable, the remaining provisions continue in full force and effect.

39.2

These Terms, together with the Booking Form and our written confirmation, constitute the entire agreement between us. All previous communications on the subject, whether oral or written, stand superseded.

39.3

Any failure or delay by us in enforcing any right is not a waiver of that right.

39.4

The Tour is subject to the rules and regulations of the RBI and the Government of India. Part of the Tour Cost is payable in foreign currency out of your Basic Travel Quota, at the prevailing rate of exchange.

39.5

Where a scheme, discount or benefit is published by us, we may withdraw it at any time unless we have published a specific assurance to the contrary.

40.1

These Terms are governed by and construed in accordance with the laws of India.

40.2

Subject to Clause 40.3, the courts at Chandigarh have exclusive jurisdiction over any dispute or complaint arising out of or in connection with these Terms, the Tour or the services.

40.3

Nothing in Clause 40.2 affects any right a consumer has under the Consumer Protection Act, 2019 to institute proceedings before the forum having jurisdiction where that consumer resides or works.

To be signed by each traveller before we submit a visa application on their behalf. This declaration forms part of the Booking Form and is read together with the Terms.

I, in respect of my tour package booked through Wilson & Hughes India Private Limited (“the Company”), declare and confirm as follows.

1.

I have read, understood and accepted the Booking Terms and Conditions and agree to abide by them unconditionally. Any reference to me includes my co-travellers.

2.

I have read the visa application form, verified its contents and satisfied myself that they are correct before signing it for submission to the Embassy or Consulate.

3.

I have submitted the documents listed in the checklist. Those documents are genuine and the information I have given is true and correct. The Company is not required to verify their genuineness.

4.

I understand that the issue of a visa, its duration and category, the interview appointment, the processing time and the outcome are entirely at the discretion of the Embassy, Consulate or visa facilitation centre, and that the Company has no control over and no responsibility for that process.

5.

I accept that my travel is subject to the issue of a visa. If a visa is not granted for reasons not attributable to the Company, I will cancel the tour and pay the cancellation charges set out in the Terms.

6.

I will bear the visa fee, or reimburse it to the Company where the Company pays it on my behalf.

7.

I will not hold the Company responsible for non-issue, rejection or delay of a visa for any reason, including incomplete or late documents from me, delay in obtaining an appointment, the duration granted, or deportation, and I indemnify the Company and its officers in this regard.

8.

I understand that the Company may reapply for a visa at my request, and that I will pay the visa fee and related charges again.

9.

I understand that even with a valid visa and travel documents, immigration authorities in India or abroad may refuse me permission to travel further, or may deport me. In that event the tour is discontinued and I am not entitled to any refund for the cancelled part of the tour.

10.

I have consented to the Company making advance bookings for air tickets, hotels, meals and sightseeing while my visa application is pending, in order to secure availability and cost, knowing that the outcome rests solely with the Embassy or Consulate. I will not hold the Company liable for a refusal, and will not claim any refund on that ground. I also understand that if any changes are made to these advance bookings, modification charges may apply.

I give this declaration voluntarily, having read and understood it.