BOOKING CONDITIONS of Village Ways Travel Pvt Ltd, India

Thank you for requesting a booking with Village Ways Travels Pvt Ltd. Village Ways is a shared-value enterprise and we feel it is important to be clear about our legal obligations to our guests, and how our bookings are handled. We wish to be fair to our guests, and to the communities which host them. Before proceeding to book, please read carefully and accept these booking conditions.

 

These booking terms and conditions establish your contract with Village Ways Travel Pvt Ltd (commonly known as ‘Village Ways’), a company incorporated and existing in accordance with the laws of the Republic of India. Throughout these booking conditions, Village Ways Travel Pvt Ltd is referred to as 'the Travels, 'us', 'we' or ‘our’. The person making the booking is considered by the Travels to be the party leader, and is referred to as 'you' throughout these booking conditions. The party leader must be at least 18 years old and not of unsound mind and is deemed to be capable of entering into contract. We assume that the party leader is or you are authorised to make a booking with us by and on behalf of all persons named on the booking.

The booking is on the basis of the following terms and conditions:

1  Your contract with the Travels is binding when we send a confirmation of your requested holiday to you and we have received the deposit amount (as mentioned in para 2 below) from your end. The Travels reserves the right to decline any request from any person whom it may consider to be undesirable in its absolute discretion and it shall not be required to show any reason for doing so. No waiver by the Travels of any provision of these booking conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

2  A deposit of 25% of the total value of your pre-booked holiday, with the exception of some third party hotels. Some third party hotels may require up to full payment at the time of booking. You will be advised of the amount should this be the case and the amount added to the deposit amount.

If booking on line, after completing the on-line booking screen and accepting these conditions, you will be sent an email confirming receipt of your request. At this stage you must contact us with your credit card details, authorising us to charge the required deposit amount once we send your reservation confirmation to you. Any acknowledgement of your booking request that we may send you before your reservation confirmation is not the final confirmation.

If booking by phone or email we will require your credit card details at the time of making your telephone or email reservation request, together with your authority to take charge the required deposit amount once we send your reservation confirmation to you. Any acknowledgement of your booking request that we may send you before your reservation confirmation is not the final confirmation.


If you make your booking 6 weeks or less before your arrival on holiday, full payment of the total value of the holiday is required when we send you confirmation of your booking. Accordingly you must provide us with authority to take full payment from your credit card at the time of booking.


Subject to availability we will send confirmation of your chosen holiday (with the possible exception of some rail travel, see para 8 below) by e-mail (or post if you have no email) within 36 hours (excluding Sundays and public holidays) of receipt of your request. At this time we will deduct the deposit amount due from your credit card. The party leader is responsible for all monies due to the Travels.
The Travels banks with ICICI Bank in Mumbai, a major independent Indian bank. Your credit card payments will be handled securely by their merchant services.

3  Insurance. We do not have any insurance policy covering the expenses for accident, sickness, loss due to theft, or any other reasons. You are advised to seek such insurance arrangements in your home country. It is recommended that you and all members of your party take out adequate and appropriate insurance cover for the duration of your trip before commencing with travel schedule or the holiday. By booking with the Travels you agree to ensure that you and all members of your party have adequate cancellation, medical, emergency and repatriation insurance appropriate to your / their particular needs. This is your responsibility. Each member of your party is required to provide the Travels with the name and contact details of the person we should contact in the unlikely event of an emergency. The Travels will not be responsible in any manner for the consequences arising from your inability to take any or inadequate insurance cover. All baggage & personal properties at all times are at owner’s risk.

4  Passports, Visas and Vaccinations. You are responsible for ensuring that you and each member of your party has all necessary and appropriate passports, travel permits and visas. You are also responsible for ensuring your party comply with any mandatory or advisory vaccination or health requirements. Please note that any advice given by the Travels on such matters is in good faith but without responsibility on the part of the Travels.


5  Our holiday prices shown are shown in Indian Rupees (INR), United Kingdom Pounds (GBP) and Euros (EUR). If you would like a quotation in United States Dollars, we will be happy to provide this. We can accept payment in any of these currencies, subject to the applicable laws. Prices are shown at the prevailing exchange rates and are liable to variation before confirmation.

6  Payment of the balance of your holiday, as shown on your confirmatory invoice, should be made by credit card no later than six weeks before the date of the start of your holiday with the Travels. Payment for any additional items requested during your stay will be taken at the end of your stay or may be charged directly to your credit card. Should you wish that the additional items be charged to another account or paid directly to us by cheque or in cash, you must notify us in writing (email is acceptable) alongwith the details immediately at the end of your stay.

7  Cancellations or alterations. Should you wish to cancel your booking, you must notify us in writing (email is acceptable). Such notification shall be deemed to have been given to us only on the date of the receipt of your notification, since we can act only on receipt. The following cancellation charges shall apply irrespective of the reason for cancellation.
For cancellations of confirmed bookings made more than six weeks prior to departure, the deposit paid will be retained.
For cancellations of holidays six weeks or less prior to departure, the following cancellation charges will apply, per person:

41- 29 days before departure - 30% of holiday cost
28- 15 days before departure- 40% of holiday cost
14-8 days before departure- 65% of holiday cost
7 days or less before departure- 95% of holiday cost

If you wish to amend or change your booking, you must communicate your request to us in writing (email is acceptable). For any major alterations to confirmed bookings, there is a standard amendment fee of the equivalent of INR 2,000 per person in addition to any difference in costs between the original holiday and the new arrangements. If the amendment is requested within the cancellation period, then a cancellation charge shall apply as if a cancellation was made on the date the request for amendment or change is made.

8  Transfers. The Travels is responsible for booking your included linking travel by train, internal flight and vehicle from and to your arrival city, if this has been requested by you. In India rail travel can be booked only 60 days prior to the date of journey. You are responsible for making arrangements for your international journey to arrive at the appropriate place, day and time to link up with the arrangements the Travels have made on your behalf. Please note that the Travels cannot be liable for any delays or disruption to or cancellation of services by public transport providers.

You acknowledge that, the Travels merely provides intermediary services in order to facilitate highest quality services to you. The Travels is not the last-mile service provider to you and therefore, the Travels shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency). The hotels, airlines, transporters, railways & the contractors providing other services & all exchange orders, receipts, contracts & tickets procured by us, on your behalf,  are issued subject to terms & conditions under which these services are provided by them. The tickets, coupons or passage contract in use by carrier / hotel or other contractors rendering services shall constitute the sole contract between you and such contractor.

9  'Force majeure'. The Travels regrets we cannot accept liability or pay compensation where your holiday is affected by, or you suffer any damage or loss as a result of "force majeure". ‘Force majeure’ means any event or circumstances that the Travels or its suppliers could not foresee or avoid even with all due care such as health sickness or deteriorations of health, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

10  Physical fitness. Please note that on our walking holidays, many of our walks take place at an average altitude of 2,000 to 3,000 meters and that the temperature and weather conditions may be different from those you have previously encountered. It is your responsibility to ensure you are physically fit and that you keep yourself hydrated during your walks. You will occasionally be walking on steep terrain that may become slippery in certain weather conditions. You must ensure you have appropriate footwear and/or kits as it may be recommended for a particular activity. Anyone suffering from illness/disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of the reservation and make arrangements for the provision of any medication or treatment required during the holiday. Failure to make such disclosures shall absolve the Travels from any consequences emanating from such physical or mental condition and of all obligations that it may otherwise have under theses booking conditions.  

11  Authority of guide. Our guides have been selected for their knowledge of the hills and local conditions. If they reasonably consider that any of the routes planned for your holiday will or may present a danger for you or other members of your party or that you or any members(s) of your party will or may be unable to manage the planned route, they may modify your itinerary accordingly. You must agree to any such reasonable changes made in the interests of safety.

12  Responsible tourism. The Travels take you to a remote part of the world and an area of unspoiled and outstanding natural beauty. Please act responsibly and respect the environment at all times. You will also be spending time getting to know small, rural communities and we would ask you to respect their way of life, customs and religious sentiments. .

The Travels requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to India or certain other international destinations.

By offering for sale travel to particular destinations in India, we do not represent or warrant that travel to such point is advisable or without risk. The Travels does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

13  Dietary requirements, simple accommodation. It is advisable to dress in an appropriate manner such that the clothes are not very revealing and respect eating habits of the concerned community(ies). Please note that the food in many of our communities is vegetarian. Please let us know in advance of any allergies or special dietary requirements. Whilst specially designed for guests the accommodation in our village guest-houses and other accommodation is very simple in line with life lived in such remote rural communities. By accepting these booking conditions you are acknowledging acceptance of such a simple life style during your village stays.

14  The Travels will not be responsible for any injury or loss, personal or financial, suffered during the entire journey, which is not directly or solely attributable to the Travels. The Travels is only expected to take reasonable care and precautions in this regard and will not be held responsible for any acts or neglect resulting in any such loss. In any case the liability, if any, is fixed upto the amount paid you for the booking and not more.

15  All participants of holidays operated by the Travels are expected to obey the laws and regulations of the host country visited and any failure to do so will relieve the Travels of all obligations that it may otherwise have under these booking conditions

16  LAW AND JURISDICTION
This contract is made on the terms of these booking conditions which are governed and be construed with laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Nainital, Uttarakhand, India.
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 amicably. If the dispute is not settled within 30 (thirty) days of settling it amicably, or such further period as the parties shall agree in writing, then the dispute may be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole Arbitrator to be appointed by the Company. The Arbitration proceedings will be in Nainital, Uttarakhand, India. The arbitration proceedings shall be in the English language. The arbitrator’s decision shall be final and binding on both parties. In case of any dispute concerning the award, the courts in Uttarakhand shall have exclusive Jurisdiction.