|Terms and Conditions|
In the terms and conditions set out in this document, the following terms shall, unless contrary to the context, have the meaning specified.
WEBSITE INFORMATION - DISCLAIMERS
The information contained in the Website is provided on an "as is" and "as available" basis and does not constitute advice and should not be relied upon in making or refraining from making any decision. All care is taken while preparing the Webpages in describing the services therein; however all information on the Website, Terms and Conditions, and related information is subject to change without any prior information.
We, our officers, directors, employees, Contractor and suppliers hereby exclude any warranty (express or implied) as to the correctness, completeness, timeliness, accuracy, fitness for a particular purpose of the Website or any of its contents.
We will not be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes etc.
OUR SCOPE OF SERVICES
SpiceJet is an airline company providing holiday package tour through Contractors and Suppliers. Our Contractors and Suppliers inspect and select the services to be provided to you. However, We do not own, operate or control any shipping company, coach or coach company, hotel, transport, restaurant, kitchen caravan or any other facility or provider that is engaged to provide you services during the course of your tour. Therefore, you will need to adhere to the conditions, rules and regulations as specified by each service provider. We will not be responsible for the consequences of any breach of such rules and regulations, any injury or damage affecting the service provider, or any delay, deficiency, injury, death, loss or damage occasioned due to act or default of such service providers, their employees or agents.
You can register and book your tour / services online through our Website. You are requested to read carefully and understand the contents of the Webpages specifying information about the tour package including the itinerary, the Terms and Conditions, How to Book Rules, Price Grid, as all these will form part of your contract with us once you effect the booking. Our website provides the facility of making online booking of tours and services. However, we cannot give any guarantee or warranty with respect to the website booking engine which could malfunction due to various reasons including software or network errors. All necessary protection has been taken to ensure that information concerning you or your payments is kept secure and confidential.
In case of a multi-passenger booking, cancellation or modification (more than one person), it shall be deemed that the person booking, cancelling or modifying the tour has been duly authorized by all other tour participants to carry out the booking, cancellation or modification on their behalf with full responsibility and consent, and all related Terms and Conditions, Cancellations charges, etc. shall apply to all other participants as well.
Please refer to the relevant section of the Price Grid for the tour cost to clearly understand the inclusions and exclusions. All services to be provided to you will be as per those specified / confirmed and paid for as per the Invoices. Anything other than that specified in the tour service information will be chargeable as extra.
We reserve the right to amend the prices published on the Website and to adjust our charges based on various factors including currency fluctuations, fuel price rise, travel arrangements, special / high season charge levied by the suppliers, hike in any government taxes or any taxes or visa amounts etc and / or for any reason before the date of departure. All such increases in price must be paid for in full before your departure.
We reserve the right to decline to register any person / s for any tour or to cancel their registration without assigning any reason.
Please carefully check your Invoice and confirmation mails for the due date of your balance payments of the tour cost. Any balance payment has to be made within 20 days from the booking date. If the booking is accepted within 30 days of the date of departure of the tour, the entire tour cost has to be paid up-front. A delay in payment of your tour cost (part payment or full payment) can result in a delay in processing your documentation, booking and issue of tickets and we may treat it as a cancellation of booking by you, which will be subject to the applicable cancellation charges as per the cancellation schedule.
CANCELLATION / AMENDMENT BY US
Due to unavoidable reasons and circumstances beyond our control we reserve our right to amend, alter and modify the tour package and itineraries before or during the tour or cancel tour booked by you, without assigning any reason. We will make reasonable efforts to notify you promptly of such changes / events sufficiently in advance during booking or prior to departure of the tour. In such cases, we will, subject to availability, endeavor to offer you alternative tour dates / tours with least impact to the originally booked tour. Such changes may be necessitated due to factors beyond our control including but not limited to Force Majeure events, strikes, fairs, festivals, sport events, weather conditions, traffic problems, overbooking of hotels / flights, cancellation / re-routing of flights or railway, closure of / restricted entry at a place of sightseeing, and/or on account of actions, inactions, defaults or condition of tour participants. If the alternative date / tour is not acceptable or in the event that we cancel the entire tour booked by you we would refund the money paid by you after deducting any costs incurred by us on your behalf including cruise cost, government charges and surcharges, permits / visas, trawelltag, etc. within a period of thirty days from the date of amendment or cancellation. However, we would not be responsible or liable to pay any interest, compensation or damages or consequential loss or to refund any other expense incurred by you.
In case the alternate arrangements made are materially superior as compared to the ones described in the Webpages, we reserve the right to charge extra for the same at the time of booking or in the course of the tour.
CANCELLATION OF BOOKING BY YOU
Should you wish to cancel your booking, you must notify us via email at firstname.lastname@example.org or by filling in the online cancellation form on our Website during working days (i.e. Monday to Saturday except on holidays) and within working hours (9.30 am - 6.30 pm) only. No such request will be entertained until receipt of a written request. In case the reasons for your cancellation are covered by your insurance policy all claims must be made directly by you to your insurance company.
Additionally, in the following cases you shall be deemed to have cancelled the tour even if no cancellation notice is issued by you: (i) If you fail to pay the agreed tour costs by the stipulated payment deadline or if you commit any other default in relation to your booking, (ii) If on your failure of payment or other default, no notice of cancellation is issued by us but your payment or default remains outstanding on the date of departure. In such cases the cancellation charges shall be computed with reference to the date on which we issue you a notice of cancellation and could invite the highest cancellation charges.
The following cancellation charges shall apply irrespective of the reason for cancellation. You understand and acknowledge that these charges are a genuine pre-estimate of the damages that we will suffer on account of cancellation. You understand that these damages are called liquidated damages , which are payable without proof of actual damages. You agree not to dispute such deductions or to demand proof of actual damages.
It is a clear understanding between the parties that for the purpose of this clause, cancellation can be due to any reason whatsoever including the reason of inability to participate due to any reason including illness, death, court orders, non-availability of travel documents etc.
The Company shall not be liable to pay any compensation, interest or damages to you.
Please note that promotional offers may have different terms and conditions which would apply in addition to the standard terms and conditions. As per the booking conditions, we are constrained to levy the aforesaid Cancellation Charges and or other charges in addition to the actual administrative / service expenditure incurred.
AMENDMENT OF BOOKING BY YOU
Any amendments to the booked tour can be sent to us through a written request through email at email@example.com or by the online application form. Such requests for change or amendment will be accepted subject to availability on working days within working hours as stated herein above.
Please note that: (i) the amended or changed booking will be regarded as a new booking; and you will need to pay the difference in booking amount, if any, between the old package and the new/amended package, (ii) in case the amendment is carried out within the cancellation period, then cancellation charges shall apply as specified above, and (iii) as if a cancellation was made on the date the request for amendment or change is made. Please note the cancellation charges specified in the preceding section.
TRANSFER FROM ONE TOUR TO ANOTHER
A request to transfer from one tour to another 30 days prior to the departure will be treated as cancellation on that tour and a fresh booking on another. In case you transfer within the cancellation period, then the cancellation policy will apply. The client needs to pay the difference in booking amount, if any, between the old package and the new/amended package
HOTELS / ACCOMMODATION
Hotel standards vary dramatically throughout India and there could be a marked difference in facilities offered by hotels in larger cities as compared to smaller cities and towns (even in the same price bracket). Keeping your comfort in mind, extreme care is taken while selecting the accommodation for your stay at locations aiming to provide comfort and value for money at the hotels that are the best in their category. In most hotels selected by our Contractor and Supplier modern facilities such as attached toilets with showers / bathtubs are provided.
In certain itineraries, for various reasons such as reducing the overall traveling time on the coach for the following day, the hotels may be chosen away from the city center.
We will endeavor to obtain rooms as far away from any construction work as possible but please bear in mind that hotels run on full capacity during peak season and specific rooms can rarely be pre-booked. Even when you travel off the beaten track with the Company, you can be sure that your accommodation in game lodges, smaller hotels and tented camps is the best available in their category.
Economy hotels are budget hotels and they may not have any star category classification obtained from the relevant authorities of Government of India. Even 2 star properties approved by the India Tourism, Government of India, can be considered as economy hotels. These hotels may provide very bare basic amenities.
Standard hotels are mainly 3 star category hotels approved by the India Tourism, Government of India. They may also include Heritage hotels, Lodges and Resorts
Deluxe hotels can be categorized with ratings of 4 star or 5 star approved by the HRACC, India Tourism, Government of India. They may also include Heritage hotels, Lodges and Resorts.
If you would like to stay in any hotel other than those featured in the tour itinerary, or you would like to upgrade the standard of your room, this can be arranged subject to availability at the applicable difference in price. Usually, the check-in time is 2:00 p.m. and check-out by 11:00 a.m. However, in case the room is required on immediate occupancy / late checkout, kindly inform our sales executive to assist on the same at an additional cost. Furthermore we cannot guarantee the availability of adjoining rooms / interconnecting rooms / non-smoking room / rooms on the same floor etc.
Any damage caused to the hotel property by you will have to be paid by you and we would not be liable for the same.
In case you book on a single occupancy basis, you will have to pay a single room supplement. You shall also be liable to pay the single room supplement if earlier having booked on a shared room basis, you later have to take the room on single occupancy basis for any reason.
A double room has either a single queen-size bed or two separate beds. If you request for a room with queen-size bed or twin bed, the same would be provided subject to availability.
We recommend a maximum of only three persons in one room. Triple rooms are usually no larger than twin rooms and the third bed is often a rollaway bed or cot placed in a twin room.
A child on tour for whom 'without a bed' charge has been paid would not be entitled to a separate bed in the hotel. In case 'with bed' charge has been paid for the child and you decide not to avail such facility whilst on the tour, you would not be entitled for any refund. In case you decide to seek an extra bed for the child booked on 'without bed' basis while on tour, this will be provided subject to availability at applicable additional charges to the concerned hotel directly.
Please refer to the itinerary on the Website for details of the meals which would be served to you on the tour. Due to unavoidable circumstances we reserve the right to modify the meal plan. Additionally we will not be able to process any special meals for any special cases e.g. for infants, special diet or passengers with any medical conditions.
Please note that porterage is not included in the tour price so we recommend usage of bags with wheels for increased mobility.
BAGGAGE ON COACH
Coaches / cars have limited space for luggage and hence we permit only one suitcase and one handbag per person in the coach. The suitcase should be of a size of 158 cms. (width + length + height).
VALUABLES AND POSSESSIONS
We advise you not to carry any un-necessary valuables along with you except those that are essential for the tour e.g. passport, etc. In case you do carry any valuables, it would be solely at your own risk and responsibility and we recommend that you use all available facilities to keep them secure during your tour. In this regard, some hotels provide Safe Deposit Lockers (which may be charged separately.
If you forget to carry or if you lose essential travel documents you may be compelled to curtail the tour and you may have to incur extra expenses, for which you alone shall be responsible.
In view of what is stated above, please carefully note that: (1) We shall not be responsible or liable for any loss or damage in respect of your baggage etc. or their contents whether due to theft, accident, negligence or otherwise; (2) We shall not be responsible for any cancellation or curtailment of your tour compelled by any such loss of baggage etc. and we shall pay no compensation or refund to you; (3) Some coverage in respect of baggage loss or damage may be provided by insurance.
Please note that our tours are suitable for persons of reasonable fitness and may not suit persons with medical conditions or special needs or requirements due to age or otherwise.
It shall be your duty to inform us in case you have any medical condition that may affect your ability to fully enjoy our tour arrangements or where the interests of other tour participants may be adversely affected by such condition.
We reserve the right (without obligation) to ask you at your cost to undergo medical tests and to provide written certification of your medical fitness before departure or at any time during the tour, and if you fail to undergo such tests or fail to provide such certificates, we may decline to accept you or to continue you on the tour. Our actions in this regard may be guided not only by concerns for your health but also the convenience and health of the other tour participants.
However, it is not our obligation to check your medical condition and if you suffer any injury or aggravation on the tour or if you are unable to enjoy / complete the whole or any part of the tour due to your medical conditions, we shall not be liable to compensate you nor to refund any amount to you nor to pay your medical expenses etc.
In this regard, please note that service providers may decline to accept you on medical grounds. Please carefully read and understand the rules and regulations of the service providers, because we shall not be responsible for the consequences that you may suffer.
Please go through the terms and conditions carefully to understand your rights, responsibilities, risks and the extent of our liabilities.
SpiceJet will not be liable to you for any loss, injury or damage in respect of life, limb or property, sickness, delay, discomfort, anxiety, service denial, service deficiency, additional expenses incurred by you or for any direct, indirect, consequential loss and / or damage or any kind suffered by you howsoever caused arising out of any act, omission, default of any contractor / supplier or of any servant or agent employed by the contractor / supplier or of any third person who may be engaged or concerned in the provision of accommodation, meals, transportation, entertainment, refreshment or any other service comprising the tour package. In view of this, please note that we shall have no liability in the following circumstances (amongst others):
As earlier stated, any loss or damage to your baggage will be borne entirely by you and we shall not be liable for the same in any manner.
We shall not be responsible and / or liable for any damages caused to you due to reasons beyond the control of the Company (Force Majeure / Vis Majeure). Any overstay expenses due to delay or changes in bus / flights / ships / trains or cancellation of special bogie or other services due to sickness, weather conditions, war, threat of war, strikes, rebellions, disturbances, unrest, curfew or any other cause whatsoever, shall be borne entirely by you and we shall not be liable for the same.
We are not liable for any acts, omissions or defaults of other tour participants which may result in injury, damage to your life / limb or property or interfere with enjoying any services to be provided on the tour.
The immunities provided under this contract to us shall be available to our managers, including tour managers, employees, servants and agents but not to the contractors / suppliers selected by us.
YOU WILL NEED TO COMPLY WITH TOUR CONDITIONS
You will have to strictly follow the tour program and comply with our terms and conditions of air travel and also terms and conditions of the various contractors / service providers such as hotels, cab services etc.
You are responsible to register with our representative at the appointed date, place and time for departure along with your photo identity proof and you would be treated as a no-show if you fail to do so.
You are required to be punctual and adhere to the time-lines of the tour and of the contractors / service providers. If you are not punctual, you could miss your flight, your coach, your meals etc.
You shall not behave in a manner which may cause distress inconvenience, nuisance or annoyance to other tour participants or to any other person or which may create the risk of danger or damage to property belonging to us or other tour participants or any other persons. You shall not carry any item or object, the possession of which is forbidden by any law, rules or regulations. Nor shall you violate any other law, rule or regulations. Should any tour participant misbehave or violate any law, rules or regulations, we shall have the right to discontinue his/her participation and exclude him /her from the tour at his/her risk, cost and expense. Should we suffer any damage or liability on account of a tour participant's misbehavior, we shall be free to separately charge and recover our losses and expenses from him/her.
In addition to the terms and conditions as mentioned herein or on the Website, the Contract of Carriage of SpiceJet related to air travel shall be applicable.
NO REFUND FOR UNUTILIZED SERVICES
It is clearly understood that there shall be no refund or compensation whatsoever for unutilized services. This general rule applies to all kinds of non-utilization or under-utilization of tour services, whether of the whole or part of the tour and whether as a matter of your choice, or caused by your fault or compelled by circumstances such as ill-health, weather, external factors etc.
As a consequence of the above rule, please note that no refund will be admissible in the following circumstances (amongst others).
EMPLOYEES / AGENTS NOT AUTHORIZED TO CHANGE TERMS
No person including any of our employees, agents or franchisees has the authority to alter, amend, or waive any stipulation, representation, term or condition set forth in this document. Assurance if any, given by any of our employees, agents, franchisees or any other person, whether given verbally / in writing / by email / by sms or otherwise, which is contrary to the terms and conditions shall not bind us, in any manner.
PLEASE CAREFULLY CHECK WHAT THE TOUR COST INCLUDES AND EXCLUDES
Please refer to the relevant section of the Price Grid for the tour cost. All services to be provided to you will be as per those specified / confirmed and paid for as per the Invoices. If you avail any service such as porterage, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages, soft drinks, paid toilets or anything that is not specifically shown as included in the Package Cost, then the payment for the same will have to be cleared by you.
Tipping is customary (unless otherwise stated on the Website) in all parts of the world for services rendered (e.g. porters, coach drivers, tour leaders, guides etc).
PRIVACY OF INFORMATION
While we will maintain the privacy of the personal information provided by you, it might be necessary for us to share this information with some service providers who would be providing you service during the tour. We would also be constrained to disclose such information if we receive an order of the court, a requisition from any government or statutory authority, subpoena, or where under any laws, rules or regulations, such disclosure becomes necessary.
You agree to let us or the Contractor/Supplier photograph and / or videograph the tour. You agree to let us publish such photographs / videographs through all media including print media, websites, letters, emails etc. You also agree to let us track usage statistics. You agree and accept that all such photographs and / or videographs and statistics that you allow us to take during the course of the tour are our absolute property and we have the unrestricted right to use them for any legitimate purposes including advertisement and commercial purposes . Further, you agree that if you share with us any photographs and / or videographs taken by you during the tour, we would be free to publish such photographs and / or videographs through all media including print media, websites, letters, emails etc. There shall be no compensation to you on these accounts.
Once you are registered with us while booking the tour, we will send you periodic updates and information related to your tour and on related travel destinations.
Communications transmitted to your mailing address / email address on record shall be deemed to have been communicated to you even if returned as undeliverable for any reason. All communication from you to us has to be in writing, not orally.
ON TOUR ASSISTANCE
Please promptly inform your Tour Manager of any grievances related to services offered by us that you may have and immediately follow this up by writing to us. This will enable us to promptly rectify all genuine grievances in real time. Any complaint made by you must be notified to us in writing within 28 days of the end of the tour. No claim notified to us outside this period will be entertained and we shall incur no liability whatsoever in respect thereof.
If you fail to do this, you will be deemed to have acknowledged and accepted the services of the Company in full satisfaction and you shall be deemed to have no grievance or complaint in that regard
You should communicate your grievance to the tour manager contractor on the emergency telephone number and adopt any of the following procedures provided that such communication should be made on a working day within working hours:
LAW AND JURISDICTION
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the applicable rules. The Mediator shall be appointed by us.
If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute shall be settled in accordance with the laws of India the courts at New Delhi alone shall have exclusive jurisdiction.
As to the interpretation of the aforesaid terms and conditions, our decision shall be final and binding upon you.
If you have any feedback, which you might want to share with us, do write in to us at our Mumbai office as listed above or email us at firstname.lastname@example.org or fax to us at + 91 022-29256953
On behalf of the persons booked, I / We have read, understood and accepted the Terms and Conditions